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7.C. - Page 5 Clerk, and shall be at all times maintained by the Clerk for use and examination by the public. 13.182 Authorization of Enforcement by San Mateo County Personnel The County of San Mateo, its officers, employees and agents are hereby authorized to enforce on behalf of the city. Chapter 4.107, "Prohibition on the Use of Polystyrene Based Disposable Food Service Ware by Food Vendors" of Title 4 of the San Mateo County ordinance code, and any amendments therefor, within the jurisdiction of the city. Such enforcement authority includes, but is not limited to, the collection of fees and fines, expending such revenue in the enforcement of the prohibition on the use of polystyrene based disposable food service are by food vendors, holding hearings, suspending permits, and issuing administrative fines. Section. 13.183 Penalties —Administrative Fine (a) Grounds for Fine. A fine may be imposed upon findings made by the Director of the Environmental Health Division, or his or her designee, that any food vendor has used polystyrene-based disposable food service ware in violation of this Chapter (b) Amount of Fine. Upon findings made under subsection (a), the food vendor shall be subject to an administrative fine as follows: (1) A fine not exceeding one hundred dollars ($100) for a first violation; (2) A fine not exceeding two hundred dollars ($200) for a second violation; (3) A fine not exceeding five hundred dollars ($500) for the third and subsequent violations; (4) Each day that a food vendor uses polystyrene-based disposable food service ware when providing prepared food shall constitute a separate violation. (c) Fine Procedures. Notice of the fine shall be served on the food vendor. The notice shall contain an advisement of the right to request a hearing before the San Mateo Director of the Environmental Health Division or his or her designee contesting the imposition of the fine. The grounds for the contest shall be either that (1) the food vendor did not use polystyrene-based disposable food service ware when providing prepared food or (2) the food vendor would have been granted an exemption under San Mateo County's ordinance section 4.107.050 if the food vendor had applied for such exemption. Said hearing must be requested within ten days of the date appearing on the notice of the fine. The decision of the Director of the Environmental Health Division shall be based upon a finding that one of the above listed grounds for a contest have 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 Director of the Environmental Health Division or his or her designee after the hearing, the fine shall be referred to a collection agency. ATTY/ORD.370/FOOD WARE ORDINANCE(POLYSTYRENE) REV:03-19-12 Page 2 of 3