§ 184.98.

PENALTIES

a.

If the Director determines that the permittee has exceeded the scope of the permit, either in terms of duration or area, or determines any other violation of the permit terms or conditions has occurred, the Director shall order the permittee to correct the violation within a specified time period. If any person has occupied public right-of-way without a permit, the Director shall immediately order the violator to vacate the occupied area.

b.

Failure to pay any fee assessed under these provisions shall constitute good cause for immediate revocation of the permit or removal of unpermitted obstructions.

c.

Criminal Penalty.

1.

Any person who shall violate any of the provisions of this Section shall be guilty of an infraction at each location where such violation occurs. Every violation determined to be an infraction is punishable by (A) a fine not exceeding $100 for the first violation within one year; (B) a fine not exceeding $200 for a second violation within one year from the date of the first violation; (C) a fine not exceeding $500 for the third and each additional violation within one year from the date of the first violation.

2.

When a government official authorized to enforce this Section has reasonable cause to believe that any person has committed an infraction in the official’s presence that is a violation of this Section, the official may issue a citation to that person pursuant to California Penal Code, Part II, Title 3, Chapters 5, 5C, and 5D.

d.

Civil Penalties.

1.

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 Article, and for assessment and recovery of a civil penalty and reasonable attorney’s fees for such violation.

2.

Any person who violates this Article may be liable for a civil penalty, not to exceed $500 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 any one 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 attorneys fees and costs incurred in bringing a civil action pursuant to this Section.

e.

Administrative Penalty. In the alternative to the criminal or civil penalties authorized by Subsections (c) and (d) of this Section, Department of Public Works officials designated in Section 38 of the Police Code may issue administrative citations for such violations. The administrative penalty shall not exceed $1,000 per day for each violation. Notwithstanding the above limitation, should a violation not be corrected as the Director has ordered or in the case of occupation without a permit, the permittee or person shall pay a penalty fee of up to $5,000 per day for each day of violation. Such penalty shall be assessed, enforced, and collected in accordance with Section 39-1 of the Police Code.

History

(Added by Ord. 298-10, File No. 101352, App. 12/3/2010; amended by Ord. 119-13, File No. 120193, App. 6/28/2013, Eff. 7/28/2013)

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