2005 Arizona Revised Statutes - Revised Statutes §45-2653  Violation; civil penalties

(Conditionally Eff.)

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.