§ 31-65. Notice of violation and administrative penalty.  


Latest version.
  • a.

    Notwithstanding any other provision of this Code to the contrary, including, but not limited to, Sections 1-7 and 41-5 of this Code, a violation of Section 31-63(a) of this article shall not be charged as an infraction.

    b.

    In addition to any other remedy authorized by this code or applicable law, any violation of the provisions of this chapter will be subject to an administrative penalty, enforcement, and collection proceedings, as set forth in this chapter and authorized by California Government Code Section 53069.4. Each day of a continuing violation constitutes a separate violation.

    c.

    Except as otherwise provided in subsection d of this section, the Solid Waste Manager may impose an administrative penalty for each violation in an amount not to exceed one hundred dollars ($100.00) for the first violation, two hundred dollars ($200.00) for the second violation of the same provision of this chapter within one (1) year after the first violation, and five hundred dollars ($500.00) for each additional violation of the same provision of this chapter within one (1) year after the first violation.

    d.

    If the Solid Waste Manager determines that a project is in violation of the requirements of Section 31-63(a) of this article, the Solid Waste Manager may impose an administrative penalty equal to two hundred fifty dollars ($250.00) for every ton or fraction of a ton of C&D debris that was not recycled or reused as required.

    e.

    Whenever the Solid Waste Manager determines that a violation of any provision of this article has occurred, the Solid Waste Manager is authorized to issue a notice of violation. The Solid Waste Manager's issuance of a notice of violation is final unless an administrative appeal has been filed as provided in Section 31-66 of this article. If such an administrative appeal is not filed, the Solid Waste Manager may withhold approval of any and all Diversion Plans submitted by the responsible person on any project(s) until the applicable administrative penalty has been paid, and the amount of any unpaid administrative penalty may be declared a lien on any real property on which the project took place, as provided in Section 31-68 of this article.

    f.

    The notice of violation shall specify the conditions constituting the violation, the time, if any, within which the violation must be corrected, the applicable administrative penalty, and the availability of an administrative appeal as provided in Section 31-66 of this article. The notice of violation shall also state that if such an administrative appeal is not filed and the applicable administrative penalty has not been paid, the Solid Waste Manager may withhold approval of any and all Diversion Plans submitted by the responsible person on any project(s) until such penalty has been paid, and the amount of any unpaid administrative penalty may be declared a lien on any real property on which the project took place, as provided in Section 31-68 of this article.

    g.

    A notice of violation shall be served upon a responsible person(s) by personal delivery or by registered or certified mail, return receipt requested, at the Solid Waste Manager's election. In the event that, after reasonable effort, the Solid Waste Manager is unable to serve the notice of violation as set above, service shall be accomplished by posting a copy of the notice on the premises of the project. The date of service is deemed to be the date of mailing, personal delivery, or posting, as applicable.

    h.

    The total amount of administrative penalties imposed for a project under this section may not exceed fifteen percent (15%) of the value of the project, as described on the permit application(s), or fifty thousand dollars ($50,000.00), whichever is less, except that the fifteen percent (15%) limit shall not apply to demolition projects.

    i.

    Any penalty collected under this section will be deposited in a separate revenue fund entitled "Solid Waste Management Fund."

(Ord. No. 3925, § 1 (part), 2-14-06)