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3. Abatement Costs include those incurred in removing, correcting, or terminating the adverse effect(s) of a violation;
4. Compensatory damages for loss or destruction of City property. Costs and damages under this subsection shall be paid to the City and shall be used exclusively for costs associated with enforcing this Article.
8.16.370 – Criminal Actions
Any person violating any of the provisions of this Article shall be guilty of an infraction with fines pursuant to Government Code section 36900. Each day such violation is committed or permitted to continue constitutes a separate offense and is punishable as such. A person’s third violation of this Article in any 12-month period shall be punishable as a misdemeanor unless the prosecutor determines the interests of justice are served by prosecuting it as an infraction.
8.16.380 – Non-Exclusive Remedies
Every remedy available for the enforcement of this Article shall be non-exclusive, and it shall be within the discretion of the City to seek cumulative remedies. Moreover, the remedies available to the City pursuant to this Article shall not limit the right of the City to seek any other remedy that may be available at law or in equity.
8.16.390 – Authority to Promulgate Reasonable Rules and Regulations The City Manager is authorized to adopt reasonable rules, regulations, and procedures consistent with this Article to enforce, interpret, and carry out this Article. Such rules, regulations and procedures may vary between different areas within the City.
8.16.400 – No Duty to Enforce
Nothing in this Article shall be construed as imposing on a Public Official or the City any duty to issue a Notice to Abate, nor to abate any Hazardous Vegetation or Combustible Material within a Parcel’s Defensible Space, nor to take any other action with regard to any unlawful Hazardous Vegetation, Combustible Material, Defensible Space, Fuel Modification Area, burning, or fireworks. Neither a Public Official nor the City shall be held liable for failure to issue a Notice to Abate any unlawful Hazardous Vegetation, Combustible Material, Defensible Space, or Fuel Modification Area, nor for failure to abate any unlawful Hazardous Vegetation, Combustible Material, Defensible Space, or Fuel Modification Area, nor for failure to take any other action with regard to
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any unlawful Hazardous Vegetation, Combustible Material, Defensible Space, Fuel Modification Area, burning, or fireworks.
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