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(a) Upon conclusion of the Administrative Civil Penalty Appeal Hearing, the Hearing Officer shall determine whether or not a Violation has occurred or exists as set forth in the Notice of Violation and Proposed Administrative Civil Penalty. If it is found that a Violation has not occurred, the Hearing Officer shall terminate the administrative civil penalty proceedings. If it is found that a Violation has occurred or exists, the Hearing Officer shall affirm, reduce or suspend the proposed administrative civil penalty in accordance with the criteria set forth in this Chapter. The Hearing Officer shall prepare, and serve upon each Responsible Party, a “Finding of Violation and Order Imposing Administrative Civil Penalty.” The Finding of Violation and Order Imposing Administrative Civil Penalty may be combined with a Finding of Nuisance and Order of Abatement issued pursuant to the provisions of this Division. (Ord. 2138a, §1, 12/3/1996; Ord. 2458, §1, 8/23/2011; Ord. 2576, § 5, 6/27/2017)

(b) In situations where the Responsible Party has taken immediate steps to remedy a Violation that did not impact the health, safety or general welfare of the public, the Hearing Officer may reduce the administrative proposed administrative civil penalty or suspend a percentage of the Responsible Party’s payment. If the Responsible Party complies with the terms and conditions of the payment suspension for a period of one (1) year after the date on which the Finding of Violation and Order Imposing Administrative Penalty is served thereon, the Responsible Party will no longer be liable for the suspended amount. However, if the Responsible Party does not comply with the terms and conditions of the payment suspension set forth in the Finding of Violation and Order Imposing Administrative Civil Penalty, the suspended portion of the penalty shall become immediately due and payable. In no event shall an administrative civil penalty be reduced to an amount that is less than the minimum amount set forth in this Chapter for the Violation category imposed. (Ord. 2138a, §1, 12/3/1996; Ord. 2272, 4/23/2002; Ord. 2458, §1, 8/23/2011; Ord. 2576, § 5, 6/27/2017)

(c) A Finding of Violation and Order Imposing Administrative Civil Penalty issued by the Hearing Officer shall be final in all respects unless overturned or modified on appeal by the Humboldt County Superior Court. A Finding of Violation and Order Imposing Administrative Civil Penalty shall be accompanied by instructions for obtaining judicial review of the Hearing Officer’s decision as set forth in California Government Code Section 53069.4(b)(1)-(2). (Ord. 2138a, §1, 12/3/1996; Ord. 2576, § 5, 6/27/2017)