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01/28/2013 <br /> Sec. 29.52. Penalties for Violation. <br /> A. Crimina/ Penalties. Any person who knowingly and willfully violates the <br /> requirements of this chapter or any Condition of a Permit issued pursuant <br /> thereto is guilty of a misdemeanor and upon conviction thereof is punishable <br /> as set forth in Chapter 1 of this Code. <br /> B. Civil Penalties. Any person in violation of this chapter or any Condition of a <br /> Permit issued pursuant thereto shall be liable to the City of Redwood City for <br /> a civil penalty in an amount not to exceed one thousand dollars ($1,000) per <br /> day per violation. Each day in which the violation continues shall constitute a <br /> separate and distinct violation. <br /> C. Administrative Penalties. The Department may issue to any person an <br /> administrative citation pursuant to Chapter 1 of this Code, for violating this <br /> chapter or any Condition of a Permit issued pursuant thereto. The <br /> administrative citation shall allege acts or omissions that constitute a violation <br /> and the amount of the proposed administration penalty sought. Such <br /> administrative penalty shall be in an amount not to exceed one thousand <br /> ($1,000) per day per violation. Each day in which the violation continues shall <br /> constitute a separate and distinct violation. <br /> D. Non-Duplication of Penalty Assessment. Civil penalties shall not be assessed <br /> pursuant to Subsection B for same violations for which the Department <br /> assessed an administrative penalty pursuant to Subsection C. <br /> E. Factors Considered. In determine the appropriate penalties, the court or the <br /> Director in accordance with the penalty proposed, shall consider the extent of <br /> harm caused by the violation, the nature and persistence of the violation, the <br /> frequency of past violations, any action taken to mitigate the violation, and the <br /> financial burden to the violator. <br /> F. Restitution. As a part of a criminal or civil penalty imposed by the City or a <br /> court, the City or court may also assess against any person who allows or <br /> causes the violation or unauthorized encroachment, as restitution and for <br /> deposit in the City's pavement damage restoration fund (i) an amount equal to <br /> the value of the unauthorized work done, or (ii) an amount equal to the <br /> prevailing cost, including equipment and labor costs, of restoring, repairing <br /> and replacing the damage to the right-of-way or City property. <br /> G. Injunctive Relief. A civil action may be commenced to abate, enjoin, or <br /> otherwise compel the cessation of a violation of any provision of this chapter. <br /> H. Costs. In any civil action brought pursuant to this chapter in which the City <br /> prevails, the court shall award to the City all costs of investigation and <br /> preparation for trial, the costs of trial, reasonable expenses including <br /> overhead and administrative costs incurred in prosecuting the action and <br /> reasonable attorneys' fees. <br /> ATTY/ORD.377/AMENDING CHAPTER 29 STREETS,SIDEWALKS AND DRIVEWAYS ORD.#2390 <br /> REV:01-22-13 PT FORMERLY MUFF#305 <br /> Page 27 of 28 <br />