8.25.105 Violations and penalty.
A. It shall be unlawful for any individual or Entity to violate any provision or fail to comply with the requirements of this chapter or any regulation adopted hereunder. Each day that a violation continues is deemed to be a new and separate offense. Any section of this chapter may be enforced by the City, or, if agreed to, by another Enforcement Agency designated by the City.
B. Violations of any provisions of this chapter, unless otherwise specified, shall constitute an infraction and shall be subject to Enforcement Action pursuant to CVMC Title 1.
C. Scavenging in violation of CVMC 8.24.200 or 8.25.080 or Section 41950 of the Government Code may be charged as a misdemeanor punishable by a fine not to exceed $1,000 or imprisonment for a period not to exceed six months or both, or as otherwise provided by law.
D. Any condition caused or allowed to exist in violation of any of the provisions of this chapter or any regulation adopted hereunder is a public Nuisance. Such violation may be abated by the City, or by the City Attorney on behalf of the people of the State, as a Nuisance in any manner provided for by this code, including summary abatement, or otherwise provided by law or equity, including a restraining order, injunction, or any other order or judgment in law or equity issued by a court of competent jurisdiction. The City, or the City Attorney on behalf of the People of the State of California, may seek injunctive relief to enjoin violations of, or to compel compliance with, this chapter or seek any other relief or remedy available at law or equity, including the imposition of monetary civil penalties. All expenses incurred by the City in connection with any action to abate a public Nuisance will be chargeable as authorized by law to the individuals or Entities creating, causing, committing, or maintaining the public Nuisance.
E. An Enforcement Agent may issue an administrative penalty for violation of any of the provisions of this chapter or any regulation adopted hereunder in amounts that shall not exceed the following:
1. For a first violation, the amount of the base penalty shall be $50.00 to $100.00 per violation.
2. For a second violation, the amount of the base penalty shall be $100.00 to $200.00 per violation.
3. For a third or subsequent violation, the amount of the base penalty shall be $250.00 to $500.00 per violation of the same provision within a 12-month period. This remedy is not exclusive and is in addition to any other remedy or penalty provided by law.
F. The maximum penalties described in subsection (E) of this section shall be increased automatically if the maximum penalties established in 14 CCR Section 18997.2 are amended.
G. Each criminal citation and administrative penalty issued for a violation of any provision of this chapter may be issued, levied, or assessed against the Generator, Authorized Collector account holder, and any other individual or Entity, including the owners or occupants of premises or properties within the City, that caused, created, committed, or maintained the violation.
H. An individual or Entity issued an administrative penalty may appeal such penalty within 10 calendar days from the date the penalty is issued. The appeal shall be in writing and filed with the City Clerk upon forms provided by the City. The appeal shall specify therein that the penalty was issued in error and identify facts and circumstances on which the claim of error is based. The City Manager shall set the matter for hearing before a hearing officer and notify the parties of the date and location of the hearing at least 10 business days prior to such date. The scope of the appeal hearing shall be limited to whether the penalty was issued in error. The fee to request an appeal of the penalty shall be in the form of a deposit, the amount to be determined by the City Manager based on the anticipated cost to conduct the hearing and in accordance with any applicable law. If the cost of the hearing or appeal exceeds the deposited amount, the requesting party shall be responsible for payment of the additional costs incurred. If the hearing officer determines that the penalty is not supported by the evidence, the entire deposited amount will be returned to the party that requested the appeal. The appeal hearing shall be conducted in accordance with regulations promulgated by the City Manager. The hearing officer’s determination shall be final.
I. Nothing in this section shall be construed as preventing the City from revoking, suspending, or denying a permit, registration, license, or other authorization consistent with local requirements in addition to the imposition of penalties authorized under this section.
J. The remedies specified in this section are cumulative and in addition to any other remedies available under State or local law for violation of this chapter. (Ord. 3523 § 2, 2022).