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In addition to penalties provided in State law, the following criminal, civil and administrative civil penalties apply to violations of this Chapter.
(a) Penalty for Misdemeanor. Unless otherwise specified by this Chapter, a misdemeanor is punishable by a fine not exceeding one thousand dollars ($1000), imprisonment for a term not exceeding six (6) months, or by both such fine and imprisonment.
(b) Administrative Civil Penalties. In addition to any other remedies provided by County Code or state law, any person who violates any provision of this Chapter, including the state laws and regulations incorporated in this Chapter, shall be liable for an administrative civil penalty to be imposed by the Director. The amount of the penalty shall not be more than five thousand dollars ($5000) for each day of violation. Any person who knowingly violates any provision of this Chapter, after reasonable notice of the violation, is liable for an administrative civil penalty of not more than ten thousand dollars ($10,000) for each day of violation. Where the violation would otherwise be an infraction, the amount of the administrative civil penalty shall not exceed the maximum fine or penalty amounts of infractions set forth in subsection (b) above.
(c) Penalty Factors. In determining the civil, criminal and administrative civil penalties imposed pursuant to this Chapter, all relevant circumstances shall be considered, including but not limited to, the extent of harm or potential harm caused by the violation, the nature of the violation and the period of time over which it occurred, if any, taken by the violator.
(d) Separate Remedies. Each civil, criminal or administrative civil penalty imposed pursuant to this Chapter for any separate violation shall be separate, and in addition to, any other provision of law and does not supersede or limit any and all other legal remedies and penalties, civil, administrative or criminal which may be applicable under other laws.
(Added by Ord. No. 9293 (N.S.), effective 1-12-01; amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
(a) Notice of Penalty and Opportunity for Hearing. Notice of any administrative civil penalty shall set forth the alleged acts or failures to act that constitute a basis for liability and the amount of the proposed administrative civil penalty. The notice of administrative civil penalty shall be served by personal service or certified mail and shall inform the party so served that the administrative civil penalty imposed shall be administratively reviewed by the Hearing Authority before it is enforced if a request for hearing is timely filed. The notice shall also specify the procedure for requesting a hearing before the Hearing Authority.
(b) Administrative Review. If a party desires administrative review of the administrative civil penalty imposed by the Director, it shall request a hearing by timely filing a written request pursuant to the provisions of Section 68.1017 of this Chapter. A hearing shall be conducted by the Hearing Authority pursuant to Section 68.1017 of this Chapter unless the party has waived the right to a hearing or has entered into a settlement agreement with the Director. A party waives the right to a hearing by so stating in writing or by failure to file with the Director a written request for hearing within fifteen (15) days after service of the notice of opportunity for hearing.
(c) Effective Date. Where the party has waived the right to a hearing or where the party has entered into a settlement agreement, the administrative civil penalty shall not be subject to review by any court, the Hearing Authority or any other agency and shall be effective 15 days after notice of the penalty is served. Where a hearing has been held, the penalty shall be effective 20 days after the decision of the Hearing Authority becomes final.
(d) Judicial Review. The manner of contesting the final order of the Hearing Authority concerning any administrative civil penalty is governed by Government Code Section 53069.4, or any successor provision thereto. Service of the notice of appeal authorized by Government Code Section 53069.4 upon the County of San Diego shall be by service upon the Clerk of the Board of Supervisors.
(e) Collection. Payment of the penalty shall be made within 30 days from when the penalty became effective. In addition to all remedies herein contained, the County of San Diego may pursue all reasonable and legal means in collecting administrative civil penalties.
(Added by Ord. No. 9293 (N.S.), effective 1-12-01; amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
When any person has engaged in, is engaged in or is about to engage in any acts or practices which violate this Chapter, or any resolution, rule or regulation adopted pursuant to this Chapter, the Office of the County Counsel or District Attorney for San Diego County may apply to any court of competent jurisdiction for an order enjoining those acts or practices, or for an order directing compliance.
(Added by Ord. No. 9293 (N.S.), effective 1-12-01; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
(Added by Ord. No. 9293 (N.S.), effective 1-12-01; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
Any operating permit element issued pursuant to this Chapter may be revoked, modified or suspended during its term, upon one or more of the following grounds:
(a) Violation of any of the terms or conditions of the operating permit element, including nonpayment of fees;
(b) Obtaining the operating permit element by misrepresentation or intentional failure to fully disclose all relevant facts;
(c) A change in any condition that requires modification or termination of the operation of the underground storage tank; or
(d) Violation of any provision of this Chapter, including the state laws and regulations incorporated by reference in this Chapter.
(Added by Ord. No. 9293 (N.S.), effective 1-12-01; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
The Director may revoke, modify or suspend an operating permit element pursuant to Section 68.912 and follow by issuing a written notice stating the reasons therefor, and serving same together with a copy of the provisions of this Chapter, upon the holder of the operating permit element. The revocation, modification or suspension shall become effective 15 days after service of the notice, unless the holder of the operating permit element enters into a settlement agreement with the Director or appeals the notice in accordance with the provisions of Section 68.913. If such an appeal is filed, the revocation, modification or suspension shall not become effective until a final decision on the appeal is issued.
(Added by Ord. No. 9293 (N.S.), effective 1-12-01; amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
Except as otherwise provided, the Director, or their designee, is charged with the responsibility of administering this Chapter, and shall be authorized from time to time to promulgate and enforce such rules or regulations consistent with the purposes, intent and express terms of this Chapter as he or she deems necessary to implement such purposes, intent and express terms. No rules or regulations promulgated by the Director or amendments thereof shall be enforced or become effective until thirty calendar days following the date on which the proposed rules or regulations are filed with the Clerk of the Board of Supervisors.
(Added by Ord. No. 9293 (N.S.), effective 1-12-01; amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)