In the performance of his or her duties, the Health Officer and duly authorized agents shall have the authority and immunities of public officers and employees as set forth in Penal Code Section 836.5 to make arrests without a warrant whenever he or she has a reasonable cause to believe that the person to be arrested has committed a misdemeanor in his or her presence which is in violation of any provision of Title 6 of this code wherein he or she has the authority to enforce, or any other title of the code, or any ordinance or statute which he or she has the authority to enforce.
(SCC 30 § 1, 1971)
a. 
Notwithstanding the provisions of Section 1.01.190, a violation of any of the provisions of Title 6 or State law, or failure to comply with any of the regulatory requirements of Title 6, is an infraction subject to the procedures described in Section 19(c) and 19(d) of the California Penal Code.
b. 
Any person, whether as a principal or agent, employer or employee, who violates any of the provisions of this title, State law, or the rules and regulations of the Health Officer established pursuant to the provisions of this title is, upon conviction, guilty of an infraction, and each day that conditions or actions in violation continue shall be deemed to be a separate and distinct offense.
c. 
Every violation of Title 6 is punishable by:
1. 
A fine not exceeding $250 for a first violation;
2. 
A fine not exceeding $500 for a second violation of the same ordinance provisions within one year;
3. 
A fine not exceeding $1,500 for each additional violation of the same ordinance provision within one year.
(SCC 576 § 4, 1983; SCC 1322 § 7, 2006; SCC 1333 § 28, 2006)
a. 
Pursuant to California Health and Safety Code Section 25404.1.1, the Environmental Management Department is the Certified Unified Program Agency (CUPA) which is statutorily authorized to issue an enforcement order and impose administrative penalties for those violations described in subsection (a) of that section. The provisions of this section are intended to apply exclusively to those enforcement actions issued pursuant to California Health and Safety Code Section 25404.1.1(a), as further described in Chapters 6.34, 6.35, 6.96 and 6.98 of this code.
b. 
Pursuant to California Health and Safety Code Section 25404.1.1(d), any person served with an enforcement order, who has been unable to resolve any violation with the CUPA, may within 15 days after service of the order, request a hearing by filing with the CUPA a notice of defense. A notice of defense shall be deemed filed within the 15 day period if it is postmarked within that period.
c. 
Pursuant to California Health and Safety Code Section 25404.1.1(e) any notice of defense filed by a party requesting a hearing on an enforcement order issued by the CUPA shall specify the type of presiding officer selected. The presiding officer shall be either an administrative law judge of the Office of Administrative Hearings of the Department of General Services of the State of California or the Hearing Officer designated by the CUPA pursuant to Health and Safety Code Section 25404.1.1(e)(2)(A).
d. 
The hearing decision issued by a presiding officer imposing an administrative penalty or upholding an enforcement order of the agency, in whole or in part, pursuant to Section 25404.1.1(a) of the California Health and Safety Code, shall be effective and final upon issuance by the presiding officer. The decision or any portion thereof shall not be reduced, mitigated, changed, or rejected by the CUPA. A copy of the decision shall be served by personal service or by certified mail upon the party subject to the order within five days of receipt of the decision by the agency.
e. 
The decision of the presiding officer shall not be subject to a petition for reconsideration. In serving a copy of the decision upon the responding party, the CUPA shall advise the responding party in writing that reconsideration is not available and that any request for judicial review pursuant to Government Code Section 11523 must be filed within 30 days of receipt of the decision.
f. 
The procedures described in this section shall apply to all administrative hearings requested pursuant to California Health and Safety Code Section 25404.1.1(d) which are pending an administrative hearing, judicial review, or appeal, as of the effective date of the ordinance codified in this section.
(SCC 1524 § 1, 2013)