Loading...
(a) Separate and Continuing Violations; Penalties Paid Do Not Cure Violations. Each day that a violation exists constitutes a separate and distinct offense. Each section violated constitutes a separate violation for any day at issue. If the person or persons responsible for a violation fail to correct the violation, subsequent administrative citations may be issued for the same violation(s). Payment of the penalty shall not excuse the failure to correct the violation nor shall it bar any further enforcement action by the City. If penalties and costs are the subject of administrative appeal or judicial review, then the accrual of such penalties and costs shall be stayed until the determination of such appeal or review is final.
(b) Payments to City; Due Date; Late Payment Penalty. All penalties assessed shall be payable to the City and County. Administrative penalties and costs assessed by means of an administrative citation shall be due within 30 days from the date of the citation. The failure of any person to pay an administrative penalty and costs within that time shall result in the assessment of an additional late fee. The amount of the late fee shall be 10% of the total amount of the administrative penalty assessed for each month the penalty and any already accrued late payment penalty remains unpaid, up to a maximum of 40% of the total amount of the administrative penalty.
(c) Collection of Penalties; Special Assessments. The failure of any person to pay a penalty assessed by administrative citation within the time specified on the citation constitutes a debt to the City. The City may file a civil action, create and impose liens as set forth below, or pursue any other legal remedy to collect such money.
(d) Liens. The City may create and impose liens against any property owned or operated by a person who fails to pay a penalty assessed by administrative citation. The procedures provided for in Section 6.10-3 shall govern the imposition and collection of such liens.
(Added by Ord. 177-01, File No. 010826, App. 8/17/2001; amended by Ord. 26-04, File No. 031990, App. 2/19/2004; Ord. 291-10, File No. 101099, App. 11/18/2010; Ord. 24-17, File No. 161226, App. 2/10/2017, Eff. 3/12/2017)
(Former Sec. 6.19-4 renumbered as Sec. 6.19-1 by Ord. 290-00, File No. 001627, App. 12/22/2000)
The enforcement officer may issue an administrative citation to any person who violates the Code provisions identified in Section 6.19-3(b). The administrative citation shall be issued on a form prescribed by the Tax Collector.
(Added by Ord. 177-01, File No. 010826, App. 8/17/2001; amended by Ord. 26-04, File No. 031990, App. 2/19/2004; Ord. 291-10, File No. 101099, App. 11/18/2010)
(Former Sec. 6.19-5 renumbered as Sec. 6.19-2 by Ord. 290-00, File No. 001627, App. 12/22/2000)
Service of an administrative citation may be accomplished as follows:
(a) The enforcement officer may obtain the signature of the person responsible for the violation to establish personal service of the citation; or
(b) The enforcement officer may serve the citation on the person responsible for the violation by first-class mail, postage prepaid, with a declaration of service under penalty of perjury made by the person mailing the administrative citation, showing the date and manner of service by mail and reciting the name and address of the citation addressee. Service of the administrative citation by mail in this manner shall be effective on the date of mailing.
(Added by Ord. 177-01, File No. 010826, App. 8/17/2001; amended by Ord. 26-04, File No. 031990, App. 2/19/2004; Ord. 291-10, File No. 101099, App. 11/18/2010; Ord. 24-17, File No. 161226, App. 2/10/2017, Eff. 3/12/2017)
(Former Sec. 6.19-6 renumbered as Sec. 6.19-3 by Ord. 290-00, File No. 001627, App. 12/22/2000)
The administrative citation shall include all the following:
(a) A description of the violation(s);
(b) The date and location of the violation(s) and the approximate time the violation(s) was observed;
(c) A citation to the provisions of law vio- lated;
(d) A description of corrective action re- quired;
(e) A statement explaining that each day of a continuing violation may constitute a new and separate violation;
(f) The amount of administrative penalty imposed for the violation(s);
(g) A statement informing the violator that the fine shall be paid to the City and County of San Francisco within 30 days from the date on the administrative citation, the procedure for payment, and the consequences of failure to pay;
(h) A description of the process for appealing the citation, including the deadline for filing such an appeal; and
(i) The name and signature of the enforcement officer.
(Added by Ord. 177-01, File No. 010826, App. 8/17/2001; amended by Ord. 152-21, File No. 210828, App. 9/29/2021, Eff. 10/30/2021)
(a) Persons receiving an administrative citation may within 15 days from the date the citation is served, protest the citation by either (1) requesting a hearing by mail, or (2) scheduling an in-person hearing. The hearing officer may not reduce the penalty amount and will only decide whether the person is responsible for the disputed penalty.
(b) Hearing by Mail. Persons receiving an administrative citation may protest the citation by paying the penalty amount and requesting a hear- ing by mail from the Tax Collector. The request must be made in writing, in the format prescribed by the Tax Collector. Protests must be mailed to- gether with the penalty amount to the Office or the Treasurer & Tax Collector at the address provided on the administrative citation. The request must specify the basis for the protest in detail and must be accompanied by evidence supporting the request. The Tax Collector may request that the protesting party provide any additional informa- tion necessary to decide the validity of the citation. The Tax Collector shall evaluate the protest and notify the protesting party of the decision by mail within 30 days of receipt by the Tax Collector or all information and evidence. A copy of the decision will be mailed to the protesting party. A decision made in a hearing by mail is a final order and cannot be appealed.
(c) In-Person Administrative Hearing. The person charged in the citation may appeal the citation by paying the penalty and filing a petition for redetermination pursuant to Section 6.13-1. A hearing on the petition for redetermination of a citation shall proceed in the same manner as a petition for redetermination of tax. Any reference in Sections 6.13-1 et seq. to taxes, penalties, or interest shall be deemed to also apply to the hearing of an administrative citation. If the person charged fails to appear for the hearing, a default judgment shall be entered against the person. The person will automatically be deemed liable for the penalty, together with any additional fees and interest.
(d) For the hearings provided under subsections (b) and (c) of this Section 6.19-8, the burden of proof shall be on the person protesting the citation.
The Tax Collector may promulgate and enforce rules and regulations, and issue determinations and interpretations relating to the administrative penalty and citation system, and the conducting of administrative hearings and rendering of decisions, pursuant to Sections 6.19-3 through 6.19-11, inclusive. Any rules and regulations promulgated by the Tax Collector shall be approved as to legal form by the City Attorney. The rules and regulations shall become effective 30 days after receipt by the Clerk of the Board of Supervisors and the Clerk of the Finance Committee, unless the Board of Supervisors by resolution disapproves or modifies the regulations. The Board of Supervisors' determination to modify or disapprove a rule or regulation submitted by the Tax Collector shall not impair the ability of the Tax Collector to resubmit the same or similar rule or regulation directly to the Board of Supervisors if the Tax Collector determines it is necessary to effectuate the purposes of the administrative penalty and citation system.
(Added by Ord. 177-01, File No. 010826, App. 8/17/2001; amended by Ord. 26-04, File No. 031990, App. 2/19/2004; Ord. 291-10, File No. 101099, App. 11/18/2010)
(a) Procedures. After receipt of the Tax Collector’s decision, the appellant may file an appeal with the Superior Court pursuant to California Government Code Section 53069.4. The appeal shall be submitted within 20 days of the date of mailing of the Tax Collector’s decision, with the applicable filing fee. The appeal shall state the reasons the appellant objects to the Tax Collector’s findings or decision.
(b) Review. The Superior Court shall con- duct a de novo hearing, except that the contents of the Tax Collector’s file shall be received into evidence. A copy of the notice of violation and imposi- tion of penalty shall be entered as prima facie evidence of the facts stated therein.
(c) Filing Fee. The Superior Court filing fee shall be $25. If the court finds in favor of the appellant, the amount of the fee shall be reimbursed to the appellant by the City and County of San Francisco. Any deposit of penalty shall be refunded by the City and County of San Francisco in accordance with the judgment of the court.
(Added by Ord. 177-01, File No. 010826, App. 8/17/2001; amended by Ord. 152-21, File No. 210828, App. 9/29/2021, Eff. 10/30/2021)
Loading...