19955. (a) The purpose of this part is to insure that public
accommodations or facilities constructed in this state with private
funds adhere to the provisions of Chapter 7 (commencing with Section
4450) of Division 5 of Title 1 of the Government Code. For the
purposes of this part "public accommodation or facilities" means a
building, structure, facility, complex, or improved area which is
used by the general public and shall include auditoriums, hospitals,
theaters, restaurants, hotels, motels, stadiums, and convention
centers.
As used in this section, "hospitals" includes, but is not limited
to, hospitals, nursing homes, and convalescent homes.
When sanitary facilities are made available for the public,
clients, or employees in such accommodations or facilities, they
shall be made available for the physically handicapped.
Any new requirements imposed by the amendments to this section
enacted by the Legislature at its 1973-74 Regular Session shall only
apply to public accommodations or facilities constructed on or after
the effective date of the amendments.
19955.3. As used in this part:
(a) "Story" means that portion of a building included between the
upper surface of any floor and the upper surface of the floor next
above, except that the topmost story shall be that portion of a
building included between the upper surface of the topmost floor and
the ceiling or roof above. If the finished floor level directly above
a basement or unused under-floor space is more than six feet above
grade for more than 50 percent of the total perimeter or is more than
12 feet above grade at any point, the basement or unused under-floor
space shall be considered as a story.
(b) "First story" means the lowest story in a building which
qualifies as a story and which provides the basic services or
functions for which the building is used. A floor level in a building
having only one floor level shall be classified as a first story, if
the floor level is not more than four feet below grade, for more
than 50 percent of the total perimeter, or more than eight feet below
grade at any point.
(c) "Mezzanine" means an intermediate floor placed in any story or
room. When the total area of any "mezzanine floor" exceeds 33 1/3
percent of the total floor area in that room, it shall be considered
as constituting an additional "story." The clear height above and
below a "mezzanine floor" construction shall be not less than seven
feet.
(d) "Grade" means the lowest point of elevation of the finished
surface of the ground, paving, or sidewalk within the area between
the building and the property line or, when the property line is more
than 5 feet from the building, between the building and a line 5
feet from the building.
19955.5. All passenger vehicle service stations, shopping centers,
offices of physicians and surgeons, and office buildings constructed
in this state with private funds shall adhere to the provisions of
Chapter 7 (commencing with Section 4450) of Division 5 of Title 1 of
the Government Code. As used in this section, "office building" means
a structure wherein commercial activity or service is performed or a
profession is practiced, or wherein any combination thereof is
performed or practiced in all or the majority of the building or
structure.
When sanitary facilities are made available for the public,
clients, or employees in these stations, centers, or buildings, they
shall be made available for persons with disabilities.
Any new requirements imposed by the amendments to this section by
Chapter 931 of the Statutes of 1973 shall only apply to those
stations, centers, or office buildings constructed on or after
September 30, 1973. Any other new requirements imposed by amendments
to this section by Chapter 995 of the Statutes of 1974 shall only
apply to those offices or office buildings constructed on or after
January 1, 1975.
19956. All public accommodations constructed in this state shall
conform to the provisions of Chapter 7 (commencing with Section 4450)
of Division 5 of Title 1 of the Government Code. However, the
following types of privately funded multistory buildings do not
require accessibility by ramp or elevator above and below the first
floor:
(a) Multistoried office buildings, other than the professional
office of a health care provider, and passenger vehicle service
stations less than three stories high, or less than 3,000 square feet
per story.
(b) Any other privately funded multistoried building that is not a
shopping center, shopping mall, or the professional office of a
health care provider, and that is less than three stories high or
less than 3,000 square feet per story if a reasonable portion of all
facilities and accommodations normally sought and used by the public
in such a building are accessible to and usable by persons with
disabilities.
19956.5. Any curb or sidewalk intended for public use that is
constructed in this state with private funds shall conform to the
provisions of Chapter 7 (commencing with Section 4450) of Division 5
of Title 1 of the Government Code.
This section shall apply, but not be limited in application, to
any curb or sidewalk which after construction with private funds will
be turned over to a city or county for public use, in order to
provide full and easy access to, and use of, such curb or sidewalk by
the physically handicapped.
19957. In cases of practical difficulty, unnecessary hardship, or
extreme differences, a building department responsible for the
enforcement of this part may grant exceptions from the literal
requirements of the standards and specifications required by this
part or permit the use of other methods or materials, but only when
it is clearly evident that equivalent facilitation and protection are
thereby secured.
19957.5. (a) Every city, county, or city and county may appoint a
local appeals board composed of five members to hear written appeals
brought by any person regarding action taken by the building
department of the city, county, or city and county in enforcement of
the requirements of this part, including the exceptions contained in
Section 19957.
(b) Two members of the appeals board shall be physically
handicapped persons, two members shall be persons experienced in
construction, and one member shall be a public member.
(c) The appeals board shall conduct hearings on written appeals
made under subdivision (a) and may approve or disapprove
interpretations of this part and enforcement actions taken by the
building department of the city, county, or city and county. All such
approvals or disapprovals shall be final and conclusive as to the
building department in the absence of fraud or prejudicial abuse of
discretion. The appeals board shall adopt regulations establishing
procedural rules and criteria for the carrying out of its duties
under this part.
19958. The building department of every city, county, or city and
county shall enforce this part within the territorial area of its
city, county, or city and county. The responsibility for enforcing
Chapter 7 (commencing with Section 4450) of Division 5 of Title 1 of
the Government Code in its application under this part shall be by
such building department within the territorial area of its city,
county, or city and county.
"Building department" means the department, bureau, or officer
charged with the enforcement of laws or ordinances regulating the
erection or construction, or both the erection and construction, of
buildings.
19958.5. 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 may bring an action to enjoin a violation of
this part.
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.
19959. Every existing public accommodation constructed prior to
July 1, 1970, which is not exempted by Section 19956, shall be
subject to the requirements of this chapter when any alterations,
structural repairs or additions are made to such public
accommodation. This requirement shall only apply to the area of
specific alteration, structural repair or addition and shall not be
construed to mean that the entire building or facility is subject to
this chapter.
19959.5. If a violation of Section 19955, 19955.3, 19955.5, 19956,
19956.5, 19957, 19957.5, or 19959 is alleged or the application or
construction of any of these sections is in issue in any proceeding
in the Supreme Court of California, a state court of appeal, or the
appellate division of a superior court, each party shall serve a copy
of the party's brief or petition and brief, on the State Solicitor
General at the Office of the Attorney General. No brief may be
accepted for filing unless the proof of service shows service on the
State Solicitor General. Any party failing to comply with this
requirement shall be given a reasonable opportunity to cure the
failure before the court imposes any sanction and, in that instance,
the court shall allow the Attorney General reasonable additional time
to file a brief in the matter.
19955. (a) The purpose of this part is to insure that public
accommodations or facilities constructed in this state with private
funds adhere to the provisions of Chapter 7 (commencing with Section
4450) of Division 5 of Title 1 of the Government Code. For the
purposes of this part "public accommodation or facilities" means a
building, structure, facility, complex, or improved area which is
used by the general public and shall include auditoriums, hospitals,
theaters, restaurants, hotels, motels, stadiums, and convention
centers.
As used in this section, "hospitals" includes, but is not limited
to, hospitals, nursing homes, and convalescent homes.
When sanitary facilities are made available for the public,
clients, or employees in such accommodations or facilities, they
shall be made available for the physically handicapped.
Any new requirements imposed by the amendments to this section
enacted by the Legislature at its 1973-74 Regular Session shall only
apply to public accommodations or facilities constructed on or after
the effective date of the amendments.
19955.3. As used in this part:
(a) "Story" means that portion of a building included between the
upper surface of any floor and the upper surface of the floor next
above, except that the topmost story shall be that portion of a
building included between the upper surface of the topmost floor and
the ceiling or roof above. If the finished floor level directly above
a basement or unused under-floor space is more than six feet above
grade for more than 50 percent of the total perimeter or is more than
12 feet above grade at any point, the basement or unused under-floor
space shall be considered as a story.
(b) "First story" means the lowest story in a building which
qualifies as a story and which provides the basic services or
functions for which the building is used. A floor level in a building
having only one floor level shall be classified as a first story, if
the floor level is not more than four feet below grade, for more
than 50 percent of the total perimeter, or more than eight feet below
grade at any point.
(c) "Mezzanine" means an intermediate floor placed in any story or
room. When the total area of any "mezzanine floor" exceeds 33 1/3
percent of the total floor area in that room, it shall be considered
as constituting an additional "story." The clear height above and
below a "mezzanine floor" construction shall be not less than seven
feet.
(d) "Grade" means the lowest point of elevation of the finished
surface of the ground, paving, or sidewalk within the area between
the building and the property line or, when the property line is more
than 5 feet from the building, between the building and a line 5
feet from the building.
19955.5. All passenger vehicle service stations, shopping centers,
offices of physicians and surgeons, and office buildings constructed
in this state with private funds shall adhere to the provisions of
Chapter 7 (commencing with Section 4450) of Division 5 of Title 1 of
the Government Code. As used in this section, "office building" means
a structure wherein commercial activity or service is performed or a
profession is practiced, or wherein any combination thereof is
performed or practiced in all or the majority of the building or
structure.
When sanitary facilities are made available for the public,
clients, or employees in these stations, centers, or buildings, they
shall be made available for persons with disabilities.
Any new requirements imposed by the amendments to this section by
Chapter 931 of the Statutes of 1973 shall only apply to those
stations, centers, or office buildings constructed on or after
September 30, 1973. Any other new requirements imposed by amendments
to this section by Chapter 995 of the Statutes of 1974 shall only
apply to those offices or office buildings constructed on or after
January 1, 1975.
19956. All public accommodations constructed in this state shall
conform to the provisions of Chapter 7 (commencing with Section 4450)
of Division 5 of Title 1 of the Government Code. However, the
following types of privately funded multistory buildings do not
require accessibility by ramp or elevator above and below the first
floor:
(a) Multistoried office buildings, other than the professional
office of a health care provider, and passenger vehicle service
stations less than three stories high, or less than 3,000 square feet
per story.
(b) Any other privately funded multistoried building that is not a
shopping center, shopping mall, or the professional office of a
health care provider, and that is less than three stories high or
less than 3,000 square feet per story if a reasonable portion of all
facilities and accommodations normally sought and used by the public
in such a building are accessible to and usable by persons with
disabilities.
19956.5. Any curb or sidewalk intended for public use that is
constructed in this state with private funds shall conform to the
provisions of Chapter 7 (commencing with Section 4450) of Division 5
of Title 1 of the Government Code.
This section shall apply, but not be limited in application, to
any curb or sidewalk which after construction with private funds will
be turned over to a city or county for public use, in order to
provide full and easy access to, and use of, such curb or sidewalk by
the physically handicapped.
19957. In cases of practical difficulty, unnecessary hardship, or
extreme differences, a building department responsible for the
enforcement of this part may grant exceptions from the literal
requirements of the standards and specifications required by this
part or permit the use of other methods or materials, but only when
it is clearly evident that equivalent facilitation and protection are
thereby secured.
19957.5. (a) Every city, county, or city and county may appoint a
local appeals board composed of five members to hear written appeals
brought by any person regarding action taken by the building
department of the city, county, or city and county in enforcement of
the requirements of this part, including the exceptions contained in
Section 19957.
(b) Two members of the appeals board shall be physically
handicapped persons, two members shall be persons experienced in
construction, and one member shall be a public member.
(c) The appeals board shall conduct hearings on written appeals
made under subdivision (a) and may approve or disapprove
interpretations of this part and enforcement actions taken by the
building department of the city, county, or city and county. All such
approvals or disapprovals shall be final and conclusive as to the
building department in the absence of fraud or prejudicial abuse of
discretion. The appeals board shall adopt regulations establishing
procedural rules and criteria for the carrying out of its duties
under this part.
19958. The building department of every city, county, or city and
county shall enforce this part within the territorial area of its
city, county, or city and county. The responsibility for enforcing
Chapter 7 (commencing with Section 4450) of Division 5 of Title 1 of
the Government Code in its application under this part shall be by
such building department within the territorial area of its city,
county, or city and county.
"Building department" means the department, bureau, or officer
charged with the enforcement of laws or ordinances regulating the
erection or construction, or both the erection and construction, of
buildings.
19958.5. 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 may bring an action to enjoin a violation of
this part.
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.
19959. Every existing public accommodation constructed prior to
July 1, 1970, which is not exempted by Section 19956, shall be
subject to the requirements of this chapter when any alterations,
structural repairs or additions are made to such public
accommodation. This requirement shall only apply to the area of
specific alteration, structural repair or addition and shall not be
construed to mean that the entire building or facility is subject to
this chapter.
19959.5. If a violation of Section 19955, 19955.3, 19955.5, 19956,
19956.5, 19957, 19957.5, or 19959 is alleged or the application or
construction of any of these sections is in issue in any proceeding
in the Supreme Court of California, a state court of appeal, or the
appellate division of a superior court, each party shall serve a copy
of the party's brief or petition and brief, on the State Solicitor
General at the Office of the Attorney General. No brief may be
accepted for filing unless the proof of service shows service on the
State Solicitor General. Any party failing to comply with this
requirement shall be given a reasonable opportunity to cure the
failure before the court imposes any sanction and, in that instance,
the court shall allow the Attorney General reasonable additional time
to file a brief in the matter.
19955. (a) The purpose of this part is to insure that public
accommodations or facilities constructed in this state with private
funds adhere to the provisions of Chapter 7 (commencing with Section
4450) of Division 5 of Title 1 of the Government Code. For the
purposes of this part "public accommodation or facilities" means a
building, structure, facility, complex, or improved area which is
used by the general public and shall include auditoriums, hospitals,
theaters, restaurants, hotels, motels, stadiums, and convention
centers.
As used in this section, "hospitals" includes, but is not limited
to, hospitals, nursing homes, and convalescent homes.
When sanitary facilities are made available for the public,
clients, or employees in such accommodations or facilities, they
shall be made available for the physically handicapped.
Any new requirements imposed by the amendments to this section
enacted by the Legislature at its 1973-74 Regular Session shall only
apply to public accommodations or facilities constructed on or after
the effective date of the amendments.
19955.3. As used in this part:
(a) "Story" means that portion of a building included between the
upper surface of any floor and the upper surface of the floor next
above, except that the topmost story shall be that portion of a
building included between the upper surface of the topmost floor and
the ceiling or roof above. If the finished floor level directly above
a basement or unused under-floor space is more than six feet above
grade for more than 50 percent of the total perimeter or is more than
12 feet above grade at any point, the basement or unused under-floor
space shall be considered as a story.
(b) "First story" means the lowest story in a building which
qualifies as a story and which provides the basic services or
functions for which the building is used. A floor level in a building
having only one floor level shall be classified as a first story, if
the floor level is not more than four feet below grade, for more
than 50 percent of the total perimeter, or more than eight feet below
grade at any point.
(c) "Mezzanine" means an intermediate floor placed in any story or
room. When the total area of any "mezzanine floor" exceeds 33 1/3
percent of the total floor area in that room, it shall be considered
as constituting an additional "story." The clear height above and
below a "mezzanine floor" construction shall be not less than seven
feet.
(d) "Grade" means the lowest point of elevation of the finished
surface of the ground, paving, or sidewalk within the area between
the building and the property line or, when the property line is more
than 5 feet from the building, between the building and a line 5
feet from the building.
19955.5. All passenger vehicle service stations, shopping centers,
offices of physicians and surgeons, and office buildings constructed
in this state with private funds shall adhere to the provisions of
Chapter 7 (commencing with Section 4450) of Division 5 of Title 1 of
the Government Code. As used in this section, "office building" means
a structure wherein commercial activity or service is performed or a
profession is practiced, or wherein any combination thereof is
performed or practiced in all or the majority of the building or
structure.
When sanitary facilities are made available for the public,
clients, or employees in these stations, centers, or buildings, they
shall be made available for persons with disabilities.
Any new requirements imposed by the amendments to this section by
Chapter 931 of the Statutes of 1973 shall only apply to those
stations, centers, or office buildings constructed on or after
September 30, 1973. Any other new requirements imposed by amendments
to this section by Chapter 995 of the Statutes of 1974 shall only
apply to those offices or office buildings constructed on or after
January 1, 1975.
19956. All public accommodations constructed in this state shall
conform to the provisions of Chapter 7 (commencing with Section 4450)
of Division 5 of Title 1 of the Government Code. However, the
following types of privately funded multistory buildings do not
require accessibility by ramp or elevator above and below the first
floor:
(a) Multistoried office buildings, other than the professional
office of a health care provider, and passenger vehicle service
stations less than three stories high, or less than 3,000 square feet
per story.
(b) Any other privately funded multistoried building that is not a
shopping center, shopping mall, or the professional office of a
health care provider, and that is less than three stories high or
less than 3,000 square feet per story if a reasonable portion of all
facilities and accommodations normally sought and used by the public
in such a building are accessible to and usable by persons with
disabilities.
19956.5. Any curb or sidewalk intended for public use that is
constructed in this state with private funds shall conform to the
provisions of Chapter 7 (commencing with Section 4450) of Division 5
of Title 1 of the Government Code.
This section shall apply, but not be limited in application, to
any curb or sidewalk which after construction with private funds will
be turned over to a city or county for public use, in order to
provide full and easy access to, and use of, such curb or sidewalk by
the physically handicapped.
19957. In cases of practical difficulty, unnecessary hardship, or
extreme differences, a building department responsible for the
enforcement of this part may grant exceptions from the literal
requirements of the standards and specifications required by this
part or permit the use of other methods or materials, but only when
it is clearly evident that equivalent facilitation and protection are
thereby secured.
19957.5. (a) Every city, county, or city and county may appoint a
local appeals board composed of five members to hear written appeals
brought by any person regarding action taken by the building
department of the city, county, or city and county in enforcement of
the requirements of this part, including the exceptions contained in
Section 19957.
(b) Two members of the appeals board shall be physically
handicapped persons, two members shall be persons experienced in
construction, and one member shall be a public member.
(c) The appeals board shall conduct hearings on written appeals
made under subdivision (a) and may approve or disapprove
interpretations of this part and enforcement actions taken by the
building department of the city, county, or city and county. All such
approvals or disapprovals shall be final and conclusive as to the
building department in the absence of fraud or prejudicial abuse of
discretion. The appeals board shall adopt regulations establishing
procedural rules and criteria for the carrying out of its duties
under this part.
19958. The building department of every city, county, or city and
county shall enforce this part within the territorial area of its
city, county, or city and county. The responsibility for enforcing
Chapter 7 (commencing with Section 4450) of Division 5 of Title 1 of
the Government Code in its application under this part shall be by
such building department within the territorial area of its city,
county, or city and county.
"Building department" means the department, bureau, or officer
charged with the enforcement of laws or ordinances regulating the
erection or construction, or both the erection and construction, of
buildings.
19958.5. 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 may bring an action to enjoin a violation of
this part.
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.
19959. Every existing public accommodation constructed prior to
July 1, 1970, which is not exempted by Section 19956, shall be
subject to the requirements of this chapter when any alterations,
structural repairs or additions are made to such public
accommodation. This requirement shall only apply to the area of
specific alteration, structural repair or addition and shall not be
construed to mean that the entire building or facility is subject to
this chapter.
19959.5. If a violation of Section 19955, 19955.3, 19955.5, 19956,
19956.5, 19957, 19957.5, or 19959 is alleged or the application or
construction of any of these sections is in issue in any proceeding
in the Supreme Court of California, a state court of appeal, or the
appellate division of a superior court, each party shall serve a copy
of the party's brief or petition and brief, on the State Solicitor
General at the Office of the Attorney General. No brief may be
accepted for filing unless the proof of service shows service on the
State Solicitor General. Any party failing to comply with this
requirement shall be given a reasonable opportunity to cure the
failure before the court imposes any sanction and, in that instance,
the court shall allow the Attorney General reasonable additional time
to file a brief in the matter.
