(a) Each SVFH that fails to remedy the notice of breach conduct in violation of this Section (“un-remedied breach”) and/or that fails to obtain an exemption determination shall pay a penalty to the City as set out here.
(b) Penalties for an SVFH's failure to remedy the notice of breach conduct shall accrue daily as follows:
(1) Commencing on the first calendar day following expiration of the time to cure through the date of remedy of the breach; or
(2) Commencing on the first calendar day following receipt of denial of a request for exemption from breach through the date of remedy of the breach.
(c) An SVFH shall pay a penalty for the un-remedied first notice of breach not to exceed a fine of $500 for each calendar day, not to exceed $1,500 for each occurrence of an un-remedied breach.
(d) For a second material breach of a similar nature as the notice of breach for which a penalty was assessed, occurring within 12 months from the date of the first notice of breach, whether remedied or not, an SVFH shall pay a penalty accruing not to exceed $1,000 per calendar day, not to exceed $3,000, for each occurrence of an un-remedied breach.
(e) For a third or further material breach, of a similar nature as the notice of breach for which a penalty was assessed, occurring within the same 12 months of the date of the notice of breach, whether or not remedied an SVFH shall pay a penalty not to exceed $2,500 per calendar day, not to exceed $7,500 for each occurrence of an unremedied breach.
(Ord. 109, passed 11-5-2008)