(Amended by Ord. No. 187,032, Eff. 6/14/21.)
A. Administrative Penalties, Compensatory Penalties, and Corrective Actions. In addition to any of the remedies and penalties set forth in this article or any other law, where the General Manager determines that a Respondent has violated Section 51.03 or Section 51.04, the General Manager shall impose an administrative penalty. The General Manager also may impose Compensatory Penalties unless the Complainant has been previously awarded punitive damages in a civil case arising out of the same act or transaction. The cumulative amount of the penalties imposed shall not exceed $125,000, except upon a finding by the General Manager that a violation was the result of a Respondent's harassing or violent act, in which case the cumulative amount of the penalties shall not exceed $250,000. The General Manager may also order a Respondent to undertake corrective actions to remedy the violation or prevent future violations. Such administrative penalties, Compensatory Penalties, and corrective actions shall be set forth in the notice of violation.
B. Criminal Penalties. Any person who willfully resists, obstructs or interferes with the Commission, the General Manager, or the Hearing Officer in the performance of any duty under this article shall be guilty of a misdemeanor and be punishable by a fine of not more than $1,000 and by imprisonment in the County Jail for a period of not more than six months.
C. Payments to City, Due Date, Late Payment Penalty. Administrative penalties and Compensatory Penalties shall be due and payable to the City within 30 calendar days from the date of the General Manager's notice of violation. Failure to timely pay a penalty will result in the assessment of a late fee, assessed daily at a rate of 7 percent per annum of the outstanding amount of the penalty and late fees, if any. The City may collect any unpaid penalty, including the late fee, by means of a civil action, injunctive relief, specific performance and the recordation of a lien against real property in accordance with applicable law. Any administrative penalties recovered pursuant to this section shall be paid to the City. Any Compensatory Penalties recovered pursuant to this section shall be paid to the Complainant.
D. Severity of Penalties. The General Manager shall impose penalties for violations of this article only after considering factors, including, but not limited to: 1) the extent of harm caused by the violation; 2) the nature and persistence of the violation; 3) the length of time over which the violation occurs; 4) past violations; 5) any action taken to mitigate the violation; and 6) the financial burden to the Respondent.