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File Number: 20-447 <br />(d) The payment of a penalty by or on behalf of any responsible party shall not relieve such party <br />from the responsibility of correcting, removing or abating the violation, nor prevent further proceedings <br />under this Chapter or any other lawful authority to achieve the enforced correction, removal or <br />abatement of the violation. <br />(e) A responsible party may appeal the imposition of any penalty or the amount of such penalty <br />by filing a request for hearing form in accordance with the provisions of Section 1-12-425 of this <br />Chapter. <br />(f) Each and every day during any portion of which any violation is committed, continued, or <br />permitted shall be deemed a separate and distinct violation. A penalty may continue to accrue on a <br />daily basis until the violation is corrected, up to a maximum amount of Five Thousand Dollars <br />($5,000.00). <br />(g) Administrative penalties shall not be assessed at more than five thousand dollars <br />($5,000.00) cumulatively per calendar year for a single-family home for any single violation which is <br />accruing due to failure to correct. <br />(g) (h)Any penalty is a debt owed to the City. In addition to all other means of enforcement, <br />any penalty may be enforced as a personal obligation of the responsible party. If the violation is in <br />connection with real property, any penalty may be enforced by imposition of a lien or special <br />assessment upon the real property. Any lien or special assessment imposed upon the real property <br />shall remain in effect until the penalty is paid in full. <br />SECTION 3. AMENDMENT TO THE SAN LEANDRO MUNICIPAL CODE <br />1. San Leandro Municipal Code Chapter 7-5-105 Chapter 1 Section 114.4 is hereby amended as <br />follows (with additions in italics and deletions in strikethrough): <br />“CHAPTER 7-5-105 ENFORCEMENT AND ABATEMENT PROCEDURES <br />CHAPTER 1. ADMINISTRATION. <br />SECTION 114. VIOLATIONS AND PENALTIES. <br />114.4 PENALTY. <br />Any person, firm or corporation violating any of the provisions of this Code shall be guilty of a <br />misdemeanor, and each such person shall be guilty of a separate offense for each and every day or <br />portion thereof during which any violation of any of the provisions of this Code is committed, continued <br />or permitted, and upon conviction of any such violation such person shall be punishable by a fine of not <br />more than $1,000 (one thousand dollars) or by imprisonment for not more than six months, or by both <br />such fine and imprisonment a fine in accordance with California Government Code section 36900. The <br />provisions of this Section are in addition to and independent of any other sanctions, penalties or costs <br />which are or may be imposed for a violation of any of the provisions of this Code. <br />SECTION 4. CEQA. Approval of the ordinance is exempt from further environmental review <br />under the general rule in California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) <br />that CEQA only applies to projects that have the potential for causing a significant effect on the <br />environment. As a series of text amendments and additions, it can be seen with certainty that there is <br />no possibility that this ordinance will have a significant effect on the environment. <br />SECTION 5. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, <br />clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason <br />held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or <br />enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or <br />Page 3 City of San Leandro Printed on 10/28/2020 <br />110