Appendix 4617. Civil penalties.

(a)

Notice of Hearing. If it appears to the Director that any person has operated a food facility without a Permit to Operate required by Section 4606 of this Code, the Director may serve such person with a notice of hearing pursuant to this Section. The notice shall do the following:

(1)

Describe the violation with which the person is charged and the amount of the civil penalty for such violation;

(2)

State that a hearing will be held to determine whether the person has committed such violation and that, if so, the civil penalty will be imposed;

(3)

State the date, which will be at least fifteen (15) calendar days after the date of notice, and the time and place of the hearing; and

(4)

Include a copy of this Section.

(b)

Hearing. The Director shall conduct the hearing at the date, time and place specified in the notice or such other date, time and place as may be mutually agreed to by the Director and the person charged. The hearing shall be informal and shall not be governed by the rules of evidence applicable to courts of law. The person charged and the County shall have the right to present relevant evidence at the hearing. The Director may, but need not, permit other persons to present relevant evidence. The County shall have the burden of proving, by a preponderance of the evidence, that the violation described in the notice of hearing has occurred.

(c)

Determination. At the conclusion of the hearing, or within a reasonable time thereafter, the Director shall determine, based upon the preponderance of the evidence accepted at the hearing, whether the violation described in the notice of hearing has occurred. The determination of the Director shall be final and conclusive. Such determination shall be in writing and contain a brief statement of the findings of fact upon which the determination is based. If the determination is that the violation has occurred, the Director shall impose a civil penalty on the person charged in an amount equal to three times the applicable Permit to Operate fee established pursuant to Section 4616. The Director shall serve a written copy of the determination upon the person charged. The civil penalty shall be in addition to any other civil or criminal penalties and any fees (including late payment fees) that may be imposed on account of the violation.

(d)

Collection of Penalty. The civil penalty imposed pursuant to this Section may be collected in the same manner as a judgment for damages at law. In addition, the Director may refuse to issue any permit under this Chapter to any person upon whom such civil penalty has been imposed unless and until it is paid in full.

(Rep. & Reen. Ord. 4364—6/19/07)