Article III. - Penalties, Violations and Enforcement.


Sec. 22-24. - General penalty.

(a)

The director of public works and the director's authorized agents and/or employees are authorized to issue citations for violation of any regulatory provision of this chapter.

(b)

Any person, firm or corporation or any agency, or employee of any person, firm or corporation who violates or knowingly permits a violation of any regulatory provision of this chapter shall be guilty of a public offense. The first and each subsequent conviction shall be a misdemeanor and shall be punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment in the county jail for not more than six (6) months, or by both such fine and imprisonment. Each person, firm or corporation or agency or employee thereof shall be guilty of a separate offense for each day, or any portion thereof, during which any violation of this chapter is committed, continued or permitted and shall be punished accordingly.

(Ord. No. 4765 § 5, 1994.)

Sec. 22-25. - Civil penalty for violation of certain refuse regulations.

(a)

In addition to any other fee or penalty imposed by this code or by any other law, any person who violates Section 22-7(a) of this code shall pay to the county a sum equal to three times the amount of the county standard tipping fee for the total refuse disposed. The penalty imposed by this section shall be calculated upon the total amount of refuse disposed by the violator on the day of violation, regardless of the percentage of refuse that is generated outside the county.

(b)

In addition to any other penalty or fee imposed by this code, or by any other law, any person who violates Section 22-9 of this code, shall pay to the director of public works a civil penalty of two hundred fifty dollars ($250.00) for each individual violation for each day such violation continues.

(Ord. No. 4765 § 5, 1994.)

Sec. 22-26. - Appeals of decisions of the director of public works.

Any person who is dissatisfied with any decision or ruling of the director of public works under this chapter may appeal to the board. The board shall hear the matter de novo. Such appeal shall be taken by filing with the clerk of the board a notice of appeal within thirty days of the director's decision or ruling. The hearing on such appeal shall be only after a notice of the time thereof mailed to the applicant and to any respondent at least seven (7) days before such hearing.

(Ord. No. 4765 § 5, 1994.)

Sec. 22-27. - Limited private right of action for certain violations of this chapter.

Any licensee who is in full compliance with the applicable requirements of this chapter who is damaged by any violation of Section 22-9 of this code may institute a civil proceeding for injunctive relief against such violation, for money damages, and for whatever other or additional relief the court deems appropriate. In any action brought pursuant to this section, the prevailing party shall be entitled to reasonable attorney's fees and costs pursuant to order of the court. The remedies available under this section shall be in addition to, and shall not in any way restrict, any other rights or remedies available under law.

(Ord. No. 4765 § 5, 1994.)

Sec. 22-28. - Abatement by the local enforcement agency.

The penalty and enforcement provisions set forth in the above sections of Article III do not apply to the provisions of Chapter 22 which are enforced by the local enforcement agency or its designee. Upon receipt of information that there exists a violation of Sonoma County Code Sections 22-2(a), 22-2(c), 22-2(e), 22-2(g), 22-3, 22-6, 22-8, 22-18(k), 22-18(l) or 22-18(n), the enforcing officer may order that the violation cease pursuant to the procedures set forth in Sonoma County Code Chapter 1. Unless otherwise authorized by state law, the enforcing officer shall be entitled to recover abatement costs and civil penalties as set forth in Sections 1-7 and 1-7.1 of this code.

(Ord. No. 5679 § 2, 2006.)