A. No structure or land shall hereafter be located, extended, converted or altered without full compliance with the terms of this chapter and other applicable regulations.

B. Violation of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established pursuant to the authority of this chapter) after notice of violation and order to comply issued by City officials shall constitute a civil infraction. Any person who violates the provisions of this chapter or fails to comply with any of its requirements shall be subject to a cumulative civil penalty of $500.00 per day from the date set for compliance in the order to comply until such violation is corrected, or compliance with such order occurs. The penalty provided shall be collected by civil action in Sonoma County Superior Court.

C. Nothing contained herein shall be construed to prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation and all violations shall also be subject to abatement pursuant to Chapter 15.12 SMC including removal of unlawful structures, fill or flood barriers, at the owner’s expense.

D. In any action to collect a civil penalty the defendant may show that the violation giving rise to such action was caused by the willful act or neglect of another or that correction of such violation was commenced promptly upon receipt of notice thereof but that full compliance within the time specified was prevented by the inability to obtain necessary materials or labor, or other circumstances or conditions beyond the defendant’s control, and upon such showing the court may abate all or part of the penalty accumulated as justice may require.