(A) In any enforcement action brought pursuant to this chapter, whether by administrative proceedings, judicial proceedings, or summary abatement, each person who causes, permits, suffers, or maintains the unlawful cannabis cultivation to exist shall be liable for:
(1) All costs incurred by the county, including, but not limited to, abatement costs, including administrative costs, and any and all costs incurred to undertake, or to cause or compel any responsible party to undertake, any abatement action in compliance with the requirements of this chapter, whether those costs are incurred prior to, during, or following enactment of this chapter. In addition, the prevailing party shall be entitled to a recovery of the reasonable attorneys' fees incurred. Recovery of attorneys' fees under this subdivision shall be limited to those actions or proceedings in which the county elects, at the initiation of that action or proceeding, to seek recovery of its own attorneys' fees. In no action, administrative proceeding, or special proceeding shall an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the county in the action or proceeding.
(2) Any administrative penalty imposed pursuant to this chapter. In the event that an administrative penalty is imposed pursuant to §§ 11.15.090 through and including 11.15.115 on two or more persons for the same violation, all such persons shall be jointly and severally liable for the full amount of the administrative penalty imposed. Payment of administrative penalties imposed pursuant to §§ 11.15.090 through and including 11.15.115 does not excuse or discharge any continuation or repeated occurrence of the violation that is the subject of the NOV. Payment of the administrative penalty does not bar the county from taking any other enforcement action regarding a violation that is not corrected.
(B) Interest shall accrue on all amounts due under this chapter, from the effective date of the Board of Supervisors' decision, as set forth in § 11.15.110, to the date paid pursuant to the laws applicable to civil money judgments.
(C) At such time as the information becomes known, the enforcing officer shall make a demand for abatement costs and/or accrued administrative penalty by issuing an invoice in accordance with § 1.06.080 of the San Benito County Code to the owner(s) and/or occupant(s) of the premises subject to enforcement action.
(D) Whenever the amount of abatement costs, including administrative costs incurred by the county to abate the nuisance, or the amount of any administrative penalty imposed pursuant to this chapter has not been satisfied in full within 90 calendar days after service of the invoice set forth in Chapter 1.06, and/or has not been timely appealed to the Superior Court in accordance with Cal. Gov’t Code § 53069.4(b), or if appealed, such appeal has been dismissed or denied, all or any part of, this obligation may constitute a lien against the real property on which the violation occurred in accordance with the procedures set forth in §§ 11.15.120 through 11.15.125.
(E) In addition to any other legal remedy, the county may prosecute a civil action through the Office of the County Counsel to collect any costs incurred to abate the nuisance and/or any administrative penalty imposed pursuant to this chapter.
(Ord. 959, § 28, 2017; Ord. 963, § 15, 2017)