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(a) As part of a civil action filed by the County to enforce provisions of this Division, a court may assess a maximum civil penalty of $2,500 per violation of this Division for each day during which any violation of any provision of this Division is committed, continued, permitted or maintained by such person(s).
(b) In determining the amount of any civil liability to be imposed pursuant to this division, the superior court shall take into consideration the nature, circumstances, extent, and gravity of the violation or violations, whether any discharge caused by the violation is susceptible to cleanup or abatement, and, with respect to the violator, the ability to pay, the effect on ability to continue in business, the extent of any advantage gained by an unfair business practice, any voluntary cleanup efforts undertaken, any prior history of violations, the degree of culpability, economic savings, if any, resulting from the violation, and such other matters as justice may require.
(Added by Ord. No. 9547 (N.S.), effective 5-9-03)
In addition to other penalties and remedies permitted in this Division, the following may be awarded without monetary limitations in any civil action:
(a) Costs to investigate, inspect, monitor, survey, or litigate;
(b) Costs to place or remove soils or erosion control materials; costs to correct any violation; and costs to end any adverse effects of a violation;
(c) Compensatory damages for losses to the County or any other plaintiff caused by violations; and/or
(d) Restitution to third parties for losses caused by violations.
(Added by Ord. No. 9547 (N.S.), effective 5-9-03; amended by Ord. No. 9634 (N.S.), effective 4-23-04)
(a) If the County Official believes that grading or clearing has been done in violation of this Division, he or she may deliver to the owner of the property upon which the grading occurred a Notice of Intent to File a Notice of Ineligibility for Land Development with the Departments of Planning and Development Services and Public Works. The notice of intent shall be either served upon the owner personally or be both mailed (via certified mail, return receipt requested) to the owner at the address shown on the most recent tax assessment records and posted on the property. The notice of intent shall state the County Official's intention to file the Notice of Ineligibility for Land Development, and shall fix a location, time and date (which shall not be less than fifteen days after the delivery of the notice), at which the County Official will hold a hearing at which the owner may submit to the County Official written comments or reasons why a Notice of Ineligibility for Land Development should not be filed. The County Official shall hold the hearing at the appointed time, shall consider any information provided by the owner, and shall determine whether a violation occurred, whether it has been remedied, and whether to file a Notice of Ineligibility for Land Development.
(b) If the County Official files a Notice of Ineligibility for Land Development, and for so long as said notice remains in effect, no application for a building permit, administrative permit, site plan, use permit, variance, tentative parcel map, tentative map, parcel map or final map or any other permit for the development of the subject property shall be approved. All such applications shall be denied, and the County Official receiving such an application shall not be required to undertake further review of the application. The "subject property" shall be deemed to include the lot or parcel on which the violation occurred, together with all adjacent parcels owned by the same person or entity or which are part of a common plan of development. The Notice of Ineligibility for Land Development shall remain in effect until the County Official files a "Release of Notice of Ineligibility for Land Development," which the County Official shall file when he or she determines that a grading or clearing permit as required by this Division has been obtained for the grading or clearing, and that the grading or clearing has been completed, inspected and approved in writing by the County Official as being in compliance with the requirements of this Division.
(Added by Ord. No. 9547 (N.S.), effective 5-9-03; amended by Ord. No. 10224 (N.S.), effective 10-25-12)
(a) Whenever the County Official determines that grading or clearing has been done in violation of the requirements of this Division, including grading or clearing without obtaining the required permit or grading or clearing in excess of that permitted by an approved permit, the County Official may order that the site be restored to the condition it was in previous to the unlawful grading or clearing. Restoration ordered may include revegetation of the site with species of plants identical to or serving biological resource values as close as possible to those of the vegetation which existed on the site prior to the illegal grading or clearing.
(b) If the County Official determines that restoration to such previous condition would result in a condition which is unsafe or does not conform to this Division or other applicable laws, or is otherwise impractical, then the County Official may order restoration to such other condition as he or she determines to be as close as practical to the site's previous condition; provided however, that the County Official shall require that any adverse environmental impacts which resulted from the illegal grading or clearing be mitigated (such as through the creation and/or preservation of onsite or offsite substitute habitat or other resources) to at least the same extent as would have been required if the impacts occurred as a result of a development project application which was required to comply with the California Environmental Quality Act, the Resource Protection Ordinance, the Biological Mitigation Ordinance and other County resource protection regulations.
(c) Such an order for restoration may require that the restoration work be performed pursuant to plans which the permittee, owner or other responsible person(s) is directed to prepare and submit for the County Official's approval. Failure to submit such plans within the time specified in the order for restoration shall constitute a violation of this Division. The order may require that permits required by this Division or other laws or regulations be obtained for the restoration work, including compliance with all requirements for obtaining such permits. The order for restoration may require that adequate security be provided to the County Official, to assure completion of the restoration work. The order for restoration may impose time deadlines for performance of certain acts. Failure to timely implement or otherwise comply with an order for restoration shall constitute a violation of this Division.
(Added by Ord. No. 9547 (N.S.), effective 5-9-03)
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