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(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)
An Occupant may bring an action against an Operator and/or an Operator's employee or agent who fails to provide a Receipt upon request or who charges the Occupant Rent based on an inaccurate statement of duration of Occupancy and may recover from the Operator any or all of the following: (1) an order enjoining the violation; (2) civil damages; (3) punitive damages, if the court determines that the violation was willful; and (4) any other relief that the court deems proper. The court shall award court costs and attorneys' fees to a prevailing private plaintiff in litigation filed under this Section.
(Added by Ord. 234-06, File No. 060892, App. 9/14/2006; amended by Ord. 292-10, File No. 101100, App. 11/18/2010)
(b) Nothing in this Article shall preclude the District Attorney from prosecuting violations of the provisions of this Article as a felony under applicable state law.
(Added by Ord. 234-06, File No. 060892, App. 9/14/2006; amended by Ord. 292-10, File No. 101100, App. 11/18/2010)
Unless otherwise expressly provided, the remedies, penalties and procedures provided under this Article are cumulative and are not intended to be exclusive of any other available remedies, penalties and procedures.
(Added by Ord. 234-06, File No. 060892, App. 9/14/2006)
Unless otherwise provided by state law, any criminal, civil, or administrative action brought under this Article shall be commenced not more than 4 years from the date of the Transaction, except for fraud in which case Section 6.11-2 of the Business and Tax Regulations Code shall apply.
(Added by Ord. 234-06, File No. 060892, App. 9/14/2006; amended by Ord. 292-10, File No. 101100, App. 11/18/2010)
An Operator and its owners, managers, and employees must cooperate with the Enforcing Agency or any other City agency having an interest in the operation of the Parking Station, including but not limited to City auditors, the District Attorney's Office, and any other City officials, employees or agents assigned by ordinance, regulation or authorized by the Enforcing Agency to administer or implement this Article, by providing immediate access to all RCE, RCE Records, Parking Tickets, books and records of accounts, and other documentation regarding an Operator's receipt of Rent, remittance of Parking Taxes, and compliance with this Article and the Business and Tax Regulations Code.
(Added by Ord. 234-06, File No. 060892, App. 9/14/2006; amended by Ord. 292-10, File No. 101100, App. 11/18/2010)
Nothing in this Article shall limit the authority of the City and County of San Francisco or the Parking Authority of the City and County of San Francisco to administer and manage Parking Stations under their respective jurisdiction or control or to establish revenue control requirements for those Parking Stations that are more restrictive than the provisions of this Article.
(Added by Ord. 234-06, File No. 060892, App. 9/14/2006; repealed by Ord. 292-10, File No. 101100, App. 11/18/2010)
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