Chapter 1.04
GENERAL PENALTIES
Sections:
1.04.010 General penalties.
The City Council of the City of Norco intends to secure compliance with the provisions of this 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 this Code, each violation of the provisions of this Code may be enforced alternatively as follows:
A. Infraction—General. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this Code may be prosecuted for an infraction. Written citations for infractions may be issued by police officers or nonsafety employees designated by Section 1.05.020. Except for violations pertaining to construction on multiple-unit residential or commercial or industrial projects, an infraction under the provisions of this Code shall be punishable either by fines as is specified in the currently adopted Uniform Infraction Bail Schedule used by the Riverside County Consolidated Courts, or where no fine is specified therein by:
1. A fine not exceeding $100.00 for a first violation;
2. A fine not exceeding $250.00 for a second violation of the same ordinance within three years.
Infraction—Construction. For violations of this Code pertaining to construction on residential development projects that consist of more than one housing unit, or construction of commercial or industrial projects, including, but not limited to, hours of construction activity, storm water runoff and discharge controls, grading, etc., shall be assessed in the amounts specified in this chapter, as adopted by the City Council, as:
1. A fine not exceeding $5,000 for a first violation;
2. A fine not exceeding $10,000 for a second violation within three years from the date of the first violation;
3. A fine not exceeding $25,000 for each additional violation within three years from the date of the first violation.
All work shall be stopped on the subject of the violation, and the building(s) red-tagged, until the amount of the applicable fine has been deposited with the City as a bail amount. The prosecution of alleged violations of this section shall be processed utilizing the administrative citation procedure as set forth in Chapter 1.05.
B. Misdemeanor. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this Code may be prosecuted for a misdemeanor. Written citations for misdemeanors may be issued by police officers or by nonsafety employees designated by Norco Municipal Code Section 1.05.020. Any person convicted of a misdemeanor under the provisions of this 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, 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 this 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 this Code that a violation exists, he or she may issue an Administrative Citation under the provisions of Chapter 1.05.
E. In addition to the penalties provided in this section, any condition caused or permitted to exist in violation of any of the provisions of this Code is a public nuisance and may be, by this City, abated as such. Each day such condition continues shall be regarded as a new and separate offense.
F. Recovery of Attorneys’ Fees Authorized for Certain Nuisances Upon Election by City. In any action, administrative proceeding or special proceeding commenced by the City to abate a public nuisance, if the City elects at the initiation of that individual action or proceeding to seek recovery of its own attorneys’ fees and costs, the prevailing party shall be entitled to recover its attorneys’ fees. In no action, administrative proceeding or special proceeding shall an award of attorneys’ fees and costs to a prevailing party exceed the amount of reasonable attorneys’ fees and actual costs incurred by the City in the action or proceeding.
G. Prevailing Party. In addition to any other determination of prevailing party authorized pursuant to applicable law, the City shall be considered a prevailing party entitled to its costs under subsection (A) of this section when it can demonstrate that:
1. Its lawsuit was the catalyst motivating the defendant to provide the primary relief sought;
2. The lawsuit was meritorious and achieved its result by “threat of victory”; and
3. The City reasonably attempted to settle the litigation before filing the lawsuit.
H. Remedies Cumulative. The remedies contained in this section are cumulative to one another and to any other remedy available by law or in equity to the City. (Ord. 992 Sec. 1, 2015; Ord. 962, 2013; Ord. 879, 2007; Ord. 836, Amended, 08/03/2005; Ord. 765 Sec. 1, December 2000; Ord. 634 Sec. 1, 1991; Ord. 527 Sec. 2, 1984)