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01/13/2014 complaint shall be amended to charge a misdemeanor and the case shall proceed on a misdemeanor complaint. C) Civil Penalties. Any person who fails or refuses to submit a Waste Management Plan for a Covered Project shall be liable to the city for a civil penalty of not more than ten thousand dollars ($10,000.00) plus actual damages incurred by the City per violation per day for as long as the violation continues. In addition to the above described penalty and damages, the City may recover reasonable attorney's fees, court costs, and other expenses associated with the enforcement activities, including sampling and monitoring expenses. The City shall petition the court to impose, assess, and recover such sums. In determining amount of liability, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration, any economic benefit gained through the violation, corrective actions by the violator, the compliance history of the violator, and any other factor as justice requires. D) In addition to the penalties provided herein, any condition caused or permitted to exist in violation of a provision of this code is a public nuisance and may be summarily abated as such. Each day that the condition continues it is a new and separate offense. Pursuant to Section 38773.5 of the California Government Code, in any action, administrative proceeding, or special proceeding brought by the City of Redwood City to abate a public nuisance, the prevailing party shall be entitled to reasonable attorney's fees. Recovery of attorneys' fees shall be limited as follows: a. To those actions or proceedings where the City has elected to recover attorneys' fees at the initiation of such actions or proceedings. b. The amount of attorneys' fees in any action, administrative action, or special proceedings awarded to a prevailing party shall not exceed the amount of reasonable attorneys' fees incurred by the City in the action or proceeding. Sec. 9.210. - Responsible Party: Every Applicant and/or owner of property on which a Covered Project occurs shall be responsible for compliance with the provisions of this Article. SECTION 2. Environmental Review. This Ordinance has been reviewed with respect to applicability of the California Environmental Quality Act ("CEQA") ATTY/ORD.396/C&D ORD ADDING ARTICLE XI ORD.#2401 REV:11-26-13 MLG FORMERLY MUFF#305 Page 12 of 13