§ 4.72.130. Enforcement.

Environmental Health shall have the authority to enforce this chapter as follows:

(1)

Environmental Health may require a water purveyor to discontinue water service to any facility wherein violations of this chapter exist.

(2)

Any person who violates any provision of this chapter, or bypasses or renders inoperative any backflow prevention assembly installed under the provisions of this chapter may, in addition to other penalties provided by law and this chapter, shall be subject to discontinuance of water service. Water service shall not again be reinstated until such violations have been corrected as determined by Environmental Health. Costs incurred by Environmental Health for inspections shall be paid by the facility owner at the rates set forth in San Mateo County Ordinance code section 5.64.070.

(3)

Pursuant to section 116820 of California Health and Safety Code, any person who violates any provision of Article 2 of Chapter 5 of Part 12 of Division 104 of the California Health and Safety Code, violates any order of Environmental Health pursuant to this article, or knowingly files a false statement or report required by Environmental Health pursuant to this article is guilty of a misdemeanor punishable by a fine not exceeding five hundred dollars ($500.00) or by imprisonment not exceeding 30 days in the county jail or by both such fine and imprisonment. Each day of a violation of any provision of Article 2 or of any order of Environmental Health beyond the time stated for compliance of the order shall be a separate offense.

(4)

Administrative Fines.

(a)

Violations. Upon a finding by Environmental Health that a person has violated any provision of this chapter, directive of Environmental Health made pursuant to this chapter, knowingly filed a false statement or report required pursuant to this chapter, or by bypassing or rendering inoperative any backflow prevention assembly installed under the provisions of this chapter, environmental health may issue an administrative order requiring that the violation be corrected and may issue an administrative fine of up to five hundred dollars ($500.00).

(b)

Separate Violations. Each day of a violation as described in subsection (a) shall constitute a separate violation.

(c)

Fine Procedures. Notice of the fine shall be served by certified mail with description of the violation and supporting facts. The notice shall contain an advertisement of the right to request a hearing before the Director of Environmental Health or his designee contesting the imposition of the fine.

(d)

Appeals. Appeals must be requested in writing, and shall provide facts disputing the violation. Appeals must be addressed to the Director of Environmental Health, and must be received within ten (10) days of the date appearing on the notice of the fine. The decision of the Director of Environmental Health shall be provided by certified mail. The decision will constitute a final administrative order with no additional administrative right of appeal.

(e)

Failure to Pay Fine. If said fine is not paid within thirty (30) days from the date appearing on the notice of the fine or the notice of determination from the Director of Environmental Health after the appeal hearing, the fine may be referred to a collection agency within or external to the County. In addition, any outstanding fines must be paid prior to the issuance or renewal of any registration or certification.

(Ord. No. 04643, § 1, 1-8-2013)