A. When assessing an administrative fine under this chapter, the city will take into consideration a sidewalk vendor's ability to pay the fine.
1. Any fine issued under this section will be accompanied by a notice of and instruction regarding a person's right to request an ability-to-pay determination.
2. An operator or vendor may request an ability-to-pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a collection program.
B. If an operator or vendor is receiving public benefits under Government Code Section 68632 (a), or has a monthly income which is one hundred twenty-five percent (125%) or less than the current poverty guidelines updated periodically in the Federal Register by the United States Department of Health and Human Services, the operator or vendor's administrative fine is limited to twenty percent (20%) of the amount assessed. The city may also take the following actions:
1. Allow the operator or vendor to complete community service in lieu of paying all or part of the administrative fine;
2. Waive the administrative fine; or
3. Offer an alternative disposition. (Ord. 444 § 1, 2024)