Hayward Municipal Code Part XII Enforcement

A violation of any provision of this Article or a failure to comply with the terms and conditions of any permit issued hereunder shall be punishable as provided in Chapter 1, Article 3, Section 1-3.00 of this Code. Each day that a violation or failure to comply continues shall be deemed a separate offense and punishable as such. The Fire Chief and his designees shall have and are hereby vested with the authority to enforce the provisions of this Article in the manner provided by California Penal Code Section 836.5.

(Amended by Ordinance No. 86-024 C.S., adopted August 5, 1986.)

Any person, firm, or corporation who intentionally or negligently violates any provision of this Article, except that an unauthorized release which is recordable and recorded in compliance with Section 3-8.26 shall not be a violation of this Article 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 ($500.00) per day for each violation which shall be assessed and recovered in a civil action brought in the name of the people by the City Attorney or District 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 City prevails, the court shall determine and impose reasonable expenses, including attorneys' fees, incurred by City in the investigation and prosecution of the action.

Remedies under this Article are in addition to and do not supersede or limit any and all other remedies, civil or criminal.

A civil action may be instituted against any employer by an employee who has been discharged, demoted, suspended, or in any other manner discriminated against in terms or conditions of employment, or threatened with any such retaliation, because such employee has, in good faith, made any oral or written report or complaint related to the enforcement of this Article to any company official, public official, or union official, or has testified in any proceeding in any way related thereto. In addition to any actual damages which may be awarded, damages shall include costs and attorneys' fees. The court may award punitive damages in a proper case.