A. Unless otherwise expressly provided in this code, a violation of any provision of this code, or a failure to comply with any of the mandatory requirements of this code, or counseling, aiding or abetting a violation or failure to comply shall be punishable as an infraction or misdemeanor or an administrative citation pursuant to Bakersfield Municipal Code Section 1.40.020.

Any person or entity convicted of an infraction under this code where punishment is not otherwise provided in this code, shall be punished by a fine not exceeding fifty dollars for a first violation, one hundred dollars for a second violation within one year, and two hundred fifty dollars for each additional violation within one year.

Any person or entity convicted of a misdemeanor under this code where punishment is not otherwise provided in this code, shall be punished by a fine of not more than one thousand dollars or as specified by state law, or by imprisonment in the County Jail for a period not to exceed six months, or by both such fine and imprisonment.

Each such person or entity 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 any such person or entity and shall be punished accordingly.

B. In addition to the penalties provided in this section, any condition caused or permitted to exist in violation of any of the provisions of this code shall be deemed a public nuisance and may be, by the city, summarily abated as such, and each day such condition continues shall be deemed a new and separate offense. This code may also be enforced by injunction issued out of the superior court upon the suit of the city or the owner or occupant of any real property affected by such violation or prospective violation. This method of enforcement shall be cumulative and in no way affect the penal provisions hereof. As part of a civil action filed under this section, a court may assess a maximum civil penalty of one thousand dollars per violation for each day during which any person commits, continues, allows or maintains said violation(s).

C. The city of Bakersfield shall be entitled to restitution for all expenses incurred enforcing the provisions of this code against any person or entity in violation thereof. (Ord. 4893 § 1, 2017; Ord. 4836 § 1, 2016; Ord. 3439 § 1, 1992; prior code § 10.07.010)