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 12,20.020(B);
b. Section 12.20.020(D);
c. Section 12.20.040;
d. Section 12.20.050;
e. Section 12.20.060;
f. Section 12.20.070.
2. Notwithstanding any contrary provision of this code, each fifteen (15) minute period that a violation of the following code provisions occurs shall constitute a separate violation, and a separate administrative penalty may be imposed for each violation:
a. Section 12.20.020(A);
b. Section 12.20.020(C).
3. The administrative penalty for each violation of any provision of this chapter shall be one thousand dollars ($1,000.00). 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. If a person performing work under a contract between the person and the city violates any provision of this chapter, the city may deduct the amount of any administrative penalties imposed hereunder from any funds otherwise payable to the person under the contract.
5. 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. (Ord. 2005-082 § 1; Ord. 2002-004 § 8, 2002)