On Tuesday, the Contra Costa County Board of Supervisors are set to discuss increasing fines to businesses who violate the Contra Costa County COVID-19 Stay-At-Home health order.
The move comes after last week, Supervisor Karen Mitchoff made the request after several business are blatantly ignoring the order and news broke that the county had fined several gyms. Mitchoff suggested the fines be increased to as much as $20k.
The comments came after she was critical of a gym owner of several franchises who chooses to operate while other gym owners follow the rules. She called it unfair to those who were shutdown and following the State and local order.
She argued some businesses are just paying the $1k and continuing to operate with business as usual and stated “its time to bring the hammer down” and for people to “quit bitching”. She also doesn’t care about the negative comments towards her as she wants to help reduce the spread of COVID-19 as vaccines begin to roll out.
According to the Contra Costa County District Attorneys Office, here is a list of fines to date:
- Diablo Cross Fit, Pleasant Hill, November 19, $250
- Diablo Cross Fit, Pleasant Hill, November 24, $500
- Diablo Cross Fit, Pleasant Hill, December 2, $1,000
- Fitness 19, Danville, November 24, $250
- Fitness 19, Concord, November 24, $250
- And on December 2 we issued another fine to Fitness 19 in Concord for $500.
Earlier this year, a Pittsburg bar owner was charged a misdemeanor for operating during COVID.
District Attorney spokesperson Scott Alonso stated they are acting on behalf of the Contra Costa Health Services. They have two senior inspectors assigned to investigating these complaints and issues. They are also partnering with other county departments on the county’s enforcement task force, of which they are a member.
RECOMMENDATION(S):
CONSIDER whether to adopt an urgency ordinance increasing administrative fine amounts for violations of public health orders pertaining to the COVID-19 pandemic, or pursue other means of enforcement.
FISCAL IMPACT:
Although adopting the ordinance has no fiscal impact by itself, the potiential change of County policy that it affects will have an impact that is unlikely to be covered by the current or potential increased fines. The administrative and programmatic costs of establishing enforcement officers will be dependent upon the level of enforcement with public health orders, the cost of hearing officers, and the cost of likely appeals to the Superior Court.
BACKGROUND:
On July 28, 2020, the Board of Supervisors adopted Ordinance No. 2020-21, an urgency ordinance that established administrative fines for violations of public health orders issued by the County’s Public Health Officer and the State Public Health Officer. The ordinance authorizes administrative fines for violations of public health orders involving both non-commercial and commercial activities. For health order violations involving non-commercial activities, the amount of the fine is $100 for a first violation, $200 for a second violation, and $500 for each additional violation within one year of the initial violation. For violations involving commercial activity, the amount of the fine is $250 for a first violation, $500 for a second violation, and $1,000 for each additional violation within one year of the initial violation. If a violation continues for more than one day, each day is a separate violation.
The ordinance authorizes enforcement officers designated by the Director of Health Services, the Director of Conservation and Development, and the Sheriff to enforce the ordinance. Because Public Health Officer orders apply countywide, this ordinance also applies countywide under Government Code section 8634. The ordinance may be enforced in cities and special districts by officials designated by those agencies to enforce the ordinance.
The ordinance authorizes enforcement officers to impose a fine by issuing a Notice of Fine to a person or business in violation of a public health order. Before issuing a Notice of Fine, an enforcement officer can first issue a Notice of Violation, which gives a person or business up to two days to correct a violation. If the violation is not corrected, the enforcement officer can then issue a Notice of Fine. In cases where the enforcement officer determines that issuing a Notice of Violation is unnecessary or ineffective, the enforcement officer can immediately issue a Notice of Fine. If a person or business is issued a Notice of Fine, the fine can be paid or appealed. An appeal is heard by a hearing officer established or appointed by the agency issuing the Notice of Fine.
On December 8, 2020, Board members expressed interest in possibly increasing the maximum amount of fines that can be levied for health order violations. Attached is a draft urgency ordinance with no fine amounts specified. After the December 15 staff presentation on public health order enforcement, the Board may wish to either consider increasing fines, or leave the existing ordinance and existing fine amounts in place and consider alternative methods of enforcement. If the Board wishes to adopt a new ordinance increasing fines, the new fine amounts will have to be specified in Section 5(d) of the draft ordinance. Section 5(d) is on page 4 of the ordinance.
CONSEQUENCE OF NEGATIVE ACTION:
If no action is taken, the existing fine amounts will remain unchanged.
Public Comments
To slow the spread of COVID-19, the Health Officer’s Shelter Order of December 4, 2020, prevents public gatherings (Health Officer Order). In lieu of a public gathering, the Board of Supervisors meeting will be accessible via television and live-streaming to all members of the public as permitted by the Governor’s Executive Order N29-20. Board meetings are televised live on Comcast Cable 27, ATT/U-Verse Channel 99, and WAVE Channel 32, and can be seen live online at www.contracosta.ca.gov.
PERSONS WHO WISH TO ADDRESS THE BOARD DURING PUBLIC COMMENT OR WITH RESPECT TO AN ITEM THAT IS ON THE AGENDA MAY CALL IN DURING THE MEETING BY DIALING 888-251-2949 FOLLOWED BY THE ACCESS CODE 1672589#. To indicate you wish to speak on an agenda item, please push “#2” on your phone.
All telephone callers will be limited to two (2) minutes apiece. The Board Chair may reduce the amount of time allotted per telephone caller at the beginning of each item or public comment period depending on the number of calls and the business of the day. Your patience is appreciated.
11 comments
The Contra Costa County Board of Supervisors should stay at home WITH OUT PAY! Bunch of jackasses.
F#$& Mitchoff!! Raggedy old washed up tyrant!!
Who do you contact if a business is violating the COVID-19 rules. Is there a phone number to call??
Nobody has a problem with these bureaucrats restricting our lives? We have no idea if these restrictions are even effective. We all know what our Overlords like L A County Supervisor Sheila Kuehl and Gov. Gavin Newsom thinks of these arbitrary rules.
Take your fines and shove them right up your asses.
Yeah its 1-800 mind your own business .
Of course some washed up, out of shape fatty would be proud that gyms were being fined. Retire and STFU, Karen. You have lost your mind.
If the SIP and shutting down businesses were THE LAW, then I could see fines imposed. But this is NOT the law so enforcing it is futile.
Wait!!!! Where are the Trumptards that said he is going to “surprise” us with the election? I was told to not be too sure Biden won!!! Where is the change? Lmao Trump lost and still adding to the L’s with all the courts rejections. Hahahahahahahahaha WEAR A MASK/STAY AT HOME STOP SPREADING YOUR DUMBNESS
Hey DANNY ! It ain’t over! The Constitution says on Jan 6th legislators meet to accept the states’ certifications. If one house member and one senate member refuse to accept the certifications (per the Constitution) they must go to a immediate two hour debate and THEN the legislators vote for the president. It’s all in the Constitution.
ITS OVER!!!!!!
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