§ 10.99. General penalty.

(A)

Violations misdemeanors or infractions.

(1)

It shall be unlawful for any person 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 by this Code. Any person violating any of such provisions or failing to comply with any of the mandatory requirements of this Code shall be guilty of a misdemeanor or an infraction as designated by, and provided for, in Cal. Penal Code §§ 16, 17, and 19, and as expressly specified in Cal. Veh. Code § 40000. 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 this Code or the provisions of any code adopted by reference by this Code is committed, continued, or permitted by such person and shall be punishable accordingly.

(2)

Any person convicted of a misdemeanor under the provisions of this Code shall be punished by a fine of not more than $1,000.00, or by imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment.

(3)

Any person convicted of an infraction under the provisions of this Code shall be punished for a first conviction by a fine of not more than $100.00, for a second conviction within a period of one year by a fine of not more than $200.00, and for a third or any subsequent conviction within a period of one year by a fine of not more than $500.00.

(4)

In addition to the penalties provided by this section, any condition caused or permitted to exist in violation of any of the provisions of this Code, or the provisions of any code adopted by reference by this Code, or any subdivision, building, wiring, plumbing, or other similar activity in violation of the provisions of this Code shall be deemed a public nuisance and may be summarily abated by the Town in a civil action, and each day such condition continues shall be a new and separate offense.

(1975 Code, § 1-2.01) (Ord. 1984-318, effective 5-10-84)

(B)

Civil penalties.

(1)

The Town Council finds that in addition to any other procedures, fines, or penalties, that where it is necessary for the Town to file a civil action in court to obtain compliance with Town codes or ordinances, the court may, in its discretion, assess a civil penalty of up to $5,000.00 against the violating parties in connection with the code enforcement action in the event the Town is the prevailing party. The court shall consider some or all of the following factors:

(a)

The duration of the violation(s).

(b)

The frequency or recurrence of the violation(s).

(c)

The seriousness of the violation(s).

(d)

The history of the violation(s).

(e)

The person's conduct after issuance of the notice of violation.

(f)

The good faith effort by the person to comply.

(g)

The economic impact of the penalty on the person.

(h)

The impact of the violation upon the community.

(i)

Any other factors that justice may require.

(2)

Any person or entity who commences development or begins construction of any improvement prior to obtaining a zoning approval, site development, subdivision, or building permit required by this Code shall pay a civil penalty to the Town equivalent to three times any and all fees required for the development or improvement plus the permit fee. The Planning Director may reduce or waive the administrative civil penalty fee in those cases where an application for permit is filed prior to staff awareness of a potential violation, and may reduce the fee by one-half where the Director determines that the applicant has not acted wilfully to violate the Code, provided that a complete permit application is submitted not later than ten days after staff has notified the owner of the violation.

(Ord. 1994-477, effective 1-12-95)

(C)

Change of misdemeanors to infractions. Notwithstanding any other provision of this Code, whenever the violation of any section contained in this Code is punishable as a misdemeanor, the prosecuting attorney having jurisdiction to prosecute such misdemeanor may specify that the offense is an infraction, and proceed with prosecution as an infraction.

(1975 Code, § 1-2.11) (Ord. 1986-337, passed 7-10-86)