(a) The Director shall administer and enforce this Chapter 27.
(b) If the Director determines that a Grocer has violated this Chapter 27 or a regulation adopted pursuant thereto, the Director shall send a written warning, as well as a copy of this Chapter and any regulations adopted pursuant thereto, to the Grocer, specifying the violation. The Grocer shall have 30 days after receipt of the warning to correct the violation.
(c) If, after having received a warning in accordance with subsection (b), the Grocer fails to correct the noticed violation within 30 days after receipt of the warning, the Director may impose administrative penalties, including fines for violations of this Chapter 27 and/or of any regulation adopted pursuant thereto, and/or suspension or revocation of any permits held. 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. Each day a Grocer fails to correct a violation shall constitute a separate violation for these purposes. Grocers and Producers shall be jointly and severally liable for delays in submitting required reports and for false statements made in reports to the Director or in the documentation required to comply with this Chapter.
(d) The City Attorney, a Grocer, or any organization with tax exempt status under 26 United States Code Section 501(c)(3) or 501(c)(4) and with a primary mission of protecting human health and/or the environment in the San Francisco Bay Area, may bring a civil action to enjoin violations of or compel compliance with any requirement of this Chapter 27 or any rule or regulation adopted pursuant to this Chapter, as well as for payment of civil penalties and any other appropriate remedy. The court shall award reasonable attorney fees and costs to the City Attorney, Grocer, or non-profit that is the prevailing party in a civil action brought under this subsection (d). A Grocer or non-profit may institute a civil action under this subsection (d) only if:
(1) The Grocer or non-profit has filed a complaint with the Director containing sufficient information for the Director to assess its accuracy;
(2) 90 days have passed since the filing of the complaint without the Director issuing a warning or otherwise initiating remedial action;
(3) After the 90-day period referenced in subsection (d)(2) has passed, the Grocer or non-profit has provided 30-day written notice to the Director and the City Attorney’s Office of its intent to initiate civil proceedings;
(4) By the end of the 30-day period referenced in subsection (d)(3), the City Attorney’s Office has not provided notice to the Grocer or non-profit of the City’s intent to initiate civil proceedings; and,
(5) The Grocer or non-profit has executed an agreement indemnifying and holding harmless the City in connection with the action, in a form approved by the City Attorney’s Office.
(e) Any Grocer who knowingly and willfully violates the requirements of this Chapter 27 or any rule or regulation adopted pursuant to this Chapter is guilty of a misdemeanor and upon conviction thereof is punishable by a fine of not less than $50 and not more than $500 for each day per violation, or by imprisonment in the County Jail for a period not to exceed six months, or by both such fine and imprisonment.
(f) Any Grocer in violation of this Chapter 27 or any rule or regulation adopted pursuant to this Chapter shall be liable to the City for a civil penalty in an amount not to exceed $1,000 per day per violation. Each day in which the violation continues shall constitute a separate violation. A civil penalty shall not be assessed pursuant to this subsection (f) for the same violation for which the Director assessed an administrative penalty pursuant to subsection (c).
(g) In determining the appropriate penalties, the court or the Director shall consider the extent of harm caused by the violation, the nature and persistence of the violation, the frequency of past violations, any action taken to mitigate the violation, and the financial burden to the violator.
(h) No criminal, civil, or administrative action under this Section 2705 may be brought more than four years after the date of the alleged violation, except where evidence of the violation has been hidden or was otherwise unavailable in the exercise of reasonable diligence.
(Added by Ord. 204-17, File No. 170763, App. 10/24/2017, Eff. 11/23/2017)