In case of any failure by the permittee to perform or comply with any term or provision
of this conditional use permit, the final decision-making authority that would act
on the permit may, after notice to the permittee and a public hearing, determine by
resolution the amount of the civil penalty to be levied against the permittee. Said
penalty shall be paid within 30 days unless the penalty is under appeal. Failure to
pay the penalty within the allotted time period shall be considered grounds for suspension
of the subject use, pursuant to Sec. 8111-7.2, until such time as the penalty is paid. The payment of a civil penalty shall not
insulate the permittee from liability in excess of the sum of the penalty for damages
or injury or expense or liability suffered by the County of Ventura from any breach
by the permittee of any term or condition of said permit or of any applicable ordinance
or of this security. Said penalty is separate from the "administrative penalty" that
the County may impose pursuant to SMARA.
The maximum penalty that can be levied against a permittee at any given time shall
be in accordance with the amounts set forth below. The amounts for a given permit
may be increased to adjust for inflation pursuant to the conditions of the subject
permit.
Total Permitted Extraction
(Life of the Project)
Applicable Civil
Penalty Ceiling
Less than 10,000 cu. yards
$ 5,000.00
10,000 to 99,999 cu. yards
10,000.00
100,000 to 999,999 cu. yards
15,000.00
1,000,000+ cu. yards
25,000.00
(Am. Ord. 4092—6/27/95)
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