What factors does the Judge consider when sentencing a defendant for code violations?
In sentencing a defendant for code violations, the Judge considers a number of factors. These may include the nature of the violations, the severity of the violations, the length of time the violations have existed, the attempts made by the defendant to remedy the violations, the cost of repair of the violations, and whether the repairs have been completed. The Judge may also consider whether the premises are owner-occupied or rental property. The Judge may consider the defendant’s income, and if the premises are rental property, the number of units occupied, and the rent being collected. The Judge will consider the recommendation of the City prosecutor regarding the sentence, and may consider input from other interested parties, including neighbors. The ultimate sentence, however, is determined by the Judge.
