§ 66640. — 66640. (Amended by Stats. 2004, Ch. 618, Sec. 6.)

California § 66640.

• Jurisdiction: California
• Code GOV: Government Code - GOV
• Title 7.2.: TITLE 7.2. SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION
• Ch. 4.: CHAPTER 4. Powers and Duties of the Commission

Text

(a)
Upon the failure of a person to comply with a permit or a cease and desist order issued by the executive director or the commission, or with any provision of this title, the Attorney General, upon request of the commission, shall petition the superior court for the issuance of a preliminary or permanent injunction, or both, as may be appropriate, restraining the person or persons from continuing any activity in violation of the permit, order, or provision of this title.
(b)
The evidence before the court shall consist of the record before the executive director or the commission, whoever initially issued the order, and any other relevant evidence that, in the judgment of the court, should be considered to effectuate and implement the policies of this title. In every case brought under this section, the court shall exercise its independent judgment on the evidence.
(c)
The court shall issue an order directing defendants to appear before the court at a time and place certain and show cause why the injunction should not be issued. The court may grant any prohibitory or mandatory relief that may be warranted.
(d)
The court may stay the operation of the cease and desist order after notice to the executive director or the commission, whichever initially issued the order, and hearing. The stay may be imposed or continued only if it is not against the public interest.

Legislative History

Amended by Stats. 2004, Ch. 618, Sec. 6. Effective January 1, 2005.