(A) The City Manager, charged with enforcing the provisions of the Oxnard City Code, or any provision thereof, may enter a food provider’s or person’s location within the City of Oxnard during operating hours and without notice, to request access to records for verification of procurement of EPS compliant foodware or EPS compliant products. If requested by the city, food provider or person shall provide records documenting procurement of compliant materials as stipulated by this article.
(B) It is unlawful for any food provider or person to impede, obstruct, interfere with, or otherwise not allow, the city to conduct an inspection of the location, or inspect, review, or copy records required to be maintained by a food provider or person under this article. It is also unlawful for a food provider or person to conceal, destroy, deface, or falsify any records or other documents required to be maintained under this article.
(C) It shall be unlawful for any food provider or person to fail to comply with this article.
(D) Any violation of this article or other ordinance discovered during an inspection shall constitute a separate offense.
(E) Each and every violation of the provisions of this article is hereby deemed unlawful and a public nuisance.
(F) Upon first violation of any provision of this article, the city shall issue a written notice of violation to the offending food provider or person. The notice of violation shall specify the violation(s), and a date by which the violation(s) must be ceased or abated. If, after the specified correction period, the violation is not ceased or abated, the city may issue a civil citation, assessing fines in accordance with Oxnard City Code section 1-10, which stipulates:
(1) A fine not exceeding $100 for a first violation of a code section or ordinance;
(2) A fine not exceeding $200 for a second violation of the same code section or ordinance within one year; and
(3) A fine not exceeding $500 for the third additional violation of the same code section or ordinance within one year.
(G) Any citation issued for a violation of this article shall give notice of the right to request an administrative hearing to challenge the validity of the citation and the time for requesting that hearing as provided for in Chapter 7, Article III of the Oxnard City Code.
(Ord. No. 3022)