§ 4.116.130. Stewardship plans—Enforcement and penalties.

(a)

The Director shall administer the penalty provisions of this chapter.

(b)

If the Director makes findings and determines that any person has violated this chapter or a regulation adopted pursuant to this chapter, the Director shall send a written warning, as well as a copy of this chapter and any regulations adopted pursuant to this chapter, to the person or persons who violated it. The person or persons shall have 30 days after receipt of the warning to come into compliance and correct all violations.

(c)

If the person or persons fail to come into compliance or correct all violations, the Director may impose administrative fines for violations of this chapter or of any regulation adopted pursuant to this chapter.

(1)

Upon findings made under subsection (b), the person or persons shall be subject to an administrative fine as follows:

(A)

A fine not exceeding one hundred dollars ($100.00) for a first violation;

(B)

A fine not exceeding two hundred dollars ($200.00) for a second violation;

(C)

A fine not exceeding five hundred dollars ($500.00) for the third violation and each subsequent violation.

(2)

Each day a violation continues constitutes a separate violation.

(3)

Fine Procedures. Notice of the fine shall be served on the person or persons. The notice shall contain an advisement of the right to request a hearing before the Director of the Environmental Health Division or his or her designee contesting the imposition of the fine. Said hearing must be requested within ten days of the date appearing on the notice of the fine. The decision of the Director of the Environmental Health Division shall be based upon a finding that the above listed ground for a contest has been met and shall be a final administrative order, with no administrative right of appeal.

(4)

Failure to Pay Fine. If said fine is not paid within 30 days from the date appearing on the notice of the fine or of the notice of determination of the Director of the Environmental Health Division or his or her designee after the hearing, the Director may use any lawful means for collecting the fine, including instituting an action in any court of proper jurisdiction.

(d)

The County, a producer, group of producers, a stewardship organization, a group of stewardship organizations, any organization with tax exempt status under 26 United States Code Section 501(c)(3) or 501(c)(4) and with a primary mission of protecting the environment in the San Francisco Bay Area, or a combination thereof may bring a civil action to enjoin violations of or compel compliance with any requirement of this chapter or any rule or regulation adopted pursuant to this chapter, as well as for payment of civil penalties and any other appropriate remedy. The court shall award reasonable attorney's fees and costs to the County, producer, group of producers, stewardship organization, group of stewardship organizations, organization with tax exempt status under 26 United States Code Section 501(c)(3) or 501(c)(4) and with a primary mission of protecting the environment in the San Francisco Bay Area, or a combination thereof that is the prevailing party in a civil action brought under this subsection (d). A producer, group of producers, stewardship organization, group of stewardship organizations, organization with tax exempt status under 26 United States Code Section 501(c)(3) or 501(c)(4) and with a primary mission of protecting the environment in the San Francisco Bay Area, or a combination thereof may institute a civil action under this subsection (d) only if:

(1)

The producer, group of producers, stewardship organization, group of stewardship organizations, organization with tax exempt status under 26 United States Code Section 501(c)(3) or 501(c)(4) and with a primary mission of protecting the environment in the San Francisco Bay Area, or a combination thereof has filed a complaint with the Director;

(2)

90 days have passed since the filing of the Complaint;

(3)

After such 90-day period has passed, the producer, group of producers, stewardship organization, group of stewardship organizations, organization with tax exempt status under 26 United States Code Section 501(c)(3) or 501(c)(4) and with a primary mission of protecting the environment in the San Francisco Bay Area, or a combination thereof provides 30-day written notice to the Director and the County Counsel's Office of its intent to initiate civil proceedings; and

(4)

The County has not provided notice to the producer, group of producers, stewardship organization, group of stewardship organizations, organization with tax exempt status under 26 United States Code Section 501(c)(3) or 501(c)(4) and with a primary mission of protecting the environment in the San Francisco Bay Area, or a combination thereof of the County's intent to initiate civil proceedings by the end of the 30-day period.

(e)

Any person who knowingly and willfully violates the requirements of this chapter or any rule or regulation adopted pursuant to this chapter is guilty of a misdemeanor and upon conviction thereof is punishable by a fine of not less than fifty dollars ($50.00) and not more than five hundred dollars ($500.00) for each day per violation, or by imprisonment in the County Jail for a period not to exceed six months, or by both such fine and imprisonment.

(f)

Any person in violation of this chapter or any rule or regulation adopted pursuant to this chapter shall be liable to the County for a civil penalty in an amount not to exceed one thousand dollars ($1,000.00) per day per violation. Each day in which the violation continues shall constitute a separate violation. Civil penalties shall not be assessed pursuant to this subsection (f) for the same violations for which the Director assessed an administrative penalty pursuant to subsection (c) of this Section 4.116.130.

(g)

In determining the appropriate penalties, the court or the Director shall consider the extent of harm caused by the violation, the nature and persistence of the violation, the frequency of past violations, any action taken to mitigate the violation, and the financial burden to the violator.

(h)

No criminal, civil or administrative action under this Section 4.116.130 may be brought more than four years after the date of the alleged violation.

(Ord. No. 04736, § 2, 4-28-2015)