[§328K-15] Penalties and enforcement. (a) The director of health shall enforce section 328K-13 against violations by the following actions:
(1) Serving notice requiring the correction of any violation of this part;
(2) Calling upon the attorney general to maintain an action for injunction to enforce this part, to cause the correction of any violation, and for assessment and recovery of a civil penalty for such violation; or
(3) Calling upon the governor, or the mayor, as the case may be, to enforce compliance.
(b) Any person who violates section 328K-13 shall be liable for a civil penalty not to exceed $500, which penalty shall be assessed and recovered in a civil action in any court of competent jurisdiction. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such. Any penalty assessed and recovered in an action brought pursuant to this section shall be paid to the general fund.
(c) Any member of the general public may request the department of health to enforce any violations of this part.
(d) In enforcing this part, the State is undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury. [L 1987, c 245, pt of §2]