33 U.S.C. § 495 : US Code - Section 495: Violations of orders respecting bridges and accessory works

Search 33 U.S.C. § 495 : US Code - Section 495: Violations of orders respecting bridges and accessory works

(a) Criminal penalties for violation; misdemeanor; fine; new
offenses; jurisdiction: suits for recovery of removal expenses,
enforcement of removal, and obstruction-to-navigation causes or
questions
Any persons who shall willfully fail or refuse to comply with the
lawful order of the Secretary of Transportation or the Chief of
Engineers, made in accordance with the provisions of sections 491
to 498 of this title, shall be deemed guilty of a misdemeanor and
on conviction thereof shall be punished in any court of competent
jurisdiction by a fine not exceeding $5,000, and every month such
persons shall remain in default shall be deemed a new offense and
subject such persons to additional penalties therefor; and in
addition to the penalties above described the Secretary of
Transportation and the Chief of Engineers may, upon refusal of the
persons owning or controlling any such bridge and accessory works
to comply with any lawful order issued by the Secretary of
Transportation or Chief of Engineers in regard thereto, cause the
removal of such bridge and accessory works at the expense of the
persons owning or controlling such bridge, and suit for such
expense may be brought in the name of the United States against
such persons, and recovery had for such expense in any court of
competent jurisdiction; and the removal of any structures erected
or maintained in violation of the provisions of said sections, or
the order or direction of the Secretary of Transportation or Chief
of Engineers made in pursuance thereof may be enforced by
injunction, mandamus, or other summary process, upon application to
the district court in the district in which such structure may, in
whole or in part, exist, and proper proceedings to this end may be
instituted under the direction of the Attorney General of the
United States at the request of the Secretary of Transportation;
and in case of any litigation arising from any obstruction or
alleged obstruction to navigation created by the construction of
any bridge under said sections, the cause or question arising may
be tried before the district court of the United States in any
district which any portion of said obstruction or bridge touches.
(b) Civil penalties for violation; separate offenses; notice and
hearing; assessment, collection, and remission; civil actions
Whoever violates any provision of sections 491 to 498 of this
title, or any order issued under sections 491 to 498 of this title,
shall be liable to a civil penalty of not more than $5,000 for a
violation occurring in 2004; $10,000 for a violation occurring in
2005; $15,000 for a violation occurring in 2006; $20,000 for a
violation occurring in 2007; and $25,000 for a violation occurring
in 2008 and any year thereafter. Each day a violation continues
shall be deemed a separate offense. No penalty may be assessed
under this subsection until the person charged is given notice and
an opportunity for a hearing on the charge. The Secretary of
Transportation may assess and collect any civil penalty incurred
under this subsection and, in his discretion, may remit, mitigate,
or compromise any penalty until the matter is referred to the
Attorney General. If a person against whom a civil penalty is
assessed under this subsection fails to pay that penalty, an action
may be commenced in the district court of the United States for any
district in which the violation occurs for such penalty.