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(a) Complaints. Whenever a written or oral complaint is made to the Department that a nuisance as defined by Section 581 exists in a building or structure or on a property, or the Director otherwise has reasonable cause to believe that such a nuisance exists, the Director shall inspect the building, structure or property to verify the existence of a nuisance thereon.
(b) Notice of Violation. Whenever the Director determines that a nuisance, as defined by Section 581 of this Article, exists in a building or structure or on a property, the Director shall within 15 days of that determination cause a Notice of Violation to be served either personally or by first class mailing to the Responsible Parties. The Notice of Violation shall be served on the Owner by mail to the address that appears on the last assessment rolls of the City and County of San Francisco. If the Notice of Violation is served on the Manager by mail, it shall be mailed to the Manager's principal place of business or to the address of the building, structure or property. If the Notice of Violation is served on any other Person who created a condition that constitutes a nuisance, it shall be mailed to the Person's last known address at which such Person receives mail if ascertainable. Thereafter, the Director may cause a copy thereof to be posted in a conspicuous place on the building, structure or property. The failure of the Responsible Parties to receive such notice when sent in the manner set forth in this Subsection shall not affect in any manner the validity of any proceeding against that party under this Article. The Notice of violation shall be a public record subject to disclosure pursuant to Administrative Code Chapter 67.
(c) Order to Vacate. The Director may order a premises vacated if she or he determines that relocation is warranted upon discovery of a nuisance, as defined by Section 581(b)(10) of the Health Code, or at the discretion of the Director, to protect the health of occupants. A copy of the order shall be served upon the Owner and the affected tenant(s) and posted in conspicuous places at the affected premises. The order shall specify the time within which the premises is to be vacated and advise the tenants that they may be eligible for assistance pursuant to Chapter 72 of the San Francisco Administrative Code. The order shall further advise that the premise vacated hereunder shall not be reoccupied without written permission of the Director. Such permission shall be granted when the nuisance is abated.
(d) Notice to Pay Relocation Benefits. Whenever the Director determines that a nuisance, as defined by Section 581(b)(10) of this Article, exists in a building or structure or on a property, and issues a Notice of Violation, pursuant to subsection (b) of this section, and an Order to Vacate, pursuant to subsection (c) of this Section, the Director shall issue to the Responsible Party a Notice to Pay Relocation Benefits to the affected tenant(s) pursuant to Chapter 72 of the San Francisco Administrative Code. The Director shall cause a Notice to Pay Relocation Benefits to be served either on the Responsible Party or sent by first class mailing to the Responsible Parties. The Notice to Pay Relocation Benefits shall be served on the Owner by mail at the address that appears on the last assessment rolls of the City and County of San Francisco. If the Notice to Pay Relocation Benefits is served on the Manager by mail, it shall be mailed to the Manager's principal place of business or to the address of the building, structure or property. Thereafter, the Director may cause a copy thereof to be posted in a conspicuous place on the building, structure or property. The failure of Responsible Parties to receive such notice when sent in the manner set forth in this Subsection shall not affect in any manner the validity of any proceeding against that party under this Article.
(e) Contents of Notices.
(1) The Notice of Violation shall state with reasonable specificity a description of the nuisance such that the Responsible Parties can reasonably understand the nature of the nuisance to be abated. The Notice of Violation shall direct the Responsible Parties to abolish, abate, and remove the nuisance within a reasonable period of time set by the Director given the nature and severity of the nuisance and any other circumstances of which the Director is aware. The Director shall specify in the Notice of Violation the time period within which the Responsible Party must abate the nuisance. Such time period shall not exceed 30 days, unless extended by the Director if reasonably necessary to abate the nuisance.
(2) The Notice to Pay Relocation Benefits shall state the Director has determined that the affected tenant(s) are eligible for relocation benefits as described in San Francisco Administrative Code Chapter 72 such that the Responsible Parties can reasonably understand the nature of their obligations under Chapter 72. The Notice to Pay Relocation Benefits shall direct the Responsible Parties to commence making the required relocation payments to the affected tenant(s) at least 12 hours prior to the date that the affected tenant(s) must vacate the unit.
(3) The notices shall further advise the Responsible Parties that if they fail to comply with the notice, the Director may: (A) hold a Director's Hearing to be held to consider whether it would be appropriate to issue a Director's Order to abate the nuisance and other appropriate orders as provided for in this Article or (B) cause the abatement and removal of the nuisance and the Owner shall be indebted to the City and County of San Francisco for the costs, charges, and fees incurred by the City and County of San Francisco by reason of the abatement and removal of such nuisance or (C) offer relocation services to the affected tenant(s) and the Owner shall be indebted to the City and County of San Francisco for the costs, charges, and fees incurred by the City and County of San Francisco by reason of the provision of the relocation services.
(4) The notices shall inform the Responsible Party that they may be liable for other charges, costs, including administrative costs, expenses incurred by the Department, fines, attorneys' fees, and penalties as provided for in this Article.
(5) The notices shall state the name, business address and telephone number of the Department staff who may be contacted regarding the building, structure or property in question.
(6) At the discretion of the Director and to ensure lawful handling and disposal of any items constituting a nuisance in whole or in part, the notice may contain a requirement that the Responsible Party abating the nuisance or making the relocation payments submit reports of testing and inspections by an appropriate licensed professional and provide to the Director proof of lawful handling and disposal of such items or the payment of such relocations benefits, and the form of such proof acceptable to the Director.
(f) Action by the Director. If the nuisance is not abated and removed within the time period set forth in the notice, or the relocation benefits are not made within the time period set forth in the notice, the Director shall either: (1) hold a Director's Hearing in accordance with this Section or (2) abate and remove the nuisance as soon as practicable or (3) offer relocation services to the affected tenant(s). The Owner shall be assessed reinspection fees as provided in Section 609.1 of this Code to cover the Department's costs incurred to verify the abatement of the nuisance. Said violations shall not be deemed legally abated until the property owner makes full payment of the assessment of reinspection fees and late payment penalties to the Director.
(g) Notice of Hearing.
(1) If the Responsible Parties failed to comply with the Notice of Violation or the Notice to Pay Relocation Benefits, the Director may hold a hearing by serving a copy of the Notice of Violation or the Notice to Pay Relocation Benefits, together with a notice of the time and place set for the hearing thereof, by personal service or by certified mail upon the Responsible Parties. The Director shall post a copy of the Notice of Violation or the Notice to Pay Relocation Benefits, together with the Notice of Hearing in conspicuous places throughout the building, structure or property. The time fixed for the hearing shall be no more than 60 days after the deadline for abatement of the nuisance set in the Notice of Violation. In those circumstances where the Director has issued a written determination that the nuisance constitutes a severe and immediate hazard to life, health or safety, the time fixed for the hearing shall not be less than 12 hours after personal service and posting the Notice of Hearing. The Notice of Hearing shall inform all persons interested to appear at the hearing to show cause, if any, why the building, structure, or property should not be declared a nuisance or in the case where the Department has abated and removed the nuisance, why a lien should not be placed against the property for the costs incurred by the Department. The Notice of Hearing shall also state whether the Department will seek recovery of attorneys' fees for the hearing. In the case of unsanitary buildings, said notice shall also state that the hearing may result in the revocation of the certificate of sanitation, if any, and the mandatory vacation of occupants from the building.
(2) The Notice of Hearing shall be served by personal service or by certified mail on the Owner at the address as it appears on the last assessment rolls of the City and County of San Francisco. If the Notice is served by certified mail on the Manager, the Director shall mail the Notice of Hearing to the Manager's principal place of business, if any, or to the address of the building, structure or property in question. If the Notice of Hearing is served by certified mail on any Person who created the condition that constitutes a nuisance, the Director shall mail the Notice of Hearing to the last known address of such Person at which it receives mail, if ascertainable. The person serving the Notice of Hearing shall complete a declaration under penalty of perjury, certifying the date and manner in which such Notice of Hearing was given, and the Director shall retain the certified mail receipt card, if any, for the Notice of Hearing. The failure of the Responsible Parties or Owner to receive such notice when sent in the manner set forth in this Subsection shall not affect in any manner the validity of any proceeding under this Article.
(h) Director's Hearing. A public hearing shall be held at the time and place designated in the Notice of Hearing. Subject to the procedures prescribed by the Director for the orderly conduct of the hearing, all persons having an interest in the building, structure or property in question or having knowledge of facts material to the Notice of Violation or the Notice to Pay Relocation Benefits may present evidence for consideration by the Director. Any hearing conducted pursuant to this Section shall be electronically recorded. The Director may elect to seek recovery of attorneys' fees by stating this intent in the Notice of Hearing. In a case where the Director makes this election, the prevailing party shall be entitled to recover reasonable attorneys' fees.
(i) Director's Order.
(1) Within 30 days after the conclusion of the hearing, the Director shall issue a written order setting forth finding of facts and a determination based upon the facts found in the record whether or not a nuisance, as defined by Section 581, exists or had existed in the building or structure or on the property and if the Department abated and removed the nuisance, the costs of abatement and removal of the nuisance by the Department, or a written order setting forth finding of facts and determination based upon the facts found in the record whether or not the relocation benefits have been paid and if the Department arranged for the relocation of the affected tenant(s), the costs of that relocation to the Department. The order shall be served on the Responsible Parties, including but not limited to the Owner, in the same manner as set forth in Subsection (b) of this Section and shall be served on all other parties who provided testimony at the hearing by first class mail if such parties request at or before the hearing that the order be sent to them.
(2) Upon a finding that a nuisance exists in the building or structure or on the property, or a finding that appropriate relocation benefits have not been paid, the Director shall require in the order the abatement of the nuisance or the payment of the benefits within a specified time period not to exceed 30 days, unless extended by the Director if reasonably necessary to abate the nuisance. The time period shall be determined based on the nature and severity of the nuisance and any other circumstances of which the Director is aware. The order shall state either that, failure to abate and remove the nuisance will result in the abatement of the nuisance by the Department and that the Owner shall become indebted to the City and County of San Francisco for the costs, charges, and fees incurred by reason of the abatement and removal of such nuisance upon demand, or that failure to make the relocation benefit payments will result in the offering of relocation services to the affected tenant(s) by the Department and that the Owner shall become indebted to the City and County of San Francisco for the costs, charges, and fees incurred by reason of the making such relocation services available upon demand. The order shall inform the Responsible Parties that it shall be indebted to the City and County of San Francisco for all administrative costs, including attorneys' fees if sought by the Director in the Notice of Hearing, incurred by the Department in the prosecution of the abatement action or the prosecution of the relocation benefit payment action and that such costs are due upon demand. The order shall further state that failure to pay such costs, charges, and fees may result in a lien against the property. The order shall require the Responsible Parties to abate and remove the nuisance in compliance with all applicable laws and regulations or shall require the Responsible Parties to make the relocation benefit payments in compliance with all applicable laws.
(3) In the case where Director determines that a nuisance had existed and that the Department had abated and removed the nuisance, or where the Director determines that the relocation benefits were owed to the affected tenant(s) and the Director provided relocation services to the affected tenant(s), the order shall itemize the costs of abatement and removal or provision of relocation services and all administrative costs incurred by the Department. The order shall notify the Owner that a lien will be assessed against the property for any outstanding costs if the Owner fails to reimburse the Department for the costs incurred by the Department as a result of the abatement and removal of the nuisance or the provision of relocation services within ten (10) days of the service of the order and that the lien shall also include additional charges for administrative expenses of $1,000 or 10 percent of the costs of abatement and removal, whichever is higher, and interest at a rate of 1½ percent per month, or fraction thereof, compounded monthly from the date of recordation of the lien on all fees and charges due as aforesaid.
(4) The order shall advise the Responsible Parties that the order issued is final and of their right to petition the Superior Court of San Francisco for appropriate relief pursuant to Section 1094.6 of the California Code of Civil Procedures. The order shall notify the Owner that the filing of a petition with the Superior Court shall not automatically stay the effectiveness of the order or extend the time period in which the Responsible Parties have to abate the nuisance.
(5) The order shall provide for the recovery of reasonable attorneys' fees for the prevailing party for those proceedings in which the Director has sought to recover attorneys' fees.
(6) In case of an unsanitary building, the Director shall revoke the certification of sanitation if the building is a hotel and may order the vacation of any unsanitary building for all purposes, and shall cause a copy of said order to be posted in conspicuous places throughout the aforesaid structure, building or part thereof determined by the Director to be a nuisance, and a copy thereof is to be personally served upon the Owner thereof or his agent, or the lessee or the occupant thereof. The order shall specify the time within which said structure, building or part thereof determined by the Director to be a nuisance shall be vacated. The order shall further advise that structure, building or part thereof vacated hereunder shall not be reoccupied without the written permission of the Director. Such permission shall be granted when the nuisance cited is abated within the time set forth in the order.
(j) Regulations. The Director is hereby empowered to promulgate administrative regulations, after a noticed public hearing, to implement the provisions of this Article and applicable provisions of State law. Such rules and regulations shall take effect 30 days after the public hearing. Violation of any such rule or regulation and any existing rules or regulations promulgated pursuant to this Article constitute a nuisance and may be grounds for administrative, civil, or criminal action against the Responsible Party. The Department shall base its forms for a Notice of Violation and a Notice of Hearing on the model forms developed by the City Administrator, although the Department may modify the model forms to meet its own operational needs.
(Amended by Ord. 510-84, App. 12/21/84; Ord. 125-01, File No. 010269, App. 6/15/2001; Ord. 99-04, File No. 031992, App. 6/4/2004; Ord. 299-10, File No. 101062, App. 12/3/2010; Ord. 60-16
, File No. 151085, App. 4/27/2016, Eff. 5/27/2016, Oper. 6/1/2016)
(a) This section provides for administrative citations, which are an alternative to the administrative procedure set forth in Section 596. The Director shall provide the Responsible Party a reasonable period of time to correct or otherwise remedy the violation before imposing administrative fines under this Section, unless the violation creates an immediate danger to health or safety. The Director shall specify in a written notice the time period within which the Responsible Party must abate the nuisance under this Section.
(b) 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 Article and any rule or regulation adopted pursuant to this Article; provided, however, that:
(1) Each day a violation is committed or permitted to continue shall constitute a separate violation;
(2) The Director of Public Health shall appoint the hearing officer to conduct hearings for appeals;
(3) The fine for any violation issued pursuant to this section shall be paid to the Treasurer of the City and County of San Francisco and credited to the Public Health Environmental Health Code Compliance Fund;
(4) The Director may recover any costs and fees, including but not limited to attorneys' fees, for enforcement initiated through this Section and authorized under this Article.
(Added by Ord. 299-10, File No. 101062, App. 12/3/2010)
Any Owner, or the agent of such Owner, or the lessee, or the occupant of any building, structure, property or part thereof ordered vacated hereunder who shall herself or himself or through others forcibly resist or prevent the enforcement of such order shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than $100, and not more than $1,000, or by imprisonment in the County Jail for a period of not less than 10 days nor more than three months, or by both such fine and imprisonment.
(Amended by Ord. 125-01, File No. 010269, App. 6/15/2001)
(a) Notice of Cost and Claim of Lien.
(1) Upon satisfactory compliance with the Director's order, the Director shall ascertain the administrative costs incurred by the Department and the Owner of such real property shall thereupon be obligated to the City and County of San Francisco in the amount of such administrative costs. The term "administrative costs" shall include attorneys' fees for those cases in which such fees have been awarded to the Department under this Article. The City and County of San Francisco shall thereupon have a lien for such costs, upon such real property until payment thereof, which lien shall also include additional charges for administrative expenses of $1,000, or 10 percent of the costs of abatement and removal, whichever is higher, and interest at a rate of 1½ percent per month, or fraction thereof, compounded monthly from the date of recordation of the lien on all fees and charges due as aforesaid. The Director shall cause a notice itemizing the administrative costs to be mailed in the manner herein provided for mailing Notice of Hearing, which notice shall demand payment thereof to the Department, and shall give notice of claim of such lien and of the recording of the same, in the event such amount is not paid, as hereinafter set forth.
(2) Upon the Responsible Parties' failure to comply with the Director's order and the completion of the abatement and removal of the nuisance by the Department, the Director shall, in addition to ascertaining the administrative costs as set forth in subparagraph (1) of this Section, ascertain the costs of abatement and removal incurred by the City and the Owner of such real property shall thereupon be obligated to the City and County of San Francisco in the amount of such costs of abatement and removal. In addition to the lien provided for in subparagraph (1) of this Section, the City and County of San Francisco shall have a lien for such costs of abatement and removal upon such real property until payment thereof, which lien shall also include additional charges for administrative expenses of $1,000, or 10 percent of the costs of abatement and removal, whichever is higher, and interest at a rate of 1½ percent per month, or fraction thereof, compounded monthly from the date of recordation of the lien on all fees and charges due as aforesaid. The Director shall cause a notice itemizing the cost of abatement and removal to be mailed in the manner herein provided for mailing Notice of Hearing, which notice shall demand payment thereof to the Department, and shall give notice of claim of such lien and of the recording of the same, in the event such amount is not paid, as hereinafter set forth.
(b) Recording of Lien. If the costs as provided for in subsection (a) of this Section are not paid to the Department within 45 days after mailing of notice thereof, the Director shall file in the Office of the Recorder of the City and County a verified claim containing a particular description of the property subject to such lien, the place and general nature of the administrative costs and of the abatement and removal for which the lien is claimed, the date of posting of said property, the date of the service of Notice of Violation and the Director's order, and the date of the removal of the nuisance, the name of the Owner of the property as aforesaid and the amount of the lien claimed, which shall include the cost of verification and filing thereof.
(c) Collection by Bureau of Delinquent Revenue. The Director shall also transmit to the Bureau of Delinquent Revenue, on the expiration of such 45-day period, a statement of each such unpaid costs, together with the cost of verification and filing and claim therefor. The bureau shall endeavor diligently to collect the same on behalf of the City and County by foreclosure of the lien therefor or otherwise. Any and all amounts paid or collected shall replenish the revolving fund hereinafter provided.
(d) Release of Lien. On payment of any such claim of lien, the Director shall give a release thereof.
(e) Continuing Appropriation Account. There is hereby created a Special Revenue Fund for a continuing appropriation account entitled "Payment of Property Owner's Delinquencies for Abatement and Removal of Nuisances."
The account shall be credited with such sums as may be appropriate by the Board of Supervisors, amounts collected by the Department and sums received in consideration of release of liens and payment of special assessments. Expenditures from said sums shall be made to pay for the abatement and removal of nuisances as provided in this Article. In the event that the unexpended balance in said account shall exceed $200,000 such excess shall be transferred to the unappropriated balance of the general fund.
(f) Collection of Expenses as a Special Assessment. The Director may initiate proceedings to make unpaid expenses for the administration of the abatement action and for the abatement and removal of nuisances a special assessment against the parcels of property from which the nuisance was abated and removed by the Department.
(g) Report of Delinquencies Transmitted to Board of Supervisors. A report of delinquent charges shall be transmitted to the Board of Supervisors by the Director as necessary, but in no event less often than once each year, commencing with the first anniversary of the date of enactment of this ordinance. Upon receipt by the Board of Supervisors of the report, it shall fix a time, date and place for hearing the report and any protests or objections thereto.
(h) Notice of Hearing. The Board of Supervisors shall cause notice of the hearing to be mailed to the Owner of the real property and any person or entity with a recorded interest in the property to which the service was rendered not less than 10 days prior to the date of hearing.
(i) Hearing. At the time for consideration of the report, the Board of Supervisors shall hear it with any objections of the Owners liable to be assessed for all administrative costs incurred and the costs of abatement and removal by the Director, if any. The Board of Supervisors may make such revisions, corrections or modifications of the report as it may deem just and, in the event that the Board of Supervisors is satisfied with the correctness of the report (as submitted or as revised, corrected or modified), it shall be confirmed or rejected by resolution. The decision of the Board of Supervisors on the report and on all protests or objections thereto shall be final and conclusive.
(j) Collection of Assessment. Upon confirmation of the report by the Board of Supervisors, the delinquent charges contained therein shall constitute a special assessment against the property to which the services were rendered. At the time the special assessment is imposed, the Director shall give notice to the Owner and other parties with an interest in the property by certified mail, and shall inform them that the property may be sold by the Tax Collector for unpaid delinquent assessments after three-years. Thereafter, said assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected and shall be subject to the same penalties and same procedure of sale as provided for delinquent, ordinary municipal taxes.
The assessments shall be subordinate to all existing special assessment liens previously imposed upon the property and paramount to all other liens except those for Stats, county and municipal taxes with which it shall be on parity. Such assessment lien shall continue until the assessment and all interest and penalties due and payable thereon are paid. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to said special assessments. However, if any real property to which the costs of abatement and removal relates has been transferred or conveyed to a bona fide purchaser for value or if a lien of a bona fide encumbrance for value has been created and attaches thereon, prior to the date on which the first installment of taxes would become delinquent, then the costs of abatement and removal shall not result in a lien against the real property but instead shall be transferred to the unsecured roll for collection.
(k) Severability. If any part or provision of this Article or application thereof, to any person or circumstance is held invalid, the remainder of the ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end the provisions of this ordinance are severable.
(Amended by Ord. 432-81, App. 8/21/81; Ord. 125-01, File No. 010269, App. 6/15/2001; Ord. 299-10, File No. 101062, App. 12/3/2010)
(a) Criminal Penalty. In addition to any other penalties provided in this Article, any person, or their agents, violating any of the provisions of this Article, or failing to comply with any direction or order of the Director given pursuant to the provisions of this Article, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $100 and not more than $1000, or by imprisonment if the County Jail for a period of not less than 10 days nor more than three months, or by both such fine and imprisonment.
(b) Civil Penalty.
(1) City Attorney Referral. The Director may refer a case to the City Attorney's Office for civil enforcement at any time.
(2) Presumption of Noncompliance with Order. In addition to any other penalties provided in this Article, any person or entity served with a notice or order by the Director setting forth the nature of the violation of this Article, demanding correction of such violation, and specifying the time within which such violation must be corrected, shall be presumed, in subsequent civil proceedings, to have failed to comply with that notice or order at and after the time given in that notice or order for correction of such violation, after the time period specified in the notice or order has expired without correction of that violation.
(3) Penalty Amounts. Any person or entity violating this Article shall be liable for a civil penalty of up to $1,000 per violation for each day such violation is committed or permitted to continue, which penalty shall be assessed and recovered in a civil action brought in the name of the people of the City and County of San Francisco by the City Attorney in any court of competent jurisdiction If a Responsible Party corrects a violation within the period specified in the Notice of Violation under Section 596(e)(1), the Court shall not award civil penalties for that violation under this Section provided that the Director has not cited the Responsible Party for the same type of violation at the same property more than twice in a 12-month period.
(4) Setting Civil Penalty. 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 penalty assessed and recovered in an action brought pursuant to this paragraph shall be paid to the City and credited to the Public Health Environmental Health Code Compliance Fund for use in enforcement and prevention of violations of this Article. In addition, such violations will not be deemed legally abated until the property owner makes full payment of the assessment of costs and fees awarded to the City under this Article or any applicable State law.
(5) Cost Recovery. In any civil proceeding filed by the City Attorney to collect civil penalties, the Court may award the Department the costs and fees, including but not limited to attorneys' fees, authorized under this Article.
(c) Administrative Penalty.
(1) Penalty Amounts. As an alternative to any other fines and penalties applicable to a violation of Section 581(b), any person who violates one or more of those subparagraphs shall be subject to an administrative penalty not to exceed $1,000 for each violation, for each day such violation occurs. The administrative penalty shall be assessed, enforced and collected under Section 596 of this Article. If a Responsible Party corrects a violation within the period specified in the Notice of Violation under Section 596(e)(1), the Hearing Officer shall not award administrative penalties for that violation under this Section provided that the Director has not cited the Responsible Party for the same type of violation at the same property more than twice in a 12-month period.
(2) Setting Administrative Penalty. In setting the amount of the administrative penalty, the hearing officer 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 penalty assessed and recovered in an action brought pursuant to this paragraph shall be paid to the City and credited to the Public Health Environmental Health Code Compliance Fund for use in enforcement and prevention of violations of this Article. In addition, such violations will not be deemed legally abated until the property owner makes full payment of the assessment of costs and fees awarded to the City under this Article or any applicable State law.
(3) Cost Recovery. In any civil proceeding filed by the City Attorney to collect administrative penalties, the Court may award the Department the costs and fees, including but not limited to attorneys' fees, authorized under this Article. Any administrative penalty assessed and recovered pursuant to this paragraph shall be paid to the City Treasurer and credited to the Public Health Environmental Health Code Compliance Fund for use in enforcement and prevention of violations of this Article.
(d) Remedies under this Article 11 are non-exclusive, and the City Attorney may institute civil proceedings for injunctive and monetary relief, including civil penalties, against any person for violations of the Health Code under any circumstances, without regard to whether a complaint has been filed or the Director has issued a Notice of Violation or an order to abate a nuisance under Section 596(i).
(Amended by Ord. 125-01, File No. 010269, App. 6/15/2001; Ord. 87-03, File No. 030482, App. 5/9/2003; Ord. 292-04, File No. 040561, App. 12/24/2004; Ord. 299-10, File No. 101062, App. 12/3/2010; Ord. 60-16
, File No. 151085, App. 4/27/2016, Eff. 5/27/2016, Oper. 6/1/2016)
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