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Section 19997 Of Chapter 6. Penalties From California Health And Safety Code >> Division 13. >> Part 6. >> Chapter 6.
19997
. (a) Any person who violates any of the provisions of this
part, a building standard published in the State Building Standards
Code relating to factory-built housing, or any other rules or
regulations adopted pursuant to this part is guilty of a misdemeanor,
punishable by a fine not exceeding one thousand dollars ($1,000) or
by imprisonment not exceeding 30 days, or by both that fine and
imprisonment.
(b) (1) For violations of Section 19980, 19991.3, or 19991.4, the department shall assess civil penalties in a range between two hundred fifty dollars ($250) and two thousand dollars ($2,000). When determining the amount of the assessed civil penalty, the department shall take into consideration whether one or more of the following or similar circumstances apply:
(A) The citation includes multiple violations.
(B) The cited person has a history of violations of the same or similar provisions of this part and the regulations promulgated under this part.
(C) In the judgment of the department, the person has exhibited bad faith or a conflict of interest.
(D) In the judgment of the department, the violation is serious or harmful.
(E) The citation involves a violation perpetrated against a senior citizen, veteran, or person with disabilities.
(F) There is exculpatory evidence that, in the judgment of the department, is material to the elements of the current violation for which the citation is being issued and is significantly related to the degree of fault.
(2) If a citation lists more than one violation and each of the violations relates to the same manufacturing facility or client, the total penalty assessment in each citation shall not exceed ten thousand dollars ($10,000).
(3) If a citation lists more than one violation, the amount of assessed civil penalty shall be stated separately for each section violated.
(4) Appeals procedures shall be the same as those provided under subdivisions (c) to (e), inclusive, of Section 18021.7.
(c) Nothing in this section is intended to preclude remedies available under other provisions of law.
(b) (1) For violations of Section 19980, 19991.3, or 19991.4, the department shall assess civil penalties in a range between two hundred fifty dollars ($250) and two thousand dollars ($2,000). When determining the amount of the assessed civil penalty, the department shall take into consideration whether one or more of the following or similar circumstances apply:
(A) The citation includes multiple violations.
(B) The cited person has a history of violations of the same or similar provisions of this part and the regulations promulgated under this part.
(C) In the judgment of the department, the person has exhibited bad faith or a conflict of interest.
(D) In the judgment of the department, the violation is serious or harmful.
(E) The citation involves a violation perpetrated against a senior citizen, veteran, or person with disabilities.
(F) There is exculpatory evidence that, in the judgment of the department, is material to the elements of the current violation for which the citation is being issued and is significantly related to the degree of fault.
(2) If a citation lists more than one violation and each of the violations relates to the same manufacturing facility or client, the total penalty assessment in each citation shall not exceed ten thousand dollars ($10,000).
(3) If a citation lists more than one violation, the amount of assessed civil penalty shall be stated separately for each section violated.
(4) Appeals procedures shall be the same as those provided under subdivisions (c) to (e), inclusive, of Section 18021.7.
(c) Nothing in this section is intended to preclude remedies available under other provisions of law.
