§ 98-243. Civil penalties.

(a)

In addition to any other remedies provided by this article, there is hereby imposed an administrative civil penalty of up to $5,000.00 for each violation of this article. Notice of any administrative civil penalty shall be served and proof of service shall be made in the same manner as provided in section 98-239. The notice shall provide that any administrative civil penalty imposed shall be administratively reviewed by a hearing officer before it is enforced. When violation of this article pertains to a continuing violation that does not create an immediate danger to health or safety, as determined by the administrator, the violator shall be provided with a reasonable time to correct or otherwise remedy the violation prior to imposition of the penalty. The administrator shall determine and notify the violator of the time within which the violator must correct or remedy the violation. The notice shall provide that an administrative civil penalty will be imposed if the continuing violation is not remedied or corrected within the time stated.

(b)

Enforcement of the administrative civil penalty imposed by the administrator shall be by written order issued by the hearing officer following notice and an opportunity for hearing. Procedures concerning notice, conduct of the hearing, and service shall be as provided in section 98-240. The order of the hearing officer concerning the administrative civil penalty shall be in writing resolving the essential issues raised and confirming, amending or rejecting the administrative civil penalty imposed by the administrator. In reaching a decision concerning any administrative civil penalty, the hearing officer shall be guided by factors including, but not limited to the following: the danger to public health, safety and welfare represented by the violation, recidivism, and any economic benefit associated with noncompliance.

(c)

The manner of contesting the final order of the hearing officer concerning any administrative civil penalty is governed by Government Code § 53069.4, or any successor provision thereto. Service of the notice of appeal authorized by Government Code § 53069.4 on the city shall be served upon the clerk of the council.

(Ord. No. 2004-08, § 1, 9-22-2004; Ord. No. 2018-001, § 22, 7-12-2018)