Chapter 1.24
GENERAL PENALTY
Sections:
1.24.040 Continuing violation—Separate offense.
1.24.050 Prosecution as misdemeanor or infraction.
1.24.010 Misdemeanors.
Any person violating any of the provisions or failing to comply with any of the mandatory requirements of the ordinances of the city shall be guilty of a misdemeanor, unless the violation is made an infraction by ordinance. (Ord. 1063 § 2 (part), 1999: prior code § 1.24.010)
1.24.020 Misdemeanor—Penalty.
Except in cases where a different punishment is prescribed by any ordinance of the city, any person convicted of a misdemeanor for violation of an ordinance of the city is punishable by a fine of not more than one thousand dollars ($1,000), or by imprisonment not to exceed six months, or by both such fine and imprisonment. (Ord. 1063 § 2 (part), 1999: prior code § 1.24.020)
1.24.030 Infractions—Penalty.
Any person convicted of an infraction or violation of an ordinance of the city is punishable by: (1) a fine not exceeding one hundred dollars ($100.00) for a first violation; (2) a fine not exceeding two hundred dollars ($200.00) for a second violation of the same ordinance within one year; (3) a fine not exceeding five hundred dollars ($500.00) for each additional violation of the same ordinance within one year. (Ord. 1063 § 2 (part), 1999: prior code § 1.24.030)
1.24.040 Continuing violation—Separate offense.
Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinances of the city is committed, continued or permitted by any such person, and he or she shall be punished accordingly. (Ord. 1063 § 2 (part), 1999: prior code § 1.24.040)
1.24.050 Prosecution as misdemeanor or infraction.
Notwithstanding any provision of this municipal code to the contrary, the city attorney, or in the case of a notice to appear the citing officer, shall have the authority to prosecute any violation of any city ordinance that is designated as a misdemeanor as an infraction in the interests of justice. Additionally, the court may determine that the offense is an infraction, in which event the case shall proceed as if the defendant had been arraigned on an infraction complaint. (Ord. 08-13 § 1: Ord. 1089 § 4, 2001)
1.24.060 Recovery of costs.
A. Recovery Authorized. Any violation of this municipal code is hereby determined to constitute a public nuisance. In addition to any other remedy available to the city, in any civil, criminal or administrative action, proceeding or matter commenced by the city to abate such a public nuisance, to enjoin a violation of any provision of this municipal code, or to collect a civil or criminal penalty or other amount due to the city as the result of any such public nuisance, the city shall, if it is the prevailing party, be entitled to recover from the defendant in any such action costs incurred by the city in such action, proceeding or other matter.
B. Definition of “Costs.” As used in this section, “costs” shall have the meaning set forth in California Code of Civil Procedure Section 1033.5, including, without limitation, attorneys’ fees. In addition to such items, all of the following shall be included within the definition of “costs”:
1. Personnel costs of the city, as actually incurred by the city (for contractors and consultants) or based on established rates of employee costs as adopted by resolution of the city council from time to time. Such personnel costs shall include, but not be limited to, the costs incurred by the city to pay any contractor to abate a public nuisance.
2. Costs of administrative hearings, including hearing officer costs and reporter costs.
3. Any administrative fines or penalties.
4. Accrued interest at the maximum rate established by law.
C. Collection of Costs. The city manager or designee shall keep an accounting of costs incurred in any action, proceeding or other matter described in this section. Collection of costs authorized by this section shall occur as follows:
1. Civil or Criminal Actions. In any civil or criminal action, the city may seek recovery of costs (including any costs incurred in any related administrative matter) as set forth in California Code of Civil Procedure Section 1033.5, subsection (c)(5).
2. Administrative Matters.
a. Costs incurred by the city in any administrative matter may be collected as a lien against the subject property as authorized by Government Code Section 54988 and as follows. The city manager or designee shall provide the owner of the subject property with a written accounting of the city’s costs, which shall include, in plain language, a description of the basis for the amounts comprising the lien, a minimum of forty-five (45) days after notice to pay the costs, and an opportunity to appear before the city council (or its designated hearing authority) and be heard regarding the amount of the proposed lien and that failure to so appeal shall constitute a waiver of the owner’s right to an administrative determination of the matter. The notice shall be mailed by certified mail to the last known address of the owner of the property. In the event the owner does not appeal, the amount of any unpaid costs may be made a lien on the subject property to be sent to the county tax collector in order to be collected at the same time and in the same manner as property taxes are collected.
b. The city council may, at any time, by ordinance, resolution or motion, delegate the holding of the hearing required by the subsection (C)(2)(a) of this section to a hearing body designated by the city council. In the event a hearing body has heard an administrative matter, that hearing body shall be deemed to be the city council’s delegate hereunder, without further city council action. The hearing body shall make a written recommendation to the city council, which recommendation shall include factual findings based on evidence introduced at the hearing. The city council may adopt the recommendation without further notice of hearing, or may set the matter for a de novo hearing before the city council. Notice in writing of the de novo hearing shall be provided to the property owner at least ten (10) days in advance of the scheduled hearing.
c. If city council determines that the proposed lien authorized pursuant to subsection (C)(2)(a) of this section shall become a lien, the city council may also cause a notice of lien to be recorded. In the event the property owner fails to appeal the costs, the city manager or designee may determine that the proposed lien authorized pursuant to subsection (C)(2)(a) of this section shall become a lien and may also cause a notice of lien to be recorded. A lien recorded pursuant to this subdivision shall attach upon recordation in the office of the county recorder and shall have the same force, priority, and effect as a judgment lien, not a tax lien. The notice shall, at a minimum, identify the record owner of the property, set forth the last known address of the record owner, set forth the date upon which the lien was created against the property, and include a description of the real property subject to the lien and the amount of the lien.
d. In addition to the remedies set forth herein or otherwise provided for by law, the obligation to pay any unpaid costs shall be made a personal obligation of the owner of property subject to this section. Such obligation may be recovered against the owner through a suit instituted by the city or its authorized collection agent, or in any other manner provided for by law. In any such action, the city shall be entitled to recover costs of such suit, including the city’s attorneys’ fees.
D. 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. 04-05 § 2)
1.24.070 Aiding or abetting.
Knowingly causing, permitting, aiding, abetting or concealing a violation of any provision of this code or any ordinance of the city of San Jacinto, including, without limitation, by any property owner, lessor, or person in possession, charge or control of any property, is unlawful and shall also constitute a violation of this code. The word “knowingly” imports only a knowledge that the facts exist which bring the act or omission within the provisions of this code or any ordinance of the city of San Jacinto. It does not require any knowledge of the unlawfulness of such act or omission. (Ord. 11-09 § 1)