Pacifica Municipal Code Ch. 2 Penalty Provisions

* Section 1-2.08, as added by Ordinance No. 528-C.S., effective June 21, 1989, repealed by Ordinance No. 687-C.S., effective June 28, 2001.

(a) It shall be unlawful for any person to perform any act that is prohibited, or made or declared to be unlawful or an offense by this Code, or to violate any provision or to fail to comply with any of the requirements of this Code or the provisions of any code adopted by reference in this Code. Any person violating any of such provisions or failing to comply with any of the mandatory requirements of this Code or any code adopted by reference herein shall be guilty of a misdemeanor as designated by this Code and as provided for in the Penal Code of the State and in Article 1 of Chapter 1 of Division 17 of the Vehicle Code of the State, except where such violation is specifically declared to be an infraction by the provisions of this Code or by the State Vehicle Code.

(b) Each such person shall be guilty of a separate offense for each and every day or part thereof during which any violation of any provision of this Code, or the provisions of any code adopted by reference by this Code, is committed, continued, maintained or permitted by such person and shall be punishable accordingly.

(c) Any person convicted of a misdemeanor under the provisions of this Code shall be punishable by a fine of not more than One Thousand and no/100ths ($1,000.00) Dollars, or by imprisonment in the County Jail for a period not exceeding six (6) months, or by both such fine and imprisonment.

(d) Any person convicted of an infraction under the provisions of this Code shall be punishable for a first conviction by a fine of not more than One Hundred and no/100ths ($100.00) Dollars, for a second conviction under the same ordinance within a period of one year by a fine of not more than Two Hundred and no/100ths ($200.00) Dollars, and for a third or any subsequent conviction under the same ordinance within a period of one year by a fine of not more than Five Hundred and no/100ths ($500.00) Dollars.

(e) The City Attorney or Public Prosecutor may determine that any misdemeanor violation of this Code shall be charged and prosecuted as an infraction.

(f) Any offense which would otherwise be an infraction is a misdemeanor if a defendant has been convicted of three or more violations of this Code within the twelve-month period immediately preceding the commission of the offense and such prior convictions are admitted by the defendant or alleged in the accusatory pleading. For this purpose, a bail forfeiture shall be deemed to be a conviction of the offense charged.

(g) In addition to the remedies, penalties and other methods of enforcement provided by law, any condition caused, maintained, or permitted to exist in violation of any of the provisions or requirements of this Code, or the provisions or requirements of any code adopted by reference by this Code, shall be deemed unlawful and a public nuisance and may be summarily abated by the City. Each day or part thereof such condition continues shall constitute a new and separate offense.

(§ 1, Ord. 445-85, eff. June 27, 1985, as amended by § 1, Ord. 528-C.S., eff. June 21, 1989, and § 1, Ord. 687-C.S., eff. June 28, 2001)

Whenever in this Code any act or omission is made unlawful, it shall include causing, permitting, aiding, abetting, suffering, or concealing the fact of such act or omission.

The provisions of this Code which declare certain crimes to be punishable as therein mentioned devolve a duty upon the court authorized to pass sentence to determine and impose the punishment described.

Whenever in this Code the punishment for a crime is left undetermined between certain limits, the punishment to be inflicted in a particular case shall be determined by the court authorized to pass sentence, within such limits as may be prescribed by this Code.

(Repealed by § 1, Ord. 343-C.S., eff. August 11, 1982)

The amount of any fee, service charge, utility charge, license, or tax of any nature whatsoever imposed by any provision of this Code shall be deemed a civil debt owing to the City. An action may be commenced in the name of the City in any court of competent jurisdiction for the collection of the amount of any such delinquent or unpaid fee, service charge, utility charge, license, or tax, together with any penalties applicable thereto as prescribed by this Code. The remedy prescribed by this section shall be cumulative, and the use of an action to collect such an amount as a debt by civil action shall not bar the use of any other remedy provided by this Code or by law for the purpose of enforcing the provisions thereof.

In addition to any of the remedies, penalties and other methods of enforcement provided in this chapter, the City Attorney is authorized to institute such legal proceeding or suit in equity as may be deemed necessary to abate, remove, remedy, enjoin or restrain any violation of this Code, and may apply to any court with jurisdiction to grant such relief as may be appropriate to abate, remove, remedy, enjoin or restrain such violation or to impose civil penalties as set forth in this chapter. Any provision of this Code may be enforced by injunction issued by the Superior Court of the State of California upon a suit brought by the City.

(§ 2, Ord. 528-C.S., eff. June 21, 1989)

(a) Notwithstanding any other provision of this Code, any condition which poses an immediate or imminent hazard or threat to life, limb, health, property, safety or welfare, may be immediately and summarily secured or abated in such a manner so as to mitigate or eliminate the potential for injury to persons or property provided the following procedures are adhered to in each such instance:

(1) The condition is immediately brought to the attention of the City Manager, or his or her designee, and the City Manager, or designee, concurs that emergency action is necessary; and,

(2) In such instance, the City Manager or designee shall first make a reasonable and timely attempt to identify and contact the owner, occupant or tenant of the property to notify such person of the dangerous or hazardous condition and to seek immediate voluntary abatement. If such attempt is unsuccessful, or if the owner, occupant or tenant fails or refuses to act immediately, then the City Manager or designee may proceed with the emergency abatement as described in this Section.

(b) Notwithstanding any other requirement of this section, in the event the condition to be abated is so immediately hazardous that it would be unreasonable and dangerous to persons or property to expend the time necessary to seek City Manager approval and voluntary abatement, the City Manager or designee may proceed with emergency abatement as described in this Section, immediately, without seeking such approval.

(c) The costs of such emergency abatement are to be charged to the property owner and collected in accordance with any of the methods provided for in this Code, or as otherwise provided by law.

(§ 1, Ord. 687-C.S., eff. June 28, 2001)

The remedies provided in this chapter shall be cumulative and not exclusive.

(§ 4, Ord. 528-C.S., eff. June 21, 1989)

The City may elect at the initiation of any particular action, administrative proceeding or special proceeding to seek attorneys' fees and costs. If the City so elects, then the prevailing party in such action, administrative proceeding or special proceeding shall be entitled to seek recovery of its own reasonable attorneys' fees. Any award of attorneys' fees shall not exceed the amount of reasonable attorneys' fees and costs incurred by the City in the action, administrative proceeding or special proceeding. The City may seek its attorneys' fees and costs incurred after adoption of this section, for any action or administrative proceeding or special proceeding that is pending upon adoption of this section, provided that the City makes the election to seek its attorneys' fees and costs.

(§ 1, Ord. 758-C.S., eff. May 14, 2008)