Chapter 4.04
JUDICIAL REMEDIES
Sections:
4.04.010 Criminal violations – Misdemeanors and infractions.
4.04.020 Civil violations – Injunctions and civil penalties.
4.04.030 Code enforcement performance bond.
4.04.050 Treble damages for subsequent abatement judgments.
4.04.010 Criminal violations – Misdemeanors and infractions.
It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of this code. Except as elsewhere stated in this code, a violation of any of the provisions or failing to comply with any of the mandatory requirements of this code shall constitute an infraction. Notwithstanding any other provision of this code, any violation of this code, which constitutes a misdemeanor under this code, may, in the discretion of the city attorney, be charged and prosecuted as an infraction. Any person convicted of a misdemeanor under the provisions of this code, unless provision is otherwise herein made, shall be punishable by a fine of not more than one thousand dollars or by imprisonment in the county jail for a period of not more than six months or by both fine and imprisonment. Any person convicted of an infraction under the provisions of this code, unless provision is otherwise herein made, shall be punishable by fine only as follows: upon a first conviction, by a fine of not exceeding one hundred dollars; for a second conviction within a period of one year, by a fine of not exceeding two hundred dollars; for each additional violation of the same ordinance within a period of one year, by a fine of not exceeding five hundred dollars. Each such person shall be charged with a separate offense for each and every day during any portion of which any violation of any provision of this code is committed, continued or permitted by such person and shall, upon conviction, be punished accordingly. (Ord. 852 § 2, 2003)
4.04.020 Civil violations – Injunctions and civil penalties.
A. In addition to any other remedy provided by this code, any provision of this code may be enforced by injunction issued by the Superior Court upon a suit brought by the city of Capitola.
B. As part of a civil action filed to enforce provisions of this code, a court may assess a maximum civil penalty of two thousand five hundred dollars per violation of this code for each day during which any person commits, continues, allows or maintains a violation of any provision of this code. (Ord. 852 § 2, 2003)
4.04.030 Code enforcement performance bond.
As part of any enforcement action taken by the city, the city has the authority to require a responsible person to post a performance bond to ensure compliance with this code, applicable state codes, or any judicial action. (Ord. 852 § 2, 2003)
4.04.040 Judicial abatement.
Pursuant to California Penal Code Section 372 and California Code of Civil Procedure Section 731, the city has the authority to judicially abate public nuisances by filing criminal or civil nuisance actions. (Ord. 852 § 2, 2003)
4.04.050 Treble damages for subsequent abatement judgments.
Pursuant to California Government Code Section 38773.7, upon the entry of a second or subsequent civil or criminal judgment within a two-year period that finds an owner of property responsible for a condition that may be abated in accordance with California Government Code Section 38773.5, a court may order the owner to pay treble the costs of the abatement. These costs shall not include costs incurred abating conditions pursuant to Section 17980 of the California Health and Safety Code. (Ord. 852 § 2, 2003)