327.8 Penalties.

327.8 Penalties.

327.8.1 In addition to any other penalties authorized by law, the Director may impose administrative penalties for violations of this section. Such penalty shall not exceed $500 per violation per day. In addition to the administrative penalties assessed pursuant to this section, the Director may assess additional fees to cover the reasonable costs incurred in enforcing the administrative penalties. Penalties and fees assessed shall continue to accrue against the responsible party or parties until the violation of this section is abated or otherwise remedied in the judgment of the Director. Each day in which the violation continues unabated constitutes a separate and distinct violation.

327.8.1.1 Use of penalty. Any administrative penalty and fee received by the Treasurer of the City and County of San Francisco shall be placed in the Building Inspection Fund and used to offset the Department’s costs in connection with the administration and enforcement of this section.

327.8.2 Appeal penalty. A responsible party may appeal the imposition of the administrative penalty by requesting, in writing, a Director’s hearing. Such appeal shall be made within 15 business days from the issuance of the notice of penalty and shall specify grounds for appealing the imposition of the administrative penalty. Upon a timely request for a Director’s hearing, the Director shall conduct an administrative hearing in accordance with Section 327.9.

327.8.2.1 Alternative penalty. The Director, in his or her discretion, may allow a responsible party found to be in violation of this section to attend a training course approved by the State of California Department of Health Services in lead-related construction supervision and project monitoring in lieu of paying an administrative penalty pursuant to Section 327.8.1 in which case the penalty is stayed until such time that the responsible party provides proof of satisfactory completion of the course. The Director shall require proof of attendance and satisfactory completion of the course, including certification from the instructor or provider of the course before dismissing the penalty assessed against the person. Failure to provide such proof when requested by the Director shall result in the reinstatement of the assessed penalty against the responsible party.

327.8.2.1.1 Applicability. The alternative penalty set forth in Section 327.8.2.1 shall only be available to persons who have not previously completed such a training course and who have not been previously found by the Director to be in violation of this section.