(a) Failure to comply with the terms and provisions of certification as set forth above may result in the initiation of an enforcement action (including civil penalties, suspension and/or termination of certification), as determined by the Agricultural Commissioner in his, or her, sole discretion, which may include the actions set forth below.
(b) If the Agricultural Commissioner determines the terms and provisions of this ordinance have been violated by a person who has been certified as an organic producer and/or handler under these provisions, the Agricultural Commissioner shall notify the responsible party concerning the alleged violation in writing. The responsible party shall have 15 days from the date the notice is mailed to respond in writing. The Agricultural Commissioner shall review the response and make a determination as to the appropriate enforcement action, if any, and advise the responsible party in writing.
(c) For a first offense, in lieu of an enforcement action as prescribed in subdivision (a)or (b), the Agricultural Commissioner may issue a notice of non-compliance if he or she finds that the violation is of a minor nature.
(d) The Agricultural Commissioner may levy a civil penalty against any person under the enforcement jurisdiction of the County, in an amount not more five thousand dollars ($5,000) for each violation. The amount of the penalty assessed for each violation shall be based upon: the nature of the violation, the seriousness of the effect of the violation, and the impact of the penalty on the violator, including the deterrent effect on future violations.
(e) After receiving a notice of proposed civil penalty, a person shall be afforded an opportunity for a hearing before the Agricultural Commissioner, upon request made within 30 days after the issuance of the notice. At the hearing, the person shall be given the right to review the Commissioner’s evidence of the violation and to present evidence on his or her own behalf. If no hearing is requested, the Commissioner shall issue a notice of final civil penalty, which shall constitute a final and non-reviewable order. If a hearing is requested and held, the Commissioner shall issue his or her final order within 30 days after the end of hearing, and that notice of final action and order may be appealed in the manner described in California Food and Agricultural Code section 46017(d), as may be amended from time to time.
(f) Notwithstanding the penalties prescribed in subdivision (d), if the Agricultural Commissioner finds that a violation was not intentional, the Agricultural Commissioner may levy a civil penalty of not more than two thousand five hundred dollars ($2,500) for each violation.
(g) A civil penalty levied by the Agricultural Commissioner pursuant to this section may be recovered in a civil action brought in the name of the County.
(h) The County shall maintain in a central location, and make publicly available for inspection and copying upon request, a list of all civil penalties levied by the Agricultural Commissioner within the past five years, including the amount of each penalty, the person against whom the penalty was levied, and the nature of the violation. Copies of this list shall also be available by mail, upon written request and payment of a reasonable fee, for providing the service as set by the county.
(i) The above civil sanctions shall be in addition to and do not otherwise impair or restrict the imposition of any other sanctions provided by law (§ 1, Ord. 1344, eff. April 20, 2006)