(A) The county may assess a civil penalty for violation of this chapter. Penalties for delay in patching or restoration may range from a minimum of $50 per day to a maximum of $500 per day. Penalties for performing work in the right-of-way without a permit or for failure to comply with a permit shall be based on the facts of each violation. Factors to be considered include, but are not limited to, costs incurred by the county to correct the violation and costs avoided by the person committing the violation.
(B) Any person who violates any of the provisions of this chapter, or who fails, neglects or refuses to comply with the provisions of this chapter, or who knowingly makes any false statement in any document required to be submitted under the provisions hereof, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $1,000 or by imprisonment not to exceed 90 days, or both. Each day that a violation continues shall constitute a separate offense.
(C) In the event of a violation of this chapter, the Director may request that the County Attorney institute appropriate actions or proceedings, including the seeking of injunctive relief, to prevent, restrain, correct or abate such violations. All costs incurred for such enforcement action may be recovered by the county in a civil action in any court of competent jurisdiction. These remedies may be imposed upon the permittee or other responsible person either in addition to or separate from other enforcement actions.
(Ord. 06-01, passed 4-4-2006)