11-4-3030  Enforcement.
   (a)   The commissioner or the executive director of animal care and control is authorized to enforce the provisions of this article. The commissioner is authorized to adopt such rules and regulations as he or she may deem appropriate for the proper administration and enforcement of the provisions of this article.  Any such rules and regulations shall be published as provided in subsection 2-30-030(12) of this Code.
   (b)   Violation of the provisions of subsection (a) of Section 11-4-3020 of this article shall constitute a public nuisance that poses an imminent and substantial risk to the public health or safety or to the environment, as the term “imminent and substantial risk to the public health or safety or to the environment” is defined in Section 11-4-025(a)(1) of this Code. In addition to any fine or penalty set forth in this section, the commissioner is authorized to issue an emergency abatement order, including, but not limited to, an order for (i) the immediate surrender to an inspector or authorized agent of the commissioner, or (ii) the immediate destruction, in the presence of an inspector or authorized agent of the commissioner, of any live or viable regulated invasive species and any viable plant material from a regulated plant species.
      (2)   If the person to whom such order was issued under this subsection does not immediately comply with the requirements of such order as ordered by the commissioner, the commissioner may impound and hold such live or viable regulated invasive species and viable plant material from a regulated plant species (for purposes of this section, “impounded species and plant material”), at the owner's expense, until such time as any hearing and appeal, if any, on the order is concluded or disposed of by the department of administrative hearings or a court of competent jurisdiction.
      (3)   The person to whom such order is issued may demand a hearing as provided in subsection (b)(6) of Section 11-4-025 of this Code, and such hearing shall be conducted as provided in subsections (b)(7), (b)(8) and (b)(9) of section 11-4-025 of this Code.
      (4)   If no hearing is requested, or if the administrative law officer affirms the order of the commissioner after a hearing, the commissioner may destroy or otherwise dispose of the impounded species and plant material seven days after the expiration of the time period for requesting a hearing or seven days after the expiration of the time period for seeking judicial review of the decision of the administrative law officer.
      (5)   If the person to whom the order is issued timely seeks judicial review of the decision of the administrative law officer, or timely seeks appellate review in a court of competent jurisdiction, the impounded species and plant material shall not be destroyed or otherwise disposed of until seven days after the final disposition of the judicial review or appeal.
      (6)   Unless otherwise ordered by a court of competent jurisdiction, the commissioner is authorized to continue holding the impounded species and plant material pending any judicial review or appeal sought or filed by the City.
      (7)   The provisions of subsection (d) and (e) of Section 11-4-025 shall apply when the commissioner issues an emergency abatement order pursuant to this section.
      (8)   Nothing provided in this subsection shall be construed to prevent the commissioner from issuing an emergency or non-emergency cessation order in accordance with the provisions of Section 11-4-025 of this Code to any person who violates any of the provisions of this article.
      (9)   Nothing provided in this subsection shall make the city responsible for the death of any impounded species or plant material.
   (c)   (i)   Any owner or manager or licensee of a business who violates any provision of this article while importing, transporting, carrying, owning, keeping or otherwise possessing any live or viable regulated invasive species or viable plant material from a regulated plant species for profit-making purposes shall be fined not less than One Thousand Five Hundred and no/100 Dollars ($1,500.00) nor more than Three Thousand and no/100 Dollars ($3,000.00) for each offense.
      (ii)   Except as otherwise provided in subsection (c)(i) of this section, any person who violates any provision of this article shall be fined not less than One Hundred and no/100 Dollars ($100.00) nor more than Five Hundred and no/100 Dollars ($500.00) for each offense.
      (iii)   Each day that a violation continues shall constitute a separate and distinct offense.
   (d)   In addition to any other remedies, penalties or means of enforcement, the commissioner or the executive director of animal care and control may request the department of law to make application on behalf of the city to any court of competent jurisdiction for an injunction requiring compliance with this article or for such other order as the court may deem necessary or appropriate to secure such compliance.
(Added Coun. J. 5-9-07, p. 104624, § 1; Amend Coun.J. 9-5-07, p. 6584, § 1; Amend Coun. J. 7-6-11, p. 2827, § 1)