Saratoga Municipal Code Art. 8-55 Enforcement

Criminal sanctions may be sought for violations of this Chapter, to the extent available under existing City or County ordinance code provisions.

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 8-30.010 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 assessed and recovered in a civil action brought in the name of the people by the County Counsel. 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 County prevails, the court shall determine and impose reasonable expenses, including attorney's fees, incurred by the County in the investigation and prosecution of the action.

A civil action may be instituted against any employer by any 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 Chapter 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 attorney's fees. The court may award punitive damages in a proper case.

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