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An Enforcement Officer may exercise all lawful authority to enter upon any real property <br />or premises to ascertain whether the provisions of this Code are being obeyed and to make any <br />examinations and surveys as may be necessary in the performance of his or her code <br />enforcement duties. Inspections may include and/or involve the taking of photographs, samples, <br />or other physical evidence and conferring with persons present. <br />ARTICLE 2. VIOLATIONS <br />1-12-200 CRIMINAL ENFORCEMENT OF CODE VIOLATIONS. <br /> (a) A violation of this Code may be prosecuted as a criminal offense. Unless <br />expressly described as an infraction, a violation of any provision of this Code, or failing to comply with any mandatory requirement hereof, shall constitute a misdemeanor. Notwithstanding the preceding sentence or any other section of this Code, a violation of this <br />Code may, in the discretion of the enforcing authority, be charged and prosecuted as an <br />infraction. <br /> (b) Any person convicted of a misdemeanor under the provisions of this Code, unless <br />provision is otherwise herein made, shall be punished by a fine of not more than One Thousand Dollars ($1,000.00) or by imprisonment in the County jail for a period of not more than six (6) <br />months or by both fine and imprisonment. <br /> (c) Any person convicted of an infraction under this Code shall be punished by a fine <br />of not more than One Hundred Dollars ($100.00) for a first violation, or a fine of not more than <br />Two Hundred Dollars ($200.00) for a second violation of the same Code section within one year. A third (or more) violation of the same code section by the same person within a twelve (12) <br />month period may be charged and prosecuted as a misdemeanor. <br /> (d) Upon entry of a second or subsequent conviction against the same responsible <br />party within a two (2) year period for a condition of real property constituting a public nuisance under this Chapter, the court may require the responsible party to pay to the City treble the cost of the abatement. Any costs awarded to the City may be enforced in the manner described in <br />Section 1-12-600, below. <br />1-12-210 CRIMINAL CITATION PROCEDURE. <br /> (a) If an Enforcement Officer arrests a person for a violation of this Code and elects to charge the violation as a misdemeanor or infraction, such Officer shall prepare in duplicate a written notice to appear, pursuant to Penal Code §948, containing the name and address of such <br />person, the offense(s) charged, and the time and place where and when such person shall appear <br />in court. The arresting Enforcement Officer shall deliver one copy of the notice to appear to the <br />violator and the violator, in order to secure release, must give his written promise to so appear in court by signing the duplicate notice which shall be retained by the Officer. The time specified in the notice to appear must be at least thirty (30) days after the date of the arrest. <br /> (b) In any matter where the City Attorney is charged with prosecuting the violation, <br />the arresting Enforcement Officer shall, as soon as practicable, send a duplicate notice to appear <br />to the City Attorney, who will process the citation with the Superior Court of Alameda County <br />(hereinafter, “the court”). In all other cases, the matter shall be referred directly to the District Attorney’s office for prosecution. Thereupon the clerk of the court shall fix the amount of bail <br />according to the City’s approved bail schedule. The defendant may, prior to the date upon which <br />154