§ 1-304. CODE VIOLATIONS.

(a)

Except for violations of the City Charter or as otherwise specified in this Code, any person convicted of a misdemeanor under the provisions of this Code shall be punishable by a fine of not exceeding one thousand dollars ($1,000.00) or by imprisonment in the Fresno County jail for a period of not more than one year, or by both such fine and imprisonment.

(b)

Any person violating any of the provisions or failing to comply with any of the requirements of this Code shall be guilty of a misdemeanor unless:

(1)

Such Code provision makes violation thereof an infraction; or

(2)

The City Attorney files a complaint charging the offense as an infraction; or

(3)

The court, with the consent of the defendant, determines that the offense is an infraction, in which event the case shall proceed as if the defendant had been arraigned on an infraction complaint; or

(4)

The city, at its discretion, may issue an administrative citation and civil penalty in lieu of charging any violation of the Code as a misdemeanor or an infraction. The enforcement of those civil penalties shall be governed by the civil administrative citation procedures set forth in this article or as more specifically provided in other provisions of the Code.

(c)

Any person convicted of an infraction under the provisions of this Code herein shall be punishable by

(1)

a fine not exceeding one hundred dollars ($100.00) for a first violation;

(2)

a fine not exceeding two hundred dollars ($200.00) for a second violation of the same provision within one year of the date of the first violation;

(3)

a fine not exceeding five hundred dollars ($500.00) for each additional violation of the same provision within one year of the date of the violation.

Except as otherwise provided by law, all provisions of law or ordinance relating to misdemeanors shall apply to infractions.

(d)

Each person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Code is committed, continued, or permitted by such person and shall be punished accordingly.

(e)

In all cases where the same offense is made punishable or is created by different clauses or sections of this Code, the City Attorney may elect under which to proceed; but not more than one recovery shall be had against the same person for the same offense.

(f)

The City Attorney has discretion to institute the appropriate civil action to ensure compliance with the Fresno Municipal Code, including an action for a temporary restraining order, a preliminary or permanent injunction, a receivership, or an action to recover any damages incurred as a result of any Code violation.

The City Attorney may pursue the remedy of a receivership when the property is a parcel within the City of Fresno; the property has extensive and continuing violations of the Fresno Municipal Code, California Fire Code, California Building Code, California Health and Safety Code or extensive ongoing criminal activity; and the property's record owner has shown an unwillingness or inability to correct the violations.

(Added Ord. 98-63, § 2, eff. 10-1-98; Am. Ord. 2002-51, § 10, eff. 10-31-02; Am. Ord. 2007-55, § 4, eff. 9-4-07; Am. Ord. 2015-40, § 1, eff. 1-21-16).