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(a) Public Complaints. The Enforcing Agency shall receive complaints from members of the public as to an Operator's failure to comply with the provisions of this Article. Where the Enforcing Agency determines that an Operator may have violated the terms of this Article, in addition to any other action that the Enforcing Agency may take pursuant to this ordinance, the Enforcing Agency will notify the District Attorney so that it may pursue its own investigation and take appropriate action. Whenever a written or oral complaint is made to the Enforcing Agency that there has been a violation of this Article, the Enforcing Agency shall refer the complaint to the District Attorney's Office and may also investigate the complaint or allegation itself or refer the matter to the City Attorney.
(b) Rates Posted. The Operator shall post the rates for Rent in effect at the time the Occupant enters the Parking Station at the entrance to the Parking Station, and at every place where the Occupant pays Rent, including cashiers booths and Pay Stations. An Operator shall not charge an Occupant more than the Rent posted for the Occupant's actual Occupancy Period. Rent rates shall be posted no further than 8 feet from every entrance of the Parking Station, in a manner and in a typeface that can be easily read from a distance of 4 feet.
(c) Notice to Occupants of Receipt Requirement. In addition to the signage requirements of California Vehicle Code Section 22658 and other applicable sections of that Code, the Operator shall post a clear and conspicuous sign at every vehicle entrance to the Parking Station and at every location where Occupants pay Rent that informs Parkers of the Operator's obligation to provide a Receipt when requested and providing phone numbers to contact the Parking Facility's manager and the Enforcing Agency.
(Added by Ord. 234-06, File No. 060892, App. 9/14/2006; amended by Ord. 292-10, File No. 101100, App. 11/18/2010)
Severability. If any section, subsection, sentence, clause, phrase, or word of this Article is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Article. The Board of Supervisors hereby declares that it would have enacted this Article and each and every section, subsection, sentence, clause, phrase, and word not declared invalid or unconstitutional without regard to whether any other portion of this Article would be subsequently declared invalid or unconstitutional.
(a) The Enforcing Agency, the District Attorney, the Police Department and the City Controller or authorized representatives of those agencies shall have the authority to inspect Parking Stations, RCE, RCE Records, and books of account to ensure that an Operator is in compliance with this Article, that all required RCE is functioning as required by this Article, and that Rent and Parking Taxes are accurately reported and collected.
(b) In enforcing the provisions of this Article, the Enforcing Agency may use all authority granted to it by law, including but not limited to its authority to audit and inspect, investigate, attach liens, revoke licenses, revoke certificates of registration, revoke certificates of authority, issue administrative citations, and seize and sell property under the Business and Tax Regulations Code.
(c) The Enforcing Agency is authorized to promulgate regulations and issue rules, interpretations, and determinations consistent with the purposes of this Article as may be necessary and appropriate to implement or enforce the provisions of this Article.
(d) An Operator is strictly liable for the acts of its employees, managers, and agents that violate any provision of this Article.
(Added by Ord. 234-06, File No. 060892, App. 9/14/2006; amended by Ord. 292-10, File No. 101100, App. 11/18/2010)
(a) Civil Penalties and Enforcement. Violation of this Article shall be subject to a civil penalty of up to $25,000 per violation. In addition to the enforcement authority and powers granted to the Tax Collector in the Business and Tax Regulations Code, the City and County of San Francisco may initiate a civil action against any person to compel compliance or to enjoin violations of this Article.
(b) Recovery of Attorney's Fees. If the City and County of San Francisco initiates a civil action against any person to compel compliance or to enjoin violations of this Article, at the time the action is filed, the City may elect to seek recovery of attorney's fees and costs incurred in that enforcement action. Where the City makes this election, the prevailing party shall be entitled to recover attorney's fees. In no event shall the award of attorney's fees to a prevailing party exceed the amount of reasonable attorney's fees incurred by the City in the action.
(Ord. 292-10, File No. 101100, App. 11/18/2010; amended by Ord. 257-14
, File No. 141053, App. 12/19/2014, Eff. 1/18/2015)
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