(a) The Director, the Director of Public Works, the Sheriff, and their respective designees have authority to administer all provisions of this Chapter 14 and to enforce its provisions by any lawful means available for such purpose. The Departments of Building Inspection, Public Works, and the Sheriff shall work together with the Director to coordinate enforcement of this Chapter with enforcement of relevant provisions of the Building Code, Public Works Code, and related rules and regulations.
(b) In order to carry out the provisions of this Chapter 14, the Director, the Director of Public Works, the Sheriff, and their respective designees have the authority to inspect the premises, equipment, and records of any registered Facility or permitted Transporter. This right of entry will be exercised only at reasonable hours, with the consent of the owner of the vehicle or facility or with a proper inspection warrant, and to the extent permitted by applicable laws. The Director and/or the Director’s designee(s) will inspect and/or audit the records of each registered Facility and Transporter at least once annually.
(c) Suspension of registration or permit. Whenever the Director finds that information in a Person’s permit or registration, a required report, or other submission to the Director, is inaccurate or incomplete, or a person does not have all appropriate permits, authorizations, or licenses to use or operate the registered Facility or permitted equipment, or that a person is violating or has violated this Chapter 14
or the terms of a permit or registration, the Director may issue an order suspending the permit or registration as provided in this Section 1410. The Director’s order to suspend must include a written statement of the reasons for the suspension and must provide the person with an opportunity to respond in writing before the order becomes effective. The order shall provide the effective date and end date of the suspension. The suspension period will be no more than: one month for the first violation; six (6) months for the second; and twelve months for any subsequent violations. The Director’s decision shall be final.
(d) A final decision of the Director to suspend a permit or registration may be appealed to the Board of Appeals in the manner prescribed in Article 1 of the Business and Tax Regulations Code. Any person who fails to appeal the Director’s decision to the Board of Appeals within the time specified may not challenge a decision or final order of the Director in any judicial proceedings brought to enforce the decision or order or for other remedies. Within 90 days of the decision of the Board of Appeals, a person may file with a court of competent jurisdiction a petition for writ of mandate to review the Board of Appeals decision, provided that the responsible party has exhausted its administrative remedies. Any person who fails to file a petition within this 90-day period may not challenge a decision or final order of the Board of Appeals in any judicial proceedings brought to enforce the decision or order or for other remedies. Section 1094.5 of the California Code of Civil Procedure shall govern any proceedings conducted pursuant to this Section 1410. In all proceedings pursuant to this Section, the Court shall affirm the Board of Appeal’s decision if it is based upon substantial evidence in the whole record. This Section does not prohibit the Court from granting any appropriate relief within its jurisdiction.
(e) The Director may request the City Attorney or the District Attorney, as the case may be, to commence an action to enforce this Chapter 14.
(1) Civil Penalties. Any person who violates this Chapter 14 shall be civilly liable to the City and County of San Francisco for a civil penalty in an amount not to exceed $1,000 for each day in which the violation occurs. Each day that such violation continues shall constitute a separate violation. For a second violation of the Chapter, the civil penalty will be not less than $1,000 and not more than $5,000 for each day in which the violation occurs. In determining civil penalties, the court shall consider the extent of harm caused by the violation(s), the nature and persistence of the violation(s), the length of time over which the violation(s) occur(s), the frequency of past violations, any action taken to mitigate the violation, and the financial burden to the violator.
(2) Criminal Penalties. Each violation shall be considered a separate misdemeanor punishable by a fine not exceeding than1
$1,000, or imprisonment not to exceed six months in the County Jail, or both. In determining criminal penalties, the court shall consider the extent of harm caused by the violation(s), the nature and persistence of the violation(s), the length of time over which the violation(s) occur(s), the frequency of past violations, any action taken to mitigate the violation, the financial burden to the violator, and such other factors as deemed relevant and material.
(f) Administrative Penalties. If the Director determines that any Person has violated this Chapter or a regulation adopted pursuant thereto, the Director shall send a written notice of violation as well as a copy of the relevant provisions of this Chapter and/or any regulations adopted pursuant thereto, to that Person, specifying the violation. The Sheriff or the Sheriff’s deputies also may issue written notices of violation consistent with the preceding sentence if the Sheriff or the Sheriff’s deputies determine that any Person has violated this Chapter or a regulation adopted pursuant thereto. For any violation related to Transport of Construction and Demolition Debris, the Person shall have five calendar days from receipt of the notice of violation to correct or cure the violation, by procuring a permit, by submitting to the Department receipts documenting that materials were received as Beneficial reuse, or by other method provided for in Department regulations. For any other violation, the Person shall have 30 calendar days, or other such time as specified by the Department by regulation, from receipt of the notice violation to correct or cure the violation, by submitting to the Department the requested documentation that the violation has been mitigated or steps taken as required by the Department to address the violation, or by other method provided for in Department regulations. If, after having received the notice of violation, the Person fails to correct or cure the noticed violation within the prescribed period, the Director may impose administrative penalties. Administrative Code Chapter 100, “Procedures Governing the Imposition of Administrative Fines,” as amended, is hereby incorporated in its entirety and shall govern the imposition, enforcement, collection, and review of administrative fines imposed to enforce this Chapter or any rule or regulation adopted pursuant to this Chapter, with the exception that the Director may impose administrative penalties up to $1,000 per violation. Each day a Person operates in violation of any provision this Chapter shall constitute a separate violation for these purposes.
(g) Remedies under this Section 1410 are in addition to and do not supersede or limit any and all other remedies, civil or criminal.
(Added by Ord. 27-06, File No. 051142, App. 2/16/2006; amended by Ord. 144-21, File No. 201151, App. 9/24/2021, Eff. 10/25/2021, Oper. 1/1/2022)
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