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05/07/2012 <br /> amendments therefore, are hereby adopted and made effective in this city. Certified <br /> copies of Chapter 4.107 of Title 4, as adopted hereby, have been deposited with the City <br /> Clerk, and shall be at all times maintained by the Clerk for use and examination by the <br /> public. <br /> 13.182 Authorization of Enforcement by San Mateo County Personnel <br /> The County of San Mateo, its officers, employees and agents are hereby authorized to <br /> enforce on behalf of the city. Chapter 4.107, "Prohibition on the Use of Polystyrene <br /> Based Disposable Food Service Ware by Food Vendors" of Title 4 of the San Mateo <br /> County ordinance code, and any amendments therefor, within the jurisdiction of the city. <br /> Such enforcement authority includes, but is not limited to, the collection of fees and <br /> fines, expending such revenue in the enforcement of the prohibition on the use of <br /> polystyrene based disposable food service are by food vendors, holding hearings, <br /> suspending permits, and issuing administrative fines. <br /> Section. 13.183 Penalties — Administrative Fine <br /> (a) Grounds for Fine. A fine may be imposed upon findings made by the <br /> Director of the Environmental Health Division, or his or her designee, that any food <br /> vendor has used polystyrene-based disposable food service ware in violation of this <br /> Chapter <br /> (b) Amount of Fine. Upon findings made under subsection (a), the food <br /> vendor shall be subject to an administrative fine as follows: <br /> (1) A fine not exceeding one hundred dollars ($100) for a first <br /> violation; <br /> (2) A fine not exceeding two hundred dollars ($200) for a second <br /> violation; <br /> (3) A fine not exceeding five hundred dollars ($500) for the third and <br /> subsequent violations; <br /> (4) Each day that a food vendor uses polystyrene-based disposable <br /> food service ware when providing prepared food shall constitute a <br /> separate violation. <br /> (c) Fine Procedures. Notice of the fine shall be served on the food vendor. <br /> The notice shall contain an advisement of the right to request a hearing before the San <br /> Mateo Director of the Environmental Health Division or his or her designee contesting <br /> the imposition of the fine. The grounds for the contest shall be either that (1) the food <br /> vendor did not use polystyrene-based disposable food service ware when providing <br /> prepared food or (2) the food vendor would have been granted an exemption under San <br /> Mateo County's ordinance section 4.107.050 if the food vendor had applied for such <br /> exemption. Said hearing must be requested within ten days of the date appearing on the <br /> notice of the fine. The decision of the Director of the Environmental Health Division shall <br /> be based upon a finding that one of the above listed grounds for a contest have been <br /> met and shall be a final administrative order, with no administrative right of appeal. <br /> (d) Failure to Pay Fine. If said fine is not paid within 30 days from the date <br /> appearing on the notice of the fine or of the notice of determination of the Director of the <br /> Environmental Health Division or his or her designee after the hearing, the fine shall be <br /> referred to a collection agency. <br /> ATTY/ORD.370/FOOD WARE ORDINANCE (POLYSTYRENE) ORD. # 2382 <br /> Rev: 03-19-12 Page 2 of 3 MUFF # 305 <br />