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(a) Any person who fails to comply with an order from the Director under this Article shall be guilty of a misdemeanor. Each violation shall be considered a separate misdemeanor punishable by a fine not exceeding $1,000, or imprisonment not to exceed six months in the County Jail, or both.
(b) The court, in determining criminal penalties, shall consider the extent of harm caused by the violation(s) to the order, the nature and persistence of the violation(s), the length of time over which the violation(s) occur(s), the frequency of past violations, any action taken to mitigate the violation, the financial burden to the violator, and such other factors as deemed relevant and material.
(Added by Ord. 409-96, App. 10/21/96)
DIVISION XI
IMPLEMENTATION
IMPLEMENTATION
(a) In undertaking the enforcement of this ordinance, the City and County of San Francisco is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury.
(b) Subject to the limitations of due process, notwithstanding any other provision of this Code whenever the words "shall" or "must" are used in establishing a responsibility or duty of the City, its elected or appointed officers, employees, or agents, it is the legislative intent that such words establish a discretionary responsibility or duty requiring the exercise of judgment and discretion.
(Added by Ord. 376-92, App. 12/23/92; amended by Ord. 409-96, App. 10/21/96)
If any section, subsection, paragraph, subparagraph, sentence, clause or phrase of this Article is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Article. The Board of Supervisors declares that it would have passed each section, subsection, paragraph, subparagraph, sentence, clause or phrase of this Article irrespective of the fact that any portion of this Article could be declared unconstitutional, invalid or ineffective.
(Added by Ord. 376-92, App. 12/23/92; amended by Ord. 409-96, App. 10/21/96)