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(a) Where there is a nexus between the violation and real property located in the City, the charging official may provide notice of the citation to the owner of the real property as set forth in this Subsection and that unpaid fines for the citations may become a lien on the property. If the charging official gives this notice, the official shall do so within three City business days of service of the notice on the person cited.
(1) Post one copy of the citation in a conspicuous place upon the building or real property.
(2) Serve one copy of the citation on each of the following:
(A) The person, if any, in real or apparent charge or control of the premises or property involved;
(B) The owner of record.
(b) When serving a copy of the citation as provided in Subsection (a)(2), the charging official shall include written notice of the following:
(1) That the owner of the property has the right to seek administrative review of the citation by filing an appeal with the Controller within 30 days of the date of service of the notice to the property owner.
(2) That the failure by all persons authorized to appeal the citation under this Chapter to file such an appeal will make the issuance of the citation a final action by the City as to all such persons, for which there is no further administrative review and no judicial review.
(c) For purposes of this Chapter, there is a nexus between a violation and real property where an activity or condition on the real property has caused, contributed to, or been a substantial factor in causing, the violation.
(d) The City may not impose a lien on the property under Section 100.7(b) unless the charging official provides notice to the property owner as set forth in this Section.
(Added by Ord. 73-08, File No. 071670, App. 4/30/2008)
(a) Unless the ordinance under which the citation is issued otherwise provides, the amount of the fine set by the charging official shall be governed by this Section:
(1) The amount of the fine for violation of an ordinance that also makes violation an infraction shall be (1) up to $100.00 for a first violation of the ordinance; (2) up to $200.00 for a second violation of the same ordinance within one year of the date of the first violation; and (3) up to $500.00 for each additional violation of the same ordinance within one year of the date of a second or subsequent violation.
(2) The amount of the fine for violation of an ordinance that also makes violation a misdemeanor shall be up to $1000.00.
(3) The amount of the fine for violation of an ordinance that does not provide for a criminal penalty shall be up to $1000.00.
(4) In determining the amount of the fine, the charging official may take any or all of the following factors into consideration:
(A) The duration of the violation;
(B) The frequency, recurrence and number of violations by the same violator;
(C) The seriousness of the violation;
(D) The good faith efforts of the violator to correct the violation;
(E) The economic impact of the fine on the violator;
(F) The injury or damage, if any, suffered by any member of the public;
(G) The impact of the violation on the community;
(H) The amount of City staff time, which was, expended investigating or addressing the violation;
(I) The amount of fines imposed by the charging official in similar situations;
(J) Such other factors as justice may require.
(Added by Ord. 73-08, File No. 071670, App. 4/30/2008)
(a) The citation shall set forth the date by which the fine is required to be paid, which date shall allow at least 30 days for payment from the date that the citation is served. The fine shall be due and payable on or before the date set forth in the citation, unless the person cited has filed a timely appeal in compliance with the requirements of Section 100.9.
(c) Fines that remain unpaid 30 days after the due date shall be subject to a late payment penalty of 10 percent plus interest at the rate of 1 percent per month on the outstanding balance, which shall be added to the penalty amount from the date that payment is due.
(d) All fines and late payment fees shall be payable to the City and deposited in the City's general fund, unless the payment is made pursuant to an ordinance that provides otherwise.
(e) If the fine is unpaid by the date that it is due under this Chapter, the charging official shall serve notice within 30 days of the delinquency that fines not paid by the due date are subject to a late payment penalty as provided in Subsection (c). Where there is a nexus between the violation and real property against which the City may impose a lien for non-payment of the citation as provided in Section 100.7(b), the charging official may serve notice to the owner of such property that the person cited has not timely paid the citation and that the charging official may initiate proceedings to make the amount due and all additional authorized costs and charges, including attorneys fees, a lien on the property. If the charging official does not provide the notice set forth in this Subsection, the City may not impose a lien on the property under Section 100.7(b).
(Added by Ord. 73-08, File No. 071670, App. 4/30/2008)
(a) The amount of any fine not paid within the time required under this Chapter, including the amount of any applicable late payment charges, constitutes a debt to the City. The City may file a civil action or pursue any other legal remedy to collect such money. In any civil action to obtain payment of the fine, and any late payment penalties, the City shall be entitled to obtain a judgment for the amount of the unpaid fines and penalty payments and, in addition, for the costs and attorneys' fees incurred by the City in bringing any civil action to enforce the provisions of this Section.
(b) Where there is a nexus between the violation and real property located in the City as defined in Section 100.4(c), the charging official may initiate proceedings to make the payment amount due and all additional authorized costs and charges, including attorneys' fees, a lien on the property. Such liens shall be imposed in accordance with San Francisco Administrative Code Sections 10.230—10.237, or any successor provisions. Before initiating lien proceedings, the charging official shall send a request for payment under San Francisco Administrative Code Section 10.230A.
(Added by Ord. 73-08, File No. 071670, App. 4/30/2008)
Any person who has been served with a citation, including property owners who receive notice of the citation under Section 100.4, may seek administrative review of the citation by filing an appeal with the Controller as provided in Section 100.9. The grounds for any such appeal shall be that there was no violation of the ordinance for which the citation was issued or that the person cited did not commit the violation.
(Added by Ord. 73-08, File No. 071670, App. 4/30/2008)
(a) Any person who seeks the administrative review of a citation may file an appeal no later than 30 days from the date of service of the citation. An appeal shall be deemed filed on the date that the Controller receives it. At the time that the appeal is filed, the appellant must either deposit with the Controller the full amount of the fine required under the citation or must file an application for an advance deposit hardship waiver, as set forth in Section 100.13. The Controller shall promptly send notice to the charging official of an appeal filed in compliance with this Subsection.
(b) The Controller shall take the following actions within 10 days of receiving an appeal filed with the deposit required in Subsection (a): (1) appoint a hearing officer, (2) set a date for the hearing, which date shall be no less than 10 and no more than 60 days from the date that the appeal was filed, and (3) send written notice of the hearing date to the appellant and the charging official.
(c) The Controller shall, within 10 days of receiving an appeal filed with an application for an advance deposit hardship waiver, determine whether to grant or deny the waiver, as set forth in Section 100.13.
(1) If the Controller grants the waiver, the Controller shall promptly (1) appoint a hearing officer, (2) set a date for the hearing, which date shall be no less than 10 and no more than 60 days from the date that the appeal was filed, and (3) send written notice of the hearing date to the appellant and the charging official.
(2) If the Controller denies the waiver, the Controller shall serve the determination on the applicant and the charging official and shall require the applicant to make the required deposit within 10 days from service of the notice. If the person fails to comply with the requirement within 10 days, the Controller shall consider the appeal withdrawn and shall serve written notice to the person who filed the appeal and to the charging official that the appeal has been withdrawn. Upon receiving notice of the withdrawn appeal, the charging official shall serve written notice on the person cited that the fine set forth in the citation is due and payable on or before the tenth day after service of the notice.
(d) Upon receiving an appeal that is filed without either the required deposit or an application for an advance deposit hardship waiver, the Controller shall provide written notice to the person who filed the appeal that such person must either make the deposit or file the waiver application. The Controller shall provide the person 10 days from service of the notice to comply. If the person fails to comply with the requirement within 10 days, the Controller shall consider the appeal withdrawn and shall serve written notice on the person who filed the appeal and the charging official that the appeal has been withdrawn. Upon receiving notice of the withdrawn appeal, the charging official shall serve written notice that the fine set forth in the citation is due and payable on or before the tenth day after service of the notice.
(e) If the person cited fails to pay the fine within the 10 days required under Subsections (c)(2) or (d), the charging official shall serve notice of the late payment penalty that will become due for fines that remain unpaid 30 days after the due date as provided in Section 100.6(c). Where there is a nexus between the violation and real property against which the City may impose a lien for non-payment of the citation as provided in Section 100.7(b), the charging official may serve a copy of this notice on the owner of the property and, if such notice is given, shall also provide notice that the charging official may initiate lien proceedings to make the amount due under the citation and all additional authorized costs and charges, including attorneys fees, a lien on the property. If the charging official does not provide the notice to the property owner required under this Subsection, the City may not impose a lien on the property under Section 100.7(b).
(f) When more than one person files an appeal of a citation, payment by any appellant shall satisfy the deposit requirement for all appellants.
(g) The provisions of this Section 100.9 requiring the Controller or Charging Official to act by a specific date are directory. The failure of the Controller or Charging Official to take action within the time specified shall not deprive that person of jurisdiction over the matter or of the right to take action at a later time, unless to do so would unreasonably prejudice persons issued citations. This Subsection 100.9(g) shall not apply to the requirements of this Section governing notice to the owners of real property where there is a nexus between the violation and the property as defined in Section 100.4(c).
(Added by Ord. 73-08, File No. 071670, App. 4/30/2008)
Upon receiving notice that the Controller has scheduled a hearing on an appeal, the charging official shall, within three City business days, serve the appellant and the hearing officer with records, materials, photographs, and other evidence on which the charging official intends to rely at the hearing to support the citation. The charging official may serve this information at any earlier time; if the Controller has not yet appointed a hearing officer, the charging official may serve the information on the Controller, who shall provide it to the person appointed as hearing officer. If the charging official does not serve the information required under this Section within three City business days, the hearing officer may grant a request by the charging official to allow later service and may find good cause to continue the hearing because of the delayed service.
(Added by Ord. 73-08, File No. 071670, App. 4/30/2008)
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