5.40.110 Procedure for enforcement – Penalties – Presumption – Enforcement personnel.
Upon determination by the enforcement officer that a violation of this chapter has occurred, the procedure shall be enforced as follows:
(1) Warning. An enforcement officer may issue a written warning notifying the responsible person or the occupant at the premises where the violation has occurred, that probable cause exists that a violation has occurred and warn that if subsequent violations occur, a notice of violation will be issued.
(2) Notice of violation. If a violation of this chapter occurs, and the enforcement officer has probable cause to believe a violation has occurred, the enforcement officer may, without the need for a warning, issue a notice of violation to the person responsible or the occupant where the violation has occurred for the violation.
(a) A person receiving a notice of violation shall have ten (10) calendar days to appeal the notice of violation to the city's hearing officer by filing the appeal with the Director of Public Services.
(b) The hearing shall be informal. At the conclusion of the hearing, the Director, or designee, shall provide a written decision and the reasons therefore. The decision of the Director, or designee, may cancel the violation, mitigate the violation, or issue a notice of infraction.
(c) If the person to whom a notice of violation is issued fails to appeal, then a notice of infraction shall be issued.
(3) Notice of infraction.
(a) For a first infraction of a provision of this Chapter as set forth in subsection (1), the infraction shall be a Class 3 civil infraction as classified in Section 1.02.020 PCC for the purpose of determining the amount of a penalty forfeiture.
(b) For a second infraction of the same provision of this Chapter as set forth in subsection (1) occurring within a twelve-month period from the date of the first infraction, the second infraction shall be a Class 2.5 civil infraction as classified in Section 1.02.020 PCC for the purpose of determining the amount of a penalty forfeiture.
(c) For a third and subsequent infractions of the same provision of this Chapter as set forth in subsection (1) occurring within a twelve-month period from the date of the first infraction, each infraction shall be a Class 2 civil infraction as classified in Section 1.02.020 PCC for the purpose of determining the amount of each penalty forfeiture.
(4) Presumption. In any action brought to enforce the provisions of 5.40.030(1) or 5.40.040 the fact that the premises is receiving water service from the city shall be prima facie evidence and raise a rebuttable presumption that solid waste is being generated on that premises for which regular removal service by a solid waste collector is mandatory.
(5) Enforcement personnel. Enforcement of the penalty provisions of this section may be by any police officer or an enforcement officer; provided, however, an enforcement officer shall not enforce the provisions of 5.40.080(2). (Ord. 98-1 §1, 1998; Ord. 95-21 §4, 1995; Ord. 90-13 §11, 1990).