The City Council of the City of Tulare intends to secure compliance with the provisions of the Tulare Municipal Code and state codes specifically adopted by reference in the applicable chapters of the Tulare Municipal Code. To the extent that such compliance may be achieved by less drastic methods of enforcement the following alternate, separate and distinct methods may be utilized. Each method set forth herein is intended to be mutually exclusive and does not prevent concurrent or consecutive methods being used to achieve compliance against continuing violations. Each and every day any such violations exist constitutes a separate offense. Notwithstanding any other provision of the Tulare Municipal Code and state codes specifically adopted by reference in the applicable chapters of the Tulare Municipal Code, each violation of the provisions of this code may be enforced alternatively as follows:
(A) Infraction. Violations of any provision or failing to comply with any mandatory requirement is punishable as an infraction unless the applicable chapter specifically states otherwise. Written citations for infractions may be issued by police officers or non-safety employees designated by Tulare Municipal Code Chapters 1.60. 3.04. 3.24 and 6.16. Fines shall be assessed in the amounts specified as follows:
(1) A fine not exceeding $100 for a first violation;
(2) A fine not exceeding $200 for a second violation of the same ordinance within 12 months; and
(3) A fine not exceeding $500 for each additional violation of the same ordinance within 12 months.
(B) Misdemeanor. A violation is punishable as a misdemeanor if the applicable chapter so states, but the City Attorney may prosecute as an infraction with concurrence of the court. Written citations for misdemeanors may be issued by police officers or by non-safety employees designated by Tulare Municipal Code Chapters 1.60, 3.04, 3.24 and 6.16. Any person convicted of a misdemeanor under the provisions of the Tulare Municipal Code and state codes specifically adopted by reference in the applicable chapters of the Tulare Municipal Code, shall be punished by a fine not exceeding $1,000 or imprisonment for a term not exceeding six months, or by both such fine and imprisonment.
(C) Civil action. The City Attorney, or an attorney hired for such purposes by and at the request of the City Council, may institute an action in any court of competent jurisdiction to restrain, enjoin or abate the condition(s) found to be in violation of the provisions of the Tulare Municipal Code or state codes specifically adopted by reference in the applicable chapters of the Tulare Municipal Code, as provided by law.
(D) Administrative citation. Upon a finding by the city official vested with the authority to enforce the various provisions of the Tulare Municipal Code or state codes specifically adopted by reference in the applicable chapters of the Tulare Municipal Code, that a violation exists, he or she may issue an administrative citation under the provisions of this chapter.
(E) Administrative fine schedule. All administrative fines referenced throughout the Tulare Municipal Code shall be as set forth in the Administrative Fine Schedule as established and adopted by resolution of the City Council of the City of Tulare. If any ordinance establishes an administrative fee amount which is in conflict with the Administrative Fine Schedule the amount as defined in the schedule will be deemed the correct amount.
(1995 Code, § 1.61.030) (Ord. 10-16, passed 5-4-2010; Ord. 10-15, passed 4-20-2010; Ord. 04-1953, passed --2004)