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(1) In addition to, and not in lieu of any other enforcement mechanism authorized by this code the city manager or designee may impose upon the person responsible for violation of subsection (1) of section 4.050 of this code, an administrative civil penalty as provided by section 2.018 of this code. For purposes of this subsection, there is a rebuttable presumption that a person responsible includes those persons referenced in subsections 4.050(4)(a)-(f).

(2) Notwithstanding the appeal procedures of sections 2.018 and 2.021 of this code, an individual presumed responsible under subsection 4.050(4) for payment of an administrative civil penalty may appeal the imposition of the administrative civil penalty within 10 days of the date of the civil penalty is imposed. The individual presumed responsible shall submit with the notice of appeal to the city manager or designee a written declaration made under penalty of perjury or a sworn affidavit that the person did not cause, authorize, or permit the posting of material in violation of subsection 4.050(1). A notice of appeal that does not contain such a declaration shall be dismissed.

(3) Upon a determination by the city manager, or the manager’s designee, that a responsible person failed to request the exemption allowed under section 4.190(4)(b) and allowed drinking, or failed to post the signs or distribute the handbills containing the information as required by section 4.190(4)(b), the city manager may impose upon the violator an administrative civil penalty. A first violation is subject to a fine of $200. Second and subsequent violations are subject to fines of $500. Upon the imposition of a third civil penalty to the same responsible person within a period of 12 months from the first penalty imposed, in addition to the civil penalty, the exemption provided under section 4.190(4)(b) shall be revoked for a period of one year. Upon the expiration of the one year period, the responsible person may again make a request for the exemption as provided in section 4.190(4)(b).

(4) In addition to enforcement mechanisms authorized elsewhere in this code, failure to pay an administrative civil penalty imposed pursuant to this section constitutes a violation of this code.

(5) Second and subsequent violations of subsection (1) of section 4.672 of this code within a twelve-month period are subject to the imposition of response costs as defined in section 4.670 of this code.

(6) Upon fourth and any subsequent violation of subsection (1) of section 4.672 of this code within a twelve-month period, at a property as defined in section 4.670 of this code, the owner of the property is subject to the imposition of response costs as defined in section 4.670 of this code.

(7) In addition to, and not in lieu of any other enforcement mechanism authorized by this code the city manager or designee may impose upon the person responsible for violation of sections 4.083 through 4.084, section 4.335, section 4.340, section 4.430 and sections 4.570 through 4.584 of this code, and violations of administrative rules adopted under sections 4.570 through 4.584 of this code, an administrative civil penalty as provided by section 2.018 of this code.

(8) In addition to, and not in lieu of any other enforcement mechanism authorized by this code the city manager or designee may impose upon the person responsible for violation of section 4.934 of this code, an administrative civil penalty as provided by section 2.018 of this code.

(Section 4.996 added by Ordinance No. 20221, enacted January 22, 2001, effective February 21, 2001; and amended by Ordinance No. 20392, enacted September 26, 2007, effective October 26, 2007; Ordinance No. 20504, enacted January 28, 2013, effective March 2, 2013; Ordinance No. 20507, enacted February 20, 2013, effective March 25, 2013; administratively corrected on March 25, 2013; amended by Ordinance No. 20537, enacted July 28, 2014, effective August 29, 2014; and Ordinance No. 20591, enacted May 14, 2018, effective June 16, 2018.)