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Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

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Sec. A1-42. Civil actions and penalties.

(a) In addition to any other remedies provided in this chapter or any other law, ordinance or regulation, and regardless of whether the administrative abatement process in this chapter has occurred, the Office of the County Counsel or Office of the District Attorney may bring a civil action against any person who has violated or is violating any provision of this chapter, including but not limited to any person who has caused or contributed to a public nuisance, any person who fails to comply with an order to abate issued by the Board of Supervisors pursuant to Section A1-37(c), or any person upon whose property a public nuisance is abated through the summary abatement process. Any person determined by a court to have violated this chapter may be subject to civil penalties provided in this section and any other relief ordered by the court.

(b) In addition to any injunctive or equitable relief that the court in its discretion deems warranted, the civil penalties assessed shall be as follows:

(1) A first violation of this chapter shall be punishable by a civil penalty not exceeding $2,500.00 per day or portion of a day during which the public nuisance exists.

(2) A second violation of this chapter within five years shall be punishable by a fine not exceeding $5,000.00 per day or portion of a day during which the public nuisance exists.

(c) If the civil penalties assessed are not sufficient to provide full restitution to the County for its abatement costs as defined in section A1-41 and Government Code Section 25845, the court shall award an additional amount to the County to provide full restitution. Any civil penalties assessed pursuant to this section and any additional amount awarded to the County for restitution shall be paid to the County Treasurer/Controller.

(d) The court may also require the property owner to reimburse any other persons, entities or public agencies for any damages sustained or costs incurred as a result of the public nuisance, including but not limited to attorneys' fees.

(e) Upon entry of a second or subsequent civil or criminal judgment within a two-year period finding that a property owner is responsible for a condition that may be abated pursuant to this chapter, the court may order the owner to pay treble the abatement costs. This treble damages provision does not apply to conditions abated pursuant to Health and Safety Code Section 17980.

(Ord. No. NS-300.735, § 1, 10-19-04)

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