(a) The County of Summit hereby adopts the "Uniform Engine Fuels, Petroleum Products, and Automotive Lubricants Regulation, " ("Fuel Testing Regulation") as adopted by the 88th National Conference on Weights and Measures 2003, and restated in the United States Department of Commerce, National Institute of Standards and Technology Handbook 130 (2004), as amended. In addition, the County of Summit hereby adopts by reference the latest standards established by the American Society for Testing and Materials (ASTM). The County Fiscal Officer shall be authorized to perform fuel quality testing pursuant to the Fuel Testing Regulation, as amended, in the County of Summit.
The County Fiscal Officer's designated agents shall issue separate stop sale and or written citation for the first violations detected at each pump, hose, and/or storage tanks located at the same fuel dispensing premises. Failure to correct said violation, within seven days after the first offense was issued, may constitute a subsequent offense. Notice of citations shall also be issued to the owner of the fuel dispensing premises or his/her statutory agent within a reasonable amount of time if they have filed a "Notice of Citation Registration Form" with the Summit County Fiscal Office.
(b) Civil Penalties and Costs. Any person who individually, or through their servant or agent, or as the servant or agent of another person, commits any violation of the Fuel Testing Regulation, as amended, shall be issued a stop sale and/or written citation for the first violation. All violations shall result in an order of restitution payable to the County, for actual costs of testing both the failed sample(s) and testing necessary to resume sale. A civil penalty for all subsequent violations at the same fuel dispensing premises, shall be assessed as follows:
(1) Not less than $ 100.00 nor more than $500.00 for a second violation in a two (2) year period.
(2) Not less than $ 250.00 nor more than $ 1,000.00 for a third violation in a two (2) year period.
(3) Not less than $500.00 nor more than $1,500.00 for a fourth violation in a two (2) year period.
All penalties collected by the Fiscal Office pursuant to this Section shall be allocated for the exclusive operations of the Fiscal Officer's Fuel Quality Testing Program.
(c) Administrative Hearing. Any person subject to a civil penalty shall have a right to request an administrative hearing before the Fiscal Officer's Chief of Staff within ten (10) days of receipt of the notice of a civil penalty. The Chief of Staff or their designee shall be authorized to conduct the hearing after giving appropriate notice to the respondent. The Chief of Staff shall confirm, modify and/or dismiss the citation and/or penalties based upon the demonstration of mitigating circumstances by said person, and said decision shall be final. Citations and penalties may be appealed to the court of appropriate jurisdiction.
(d) Criminal Penalties. Any person who commits a fifth violation of the Fuel Testing Regulation, as amended, at the same fuel dispensing premises within a two (2) year period, shall be guilty of a misdemeanor of the third degree, and for a misdemeanor of the second degree for a sixth or subsequent offense at the same fuel dispensing premises, within a two (2) year period after the first offense.
(e) Registration and/or Inspection Fees. The County shall not charge any inspection or registration fees to perform fuel quality testing pursuant to the "Uniform Fuel Regulations".
(Ord. 2005-567. Adopted 12-5-05; Ord. 2013-093. Adopted 4-15-13.)