Brawley Municipal Code Art. VIII Violation—Penalty

(a) In addition to any other remedy allowed by law, any person who violates a provision of the Brawley Fireworks Ordinance is subject to criminal sanctions, civil actions, and administrative penalties pursuant to chapter 19F of this Code.

(b) Notwithstanding the provisions of section 19F.3, the amount of an administrative penalty for a violation of the Brawley Fireworks Ordinance is:

1. One thousand dollars for the first violation;

2. Two thousand five hundred dollars for the second violation within one year of the first violation; and

3. Five thousand for each additional violation within one year of the first violation.

(c) Any host who violates article VII of the Brawley Fireworks Ordinance is liable for the response costs relating to the violation. All hosts who violate article VII of the Brawley Fireworks Ordinance in the same incident are jointly and severally liable for the response costs relating to the violation. The amount of response costs constitutes a debt owed to the city.

1. Notice of the response costs shall be served by first-class mail on the hosts liable for such costs. The notice shall contain the following information:

a. The name of the host who is liable for the response costs;

b. The address of the private property where the incident occurred;

c. The date and time of the response;

d. The law enforcement, fire, or other emergency response personnel who responded; and

e. An itemized list of the response costs.

2. Payment for response costs shall be remitted to the city of Brawley within thirty calendar days of the date of the notice. The payment of any such costs shall be stayed upon the filing of a timely appeal.

3. A host charged with response costs may, within ten calendar days of the date of the notice of response costs, appeal the response costs in accordance with Section 19F.7 of this Code. The appeal hearing shall be scheduled and conducted in the manner prescribed in therein. Failure to timely file an appeal constitutes a failure to exhaust available administrative remedies, and bars any further review or administrative appeal of the response costs.

(d) Violations of the Brawley Fireworks Ordinance are hereby declared to be a public nuisance.

(e) All remedies prescribed under the Brawley Fireworks Ordinance are cumulative and the election of one or more remedies does not bar the city from the pursuit of any other remedy available to the city.

(Ord. No. 2021-06, § 3, 6-1-2021)