2181-14. Enforcement of Chapter.
(a) No Criminal Penalties. Notwithstanding any other provision of the Humboldt County Code, any violation of any provision of this chapter shall be enforceable solely as provided in this section. (Ord. 2520, § 1, 10/14/2014)
(b) Civil Liability. Any person who knowingly and willfully violates or otherwise fails to comply with any provision or requirement of this chapter shall be liable to the county of Humboldt in a sum not to exceed the following amount for each such violation: (Ord. 2520, § 1, 10/14/2014)
(1) For the making or accepting of any contribution in excess of the applicable contribution limits specified in this chapter, a sum equal to three (3) times the amount by which the contribution exceeds the applicable contribution limit, or the sum of twenty-five hundred dollars ($2,500.00), whichever is greater, for each violation. (Ord. 2520, § 1, 10/14/2014)
(2) For any other violation of this chapter, the sum of five hundred dollars ($500.00) for each violation. (Ord. 2520, § 1, 10/14/2014)
(c) Right to Cure Unknowing Violation. In the event a candidate accepts a contribution and then becomes aware it is in violation of the contribution limit, that violation by the candidate may be excused, and will not be deemed “knowing and willful,” if the candidate returns the contribution or contributes it to the county general fund within fourteen (14) days of becoming aware of the violation. (Ord. 2520, § 1, 10/14/2014)
(d) Debt Owing to County. Any amount due from any person pursuant to subsection (b) of this section shall be a debt due and owing upon demand to the general fund of the county of Humboldt. (Ord. 2520, § 1, 10/14/2014)
(e) Civil Action to Collect Debt and Obtain Other Relief. The district attorney of the county of Humboldt may file and prosecute a civil action in superior court, to recover any amount(s) due and owing to the county of Humboldt by any person pursuant to this section, or to enjoin any violation or otherwise compel compliance with the requirements of this chapter. In the event an allegation of violation of this chapter involves a candidate for district attorney, the matter shall be referred to the California Attorney General for investigation and enforcement. (Ord. 2520, § 1, 10/14/2014)
(f) Limitation of Actions. No civil action shall be brought under the provisions of this section unless said action is filed within two (2) years following the date of such violation. (Ord. 2520, § 1, 10/14/2014)
(g) Remedial Measures. If the district attorney determines or believes that any person (the target party) has violated any provision of this chapter, the district attorney may, at his or her sole discretion, advise the target party of remedial measures which may be taken by the target party to avoid possible civil action (the “remedial measures”). Such remedial measures may, but need not necessarily, include the payment of a civil fine to the county. Nothing contained herein shall be deemed to require the district attorney to offer remedial measures to any target party. In the event the target party is offered and timely performs such remedial measures to the satisfaction of the district attorney, the district attorney shall advise the target party (and any person who, in writing, informed or complained to the district attorney concerning any such violation), in writing, that the alleged violation has been resolved (the letter of resolution) and, in such event, no civil action shall thereafter be filed or maintained relating to such alleged violation of this chapter. (Ord. 2520, § 1, 10/14/2014)