A. Any person, firm, partnership, corporation or other entity violating any provision of this chapter shall be guilty of an infraction or misdemeanor as hereinafter specified. Each day or portion thereof such violation is in existence shall be a new and separate offense. Any person so convicted shall be:
1. Guilty of an infraction offense and punished by a fine not exceeding one hundred dollars ($100.00) for a first offense.
2. Guilty of an infraction offense and punished by a fine not exceeding two hundred dollars ($200.00) and not less than one hundred dollars ($100.00) for a second offense.
3. The third and any additional offenses shall constitute misdemeanors and shall be punishable by fines not exceeding one thousand dollars ($1,000.00) and not less than five hundred dollars ($500.00) or six months in jail, or both.
4. Notwithstanding the above, a first or second offense may be charged and prosecuted as a misdemeanor.
B. Payment of any fine or service of a jail sentence shall not relieve a person, firm, partnership, corporation or other entity from the responsibility of correcting the condition resulting from the violation.
C. In addition to the above penalties, the court may order that the guilty party reimburse the city for all of its costs of investigating, analyzing, inspecting, abating and prosecuting the enforcement action against the guilty party. The court shall fix the amount of any such reimbursement upon submission of proof of such costs by the city.
D. The owner, manager, and operator of every activity or facility subject to this chapter shall be responsible for any violation of this chapter by an employee.
E. Any person who violates any section of this chapter, or who breaches or violates any condition of a permit, approval or license issued pursuant to this chapter, may be issued an administrative citation. Any person authorized to enforce this chapter may use the administrative citations procedures set forth in Section 11.0208 (Administrative Citations Actions) of the San Bernardino County Code to enforce this chapter. (Ord. 302 § 2, 2010; Ord. 248 § 9, 2005)