Administrative penalties shall be assessed and collected by the Department of Public Health as set forth in this Section 12C.12.
(a) Any Permittee, or other person otherwise subject to the requirements of this Article 12C, who violates any provision of this Article or any applicable rule or regulation shall be subject to an administrative penalty imposed by order of the Director, not to exceed $1,000. Each day or portion thereof that a violation exists constitutes a separate and distinct violation for which an administrative penalty may be imposed. In assessing the amount of the administrative penalty, the Director may consider any one or more of 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, and the willfulness of the violator’s misconduct.
(b) If the Director determines that any Permittee, or other person otherwise subject to the requirements of this Article 12C, is in violation of any provision of this Article or any applicable rule or regulation, the Director shall issue a Notice of Violation to the person. The Notice of Violation shall contain the following information: a description of circumstances or condition constituting the violation; the date by which the person must correct the violation; the amount of the administrative penalty that the Director will impose daily until such time as the person has demonstrated to the satisfaction of the Director that the violation has been corrected; and the right to seek administrative review of the Notice of Violation by filing an appeal within 30 days of the date that the Notice of Violation is served to challenge the Director’s determination and/or the proposed administrative penalty.
(c) If no request for administrative review is timely made, the right to request a hearing shall be waived, and the Director’s determination shall become final. The failure to timely request a hearing shall constitute a failure to exhaust administrative remedies and shall preclude judicial review of the validity of the enforcement action. The Director shall issue an order imposing the administrative penalties, which shall be due and payable within 15 days of the date of the order.
(d) Administrative penalties assessed by the Director 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, authorized by Administrative Code Section 10.100-193.