(A) Each SVFH that fails to remedy the notice of breach conduct in violation of this section (“unremedied 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 in through the date of remedy of the breach under this section; 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 unremedied 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 unremedied 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 unremedied 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. 2008-13, passed 12-2-2008)