327.9 Administrative Enforcement Procedures.

327.9 Administrative Enforcement Procedures.

327.9.1 Action by the Director. If the responsible parties failed to comply with the notice of violation, Stop Work Order and/or notice of penalty issued pursuant to this code, the Director may:

327.9.1.1 Refer the matter for a hearing in accordance to the provision of this subsection; or

327.9.1.2 Issue another notice of violation, Stop Work Order, and/or notice of penalty, if appropriate; or

327.9.1.3 In the case where the responsible party is a contractor, file a complaint with the State Contractor Licensing Board.

327.9.2 Notice of hearing. Notice of any hearing conducted under this section shall be given in accordance with San Francisco Building Code Chapter 1.

327.9.3 Hearing. Any hearing held pursuant to this section shall be conducted in accordance with San Francisco Building Code Chapter 1.

327.9.4 Decision. Except as otherwise provided for in this subsection, any decision issued pursuant to this subsection shall be issued in accordance with San Francisco Building Code Chapter 1A.

327.9.4.1 Where the order imposes administrative penalties, the order shall apprise the responsible parties of their rights to seek judicial review in the Superior Court of San Francisco pursuant to Section 1094.6 of the California Code of Civil Procedure.

327.9.5 Posting and service of order. The Director’s order shall be posted and served in accordance with San Francisco Building Code Chapter 1A.

327.9.6 Appeal of order. Any person may appeal the Director’s order issued pursuant to Section 327.9.4, provided that such appeal is in writing and filed with the Abatement Appeals Board pursuant to San Francisco Building Code Chapter 1A. Upon the determination of the Clerk of the Abatement Appeals Board that all requirements to make an appeal have been met, the monetary portion of the Director’s order shall be stayed pending the appeal.

327.9.6.1 A responsible party against whom administrative penalties are imposed may seek judicial review of the monetary portion of the order by filing a writ of mandate with the Superior Court of San Francisco pursuant to Section 1094.6 of the California Code of Civil Procedure.

327.9.7 Referral to the City Attorney’s Office. If the responsible parties fail to comply with a final and non-appealable order, the Director may refer the order to the City Attorney’s Office for civil prosecution. In any action brought by the City Attorney’s Office to enforce a final and nonappealable order, the responsible party shall be liable for all costs and fees including, but not limited, to attorneys fees incurred by the City.