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(a) If the Director of Public Works determines that the permittee has exceeded the scope of the temporary street occupancy permit, either in terms of duration or area, or determines any other violation of the permit terms or conditions has occurred, the Director of Public Works shall order the permittee to correct the violation within a specified time period. If any person has occupied public right-of-way without permission for purposes of building construction operation or for any other purpose, the Director shall immediately order the violator to vacate the occupied area. Should the violation not be corrected as ordered or in the case of occupation without a permit, the permittee or person shall pay a penalty fee of up to $1,000 per day for each day of violation. Failure to pay any fee assessed under these provisions shall constitute good cause for immediate revocation of the temporary street occupancy permit or removal of unpermitted obstructions, and the project property shall be subject to a lien in the same amount, in accordance with the requirements of Article XX of Chapter 10 of the San Francisco Administrative Code, commencing with Section 10.230.
(b) Criminal Penalty.
(1) Any person who shall violate any of the provisions of this Section shall be guilty of an infraction at each location where such violation occurs. Every violation determined to be an infraction is punishable by (1) a fine not exceeding $100 for the first violation within one year; (2) a fine not exceeding $200 for a second violation within one year from the date of the first violation; (3) a fine not exceeding $500 for the third and each additional violation within one year from the date of the first violation.
(2) When a government official authorized to enforce this Section has reasonable cause to believe that any person has committed an infraction in the official's presence that is a violation of this Section, the official may issue a citation to that person pursuant to California Penal Code, Part II, Title 3, Chapters 5, 5C, and 5D.
(c) Administrative Penalty. In the alternative to the criminal penalty authorized by Subsection (b) of this Section for violations of Section 724.4(a), Department of Public Works officials designated in Section 38 of the Police Code may issue administrative citations for violations of Section 724(a). The administrative penalty shall not exceed $300 for each violation. Such penalty shall be assessed, enforced and collected in accordance with Section 39-1 of the Police Code.
(Added by Ord. 31-85, App. 1/17/85; amended by Ord. 166-87, App. 5/14/87; Ord. 322-00, File No. 001917, App. 12/28/2000; Ord. 180-02, File No. 021067, App. 8/29/2002; Ord. 87-03, File No. 030482, App. 5/9/2003)