(a) Enforcement Procedure. The Director shall issue an administrative citation for the violation of Sections 2102(b) or (c) of this Article. The Director shall issue an administrative citation for the violation of section 2102(a) only if the conduct in issue is related to, or also is, a violation of section 2102(b) and/or 2102(c). Administrative Code Chapter 100, “Procedures Governing the Imposition of Administrative Fines,” is hereby incorporated in its entirety, except as it relates to the definition of a violation and the calculation of penalty amounts, addressed in Sections 2104(b) and (c) of this Article 21. Administrative Code Chapter 100 shall govern the procedure for imposition, enforcement, collection, and administrative review of administrative citations issued under this Article.
(b) Violations Subject to Penalties. For purposes of assessing penalties for violation of Sections 2102(b) or 2102(c), each occasion in which a Person operates or allows the operation of Gas-Powered Landscaping Equipment in violation of sections 2102(b) and/or (c) is a separate violation. For continuing violations, a separate violation shall accrue for each day on which the operation continues.
(c) Penalty Amounts. In setting the amount of the administrative penalty, which shall not exceed $1,000 per violation, the Director shall consider any one or more mitigating or aggravating circumstances presented, including but not limited to the following: the persistence of the violation, the willfulness of the violation, the length of time over which the violation occurred, and the assets, liabilities, and net worth of the violator.
(d) Public Nuisance. Operation of any Gas-Powered Landscaping Equipment in violation of this Article more than 10 days after issuance of a notice shall be a public nuisance.
(Added by Ord. 202-22, File No. 220199, App. 10/6/2022, Eff. 11/6/2022)