(A) Administrative penalties. Pursuant to Cal. Gov't Code § 53069.4, the county may impose administrative penalties for the violations of §§ 7.07.017 and 7.07.019 in an amount not to exceed $100 for a first violation, $200 for a second violation and $500 for the third or more violation for each day during which any person commits, continues, allows or maintains a violation of those sections. The Agricultural Commissioner or his/her designee, may cause any person to be issued an administrative citation as specified below. An owner or manager shall be responsible for ensuring that lettuce inspection code requirements are complied with for all fields under their supervision and control.
(1) Any notice of citation issued shall: identity the date, time and circumstances of the violation; state the amount of the penalty fee to be imposed; and advise the person of their appeal rights as provided herein.
(2) The administrative citation shall be served as set forth below.
(a) By personal service; or
(b) By mail, certified, return receipt requested, to the owner of the property at the address shown on the last equalized assessment roll, or to the person responsible for or committing the act at that person's permanent mailing address. Should the service by certified mail, return receipt be returned as "refused or unclaimed," service may be made by posting a copy of the notice prominently and conspicuously upon the property where the violation occurred and mailing a copy of the notice by regular U.S. mail to the owner and any known responsible party.
(c) When service of the notice of administrative violation is made by personal service, or posting, proof of service shall be certified to at the time of service by a written declaration. When service is made via certified mail, the card returned in acknowledgment of receipt shall be affixed to a copy of the notice and order retained by the director or his/her designee. The failure of any person to receive the notice does not affect the validity of any proceedings taken under this chapter.
(3) The amount of the penalty fee imposed shall be set by the Agricultural Commissioner or his/her designee. In determining the amount of civil penalty to be assessed against any person, consideration will be given to the following:
(a) The extent to which the person had knowledge or reasonably should have known that the action taken was a violation of the San Benito County Code;
(b) The magnitude of the violation;
(c) The extent to which the person derived a financial benefit from the violation;
(d) Any prior history of related violations by the same person; and
(e) Any corrective action, or lack thereof, taken by the person to eliminate the violations, and any other mitigating circumstances justifying a reduction of the amount of the penalties.
(4) Any person receiving the administrative citation may request an appeal hearing, in writing, within 15 days from the date of service of the administrative citation. The request for hearing shall be addressed to the Agricultural Commissioner and shall be deemed served only when received by the county. Failure to properly serve the request for hearing within the 15-day period shall be deemed a waiver of right to appeal the matter, and the decision to impose the penalty fee will become final.
(5) The appeal hearing shall be held before a hearing board, consisting of two or more members appointed by the Board of Supervisors, or a hearing officer appointed by the County Administrative Officer or his/her designee. A hearing officer shall be a member of the California Bar admitted to practice no less than five years as required by Cal. Gov't Code §
(6) Upon conclusion of the hearing, the hearing board or hearing officer shall serve written notice of his/her decision, which shall be final. The costs of the hearing officer shall be borne by the losing party, unless as otherwise determined by the hearing officer. Each party shall be responsible for his/her own attorney's fees.
(7) Notwithstanding Cal. Code of Civil Procedure §§ 1094.5 or 1094.6, within 20 days after the date action is taken by the hearing board or hearing officer, a person contesting that final administrative decision may seek review by filing an appeal in the San Benito County Superior Court pursuant to Cal. Gov't Code § 53069.4(b). If no notice of appeal to the Superior Court is filed within the period set forth in this section, the order or decision of the county shall be deemed confirmed.
(B) Criminal penalties. Any person violating §§ 7.07.016 et seq. shall be deemed guilty of an infraction as hereinafter specified. Such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation is committed, continued, or permitted. Any person so convicted shall be: guilty of an infraction offense and punished by a fine not exceeding $100 for a first violation; guilty of an infraction offense and punished by a fine not exceeding $200 for a second violation. The third and any additional violations shall be punishable by a fine not exceeding $500. Payment of any penalty herein shall not relieve a person from the responsibility for correcting the violation.
(Ord. 837, § 6)