What is the legal test for imposing a penalty of up to 5% of the cost of law enforcement costs in a public nuisance action?

16 In imposing such a penalty, we recognize that a governmental entity may not recover the cost of law enforcement, absent authorizing legislation. In People ex rel. Van de Kamp v. American Art Enterprises, Inc. (1983) 33 Cal.3d 328, 188 Cal.Rptr. 740, 656 P.2d 1170, the court stated, "[A]lthough California's general nuisance statute expressly permits the recovery of damages in a public nuisance action brought by a specially injured party, it does not grant a damage remedy in actions brought on behalf of the People to abate a public nuisance." (Id., at p. 333, fn. 11, 188 Cal.Rptr. 740, 656 P.2d 1170.)