SECTIONS 19997 - California Statutes

HEALTH AND SAFETY CODE

SECTION 19997

19997. (a) Any person who violates any of the provisions of this
part, a building standard published in the State Building Standards
Code relating to factory-built housing, or any other rules or
regulations adopted pursuant to this part is guilty of a misdemeanor,
punishable by a fine not exceeding one thousand dollars ($1,000) or
by imprisonment not exceeding 30 days, or by both that fine and
imprisonment.
(b) (1) For violations of Section 19980, 19991.3, or 19991.4, the
department shall assess civil penalties in a range between two
hundred fifty dollars ($250) and two thousand dollars ($2,000). When
determining the amount of the assessed civil penalty, the department
shall take into consideration whether one or more of the following or
similar circumstances apply:
(A) The citation includes multiple violations.
(B) The cited person has a history of violations of the same or
similar provisions of this part and the regulations promulgated under
this part.
(C) In the judgment of the department, the person has exhibited
bad faith or a conflict of interest.
(D) In the judgment of the department, the violation is serious or
harmful.
(E) The citation involves a violation perpetrated against a senior
citizen, veteran, or person with disabilities.
(F) There is exculpatory evidence that, in the judgment of the
department, is material to the elements of the current violation for
which the citation is being issued and is significantly related to
the degree of fault.
(2) If a citation lists more than one violation and each of the
violations relates to the same manufacturing facility or client, the
total penalty assessment in each citation shall not exceed ten
thousand dollars ($10,000).
(3) If a citation lists more than one violation, the amount of
assessed civil penalty shall be stated separately for each section
violated.
(4) Appeals procedures shall be the same as those provided under
subdivisions (c) to (e), inclusive, of Section 18021.7.
(c) Nothing in this section is intended to preclude remedies
available under other provisions of law.