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SB-1449 Coastal resources: enforcement.(1991-1992)

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SB1449:v93#DOCUMENT

Senate Bill No. 1449
CHAPTER 955

An act to add Section 30826 to, to repeal Section 30821 of, and to repeal and add Section 30820 of, the Public Resources Code, relating to coastal resources.

[ Filed with Secretary of State  September 28, 1992. Approved by Governor  September 26, 1992. ]

LEGISLATIVE COUNSEL'S DIGEST


SB 1449, Rosenthal. Coastal resources: enforcement.
Under existing law, any person who violates any provision of the California Coastal Act of 1976 is subject to a civil fine of not to exceed $10,000 and may be subject to a specified additional daily civil fine for any development in violation of the act.
This bill would delete those penalties. The bill would authorize civil liability to be imposed on any person who performs or undertakes development in violation of the act, or inconsistent with any coastal development permit previously issued by the California Coastal Commission or a local government that is implementing a certified local coastal program or a port governing body that is implementing a certified port master plan, subject to specified maximum and minimum amounts, varying according to whether the violation is intentional and knowing. The bill would prescribe procedures and factors to be considered in the imposition of civil liability and related matters, including the disposition of fines.
The bill would authorize the commission, local government, or port governing body to order restoration of a site under prescribed circumstances.

The people of the State of California do enact as follows:


SECTION 1.

 Section 30820 of the Public Resources Code is repealed.

SEC. 2.

 Section 30820 is added to the Public Resources Code, to read:

30820.
 (a)  Any person who performs or undertakes development in violation of this division, or inconsistent with any coastal development permit previously issued by the commission or 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 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 exceed thirty thousand dollars ($30,000) and shall not be less than five hundred dollars ($500).
(b)  Any person who performs or undertakes development in violation of this division, or 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 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 or expected to result as a consequence of the violation, and such other matters as justice may require.

SEC. 3.

 Section 30821 of the Public Resources Code is repealed.

SEC. 4.

 Section 30826 is added to the Public Resources Code, to read:

30826.
 In addition to any other authority to order restoration, 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, after a public hearing, order restoration of a site if it finds that the development has occurred without a coastal development permit from the commission, local government, or port governing body, the development is inconsistent with this division, and the development is causing continuing resource damage.