§ 17.68.1050. Civil penalties.

Any person, firm, or corporation who intentionally or negligently violates any provision of this chapter, except that an unauthorized discharge which is recordable and recorded in compliance with Section 17.68.450 shall not be a violation of this chapter for purposes of this section, or fails to comply with any order issued thereunder, shall be liable for a civil penalty not to exceed five hundred dollars per day for each violation which shall be and recovered in a civil action brought in the name of the people by the city attorney. In determining the penalty, the court shall consider all relevant circumstances, including but not limited to the following:

A.

The extent of harm or potential harm caused by the violation;

B.

The nature and persistence of the violation;

C.

The length of time over which the violation occurred;

D.

The frequency of past violations;

E.

The permittee's record of maintenance;

F.

Corrective action, if any, taken by the permittee.

In any civil action brought pursuant hereto, in which the city prevails, the court shall determine and impose reasonable expenses, including attorneys' fees, incurred by the city in the investigation and prosecution of the action.

(Ord. 21334.)