(Amended by Ord. No. 187,416, Eff. 3/2/22.)
(a) The Board may levy monetary penalties in addition to or in lieu of suspension of an operating permit pursuant to Section 71.02 above. Monetary penalties may be levied on a per violation basis, or a per day basis, and may escalate on a first, second, or third or subsequent violation basis. Deficiencies in operations that endanger the public health, welfare, and/or safety shall receive the maximum penalties.
(b) The Board shall adopt by resolution a schedule of monetary penalties, a procedure for assessing monetary penalties for specific driver and/or Taxicab Operator violations, and an appeal procedure.
(c) Payment of a monetary penalty or the serving of a suspension shall constitute a waiver of the right to further appeal of any monetary penalty or suspension to the Board or Superior Court.
(d) Judicial review of an action by the Board levying such monetary penalty or of an action of the Board in denying an appeal, as provided for herein, shall be available only if a petition for a writ of mandate is filed in the Superior Court not later than the 90th day following the date upon which the decision of the Board becomes final, which shall be the expiration of the period during which reconsideration can be sought, provided that if reconsideration is sought, the decision is final for the purposes of this section on the date that reconsideration is rejected.
(e) The total monetary penalty payment is due by the date established by the Board as set forth in the Board Rules.
(f) A penalty of 10 percent of the amount of the payment shall be assessed on any payment assessed against a Taxicab Operator which has become delinquent. Failure to pay any delinquent payment on or before the last day of the fourth month following the date on which the payment first became delinquent will result in the assessment of a second penalty of 10 percent of the amount of the payment in addition to the amount of the payment and the 10 percent penalty first imposed.
(g) In addition to the penalties imposed above, failure to pay any payment required by ordinance or operating permit will result in the assessment of interest charges at the rate of 1-1/2 percent per month, or fraction thereof, on the amount of the payment, exclusive of penalties, from the date on which the payment first became delinquent until it is paid.