ORD 1734 - Laserfiche WebLink

Ordinance No. 1734 Page Twenty-four Sec. 89.501 Division V Provisions Severable The provisions of this article are severable. If any provision of this article or its application to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this article which can be given effect without the invalid provision or application. Sec. 89.601 Division VI Civil Penalties A. Notwithstanding anything to the contrary in Pleasanton Municipal Code Chapter 1.12, or as the same shall be later amended, any person, property owner, firm or corporation who intentionally or negligently violates any provision of this Article 89 of the Uniform Fire Code, 1994 Edition, or who fails to comply with any order issued thereunder, shall be liable for a civil penalty which shall be not less than five hundred dollars nor more than six thousand dollars per day for each violation, which shall be assessed and recovered in a civil action brought in the name of the people by the City Attorney. B. In any civil action brought to seek such civil penalties, and/or to obtain injunctive relief for violation of any provision of said Article 89 of he Uniform Fire Code, 1994 Edition, in which action the city prevails, the court shall determine and impose reasonable expenses, including attorneys' fees incurred by the city in the investigation and prosecution of the action. C. Such remedies are in addition to and do not supersede or limit any and all other remedies, civil or criminal. SECTION 4. If any section, subsection, sentence, clause, or phrase of this ordinance is for any mason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The Council hereby declares that it would have passed each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of this ordinance would be subsequently declared invalid or unconstitutional. SECTION 5. A summary of this ordinance shall be published once within fifteen (15) days after its adoption in "The Tri-Vailey Herald", a newspaper of general circulation published in the City of Pleasanton, and the complete ordinance shall be posted for fifteen (15) days in the City Clerk's office within fifteen (15) days after its adoption.