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13
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2012
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022112
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13
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2/16/2012 2:11:54 PM
Creation date
2/14/2012 1:41:07 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
2/21/2012
DESTRUCT DATE
15Y
DOCUMENT NO
13
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SECTION 7 (Recordkeeping and Inspection) <br /> (a) Every Store shall keep complete and accurate records of the number of Recycled <br /> Paper Bags and the number of Reusable Bags purchased and sold each month at <br /> the Store during the period commencing July 1,2012 and ending December 31, <br /> 2013. The store shall also keep complete and accurate records of the days on <br /> which free Reusable Bags are distributed pursuant to section 4(e)of this <br /> Ordinance. All records required by this Ordinance shall be available for <br /> inspection within 7 days of the Authority's request at no cost to the Authority <br /> during regular business hours by any Authority Representative authorized to <br /> enforce this Ordinance. Unless an alternative location or method of review is <br /> mutually agreed upon, the records or documents shall be available at the Store <br /> address. <br /> (b) The provision of false information including incomplete records or documents <br /> to the Authority shall be a violation of this Ordinance. <br /> (c) Authority Representatives are authorized to conduct any other inspections <br /> reasonably necessary to further the goals of this Ordinance, subject to <br /> applicable laws. <br /> SECTION 8 (Enforcement and Phasing) <br /> (a) An enforcement action shall not be taken in any Covered Jurisdiction without <br /> written approval from the Primary Enforcement Representative of that Covered <br /> Jurisdiction. The Primary Enforcement Representative shall provide approval or <br /> disapproval of a proposed enforcement action in a timely manner. <br /> (b) Violation of any provision of this Ordinance shall constitute grounds for <br /> assessment of a notice of violation and fine by an Authority Representative in <br /> accordance with Government Code § 53069.4 or as the code shall subsequently be <br /> amended or reorganized. Where an enforcement action is necessary to enforce this <br /> Ordinance, the Enforcement Official will typically issue a notice of violation as <br /> authorized in this subsection prior to taking the actions authorized pursuant to <br /> sections 8(c) or 8(d) of this Ordinance. A separate notice of violation and fine may <br /> be imposed for each day on which a violation occurs. The fine shall not exceed <br /> the amounts detailed for misdemeanors in Section 8(d) of this Ordinance. The <br /> 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 <br /> notice of violation. The fine must be paid within 30 days of the notice of violation <br /> and must be deposited prior to any requested hearing. A hearing, by a hearing <br /> officer, will be held only if it is requested within 30 days of the notice of violation. <br /> Evidence may be presented at the hearing. If it is determined that no violation <br /> occurred, the amount of the fine shall be refunded within 30 days. The Authority <br /> shall serve the final order on the Person subject to the notice of violation by first <br /> class, overnight or certified mail. <br /> (c) Violation of any provision of this Ordinance may be enforced by a civil action <br /> including an action for injunctive relief. <br /> 6 <br /> 76 <br />
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