Santa Clara County Municipal Code § B11-400 Civil penalties

(a) Any person conducting any activity in violation of the provisions of this chapter or regulations adopted pursuant to this chapter will be liable for a civil penalty not less than $500.00 and not to exceed $5,000.00 per day for each violation, which will be assessed and recovered in a civil action by the District Attorney or the County Counsel. In determining the penalty, the court will consider all relevant circumstances, including but not limited to the following:

(1) The extent of harm or potential harm caused by the violation;

(2) The nature and persistence of the violation;

(3) The length of time over which the violation occurred;

(4) The frequency of past violations;

(5) The permittee's record of maintenance;

(6) Corrective action, if any, taken by the permittee.

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

(Ord. No. NS-517.72, § 2, 4-15-03)

Any administrative, civil and/or criminal penalties collected pursuant to this chapter will be deposited into the hazardous materials program account.

(Ord. No. NS-517.72, § 2, 4-15-03)