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(continued) ) The cease and desist order may be subject to such terms and
conditions as the commission may determine are necessary to ensure
compliance with this division, including immediate removal of any
development or material or the setting of a schedule within which
steps shall be taken to obtain a permit pursuant to this division.
(c) Notice of the public hearing on a proposed cease and desist
order shall be given to all affected persons and agencies and the
order shall be final and effective upon the issuance of the order.
Copies shall be served immediately by certified mail upon the person
or governmental agency subject to the order and upon other affected
persons and agencies who appeared at the hearing or requested a copy.
The notice shall include a description of the civil remedy to a
cease and desist order, authorized by Section 30803.
30811. In addition to any other authority to order restoration, the
commission, a local government that is implementing a certified
local coastal program, or a port governing body that is implementing
a certified port master plan may, after a public hearing, order
restoration of a site if it finds that the development has occurred
without a coastal development permit from the commission, local
government, or port governing body, the development is inconsistent
with this division, and the development is causing continuing
30812. (a) Whenever the executive director of the commission has
determined, based on substantial evidence, that real property has
been developed in violation of this division, the executive director
may cause a notification of intention to record a notice of violation
to be mailed by regular and certified mail to the owner of the real
property at issue, describing the real property, identifying the
nature of the violation, naming the owners thereof, and stating that
if the owner objects to the filing of a notice of violation, an
opportunity will be given to the owner to present evidence on the
issue of whether a violation has occurred.
(b) The notification specified in subdivision (a) shall indicate
that the owner is required to respond in writing, within 20 days of
the postmarked mailing of the notification, to object to recording
the notice of violation. The notification shall also state that if,
within 20 days of mailing of the notification, the owner of the real
property at issue fails to inform the executive director of the owner'
s objection to recording the notice of violation, the executive
director shall record the notice of violation in the office of each
county recorder where all or part of the property is located.
(c) If the owner submits a timely objection to the proposed filing
of the notice of violation, a public hearing shall be held at the
next regularly scheduled commission meeting for which adequate public
notice can be provided, at which the owner may present evidence to
the commission why the notice of violation should not be recorded.
The hearing may be postponed for cause for not more than 90 days
after the date of the receipt of the objection to recordation of the
notice of violation.
(d) If, after the commission has completed its hearing and the
owner has been given the opportunity to present evidence, the
commission finds that, based on substantial evidence, a violation has
occurred, the executive director shall record the notice of
violation in the office of each county recorder where all or part of
the real property is located. If the commission finds that no
violation has occurred, the executive director shall mail a clearance
letter to the owner of the real property.
(e) (1) The notice of violation shall be contained in a separate
document prominently entitled "Notice of Violation of the Coastal
Act." The notice of violation shall contain all of the following
(A) The names of the owners of record.
(B) A legal description of the real property affected by the
(C) A statement specifically identifying the nature of the alleged
(D) A commission file number relating to the notice.
(2) The notice of violation, when properly recorded and indexed,
shall be considered notice of the violation to all successors in
interest in that property. This notice is for informational purposes
only and is not a defect, lien, or encumbrance on the property.
(f) Within 30 days after the final resolution of a violation that
is the subject of a recorded notice of violation, the executive
director shall mail a clearance letter to the owner of the real
property and shall record a notice of recision in the office of each
county recorder in which the notice of violation was filed,
indicating that the notice of violation is no longer valid. The
notice of recision shall have the same effect of a withdrawal or
expungement under Section 405.61 of the Code of Civil Procedure.
(g) The executive director may not invoke the procedures of this
section until all existing administrative methods for resolving the
violation have been utilized and the property owner has been made
aware of the potential for the recordation of a notice of violation.
For purposes of this subdivision, existing methods for resolving the
violation do not include the commencement of an administrative or
(h) This section only applies in circumstances where the
commission is the legally responsible coastal development permitting
authority or where a local government or port governing body requests
the commission to assist in the resolution of an unresolved
violation if the local government is the legally responsible coastal
development permitting authority.
(i) The commission, 24 months from the date of recordation, shall
review each notice of violation that has been recorded to determine
why the violation has not been resolved and whether the notice of
violation should be expunged.
(j) The commission, at any time and for cause, on its own
initiative or at the request of the property owner, may cause a
notice of recision to be recorded invalidating the notice of
violation recorded pursuant to this section. The notice of recision
shall have the same effect of a withdrawal or expungement under
Section 405.61 of the Code of Civil Procedure.
30820. (a) Any person who violates any provision of this division
may be civilly liable in accordance with this subdivision as follows:
(1) Civil liability may be imposed by the superior court in
accordance with this article on any person who performs or undertakes
development that is in violation of this division or that is
inconsistent with any coastal development permit previously issued by
the commission, a local government that is implementing a certified
local coastal program, or a port governing body that is implementing
a certified port master plan, in an amount that shall not exceed
thirty thousand dollars ($30,000) and shall not be less than five
hundred dollars ($500).
(2) Civil liability may be imposed for any violation of this
division other than that specified in paragraph (1) in an amount that
shall not exceed thirty thousand dollars ($30,000).
(b) Any person who performs or undertakes development that is in
violation of this division or that is inconsistent with any coastal
development permit previously issued by the commission, a local
government that is implementing a certified local coastal program, or
a port governing body that is implementing a certified port master
plan, when the person intentionally and knowingly performs or
undertakes the development in violation of this division or
inconsistent with any previously issued coastal development permit,
may, in addition to any other penalties, be civilly liable in
accordance with this subdivision. Civil liability may be imposed by
the superior court in accordance with this article for a violation as
specified in this subdivision in an amount which shall not be less
than one thousand dollars ($1,000), nor more than fifteen thousand
dollars ($15,000), per day for each day in which the violation
(c) In determining the amount of civil liability, the following
factors shall be considered:
(1) The nature, circumstance, extent, and gravity of the
(2) Whether the violation is susceptible to restoration or other
(3) The sensitivity of the resource affected by the violation.
(4) The cost to the state of bringing the action.
(5) With respect to the violator, any voluntary restoration or
remedial measures undertaken, any prior history of violations, the
degree of culpability, economic profits, if any, resulting from, or
expected to result as a consequence of, the violation, and such other
matters as justice may require.
30821.6. (a) Any person or governmental agency who intentionally or
negligently violates any cease and desist order issued, reissued, or
amended by the executive director or the commission, or any
restoration order issued, reissued, or amended by the commission, a
local government that is implementing a certified local coastal
program, or a port governing body that is implementing a certified
port master plan may be liable civilly in a sum of not to exceed six
thousand dollars ($6,000) for each day in which that violation
persists. Any actual penalty imposed shall be reasonably
proportionate to the damage suffered as a consequence of the
(b) Sections 30809 and 30810 and subdivision (a) of this section
do not authorize the issuance or enforcement of any cease and desist
order as to any activity undertaken by a local governmental agency
pursuant to a declaration of emergency by the board of supervisors of
the county in which the activity is being or may be undertaken.
30822. Where a person has intentionally and knowingly violated any
provision of this division or any order issued pursuant to this
division, the commission may maintain an action, in addition to
Section 30803 or 30805, for exemplary damages and may recover an
award, the size of which is left to the discretion of the court. In
exercising its discretion, the court shall consider the amount of
liability necessary to deter further violations.
30823. Any funds derived under this article shall be expended for
carrying out the provisions of this division, when appropriated by
the Legislature. Funds so derived shall be deposited in the
Violation Remediation Account of the Coastal Conservancy Fund until
30824. In addition to any other applicable penalty, any commission
member who knowingly violates Section 30324 is subject to a civil
fine, not to exceed seven thousand five hundred dollars ($7,500).
Notwithstanding any law to the contrary, the court may award
attorneys' fees and costs to the prevailing party.
30900. If any provision of this division or the application thereof
to any person or circumstances is held invalid, such invalidity
shall not affect other provisions or applications of the division
which can be given effect without the invalid provision or
application, and to this end the provisions of this division are