San Francisco County Municipal Code Art. VIII Violations of This Chapter, a

FRANCHISE, OR A UTILITY CONDITIONS PERMIT Sec. 11.73. Duty to Identify Potential Violations. Sec. 11.74. Complaints of Alleged Violations of this Chapter or a Franchise. Sec. 11.75. Notice of Violation. Sec. 11.76. Notice Imposing Administrative Penalties and Enforcement Costs. Sec. 11.77. Amount of Administrative Penalties. Sec. 11.78. Enforcement Costs. Sec. 11.79. Accrual of Penalties and Costs. Sec. 11.80. Finality of the Department's Determination and Collection of Assessed Penalties and Costs. Sec. 11.81. Administrative Review. Sec. 11.82. Deposit of Penalties. Sec. 11.83. Suspension of Action on Permit Applications. Sec. 11.83-A. Penalties for Violation of Customer Service and Consumer Protection Standards.

The Department of Public Works and the Department shall identify potential violations of this Chapter, a Franchise, or a UCP. In consultation with the City Attorney's Office, the Department shall take appropriate action to resolve violations of this Chapter, a Franchise, or a UCP. (Added by Ord. 58-00, File No. 000198, App. 4/7/2000)

(a) Filing A Complaint. Any Person affected by any alleged violation of any provision of this Chapter, a Franchise, or a UCP may file a formal complaint with the Department. The complaint shall contain the following: (1) The name and address of the complainant; (2) The nature and location of the alleged violation; (3) The manner in which the complainant was affected; (4) The provisions of this Chapter, a Franchise, or a UCP allegedly violated; and (5) The specific action which complainant requests. (b) Hearing in Response to Complaints. If, upon receipt and investigation of a complaint, the Department finds no basis for concluding that a violation of this Chapter, a Franchise, a UCP, or other Applicable Law has occurred, the complainant will be notified and no further action need be taken. The Department may hold a hearing based on the allegations of the complaint or at the request of the Person alleged to be responsible for a violation where it determines that such a hearing would facilitate the Department's determination of whether a violation has occurred. The Department shall provide ten (10) City business days written notice to the complainant and the Person alleged to be responsible for the violation if it determines to hold such a hearing. Such notice shall set forth the time and place of such hearing and shall notify the complainant and the Person alleged to be responsible for the violation that they will have an opportunity to be heard and to present evidence at the hearing. (Added by Ord. 58-00, File No. 000198, App. 4/7/2000)

If the Department believes a violation of this Chapter, a Franchise, or a UCP has occurred, either as the result of a complaint filed pursuant to Section 11.74 above, or through any other means independent of that process, which, after consultation with the City Attorney, the Department determines does not warrant Franchise revocation pursuant to Section 11.16 above, or action pursuant to Section 11.5 above, the Department shall serve a written notice of violation upon the Person responsible for the violation. The notice of violation shall contain specific allegations, setting forth the violations of this Chapter, a Franchise, or a UCP, shall specify the manner in which the violation must be remedied, and shall state whether the Department intends to seek suspension of excavation permits pursuant to Section 11.83 below. The responsible Person shall have ten (10) City business days to correct or otherwise remedy the violation. The responsible Person may contact the Department, if necessary, to discuss the violation. For violations that create an imminent danger to public health, safety, or welfare, the Department shall have the authority to: (1) remedy the violation and charge the costs of such remedy to the responsible Person; or (2) notify the responsible Person to immediately remedy the violation. (Added by Ord. 58-00, File No. 000198, App. 4/7/2000)

If a Person fails to remedy a violation within the time specified in a notice of violation issued pursuant to Section 11.75 above, the Department shall provide written notice to the responsible Person if the Department intends to impose administrative Penalties or enforcement costs. This notice shall include the amount of the penalties and an estimate of the enforcement costs that will be due, and declare that such penalties and costs are due and payable to the City Treasurer within twenty (20) City business days. The notice also shall state that the violator has the right, pursuant to Section 11.81 below, to request administrative review of the Department's determination. (Added by Ord. 58-00, File No. 000198, App. 4/7/2000)

Any Person who fails to comply with a notice of violation issued pursuant to Section 11.75 above for violation of this Chapter may be liable for an administrative penalty consistent with the procedure set forth in Section 11.76 above. The imposition of administrative penalties is within the discretion of the Department. The Department may assess an administrative penalty of up to one thousand dollars ($1,000.00) per day, per violation. In assessing the amount of the administrative penalty, the Department may consider any one or more of the following: the nature and seriousness of the misconduct, the number of violations, the persistence of the misconduct, the length of time over which the misconduct occurred, the willfulness of the responsible Person's misconduct, and the responsible Person's assets, liabilities, and net worth. (Added by Ord. 58-00, File No. 000198, App. 4/7/2000)

In addition to any administrative penalty assessed pursuant to this Article, the Department may assess the responsible Person the reasonable enforcement costs incurred by the Department, including reasonable attorneys' fees. The imposition of enforcement costs is within the discretion of the Department. (Added by Ord. 58-00, File No. 000198, App. 4/7/2000)

Penalties and costs assessed pursuant to this Article shall continue to accrue against the responsible Person until the violation is corrected or otherwise remedied in the judgment of the Department. A timely request for administrative review or appeal shall stay the accrual of penalties and costs until a final determination concerning the violation is issued by the Department. In the event of a final determination adverse to the responsible Person, the responsible Person shall pay the penalties and costs set forth in an accounting from the Department within ten (10) City business days of receipt of the accounting, or such penalties and costs will continue to accrue from the date the accounting was received. (Added by Ord. 58-00, File No. 000198, App. 4/7/2000)

PENALTIES AND COSTS. If no request for administrative review is filed pursuant to Section 11.81 below, the Department's determination shall be final. Thereafter, if the penalties and costs are not paid within the time specified in the notice, the Department may pursue any method of collection of such penalties and costs authorized by Applicable Law, including but not limited to deductions from any deposit or other security instrument held by the City, and any civil action. (Added by Ord. 58-00, File No. 000198, App. 4/7/2000)

(a) Request for Administrative Review. Any Person that is designated as the party responsible for a violation may seek administrative review of the matter within ten (10) City business days of the date of the notice imposing administrative penalties, or if no notice imposing administrative penalties is issued, within twenty (20) City business days of a notice of violation. Administrative review shall be initiated by filing with the Director of the Department a request for review that specifies in detail the basis for contesting the notice of violation, the designation of the responsible party, or the assessment of the administrative penalties or enforcement costs. (b) Notice for and Scheduling of Administrative Review Hearing. Whenever administrative review is requested pursuant to subsection (a) above, the Department within ten (10) City business days of receipt of the request, shall notify the affected parties of the date, time, and place of the administrative review hearing by certified mail. Such hearing shall be held no later than thirty (30) City business days after the Director of the Department receives the request for administrative review, unless time is extended by mutual agreement of the affected parties. (c) Submittals for the Administrative Review Hearing. The Department shall appoint a hearing officer for the administrative review hearing. At least three (3) City business days prior to the hearing, the parties to the hearing shall submit written information to the hearing officer including, but not limited to, the following: a statement of the issues to be determined by the hearing officer, a statement of the evidence to be offered at the hearing and the identity of any witnesses to appear at the hearing. (d) Conduct of the Administrative Review Hearing. The administrative review hearing shall be open to the public, shall be published at least seventy-two (72) hours in advance, and shall be tape-recorded. Any party to the hearing may, at its own expense, cause the hearing to be recorded by a certified court reporter. During the hearing, evidence and testimony may be presented to the hearing officer. (e) Proposed Decision. The hearing officer shall issue a proposed decision including a summary of the issues and the evidence presented, and findings and conclusions, within ten (10) City business days of the conclusion of the administrative review hearing. Copies of the proposed decision shall be served upon the parties to the hearing by certified mail. A notice that a copy of the proposed decision is available for inspection during normal business hours shall be posted at the office of the Director of the Department. The proposed decision shall be a recommendation to the Director, and the Director shall adopt, modify, or deny such recommendation and prepare a final decision on the matter. Such final decision shall be served upon the parties to the hearing and posted in the same manner as provided for the proposed decision herein. The Director's decision shall be a final administrative determination following five (5) City business days of notice to the parties. Grantee may appeal such decision pursuant to California Code of Civil Procedure Section 1094.5. (Added by Ord. 58-00, File No. 000198, App. 4/7/2000)

Any penalties assessed and recovered in an action brought pursuant to this Article shall be deposited in a special account, to be known as the Subscriber Service Account, to be used for the purpose of promoting the interests of Subscribers in the City. (Added by Ord. 58-00, File No. 000198, App. 4/7/2000)

For good cause to protect the public health, safety and welfare, the Director of the Department may request the Director of the Department of Public Works to suspend issuance of excavation permits to a Person who is determined, after notice and a hearing, to be in violation of this Chapter or a Franchise. (Added by Ord. 58-00, File No. 000198, App. 4/7/2000)

SEC. 11.83-A. PENALTIES FOR VIOLATION OF CUSTOMER SERVICE AND CONSUMER PROTECTION STANDARDS. (a) Applicable Standards. A State Video Franchise holder shall comply with all of the customer service and consumer protection standards contained in: (1) California Government Code Sections 53055, 53055.1, 53055.2, and 53088.2; and (2) Title 47, Code of Federal Regulations, Section 76.309(c), or any other customer service standards pertaining to the provision of video service subsequently established by federal law or adopted by federal regulation. (b) Amount of Penalties. (1) If the Department finds that a State Video Franchise holder is in Material Breach of any of the customer service or consumer protection standards identified in subsection (a) above, and that such Material Breach was in the reasonable control of the State Video Franchise holder, the Department may impose the following monetary penalties: (A) a maximum of five hundred dollars ($500) for each day of each Material Breach, not to exceed one thousand five hundred dollars ($1,500) for each occurrence of a Material Breach; (B) a maximum of one thousand dollars ($1,000) for each day of each Material Breach, not to exceed three thousand dollars ($3,000) for each occurrence of the Material Breach for any subsequent Material Breach of the same nature occurring within twelve (12) months; and (C) a maximum of two thousand five hundred dollars ($2,500) for each day of each Material Breach, not to exceed seven thousand five hundred dollars ($7,500) for each occurrence of the Material Breach for a third or further Material Breach of the same nature occurring within those same twelve (12) months; provided that the increased penalties may only be assessed after the Department has provided the State Video Franchise holder with notice and a penalty has been assessed pursuant to subsection (c) below. (2) The Department shall not seek to impose a penalty on a State Video Franchise holder for a violation of any of the customer service or consumer protection standards contained in subsection (a) above other than in the amounts authorized by this Section. For other violations of this Chapter, the penalties authorized by Section 11.77 shall still apply. (c) Procedure to Impose Penalties. (1) The Department shall notify a State Video Franchise holder in writing of any Material Breach of any of the customer service or consumer protection standards contained in subsection (a) above, and the penalty to be imposed for such Material Breach. The State Video Franchise holder shall have thirty (30) days from the receipt of the notice to remedy the specified Material Breach or the penalties set forth in the notice shall be imposed. (2) The Department shall not seek to impose a penalty on a State Video Franchise holder for a violation of any of the customer service or consumer protection standards contained in subsection (a) above without first sending the State Video Franchise holder notice of the violation as required by this Section. For other violations of this Chapter, the notice required by Section 11.75 shall still apply. (d) Material Breach. A Material Breach for the purposes of assessing penalties under this Section shall be deemed to have occurred for each day following the expiration of the thirty (30)-day notice period that any Material Breach has not been remedied by the State Video Franchise holder, irrespective of the number of Subscribers affected. (e) Use of Penalties. Any penalty assessed under this Section shall be divided as follows: (1) fifty percent (50%) of the penalty assessed shall be placed in the Subscriber Service Account established under Section 11.82; and (2) fifty percent (50%) of the penalty assessed shall be remitted to the State of California to be placed in the Digital Divide Account established under California Public Utilities Code Section 280.5. (Added by Ord. 99-09, File No. 090287, App. 6/19/2009)