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Firebaugh City Zoning Code

§ 25-41.13.8

Penalties and Enforcement.

The following remedies shall apply for violations of this § 25-41.13:
a. 
Violations for conduct that is not otherwise considered lawful under state law shall be considered misdemeanors and are punishable in accordance with § 1-5.1 of the Municipal Code. Each and every day, or portion thereof, that a violation exists is a separate offense. Persons found in violation of the six-plant limit set forth in § 25-41.13.3a will be subject to prosecution for a misdemeanor violation, punishable by a fine of $1,000 per plant for each plant over the limit and forfeiture of all plants in excess of the six-plant limit. Should a court of competent jurisdiction subsequently determine that the criminal penalty provision renders this § 25-41.13 unlawful, the City intends that the misdemeanor provision be severable from the remaining penalty provisions and the City will only pursue noncriminal remedies for violations of this § 25-41.13.
b. 
The City may also pursue all applicable civil and administrative remedies, including but not limited to injunctive relief and administrative citations.
1. 
Any use or condition caused or permitted to exist in violation of any of the provisions of this § 25-41.13 shall be and is hereby declared a public nuisance and may be summarily abated by the City pursuant to the City of Firebaugh Municipal Code.
2. 
The violation of any provision of this § 25-41.13 shall be and is hereby declared to be contrary to the public interest and shall, at the discretion of City, create a cause of action for injunctive relief.
c. 
Any person who violates the provisions of this § 25-41.13 may be subject to an administrative fine of up to $1,000 for each violation and for each day the violation continues to persist.
d. 
All remedies set forth in this section are not exclusive and the exercise of any remedy does not preclude the exercise of any other remedy that may now or subsequently exist in law or in equity or by statute or otherwise.