(a) Cumulative Remedies. The remedies provided by this section are cumulative and in addition to any other remedies available at law or in equity.
(b) Administrative Remedies. The Director may enforce the provisions of Sections 468.3 through 468.5 by serving a Notice of Violation requesting a Chain Restaurant to appear at an administrative hearing before the Director at least 20 days after the Notice of Violation is mailed. At the hearing, the Chain Restaurant cited with violating the provisions of these sections shall be provided an opportunity to refute all evidence against it. The Director shall oversee the hearing and issue a ruling within 20 days of its conclusion. The Director's ruling shall be final. If the Director finds that a Chain Restaurant has violated any of the provisions of Sections 468.3 through 468.5 or refuses to comply with these sections, the Director may order either of the following penalties:
(1) Suspension or revocation of the permit issued by the Director pursuant to Sections 451 et seq. of this Code; or
(2) An administrative fine in an amount (1) not exceeding one hundred dollars ($100.00) for a first violation; (2) not exceeding two hundred dollars ($200.00) for a second violation within one year; (3) not exceeding five hundred dollars ($500.00) for each additional violation within one year. In assessing the amount of the administrative penalty, the Director shall consider any one or more of the relevant circumstances presented by any of the parties to the hearing, including but not limited to the following: the nature and seriousness of the misconduct, the number of violations, the persistence of the misconduct, the length of time over which the misconduct occurred, the willfulness of the Chain Restaurant's misconduct, and the Chain Restaurant's assets, liabilities, and net worth. Any penalty assessed and recovered pursuant to this paragraph shall be paid to the City Treasurer and credited to the Department Environmental Health Section Special Revenue Account.
(c) Civil Penalties. Violations of Sections 468.3 through 468.5 are subject to a civil action brought by the City Attorney, punishable by a civil fine not less than two hundred fifty dollars ($250.00) and not exceeding five hundred ($500.00) per violation. Unless otherwise specified in this section, each day of a continuing violation shall constitute a separate violation. In assessing the amount of the civil penalty, the court shall consider any one or more of the relevant circumstances presented by any of the parties to the case, including but not limited to the following: the nature and seriousness of the misconduct, the number of violations, the persistence of the misconduct, the length of time over which the misconduct occurred, the willfulness of the defendant's misconduct, and the defendant's assets, liabilities, and net worth. Any penalty assessed and recovered in an action brought pursuant to this paragraph shall be paid to the City Treasurer and credited to the Department Environmental Health Section Special Revenue Account.
(d) Action for Injunction. The City Attorney may bring a civil action to enjoin a violation of Sections 468.3 through 468.5.
(e) Aiding and Abetting. Causing, permitting, aiding, abetting, or concealing a violation of any provision of Sections 468.3 through 468.5 shall also constitute a violation of this ordinance.
(f) Enforcement Agency. The Department of Public Health shall supervise compliance with Sections 468.3 through 468.5 and shall enforce those sections. The Director may adopt rules and regulations to give effect to those sections. In addition to the reporting requirements of Section 468.5, the Director may request information from Chain Restaurants that is reasonably necessary to the enforcement of those sections. The Department may impose the penalties provided in this Section for failure to comply with such a request. Notwithstanding, any other person legally permitted under Federal law, under State law, under Sections 468.3 through 468.5, or under other provisions of this Code to enforce a provision of these sections may enforce that provision. Such persons may include, for example: peace officers; code enforcement officials; and City officials, employees, and agents.
(g) Fees. In order to implement the requirements set forth in this ordinance, the Department of Public Health is hereby authorized to impose a surcharge of $350.00 for the permit issued to Chain Restaurants pursuant to Sections 451 et seq. of this Code.
