LEGISLATIVE COUNSEL'S DIGEST


AB 226, as amended, Ruskin. Coastal resources: California Coastal
Act of 1976: enforcement.
(1) The
The California Coastal Act of 1976 requires a person
undertaking development in the coastal zone to obtain a coastal
development permit in accordance with prescribed procedures. Existing
law authorizes the superior court to impose civil liability on a
person who performs or undertakes development that is in violation of
the act or that is inconsistent with a previously issued coastal
development permit, and on a person who violates the act in any other
manner and authorizes a person to maintain an action for recovery of
these civil penalties.
This bill would provide that a person who violates the act is
subject to an administrative civil penalty that may be imposed by the
California Coastal Commission by a majority vote of the
commissioners, upon consideration of various factors, in a public
hearing, as specified, in an amount no less than $5,000 and no more
than $50,000 for each violation.
This bill would provide that a person, as defined, shall not be
subject to both monetary civil liability imposed by the commission
and monetary civil liability imposed by the superior court for the
same act or failure to act. In the event that a person who is
assessed a penalty by the commission fails to pay the penalty, fails
to comply with a restoration or cease and desist order, or challenges
any of these actions in a court of law, the commission may maintain
an action or otherwise engage in judicial proceedings to enforce
those requirements and the court may grant any relief, as specified.
This bill would also allow the commission to record a lien on the
property of a violator in the amount of the penalty assessed by the
commission if the violator fails to pay the fine.
(2) The act also requires that all funds derived from the payment
of a penalty are to be deposited into the Violation Remediation
Account of the Coastal Conservancy Fund, until appropriated by the
Legislature, for purposes of carrying out the act.

This bill would instead require that all penalties derived from
the payment of a penalty be deposited into the Coastal Act Services
Fund, until appropriated by the Legislature, for the purposes of
carrying out the act.