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Attachment 2 DRAFT <br />its good faith efforts to comply by the compliance date(s) stated in the approved <br />waiver. <br />(h) Covered Materials in public litter containers (e.g., on streets or in parks), street <br />sweepings, or in Solid Waste collected when illegal dumping is cleaned up, are <br />not subject to this Ordinance. <br />SECTION 11 (Enforcement) <br />(a) An enforcement action under Sections 4, 5, or 8 of this Ordinance shall not be <br />taken in any Covered Jurisdiction without written approval from the Primary <br />Enforcement Representative of that Covered Jurisdiction. The Primary <br />Enforcement Representative shall provide approval or disapproval of a proposed <br />enforcement action in a timely manner. <br />(b) Violation of any provision of this Ordinance shall constitute grounds for <br />assessment of a notice of violation and fine by an Authority Representative in <br />accordance with Government Code § 53069.4 or as the code shall subsequently be <br />amended or reorganized. Where an enforcement action is necessary to enforce <br />this Ordinance, the Enforcement Official will typically issue a notice of violation <br />as authorized in this subsection prior to taking the actions authorized pursuant to <br />section 11(c) or 11(d) of this Ordinance. A separate notice of violation and fine <br />may be imposed for each day on which a violation occurs. The fine shall not <br />exceed the amounts for misdemeanors in Section 11(c) of this Ordinance. <br />The notice of violation shall list the specific violation and fine amount and <br />describe how to pay the fine and how to request an administrative hearing to <br />contest the notice of violation. The fine shall be paid within 30 days of the notice <br />of violation and shall be deposited prior to any requested hearing. A hearing, held <br />by an external hearing officer, will be held only if it is requested within 30 days of <br />the notice of violation. Evidence may be presented at the hearing. The Executive <br />Director, or its designee, shall conduct the hearing and issue a final written order. <br />If it is determined that no violation occurred, the amount of the fine shall be <br />refunded within 30 days. The Authority shall serve the final order on the Person <br />subject to the notice of violation by overnight, certified or first class mail. <br />(c) Violation of any provision of this Ordinance may be enforced by a civil action <br />including an action for injunctive relief. <br />(d) Violation of any provision of this Ordinance shall constitute a misdemeanor <br />punishable by a fine not to exceed $500 for the first violation, a fine not to exceed <br />$750 for the second violation within one year and a fine not to exceed $1000 for <br />each additional violation within one year. Violation of any provision of this <br />Ordinance may also be enforced as an infraction punishable by a fine not to <br />exceed $100 for the first violation, a fine not to exceed $200 for the second <br />violation within one year and a fine not to exceed $500 for each additional <br />violation within one year. There shall be a separate offense for each day on which <br />a violation occurs. <br />13 <br />