(a)

(1) It shall be unlawful for any person to act as an automobile dismantler without first having an established place of business that meets the requirements set forth in

Section and without first having procured a license or temporary permit issued by the department, or when such license or temporary permit has been canceled, suspended, revoked, invalidated, expired, or the terms and conditions of an agreement effected pursuant to

Section 11509.1 have not been fulfilled. A violation of this subdivision is a misdemeanor, and is subject to the penalties described in paragraph (2).

(2) Notwithstanding

Section 42002, a person convicted of a first violation of subdivision (

a) for any reason other than described in paragraph (3) shall be punished by a fine of not less than two hundred fifty dollars ($250). A person convicted of a second separate violation of subdivision (

a) for this reason shall be punished by a fine of not less than five hundred dollars ($500). A person convicted of a third or subsequent violation of subdivision (

a) for this reason shall be punished by a fine of not less than one thousand dollars ($1,000).

(3) A person who violates subdivision (

a) due to possessing nine or more catalytic converters that have been cut from a vehicle pursuant to

Section is, for a first violation, guilty of an infraction punishable by a fine of not more than one hundred dollars ($100). A person convicted of a second separate violation of subdivision (

a) for this reason is guilty of a misdemeanor punishable by a fine of not less than two hundred fifty dollars ($250). A person convicted of a third separate violation of subdivision (

a) for this reason is guilty of a misdemeanor punishable by a fine of not less than five hundred dollars ($500). A person convicted of a fourth or subsequent violation of subdivision (

a) for this reason is guilty of a misdemeanor and shall be punished by a fine of not less than one thousand dollars ($1,000). (b)

(1) A building or place used for the purpose of automobile dismantling in violation of subdivision (

a) is a public nuisance subject to being enjoined, abated, and prevented, and for which damages may be recovered by any public body or officer.

(2) As used in this section, “public body” means any state agency, county, city, district, or any other political subdivision of the state.