112.4.3.4. Allocation of Administrative Hearing Fees.

   All administrative hearing and reinspection fees, including late payment fees, shall be payable to the Fire Department and upon receipt by the Department, these associated revenues shall be deposited in a designated Bureau of Fire Prevention project account to support expenditures related to community outreach, internal fire prevention personnel training, and other fire safety education and prevention programs.

112.4.4. Civil Action and Penalties.

   Any person violating this code, or who violates, disobeys, omits, neglects or refuses to comply with any notice of violation or decision and order under this code, shall be liable for a civil penalty of up to $1,000 for each day the violation is committed or permitted to continue, in addition to attorney’s fees and costs, which penalty shall be assessed and recovered in a civil action brought by the City and County of San Francisco in any court of competent jurisdiction. In assessing the amount of the civil penalty, the court shall consider any one or more of the relevant circumstances presented by any of the parties to the case, including but not limited to, the following: the nature and seriousness of the misconduct, the number of violations, the persistence of the misconduct, the length of time over which the misconduct occurred, the willfulness of the defendant’s misconduct, and the defendant’s assets, liabilities and net worth. Any penalties imposed pursuant to this section shall be paid to the City other remedies provided by law.1 No provision in this section shall preclude prosecution of actions for criminal penalties concurrently, sequentially, or individually.

CODIFICATION NOTE

1.   So in Ord. 248-22.

112.4.4.1. Allocation of Civil Penalty Fines.

   All fines and late payment fees shall be payable to the Fire Department and upon receipt by the Department, these associated revenues shall be deposited in a designated Bureau of Fire Prevention project account to support expenditures related to community outreach, internal fire prevention personnel training, and other fire safety education and prevention programs.

112.4.5. Presumption of Noncompliance.

   Notwithstanding any other provision of this code, any person served with a notice of violation that sets a date to correct the violations shall be presumed, in civil proceedings, to have failed to comply with that notice of violation if the date to correct the violation has passed without correction of the violation.

112.5. Administrative Citations.

   Violations of this code may be punishable by administrative citation. Chapter 100 of the San Francisco Administrative Code is herein incorporated in its entirety and shall govern the amount of fees and the procedure for imposition, enforcement, collection and administrative review of administrative citations under this section, except that the amount of the penalties for the code sections set in Section 112.5.2 shall be the amount specified in that section, and all fines shall be allocated as specified in Section 112.5.3.

112.5.1. City Employees Who May Issue Administrative Citations.

   The City employees specified in Section 112.7 may issue administrative citations for any violation of this code.

112.5.2. Fines for Administrative Citations for Specific Code Violations.

   The fine for violation of Sections 105.1.1, 109.6, 113.4, 901.8 and 1032.2 shall be $1000.

112.5.3. Allocation of Administrative Citation Fines.

   All administrative citation fines and late payment fees shall be payable to the Fire Department and upon receipt by the Department, these associated revenues shall be deposited in a designated Bureau of Fire Prevention project account to support expenditures related to community outreach, internal fire prevention personnel training, and other fire safety education and prevention programs.