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(a) The Director of the Department of the Environment may issue rules and regulations necessary or appropriate for the implementation and enforcement of this Chapter 28.
(b) If the Director determines that any person has violated this Chapter 28, or a regulation adopted pursuant to this Chapter 28, the Director shall send a written warning, as well as a copy of this Chapter 28 and any regulations adopted pursuant to it, to the person who violated the Chapter or regulation. The person shall have 30 days after receipt of the warning to correct the violation.
(c) If the person in violation fails to correct the violation, the Director may impose an administrative fine for the violation. Administrative Code Chapter 100, “Procedures Governing the Imposition of Administrative Fines,” as amended from time to time, is hereby incorporated in its entirety and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this Chapter 28 or any rule or regulation adopted pursuant to this Chapter. Each Covered Product item Sold or for Sale on each day shall constitute a separate violation for these purposes.
(d) The City Attorney 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 a violation of or compel compliance with any requirement of this Chapter 28 or any rule or regulation adopted pursuant to this Chapter 28, 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 or nonprofit organization that is the prevailing party in a civil action brought under this Chapter 28. A nonprofit organization may institute a civil action under this subsection (e) only if:
(1) The nonprofit organization has filed a complaint with the Director;
(2) 90 days have passed since the filing of the complaint;
(3) After such 90-day period, the nonprofit organization provides written notice to the Director and the City Attorney’s Office of its intent to initiate civil proceedings;
(4) The Director has not issued a determination that there has been no violation of any requirement of this Chapter 28; and
(5) The City Attorney’s Office has not provided written notice to the nonprofit organization of the City’s intent to initiate civil proceedings within 90 days of receipt of the written notice from the nonprofit organization referenced in subsection (d)(3).
(e) Any person in violation of this Chapter 28 or any rule or regulation adopted pursuant to this Chapter 28 shall be liable to the City for a civil penalty in an amount not to exceed $1,000 per day per violation. Each day on which the violation continues shall constitute a separate violation; and each Covered Product item for Sale shall also constitute a separate violation. Civil penalties shall not be assessed pursuant to this Chapter 28 for the same violation for which the Director has assessed an administrative penalty pursuant to this Chapter 28.
(f) In determining the appropriate civil or administrative penalty, 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.
(g) No civil or administrative action under this Chapter 28 may be brought more than one year after the date of the alleged violation.
(Added by Ord. 211-17, File No. 170867, App. 11/3/2017, Eff. 12/3/2017)