§ 10-6

As used in this article the following terms shall have the following meanings:

(a) “Agricultural Land” means those land areas of the County specifically classed and zoned as Agricultural Preserve (A-P), Agricultural Exclusive (A-E), and Agricultural General (A-1), as those zones are defined in the Yolo County Zoning Ordinances.

(b) “Agricultural activity, operation, or facility or appurtenances thereof” means and includes, but is not limited to, the cultivation and tillage of the soil, dairying, the production, irrigation, frost protection, cultivation, growing, harvesting, and processing of any commercial agricultural commodity, including timber, viticulture, agriculture or horticulture, the raising of livestock, fur-bearing animals, fish or poultry, and any practices performed by a farmer or on a farm as incident to or in conjunction with such operations, including the application of pesticides, use of farm equipment, storage or preparation for market, delivery to storage or to market, or to carriers for transportation to market. (§ 2, Ord. 1133, eff. January 2, 1992)

(a) No agricultural activity, operation, or facility, or appurtenances thereof, conducted or maintained on agricultural lands for commercial purposes, and in a manner consistent with proper and accepted customs and standards, as established and followed by similar agricultural operations in the same locality, shall be or become a nuisance, private or public, due to any changed condition in or about the locality, after the same has been in operation for more than three (3) years if it was not a nuisance at the time it began.

(b) Subsection (a)of this section shall not apply if the agricultural activity, operation, or facility, or appurtenances thereof obstructs the free passage or use, in the customary manner, of any navigable lake, river, bay, stream, canal, or basin, or any public park, square, street, or highway.

(c) This section shall not invalidate any provision contained in the Health and Safety Code, Fish and Game Code, Food and Agricultural Code, or Division 7 (commencing with Section 13000) of the Water Code, if the agricultural activity, operation, or facility, or appurtenances thereof, constitute a nuisance, public or private, as specifically defined or described in any such provision.

(d) Notwithstanding any other provision of this Code, no action, alleging that an agricultural operation has interfered with private property or personal well-being, shall be maintained unless the plaintiff has sought and obtained a decision of the agricultural grievance committee provided in Section 10-6.104 of this chapter or a decision has been sought but no decision is rendered within the time limits provided in said section. This subsection shall not prevent a public agency from enforcing the provisions of other applicable laws without first resorting to the grievance procedure. (§ 2, Ord. 1133, eff. January 2, 1992)

This chapter shall take precedence over all ordinances or parts of ordinances or resolutions or parts of resolutions in conflict herewith. (§ 2, Ord. 1133, eff. January 2, 1992)

(a) Should any controversy arise regarding any inconveniences or discomfort occasioned by agricultural operations which cannot be settled by direct negotiation of the parties involved, either party may submit the controversy to a grievance committee as set forth below in an attempt to resolve the matter prior to the filing of any court action.

(b) Any controversy between the parties shall be submitted to the grievance committee within thirty (30) days of the later of the date of the occurrence of the particular activity giving rise to the controversy or the date a party became aware of the occurrence.

(c) The grievance committee shall consist of five (5) members appointed from the community at large by the Board of Supervisors, and serving at the pleasure of the Board of Supervisors, two (2) of whom shall be engaged in the commercial practice of agriculture, two (2) of whom shall have no financial interest in any agricultural property or operation, and one of whom shall have knowledge of and expertise in agricultural production practices. A majority of the members shall constitute a quorum of the grievance committee, and no decision shall be valid or binding unless taken upon a majority vote of the members present. The Yolo County Agricultural Commissioner shall be the Secretary who shall call meetings as the need arises and shall maintain minutes of each meeting. The committee shall adopt rules of procedure governing the conduct of its meetings. Members of the committee shall receive no compensation for carrying out these duties.

(d) The effectiveness of the grievance committee as a forum for resolution of disputes is dependent upon full discussion and complete presentation of all pertinent facts concerning the dispute in order to eliminate any misunderstandings. The parties are encouraged to cooperate in the exchange of pertinent information concerning the controversy.

(e) The controversy shall be presented to the committee by written request of one of the parties within the time limits specified. Thereafter the committee may investigate the facts of the controversy but must, within twenty-five (25) days, hold a meeting to consider the merits of the matter and within five (5) days of the meeting render a written decision to the parties. At the time of the meeting both parties shall have an opportunity to present what each considers to be pertinent facts. No party bringing a complaint to the committee for settlement or resolution may be represented by counsel unless the opposing party is also represented by counsel. The time limits provided in this subsection for action by the committee may be extended upon the written stipulation of all parties in a dispute.

(f) Any reasonable costs associated with the functioning of the grievance committee process shall be borne by the participants. The Board of Supervisors may, by resolution, prescribe fees to recover those costs. (§ 2, Ord. 1133, eff. January 2, 1992)

Article 2.

Agricultural Nuisances.

(a) Under Section 25842 of the Government Code, the Board of Supervisors may provide for the control or destruction of gophers, squirrels, vermin, other wild animals, noxious weeds, plant diseases, and insects injurious to fruit or fruit trees, vines, vegetables, or plant life. These items are considered to be Agricultural Nuisances. Section 25845 of the Government Code provides that the Board of Supervisors may establish by ordinance a procedure for the abatement of a nuisance.

(b) At present, the enforcement provisions of the Food and Agriculture Code are set forth in Chapters 6 and 7, Part 1, Division 4. These provisions call for a lien to be recorded on the subject property within 120 days in the event of

non-payment. If no payment is received within 120 days of recording the district attorney is required to foreclose on the lien or the lien ceases to exist. This enforcement provision is onerous and virtually impossible to implement.

(c) The Board finds that prompt and effective control of Agricultural Nuisances is essential to protect our agricultural operations. An ordinance with reasonable enforcement provisions is essential to accomplish this. This ordinance provides for the collection of unpaid abatement costs by the Treasurer-Tax Collector with the same priority as other County taxes as provided for under Section 25845(d) of the Government Code.

For the purposes of this Chapter, unless otherwise apparent from the context, certain words and phrases are defined as follows:

• (a) “Abatement” shall include the eradication, destruction, or control, to the satisfaction of the Agricultural Commissioner, of the Agricultural Nuisance.

• (b) “Agricultural Nuisance” include, but are not limited to, gophers, squirrels, vermin, other wild animals, noxious weeds, plant diseases, and insects injurious to fruit or fruit trees, vines, or vegetable or plant life.

• (c) “County Code” means the Yolo County Code.

(d) “Person” means any natural person, firm, joint venture, joint stock company, partnership, association, club, company, corporation, business trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them.

(e) “Responsible Person” is the person having control of or acting as an agent for the property. The term “Responsible Person” includes but is not limited to a property owner, tenant, or a person with a legal interest in, or possession of, real property where a nuisance occurs or exists.

The provisions of this chapter are not the exclusive regulation of Agricultural Nuisances within the unincorporated area of the County. The provisions of this chapter shall supplement and be in addition to the other regulatory codes, statutes, and laws heretofore or hereafter enacted by the County, the State, or any other legal entity or agency having jurisdiction.

Except as otherwise provided in this chapter, the provisions of this chapter shall be administered and enforced by the Agricultural Commissioner. In the enforcement of the provisions of this chapter, the Agricultural Commissioner or his designees may enter upon both private and public property to determine whether an Agricultural Nuisance exists pursuant to the provisions of this chapter.

Whenever an Agricultural Nuisance is ascertained to exist by the Agricultural Commissioner, the Agricultural Commissioner shall notify the person having control of or acting as an agent for the property, to abate or remove such nuisance within thirty (30) calendar days. Upon neglect or refusal of such person to comply with such notice, the Agricultural Commissioner may abate such nuisance, and the person having control of such premise or place, shall be liable to the County of Yolo for the cost of such abatement as provided for in Section 10-6.216.

The form of all Notices to Abate given under this Chapter shall be as follows:

• (a) All notices shall be in writing;

• (b) All notices shall include a description of the premises sufficient for identification;

• (c) All notices shall include a statement as to what Agricultural Nuisance exists on the property and why the notice is being issued;

• (d) All notices shall state that the Responsible Person has thirty (30) calendar days to abate the Agricultural Nuisance;

(e) All notices shall inform the Responsible Person of the right to appeal to the Agricultural Nuisance Appeals Board in writing within fifteen (15) days of receiving the Notice to Abate; and

(f) All notices shall include notification that should the Responsible Person fail to abate the Agriculture Nuisance, the Agricultural Commissioner or his designee shall have the right to abate such nuisance, and that the Responsible Person shall be liable to the County of Yolo for the cost of such abatement as provided for in Section 10-6.216.

A Notice to Abate or Remedy shall be served in the following manner:

• (a) Personal Service. In any case, where a Notice to Abate is issued:

• (1) The Agricultural Commissioner or his designee shall attempt to locate and personally serve the Responsible Person and attempt to obtain the signature of the Responsible Person on the Notice to Abate.

(2) If the Responsible Person served refuses or fails to sign the Notice to Abate, the failure or refusal to sign shall not affect the validity of the Notice to Abate or of subsequent proceedings.

(b) Service of Notice to Abate by Mail and Posting. If the Agricultural Commissioner is unable to locate the Responsible Person after reasonable efforts, the Notice to Abate shall be mailed by certified mail, postage prepaid with return receipt to the owner of the land as shown on the last equalized County assessment roll, to the last registered legal owner of record, and any other address that is reasonably calculated to give the Responsible Person actual notice of the Notice to Abate. The Agricultural Commissioner shall also post the Notice to Abate on the subject real property within the County. Service shall be effective upon mailing or posting, whichever is later.

The Agricultural Nuisance Appeals Board shall consist of the same members as the Right To Farm Grievance Committee established in Section 10-6.104(c) of the Yolo County Code.

The Responsible Person may request a hearing in writing with the Agricultural Nuisance Appeals Board within fifteen (15) calendar days of service of notice to abate or remove. A request for a hearing shall temporarily suspend the obligation to abate or remove the Agricultural Nuisance demanded in the Notice until the appeal has been heard. Such hearing shall take place as soon as practicable after the request is made. The right to an appeal shall be deemed waived if the Responsible Person fails to request an appeal within fifteen (15) calendar days of service of the Notice to Abate.

Notice of a hearing shall be mailed at least ten (10) days before the hearing by certified mail, with return receipt, to the person requesting the hearing. Notice shall also be provided to the owner of the land as shown on the last equalized County assessment roll and to the last registered and legal owner of record. If any of such notices are

returned undelivered by the United States Post Office, the hearing shall be continued to a date not less than ten (10) days from the date of such return.

All hearings held pursuant to the provisions of this chapter shall be held before the Agricultural Nuisance Appeals Board, which shall hear all facts and testimony it deems pertinent. Such facts and testimony may include testimony on the condition of the property, or part thereof, and the circumstances concerning the Agricultural Nuisance. The Agricultural Nuisance Appeals Board shall not be limited by the technical rules of evidence. The person requesting the appeal may appear in person at the hearing, or present a written statement in time for consideration at the hearing, and deny responsibility for the Agricultural Nuisance on the land, with his or her reasons for such denial.

The Agricultural Nuisance Appeals Board may recommend to the Board of Supervisors such conditions and other actions as it deems appropriate under the circumstances to carry out the purposes of this chapter, including, but not limited to, a delay in the time for removal of the Agricultural Nuisance, if, in its opinion, the circumstances so justify. At the conclusion of the hearing, the Agricultural Nuisance Appeals Board may determine that the property, or part thereof, is an Agricultural Nuisance, and recommend that the nuisance be removed from the property and disposed of as provided for in this chapter. The Agricultural Nuisance Appeals Board may also determine the administrative costs and the cost of removal to be charged against the owner of the parcel of land on which the Agricultural Nuisance is located in accordance with Section 10-6.216. The recommendation of removal shall include a description of the property, or part thereof, the correct assessor’s parcel number and the Agricultural Nuisance to be removed from the property. If a written presentation is made to the Agricultural Nuisance Appeals Board, the person providing the written presentation shall be notified in writing of the recommendation.

The Board of Supervisors may adopt the recommendation of the Agricultural Nuisance Appeals Board without further notice of hearing or may set the matter for hearing at a regular Board meeting.

Should the Board of Supervisors adopt the recommendation of the Agricultural Nuisance Appeals Board, notice of the decision shall be provided to the person who requested the hearing, as well as the owner of the land as shown on the last equalized County assessment roll and to the last registered and legal owner of record.

Should the Board of Supervisors set the matter for hearing at a regular Board meeting, notice of the hearing shall be mailed to the person who requested the hearing. Notice shall also be provided the owner of the land as shown on the last equalized County assessment roll and to the last registered and legal owner of record. Notice shall be given at least ten (10) days before the hearing by certified mail, with a return receipt. If any of such notices are returned undelivered by the United States Post Office, the hearing shall be continued to a date not less than ten (10) days from the date of such return.

Unless otherwise provided for at the hearing, within fifteen (15) days after the adoption of the decision declaring the property, or parts thereof, to be an Agricultural Nuisance, the Agricultural Nuisance must be removed or remedied.

Consistent with California Government Code Section 25845(a), nothing in this Section is intended to prohibit the summary abatement of an Agricultural Nuisance by the Agricultural Commissioner, if the Agricultural Commissioner determines that the Agricultural Nuisance constitutes an immediate threat to public health or safety.

When the Agricultural Commissioner has contracted for the removal of an Agricultural Nuisance declared pursuant to the provisions of this chapter, such person shall be authorized to enter upon the property to remove or cause the removal the Agricultural Nuisance.

Consistent with California Government Code Section 25845(b), the owner of the property upon which an Agricultural Nuisance is found to exist shall be liable for all costs of abatement incurred by the County, including, but not limited to, administrative costs and any and all costs incurred in the physical abatement of the nuisance. An invoice detailing these costs shall be mailed to the Responsible Person, the owner of the land as shown on the last equalized County assessment roll and to the last registered and legal owner of record.

If the costs of abatement which are charged against the owner of a parcel of land pursuant to the provisions of Section 10-6.216 of this chapter are not paid within thirty (30) days from the date payment is requested, pursuant to the provisions of Section 25845(d) of the Government Code, such costs shall be specially assessed against the parcel of land and shall be transmitted to the Treasurer-Tax Collector for collection in the same manner as ordinary County taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as are provided for ordinary County taxes. Such assessment shall have the same priority as other County taxes and all laws applicable to the levy, collection, and enforcement of county taxes are applicable to the special assessment.

If the cost of the abatement is assessed against the parcel, a Notice of Abatement Lien shall be recorded. The notice shall (1) identify the record owner or possessor of property, (2) state the last known address of the record owner or possessor, (3) state the date upon which abatement of the nuisance was ordered and the date the abatement was completed, and (4) include a description of the real property subject to the lien and the amount of the abatement cost. Recordation of a Notice of Abatement Lien has the same effect as recordation of an abstract of a money judgment. The lien created has the same priority as a judgment lien on real property and continues in effect until released. Upon order of the Agricultural Commissioner, and Notice of Abatement Lien created under this section may be released or subordinated in the same manner as a properly recorded judgment lien on real property may be released or subordinated. (§ 1, Ord. 1333, effective May 26, 2005)

Article 3.

Organic Certification

(a) The Board of Supervisors recognizes the importance of agriculture and the promotion of sustainable agricultural practices. The Board finds that local certification of organic products is a unique opportunity to encourage, and enhance, existing agricultural operations, as well as insure the integrity of the existing organic program. A local certification program will assist in verifying compliance with organic standards, providing verification of organic

products for consumers, and facilitating and encouraging the implementation of organic practices that contribute to a more sustainable management of our agricultural system.

(b) Therefore, for the reasons set forth in subsection (a), the Board of Supervisors of the County of Yolo makes the following findings:

(1) Consumer demand for certified organic products, as defined below, is increasing, with an annual growth rate of more than 20 percent per year. There is an expectation by consumers that certified organic products are verifiable. With this in mind, the County’s Agricultural Commissioner developed an organic certification program to certify local products as organic with the help of the agricultural community.

(2) Local certification of organic products will accomplish a number of desirable aims, including: verifying the authenticity of agricultural products marketed as organically grown; enhancing the credibility of organic agriculture, as defined below, as a sustainable system; enhancing the preservation of our environment to optimize the health of microorganisms, plants, animals, and people; assuring consumers that certified organic products adhere to established laws and standards; facilitating commerce in fresh and processed food that is organically produced; and encouraging organic agriculture in the County of Yolo.

For the purposes of this Article, unless otherwise apparent from the context, certain words and phrases are defined as follows:

(a) “Accreditation” means a determination made by the Secretary that authorizes a private, foreign, or State entity to conduct certification activities as a certifying agent under the National Organic Program.

(b) “Act” means the Organic Foods Production Act of 1990, as amended (7 U.S.C. section 6501, et seq.).

(c) “Administrator” means the Administrator for the Agricultural Marketing Service, United States Department of Agriculture, or the representative to whom authority has been delegated to act in the stead of the Administrator.

(d) “Agricultural Commissioner” means the Yolo County Agricultural Commissioner or the Commissioner’s designated representative.

(e) “Agriculture” means the science, art and business of cultivating the soil, producing crops and/or raising livestock.

(f) “Agricultural commodities” means commodities or products of agriculture, raw or processed, including any commodity or product derived from livestock that is marketed for human or livestock use or consumption.

(g) “Area” means the physical space surrounding food where there is more than a negligible chance of a prohibited material being absorbed by, incorporated into, or adhered to the food, soil, or growing medium. The area may differ significantly depending on the circumstances. Except in the case of the production of food, area shall not include any physical space surrounding food if an intervening event, such as the use of a cleaning method for processing

equipment, or the passage of time, has made the chance of a prohibited material being absorbed by, incorporated into, or adhered to the food, negligible.

(h) “Certify,” “certification,” or “certified” means a determination made by a certifying agent that a production or handling operation is in compliance with the Act and its regulations, applicable provisions of California law, and this ordinance, which shall be documented by a certificate of organic operation.

(i) “Certified organic products” refers to Agricultural Commodities that are certified in accordance with the Act and its regulations, applicable provisions of California law, and this ordinance.

(j) “Certified operation” or “certified organic operation” means a crop or livestock production, wild-crop harvesting or handling operation that is certified by an accredited certifying agent as utilizing a system of organic production or handling as described by the Act and its corresponding regulations.

(k) “Certifying agent” means any entity accredited by the federal Secretary of Agriculture as a certifying agent for the purpose of certifying a production or handling operation as a certified organic operation.

(l) “Change in Ownership” means any change in the names, ownership interest, or status of the business ownership, other than a change among sole proprietorship and solely owned corporation.

(m) “Enforcement Action” means an action taken to enforce the provisions of this ordinance. Examples of enforcement actions are civil penalties, suspension or termination of organic certification, or formal referral to the District Attorney for civil or criminal adjudication. Reference California Food and Ag Code Section 46009, et seq.

(n) “Enforcement authority” means the Agricultural Commissioner, County of Yolo, or the District Attorney.

(o) “Field” means a contiguous area of land for agricultural production that is managed with a consistent set of production methods.

(p) “Growing medium” means a substance that provides nutrients for plants or fungi but which is separate from the land surface of the world.

(q) “Handled” means shipped, packed, repacked, sold for resale, warehoused, wholesaled, imported into the state, or stored by other than a grower, producer, processor, or retailer of that food.

(r) “Inspector” means a person who performs inspections on behalf of a certification agent.

(s) “Inspection” means the act of examining and evaluating the production or handling operation of an applicant for certification or certified operation to determine compliance with the Act and the regulations in this part.

(t) “Label” means the information affixed to the product container that designates the identity, quantity and responsibility for the product

(u) “Livestock” means any cattle, sheep, goats, swine, poultry, equine animals, domesticated game or other cultivated animals raised for food, fiber, or the production of food and fiber.

(v) “National List” means a list of allowed and prohibited substances as provided in the Act.

(w) “National Organic Program” means the program authorized by the Act for the purpose of implementing its provisions.

(x) “Organic agriculture” means a holistic production management system which promotes and enhances agroecosystem health, including biodiversity, biological cycles, and soil activity; emphasizes the use of management practices over the use of off-farm inputs; and utilizes cultural, biological and mechanical methods as opposed to synthetic materials.

(y) “Organic certification program” refers to the certification process established pursuant to this ordinance.

(z) “Organic Integrity” means the qualities of an organic product which are obtained through adherence to organic standards at the production level, which must be maintained through handling to the point of final sale, in order for the final product to be labeled and/or marketed as organic.

(aa) “Organic production” means a production system that is managed in accordance with the Act and regulations in this part to respond to site-specific conditions by integrating cultural, biological, and mechanical practices that foster cycling of resources, promote ecological balance, and conserve biodiversity.

(bb) “Processed” means cooking, baking, heating, drying, mixing, grinding, crushing, pressing, churning, separating, extracting juices or other materials, peeling, fermenting, eviscerating, preserving, dehydrating, freezing, or manufacturing that materially alters the flavor, keeping quality, or any other property, or the making of any substantial change of form. “Processed” does not include refrigeration at temperatures that are above the freezing point nor any other treatment that merely retards or accelerates the natural processes of ripening or decomposition.

(cc) “Produced” means grown, raised, harvested, handled, or stored under the control of the grower or producer.

(dd) “Producer” means a person who engages in the business of growing or production of food, fiber, feed, and other agricultural-based consumer products.

(ee) “Raw Agricultural Commodities” means unprocessed agricultural commodities.

(ff) “Reciprocity” means a mutual recognition between organic certification agents based on equivalent standards and verified competency assessment.

(gg) “Retailer” means a person engaged in the sale to consumers of food sold as organic and not engaged in the production, handling or processing of food sold as organic.

(hh) “Secretary” means the federal Secretary of Agriculture or a representative to whom authority has been delegated to act in the Secretary’s stead.

(a) A local program to certify producers and handlers of organic products is hereby established within Yolo County under the supervision of the Agricultural Commissioner pursuant to California Food and Agriculture Code section 46000, et seq. A fee program is also hereby established pursuant to California Food and Agricultural Code section 46014(c) to cover the costs of the organic certification program. The fees established and collected pursuant to this ordinance do not exceed the County’s reasonable costs of the organic certification program established hereunder. Such fees shall be paid directly to the Agricultural Commissioner.

(b) The following fees are hereby adopted to cover the County’s reasonable costs of the program established by this ordinance:

A prerequisite to applying for certification under this program is prior registration with the State of California as an organic producer and/or handler. The County organic certification program shall apply the requirements of the California Organic Products Act of 2003, set forth in California Food and Agriculture Code section 46000, et seq. , as well as the requirements of the Act and the National Organic Program, as defined above.

The requirements of the County organic certification program are set forth in the National Organic Program, which the County adopts as its official organic standards. The Agricultural Commissioner shall use the requirements of the National Organic Program to determine eligibility for initial and continued certification. Additional detail regarding the application and implementation of these criteria is set forth in Title 7 of the Code of Federal Regulations at Part 205 (National Organic Program), Subparts A through G. A copy of 7 Code Fed. Regs. 205 (National Organic Program Final Rule) shall be kept at the office of the Agricultural Commissioner, and shall be available for reference by any person during regular business hours.

Consistent with the National Organic Program, certification in accordance with this ordinance shall require compliance the requirements and criteria set forth the Act and in 7 Code Fed. Regs. 205, including:

Subpart A – Definitions

Subpart B – Applicability

Subpart C – Organic Production and Handling Requirements

Subpart D – Labels, Labeling, and Market Information

Subpart E – Certification

Subpart F – Administration

The denial of a request for certification may be appealed in the same manner as a notice of proposed civil penalty, as detailed in Section 10-6.306(e), below, except that in no event shall the denial of a request for certification following an administrative appeal be subject to judicial review unless otherwise authorized by California law.

(a) Failure to comply with the terms and provisions of certification as set forth above may result in the initiation of an enforcement action (including civil penalties, suspension and/or termination of certification), as determined by the Agricultural Commissioner in his, or her, sole discretion, which may include the actions set forth below.

(b) If the Agricultural Commissioner determines the terms and provisions of this ordinance have been violated by a person who has been certified as an organic producer and/or handler under these provisions, the Agricultural Commissioner shall notify the responsible party concerning the alleged violation in writing. The responsible party shall have 15 days from the date the notice is mailed to respond in writing. The Agricultural Commissioner shall review the response and make a determination as to the appropriate enforcement action, if any, and advise the responsible party in writing.

(c) For a first offense, in lieu of an enforcement action as prescribed in subdivision (a)or (b), the Agricultural Commissioner may issue a notice of non-compliance if he or she finds that the violation is of a minor nature.

(d) The Agricultural Commissioner may levy a civil penalty against any person under the enforcement jurisdiction of the County, in an amount not more five thousand dollars ($5,000) for each violation. The amount of the penalty assessed for each violation shall be based upon: the nature of the violation, the seriousness of the effect of the violation, and the impact of the penalty on the violator, including the deterrent effect on future violations.

(e) After receiving a notice of proposed civil penalty, a person shall be afforded an opportunity for a hearing before the Agricultural Commissioner, upon request made within 30 days after the issuance of the notice. At the hearing, the person shall be given the right to review the Commissioner’s evidence of the violation and to present evidence on his or her own behalf. If no hearing is requested, the Commissioner shall issue a notice of final civil penalty, which shall constitute a final and non-reviewable order. If a hearing is requested and held, the Commissioner shall issue his or her final order within 30 days after the end of hearing, and that notice of final action and order may be appealed in the manner described in California Food and Agricultural Code section 46017(d), as may be amended from time to time.

(f) Notwithstanding the penalties prescribed in subdivision (d), if the Agricultural Commissioner finds that a violation was not intentional, the Agricultural Commissioner may levy a civil penalty of not more than two thousand five hundred dollars ($2,500) for each violation.

• (g) A civil penalty levied by the Agricultural Commissioner pursuant to this section may be recovered in a civil action brought in the name of the County.

(h) The County shall maintain in a central location, and make publicly available for inspection and copying upon request, a list of all civil penalties levied by the Agricultural Commissioner within the past five years, including the amount of each penalty, the person against whom the penalty was levied, and the nature of the violation. Copies of this list shall also be available by mail, upon written request and payment of a reasonable fee, for providing the service as set by the county.

(i) The above civil sanctions shall be in addition to and do not otherwise impair or restrict the imposition of any other sanctions provided by law (§ 1, Ord. 1344, eff. April 20, 2006)