A. If the director determines that a permit holder has failed to comply with any of the requirements of this chapter, the director shall issue a written notice of noncompliance and impose civil penalties in the amount established by resolution of the city council. The city attorney may bring a civil or criminal action to enforce any provision of this chapter.
B. Any permit holder assessed with a civil penalty pursuant to this section shall be required to pay a performance security deposit fee when submitting an application for a permit for a covered project within one year of the assessment of the civil penalty. The performance security deposit fee shall be in the amount established by resolution of the city council. The security deposit shall be paid at the same time the WMP is submitted.
C. The performance security deposit shall be released in full upon a showing that the permit holder has fully complied with the requirements of this chapter for the duration of the covered project. Any failure to comply with the requirements of this chapter, in whole or in part, is subject to imposition of civil penalties as provided in this section.
D. Civil penalties collected and security deposits forfeited pursuant to this chapter shall be used for the costs of administration of this chapter and programs to divert waste away from landfills.
E. Administrative Penalties. In addition to civil penalties as provided in this chapter, administrative penalties may be imposed pursuant to Chapter 1.28 of this code for a violation of any provision of this chapter. Imposition, enforcement, collection and administrative review of administrative penalties imposed shall be conducted pursuant to Chapter 1.28 of this code. (Ord. 2009-001 § 1)