(1) The choice of enforcement action and the severity of any penalty should be based on the nature of the violation and the damage or risk to the public or to public resources. The existence or degree of bad faith of the persons subject to the enforcement action, benefits that accrue to the violator, and the cost of obtaining compliance may also be considered.

(2) Enforcement. All provisions of the master program shall be enforced by the Shoreline Administrator and/or his/her designated representatives. For such purposes, the Shoreline Administrator or his/her duly authorized representative shall have the power of a police officer.

(3) Penalty. Any person found to have willfully engaged in activities on the City’s shorelines in violation of the Shoreline Management Act of 1971 or in violation of the City’s master program, rules or regulations adopted pursuant thereto is guilty of a gross misdemeanor, and shall be subject to the penalty provisions of the Covington Municipal Code (civil citation penalties and criminal penalties).

(4) Violator’s Liability. Any person subject to the regulatory program of the master program who violates any provision of the master program or permit issued pursuant thereto shall be liable for all damages to public or private property arising from such violation, including the cost of restoring the affected area to its condition prior to such violation. The Attorney General or Covington attorney shall bring suit for damages under this section on behalf of the State or City governments. If liability has been established for the cost of restoring an area affected by a violation, the court shall make provision to assure that restoration will be accomplished within a reasonable time at the expense of the violator. In addition to such relief, including money damages, the court in its discretion may award attorneys’ fees and costs of the suit to the prevailing party. (Ord. 09-19 § 6 (Exh. C))