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3-18-195 CONCEALMENT. Causing,permitting, aiding, abetting, or concealing a violation of any provision of this Title 3 shall constitute a violation of such provision. 3-18-200 MISDEMEANOR. Any person violating any provision of these regulations, or of any permit issued pursuant to said regulations shall be guilty of a misdemeanor and upon conviction thereof, shall be punished by imprisonment in the County Jail for a term not to exceed one year, or by a fine not to exceed One Thousand Dollars ($1,000.00) or by both such imprisonment and fine. Every day such violation continues shall constitute a separate offense. The attorney for the CityCity Attorney, upon order of the City Manager, shall petition the Superior Court to impose, assess, and recover such sums as may be applicable. Any such violation constituting a misdemeanor may, in the discretion of the City, be charged and prosecuted as an infraction. Upon conviction of an infraction, a person shall be subject to payment of a fine,not to exceed the limits set forth in California Government Code Section 36900. After a third infraction conviction for a violation of the same provision within a twelve (12) month period, or subsequent violations of that same provision within a twelve (12) month period may be charged as misdemeanors. 3-18-205 ADMINISTRATIVE ORDER PROCESS. The Administrator Any City enforcement officer may issue a complaint to any person on whom civil liability may be imposed pursuant to Chapter 3-17 of this Title. The complaint shall allege the acts or failures to act that constitute a basis for liability and the amount of the proposed civil liability. The complaint shall be served by personal service or certified mail and shall inform the party so served that a hearing shall be held at a specific time and place within sixty (60) days after the party has been served. Failure of any person to receive notice shall not affect the validity of any proceedings hereunder. 3-18-210 ADMINISTRATIVE ORDER HEARING PROCESS. The administrative order hearing shall be held before the City Manager or his/her designee. All hearings shall be tape recorded. Hearings need not be conducted according to the technical rules of evidence. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions in courts of competent jurisdiction in this State. Any relevant evidence shall be admitted if it is the type of evidence on which reasonable persons are accustomed to rely on in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions in courts of competent jurisdiction in this State. Oral evidence shall be taken only on oath or affirmation. Irrelevant and unduly repetitious evidence shall be excluded. At the time stated in the complaint, the City Manager shall hear and consider all relevant evidence, objections or protests, and shall receive testimony under oath relative to the acts or failures to act that constitute a basis for liability. If the City Manager finds that there is sufficient cause to find liability, the City Manager shall prepare findings and an order, which shall specify the nature of the violation and the amount of the proposed civil liability. ORDINANCE NO.2014-021 6