Repealed and added by Stats. 2013, Ch. 639, Sec. 3. (SB 753) Effective January 1, 2014.
(a)Civil penalties may be imposed by a court of competent jurisdiction against any person or public agency that undertakes an activity, flood system improvement, or encroachment that is in violation of this part or that is inconsistent with any permit, cease and desist order, or enforcement order previously issued by the board or executive officer in an amount not less than five hundred dollars ($500) and not greater than thirty thousand dollars ($30,000).
(b)In addition to any other penalties, civil penalties may be imposed by a court of competent jurisdiction against any person or public agency that intentionally and knowingly undertakes an activity, flood system improvement, or encroachment that is
in violation of this part or that is inconsistent with any permit, cease and desist order, or enforcement order previously issued by the board or executive officer in an amount that shall not be less than one thousand dollars ($1,000) or more than fifteen thousand dollars ($15,000) per day for each day in which the violation persists.
(c)In determining the amount of liability pursuant to subdivisions (a) and (b), the following factors shall be considered:
(1)The nature, circumstance, extent, and gravity of the violation.
(2)Whether the violation is susceptible to removal, modification, abatement, restoration, or other remedial measures.
(3)Whether the function of the levee, channel, or other flood control work is affected by the violation.
(4)The cost to the state of bringing the action.
(5)With respect to the person or public agency responsible for the violation, any voluntary remedial measures undertaken, any prior history of violations, the degree of culpability, economic profits, if any, resulting from, or expected to result as a consequence of, the violation, and other matters deemed relevant.
(d)Civil penalties may be imposed by a court of competent jurisdiction against any person or public agency that intentionally or negligently violates any cease and desist order issued, reissued, or amended by the board, or any enforcement order issued, reissued, or amended by the board in an amount that shall not exceed six thousand dollars ($6,000) for each day in which that violation persists. Any actual penalty imposed shall be reasonably proportionate to
the damage suffered as a consequence of the violation.
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