Division X

(a) The Department of Public Health shall be the primary administering and enforcing agency under this Article. The Director is hereby authorized to call upon the Director of Public Works and the Chief of Police and all other city officers, employees, departments and bureaus to aid and assist him or her in such enforcement, and it shall then be their duty to assist the Director in enforcement of this Article by performing such duties as may come within their respective jurisdictions.

(b) Upon an owner or manager's failure to comply with an order from the Director, the Director may request the City Attorney to maintain an action for injunction to enforce the provisions of this Article and for assessment and recovery of a civil penalty for such violation. The Director may also request the City Attorney or the District Attorney, as the case may be, to commence an action against the owner or manager of any building, premises or dwelling unit declared to be a nuisance under this Article for an injunction or civil penalty under the California Business and Professions Code.

(c) Upon an owner's failure to abate a nuisance under this Article pursuant to an order from the Director, and if an owner has not commenced good faith efforts for compliance as determined by the Director, the Director may notify, in writing, the Franchise Tax Board of the noncompliance. The notice of noncompliance shall contain the legal description or the lot and block numbers of the real property, the assessor's parcel number, and the name of the owner of record as shown on the latest equalized assessment roll.

(Added by Ord. 409-96, App. 10/21/96)

(a) Any person who fails to comply with an order from the Director under this Article shall be civilly liable to the City and County of San Francisco for a civil penalty in an amount not to exceed $500 for each day in which the violation occurs. Each day that such violation continues shall constitute a separate violation.

(b) In determining civil penalties, the court shall consider the extent of harm caused by the violation(s) to the order, the nature and persistence of the violation(s), the length of time over which the violation(s) occur(s), the frequency of past violations, any action taken to mitigate the violation, and the financial burden to the violator. In addition to assessing a civil penalty, a court may order compliance with the order or such other relief as may be necessary to abate the nuisance.

(c) Any person who fails to comply with an order under Sections 1625 or 1628 may be assessed an administrative penalty by the Director. Assessment of an administrative civil penalty shall not be a prerequisite to abatement by the Director, or to the filing of a court action seeking penalties or injunctive relief.

(1) Upon receipt of information that a violation of an order has occurred, the Director shall serve the parties named in the order with a complaint specifying the violations, assessing a proposed administrative penalty, warning the parties that their violation will be reported to the Franchise Tax Board (explaining the consequences of such notification), and setting a hearing date no more than 30 days and no less than 10 from the date the complaint is mailed. Service shall be by first class mail, return receipt requested. In the case of an order issued under Section 1628, a copy of the complaint shall be provided to the occupants of the affected dwelling unit. The Director shall post a notice of the hearing at the affected building or premises.

(2) The hearing officer shall hear testimony from the parties named in the complaint and any other interested party on the nature of the alleged violation, the appropriateness of the proposed penalty, and the need to adjust the schedules in the original order. If the hearing officer determines that a violation continues to occur, the compliance schedule shall be adjusted to allow a reasonable period of time, not to exceed 30 days, for completion of the requirements of the order. A penalty shall be assessed based on the factors in Subsection (b) above, which shall become due and payable to the City and County of San Francisco on the thirty-first day after the effective date of the hearing officer's determination if the Director determines, after inspection, that compliance has not been achieved.

(A) A record of the hearing shall be prepared which shall include a transcript, all written letters, pleadings, notices and orders, exhibits and any other papers in the case. The hearing officer's final written decision shall be included in the record.

(B) A final decision which finds a continuing violation shall instruct the Department of Public Health to notify the Franchise Tax Board of any violation which continues for six months beyond the original order as provided in Revenue and Taxation Code Sections 12724 and 24436.5.

(C) The final decision shall notify all parties that the time within which judicial review may be sought is governed by Section 1094.6 of the California Code of Civil Procedure.

(3) If a penalty is not timely paid the Director may take any action authorized by law, including commencement of a judicial action to seek the full amount of a civil penalty plus injunctive relief. The Director may initiate lien proceedings pursuant to Chapter 10, Article XX of the San Francisco Administrative Code to collect any unpaid penalties.

(4) Administrative penalties shall be assessed in amounts not to exceed $100 per day for a first violation, $200 per day for a second violation within one year, and $500 per day for each additional violation within one year. (Added by Ord. 409-96, App. 10/21/96; amended by Ord. 448-97, App. 12/5/97; Ord. 322-00, File No. 001917, App. 12/28/2000)

(a) Any person who fails to comply with an order from the Director under this Article shall be guilty of a misdemeanor. Each violation shall be considered a separate misdemeanor punishable by a fine not exceeding $1,000, or imprisonment not to exceed six months in the County Jail, or both.

(b) The court, in determining criminal penalties, shall consider the extent of harm caused by the violation(s) to the order, the nature and persistence of the violation(s), the length of time over which the violation(s) occur(s), the frequency of past violations, any action taken to mitigate the violation, the financial burden to the violator, and such other factors as deemed relevant and material.

(Added by Ord. 409-96, App. 10/21/96)