Except as otherwise specified in this section or under the provisions of any state law, any person or entity who violates any provision of the uniform environmental health code shall be guilty of an infraction and upon conviction thereof shall be punished by a fine of not less than twenty five dollars ($25.00) but not exceeding one hundred dollars ($100.00) for a first conviction, a fine not exceeding two hundred dollars ($200.00) for any second conviction within the same year, and a fine not exceeding five hundred dollars ($500.00) for any third conviction within the same year. Any fourth or subsequent conviction within the same year shall be a misdemeanor and shall be punishable by a fine of not less than two hundred fifty dollars ($250.00) nor more than one thousand dollars ($1,000.00) or by imprisonment in the county jail for a term not exceeding six (6) months, or both, and such convicted person or entity may in the discretion of the court be adjudged, in addition to the above penalties, to be liable to DEHS for all necessary costs incurred in investigation, discovery, analysis, inspection, cleanup and other actual costs incurred by DEHS or its agents pertaining to the violation. As used in this section, the term "year" means any consecutive twelve (12) month period.
Each day or portion thereof during which a violation of the uniform environmental health code is committed or continued shall be considered a separate and distinct offense. The owner, manager and operator of every activity or facility subject to the provisions of the uniform environmental health code shall be responsible for any violation by any employee of any of its provisions. Payment of any penalty or serving any term of imprisonment as provided in this chapter shall not relieve any person or entity from the responsibility of correcting the condition constituting the violation.
In addition to criminal prosecution, civil action, and every other remedy or penalty provided by law, a public nuisance as defined in the uniform environmental health code may be abated or enjoined in an action brought by DEHS, or under circumstances immediately dangerous to public health or safety may be summarily abated by DEHS enforcement officers as provided in the uniform environmental health code or otherwise in the manner provided by law for the summary abatement of public nuisances. (Ord. 2013 § 1, 1988)