(a) Violations Subject to Penalties. For purposes of assessing penalties for violation of Section 5802, each one-hour period within Restricted Hours during which, at any time, a Retail Establishment is open to the public in violation of Section 5802 is a separate violation. A Responsible Party may not be cited or found civilly liable for multiple violations of Section 5802 in a single 12 a.m.-to-5 a.m. period (or 2 a.m.-to 5-a.m. period in the case of ABC Licensees), unless (1) the violations are at least one hour apart from one another, and (2) at the time of the preceding violation, the Responsible Party receives warning of its violation of Section 5802 and continues to operate or operates again in violation of Section 5802 after such warning has been given.
(b) Penalty Amounts. In setting the amount of the administrative penalty, which shall not exceed $1,000 per violation, the Director may consider any one or more mitigating or aggravating circumstances presented, including, but not limited to, the following: the nature and seriousness of the misconduct giving rise to the violation, the number of violations, the persistence of the misconduct, the length of time over which the misconduct occurred, the willfulness of the Responsible Party’s misconduct, and the responsible party’s assets, liabilities and net worth.
(c) Enforcement Costs. In any action where a violation is found, the Director shall assess DPH’s costs of enforcement against the Responsible Party.
(d) Payment and Collection of Administrative Penalty and Enforcement Costs. Any administrative penalty and/or enforcement costs assessed under this Article 58 is a debt to the City and shall be paid to the Treasurer of the City and County of San Francisco. Any amount paid late shall be subject to an additional late fine of 10% on the unpaid amount. The sum of the unpaid amount and the 10% late fine shall accrue interest at the rate of 1% per month (or fraction thereof) until fully paid; any partial payments made shall first be applied to accrued interest. The City may file a civil action or pursue any other legal remedy to collect such unpaid amount, fine, and interest. In any civil action for collection, the City shall be entitled to obtain a judgment for the unpaid amounts, fine, and interest, and for the costs and attorneys’ fees incurred by the City in bringing such civil action.
(e) Lien for Administrative Penalty. Where an activity or condition on San Francisco real property has caused, contributed to, or been a substantial factor in causing the violation, the Director may initiate proceedings to make any unpaid administrative penalty, enforcement costs, fine, and interest, and all additional authorized costs and attorneys’ fees, a lien on the property. Such liens shall be imposed in accordance with Administrative Code Sections 10.230-10.237, or any successor provisions. Before initiating lien proceedings, the Director shall send a request for payment under Administrative Code Section 10.230A.