§ 418-16.226. Administrative penalties.

(a)

Applicability and Authorization.

(1)

This section provides for administrative fines that the health officer may impose, enforce, and collect to address any violation of this chapter.

(2)

Remedies under this section are in addition to any other remedy allowed by this Code or applicable law.

(b)

Definitions. For purposes of this section, the following words and phrases have the following meanings:

(1)

"Effective date" means the date by which a violation must be corrected, as specified in a notice of violation.

(2)

"Hearing examiner" means the public health director.

(3)

"Service date" means the date a notice or decision is served in accordance with subsection (h).

(4)

"Responsible person" means a person who is determined by the health officer to have violated a provision of this chapter.

(c)

Administrative Fines.

(1)

Imposition. The health officer may impose an administrative fine on a responsible person if the violation has not been corrected in the time period specified in the notice of violation.

(2)

Notice of Fine. An administrative fine will be assessed by means of a notice of fine. The responsible person will be served with the notice of fine as specified in subsection (h). The notice of fine will include all of the following information:

(A)

The date of the violation.

(B)

The code section(s) violated and a description of the violation.

(C)

The amount of the fine.

(D)

An advisement of the right to request a hearing before the hearing examiner, contesting the imposition of the fine.

(3)

Continuing Violations. Acts, omissions, or conditions in violation of any section of this chapter that continue, exist or occur on more than one day constitute separate violations and offenses on each day. Violations continuing, existing, or occurring on the service date, the effective date, and each day between the service date and the effective date are separate violations.

(4)

Fine Amounts. The amount of the fine is one hundred dollars for a first violation, two hundred dollars for a second violation of the same provision of this chapter, and five hundred dollars for each additional violation of the same provision within one year.

(d)

Appeals.

(1)

Any person upon whom an administrative fine is imposed by the health officer may request a hearing pursuant to the procedures set forth in this subsection. The appellant must file a written appeal with the health officer within fifteen calendar days after the service date of the notice of fine. The written appeal must contain:

(A)

A brief statement explaining who the appealing party is and what interest the appealing party has in challenging the imposition of the fine; and

(B)

A brief statement of the material facts that the appellant claims supports his or her contention that no administrative fine should be imposed or that an administrative fine of a different amount is warranted.

(2)

Notice of the hearing will be served on the appellant as specified in subsection (h). The health officer will set the hearing no sooner than twenty days and no later than forty-five days following the service date of the notice of hearing.

(3)

An appeal of an administrative fine imposed for violations of this chapter will be heard by the hearing examiner.

(4)

At the hearing, the appellant will be given the opportunity to testify, and present written and oral evidence.

(5)

An appellant's failure to appear at the hearing shall constitute an abandonment of any defense the appellant may have to the administrative fine.

(6)

After considering the testimony and evidence submitted at the hearing, or after the appellant has failed to appear at the hearing, the hearing examiner will issue a written decision to uphold, modify, or cancel the administrative fine and will list in the decision the reason or reasons for that decision. The decision will be served as specified in subsection (h).

(e)

Final Administrative Order. The imposition of the administrative fine becomes a final administrative order at one of the following times:

(1)

On the date the notice of fine is served, if the responsible person fails to file a written appeal to the health officer within the time specified.

(2)

On the date the written decision by the hearing examiner is served, if the responsible person files a written appeal to the health officer within the time specified.

(f)

Payment of the Fine. The fine must be paid to the county within thirty days after the imposition of the administrative fine becomes a final administrative order. Payment of a fine under this article does not excuse or discharge any continuation or repeated occurrence of the violation that is the subject of the notice of fine. The payment of a fine does not bar the county from taking any other enforcement action regarding a violation that is not corrected.

(g)

Collection. If the fine is not paid within thirty days after the imposition of the fine becomes a final administrative order, the county may collect the fine, the county's collection costs, and interest. An administrative fine accrues interest at the same annual rate as any civil judgment, beginning on the twentieth day after the fine becomes a final administrative order. The county may collect by using any available legal means, including but not limited to the following:

(1)

The county may file a civil action. If a civil action is commenced, the county is entitled to recover all costs associated with the collection of the fine, including those costs set forth in Code of Civil Procedure Section 1033.5.

(2)

The county may take such other actions as are allowed for enforcement of a civil judgment as provided for pursuant to the Enforcement of Judgments Law, California Code of Civil Procedure Section 680.010 et seq.

(h)

Service. All notices or decisions required to be served by this section or Section 418-16.224 will be served by any of the methods specified below:

(1)

First Class Mail. First class mail will be addressed to the responsible person at the address for service of process for the responsible person or to the last address provided by the responsible party to the health officer. Service is deemed complete upon the deposit of the notice or decision, postage pre-paid, in the United States mail.

(2)

Personal Service. Personal service is deemed complete on the date the notice or decision is personally served on the violator.

(i)

Judicial Review. A final administrative order may be appealed to the superior court of the county in accordance with the provisions set forth in Government Code Section 53069.4.

(Ord. No. 2016-24, § IV, 12-20-16)