Chapter 1.20
GENERAL PENALTY1
Sections:
1.20.030 Administrative proceedings.
1.20.040 Nuisance abatement proceedings.
1.20.050 Public health order violations.
1.20.010 Criminal.
A. Unless otherwise specifically provided, a violation of any provision of this code or failing to comply with any of the mandatory requirements hereof is a misdemeanor. Notwithstanding the preceding sentence or any other provision of this code, any violation constituting a misdemeanor may, in the discretion of the enforcing authority, be charged and prosecuted as an infraction. A violation shall be deemed an infraction if a citation is issued specifying that the violation is an infraction or the city attorney or district attorney makes a motion to reduce a misdemeanor charge to an infraction prior to trial on the matter.
B. Any person convicted of a misdemeanor pursuant to this code shall be punished by a fine or by imprisonment not to exceed the maximum amount or time, respectively, allowed by law, or by both such fine and imprisonment. Any person convicted of an infraction pursuant to this code shall be punished by a fine not to exceed the maximum amount allowed by law.
C. Each such person is guilty of a separate offense for each and every calendar day during any portion of which any violation of the code of Cotati is committed, continued or permitted by any such person, and he shall be punished accordingly. (Ord. 886 § 2 Exh. A (part), 2019: Ord. 874 § 2, 2017: Ord. 648 § 1, 1996: Ord. 335 § 2, 1982: Ord. 259 § 2, 1978: Ord. 168 § 1, 1973).
1.20.020 Civil.
In addition to or in lieu of the remedies provided in this chapter or this code, the city may commence an action for abatement, including, but not limited to, an injunction thereof, nuisance abatement action, abatement warrant, inspection warrant, and/or appointment of a receiver, in the manner required by law and shall take such other steps to obtain such relief as will abate or remove violations and restrain and enjoin any person from violating any provisions of this code, or other applicable laws and regulations. All costs of such abatement shall be recoverable. (Ord. 886 § 2 Exh. A (part), 2019).
1.20.030 Administrative proceedings.
In addition to or in lieu of the remedies provided in this chapter or this code, upon a finding by the city official, employee, contractor, or agent vested with the authority to enforce the various provisions of this code, he or she may initiate administrative enforcement proceedings under the provisions of Chapters 1.28 and 1.30. Administrative fines issued thereunder may be set forth in a schedule of such fines or penalties established by resolution of the Cotati city council or by the applicable provisions of this code. In the event that a nuisance is found to exist in any proceeding commenced under Chapter 1.30, the nuisance abatement proceedings described within this chapter shall be applicable. (Ord. 886 § 2 Exh. A (part), 2019).
1.20.040 Nuisance abatement proceedings.
A. Public Nuisance. Any condition caused or permitted to exist in violation of any of the provisions of this code, resolution of the city council, or statute of the state of California is hereby deemed a public nuisance and may be abated as provided by this chapter or as otherwise provided by this code. Every calendar day a public nuisance continues to exist shall constitute a new and separate offense.
B. Lien. Whenever any costs, related administrative costs, and/or attorneys’ fees are incurred by the city in an administrative or civil nuisance abatement proceeding, the cost of such abatement and attorneys’ fees, if elected as described below, shall become a lien against the property on which it is maintained and a personal obligation of the property owner as provided under Government Code Section 38773.1. The city shall follow those procedures set forth under Government Code Section 38773.1 to place a lien against any property for nuisance abatement costs incurred under the authority of this code.
C. Special Assessment. As an alternative procedure for recovery of any costs, related administrative costs, and/or attorneys’ fees incurred by the city in an administrative or civil nuisance abatement proceeding, the cost of such abatement and attorneys’ fees, if elected as described below, may be made a special assessment, subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection, and enforcement of municipal taxes shall be applicable to such special assessment in accordance with Government Code Section 38773.5. The city shall follow those procedures set forth under Government Code Section 38773.5 to place a special assessment on any property for nuisance abatement costs incurred under the authority of this code.
D. Attorneys’ Fees. In any civil action, administrative proceeding, or special proceeding to abate a public nuisance in which the city elects at its initiation to seek recovery of its attorneys’ fees, the prevailing party shall be entitled to recover reasonable attorneys’ fees; provided, that the award does not exceed the amount of reasonable attorneys’ fees incurred by the city in the action or proceeding. (Ord. 886 § 2 Exh. A (part), 2019).
1.20.050 Public health order violations.
A violation of a public health order is a violation of this code. “Public health order” means any order issued by the county public health officer, the state public health officer, or a federal agency; any federal, state, or local guidance or directives issued by the federal, state, or county public health officer containing mandatory, binding, or enforceable obligations applicable to the public; or any site- or industry-specific protocols required by federal, state, or local jurisdictions. (Ord. 897 § 2, 2020).
For statutory provisions authorizing cities to impose fines up to one thousand dollars for violations of this code or imprisonment up to six months, or both, see Gov. Code § 36901.