§ 1-6.304. Determination of Civil Penalties.

(a)

In determining the date when civil penalties start to accrue, a Director may consider the date when the department first discovered the violation.

(b)

The assessment of civil penalties shall end when all action required by the notice and order has been completed.

(c)

In determining the amount of the civil penalty to be assessed on a daily rate, the Director may consider some or all of the following factors:

(1)

The duration of the violation;

(2)

The frequency or recurrence of the violation;

(3)

The seriousness of the violation;

(4)

The history of the violation;

(5)

The responsible parties conduct after issuance of the notice and order;

(6)

The good faith effort by the reasonable person to comply;

(7)

The economic impact of the penalty on the responsible party;

(8)

The impact of the violation upon the community;

(9)

Any other factors that justice may require.

(Added by Ord. 3102-C.S., § 1, effective 11-26-98)