§ 1410.

ENFORCEMENT

a.

The Director has authority to administer all provisions of this Chapter and to enforce its provisions by any lawful means available for such purpose. The Department of Building Inspection shall work together with the Director to coordinate enforcement of this Chapter with enforcement of relevant provisions of the Building Code.

b.

In order to carry out the provisions of this Chapter, the Director has the authority to inspect any registered facility or registered transporter. This right of entry will be exercised only at reasonable hours, and with the consent of the owner of the vehicle or facility or with a proper inspection warrant. The Director will inspect each registered facility and transporter at least once annually.

c.

Suspension of registration. Whenever the Director finds that information in a person’s application, registration or any required report is inaccurate, a person does not have the appropriate permits, authorizations or licenses to operate the registered facility or vehicle, or that a person is violating or has violated this Chapter or the terms of a registration, the Director may issue an order suspending the registration as provided in this Section. The Director’s order to suspend must include a written statement of the reasons for the suspension and must provide the person with an opportunity to respond in writing before the order becomes effective. The order shall provide the effective date and end date of the suspension. The suspension period will be no more than: one (1) month for the first violation; six (6) months for the second; and twelve months (12) for any subsequent violations. The Director’s decision shall be final.

d.

A final decision of the Director to suspend a registration may be appealed to the Board of Appeals in the manner prescribed in Article 1 of the San Francisco Business and Tax Regulations Code. Any person who fails to appeal the Director’s decision to the Board of Appeals within the time specified may not challenge a decision or final order of the Director in any judicial proceedings brought to enforce the decision or order or for other remedies. Within ninety (90) days of the decision of the Board of Appeals, a person may file with a Court of competent jurisdiction a petition for writ of mandate to review the Board of Appeals decision, provided that the responsible party has exhausted its administrative remedies. Any person who fails to file a petition within this 90-day period may not challenge a decision or final order of the Board of Appeals in any judicial proceedings brought to enforce the decision or order or for other remedies. Section 1094.5 of the California Code of Civil Procedure shall govern any proceedings conducted pursuant to this Section. In all proceedings pursuant to this Section, the Court shall affirm the Board of Appeal’s decision if it is based upon substantial evidence in the whole record. This Section does not prohibit the Court from granting any appropriate relief within its jurisdiction.

e.

The Director may request the City Attorney or the District Attorney, as the case may be, to commence an action to enforce this Chapter.

i.

Civil Penalties. Any person who violates this Chapter shall be civilly liable to the City and County of San Francisco for a civil penalty in an amount not to exceed one-thousand dollars ($1,000) for each day in which the violation occurs. Each day that such violation continues shall constitute a separate violation. For a second violation of the Chapter, the civil penalty will be not less than one thousand dollars ($1,000) and not more than five thousand dollars ($5,000) for each day in which the violation occurs. In determining civil penalties, the court shall consider the extent of harm caused by the violation(s), 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.

ii.

Criminal Penalties. Each violation shall be considered a separate misdemeanor punishable by a fine not exceeding than one thousand dollars ($1,000), or imprisonment not to exceed six (6) months in the County Jail, or both. In determining criminal penalties, the court shall consider the extent of harm caused by the violation(s), 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.

f.

Remedies under this Section are in addition to and do not supersede or limit any and all other remedies, civil or criminal.

History

(Added by Ord. 27-06, File No. 051142, App. 2/16/2006)

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