Violation of the terms, conditions and requirements of this chapter and any permit issued pursuant to this chapter by the permit holder shall subject the permit holder to the following actions and penalties:
A. Administrative Penalties. The director may issue an order imposing an administrative penalty to any person violating any provision of this chapter.
1. Notwithstanding any contrary provision of this code, each day a violation of the following code provisions occurs shall constitute a separate violation, and shall be subject to a separate penalty:
a. Section 12.12.020;
b. Section 12.12.070;
c. Section 12.20.080.
2. If applicable, additional administrative penalties may be assessed in accordance with the provisions of Chapter 12.20.
3. The administrative penalty for each violation of any provision of this chapter shall be seven hundred and fifty dollars ($750.00). Violations of a specific section of this chapter by the same person occurring during the same work but located in different blocks or located in the same block but occurring on different days or at different times on the same day shall constitute separate violations for which separate administrative penalty orders may be issued.
4. In addition to the aforementioned penalties, the city may withhold issuance of permits for encroachment or excavation in a city street (issued pursuant to Chapter 3.76 or Chapter 12.12 of this code) to any person receiving a final administrative penalty order for a violation of any specific provision of this chapter three times within a two-year period; the city may withhold issuance of permits for a period of not longer than two years after said administrative penalty orders are final. Multiple administrative penalty orders issued for continuing violations occurring on the same calendar day shall be considered one administrative penalty order for purposes of this section.
B. Imposition of the Administrative Penalties. The administrative penalty order shall be imposed in accordance with the provisions of Section 128.010 of this code, and shall contain the following:
1. The name and address of the violating party, if known;
2. The location, date and time of the violation;
3. A description of the act(s) or condition(s) violating this chapter;
4. The amount of the administrative penalty, with instructions for submitting payment to the city;
5. A statement indicating that the administrative penalty may be appealed, in accordance with the provisions of Section 1.28.010(D)(4) of this code, by filing a written notice of appeal with the city clerk no later than twenty (20) days after the order is issued to the violator;
6. A statement indicating that the order imposing the administrative penalty shall be final if it is not appealed within the time required;
7. A statement indicating that a party upon whom a final administrative penalty has been imposed may seek review of the order imposing the penalty pursuant to California Code of Civil Procedure Sections 1094.5 and 10946.
All other remedies available to the city including, but not limited to, criminal and civil proceedings. (Ord. 2009-022 § 2)