(a) Criminal Penalties. Any person who knowingly and willfully violates the requirements of this Article, or any final and non-appealable order issued by the Department is guilty of a misdemeanor and upon conviction thereof is punishable by a fine of not less than fifty dollars ($50) and not more than five hundred ($500) for each day per violation, or by imprisonment in the County Jail for a period not to exceed six (6) months, or by both such fine and imprisonment.
(b) Civil Penalties. Any person in violation of this Article or any final and non-appealable order issued by the Department shall be liable to the City and County of San Francisco for a civil penalty in an amount not to exceed one thousand dollars ($1,000) per day per violation. Each day in which the violation continues shall constitute a separate and distinct violation.
(c) Administrative Penalties. The Department may issue to any person an administrative complaint, approved as to form by the City Attorney, for violating this Article or any final and non-appealable order issued by the Department. The administrative complaint shall allege acts or omissions that constitute a violation and the amount of the proposed administration penalty sought. Such administrative penalty shall be in an amount not to exceed one thousand ($1,000) per day per violation. Each day in which the violation continues shall constitute a separate and distinct violation.
(d) Non-Duplication of Penalty Assessment. Civil penalties shall not be assessed pursuant to Subsection (b) for same violations for which the Department assessed an administrative penalty pursuant to Subsection (c).
(e) Factors Considered. In determine the appropriate penalties, the court, 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.
(Added by Ord. 113-05, File No. 050547, App. 6/10/2005)