Division VI. Enforcement
Chapter 18.90
COMPLIANCE AND PENALTIES
Sections:
18.90.010 Compliance responsibilities.
18.90.040 Violation of use permit or variance permit an infraction.
18.90.050 Violation an infraction unless otherwise stated.
18.90.060 Penalty for infraction.
18.90.070 Penalty for misdemeanor.
18.90.090 Private action for nuisance.
18.90.100 Remedies not exclusive.
18.90.010 Compliance responsibilities.
A. Each department official and public employee of the city vested with the duty or authority to issue a permit shall conform to this title and may not issue a permit for a use, building or purpose in conflict with this title.
B. A permit issued in conflict with this title is void.
C. It is the duty of the building inspector of the city to enforce the provisions of this title pertaining to the erection, construction, reconstruction, moving, conversion, alteration or addition to a building or structure. [Ord. 979 § 2 (Exh. A), 1990.]
18.90.020 Acts unlawful.
A building or structure set up, erected, constructed, altered, enlarged or converted, and a use of land, building or premises established, conducted, operated or maintained contrary to this title is unlawful and a public nuisance. The city attorney shall, upon order of the city council, begin proceedings for the abatement and removal and enjoinment thereof in the manner provided by law, and shall take such other steps to obtain relief to abate and remove the building or structure, and restrain and enjoin the use contrary to this title. [Ord. 979 § 2 (Exh. A), 1990.]
18.90.030 Separate offense.
Each person is guilty of a separate offense for each and every day during any portion of which the violation of this title is committed, continued, or permitted by that person. [Ord. 979 § 2 (Exh. A), 1990.]
18.90.040 Violation of use permit or variance permit an infraction.
Each person or the successor to each person who holds a land use permit or a variance permit issued by the city shall comply with each provision of the permit imposed as a condition to the exercise of the permit. A person who violates or fails to comply with each provision of the permit and with each term imposed as a condition to the exercise of the permit is guilty of a violation of this section. A person who violates this section is guilty of an infraction. The penalty provided in this section is in addition to sections of this title providing a forfeiture of the permit. [Ord. 979 § 2 (Exh. A), 1990.]
18.90.050 Violation an infraction unless otherwise stated.
A. No person shall violate a provision of this title or fail to comply with a requirement of this title. A person who violates a provision of this title or fails to comply with a mandatory requirement of this title is guilty of an infraction unless the violation is stated to be a misdemeanor.
B. An offense which would otherwise be an infraction is a misdemeanor if a defendant has been convicted of two or more violations of the same offense within the 12-month period preceding the commission of the offense. [Ord. 979 § 2 (Exh. A), 1990.]
18.90.060 Penalty for infraction.
Under Government Code Section 36900, the penalty by fine for an infraction is as follows:
A violation determined to be an infraction is punishable by:
A. A fine of $100.00 for a first violation;
B. A fine of $200.00 for a second violation of the same offense within one year;
C. A fine of $500.00 for each additional violation of the same offense within one year. [Ord. 979 § 2 (Exh. A), 1990.]
18.90.070 Penalty for misdemeanor.
A person convicted of a misdemeanor under this title shall be punished by a fine of not more than $1,000 or by imprisonment in the county jail for a period of not more than six months, or both. [Ord. 979 § 2 (Exh. A), 1990.]
18.90.080 Nuisance.
In addition to the penalty provided, a condition caused or permitted to exist in violation of this title, whether the violation is an infraction or a misdemeanor, is a public nuisance. It may be abated in accordance with Chapter 1.24 PMC or by civil action. Each day that the condition continues is a new and separate offense. [Ord. 979 § 2 (Exh. A), 1990.]
18.90.090 Private action for nuisance.
Under Civil Code Sections 3479 and 3481 a person damaged by a nuisance may institute a private civil action against the person responsible for the nuisance.
This section does not create a duty upon the city to act. [Ord. 979 § 2 (Exh. A), 1990.]
18.90.100 Remedies not exclusive.
The remedies provided for in this chapter are cumulative, not exclusive. [Ord. 979 § 2 (Exh. A), 1990.]