(a) Criminal Penalties.
(1) Any person or business that wilfully prevents, interferes with, or attempts to impede the enforcement of this Article by any authorized representative of the Director is, upon conviction, guilty of a misdemeanor.
(2) Any person or business which violates Section 1151(a) shall, upon conviction, be punished by a fine of not more than $25,000 for each day of violation, or by imprisonment in the County Jail for not more than one year, or by both fine and imprisonment. If the conviction is for a violation committed after a first conviction under this Section, the person or business shall be punished by a fine of not less than $2,000 or more than $50,000 per day of violation, or by imprisonment in the State Prison for 16, 20, or 24 months or in the County Jail for not more than one year, or by both fine and imprisonment.
(3) Any person subject to the underground storage tank requirements of Chapter 6.7 of California Health and Safety Code (commencing with Section 25280) who falsifies any monitoring records required by that chapter or this Article, or knowingly fails to report an unauthorized release as required by that chapter and Section 1151(b), shall, upon conviction, be punished by a fine of not less than $5,000 or more than $10,000, by imprisonment in the County Jail for not to exceed one year, or by both fine and imprisonment.
(4) Any person or business who violates Section 1150 shall, upon conviction, be guilty of a misdemeanor or an infraction. If charged as an infraction, upon conviction, said person or business shall be punishable by a fine in an amount not to exceed $250. If charged as a misdemeanor, upon conviction, said person or business shall be punished by imprisonment in the County Jail not exceeding six months or a fine not exceeding $500, or both. Each day each violation is committed or permitted to continue shall constitute a separate offense. In addition to any peace officer, the following classes of employees of the City and County of San Francisco shall have the authority to enforce the provisions of this subsection:
Class Number | Class Title |
Class Number | Class Title |
6120 | Environmental Health Inspector |
6122 | Senior Environmental HealthInspector |
6124 | Principal Environmental Health Inspector |
6137 | Assistant Industrial Hygienist |
6138 | Industrial Hygienist |
6139 | Senior Industrial Hygienist |
6140 | Hazardous Materials Program Manager |
6126 | Director, Environmental Health Section |
6281 | Fire Safety Inspector II |
H-4 | Fire Inspector |
1372 | Special Assistant, Environment Health Section |
(b) Civil Penalties.
(1) Any business or person which violates the requirements of Division II of this Article or fails to permit an inspection required pursuant to this Article shall be civilly liable to the City in an amount of not more than $2,000 for each day in which the violation occurs.
(2) Any business or person which knowingly violates the requirements of Division II of this Article or fails to permit an inspection required pursuant to this Article after reasonable notice of the violation shall be civilly liable to the City in an amount not to exceed $5,000 for each day in which the violation occurs.
(3) Any owner of an underground storage tank who commits any of the violations listed in Section 1130(d) and (f) and any operator of an underground storage tank who commits any of the violations listed in Section 1130(d), (e) and (f) shall be civilly liable to the City in an amount not less than $500 or more than $5,000 for each underground storage tank for each day of violation.
(4) Any person who violates any requirements of Articles 3 and 4 of Chapter 6.75 of the California Health and Safety Code, (commencing with Section 25299.30) shall be civilly liable to the City in the amount of not more than $10,000 for each underground storage tank for each day of violation.
(c) Administrative Civil Penalties.
(1) Notwithstanding Subsection (b), any person or business who violates this Article is civilly liable to the Department for an administrative civil penalty, in an amount not to exceed $2,000 for each day in which the violation occurs. If the violation results in, or significantly contributes to, a release or threatened release of any hazardous material, any fire, or any health or medical problem requiring toxicological, health, or medical consultation, the business shall also be assessed the full cost of the City emergency response, as well as the cost of cleaning up and disposing of the hazardous materials.
(2) Notwithstanding Subsection (b), any person or business who knowingly violates this Article after reasonable notice of the violation is civilly liable to the Director for an administrative penalty, in an amount not to exceed $5,000 for each day in which the violation occurs.
(3) An administrative civil penalty shall not be recoverable pursuant to this subsection and Subsection (b) for the same violation.
(d) The court in determining civil and criminal penalties and the Director in determining administrative civil penalties imposed pursuant to this Article shall consider the extent of harm caused by the violation, the nature and persistence of the violation, the length of time over which the violation occurs, the frequency of past violations, any action taken to mitigate the violation, and the financial burden to the violator.
(e) Apportionment of Penalties.
(1) Criminal and civil penalties collected pursuant to Subsections (a)(2) and (b)(1) and (2) shall be apportioned consistent with the provisions of Sections 25515.2 and 25517 of the California Health and Safety Code.
(2) Administrative civil penalties collected pursuant to Subsection (c) shall be apportioned consistent with the provisions of Sections 25514.5(g) and (h) of the California Health and Safety Code.
(Added by Ord. 164- 92, App. 6/10/92; amended by Ord. 399-97, App. 10/17/97)