A. The Director of Public Works has primary responsibility for enforcement of this Chapter. The Director of Public Works is authorized to promulgate regulations and to take any and all other actions reasonable and necessary to enforce this Chapter, including, but not limited to, investigating violations, issuing fines and entering the premises of any store during business hours.
B. If the Director of Public Works 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 the potential penalties that will apply for future violations.
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. If a store has subsequent violations of this Chapter that are similar in kind to the violation addressed in a written warning notice, the following penalties will be imposed and shall be payable by the operator of the store:
1. A fine not exceeding one hundred dollars ($100.00) for the first violation after the written warning notice is given;
2. A fine not exceeding two hundred dollars ($200.00) for the second violation after the written warning notice is given; or
3. A fine not exceeding five hundred dollars ($500.00) for the third and any subsequent violations after the written warning notice is given.
E. A fine shall be imposed for each day a violation occurs or is allowed to continue.
F. Any store operator who 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 Director of Public Works 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 Director of Public Works. The Director of Public Works 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 Director of Public Works, and will give the appellant 10 days prior written notice of the date of the hearing. The Director of Public Works may sustain, rescind, or modify the written warning notice or fine, as applicable, by written decision. The Director of Public Works will have the power to waive any portion of the fine in a manner consistent with the decision. The decision of the Director of Public Works 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. No. 2013-006 § 1)