(a) Criminal Enforcement. Any person who violates any provision of this chapter is guilty of a misdemeanor, the penalty for which is set forth in County Code Section 1.12.030.
(b) Civil Enforcement.
1. Civil Fines
A. Any person who negligently violates any provision of this chapter is liable to the County of Santa Cruz in a sum not to exceed two hundred fifty dollars per day for each day in which the violation occurs.
B. Any person who intentionally violates any provision of this chapter is liable for a civil penalty to the County of Santa Cruz for a sum not less than five hundred dollars nor more than five thousand dollars for each day in which such violation occurs.
C. Any person who intentionally demolishes or substantially destroys an historical resource in violation of any provision of this chapter is liable for a civil penalty to the County for a sum not less than one thousand dollars nor more than ten thousand dollars.
D. Any civil action filed pursuant to this chapter shall be brought by the District Attorney or County Counsel. In any civil action filed pursuant hereto in which the County prevails, the person against whom judgement is rendered shall also be liable for reasonable expenses including attorney’s fees, as determined by the court, incurred by the County in the investigation and prosecution of the action.
E. Civil fines collected for violations of this ordinance shall be placed in a trust fund to be utilized for historic resource protection and education purposes at the direction of the Board of Supervisors.
2. Equitable Relief. Any violation of this Chapter shall be, and the same is hereby declared to be, unlawful and a public nuisance. The County Counsel or the District Attorney shall upon written request of the Planning Director, or upon order of the Board of Supervisors immediately commence and prosecute to completion action or proceedings for the injunctive and other equitable relief, in the manner provided by law, to obtain compliance with this Chapter. In any civil action filed pursuant hereto in which the County prevails, the person against whom judgement is rendered shall also be liable for reasonable expenses including attorney’s fees, as determined by the court, incurred by the County in the investigation and prosecution of the action.
3. Effect on Related Permit Applications. No permit shall be issued to an applicant, owner or property as to whom or which a violation of this Chapter exists until such violation is corrected or unless the permit sought is for a project which includes correction of such violation.
4. Permit Revocation. Any permit granted may be revoked on the basis of a related violation of this Chapter by the permit holder or his/her agent, all in accordance with the Permit Revocation provision of the Santa Cruz County Code.
5. Recording Notice of Violation. Whenever the Planning Director has knowledge of a violation of this chapter, he/she may provide a notice of intent to record an Notice of Violation to the owner of the property upon which the violation is located. Notice shall be provided by posting on the property and by mail at the address shown on the latest assessment roll or at any other address of the owner known to the Planning Director. The notice shall state that within twenty (20) calendar days of the date of the notice, the owner may request a meeting with the Planning Director to present evidence that a violation does not exist. In the event that a meeting is not requested and the violation has not been corrected, or in the event that after consideration of evidence the Planning Director determines that a violation in fact exists, he/she may record a Notice of Violation in the office of the County Recorder. At the request of any affected property owner, the Planning Director shall issue a notice of expungement of violation upon determination by the Planning Director of correction of such violation. The notice of expungement may be recorded by the affected property owner at his or her expense.
(c) Determination of Penalties. In determining both the civil and criminal penalties imposed pursuant to this article, the court shall consider all relevant circumstances, including, but not limited to, the impact on the County Historic Resource caused by the violation, the nature and extent of the violation and the period of time over which it occurred, the frequency of past violations, and the corrective action, if any, taken by the person, who caused the violation.
(d) Other Remedies Unimpaired. Remedies under this article are in addition to and do not supersede or limit any and all other remedies, civil or criminal.