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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)
If any part of this Article or the application thereof to any person or circumstances is held invalid, then the remainder of this Article, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect.
(Added by Ord. 234-06, File No. 060892, App. 9/14/2006)