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

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Sec. B11 1/2-7. Violation--Civil penalty.

Any person who intentionally or negligently violates any provision of this division or any provision of any permit issued pursuant to this division shall be subject to civil penalties in a sum not less than $1,000.00 or more than $25,000.00 for each day of violation. The civil penalty provided in this section is cumulative and not exclusive, and shall be in addition to all other remedies available to the County under state and federal law and local ordinance. Any civil penalties collected pursuant to this section shall be deposited into the Clean Water Program account.

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 frequency of past violations;

(d) Corrective action, if any, taken by the violator.

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.

(Ord. No. NS-517.74, § 1, 10-17-06)

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