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Abatement Penalty

San Diego Municipal Code § 12.0609
in effect
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§12.0609 Abatement Penalty (a) In addition to recovering the costs of abatement, the Director may also assess an Abatement Penalty against the Responsible Person for creating or maintaining a public nuisance. The penalty shall be assessed pursuant to the administrative procedures provided in this section. (b) Each and every day the public nuisance exists constitutes a separate and distinct violation. (c) An Abatement Penalty may be assessed irrespective of whether the Responsible Person abates the public nuisance within the Time Frame specified in the Notice and Order of Abatement. (d) An Abatement Penalty may be assessed by means of a Notice and Order of Abatement issued by the Director or affirmed by an Enforcement Hearing Officer. Abatement penalties may be recovered by assessment of a Code Enforcement Lien pursuant to Division 2 of Article 3 of Chapter I or by a subsequent legal action brought by the City Attorney. (e) Abatement penalties for causing or maintaining a public nuisance shall be assessed at a daily rate determined by the Director or Enforcement Hearing Officer pursuant to the criteria listed in section 12.0610 of this Division. The maximum rate shall be $10,000 per violation. The maximum amount of civil penalties shall not exceed $500,000 per parcel or structure in a calendar year for any related series of violations. These amounts shall be updated annually based on the Consumer Price Index for All Urban Consumers, for the San Diego area, published by the Bureau of Labor Statistics, and shall include an additional five percent administrative fee for associated cost recovery. (Added 2-26-2007 by O-19579 N.S.; effective 3-28-2007.) (Amended 3-22-2018 by O-20918 N.S.; effective 4-21-2018.) (Amended 6-15-2026 by O-22109 N.S.; effective 7-15-2026.) [Editors Note: Amendments as adopted by O-22109 N.S. will not apply within the Coastal Overlay Zone until the California Coastal Commission certifies it as a Local Coastal Program Amendment. Click the link to view the Strikeout Ordinance highlighting changes to prior language http://docs.sandiego.gov/municode_strikeout_ord/O-22109-SO.pdf ]
Source: City of San Diego Office of the City Clerk, San Diego Municipal Code and City Charter (docs.sandiego.gov PDFs)URL: https://docs.sandiego.gov/municode/MuniCodeChapter01/Ch01Art02Division06.pdf#page=5Fetched: 10/28/2026

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