§ 10.68.050. Enforcement and appeals.

A.

Enforcement.

1.

Any employer who violates or refuses to comply with the provisions of this chapter within sixty (60) days of written notice to comply may be guilty of an infraction as set forth in Section 1.28.020B of this municipal code.

2.

Each day such violation continues shall constitute a separate offense.

3.

Any employer convicted of an infraction under the provision of this chapter shall be punished upon a first conviction of a fine of not more than one hundred dollars ($100.00) and, for a second within a period of one year, by a fine of not more than two hundred dollars ($200.00) and for a third or any subsequent conviction within a one-year period, by a fine of not more than five hundred dollars ($500.00). Any violation beyond the third conviction within a one-year period may be charged by the City Attorney or the District Attorney as a misdemeanor and the penalty for conviction of the same shall be punishable by a fine of not more that one thousand dollars ($1,000.00) or by imprisonment in the county jail for a period of not more than six months or by both.

4.

The Director of Public Works or his or her designee shall enforce this chapter against violations by any of the following actions:

a.

Receiving and investigating complaints related to the violation of this chapter;

b.

Serving notice requiring the correction of any violation of this chapter;

c.

Calling upon the City Attorney to maintain an action for injunction to enforce the provisions of this chapter and to cause the correction of any such violation through all appropriate equitable and legal means;

d.

Issuing an infraction citation;

e.

Any other available equitable and legal means.

B.

Appeals. Employers may appeal decisions or determinations of the Director of Public Works or his or her designee made under this chapter as follows:

1.

Appeals to the City Manager. Within ten calendar days after the date of a decision by the Director of Public Works or his or her designee, an appeal from said decision may be taken to the City Manager by the employer. In the event the last date of appeal falls on a weekend or holiday when city offices are closed, the next date such offices are open for business shall be the last date of appeal. Such appeal shall be made on a form prescribed by the Director of Public Works and shall be filed with the City Manager. The appeal shall state specifically wherein its is claimed there was error or abuse of discretion or wherein its decision is not supported by the evidence in the record. Upon receipt of such appeal, the City Manager shall set the date for consideration thereof and shall, not less than ten days prior thereto, give written notice to the appellant, or to the attorney of such party, of the date and place of the hearing on the appeal.

2.

Appeals to the City Council. Within ten calendar days after the date of a decision by the City Manager's Office, an appeal from said decision may be taken to the City Council by the employer. In the event the last date of appeal falls on a weekend or holiday when city offices are closed, the next date such offices are open for business shall be the last date of appeal. Such appeal shall be made on a form prescribed by the Director of Public Works and shall be filed with the City Clerk. The appeal shall state specifically wherein it is claimed there was an error or abuse of discretion or wherein its decision is not supported by the evidence in the record. Upon receipt of such appeal, the Council shall set the date for consideration thereof. The City Clerk shall notify the Director of Public Works of the receipt of said appeal and of the date set for consideration thereof; and the Director of Public Works shall, not less than ten days prior thereto, give written notice to the appellant, or to the attorney of such party, of the date and place of the hearing on the appeal.

3.

Appeals are limited to the following:

a.

That the employer is not subject to regulation;

b.

That the employer can most effectively accomplish the purpose of this chapter without complying with its requirements;

c.

That the Director of Public Works or his or her designee has incorrectly denied an extension of time; or

d.

That compliance would violate the employer's existing labor contracts.

4.

Appeals to the City Manager and/or City Council shall be assessed a fee, as established in the master fee schedule.

5.

Penalties under Section 1.28.020B of this municipal code do not accrue until thirty (30) days following the determination of the appeal.

(Prior traffic code § 406)