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<br /> 8 <br />DRAFT <br />4/14/16 <br />(b) Administrative Enforcement. Violation of any provision of this Ordinance shall <br />constitute grounds for assessment of a notice of violation and fine by an Authority <br />Representative in accordance with Government Code § 53069.4 or as the code shall <br />subsequently be amended or reorganized. Where an enforcement action is necessary <br />to enforce this Ordinance, the Enforcement Official will typically issue a notice of <br />violation as authorized in this subsection prior to taking the actions authorized <br />pursuant to sections 78(c) or 78(d) of this Ordinance. A separate notice of violation <br />and fine may be imposed for each day on which a violation occurs. The fine shall not <br />exceed the amounts detailed for misdemeanors in Section 78(d) of this Ordinance. <br />The notice of violation shall list the specific violation and fine amount and describe <br />how to pay the fine and how to request an administrative hearing to contest the notice <br />of violation. The fine must be paid within 30 days of the notice of violation and must <br />be deposited prior to any requested hearing. A hearing, by a hearing officer, will be <br />held only if it is requested within 30 days of the notice of violation. Evidence may be <br />presented at the hearing. If it is determined that no violation occurred, the amount of <br />the fine shall be refunded within 30 days. The Authority shall serve the final order on <br />the Person subject to the notice of violation by first class, overnight or certified mail. <br /> <br />(c) Civil Action. Violation of any provision of this Ordinance may be enforced by a <br />civil action including an action for injunctive relief. <br /> <br />(d) Infractions and Misdemeanors. Violation of any provision of this Ordinance shall <br />constitute a misdemeanor punishable by a fine not to exceed $500 for the first <br />violation, a fine not to exceed $750 for the second violation within one year and a <br />fine not to exceed $1000 for each additional violation within one year. Violation of <br />any provision of this Ordinance may also be enforced as an infraction punishable by <br />a fine not to exceed $100 for the first violation, a fine not to exceed $200 for the <br />second 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 a <br />violation occurs. <br /> <br />(e) Authorized Representatives. Enforcement pursuant to this Ordinance may be <br />undertaken by the Authority through its Executive Director, counsel, or any Authority <br />Representative. In any enforcement action, the Authority shall be entitled to recover <br />its attorneys’ fees and costs from any Person who violates this Ordinance. Authority <br />Representatives are authorized to conduct any inspections reasonably necessary <br />to further the goals of this Ordinance, subject to applicable laws. <br /> <br />(f) Phasing. Notwithstanding the foregoing inspection and enforcement <br />authorization Enforcement of this ordinance the amendments to this ordinance <br />adopted by Ordinance 2016-01 shall be phased on the following schedule. Prior to <br />January 1, 2013 , the date that a type of establishment will be considered a Store, <br />those establishments Stores will be notified and public education and outreach <br />activities will take place. Warnings and enforcement Enforcement actions will be <br />taken as needed beginning November 1, 2017 for Stores described in Section <br />3(q)(4) and beginning May 1, 2018 for Stores described in Section 3(q)(5)January <br />1, 2013.