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When an owner fails to initiate adequate refuse collection service within 15 days of occupancy of a Dwelling or commercial property by any person, including a business entity, or fails to maintain adequate refuse collection service, the Director will evaluate the need for service and what would constitute adequate service in this context, and, where appropriate, give the Owner an order from the Director that such service or additional service is required. In determining the need for service or additional service, the Director may make use of any relevant information or evidence, including information provided by the Collector regarding the existing level of service. A copy of the Director's order will be sent to the Collector. If the Owner does not arrange with the Collector for service within 15 days from the date of mailing of the order, or request within that time a hearing before the Director to dispute a service or change of service requirement, then the Collector shall, consistent with the Director's order, initiate, maintain, or increase refuse collection service for said dwelling or commercial property.
When in the judgment of the Director additional refuse containers are required, they shall be provided by the Owner upon written notification from the Director.
The Director, in consultation with the Department of the Environment and after a public notice and hearing, may adopt forms, regulations, and guidelines to ensure the payment and collection of refuse services from any commercial property managers who fail to initiate or maintain sufficient refuse service, including standards and criteria for determining whether a Commercial property has provided for sufficient refuse service, or to otherwise implement and enforce Sections 291et seq.
The Director of Public Health, or his or her designee, may impose administrative fines for violations of Sections 291.1 and 291.2, or any rules or regulations adopted by the Director to implement and enforce Sections 291 et seq. San Francisco 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 citations issued to enforce this Chapter and any rule or regulation adopted pursuant to this Chapter; provided, however, that the Director may adopt regulations providing for lesser penalties than those provided in Administrative Code Section 100.5. Notwithstanding the foregoing, if Director delegates authority to the Department of Public Works to implement and enforce Sections 291et seq., the Department of Public Works may elect to assess, enforce, and collect administrative penalties in accordance with Section 39-1 of the Police Code.
No person who is the owner, tenant, manager, employee, contractor, or visitor of a multifamily dwelling or of a multi-tenant commercial property shall be subject to fines or penalties for failure to provide adequate refuse collection service, unless and until the Director has adopted specific regulations establishing the responsibilities of such persons under this Article.
The fine for any violation at a dwelling or commercial property which generates less than one cubic yard of refuse per week may not initially exceed $100.
In addition to any administrative penalty assessed pursuant to this Article, the Director may assess the responsible Owner the reasonable enforcement costs incurred by the City, including reasonable attorneys' fees. The imposition of enforcement costs is within the discretion of the Director.
(Added by Ord. 47-83, App. 2/4/83; amended by Ord. 100-09, File No. 081404, App. 6/23/2009; Ord. 77-11, File No. 110281, App. 5/12/2011, Eff. 6/11/2011)