2.41.080 Administrative penalties.

If any person violates any provision of this chapter, he or she shall be liable to the city clerk's office in the amount of ten dollars per day of violation, in addition to any other legal remedies provided by law. This amount shall be deemed a penalty in accordance with Government Code Section 91013. The following procedures shall govern the imposition, enforcement, collection and administrative review of administrative penalties:

(A) Notice of Violation. If any person subject to this chapter fails to comply with any provision herein, a notice of violation may be issued by the city clerk or designee.

(B) Content of Notice of Violation. The notice of violation shall contain the information listed below:

(1) Date, location and approximate time the violation was observed or discovered.

(2) The chapter section violated and a brief description of the violation.

(3) The amount of the penalty imposed for the violation.

(4) Instructions for the payment of the penalty, the time period by which it shall be paid, and the consequences of failure to pay the penalty within this time period.

(5) Instructions on how to appeal the notice of violation.

(6) The signature of the city clerk or designee.

(C) Service of Notice of Violation. Service of notice of violation shall be effective upon deposit in United States mail in accordance with this chapter. A copy of the notice of violation shall be mailed by certified mail, return receipt requested to the person who has violated the chapter, at the address listed for the person on the Fair Political Practices Commission Form 410 Statement of Organization.

(D) Penalties.

(1) The penalties assessed for each violation shall be ten dollars per day and shall not exceed the cumulative amount stated in the late statement or report, or one hundred dollars, whichever is greater.

(2) Payment of the penalty shall not excuse the failure to correct the violation nor shall it bar further enforcement action.

(3) The penalties assessed shall be payable to the city clerk's office.

(E) Administrative Appeal.

(1) Notice of Appeal. The recipient of a notice of violation carrying a penalty may appeal by filing a written notice of appeal with the city clerk's office. The written notice of appeal must be filed within twenty days of the service of the notice of violation. Failure to file a written notice of appeal within this time period shall constitute a waiver of the right to appeal. The notice of appeal shall contain the following information:

(a) A brief statement setting forth appellant's interest in the proceedings;

(b) A brief statement of the material facts which appellant claims supports his or her contention that no violation has occurred, no administrative penalty should be imposed or that an administrative penalty of a different amount is warranted;

(c) An address at which the appellant agrees notice of any additional proceeding or an order relating to the imposition of the administrative penalty may be received by mail.

(d) The signature of the appellant.

(2) The city clerk, or designee, shall review the appeal and issue a notice of decision within thirty days of receipt of the notice of appeal. The notice of decision shall be final.

(3) In addition to any other available remedies, the city clerk's office may bring a civil action and obtain a judgment in Superior Court for the purposes of collecting any unpaid monetary penalties, fees, or civil penalties imposed pursuant to Government Code Section 91013.5.