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i r 6.2.A. - Page 41 i (a) Grounds for Fine. A fine may be imposed upon findings made by the Director of the i Environmental Health Division, or his or her designee, that any retail establishment has � provided a single-use carry-out bag to a customer in violation of this Chapter. i i (b) Amount of Fine. Upon findings made under subsection (a), the retail establishment i shall be subject to an administrative fine as follows: (1) A fine not exceeding one hundred dollars ($100.00) for a first violation; (2) A fine not exceeding two hundred dollars ($200.00) for a second violation; (3) A fine not exceeding five hundred dollars ($500) 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 Director of the Environmental Health Division or his or her designee 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 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 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 Pav 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. 4.114.070 Severability If any provision of this Chapter or the application of such provision to any person or in any circumstances shall be held invalid, the remainder of this Chapter, or the application of such provision to person or in circumstances other than those as to which it is held ' invalid, shall not be affected thereby. 4.114.080 Enforcement The Environmental Health Division is hereby directed to enforce this Chapter within an incorporated area of the County of San Mateo if the governing body of that incorporated area does each of the following: (a) Adopts, and makes part of its municipal code: (1) Chapter 4.114 of Title 4 in its entirety by reference; or (2) An ordinance that contains each of the provisions of this Chapter; and I i (b) Authorizes, by ordinance or resolution, the Environmental Health Division to enforce � i I