Section 19958.6 Of Part 5.5. Access To Public Accommodations By Physically Handicapped Persons From California Health And Safety Code >> Division 13. >> Part 5.5.
19958.6
. (a) A person who violates Section 19952, 19955, 19955.5,
19956, 19956.5, or 19959 or any of the regulations implementing those
sections that have been promulgated by the State Architect pursuant
to Section 4450 of the Government Code and approved by the California
Building Standards Commission shall be subject to a civil penalty of
two thousand five hundred dollars ($2,500) for each violation.
(b) A person who remains in violation of the statutes and
regulations specified in subdivision (a) for more than 90 days after
receipt of written notice from a governmental agency identifying the
violation shall be subject to an additional civil penalty of not less
than five hundred dollars ($500) nor more than two thousand five
hundred dollars ($2,500) for each violation for each additional day
that the violation remains. In assessing the amount of the civil
penalty under this subdivision, the court may consider relevant
circumstances presented by the parties to the case, including, but
not limited to, the following:
(1) The nature and seriousness of the violations.
(2) The number of violations.
(3) The persistence of the violations.
(4) The willfulness of the defendant's conduct.
(5) The defendant's assets, liabilities, and net worth.
(6) Any economic benefit to the defendant resulting from the
violation.
A court may suspend a portion of any penalty imposed pursuant to
this subdivision to the extent that the person, despite diligent
efforts, cannot complete all steps necessary to correct a violation
within the 90-day period. Any suspension of daily penalties shall be
conditioned on adherence to a court-ordered schedule for correcting
the violation.
(c) When imposing penalties under either subdivision (a) or (b),
the court shall impose a separate civil penalty for each violation of
the statutes and implementing regulations mentioned in subdivision
(a). Multiple identical violations at one facility may be deemed to
constitute one violation if the court finds that the multiplicity of
violations did not significantly increase the degree to which access
was compromised.
(d) Every civil action brought under this section shall be brought
in the name of the people of the state by the district attorney, the
city attorney, the county counsel if the district attorney does not
bring an action, the Department of Rehabilitation acting through the
Attorney General, or the Attorney General. An action brought in the
name of the people of the state shall not preclude an action being
brought by an injured person under other applicable laws.
(e) (1) If the action is brought by the Department of
Rehabilitation acting through the Attorney General, or by the
Attorney General, the civil penalties shall be paid to the Treasurer.
Upon prevailing, the Attorney General shall be entitled to recover
all costs of investigating and prosecuting the action, including
expert fees, reasonable attorney's fees, and costs.
(2) If the action is brought by the district attorney, or the
county counsel, the civil penalties shall be paid to the treasurer of
the county in which the judgment was entered.
(3) If the action is brought by the city attorney, the civil
penalties shall be paid to the treasurer of the city bringing the
action. Upon prevailing, the city attorney shall be entitled to
recover all costs of investigating and prosecuting the action,
including, but not limited to, expert fees, reasonable attorney's
fees, and costs.