1.
Civil Penalties. Any owner, operator, guarantor, or permittee who fails to comply
with the provisions of this chapter is subject to a civil penalty not to exceed twenty-five
thousand dollars per day of operation. The director may elect to pursue any violation
of this chapter, pursuant to chapter 24A of the county code (Administrative Fines and Penalties).
(b)
Criminal Penalties. Any person, whether as principal, agent, employee or otherwise,
violating any provisions of this chapter shall be guilty of an infraction, and upon
conviction thereof, shall be punishable by a fine not exceeding five hundred dollars
for each violation. An offense that would otherwise be an infraction may, at the discretion
of the district attorney, be filed as a misdemeanor. Upon conviction of a misdemeanor,
punishment shall be a fine of not less than five hundred dollars nor more than twenty-five
thousand dollars or imprisonment in the county jail for a period not to exceed six
months or by both such fine and imprisonment. Each and every day during any portion
of which any violation of this chapter is committed, continued or permitted by such
person shall be deemed a separate and distinct offense.
(c)
Injunction. Whenever, in the judgment of the director, any person has engaged in,
is engaged in, or is about to engage in any act(s) or practice(s) which constitute
or will constitute a violation of the provisions of this chapter of the Santa Barbara
County code, or any rule, regulation, requirement, or other order issued, promulgated,
or executed thereunder, the district attorney or county counsel may make application
to the superior court for an order enjoining such acts or practices, or for an order
directing compliance, and upon a showing that such person has engaged in or is about
to engage in any such acts or practices, a permanent or temporary injunction, restraining
order, or other order may be granted. In any civil action brought pursuant to this
chapter in which a temporary restraining order, preliminary injunction, or permanent
injunction is sought, it shall not be necessary to allege or prove at any stage of
the proceeding that irreparable damage will occur should the temporary restraining
order, preliminary injunction, or permanent injunction not be issued; or that the
legal remedies are inadequate.
(d)
Cumulative Remedies and Penalties. The remedies or penalties provided by this chapter
are cumulative to each other and to the remedies or penalties available under all
other laws of this state.
