A. Any person who is responsible for a second violation of CVMC 17.24.040 within one year (365 days) of the first violation at a place or premises, including residential or commercial property, under his or her control shall be liable for maintaining a public nuisance, as defined by State and/or local law. To be deemed a person responsible for repeated violations of CVMC 17.24.040, it is not necessary for the person to be found criminally liable for a violation of the section. In addition to other penalties allowed by State law or this Municipal Code, a person responsible for repeated violations of CVMC 17.24.040 may be subject to an administrative fine of $1,000 per incident. The administrative fine shall constitute a debt of the responsible person to the City and shall be payable to the City in the manner provided in Chapters 1.40 and 1.41 CVMC and other applicable law. If the responsible person is a minor, the parent or guardian of the minor shall be jointly and severally liable under this section.

B. Under the provisions of this section, a responsible person shall include a property owner of a residential or commercial property who has actual knowledge or who receives actual notice of a first violation of CVMC 17.24.040 committed by a tenant. A property owner who has actual knowledge or who receives actual notice of a first violation of CVMC 17.24.040 by a tenant shall take any and all reasonable steps to ensure that the property is not being maintained in a manner to constitute a public nuisance as defined by State and/or local law.

C. Where there occurs a repeated violation of CVMC 17.24.040 within one year (365 days) of a previous violation and the responsible party has been provided written notice of the previous violation, the responsible person shall be held liable for the cost of providing police services needed as a result of the second violation to control the threat to the public peace, health, safety, general welfare or quiet enjoyment of the property. The imposition of this liability for cost recovery shall be governed by the provisions of Government Code Section 38773, CVMC 1.41.140 and other applicable law. A repeated violation of CVMC 17.24.040 may also result in the arrest and/or citation of violators of the California Penal Code, this Municipal Code, or other applicable State or local law.

D. Nothing in this section shall be construed as affecting the ability to initiate or continue concurrent or subsequent criminal prosecution for any violation of the provisions of this Municipal Code or any State law arising out of the same circumstances necessitating the application of this section. (Ord. 3068 § 1, 2007).