(A) Any person who fails to comply with this chapter, shall be subject to:
(1) Civil penalties up to the amount of $10,000 per violation per day; and
(2) A lien for abatement costs, civil penalties and other damages under this chapter upon the real property owned which is the subject of any notice of violation or any abatement efforts on the part of the local government or the local government designee. The lien shall attach regardless of whether any covered person or otherwise liable for investigation or remediation of any hazardous substances release because a claim and lien is imposed pursuant to this section. This lien shall be superior to every other lien to the maximum extent allowed by federal and state law.
(B) In assessing any civil penalty, the following factors should be considered:
(1) The seriousness of the violation or violations;
(2) The economic benefit (if any) resulting from the violation or violations;
(3) Any history of such violations, and any good-faith efforts to comply with the applicable requirements;
(4) The economic impact of the penalty on the violator; and
(5) Such other matters as justice may require.
(Ord. 1264A, passed 6-13-2005)