A. In addition to any other remedy authorized by this chapter or applicable law, any violation of the provisions of this chapter shall be subject to an administrative penalty, enforcement, and collection proceedings, as set forth in this chapter and authorized by Section 53069.4 of the California Government Code. Each day of a continuing violation constitutes a separate violation.
B. Except as otherwise provided in subsection C., the Director may impose an administrative penalty for each violation in an amount not to exceed $100 for the first violation, $250 for the second violation of the same provision of this chapter within one year after the first violation, and $500 for each additional violation of the same provision of this chapter within one year after the first violation.
C. If the Director determines that a project is in violation of the requirements of Section 8.29.40, the Director may impose an administrative penalty equal to $100 for every ton or fraction of a ton of C&D debris that was not recycled or reused as required.
D. Whenever the Director determines that a violation of any provision of this chapter has occurred, the Director is authorized to issue a notice of violation. The Director's issuance of a notice of violation is final unless an administrative review has been filed as provided in Section 8.29.130. If such an administrative review is not filed, the Director may withhold approval of any and all Recycling and Reuse Plans submitted by the responsible person on any covered project(s) until the applicable administrative penalty has been paid, and the amount of any unpaid administrative penalty may be declared a lien on any real property on which the project took place, as provided in Section 8.29.150. In addition, when a final administrative determination has been made that a violation has occurred, the Director is authorized to suspend and/or revoke any and all permits issued pursuant to this chapter and to direct the appropriate city officials to order the cessation of all work and activities on the covered project in question until such time as the applicable penalty has been paid.
E. The notice of violation shall specify the conditions constituting the violation, the time, if any, within which the violation must be corrected, the applicable administrative penalty, and the availability of an administrative appeal as provided in this chapter. The notice of violation shall also state that if such an administrative appeal is not filed and the applicable administrative penalty has not been paid, the Director may withhold approval of any and all Recycling and Reuse Plans submitted by the responsible person on any covered project(s) until such penalty has been paid, and the amount of any unpaid administrative penalty may be declared a lien on any real property on which the project took place, as provided in Section 8.29.150.
F. A notice of violation shall be served upon a responsible person(s) by personal delivery or by registered or certified mail, return receipt requested, at the Director's election. In the event, after reasonable effort, the Director is unable to serve the notice of violation as set above, service shall be accomplished by posting a copy of the notice on the premises of the project. The date of service is deemed to be five days after the date of mailing, the date of personal delivery, or the date of posting, as applicable.
G. The total amount of administrative penalties imposed for a project under this section may not exceed fifteen percent of the value of the project, as described on the permit application(s), or $50,000, whichever is more. (Ord. 2005-24, 2005)