A. Civil liability. Any business found in violation of §§ 9.03.110 (Business Plans), 9.03.115 (Inventories), 9.03.120 (RMPP), 9.03.140 (Inspections) and/or 9.03.145 (Fees) of this Subchapter, or of the implementing regulations, rules and procedures thereto shall be civilly liable to the City in the following amounts:
1. For any violation, an amount not to exceed Two Thousand Dollars ($2,000.00) for each day of violation, except as otherwise provided in this Section.
2. Any business that knowingly violates the above-stated sections, after reasonable notice of the violation, shall be civilly liable to the City in an amount not to exceed Five Thousand Dollars ($5,000.00) for each day of violation.
3. If the violation results in, or significantly contributes to, an emergency, including but not limited to a fire, the business shall also be assessed the full cost of the City and/or county emergency response, as well as the cost of cleaning up and disposing of the hazardous materials.
4. If a civil penalty has been levied under this Section, against a business which fails to submit full payment of the penalty, that business shall not be issued a new City Business Tax Certificate nor be allowed to renew a current Certificate, until such time as the penalty is paid in full. Furthermore, a late fee may be assessed.
B. Criminal fines and imprisonment; failure to report releases; risk management and prevention.
1. a. Any business that violates §§ 9.03.110 (Business Plans), 9.03.115 (Inventories), and 9.03.145 (Fees) of this Subchapter shall be guilty of an infraction, except as otherwise provided in this Subchapter, which shall be punishable by a fine not to exceed Five Hundred Dollars ($500.00), in accordance with the provisions of § 1.01.035 of the Culver City Municipal Code. Each and every day a violation continues shall constitute a separate offense.
b. Any violation which would otherwise be an infraction shall be a misdemeanor if a defendant has been convicted of three (3) or more violations of this Subchapter within the twelve (12) month period immediately preceding the violation and if such prior convictions are admitted by the defendant and/or alleged in the accusatory pleading. For this purpose, a bail forfeiture shall be deemed a conviction of the offense charged.
2. Any person or business who violates § 9.03.135 of this Subchapter (reporting of releases), or who knowingly makes any false statement or representation in any record, report, or other document filed, maintained, or used for the purpose of compliance with § 9.03.120 of this Subchapter (RMPP) or with Cal. Health & Safety Code§§ 25500 et seq., shall, upon conviction, be subject to the following penalties:
a. First conviction - A fine not to exceed Twenty-Five Thousand Dollars ($25,000.00) for each day of violation, or by imprisonment in the county jail for not more than one (1) year, or by both the fine and imprisonment.
b. Repeat convictions - If the conviction is for a violation committed after a first conviction under this Section, the person shall be punished by a fine of not less than Two Thousand Dollars ($2,000.00) nor more than Fifty Thousand Dollars ($50,000.00) for each day of violation, or by imprisonment in the State prison for sixteen (16), twenty (20), or twenty-four (24) months or in the county jail for not more than one (1) year, or by both the fine and imprisonment.
c. If the violation results in, or significantly contributes to, any emergency, including, but not limited to a fire, the person or business shall also be assessed the full cost of the City and/or county emergency response, as well as the cost of cleaning up and disposing of the hazardous materials.
C. Interference with enforcement; misdemeanor. Any person who willfully prevents, interferes with, or attempts to impede the enforcement of this Subchapter by any authorized representative of the City is, upon conviction, guilty of a misdemeanor.
D. Rewards; persons providing information. Any person who provides information which materially contributes to (1) the imposition of a civil penalty under § 9.03.150 A.; or (2) the conviction of a person under § 9.03.150 B. as determined by the City Attorney or other person filing the action, shall receive a reward from the City or the State equal to ten percent (10%) of the amount of the settlement or the fine collected, not to exceed Five Thousand Dollars ($5,000.00), according to the provisions and limitations of Cal. Health & Safety Code § 25517. The reward shall be paid from the amount of the civil penalty or criminal fine collected. This Section shall not apply to any City employee who provides such information in the scope of his/her employment.
E. Other laws, rules and regulations.
1. The provisions of this Section are in addition to other provisions of local, State and Federal laws, regulations, and rules, which in and of themselves, or in combination with the requirements of this Section, may bring about civil and/or criminal actions against a person or business for violation of the specific sections of those laws, rules, or regulations.
2. Pursuant to § 1.01.055 of the Culver City Municipal Code, unless otherwise expressly provided, the remedies and penalties provided by this Subchapter are cumulative to each other and to the remedies and penalties available under other laws.
('65 Code, § 16-18) (Ord. No. 88-014 § 2)