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)