§ 4493-3. Determination of civil penalties.

The maximum amount of civil penalties assessed pursuant to this Chapter shall be established by resolution of the Board of Supervisors. In addition to establishing maximum civil penalties for an initial violation of the provisions of this Chapter, such resolution shall also provide for increased maximum penalties for repeated violations and collection fees as referenced within this Chapter but in no event shall any penalty assessed for a separate violation of this Chapter exceed one thousand dollars ($1,000.00). The precise amount of penalty assessed for any particular violation shall be determined, in the first instance, by the enforcement officer, taking into account the circumstances in light of various factors which include, but are not limited to, the following:

(a)

The actual or potential extent of the harm caused;

(b)

The likelihood to cause harm;

(c)

The seriousness or gravity of the violation (i.e., the level of threat to property, health, or safety of people and animals or the environment);

(d)

Whether the violation is subject to correction by obtaining a permit or license, or cannot be corrected by permit or license;

(e)

The culpability of the violator in causing the violation;

(f)

The length of time over which the violation occurs;

(g)

The history of past violations, either of a similar or different nature, on the same or different property under the same ownership;

(h)

The cooperation of the violator in resolving the existing and past violations;

(i)

The financial burden to the violator;

(j)

The factors and policies set forth in any Civil Administrative Penalty Guidelines adopted by the Board of Supervisors; and

(k)

All other relevant circumstances.

Once imposed, the daily penalty will continue to accrue until the violation is corrected to the satisfaction of the Director.

The Director may stay the imposition of penalties or decrease the amount of penalties, either temporarily or permanently, if the Director determines that:

(a)

Substantial progress is being made toward correcting the violation and that decreasing the penalties would further the goal of correcting the violation; or

(b)

Circumstances exist that were either beyond the control of the violator or were unknown at the time the penalties were imposed and warrant the reduction or suspension of the penalties.

If the amount of the civil penalties is modified or suspended, the Notice to citee and Administrative Citation provided for in Sections 4493-4 and 4493-5.1, shall be amended stating the modified terms and an Amended Notice to citee shall be served on the violator. The daily civil penalty imposed for a violation that is an infraction shall not exceed the amount of the maximum amount of fines or penalties for infractions set forth in Government Code Sections 25132 subdivision (b).

(Ord. No. 4457, § 1, 12-10-2013)