8.48.180 Violation-Penalty.
A. In addition to any other remedy allowed by law, any person who violates a provision of this chapter is subject to criminal sanctions, civil actions, and administrative penalties pursuant to Chapter 1.28.
B. Notwithstanding the provisions of section 1.28.010.D.3, the amount of an administrative penalty for a violation of this chapter is as follows:
1. $10,000 for a violation of section 8.48.154.
2. For all violations of this chapter other than section 8.48.154, the amount of the administrative penalty is:
a. $1,000 for the first violation;
b. $2,500 for the second violation within one year of the first violation;
c. $5,000 for each additional violation within one year of the first violation; and
d. $10,000 for each violation at a park, parkway, school, or critical infrastructure.
For purposes of establishing the amount of the appeal fee in accordance with section 1.28.010.D.4.b, an administrative penalty imposed for a violation of this chapter is a Level B violation, regardless of the amount of the penalty.
C. Any host who violates section 8.48.170 is liable for the response costs relating to the violation. All hosts who violate section 8.48.170 in the same incident are jointly and severally liable for the response costs relating to the violation. The amount of response costs constitutes a debt owed to the city.
1. Notice of the response costs shall be served by first-class mail on the hosts liable for such costs. The notice shall contain the following information:
a. The name of the host who is liable for the response costs;
b. The address of the public or private property where the incident occurred;
c. The date and time of the response;
d. The law enforcement, fire, park ranger, or other emergency response personnel who responded; and
e. An itemized list of the response costs.
2. Payment for response costs shall be remitted to the city of Sacramento within 30 calendar days of the date of the notice.
3. The failure of any person to timely pay either the response costs or the assessed administrative penalties constitutes a debt to the city and may result in the matter being referred to the city's department of finance, which may file a small claim in court or, in the alternative, utilize any means within its power to collect the amount owed. The city may pursue other legal remedies to collect the administrative penalties.
4. Any person who fails to pay the city any response costs or administrative penalty imposed, pursuant to this chapter, on or before the date such costs or penalty are due, shall also be liable in any action brought by the city for all costs incurred in securing payment of the delinquent amount, including administrative costs and attorney's fees. Such collection costs are in addition to any required fees, penalties, interest, and later charges.
5. Notwithstanding all the procedures set forth in this section, the police chief shall have the ability and discretion to enforce violations of this chapter, to impose necessary conditions, to forgive portions of a debt or penalty owed to the city under this chapter, and to coordinate collection and enforcement with the department of finance.
D. Violations of this chapter are hereby declared to be a public nuisance.
E. Any person who violates a provision of this chapter is liable for civil penalties of not less than $250 or more than $25,000 for each day the violation continues.
F. Any person who violates a provision of this chapter is guilty of a misdemeanor.
G. All remedies prescribed under this chapter are cumulative and the election of one or more remedies does not bar the city from the pursuit of any other remedy to enforce this chapter. (Ord. 2025-0014 § 16; Ord. 2021-0019 § 10)
