Sec. 14-20. Enforcement and Remedies.
Violations of this Article shall be enforced as follows:
a.The Director shall be primarily responsible for enforcing this Article.
b.The Director, in accordance with applicable law, including Title 13 of Part 3 of the California Code of Civil Procedure, may inspect the premises of any food provider to verify compliance; provided, that the premises is located within the City.
c.For a first violation of the provisions of this Article, the City shall provide notice to the person(s) violating this Article that a violation has occurred.
d.For any violation after the first violation, the Director, the Director’s designees, officers of the Police Department, or attorneys of the City Attorney’s Office shall have the authority to take any one or more of the following actions:
1.Issue an administrative citation pursuant to Article 2 of Chapter 1 of this code, including the imposition of a fine pursuant to the City’s Administrative Citation Fine Schedule, as it may be amended.
A.Food providers, special event participants, and any other person who violates any provision of this Article in connection with a special event (as that term is used in Article 1 of Chapter 32 of this code), shall be assessed a progressive administrative fine, which shall increase in amount depending upon the number of persons at said special event, in accordance with the City’s Administrative Citation Fine Schedule.
2.Prosecute the violation as a criminal infraction or a misdemeanor.
3.Petition a court of competent jurisdiction for injunctive and/or declaratory relief.
4.Seek any other remedy available at law, in equity, and/or by statute. (Ord. 3590 § 5, 2018)