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(1) For a first violation, the amount of the penalty shall be $50 to $100 per violation or such higher amount as may be established by the Enforcement Agency. (2) For a second violation, the amount of the penalty shall be $100 to $200 per violation or such higher amount as may be established by the Enforcement Agency. (3) For a third or subsequent violation, the amount of the penalty shall be $250 to $500 per violation or such higher amount as may be established by the Enforcement Agency. (e) Compliance Deadline Extension Considerations The Enforcement Agency may extend the compliance deadlines set forth in a Notice of Violation issued in accordance with this Section 12 if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following: (1) Acts of nature such as earthquakes, wildfires, flooding, and other emergencies or natural disasters; (2) Delays not within the control of respondant or their agents in obtaining discretionary permits or other government agency approvals; or, (3) Deficiencies in Organic Waste recycling infrastructure or Edible Food Recovery capacity and the MemberAgency is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies. (f) Appeals Process Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation. A hearing will be held only if it is requested within the time prescribed in the administrative citation and consistent with the Enforcement Agency's appeal procedures. (g) Education Period for Non -Compliance With respect to provisions of this Ordinance subject to enforcement starting January 1, 2024, the Enforcement Agency will, prior to that date, conduct Inspections, Remote Monitoring (if such a program is implemented), Route Reviews or waste evaluations, and Compliance Reviews, depending upon the type of regulated entity, to determine compliance, and if the Enforcement Agency determines that Organic Waste Generator, Self -Hauler, Regulated Hauler, Tier One Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this Ordinance and a notice -29-