Pursuant to Food and Agriculture Code Section 885, rather than pursuing a civil prosecution,
the agricultural commissioner may levy a civil penalty against any person violating
the provisions of this article. The civil penalty for each violation shall be, for
a first violation, a fine of not more than five hundred dollars ($500). For a second
or subsequent violation, the fine shall be not less than one hundred dollars ($100.00),
nor more than one thousand dollars ($1,000). Before a civil penalty is levied, the
person charged with the violation shall receive notice of the nature of the violation
and shall be given an opportunity to be heard. This shall include the right to review
the evidence and a right to present evidence on his or her own behalf. Subdivision
(e) of Food and Agriculture Code Section 43003 shall apply to any fine levied pursuant
to this section.
(Ord. No. 4055, § 6, 5-7-13)
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