Section 103A — VIOLATIONS

It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy, or maintain any building, structure, property, or portions thereof or cause or permit the same to be done in violation of this code.

(a) Penalties.

(1) Civil Penalties. Any person, the owner, or the owner’s authorized agent, who provides false information on permit applications or plans, or who otherwise violates, disobeys, omits, neglects, or refuses to comply with, or resists or opposes the execution of any of the provisions of this Code, shall be liable for a civil penalty, not less than $200, and not to exceed $1,000, for each day such violation is committed or permitted to continue, which penalty shall be assessed and recovered in a civil action brought in the name of the People of the City and County of San Francisco by the City Attorney in any court of competent jurisdiction. Any penalty assessed and recovered in an action brought pursuant to this subsection (a)(1) shall be paid to the City Treasurer and credited to the Department’s Special Fund. For purposes of this subsection (a)(1), each real property address, each commercial or dwelling unit within a multi-unit real property address affected by a violation, and each separate violation of the Building Code is a distinct violation for calculation of applicable civil penalties.

In assessing the amount of the civil penalty, the court shall consider any one or more of the relevant circumstances presented by any of the parties to the case, including but not limited to, the following:

(A) the nature and seriousness of the misconduct, including but not limited to whether the violation resulted in any public health or safety hazard, or a dangerous condition on the affected property, and the impact of the violation on the occupants of the property and the surrounding neighborhood;

(B) the number of violations;

(C) the persistence of the misconduct;

(D) the length of time over which the misconduct occurred;

(E) the willfulness of the misconduct;

(F) whether the violation of the Building Code resulted in the displacement of one or more tenants;

(G) whether the violation is reversible;

(H) the violator’s financial gain or opportunity for financial gain from the misconduct; and

(I) the defendant’s assets, liabilities and net worth.

(2) Criminal Penalties. Any person, the owner, or the owner’s authorized agent, who violates, disobeys, omits, neglects, or refuses to comply with, or who resists or opposes the execution of any of the provisions of this code, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding $1,000, or by imprisonment not exceeding six months, or by both such fine and imprisonment, unless otherwise provided in this code, and shall be deemed guilty of a separate offense for every day such violation, disobedience, omission, neglect, or refusal shall continue. Any person who shall do any work in violation of any of the provisions of this code, and any person having charge of such work who shall permit it to be done, shall be liable to the penalty provided.

It shall be unlawful for any person to interfere with the posting of any notice provided for in this code, or to tear down or mutilate any such notice posted by the Department.

(Amended by Ord. 40-23,, File No. 220878, App. 3/28/2023, Eff. 4/28/2023)