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,begin delete 2017end deletebegin insert 2019end insert, 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. The bill would prohibit the assessment of administrative penalties if the homeowner corrects the violations, as specified.
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.
P3 1(c) In determining the amount of civil liability, the commission
2shall take into account the factors set forth in subdivision (c) of
3Section 30820.
4(d) A person shall not be subject to both monetary civil liability
5imposed under this section and monetary civil liability imposed
6by the superior court for the same act or failure to act. In the event
7that a person who is assessed a penalty under this section fails to
8pay the administrative penalty, otherwise fails to comply with a
9restoration or cease and desist order issued by the commission in
10connection with the penalty action, or challenges any of these
11actions by the commission in a court of law, the commission may
12maintain an action or otherwise engage in judicial proceedings to
13enforce those requirements and the court may grant any relief as
14provided under this chapter.
15(e) If a person fails to pay a penalty imposed by the commission
16pursuant to this section, the commission may record a lien on the
17property in the amount of the penalty assessed by the commission.
18This lien shall have the force, effect, and priority of a judgment
19lien.
20(f) In enacting this section, it is the intent of the Legislature to
21ensure that unintentional, minor violations of this division that
22only cause de minimis harm will not lead to the imposition of civil
23penalties if the violator has acted expeditiously to correct the
24violation.
25(g) “Person,” for the purpose of this section, does not include
26a local government, a special district, or an agency thereof when
27acting in a legislative or adjudicative
capacity.
28(h) Administrative penalties pursuant to subdivision (a) shall
29not be assessed if the property owner corrects the violation
30consistent with this division within 30 days of receiving written
31notification from the commission regarding the notification, and
32if the alleged violator can correct the violation without undertaking
33additional development that requires a permit under this division.
34This subdivision shall not apply to violations of previous permit
35conditions.
36(i) The commission shall prepare and submit, pursuant to Section
379795 of the Government Code, a report to the Legislature by
38January 15,begin delete 2016,end deletebegin insert 2018,end insert
that includes all of the following:
P4 1(1) The number of new violations reported annually to the
2commission from January 1, 2014, to December 31,begin delete 2015,end deletebegin insert 2017, end insert
3 inclusive.
4(2) The number of violations resolved from January 1, 2014, to
5December 31,begin delete 2015,end deletebegin insert 2017,end insert inclusive.
6(3) The number of administrative penalties issued pursuant to
7this section, the dollar amount of the
penalties, and a description
8of the violations from January 1, 2014, to December 31,begin delete 2015,end delete
9begin insert
2017, end insert inclusive.
10(j) This section shall remain in effect only until January 1,begin delete 2017end delete
11begin insert 2019end insert, and as of that date is repealed, unless a later enacted statute,
12that is enacted before January 1,begin delete 2017end deletebegin insert
2019end insert, deletes or extends
13that date.
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