A. State Law. Any violation of Section 8.08.030(A) shall be prosecuted to the fullest extent possible under California Penal Code Section 594 et seq., and other applicable state statutes, including but not limited to California Vehicle Code Sections 13202.6 and 42001.71, California Welfare and Institutions Code Section 727.5, and California Civil Code Section 1714.1.
B. Criminal Penalty. Any person violating Section 8.08.030(A) shall be guilty of a misdemeanor in accordance with Chapter 1.12 of the Yucaipa Municipal Code.
C. Nuisance. A violation of any of the provisions of this chapter shall constitute a nuisance as defined in Yucaipa Municipal Code Chapter 8.16 and may be abated by the city through the process and procedure set forth in Chapter 8.16 or through civil process by means of restraining order, preliminary or permanent injunction, or in any other manner provided by law or this code for the abatement of such nuisances.
D. Civil Penalties. Any person, firm or corporation who violates Section 8.08.030(A) shall be liable for a civil penalty not to exceed one thousand dollars ($1,000.00) for each violation. Each day of such conduct and each occurrence is a separate and distinct violation. In determining the amount of the civil penalty, the court shall consider all relevant circumstances, including, but not limited to, the extent of the harm caused by the conduct constituting a violation, the nature and persistence of such conduct, the length of time over which the conduct occurred, the assets, liabilities and net worth of the person, whether corporate or individual, and any corrective action taken by the defendant. The civil penalty prescribed by this subsection shall be assessed and recovered and a civil action brought by the city attorney or by any member of the public in any court of competent jurisdiction. The civil penalty prescribed by this subsection may be sought in addition to, and not in lieu of, any other remedy, including, but not limited to, criminal remedies, injunctive relief, specific performance or any other remedy. In the event any such action is brought by a member of the public, any civil penalty awarded shall be awarded to and on behalf of the city or other person whose property is damaged. (Ord. 286 § 1, 2009)