(a) Issuance. An Enforcement Officer may issue a citation to any responsible party violating any provision of this chapter. The Enforcement Officer may issue a citation for a violation not committed in their presence if they determine through investigation, including but not limited to credible input from County staff, that the responsible party did commit or is otherwise responsible for the violation.
(b) Penalties. Penalties (fines) for administrative citations issued pursuant to this chapter shall be as follows:
(1) The civil penalty for each non-commercial violation shall be a fine not to exceed $500. The minimum amount of any such fine shall be $25.
(2) The civil penalty for each violation involving a commercial activity shall be a fine not to exceed $10,000. The minimum amount of any such fine shall be $250.
(c) Factors in setting amount. In determining the amount of a fine pursuant to subsection (b), above, the Enforcement Officer shall consider:
(1) The gravity of the public health risk posed by the violation;
(2) Whether the responsible party has been previously counseled regarding the violation;
(3) For a violation arising from commercial activities, whether the violation is likely to result in increased revenue or avoided costs;
(4) Whether the violation is the subject of a prior citation;
(5) Whether the responsible party is making good faith efforts to achieve and maintain compliance with public health orders; and
(6) Any other matters relating to the nature, circumstances, extent, and gravity of the violation.
For a citation that includes one (1) or more violations arising from commercial activity, fines imposed for each day of violation shall automatically double, up to the maximum amounts set forth above.
(d) Grace period. If a violation is capable of being cured (i.e., is an ongoing violation and the responsible party has the apparent ability to effect a resolution), an administrative citation may include a grace period to cure the violation(s) and avoid the civil penalty set forth in the citation. The grace period may range from twenty-four (24) to seventy-two (72) hours from the date of the citation. In determining whether to provide a grace period and in determining the length of any grace period included in a citation, the Enforcement Officer shall consider the same factors provided above in connection with setting a fine amount. All matters relating to grace periods are within the sole discretion of the Enforcement Officer and are not appealable.
(e) Compliance reporting following grace period. The responsible party must cure each cited violation and must report to the Enforcement Officer when each cited violation is cured prior to expiration of the grace period. Each such report must include the responsible party’s contact information and availability information sufficient to ensure the Enforcement Officer can verify compliance within seventy-two (72) hours of the date of cure.
(f) Payment of administrative fines. All fines and fees shall be payable to the County in accordance with the procedures specified in this chapter, unless otherwise directed in the citation. Fines shall be paid to the County within thirty (30) days from the date of service of the administrative citation, unless an appeal is properly requested. If an appeal is properly requested and the fine is upheld or reduced at that administrative hearing, then the confirmed fine amount shall be paid to the County within thirty (30) days from the date of service of the decision. Payment of the fines and fees shall not excuse the failure to correct the violation or bar further enforcement action by the County.
(g) Administrative fees. The County may adopt one or more administrative fees to recover the costs associated with the issuance, enforcement, processing, and collection of administrative citations. The administrative fees shall be established by resolution of the Board. The administrative fees shall be assessed on each administrative citation and collected in the same manner and at the same time as the civil penalty; however, the administrative fees shall be assessed only once per administrative citation.
(h) Late fee; collection costs. Any person who fails to pay any fine or administrative fee imposed pursuant to the provisions of this chapter shall be liable for the payment of a late fee. The late fee shall be in an amount established by resolution of the Board. In addition to the administrative fee and late fee, the County is entitled to recover all costs, expenses, fees, and attorneys’ fees associated with collecting upon any administrative fines, fees, or costs authorized by this chapter. (§ 8, Ord. 1523, eff. July 7, 2020)