(a) Criminal Penalties. Any person violating any of the provisions of this Article 29 shall be deemed guilty of an infraction or misdemeanor. When charged as an infraction, and upon conviction thereof, such person shall be fined in an amount not exceeding (1) $100 for a first violation of this Article; (2) $200 for a second violation of this Article; and (3) up to $300 for each additional violation of this Article within one year of the date of a second or subsequent violation. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.
(b) Administrative Penalties. Administrative penalties shall be assessed and collected by the Departments specified in Section 2916 of this Article in accordance with San Francisco Administrative Code Chapter 100.
(c) Civil Penalties.
(1) Presumption of Noncompliance with Order. 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 subsequent 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 period specified in the notice or order has expired without correction of that violation.
(2) Penalty Amounts. Any person or entity violating this Article shall be liable for a civil penalty of up to $500 per violation for each day such violation is committed or permitted to continue, which penalty shall 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.
(3) Setting Civil Penalty. In assessing the amount of the civil penalty, the Court shall consider anyone 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. In addition, such violations will not be deemed legally abated until the property owner makes full payment of the assessment of costs and fees awarded to the City under this Article or any applicable State law.
(4) Cost Recovery. In any civil proceeding filed by the City Attorney to collect civil penalties, the Court may award the Department the costs and fees, including but not limited to attorneys' fees, and costs of investigation, enforcement, abatement, and litigation, authorized under this Article.