6224.3.
(a) A person shall not construct, place, maintain, own, use, or possess a structure or facility on land under the commission’s jurisdiction unless all necessary easements, leases, permits, and other instruments required by law that authorize the construction, design, placement, maintenance, ownership, use, or possession of the structure or facility have been obtained.(b) A person, other than a telegraph or telephone corporation acting pursuant to Section 7901 of the Public Utilities Code or a franchised cable television corporation, as defined in Section 216.4 of the Public Utilities Code, and limited to their usage of
poles, conduits, cables, wires, and associated appurtenances under either their ownership or the ownership of an electrical corporation, as defined in Section 218 of the Public Utilities Code, who violates subdivision (a) shall either be liable for a penalty of not more than one thousand dollars ($1,000) a day or assessed a monthly use and occupancy fee that is not more than 60 percent higher than the full fair market rental for each day that a violation occurs.
(c) In determining the appropriate penalty or fee described in subdivision (b), the commission shall consider all of the following factors:
(1) The physical extent of the violation on the land under the commission’s jurisdiction.
(2) The degree of culpability of the violator.
(3) The degree of cooperation of the violator.
(4) The past history of the violator in taking all feasible steps or procedures necessary or appropriate to correct a violation.
(5) The violator’s prior violations of statutes, rules, orders, or leases pertaining to lands under the commission’s jurisdiction.
(6) The impact the violation causes on the environment to public access, the public trust, or other property interests under the commission’s jurisdiction.
(7) Any matters relevant to a fair and just result.
(8) Any other factors determined by the commission to be relevant and consistent with the policy of the commission.
(d) The penalty and fee described in this section shall be imposed from the first day of the violation to the day the violation ends.
(e) If the penalty or fee described in this section is not paid within the time allowed under the final order, interest shall accrue at the rate prescribed by Section 6224. The final order may be recorded with the county clerk in any county of this state and shall have the same force, effect, and priority as a judgment lien.
(f) The commission may enjoin a person who violates subdivision (a) from continuing that violation.
(g) The commission may require a person who violates subdivision (a) to remove the structure or facility at the person’s own expense. If the violator refuses to remove the structure or facility, or if the violator cannot be located, the commission may,
at its own expense, remove the structure or facility from the land under the commission’s jurisdiction. The commission may pursue whatever legal remedies are available to recover the removal costs from the violator, including placing a lien on the assets of the violator.
(h) The commission may elect to take ownership of the structure or facility as a fixture and may exercise the state’s rights as owner of the structure or facility.
(i) For the purposes of this section, a structure or facility shall include, but is not limited to, buildings, boat houses, docks, piers, revetment, fill, pilings, pipelines, groins, jetties, seawalls, breakwaters, and bulkheads.
(j) The remedies provided in this section shall be obtained by the commission through administrative action or by the Attorney General through civil action. If
the Attorney General prevails in a civil action for a violation of this section, the state shall be awarded attorney’s fees and costs.
(k) The remedies provided by this section are in addition to and not in lieu of any other penalty or sanction provided by law.
(l) The commission may adopt regulations necessary or useful to carry out this section.