§ 12.12.292. Civil penalties and fees.

A.

If no acceptable solution has been reached, the Director may call upon the City Attorney to maintain an action for injunction to restrain or summary abatement to cause the correction or abatement of the violation of this chapter; and for assessment and recovery of a civil penalty and reasonable attorney's fees for such violation.

B.

The responsible party who violates this Article may be liable for a civil penalty, not to exceed $500.00 for each day such violation is committed or permitted to continue, which penalty shall be assessed and recovered in a civil action brought in the name of the people of the City by the City Attorney in any court of competent jurisdiction. In assessing the amount of the civil penalty, the court may consider anyone or more of the relevant circumstances presented by any of the parties to the case, including, but not limited to, the following: the nature and seriousness of the misconduct, the number of violations, the persistence of the misconduct, the length of time over which the misconduct occurred, the willfulness of the defendant's misconduct, and the defendant's assets, liabilities, and net worth. The City Attorney also may seek recovery of the attorney's fees and costs incurred in bringing a civil action pursuant to this section.

(Ord. No. 13300, § 1, 3-31-2015)