A. Penalties

Any person who violates any riparian buffer requirement of this Ordinance shall be subject to a civil penalty. The civil penalty for a violation may be a maximum of ten thousand dollars ($10,000) per day. For a continuing violation, the civil penalty may be a maximum of twenty-five thousand dollars ($25,000) per day. Each day of a continuing violation shall constitute a separate violation.

B. Notice

The City or County as appropriate shall issue and serve notice of the civil penalty pursuant to paragraph 15.4.3, Notice, and shall also provide information on the basis for the penalty. The notice shall be an administrative determination subject to appeal under paragraph 15.8.7, Appeal.

C. Payment

A civil penalty is due when the violator is served with notice of the civil penalty. If the penalty is not paid within 30 days of service, or, if appealed, within 30 days of the conclusion of any appeals, the City or County as appropriate may institute a civil action to recover the penalty amount.

D. Use

Civil penalties collected pursuant to this section and used to defray the cost of enforcement or conduct any remediation related to the violation(s) shall be credited to the general fund of the City or County as appropriate as nontax revenue.