45-2653

45-2653. Violation; civil penalties

A. A person who is determined pursuant to section 45-2652 to be in violation of
this chapter or an order issued pursuant to this chapter may be assessed a civil penalty
in an amount not exceeding one thousand dollars per day of violation.

B. An action to recover penalties under this section shall be brought by the
director in the superior court in the county in which the violation occurred.

C. In determining the amount of the penalty, the court shall consider the degree of
harm caused by the violation, whether the violation was knowing or wilfull, the past
conduct of the defendant, whether the defendant should have been on notice of the
violation, whether the defendant has taken steps to cease, remove or mitigate the
violation and any other relevant information.

D. All civil penalties assessed pursuant to this section shall be deposited,
pursuant to sections 35-146 and 35-147, in the state general fund.