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03
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2013
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03
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12/5/2016 2:57:07 PM
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12/11/2013 3:08:59 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
12/17/2013
DESTRUCT DATE
15Y
DOCUMENT NO
03
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SECTION 11 (Enforcement) <br /> (a) An enforcement action under Sections 4, 5,or 8 of this Ordinance shall not be <br /> taken in any Covered Jurisdiction without written approval from the Primary <br /> Enforcement Representative of that Covered Jurisdiction. The Primary <br /> Enforcement Representative shall provide approval or disapproval of a proposed <br /> 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 <br /> this Ordinance, the Enforcement Official will typically issue a notice of violation <br /> as authorized in this subsection prior to taking the actions authorized pursuant to <br /> section 11(c)or 11(d) of this Ordinance. A separate notice of violation and fine <br /> may be imposed for each day on which a violation occurs. The fine shall not <br /> exceed the amounts detailed for misdemeanors in Section 11(d)of this Ordinance. <br /> The notice of violation shall list the specific violation and fine amount and <br /> describe how to pay the fine and how to request an administrative hearing to <br /> contest the notice of violation. The fine shall be paid within 30 days of the notice <br /> of violation and shall be deposited prior to any requested hearing. A hearing,held <br /> by a hearing officer,will be held only if it is requested within 30 days of the <br /> notice of violation. Evidence may be presented at the hearing. The Executive <br /> Director,or its designee, shall conduct the hearing and issue a final written order. <br /> If it is determined that no violation occurred, the amount of the fine shall be <br /> refunded within 30 days. The Authority shall serve the final order on the Person <br /> subject to the notice of violation by overnight,certified or first class 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 /> (d) Violation of any provision of this Ordinance shall constitute a misdemeanor <br /> punishable by a fine not to exceed$500 for the first violation,a fine not to exceed <br /> $750 for the second violation within one year and a fine not to exceed$1000 for <br /> each additional violation within one year. Violation of any provision of this <br /> Ordinance may also be enforced as an infraction punishable by a tine not to <br /> exceed$100 for the first violation,a fine not to exceed$200 for the second <br /> violation within one year and a fine not to exceed$500 for each additional <br /> violation within one year. There shall be a separate offense for each day on which <br /> a violation occurs. <br /> (e) Enforcement pursuant to this Ordinance may be undertaken by the Authority <br /> through its Enforcement Official,counsel,or any Authority Representative. In <br /> any enforcement action,the Authority shall be entitled to recover its attorneys' <br /> fees and costs from any Person who violates this Ordinance. <br /> 14 <br />
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