Notwithstanding any other provision of this chapter, each violation of the provisions of this chapter may be enforced alternatively as follows:
A. Infraction. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this chapter may be prosecuted for an infraction. Written citations for infractions may be issued by police officers or non-safety employees charged with inspection of overloads. Any person convicted of an infraction under the provisions of this chapter shall be punished either by fines as specified in the currently adopted Uniform Infraction Bail Schedule used by the Orange County Municipal Courts, or, where no fine is specified therein, by:
1. A fine not exceeding one hundred dollars for a first violation;
2. A fine not exceeding two hundred dollars for a second violations within one year; and
3. A fine not exceeding five hundred dollars for each additional violation within one year.
B. Misdemeanor. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this chapter may be prosecuted for a misdemeanor. Written citations for misdemeanors may be issued by police officers or by non-safety employees charged with inspection overload permits. Any person convicted of a misdemeanor under the provisions of this chapter shall be punished by a fine not exceeding one thousand dollars or by imprisonment for a term not exceeding six months, or by both such fine and imprisonment.
C. Civil action. The City Attorney, by and at the request of the City Council, may institute an action in any court of competent jurisdiction to restrain, enjoin or abate the condition(s) found to be in violation of the provisions of this chapter, as provided by law.
D. Administrative hearing. Upon a finding by the City Manager (or designee) that a civil violation of this chapter exists, the person(s) deemed responsible for said violation(s) may appeal such determination by providing a written request for a hearing within ten days of the notice of findings by the City. Said request for a hearing shall include the reasons why a hearing should be granted. For the purposes of this hearing, the City Manager (or his designee) shall be the Hearing Officer. If the City Manager or his designee denies the appeal, the applicant may appeal this decision to the City Council within thirty days of the decision. Upon receipt of a timely written request for appeal, the City Clerk shall set a hearing to occur within forty-five days before the Council. (Ord. 3180, § 1, 2013)