If the applicant fails to comply with an order to comply, issued pursuant to this article, the Director may issue an order imposing administrative penalties of up to, but not more than five thousand dollars ($5,000) per day for noncompliance with this article in addition to noncompliance with any other article or chapter, retroactive to the original date of noncompliance. When determining the amount of the penalty, the Director shall consider, but may not be limited to, the following factors:
(a) The nature, circumstances, extent, and gravity of the violation(s);
(b) Any prior history of violations; and,
(c) The degree of culpability by the applicant.
The order establishing administrative penalties shall be served by certified mail to the applicant. Any such order shall become effective upon issuance and the penalties imposed therein shall be paid to the Director within fifteen (15) days. If the order imposing administrative penalties is appealed to the Planning Commission, the applicant shall deposit any amounts due pursuant to Section 10-11.10 with the County Treasury in an account earning interest at the County pooled rate. Any appeal to the Planning Commission must be filed within fifteen (15) days after the order if first mailed. The Planning Commission shall hear the appeal de novo.
Any decision to order administrative penalties shall become effective within thirty (30) days of the exhaustion of the administrative remedies provided in this chapter, unless the applicant files a petition for writ of mandate in the superior court for review of the order. If no writ petition is filed, then the order setting administrative penalties shall not be subject to review by any court or agency. The order establishing administrative penalties shall be served by certified mail to the applicant.
Penalties collected by the Director shall only be used to cover the reasonable costs incurred by the County in administering either the Act or Chapters 3, 4, and 5 of Title 10 of this Code. (as amended by Ord. 1518, eff. February 13, 2020)