A. In addition to any other remedy allowed by law, any person who violates a provision of this chapter is subject to criminal sanctions, civil actions, and administrative penalties pursuant to chapter 1.28.
B. Notwithstanding the provisions of section 1.28.010.D.3, the amount of an administrative penalty for a violation of this chapter is:
1. $1,000 for the first violation;
2. $2,500 for the second violation within one year of the first violation; and
3. $5,000 for each additional violation within one year of the first violation.
For purposes of establishing the amount of the appeal fee in accordance with section 1.28.010.D.4.b, an administrative penalty imposed for a violation of this chapter is a Level B violation, regardless of the amount of the penalty.
C. Any host who violates section 8.48.170 is liable for the response costs relating to the violation. All hosts who violate section 8.48.170 in the same incident are jointly and severally liable for the response costs relating to the violation. The amount of response costs constitutes a debt owed to the city.
1. Notice of the response costs shall be served by first-class mail on the hosts liable for such costs. The notice shall contain the following information:
a. The name of the host who is liable for the response costs;
b. The address of the private property where the incident occurred;
c. The date and time of the response;
d. The law enforcement, fire, or other emergency response personnel who responded; and
e. An itemized list of the response costs.
2. Payment for response costs shall be remitted to the city of Sacramento within 30 calendar days of the date of the notice. The payment of any such costs shall be stayed upon the filing of a timely appeal.
3. A host charged with response costs may, within 10 calendar days of the date of the notice of response costs, appeal the response costs in accordance with section 8.04.170. The appeal hearing shall be scheduled and conducted in the manner prescribed in chapter 8.04. Failure to timely file an appeal constitutes a failure to exhaust available administrative remedies, and bars any further review or administrative appeal of the response costs.
D. Violations of this chapter are hereby declared to be a public nuisance.
E. Any person who violates a provision of this chapter is liable for civil penalties of not less than $250 or more than $25,000 for each day the violation continues.
F. All remedies prescribed under this chapter are cumulative and the election of one or more remedies does not bar the city from the pursuit of any other remedy to enforce this chapter. (Ord. 2021-0019 § 10)