§ 2.190.140. Violations and enforcement.

A.

Any person who knowingly violates any provision of this chapter, is guilty of a misdemeanor which may be punished by imprisonment in the county jail for not exceeding six months, or by a fine not exceeding $1,000.00, or by both.

B.

In addition to the penalty set forth in subsection A of this section, any violation of this chapter shall be subject to a civil penalty of up to three times the amount by which any applicable expenditure or contribution limit has been exceeded or $5,000.00, whichever is greater.

C.

(1)

In addition to the penalties set forth in subsections A and B of this section, any person who intentionally or negligently violates any provision of this chapter which prohibits or limits contributions shall be subject to an administrative fine, issued pursuant to chapter 1.25 of this code, of up to three times the amount by which any applicable contribution limit has been exceeded or $5,000.00, whichever is greater. Notwithstanding the provisions of chapter 1.25 of this code, in imposing the administrative fine, the registrar-recorder shall issue a notification of violation setting forth the intent to issue a proposed administrative fine and set a hearing date. The purpose of the hearing would be to allow the candidate the opportunity to challenge the fine and also to allow the hearing officer, if so requested by the registrar-recorder, to make recommendations as to the appropriateness of the proposed fine and its amount, through a process which may include taking evidence and testimony, and calling witnesses. Should the candidate choose not to challenge the fine, the registrar-recorder may, at his discretion, determine the amount of the fine without a hearing and without a recommendation from a hearing officer. Whether or not a violation is inadvertent, negligent or deliberate, and the presence or absence of good faith shall be considered by the registrar-recorder in determining the amount of the administrative fine to be imposed.

(2)

Notwithstanding the provisions of subsection C (1) above, no administrative fine shall be issued if a contribution received in violation of this chapter is returned and the candidate submits an amended campaign statement reflecting that the contribution has been returned within thirty (30) days of the date in which the candidate has actual knowledge of the contribution or the date of the filing a campaign statement required by Government Code § 84200 et seq. or by this chapter on which such contribution is reported, whichever is earlier.

D.

The registrar-recorder shall be responsible for the administration of this chapter, which shall include, but is not limited to, the receipt and review of mandatory candidate filings, investigation of any potential violations of this chapter reflected in those filings, and receipt and investigation of complaints that a person has violated any provision of this chapter. Additionally, the registrar-recorder shall be designated the enforcement officer responsible for final determination and imposition of administrative fines to be issued and for appearances before the administrative hearing officer as provided for in §§ 1.25.050 and 1.25.060 of this code, in addition to the provisions of this chapter. The registrar-recorder shall also recommend rules governing this chapter. Such rules shall be effective if approved by a majority vote of the board of supervisors.

E.

The registrar-recorder and the district attorney shall receive and investigate complaints that a person has violated a provision of this chapter. When the registrar-recorder has evidence of a violation of this chapter, he or she shall give initial notice of the violation to the district attorney. In addition, the registrar-recorder shall provide notification of the final resolution of each violation to the district attorney.

F.

The district attorney shall be the enforcement officer responsible for prosecution of the civil penalties and criminal charges. In addition, any person residing in the county may bring a civil action to enjoin violations of this chapter or to compel compliance with any provision of this chapter by following the procedures set forth in Government Code sections 91003 et. seq., except that the civil prosecutor shall be the district attorney.

G.

Within 60 days after the enactment or any amendment of this chapter the registrar-recorder and the district attorney shall each designate persons within their respective offices who will be responsible for the enforcement and administration of the duties assigned to them under this chapter. Nothing in this chapter shall preclude the county from contracting with a state agency to administer and/or enforce any provision of this chapter, including conducting administrative hearings pursuant to Government Code section 27727.

(Ord. 2011-0040 § 7, 2011: Ord. 2006-0001 § 6, 2006: Ord. 96-0041 § 1 (part), 1996.)