(A) Civil penalties. In the event the alleged violator fails to take the remedial measures set forth in the notice of violation or otherwise fails to cure the violations described therein within ten days, or a greater period as the county shall deem appropriate, after the county has taken one or more of the actions described above, the county may impose a penalty not to exceed $1,000 (depending on the severity of the violation) for each day the violation remains unremedied after the receipt of the notice of violation.
(B) Criminal penalties; enforcement costs. Any person who violates any provision of this chapter shall be liable to criminal prosecution to the fullest extent of the law and shall be subject to a criminal penalty of $500 per violation per day. The county may recover all attorneys' fees, court costs and other expenses associated with enforcement of this chapter, including sampling and monitoring expenses.
(C) Injunctive relief. The county may petition for a preliminary or permanent injunction restraining any person from undertaking any activities which would result in a violation or continued violation of this chapter and may seek mandatory injunctive relief compelling the person to perform abatement or remediation of any violation of this chapter.
(D) Compensatory action. In lieu of enforcement proceedings, penalties and remedies authorized by this chapter, the county, at its option, may impose upon a violator alternative compensatory action, such as storm drain stenciling, attendance at compliance workshops, creek cleanup and the like.
(E) Violations deemed a public nuisance. In addition to the enforcement processes and penalties provided herein, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to public health, safety and welfare, is declared and deemed a nuisance and may be summarily abated or restored at the violator's expense, or may be the subject of a civil action to abate, enjoin or otherwise compel the cessation of the nuisance.
(F) Remedies not exclusive. Except as expressly provided above, the remedies in this section are cumulative and the exercise of any one or more remedies shall not prejudice any other remedies that may otherwise be pursued for a violation of this chapter. The remedies listed in this chapter are not exclusive of any other remedies available under any applicable federal, state or local law and it is within the discretion of the county to seek cumulative remedies.
(Ord. 2008-08, passed 5-5-2008)