(A) Fines for violation of requirements of § 36.052, Grease interceptors, shall be as follows:
(1) Failure to have any drainage fixture within a commercial kitchen or restaurant kitchen connected to a grease interceptor or trap will result in fines of $100 for each day that a violation continues after the expiration of any correction period set forth in a compliance order.
(2) Failure to have a properly sized, properly installed, or properly functioning grease interceptor or trap installed to serve drainage fixtures in a commercial kitchen or restaurant kitchen will result in fines of $100 for each day that a violation continues after the expiration of any correction period set forth in a compliance order.
(B) Fines for violation of the requirements of § 36.032, Unlawful disposal, will result in fines of $100 for each day that a violation continues after the expiration of any correction period set forth in a compliance order.
(C) For any violation of CAWD regulations for which no other specific penalty is established, the fine imposed by an administrative citation for that violation shall be $50 for each day that a violation continues after the expiration of any correction period set forth in a compliance order.
(D) Fines for administrative citations shall be payable directly to CAWD and are due immediately upon service of the administrative citation. Such fines constitute a debt owed to CAWD.
(E) Payment of the fine associated with any administrative citation shall not excuse the violation, nor shall it bar other or further enforcement activity by CAWD.
(F) Any fine paid for an administrative citation shall be refunded if it is determined after a hearing under these procedures that the violation charged in the administrative citation did not exist or occur, and therefore that the administrative citation was dismissed.
(G) If payment of a fine is not received by CAWD within 30 days of its due date, the fine is overdue unless a timely hearing request including an application for a hardship waiver has been filed. If a hardship waiver application is denied, the fine is overdue unless the full amount is deposited within ten days of service of the written decision denying the hardship waiver, or within 30 days from the date of the administrative citation, whichever is later. If the hardship waiver is granted and the hearing office affirms the administrative citation the hearing officer shall set forth a payment schedule for the fine that shall specify the date on which the fine becomes overdue. In such case, the fine shall be overdue on that date, unless a timely appeal from the hearing officer’s determination is filed with CAWD. If any such appeal is dismissed, or if the decision of CAWD is to affirm the administrative citation, the fine shall be overdue ten days after service by CAWD of entry of judgment or of dismissal, or 20 days after the entry of judgment or of dismissal, whichever is first. A late penalty equal to 50% of the total fine shall be assessed for any overdue fine.
(H) (1) If the fine is overdue, and if the violation of CAWD regulations for which the fine was assessed occurred on or was a condition of real property, the outstanding fine and late penalty shall constitute a lien against that real property. The enforcement officer shall prepare and file with CAWD a report stating the amount due and owing.
(2) CAWD may record notice of this lien after a hearing before CAWD Board of Directors to consider any protest or objection to the lien. The enforcement officer shall serve notice of the hearing upon the owner of record of real property, based on the last equalized assessment roll or the supplemental roll, whichever is more current. The notice of hearing shall include the time, date, and place of hearing and the amount of the lien to be imposed and shall be served accordingly.
(3) If CAWD determines that the lien should be imposed, the CAWD General Manager may cause notice of the lien to be recorded by the County Recorder. Once recorded, the lien shall have the force and effect and priority of a judgment lien governed by Cal. Code of Civil Procedure § 697.340 and may be extended as provided in §§ 683.110 to 683.220, inclusive, of that Code.
(I) The remedies set forth in this section are not exclusive. CAWD may collect past due fines for administrative citations, and penalties for late fines, using small claims court or by any other legal remedy.
(Ord. 2024-03, passed 9-26-2024)