10-1-438. Enhanced penalties for disaster related violations; civil action authorized.

As used in this part, the term:#

1. (1)

   “Attorney General” means the Attorney General or his or her designee.#

2. (2)

   “Disaster related violation” means any violation of Part 1, 2, or 4 of this article, which violation involves:#

   1. (A)

      The sale or offer for sale of supplies for use in the salvage, repair, or rebuilding of a structure damaged as a result of a natural disaster; or#

   2. (B)

      The performance of or offer to perform services for the salvage, repair, or rebuilding of a structure damaged as a result of a natural disaster.#

3. (3)

   “Natural disaster” means any natural disaster for which a state of emergency is proclaimed by the Governor.#

Whenever the Attorney General or any court is imposing a penalty for any violations of Part 1, 2, or 4 of this article and the violation is a disaster related violation, in addition to any other applicable penalty there may be imposed an additional civil penalty not to exceed $10,000.00 for each transaction.#

Any person who suffers damage or injury as a result of a disaster related violation shall have a cause of action to recover actual damages, punitive damages, if appropriate, and reasonable attorney’s fees. Amounts recovered in such an action shall have priority over a civil penalty imposed under this Code section.#