Section 8709.7.

(a) Any person or public agency that violates any provision of this article may be civilly liable in accordance with this section.

(b) (1) Civil liability may be imposed by the superior court in accordance with this article on any person or public agency that performs or undertakes an encroachment that is in violation of this article or that is inconsistent with any permit previously issued by the board in an amount that shall not exceed thirty thousand dollars ($30,000), but shall not be less than five hundred dollars ($500).

(2) Civil liability may be imposed for any violation of this part other than a violation specified in paragraph (1) in an amount that shall not exceed thirty thousand dollars ($30,000).

(c) Any person or public agency that performs or undertakes an encroachment that is in violation of this part or in a manner that is inconsistent with any permit previously issued by the board, when the person or public agency intentionally and knowingly performs or undertakes the encroachment in violation of this part or in a manner that is inconsistent with any previously issued 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 described in this subdivision in an amount that 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 encroachment persists.

(d) In determining the amount of civil liability, the following factors shall be considered:

(1) The nature, circumstance, extent, and gravity of the violation.

(2) Whether the violation is susceptible to restoration or other remedial measures.

(3) The function of the levee, channel, or other flood control work 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 other matters the board deems relevant.

(e) Any person or public agency that intentionally or negligently violates any cease and desist order issued, reissued, or amended by the board, or any restoration order issued, reissued, or amended by the board may be liable for a civil penalty in an amount that shall not 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 violation.

(f) This section does not authorize the issuance or enforcement of any cease and desist order as to any activity undertaken by a local public agency pursuant to a declaration of emergency by the governing body of the local public agency or the board of supervisors of the county in which the activity is being or may be undertaken.

(Added by Stats. 2009, Ch. 275, Sec. 19. Effective January 1, 2010.)