§ 18C-25. Stewardship plans—Enforcement and penalties.

(A)

The director shall administer the penalty provisions of this article. If the director determines that any person has violated this article or a regulation adopted pursuant to this article, the violation shall constitute an infraction. Any violation of the provisions of this article by any person is also subject to administrative fines as provided in chapter 24A of this Code. These remedies are not exclusive of any other remedies available under other federal, state or local laws and it is within the discretion of the director to seek cumulative remedies.

(B)

Any person who knowingly and willfully violates the requirements of this article or any rule or regulation adopted pursuant to this article is guilty of a misdemeanor and upon conviction thereof is punishable by a fine of not less than fifty dollars and not more than one thousand dollars for each day per violation, or by imprisonment for a period not to exceed six months, or by both such fine and imprisonment.

(C)

Any person in violation of this article or any rule or regulation adopted pursuant to this article shall be liable to the county for a civil penalty in an amount not to exceed one thousand dollars per day per violation. Each day in which the violation continues shall constitute a separate violation. Civil penalties shall not be assessed pursuant to this section 18C-25(C) for the same violations for which the director assessed an administrative penalty pursuant to section 18C-25(A).

(D)

In determining the appropriate penalties, the court or the director shall consider the extent of harm caused by the violation, the nature and persistence of the violation, the frequency of past violations, any action taken to mitigate the violation, and the financial burden to the violator.

(Ord. No. 4971, 6-21-2016)