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(a) A communications services provider or occupant of a multiple occupancy building where the property owner has refused to allow the communications services provider to provide service may institute a civil proceeding to enforce this Article 52 in San Francisco Superior Court against such property owner for injunctive and monetary relief.
(b) Prior to filing a civil proceeding in accordance with subsection (a), the communications services provider or occupant shall: (1) comply with the notice requirements contained in Section 5209 of this Article 52, and (2) notify the City Attorney in writing of its intent to proceed against a property owner.
(c) Subject to subsection (d), a communications services provider or occupant that has complied with subsection (b) may commence such a proceeding 30 days after notice was sent to the City Attorney.
(d) If the City Attorney institutes a civil proceeding against the property owner before or during the 30-day notice period, then no communications services provider or occupant may file a proceeding under subsection (a). If the City Attorney institutes a civil proceeding after the 30-day notice period has elapsed, any communications services provider or occupant that provides the notice required under subsection (b) may file a separate civil proceeding.
(e) The City Attorney shall notify any person submitting a notice under subsection (b) that the City Attorney has instituted a civil proceeding or decided not to institute a civil proceeding.
(Added by Ord. 250-16, File No. 161110, App. 12/22/2016, Eff. 1/21/2017)
(a) A court may award reasonable attorneys’ fees and costs to the City if it obtains injunctive relief under Section 5210 of this Article 52 or to any person who obtains injunctive and monetary relief under Section 5211 of this Article.
(b) If a court finds that any action brought under this Article 52 is frivolous, the court may award the property owner reasonable attorneys’ fees and costs.
(c) If a proceeding brought against a property owner under this Article 52 concerns a multiple occupancy building that contains fewer than 25,000 square feet of space available for occupants to rent or own, the attorneys’ fees and costs recoverable against the property owner pursuant to subsection (a), or recoverable against a person commencing the action pursuant to subsection (b), shall be limited to $5,000.
(Added by Ord. 250-16, File No. 161110, App. 12/22/2016, Eff. 1/21/2017)
(a) Any property owner that violates this Article 52 may be liable for a civil penalty not to exceed $500 for each day such violation is committed or continues. Such penalty shall be assessed and recovered in a civil action brought in the name of the people of the City by the City Attorney.
(b) In assessing the amount of a civil penalty, a court may consider any of the relevant circumstances, including, but not limited to, the following:
(1) The number of occupants affected by the violation;
(2) The number of communications services providers affected by the violation;
(3) Whether the property owner has violated this Article 52 at other properties;
(4) The amount of revenues the property owner receives from any existing communications services providers serving the property;
(5) Whether the property owner has a legitimate reason for refusing access to its property by the communications services provider; and
(6) The net assets and liabilities of the property owner, whether corporate or individual.
(c) Any civil penalty under subsection (a) will start to accrue following the completion of the notice required by Section 5209 of this Article 52.
(Added by Ord. 250-16, File No. 161110, App. 12/22/2016, Eff. 1/21/2017)
(a) Any court proceeding by a communications services provider or occupant to enforce this Article 52 against a property owner must be brought within 180 days of the communications services provider or occupant completing the notice requirements contained in Sections 5209 and 5211 of this Article.
(b) The City Attorney may institute a court proceeding to enforce this Article 52 within 180 days of the City Attorney receiving written notice that a property owner has violated this Article.
(Added by Ord. 250-16, File No. 161110, App. 12/22/2016, Eff. 1/21/2017)
In enacting or implementing this Article 52, the City 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.
(Added by Ord. 250-16, File No. 161110, App. 12/22/2016, Eff. 1/21/2017)
If any section, subsection, sentence, clause, phrase, or word of this Article 52, or any application thereof to any person or circumstance, is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or applications of the ordinance. The Board of Supervisors hereby declares that it would have passed this Article, and each and every section, subsection, sentence, clause, phrase, and word not declared invalid or unconstitutional, without regard to whether any other portion of this Article or application thereof would be subsequently declared invalid or unconstitutional.
(Added by Ord. 250-16, File No. 161110, App. 12/22/2016, Eff. 1/21/2017)
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