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4.4.A. - Page 15 <br /> may specify that the offense is an infraction and proceed with prosecution <br /> as an infraction, unless the defendant, at the time of his arraignment of <br /> plea, objects to the offense being made an infraction, in which event the <br /> complaint shall be amended to charge a misdemeanor and the case shall <br /> proceed on a misdemeanor complaint. <br /> C) Civil Penalties. Any person who fails or refuses to submit a Waste <br /> Management Plan for a Covered Project shall be liable to the city for a civil <br /> penalty of not more than ten thousand dollars ($10,000.00) plus actual <br /> damages incurred by the City per violation per day for as long as the <br /> violation continues. In addition to the above described penalty and <br /> damages, the City may recover reasonable attorney's fees, court costs, <br /> and other expenses associated with the enforcement activities, including <br /> sampling and monitoring expenses. <br /> The City shall petition the court to impose, assess, and recover such <br /> sums. In determining amount of liability, the court shall take into account <br /> all relevant circumstances, including, but not limited to, the extent of harm <br /> caused by the violation, the magnitude and duration, any economic benefit <br /> gained through the violation, corrective actions by the violator, the <br /> compliance history of the violator, and any other factor as justice requires. <br /> D) In addition to the penalties provided herein, any condition caused or <br /> permitted to exist in violation of a provision of this code is a public <br /> nuisance and may be summarily abated as such. Each day that the <br /> condition continues it is a new and separate offense. Pursuant to Section <br /> 38773.5 of the California Government Code, in any action, administrative <br /> proceeding, or special proceeding brought by the City of Redwood City to <br /> abate a public nuisance, the prevailing party shall be entitled to <br /> reasonable attorney's fees. Recovery of attorneys' fees shall be limited as <br /> follows: <br /> a. To those actions or proceedings where the City has elected to <br /> recover attorneys' fees at the initiation of such actions or <br /> proceedings. <br /> b. The amount of attorneys' fees in any action, administrative action, <br /> or special proceedings awarded to a prevailing party shall not <br /> exceed the amount of reasonable attorneys' fees incurred by the <br /> City in the action or proceeding. <br /> ATTY/ORD.396/C&D ORD ADDING ARTICLE XI <br /> REV: 11-26-13 MLG <br /> Page 12 of 13 <br />