A.
It is
unlawful for any person to violate any provision or to fail to comply
with any of the requirements of this code, the Lemon Grove Development
Code, or of any ordinance adopted by the city. Notwithstanding any
provisions to the contrary, a violation of any of the provisions or
requirements of this code, the Lemon Grove Development Code, or any
ordinance adopted by the city shall constitute a misdemeanor; provided,
however, any such violation constituting a misdemeanor may, by ordinance
be made an infraction or, in the discretion of the city attorney,
acting in the name of the people of the State of California, be charged
and prosecuted as an infraction.
B.
Any
person convicted of a misdemeanor under the provisions of this code,
the Lemon Grove Development Code, or of any ordinance adopted by the
city, unless provision is otherwise made, shall be punishable by a
fine of not more than one thousand dollars, by imprisonment in the
county jail for a period of not more than six months or by both fine
and imprisonment. Any person convicted of an infraction under the
provisions of this code, the Lemon Grove Development Code, or any
ordinance adopted by the city, unless provision is otherwise made,
shall be punishable by fine only as follows:
C.
Notwithstanding
any other provision of law, a violation of local building and safety
codes determined to be an infraction is punishable by:
1.
A
fine not exceeding one hundred dollars for a first violation;
2.
A
fine not exceeding five hundred dollars for a second violation of
the same ordinance within one year;
3.
A
fine not exceeding one thousand dollars for each additional violation
of the same ordinance within one year of the first violation.
D.
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,
the Lemon Grove Development Code, or any ordinance adopted by the
city, shall be deemed a public nuisance and may be, by the city attorney,
abated as such, and each day that such condition continues shall be
regarded as a new and separate offense.
E.
The city attorney, as an alternative to subsections A, B, and C of this section, may redress a violation of any state or local ordinance by civil action, including, but not limited to, restraining orders, injunctions, fines, and damages. Civil action by the city attorney may also include the following in addition to any other civil remedy allowed under the laws of the state and the United States: forfeiture of any or all permits, licenses, approvals, and privileges or benefits of any nature granted by the city.
G.
Citation
for Infraction. As an alternative to misdemeanor prosecution, the
city manager or his/her designee, or the chief of the fire department
or his/her designee may issue a citation to the owner(s), occupant(s)
or other person(s) deemed responsible for violating any provisions
of the Lemon Grove Municipal Code. For purposes of this subsection,
any such violation shall be classified as an "infraction," pursuant
to California Government Code Section 36900, which section and the
penalties prescribed are adopted and incorporated in this section.
(Ord. 190, 1991; Ord. 340 § 1, 2004)
Each person who violates any provision or fails to comply with
any of the requirements of this code, the Lemon Grove Development
Code, or any ordinance adopted by the city, shall be charged by a
separate offense for each and every day during any portion of which
any violation is committed, continued or permitted by any such person
and shall, upon conviction, be punished accordingly. Civil penalties
for failure to obtain any required permit shall begin to accrue on
the first day activity subject to the permit requirement is commenced,
and shall cease to accrue on the day the permit is obtained. Civil
penalties for violation of any order to cease violation or notice
and order to correct shall begin to accrue on the first day such order
or notice is posted, and shall cease on the day the violation is actually
stopped.
(Prior code § 11.117; Ord. 340 § 2, 2004)
Whenever in this code any act or omission is made unlawful,
it shall include causing, permitting, aiding or abetting such act
or omission.
(Prior code § 11.118)
The termination or suspension (by whatsoever means effected)
of any provision of this code or any ordinance of the city does not
constitute a bar to the prosecution and punishment of any act already
committed in violation of the provision so terminated or suspended,
unless the intention to bar such prosecution and punishment is expressly
declared by an applicable provision of such code or ordinance.
(Prior code § 11.119)
If any person is arrested for a violation of any one or more of the provisions of this code or any city ordinance and such person does not demand to be taken before a magistrate, the arresting officer may issue a citation in the manner prescribed in Chapter 5C (commencing with Section 853.6) of Title 3, Part 2 of the Penal Code.
(Prior code § 13.101)
A violation of this code may be subject to an administrative citation issued under Chapter 1.24.
(Ord. 356 § 1, 2006)
