§ 8704.1. — 8704.1. (Added by Stats. 2013, Ch. 639, Sec. 3.)

California § 8704.1.

• Jurisdiction: California
• Code WAT: Water Code - WAT
• Div. 5.: DIVISION 5. FLOOD CONTROL
• Part 4.: PART 4. THE CENTRAL VALLEY FLOOD PROTECTION BOARD
• Ch. 3.: CHAPTER 3. Powers, Duties and Jurisdiction
• Art. 6.: ARTICLE 6. Enforcement of Unauthorized Activities and Encroachments

Text

(a)
Administrative penalties may be imposed by the board in the same manner as civil penalties described in Section 8704, upon an enforcement hearing and issuance of an enforcement order pursuant to Section 8701.4, but shall not be less than five hundred dollars ($500) or exceed fifty thousand dollars ($50,000) for a single violation.
(b)
In imposing penalties, the board shall express its rationale for the amount and specifically address the factors listed under subdivision (c) of Section 8704.
(c)
Any penalties imposed shall be paid within 60 days.
(d)
A person or public
agency shall not be subject to both civil and administrative penalties for the same violation.
(e)
After the time for judicial review pursuant to Section 8579 has passed, the board may apply to the clerk of the appropriate court in the county in which the administrative penalties were imposed for a judgment to collect the penalties assessed. The application, which shall include a certified copy of the board action, constitutes a sufficient showing to warrant issuance of the judgment. The clerk shall enter judgment immediately in conformity with the application. The judgment so entered has the same force and effect, and is subject to all the provisions of law relating to, a judgment in a civil action and may be enforced in the same manner as any other judgment of the court in which it is entered.

Legislative History

Added by Stats. 2013, Ch. 639, Sec. 3. (SB 753) Effective January 1, 2014.