HomeMy WebLinkAboutORD 231ORDINANCE NO. 231
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PALM DESERT, CALIFORNIA, AMENDING
SECTIONS 1.12.030, 1.12.040, 20.01.020
and 25.96.040 OF THE CODE OF THE CITY OF
PALM DESERT, CALIFORNIA.
The City Council of the City of Palm Desert,
California, DOES HEREBY ORDAIN as follows:
SECTION 1: That Section 1.12.030 of the Code of
the City of Palm Desert, California, be and the same is
hereby amended to read as follows:
"1.12.030 Infraction --Penalty. Except in cases
where a different penalty is prescribed by any ordinance of
the city, any person convicted of an infraction for violation
of an ordinance of the city is punishable by a fine not
exceeding fifty dollars for a first violation; a fine not
exceeding one hundred dollars for a second violation of the
same ordinance within one year; and a fine not exceeding two
hundred fifty dollars for each additional violation of the
same ordinance within one year."
SECTION 2: That Section 1.12.040 of the Code of
the City of Palm Desert, California, be and the same is
hereby amended to read as follows:
"1.12.040 Separate offense each day. Except in
cases where a different penalty is prescribed by any ordinance
of the city, each person is guilty of a separate offense for
each and every day during any portion of which any violation
of any provision of the ordinances of the city is committed,
continued, or permitted by any such person, and he shall be
punishable accordingly."
SECTION 3: That Section 20.01.020 of the Code of
the City of Palm Desert, California, is hereby amended to
read as follows:
"20.01.020 Violation--Penaltv.
A. Any person who violates any of the provisions
of the code adopted by Section 20.01.010, or who fails to
comply therewith, or who violates or fails to comply with any
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order made thereunder, or who builds in violation of any
detailed statement of specifications, or plans submitted and
approved thereunder, or any certificate or permit issued
thereunder, and from which no appeal has been taken, or who
fails to comply with such an order as affirmed or modified
by the city council of the city or by a court of competent
jurisdiction, within the time fixed herein, shall be guilty
of an infraction for the first instance of any such violation,
and shall be guilty of a misdemeanor for a second or any
subsequent violation of the same provision of this ordinance.
B. Continuing violation: Misdemeanor. Each
person is guilty of a separate misdemeanor offense for each
day or portion thereof during which any violation of the
provisions of this ordinance is continued or permitted to
continue.
C. Penalties. Any person found guilty of an
infraction shall be subject to a fine as established from
time to time by the city. Any person convicted of a mis-
demeanor under the provisions of this ordinance shall be
punished pursuant to Section 1.12.020 of this code.
D. The application of the above penalties shall
not be held to prevent the enforced removal of prohibited
conditions."
SECTION 4: That Section 25.96.040 of the Code of
the City of Palm Desert, California, be and the same is
hereby amended to read as follows:
"25.96.040 Violation --Penalty.
A. Violation -Infraction. Any person, firm or
corporation, whether as principal, agent, employee or other-
wise, violating any provisions of this title or any condi-
tional use permit, variance or adjustment granted under this
title, is guilty of an infraction for the first instance of
any such violation, and shall be guilty of a misdemeanor for
a second or any subsequent violation of the same provision
of this ordinance, or of any order or regulation made hereunder.
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B. Continuing violation: Misdemeanor. Such
person, firm, or corporation is deemed guilty of a separate
offense for each and every day during any portion of which
any violation of this title is committed, continued or
permitted by such person, firm or corporation, and shall be
punishable as provided in the following section.
C. Penalties. Any person, firm or corporation
found guilty of an infraction shall be subject to a fine.
Any person, firm or corporation convicted of a misdemeanor
under the provisions of this ordinance shall be punishable
pursuant to the provisions of Section 1.12.020 of this
code."
SECTION 5: The City Clerk shall certify to the
passage and adoption of this ordinance and shall cause the
same to be published once in the Palm Desert Post, a newspaper
of general circulation printed, published and circulated
within the City of Palm Desert and the same shall be in full
force and effect thirty (30) days after its adoption.
PASSED, APPROVED and ADOPTED by the City Council
of the City of Palm Desert, California, this 23rd day of
October , 1980, by the following vote:
AYES: McPherson, Newbrander, Puluqi, Snyder & Wilson
NOES: None
ABSENT:None
ATTEST:
S . RO ILSOX, Mayor
City �alm Desert, California
SHEILA R. GI'LLIGAN, ity Clerk
City of Palm Desert, California
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