(a) Criminal Penalties. Any person who knowingly or willfully violates this Chapter 2 shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than $10,000 for each violation or by imprisonment in the County jail for a period of not more than one year in jail or by both such fine and imprisonment.
(b) Civil Penalties. Any person who intentionally or negligently violates this Chapter 2 shall be liable in a civil action brought by the City Attorney for an amount up to $5,000 for each violation.
(c) Injunctive Relief. The City Attorney or any San Francisco resident may bring a civil action on behalf of the people of San Francisco to enjoin violations of or compel compliance with this Chapter 2.
(1) No resident may commence a civil action under this Section 3.242 without first notifying the City Attorney in writing of the intent to file a civil action under this Section 3.242. If the City Attorney fails to notify the resident within 120 days of receipt of the notice that the City Attorney has filed or will file a civil action, the complainant may file the action. No resident may file an action under this Section 3.242 if the City Attorney responds within 120 days that the City Attorney intends to file an action or has already filed a civil action.
(2) No resident may bring an action under this Section 3.242 if the Ethics Commission has issued a finding of probable cause arising out of the same facts, the District Attorney has commenced a criminal action arising out of the same facts, or another resident has filed a civil action under this Section 3.242 arising out of the same facts.
(3) A court may award reasonable attorney’s fees and costs to any resident who obtains injunctive relief under this Section 3.242.
(d) Administrative Penalties. Any person who violates this Chapter 2 shall be liable in an administrative proceeding before the Ethics Commission held pursuant to the Charter. In addition to the administrative penalties set forth in the Charter, the Ethics Commission may issue warning letters to City officers and employees.
(e) Statute of Limitations. No person may bring a criminal, civil or administrative action under this Section 3.242
against any other person more than four years after the date of the alleged violation.
(Added by Proposition E, 11/4/2003; amended by Proposition D, 3/5/2024, Eff. 4/12/2024, Oper. 10/12/2024)