(a) Misdemeanor. Violation of this chapter shall be a misdemeanor. The District Attorney may institute criminal proceedings hereunder. Any violator, upon conviction, shall be fined not more than One Thousand and no/100ths ($1,000.00) Dollars, imprisoned for a period not exceeding six (6) months or both fined and imprisoned.
(b) Civil proceedings. The County Counsel may institute civil proceedings to enforce this chapter, including without limitation actions for injunction and civil penalties. Construction without the authorization required by this chapter may be suspended by a court of competent jurisdiction. Violation of this chapter interferes with provision of public services, and shall be a public nuisance.
(c) Civil penalties. Any violator of this chapter shall be liable, in addition to payment of the amount of any fees due, for civil penalties not to exceed: (1) Five Hundred and no/100ths ($500.00) Dollars for each day during which construction proceeds in violation of this chapter, plus (2) fifteen (15%) percent of the amount of any fees not paid when due.
(d) Lien. In the event of failure of an impacting development to pay in full a fee payable pursuant to this chapter, the County may place and record a lien upon the property at which the impacting development is constructed in the amount of the unpaid fee. The Board of Supervisors shall adopt, pursuant to Section 3-14.07(b) rules concerning imposition of such liens, which shall provide for a timely public hearing concerning imposition of the lien.
(e) Costs of securing compliance. Any person or entity not in compliance with this chapter shall be liable, in addition to other amounts provided for in this section, for attorney’s fees, or the reasonable costs of staff legal services incurred by the County, and all other reasonable costs of securing compliance, including collection of fees.
(f) Interest. Interest shall accrue on all fees not paid when due pursuant to this chapter at the rate prescribed by law for interest on judgments, from the date when payment was due until the date payment is received in full.
(§ 1, Ord. 1119, eff. May 30, 1991, and § 2, Ord. 1533, eff. February 11, 2021)