If any violation, obstruction, interference or omission of an order or regulation of the Board of Health is by a corporation, it shall forfeit and pay to the City a sum not to exceed five thousand dollars ($5,000), to be collected in a civil action brought in the name of the City. Any officer or agent of such corporation having authority over the matter, and permitting such violation, shall be subject to a fine or imprisonment, or both, as provided in Section 1101.99. The judgment herein authorized is in the nature of a penalty or exemplary damages. No proof of actual damages shall be required, but the court or jury finding other facts to justify recovery shall determine the amount by reference to all of the facts, inculpatory, exculpatory or extenuating, adduced upon the trial.
The right to proceed under this section shall not relieve any person from prosecution for a misdemeanor as otherwise provided.