The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.
(A) Violators who operate without the necessary tobacco retailer's permit shall be subject to closure of the tobacco retail facility.
(B) Whenever evidence of a violation of this chapter is obtained in part through the participation of a person under the age of 21 years old, such a person shall not be required to appear or give testimony in any civil or administrative process brought to enforce this chapter and the alleged violation shall be adjudicated based upon the sufficiency and persuasiveness of the evidence presented.
(C) Violations of this chapter are subject to a civil action brought by the district attorney or county counsel, punishable by:
(1) A fine not less than $250 and not exceeding $1,000 for a first violation in any 60-month period; or
(2) A fine not less than $1,500 and not exceeding $2,500 for a second violation in any 60-month period; or
(3) A fine not less than $3,000 and not exceeding $10,000 for a third or subsequent violation in any 60-month period.
(D) Violations of this chapter may, in the discretion of the district attorney or county counsel, be prosecuted as infractions or misdemeanors.
(E) Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter shall constitute a violation.
(F) Violations of this chapter are hereby declared to be public nuisances.
(G) In addition to other remedies provided by this chapter or by other law, any violation of this chapter may be remedied by a civil action brought by the county counsel, including, but not limited to, administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive relief.
(H) Administrative citations and penalties. In addition to the remedies and penalties contained in this chapter, and in accordance with Cal. Gov’t Code § 53069.4, an enforcement officer may issue an administrative citation for any violation of this chapter. The following procedures shall govern the imposition, enforcement, collection and administrative review of administrative citations and penalties.
(I) Content of citation. The administrative citation shall be issued on a form approved by county counsel and shall at a minimum contain the following information:
(1) Date, location and approximate time the violation was observed.
(2) The ordinance violated and a brief description of the violation.
(3) The amount of the administrative penalty imposed for the violation.
(4) Instructions for the payment of the penalty, and the time period by which it shall be paid and the consequences of failure to pay the penalty within this time period.
(5) Instructions on how to appeal the citation.
(6) The signature of the enforcement officer.
(7) The failure of the citation to set forth all required contents shall not affect the validity of the proceedings.
(J) Service of citation.
(1) If the proprietor, owner, employee, agent, occupant or other person who has violated the ordinance is present at the scene of the violation, the enforcement officer shall attempt to obtain their signature on the administrative citation and shall deliver a copy of the administrative citation to them.
(2) If the proprietor, owner, employee, agent, occupant or other person who has violated the ordinance is a business, and the business owner is on the premises, the enforcement officer shall attempt to deliver the administrative citation to them. If the enforcement officer is unable to serve the business owner on the premises, the administrative citation may be left with the manager or employee of the business. If left with the manager or employee of the business, a copy of the administrative citation shall also be mailed to the business owner by certified mail, return receipt requested.
(3) If no one can be located at the property, then the administrative citation shall be posted in a conspicuous place on or near the property and a copy mailed by certified mail, return receipt requested to the owner, occupant or other person who has violated the ordinance. The citation shall be mailed to the property address and/or the address listed for the owner on the last county equalized assessment roll.
(4) The failure of any interested person to receive the citation shall not affect the validity of the proceedings.
(K) Administrative penalties.
(1) The penalties assessed for each violation shall not exceed the following amounts:
(a) One hundred dollars for a first violation;
(b) Two hundred dollars for a second violation of this chapter within one year; and
(c) Five hundred dollars for each additional violation of this chapter within one year.
(2) If the violation is not corrected, additional administrative citations may be issued for the same violation. The amount of the penalty shall increase at the rate specified above.
(3) Payment of the penalty shall not excuse the failure to correct the violation nor shall it bar further enforcement action.
(4) The penalties assessed shall be payable to the County of Riverside.
(L) Administrative appeal.
(1) Notice of appeal. The recipient of an administrative citation may appeal the citation by filing a written notice of appeal with the department. The written notice of appeal must be filed within 20 days of the service of the administrative citation as set forth in § 5.68.090.H.2. of the Riverside County Code of Ordinances. Failure to file a written notice of appeal within this time period shall constitute a waiver of the right to appeal the administrative citation. The notice of appeal shall be submitted on the administrative citation appeal forms and shall be accompanied by payment of the full penalty assessment, and shall contain the following information:
(a) A brief statement setting forth the appellants interest in the proceedings;
(b) A brief statement of the material facts which the appellant claims supports their contention that no administrative penalty should be imposed or that an administrative penalty of a different amount is warranted;
(c) An address at which the appellant agrees notice of any additional proceeding or an order relating to the imposition of the administrative penalty may be received by mail.
(d) The notice of appeal must be signed by the appellant.
(2) Administrative hearing. Upon a timely written request by the recipient of the administrative citation, an administrative hearing shall be held as follows:
(a) Notice of hearing. Notice of the administrative hearing shall be given at least ten days before the hearing to the person requesting the hearing. The notice may be delivered to the person or may be mailed to the address listed in the notice of appeal.
(b) Hearing officer. The administrative hearing shall be held before the director of department of environmental health or their designee. The hearing officer shall not be the enforcement officer who issued the administrative citation or said enforcement officer's immediate supervisor. The director may contract with a qualified provider to conduct administrative hearings or to process administrative citations.
(c) Conduct of the hearing. The enforcement officer who issued the administrative citation shall not be required to, but may, participate in the administrative hearing. The contents of the enforcement officer's file in the case shall be admitted as prima facie evidence of the facts stated therein. The hearing officer shall not be limited by the technical rules of evidence. If the person requesting the appeal fails to appear at the administrative hearing, the hearing officer shall make his or her determination based on the information contained in the notice of appeal.
(d) Hearing officer's decision. The hearing officer, based upon the evidence submitted, shall either dismiss or uphold the citation. The citation recipient shall receive a refund of the full penalty assessment if the citation is dismissed. The hearing officer's decision following the administrative hearing shall be personally delivered to the person requesting the hearing or sent by first class mail. The hearing officer may allow payment of the administrative penalty in installments, if the person provides evidence satisfactory to the hearing officer of an inability to pay the penalty in full. The hearing officer's decision shall contain instructions for obtaining review of the decision by the superior court.
(M) Review of administrative hearing officer's decision.
(1) Notice of appeal. Within 20 days of the date of the delivery or mailing of the hearing officer's decision, a person may contest that decision by filing an appeal to be heard by the superior court. The failure to file the written appeal and to pay the court filing fee within this period shall constitute a waiver of the right to an appeal and the decision shall be deemed confirmed. A copy of the notice of appeal shall be served in person or by first class mail upon the issuing agency by the contestant.
(2) Conduct of hearing. The conduct of the appeal is a subordinate judicial duty and may be performed by traffic trial commissioners and other subordinate judicial officials at the direction of the presiding judge of the court. The appeal shall be heard de novo, except that the contents of the issuing agency's file in the case shall be received in evidence. A copy of the document or instrument of the issuing agency providing notice of the violation and imposition of the administrative penalty shall be admitted into evidence as prima facie evidence of the facts stated therein. The court shall request that the issuing agency's file on the case be forwarded to the court, to be received within 15 days of the request.
(3) Judgment. The court shall retain the court's filing fee regardless of the outcome of the appeal. If the court finds in favor of the contestant, the amount of the fine or penalty shall be reimbursed to the contestant by the local agency. Any deposit of the fine or penalty shall be refunded by the issuing agency in accordance with the judgment of the court. If the fine or penalty has not been deposited and the decision of the court is against the contestant, the issuing agency may proceed to collect the penalty pursuant to the procedures set forth in this chapter, or in any other manner provided by law.
(Ord. 1772, passed 2-16-22)