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§ 3014. Penalty.


Barclays Official California Code of Regulations Currentness
Title 2. Administration
Division 3. State Property Operations
Chapter 1. State Lands Commission
Article 14. Administrative Hearings (Refs & Annos)
2 CCR § 3014
§ 3014. Penalty.
(a) The civil penalty imposed will be based on the per diem method of 6224.3(b) rather than the formula based on the market rate rental of the property unless the maximum penalty of $1,000 a Day would represent a discount in rent. If the market rate rental of the property exceeds $365,000 annually, the Commission may impose a monthly penalty of up to 13.33% of the annual rent, which represents one twelfth (1/12) of one hundred sixty percent (160%) of the normal rent, rounded down.
(b) For properties where the market rental rate is below $365,000 annually, the fine imposed shall be:
(1) Five hundred dollars ($500) per Day for the first one hundred twenty (120) Days.
(2) One thousand dollars ($1,000) per Day starting on the one hundred twenty-first (121st) Day.
(c) The Commission shall consider the factors specified in Section 6224.3(c) of the Public Resources Code before imposing the penalties specified above, and may modify the penalties based on such factors.
(d) A penalty under this Article shall be imposed from the first Day after the decision becomes final as defined in regulation 3013, subdivision (c) and shall continue until the violation is remedied.
(e) The Commission may modify the penalty to a reduced amount for a set period of time. In deciding whether to set a reduced penalty, and the length of time the penalty is reduced, the Commission shall consider relevant factors, including but not limited to:
(1) The Respondent's diligence in remedying the violation.
(2) Staff processing time for an application.
(3) Other permits or approvals necessary to remedy the violation.
(f) If a penalty is reduced under subsection (e) above, the Respondent must work diligently to remedy the violation.
(g) A penalty under this Article shall terminate when:
(1) the Structure(s) specified in the decision and order are removed from State Lands, and all remnants or debris therefrom have been removed; or
(2) the Respondent obtains Commission Authorization for all Structures specified in the decision and order.
Note: Authority cited: Sections 6108 and 6224.5, Public Resources Code. Reference: Sections 6224.3, 6224.4 and 6224.5, Public Resources Code.
1. New section filed 9-7-2016; operative 1-1-2017 (Register 2016, No. 37).
This database is current through 1/14/22 Register 2022, No. 2
2 CCR § 3014, 2 CA ADC § 3014
End of Document