AB 976, as amended, Atkins. Coastal resources: California Coastal Act of 1976: enforcement: penalties.
The California Coastal Act of 1976 requires a person undertaking development in the coastal zone to obtain a coastal development permit in accordance with prescribed procedures. Existing law authorizes the superior court to impose civil liability on a person who performs or undertakes development that is in violation of the act or that is inconsistent with a previously issued coastal development permit, and on a person who violates the act in any other manner.
This bill would authorize, until January 1, 2017, the California Coastal Commission to impose upon a person who violates the act an administrative civil penalty by a majority vote of the commissioners, upon consideration of various factors, and in an amount not to exceed 75% of the maximum civil penalty that may be imposed in the superior court, as specified.
This bill would prohibit a person, as defined, from being subject to both this monetary civil liability imposed by the commission and a monetary civil liability imposed by the superior court for the same act or failure to act. The bill, in the event that a person who is assessed a penalty by the commission fails to pay the penalty, fails to comply with a restoration or cease and desist order, or challenges any of these actions in a court of law, would authorize the commission to maintain an action or otherwise engage in judicial proceedings to enforce those requirements and would authorize the court to grant relief, as specified. This bill would also allow the commission to record a lien on the property of a violator in the amount of the penalty assessed by the commission if the violator fails to pay the penalty.begin insert The bill would prohibit the assessment of administrative penalties if the homeowner corrects the violations, as specified.end insert
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 30821 is added to the Public Resources
2Code, to read:
(a) In addition to any other penalties imposed pursuant
4to this division, a person, including a landowner, who is in violation
5of a provision of this division is subject to an administrative civil
6penalty that may be imposed by the commission in an amount not
7to exceed 75 percent of the amount of the maximum penalty
8authorized pursuant to subdivision (b) of Section 30820 for each
9violation.
10(b) All penalties imposed pursuant to subdivision (a) shall be
11imposed by majority vote of the commissioners present in a duly
12noticed public hearing in compliance with the requirements of
13Section 30810, 30811, or 30812.
14(c) In determining the amount of civil liability, the commission
15shall take into account the factors set forth in subdivision (c) of
16Section 30820.
P3 1(d) A person shall not be subject to both monetary civil liability
2imposed under this section and monetary civil liability imposed
3by the superior court for the same act or failure to act. In the event
4that a person who is assessed a penalty under this section fails to
5pay the administrative penalty, otherwise fails to comply with a
6restoration or cease and desist order issued by the commission in
7connection with the penalty action, or challenges any of these
8actions by the commission in a court of law, the commission may
9maintain an action or otherwise engage in judicial proceedings to
10enforce those requirements and the court may grant any relief as
11provided under this chapter.
12(e) If a person fails to pay a penalty imposed by the commission
13pursuant to this section, the commission may record a lien on the
14property in the amount of the penalty assessed by the commission.
15This lien shall have the force, effect, and priority of a judgment
16lien.
17(f) In enacting this section, it is the intent of the Legislature to
18ensure that unintentional, minor violations of this division that
19only cause de minimis harm will not lead to the imposition of civil
20penalties if the violator has acted expeditiously to correct the
21violation.
22(g) “Person,” for the purpose of this section, does not include
23a local government, a special district, or an agency thereof when
24acting in a legislative or adjudicative
capacity.
25(h) This section shall remain in effect only until January 1, 2017.
end delete
26(h) Administrative penalties pursuant to subdivision (a) shall
27not be assessed if the property owner corrects the violation
28consistent with this division within 30 days of receiving written
29notification from the commission regarding the notification, and
30if the alleged violator can correct the violation without undertaking
31additional development that requires a permit under this division.
32This subdivision shall not apply to violations of previous permit
33conditions.
34(i) The commission shall prepare and
submit, pursuant to
35Section 9795 of the Government Code, a report to the Legislature
36by January 15, 2016, that includes all of the following:
37(1) The number of new violations reported annually to the
38commission from January 1, 2014, to December 31, 2015,
39inclusive.
P4 1(2) The number of violations resolved from January 1, 2014, to
2December 31, 2015, inclusive.
3(3) The number of administrative penalties issued pursuant to
4this section, the dollar amount of the penalties, and a description
5of the violations from January 1, 2014, to December 31, 2015,
6inclusive.
7(j) This section shall remain in effect only until January 1, 2017,
8and as of that date is repealed, unless a later enacted statute, that
9is enacted before January 1, 2017, deletes or
extends that date.
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