5.86.060 ADMINISTRATIVE FINES.

In the event that the County enforces this chapter on the City's behalf within the City limits, the following administrative fine provisions apply:

(a) Grounds for Fine. A fine may be imposed upon findings made by the San Mateo County Director of the Environmental Health that any retail establishment has provided a single-use carry-out bag to a customer in violation of this chapter.

(b) Amount of Fine. Upon findings made under subsection (a), the retail establishment shall be subject to an administrative fine as follows:

(1) A fine not exceeding $100.00 for a first violation;

(2) A fine not exceeding $200.00 for a second violation;

(3) A fine not exceeding $500.00 for the third and subsequent violations;

(4) Each day that a retail establishment has provided single-use carry-out bags to a customer constitutes a separate violation.

(c) Fine Procedures. Notice of the fine shall be served on the retail establishment. The notice shall contain an advisement of the right to request a hearing before the San Mateo County Director of the Environmental Health contesting the imposition of the fine. The grounds for the contest shall be that the retail establishment did not provide a single-use carry-out bag to any customer. Said hearing must be requested within 10 days of the date appearing on the notice of the fine. The decision of the San Mateo County Director of the Environmental Health shall be based upon a finding that the above-listed ground for a contest has been met and shall be a final administrative order, with no administrative right of appeal.

(d) Failure to Pay Fine. If said fine is not paid within 30 days from the date appearing on the notice of the fine or of the notice of determination of the San Mateo County Director of the Environmental Health after the hearing, either the City or the County is authorized to bring an action to collect any unpaid administrative fine.