Administrative enforcement of violations and fines

A. In addition to any enforcement by criminal prosecution, if the chief determines that a responsible person violated any provision of this chapter, the chief must serve the responsible person, by mail with proof of mailing or personal delivery, with a notice of violation and order in accordance with this chapter and such administrative rules as the chief may adopt. B. The notice of violation and order must include at least the following information: 1. Date of the notice. 2. Name and address of the person noticed. 3. The section number of the provision or rule that has been violated. 4. The nature of the violation. 5. The location and date of the violation. 6. The order must require the person to cease and desist of the violation and pay a civil fine of $200 for a first violation, $500 for a second violation, and $1,000 for a third violation within a twelve-month period. Only a single notice of violation and order may be issued for any incident within a twenty-four-hour period. 7. In addition to the civil fine, for subsequent violations occurring within the same twelve-month period, the order may require reimbursement of response costs. 8. If the responsible person is a minor, the minor's parents or legal guardians will be liable for the civil penalties imposed under this section. 9. The order must advise the person that the order will become final unless an appeal is filed with the police commission within thirty days after the date of its mailing or delivery. C. The order will become final unless an appeal is filed with the police commission within the thirty-day period. An appeal to the police commission will not stay any provision of the order. D. In addition to any other procedures for the collection of civil fines available to the County by law or rules of the court, the County may add unpaid civil fines imposed in accordance with this chapter to any County taxes, fees, or charges, except for residential water or sewer charges. E. The chief may institute a civil action in any court of competent jurisdiction for the enforcement of any order issued in accordance with this section. Where the civil action has been instituted to enforce the civil fine imposed by the order, the chief need only show that the notice of violation and order were served, that a civil fine was imposed, the amount of the civil fine imposed, and that the civil fine imposed has not been appealed in a timely manner or paid. ( Ord. No. 5174 § 2, 2021; eff. 9-1-2021)