(a) Injunctive Relief and Abatement. At the request of any person authorized to enforce this E.H. Code, the County Counsel or District Attorney may commence proceedings for the abatement, removal, correction and enjoinment of any act or omission that constitutes or will constitute a violation of this E.H. Code, or any permit issued pursuant to this E.H. Code, or any condition(s) of approval for such permit granted pursuant thereto, and an order requiring the violator(s) to pay civil penalties and/or abatement costs. Where multiple violators are involved, they shall be jointly and severally liable for the civil penalties and/or abatement costs.
(b) Civil Remedies and Penalties. Any person, whether acting as principal, agent, employee, owner, lessor, lessee, landlord, tenant, occupant, operator, contractor, or otherwise, who violates any provision of this E.H. Code, or any permit issued pursuant to this E.H. Code, or any condition(s) of approval for such permit granted pursuant thereto, shall be liable for a civil penalty not to exceed $1,000.00 per violation for each day or any portion thereof, that the violation continues to exist. In determining the amount of civil penalty to be imposed, both as to the daily rate and the subsequent total amount for any given violation, the court shall consider all relevant circumstances, including, but not limited to: the extent of the harm caused by the conduct constituting the violation; the nature and persistence of such conduct; the length of time over which the conduct occurred or was repeated; the assets, liabilities, and net worth of the violator; whether the violator is a corporate entity or an individual; and, any corrective action taken by the violator.
(c) Attorney’s Fees and Costs of Enforcement. In any civil action brought by the County, including but not limited to a proceeding to abate a public nuisance, whether by seeking injunctive relief and/or an abatement order, or other order, attorney’s fees and costs of enforcement may be recovered by the prevailing party. Such recovered attorney’s fees shall not exceed the amount of reasonable attorney’s fees incurred by the County in that action or proceeding (Government Code § 25845). Costs of enforcement shall include, but not be limited to, administrative costs and any and all costs incurred in the physical abatement of any nuisance and any and all costs incurred by the County in the correction or remedying of a violation of the E.H. Code. Notwithstanding the above language, no attorney’s fees shall be recovered in any administrative proceeding held pursuant to § 33.0113 or any related appeal to the Superior Court or the Courts of Appeal.
(Am. Ord. 3105, passed --1986; Am. Ord. 4093, passed - -2009)