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In addition to the penalties described in Section 3513, the Director may suspend or revoke any Certificate of Registration if the Director finds:
(1) The Biological Agent Detector User has violated any of the provisions of this Article;
(2) The application contains a material false statement;
(3) The Biological Agent Detector for which a Certificate was issued does not comply with any of the provisions of this Article or rules and regulations promulgated hereunder;
(4) The Biological Agent Detector User has refused to permit any City inspector to inspect the premises or the Biological Agent Detector therein;
(5) The Biological Agent Detector User refuses to produce the Certificate of Registration upon request by a City inspector;
(6) The Biological Agent Detector User or his or her authorized employees or agents have failed to comply with the instructions of any City Director or cooperate in any investigation relating to the Certificate of Registration or the Biological Agent Detector for which a Certificate of Registration was issued;
(7) The Biological Agent Detector has more than two false alarms within a 12-month period; or,
(8) For good cause.
(a) If the Director revokes or suspends a Certificate of Registration, assesses a penalty, or denies the issuance, renewal or reinstatement of a Certificate of Registration, the Director shall send written notice of the action and a statement of the right to an appeal to either the affected applicant or Biological Agent Detector User.
(b) The applicant or Biological Agent Detector User may appeal the decision of the Director as follows:
(1) The applicant or Biological Agent Detector User may file a written request for a review by paying an appeal fee of $180 and setting forth the reasons for the appeal within 20 business days notice of the Director's decision. The Person filing the appeal must also deposit with the Tax Collector the full amount of any penalty imposed, plus any accrued interest and costs. Appeal fees, and any other amount deposited with the Tax Collector, will be returned to the appealing applicant or Biological Agent Detector User if the appeal is upheld.
(2) The Director may grant, but not deny, the appeal based upon an initial review of the appellant's written submission, as well as any other pertinent information.
(3) If, after his or her initial review, the Director does not grant the appeal or determines that a hearing is appropriate or necessary, the Director shall appoint a hearing officer to conduct a formal hearing within 30 days of the receipt of the request and consider the evidence submitted by any interested Person(s). The hearing officer shall not be an employee whose regular duties include administration or enforcement of this Article. The hearing officer shall make his or her decision affirming or reversing the decision of the Director on the basis of the preponderance of evidence presented at the hearing, and must render the decision within 30 days after the date of the hearing.
(c) Filing of a request for appeal shall stay the action by the Director revoking or suspending the Certificate of Registration or requiring payment of a penalty, until the appeal is complete. If a request for appeal is not made within the 20 business day period, the Director's decision is final.
A Person whose Certificate of Registration has been revoked or suspended may, at the
discretion of the Director, have the Certificate of Registration reinstated if the Person:
(1) In the case of revocation, submits a new application and pays a reinstatement fee equal to one-half of the certificate renewal fee;
(2) Pays, or otherwise resolves, all outstanding fees and penalties; and,
(3) Submits a certification from a Biological Agent Detector installation company, stating that the detector system has been inspected and repaired (if necessary) by the alarm installation company.
(Added by Ord. 211-11, File No. 110348, App. 11/3/2011, Eff. 12/3/2011)
(a) All final costs, fees, and administrative or civil penalties assessed against a Person for violations of this Article shall be an obligation owed to the City by the Person found to have violated this Article, and the owner of the property where the violation occurred, provided that both have been given adequate notice of the alleged violation(s). Such obligation may be collected by means of the imposition of a lien against the property of the owner of the property or the Person against whom the final administrative or civil penalty was assessed. The City shall mail to the owner of the property and to the Person against whom the final amount was assessed (if different from the owner of the property) a notice of the amounts due and a warning that lien proceedings will be initiated against the property if the amounts are not paid within 30 days after the notice is mailed.
(b) Liens shall be created and assessed in accordance with Article XX of Chapter 10 of the San Francisco Administrative Code (commencing with Section 10.230).
The Director, after a noticed public hearing, may adopt rules and regulations to carry out the provisions of this Article. Such rules and regulations shall take effect 15 days after the public hearing. Violation of any such rule or regulation may be grounds for administrative or civil action against the permittee pursuant to this Article.
Issuance of a Certificate of Registration is not intended to, nor will it, create a duty or obligation, either expressed or implied, of response. Nor will issuance of a Certificate of Registration guarantee the safety of an emergency response plan. Any and all liability and consequential damage resulting from the failure to respond to a Biological Agent Detector or the implementation of an emergency response plan is hereby disclaimed and governmental immunity as provided by law is retained. By applying for a Certificate of Registration, the applicant acknowledges that the Director, law enforcement, or any other City director response may be influenced by factors such as the availability of Personnel, priority of calls, weather conditions, traffic conditions, emergency conditions, staffing levels and prior response history.
In undertaking the adoption and enforcement of this Article, the City and County is assuming an undertaking only to promote the general welfare. The City does not intend to impose the type of obligation that would allow a Person to sue for money damages for an injury that the Person claims to suffer as a result of a City officer or employee taking or failing to take an action with respect to any matter covered by this Article.
Nothing in this Article shall be interpreted or applied so as to create any power, duty or obligation in conflict with, or preempted by, any Federal or State law.
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