(a) A person found to be in violation of any of the provisions of this chapter or any regulations authorized by this chapter shall be subject to the following penalties:
(1) An administrative fine of one hundred dollars ($100) for a first violation.
(2) An administrative fine of two hundred dollars ($200) for a second violation within one year of the first violation.
(3) An administrative fine of five hundred dollars ($500) for each additional violation within one year of the first violation.
(4) The city may prohibit a sidewalk vendor from operating in the city for one year upon the fourth violation or subsequent violations within one year of the first violation in addition to an administrative fine of five hundred dollars ($500).
(b) Failure to pay an administrative fine pursuant to subdivision (a) or (b) shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized in subdivision (a) and (b) shall not be assessed.
(c) When assessing an administrative fine pursuant to subdivision (a) and (b), the hearing officer shall take into consideration the person’s ability to pay the fine. The city shall provide the person with notice of his or her right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination. The person may request an ability-to-pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program.
(d) If the person meets the criteria described in subdivision (a) or (b) of California Government Code section 68632, the city shall accept, in full satisfaction, 20% of the administrative fine imposed pursuant to subdivisions (a) and (b).
(e) The hearing officer may allow the person to complete community service in lieu of paying the total administrative fine, may waive the administrative fine, or may offer an alternative disposition.
(Ord. 5610 § 3 (part), 2024)