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05/07/2012 <br /> t�e Environmental Heafth Division, or his or her designee, that any food vendor <br /> has used polystyrene-based disposable food service ware in viofation of this <br /> Chapter. <br /> (b) Amount of Fine. Upon findings made under subsection (a), the food vendor shali <br /> be subject to an administrative fine as follows: <br /> (1) A fine not exceeding one hundred dollars {$100} for a first violation; <br /> (2) A fine not exceeding two hundred dol(ars ($2p0} for a second violation; <br /> (3) A fine not exceeding five hundred dallars ($5Q0) for the third and subsequent <br /> violations; <br /> (4) Each day that a foad vendor uses polystyrene-based disposable food service <br /> ware when providing prepared food shal{ constitute a separate vialation. <br /> (c) Fine Procedures. Notice of the fine shafl be served on the food vendor. The notice <br /> shall contain an advisement af the right to request a hearing before the Director of <br /> the Environmentaf Health Division or his or her designee contesting the imposition <br /> of the fine. The grounds for the contest shall be either that (1 } the food vendor did <br /> not use polystyrene-based disposable food service ware when providing prepared <br /> food or (2) the food vendor wou(d have been granted an exemption under <br /> 4.107.050 if the food vendor had applied for such exemption. Said hearing must be <br /> requested within ten days of the date appearing on the notice of the fine. The <br /> decision of the Director af the Environmental Health Division shall be based upon <br /> a finding tha# one of the above listed graunds for a contest have been met and <br /> shall be a final administrative order, with no administrative right of appeal. <br /> (d} Failure to Pay Fine, !f said �ne is not paid within 30 days from the date appearing <br /> on the notice of th� fine or of the notice of determination af the Directar of the <br /> F•,�r-�•> <br /> � :. :> .:` r�,. <br /> ORD. # 2382 <br /> MUFF # 305 <br />