SECTIONS 30820-30824 - California Statutes

PUBLIC RESOURCES CODE

SECTION 30820-30824

30820. (a) Any person who violates any provision of this division
may be civilly liable in accordance with this subdivision as follows:
(1) Civil liability may be imposed by the superior court in
accordance with this article on any person who performs or undertakes
development that is in violation of this division or that is
inconsistent with any coastal development permit previously issued by
the commission, a local government that is implementing a certified
local coastal program, or a port governing body that is implementing
a certified port master plan, in an amount that shall not exceed
thirty thousand dollars ($30,000) and shall not be less than five
hundred dollars ($500).
(2) Civil liability may be imposed for any violation of this
division other than that specified in paragraph (1) in an amount that
shall not exceed thirty thousand dollars ($30,000).
(b) Any person who performs or undertakes development that is in
violation of this division or that is inconsistent with any coastal
development permit previously issued by the commission, a local
government that is implementing a certified local coastal program, or
a port governing body that is implementing a certified port master
plan, when the person intentionally and knowingly performs or
undertakes the development in violation of this division or
inconsistent with any previously issued coastal development permit,
may, in addition to any other penalties, be civilly liable in
accordance with this subdivision. Civil liability may be imposed by
the superior court in accordance with this article for a violation as
specified in this subdivision in an amount which shall not be less
than one thousand dollars ($1,000), nor more than fifteen thousand
dollars ($15,000), per day for each day in which the violation
persists.
(c) In determining the amount of civil liability, the following
factors shall be considered:
(1) The nature, circumstance, extent, and gravity of the
violation.
(2) Whether the violation is susceptible to restoration or other
remedial measures.
(3) The sensitivity of the resource affected by the violation.
(4) The cost to the state of bringing the action.
(5) With respect to the violator, any voluntary restoration or
remedial measures undertaken, any prior history of violations, the
degree of culpability, economic profits, if any, resulting from, or
expected to result as a consequence of, the violation, and such other
matters as justice may require.

30821.6. (a) Any person or governmental agency who intentionally or
negligently violates any cease and desist order issued, reissued, or
amended by the executive director or the commission, or any
restoration order issued, reissued, or amended by the commission, a
local government that is implementing a certified local coastal
program, or a port governing body that is implementing a certified
port master plan may be liable civilly in a sum of not to exceed six
thousand dollars ($6,000) for each day in which that violation
persists. Any actual penalty imposed shall be reasonably
proportionate to the damage suffered as a consequence of the
violation.
(b) Sections 30809 and 30810 and subdivision (a) of this section
do not authorize the issuance or enforcement of any cease and desist
order as to any activity undertaken by a local governmental agency
pursuant to a declaration of emergency by the board of supervisors of
the county in which the activity is being or may be undertaken.

30822. Where a person has intentionally and knowingly violated any
provision of this division or any order issued pursuant to this
division, the commission may maintain an action, in addition to
Section 30803 or 30805, for exemplary damages and may recover an
award, the size of which is left to the discretion of the court. In
exercising its discretion, the court shall consider the amount of
liability necessary to deter further violations.

30823. Any funds derived under this article shall be expended for
carrying out the provisions of this division, when appropriated by
the Legislature. Funds so derived shall be deposited in the Violation
Remediation Account of the Coastal Conservancy Fund until
appropriated.

30824. In addition to any other applicable penalty, any commission
member who knowingly violates Section 30324 is subject to a civil
fine, not to exceed seven thousand five hundred dollars ($7,500).
Notwithstanding any law to the contrary, the court may award
attorneys' fees and costs to the prevailing party.