(A) Except as specified below, any person who violates any of the provisions of this code or standards hereby adopted or fails to comply therewith, or who violates or fails to comply with any order made thereunder, or who builds in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who fails to comply with such an order as affirmed or modified by the city or by a court of competent jurisdiction, within the time fixed herein, shall severally for each and every such violation and noncompliance, respectively, be guilty of a misdemeanor, punishable by a fine not exceeding $1,000 or by imprisonment not exceeding six months or by both the fine and imprisonment. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each ten days that prohibited conditions are maintained shall constitute a separate offense.
(B) (1) In addition to any other remedies, penalties, or punishments stated herein, and to the fullest extent permitted by law, any person who violates any of the provisions of this code or standards shall also be responsible for all costs associated with the safe disposal of all confiscated fireworks as well as all expenses, costs, fees and fines associated with the investigation of the charges.
(2) The city shall provide cost reimbursement to the State Fire Marshal if required pursuant to regulations to be adopted by the State Fire Marshal addressing the State Fire Marshal's cost for the transportation and disposal of dangerous and illegal fireworks seized by the city, which costs will be part of any administrative fine imposed. However, such cost reimbursement shall not be required unless and until the State Fire Marshal provides services for the disposal of dangerous and illegal fireworks.
(3) If the administrative fee, costs, or the cost of removal are charged against either 1) the owner of a parcel of land pursuant to this section; or 2) the person cited pursuant to § 3.08.040 who is also the property owner where the citation was given, and said fees, costs, or costs of removal are not paid within 30 days of the date of the order, or the final disposition of an appeal therefrom, such costs may be assessed against the parcel of land pursuant to Cal. Gov’t Code § 38773.5 and may be transmitted to the tax collector for collection. Said assessment shall have the same priority as other city taxes.
(C) The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.
(1995 Code, § 3.08.100) (Ord. 2022-17, passed 12-20-2022; Ord. 2021-05, passed 12-21-2021; Ord. 03-1919, passed - -2003; Ord. 99-1850, passed - -1999)