A. In addition to any other penalty provided by law, any person who knowingly or willfully violates any provision of this chapter, including any willful or knowing failure to keep a record of contributions, to place contributions in a campaign contribution checking account, or to refuse excessive contributions, shall be guilty of a misdemeanor and punishable as provided in Section 1.16.010 of this code.
B. Any contribution received in violation of this chapter shall be returned to the contributor if the funds can be identified; if the funds cannot be identified, the amount of the contribution made in violation of this chapter shall be paid to the city treasurer for deposit in the general fund of the city.
C. The city attorney may maintain in the name of the city a civil action at any time during an election cycle or thereafter, in a court of competent jurisdiction to enjoin actual or threatened violations of, or to compel compliance with, or to obtain a judicial declaration regarding the applicability of or compliance with, the provisions of this chapter.
D. The city attorney may maintain in the name of the city a civil action to recover from a candidate, or committee, or from any person who intentionally or negligently violates any of the reporting requirements or contribution limitations set forth in this chapter, an amount up to the campaign contribution limitation or three times the amount not reported or the amount received in excess of the amount allowable pursuant to this chapter, whichever is greater. Any money recovered in any such action shall be deposited in the city’s general fund.
E. Any limitation of time prescribed by law within which criminal prosecution or a civil action pursuant to this chapter must be commenced shall not begin to run until discovery of the violation.
F. If, after election, any holder of a city office is convicted of a violation of any provision of this chapter, such violation shall constitute an offense involving violation of official duties, and the office shall be deemed vacant pursuant to Government Code Section 1770. Any person convicted of a violation of this chapter shall be ineligible to hold a city office for a period of five years from and after the date of the conviction.
(Ord. 2020-06-1513 §6: Ord. 2014-04-1469 §1 (part): Ord. 93-11-1170 § 10: Ord. 85-10-962 § 1 (part))