§ 4. Violation of Code provisions: Penalties  


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  • It shall be unlawful for any person to violate any provisions or to fail to comply with any of the requirements of the San Juan Capistrano Municipal Code or the provisions of any Code adopted by reference by said Code. Any person violating any of such provisions or failing to comply with any of the mandatory requirements of the San Juan Capistrano Municipal Code shall be guilty of a misdemeanor or an infraction as designated by, and provided for, in Sections 16, 17, 19c, and 19d of the Penal Code of the State of California and as expressly specified in Section 40000 if the Vehicle Code of the State of California. Each such person shall be guilty of a separate office for each and every day during any portion of which any violation of any provision of the San Juan Capistrano Municipal Code, or the provisions of any Code adopted by reference by said Code, is committed, continued, or permitted by such person and shall be punishable accordingly.

    Any person convicted of a misdemeanor under the provision of the San Juan Capistrano Municipal Code shall be punishable by a fine of not more than Five Hundred and no/100ths ($500.00) Dollars, or by imprisonment in the County jail for a period not exceeding six (6) months, or by both such fine and imprisonment.

    Any person convicted of an infraction under the provisions of the San Juan Capistrano Municipal Code shall be punishable for a first conviction by a fine of not more than Fifty and no/100ths ($50.00) Dollars, for a second conviction within a period of one year by a fine of not more than One Hundred and no/100ths ($100.00) Dollars, and for a third or any subsequent conviction within a period of one year by a fine of not more than Two Hundred Fifty and no/100ths ($250.00) Dollars.

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