§ 18.152.080 — Legal Remedies

In compliance with SCCC 1.05.070, the City, in its prosecutorial discretion, may enforce violation(s) of the provisions of Title 18 as a civil, criminal, and/or administrative action. A. Civil Actions. 1. Injunction. The City Attorney or District Attorney may apply to the Superior Court for injunctive or other appropriate relief to terminate a violation(s) of SCCC Title 18. 2. Abatement Proceedings. The City Attorney or District Attorney may apply to the Superior Court for an order authorizing the City to undertake actions necessary to abate the violation(s) and require the violator to pay for the cost of the actions. 3. Nuisance Abatement. The City may pursue any remedies or enforcement action(s) for the abatement of a nuisance in compliance with SCCC Chapter 15.40 (Dangerous Building Code), Health and Safety Code Section 17920 et seq, or other applicable law. B. Civil Remedies and Penalties. 1. Civil Penalties. Any person who violates the provisions of Title 18 or any permit issued in compliance with Title 18 shall be liable for a civil penalty for each day, or a portion of the day, that a violation(s) continues to exist in compliance with SCCC Section 1.05.070. 2. Costs and Damages. Any person violating any provisions of SCCC Title 18 or any permit issued in compliance with Title 18, shall be liable to the City for all of the costs incurred and the damages suffered by the City, its agents, and agencies as a direct result of the violation(s), including reasonable attorney fees and costs. 3. Procedure. In determining the amount of the civil penalty to impose, the Court should consider all relevant circumstances, including, but not limited to, the extent of the harm caused by the conduct constituting a violation(s), the nature and persistence of the conduct, the length of time over which the conduct occurred, the assets, liabilities, and net worth of the defendant, whether corporate or individual, and any corrective action taken by the defendant. C. Criminal Actions and Penalties. See SCCC Section 1.05.070.