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(a) Enforcement. Biological Agent Detector Users who violate this Article or any regulations enacted under Section 3519 shall be liable for administrative or civil penalties. The Director may assess administrative penalties following an administrative hearing. Civil penalties may 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.
(b) False Alarm Penalty. A Biological Agent Detector User shall pay penalties for each False Alarm as follows:
First False Alarm: Up to $5,000.
Second False Alarm: Up to $7,500.
Third And Each Subsequent False Alarm: Up to $10,000.
(c) Other Violations. Any Person who violates any other provision of this Article or any rule or regulation promulgated pursuant to this Article may be subject to an administrative or civil penalty of up to $500 per day of violation.
(d) Factors For Setting Penalty. In assessing the amount of the administrative or civil penalty, the Director or 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.
(e) Presumption of Noncompliance in Civil Cases. 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 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 specified in the order has expired without correction of the violation.
(f) In any civil or administrative proceeding to collect penalties under this Article, the Court or Hearing Officer may award the City costs and fees, including but not limited to attorneys' fees.
(Added by Ord. 211-11, File No. 110348, App. 11/3/2011, Eff. 12/3/2011)