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On the date, time and place specified in the written order or notice to appear, the FAAB shall convene and conduct a public hearing and shall, upon evidence presented, determine whether a violation has occurred and what steps are necessary to correct the violation.
(Amended by Ord. No. 9965 (N.S.), effective 2-6-09; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
If the FAAB issues an order of abatement, any person who intentionally or negligently violates the order shall be liable for a civil penalty of up to $500 for each day in which a violation occurs. The civil penalties prescribed herein shall be assessed and recovered in a civil action brought in the name of the County of San Diego. In determining the amount to be assessed, the court shall consider the extent of harm caused by the violation, the length of time over which the violation occurs and corrective action, if any, taken by the ranch owner or operator.
(Amended by Ord. No. 9965 (N.S.), effective 2-6-09; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
Each notice or order given or made under this chapter shall be served upon the owner or operator of the commercial poultry ranch subject to the notice or order. If the Director is unable to personally serve the owner or operator, the Director shall post the notice or order in a conspicuous place on the ranch and serve the owner or operator by mail.
(Amended by Ord. No. 9965 (N.S.), effective 2-6-09; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
It shall be unlawful for an owner or operator of a commercial poultry ranch to:
(b) Fail to comply with the provisions of the approved proposal for the prevention and control of fly breeding on commercial poultry ranches.
(c) Restrain, hinder, obstruct or threaten any officer or employee of the Department of Environmental Health and Quality in the performance of that person's duties pursuant to this chapter.
(d) Fail to file a proposal for the prevention and control of fly breeding as required by section 64.312.
(e) Fail to comply with any final order of the FAAB.
(Amended by Ord. No. 9965 (N.S.), effective 2-6-09; amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)