8.06.080 Enforcement and violation—penalty.
A. The Code Enforcement Official, (as delegated by the City Manager,) or his/her designee, has primary responsibility for enforcement of this Chapter.
B. If the Code Enforcement Official, or his/her designee, determines that a violation of this Chapter has occurred, he/she will issue a written warning notice to the operator of a store that a violation has occurred and that future violations will be subject to penalties.
C. Any store that violates or fails to comply with any of the requirements of this Chapter after a written warning notice has been issued for that violation shall be guilty of an infraction.
D. Violations of this ordinance shall be punishable as follows:
|
Number of Scanners/Registers | |||
|---|---|---|---|
Violations | 1-3 | 4-9 | 10 or more |
First |
Written Warning Notice | ||
Second | $135.00 | $200.00 | $220.00 |
Third | $185.00 | $250.00 | $270.00 |
Fourth | $270.00 | $400.00 | $440.00 |
Fifth |
Administrative Civil Penalty or Referral to DA | ||
E. A fine shall be imposed for each day a violation occurs or is allowed to continue.
F. Any store that receives a written warning notice or fine may request an administrative review of the accuracy of the determination or the propriety of any fine issued, by filing a written notice of appeal with the City Manager no later than 30 days after receipt of a written warning notice or fine, as applicable. The notice of appeal must include all facts supporting the appeal and any statements and evidence, including copies of all written documentation and a list of any witnesses, that the appellant wishes to be considered in connection with the appeal. The appeal will be heard by the City Manager. The City Manager will conduct a hearing concerning the appeal within 45 days from the date that the notice of appeal is filed, or on a later date if agreed upon by the appellant and the City Manager, and will give the appellant 10 days prior written notice of the date of the hearing. The City Manager will determine whether the violation(s) in the written warning notice and/or fine(s) are accurate. The City Manager may then sustain, rescind, or modify the written warning notice or fine(s), as applicable, by written decision. The City Manager waive any portion of the fine(s) in a manner consistent with the decision. The decision of the City Manager is final and effective on the date of service of the written decision, is not subject to further administrative review, and constitutes the final administrative decision. (Ord. 2014-2 § 2, 2014.)