7.14.110 Civil Penalties.

City Code Section

(Amended by Ordinance No. 187717, effective June 3, 2016.)

A.  The Director may assess civil penalties for any of the following violations of the Utility License Law:

1.  Any failure to file a license application at the time required under the Utility License Law;

2.  Any failure to pay the utility license fee when due;

3.  Any failure to file a utility license fee report when due;

4.  Any failure to provide or make available all books, financial records, papers, invoices, documents, data and related information when required by the Director; or,

5.  For any person to make any false statement on any license application or utility license fee report or to provide false information in any investigation or audit conducted pursuant to the Utility License Law.

B.  The Director may assess civil penalties for any violation under Subsection 7.14.110 A. of the greater of either a minimum of $500 per occurrence or up to two percent (2%) of the utility’s gross revenues subject to the Utility License Law for the period during which the violation occurred.

C.  The Director may assess a civil penalty of $500 if a person fails to file a reporting form as required under Section 7.14.080.

D.  In assessing civil penalties under this Section, the Director shall produce a written decision, identifying the violation, the amount of the penalty, and the basis for the decision.  In making such determination, the Director shall consider the following criteria:

1.  The extent and nature of the violation;

2.  Any benefits to the licensee and any impacts to the City or the general public, financial or otherwise, resulting from the violation;

3.  Whether the violation was repeated and continuous, or isolated and temporary;

4.  Whether the violation appeared willful (characterized primarily by substantial acts of commission) or negligent (characterized primarily by substantial acts of omission);

5.  The magnitude and seriousness of the violation;

6.  The City's costs of investigating the violation and correcting or attempting to correct the violation; and,

7.  Any other factors the Director deems relevant in the particular case.

E.  The Director may impose civil penalties under this Section only after having given written notice of the potential for assessment of civil penalties identifying the violation serving as the basis for the assessment.

F.  The Director may waive or reduce any civil penalty for good cause, according to and consistent with written policies.