San Francisco County Municipal Code Art. VIII Violations of This Chapter, a

FRANCHISE, OR A UTILITY CONDITIONS PERMIT Sec. 11.73. Duty to Identify Potential Violations. Sec. 11.74. Complaints of Alleged Violations of this Chapter or a Franchise. Sec. 11.75. Notice of Violation. Sec. 11.76. Notice Imposing Administrative Penalties and Enforcement Costs. Sec. 11.77. Amount of Administrative Penalties. Sec. 11.78. Enforcement Costs. Sec. 11.79. Accrual of Penalties and Costs. Sec. 11.80. Finality of the Department's Determination and Collection of Assessed Penalties and Costs. Sec. 11.81. Administrative Review. Sec. 11.82. Deposit of Penalties. Sec. 11.83. Suspension of Action on Permit Applications. Sec. 11.83-A. Penalties for Violation of Customer Service and Consumer Protection Standards.

The Department of Public Works and the Department shall identify potential violations of this Chapter, a Franchise, or a UCP. In consultation with the City Attorney's Office, the Department shall take appropriate action to resolve violations of this Chapter, a Franchise, or a UCP. (Added by Ord. 58-00, File No. 000198, App. 4/7/2000)

If the Department believes a violation of this Chapter, a Franchise, or a UCP has occurred, either as the result of a complaint filed pursuant to Section 11.74 above, or through any other means independent of that process, which, after consultation with the City Attorney, the Department determines does not warrant Franchise revocation pursuant to Section 11.16 above, or action pursuant to Section 11.5 above, the Department shall serve a written notice of violation upon the Person responsible for the violation. The notice of violation shall contain specific allegations, setting forth the violations of this Chapter, a Franchise, or a UCP, shall specify the manner in which the violation must be remedied, and shall state whether the Department intends to seek suspension of excavation permits pursuant to Section 11.83 below. The responsible Person shall have ten (10) City business days to correct or otherwise remedy the violation. The responsible Person may contact the Department, if necessary, to discuss the violation. For violations that create an imminent danger to public health, safety, or welfare, the Department shall have the authority to: (1) remedy the violation and charge the costs of such remedy to the responsible Person; or (2) notify the responsible Person to immediately remedy the violation. (Added by Ord. 58-00, File No. 000198, App. 4/7/2000)

If a Person fails to remedy a violation within the time specified in a notice of violation issued pursuant to Section 11.75 above, the Department shall provide written notice to the responsible Person if the Department intends to impose administrative Penalties or enforcement costs. This notice shall include the amount of the penalties and an estimate of the enforcement costs that will be due, and declare that such penalties and costs are due and payable to the City Treasurer within twenty (20) City business days. The notice also shall state that the violator has the right, pursuant to Section 11.81 below, to request administrative review of the Department's determination. (Added by Ord. 58-00, File No. 000198, App. 4/7/2000)

Any Person who fails to comply with a notice of violation issued pursuant to Section 11.75 above for violation of this Chapter may be liable for an administrative penalty consistent with the procedure set forth in Section 11.76 above. The imposition of administrative penalties is within the discretion of the Department. The Department may assess an administrative penalty of up to one thousand dollars ($1,000.00) per day, per violation. In assessing the amount of the administrative penalty, the Department may consider any one or more of 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 responsible Person's misconduct, and the responsible Person's assets, liabilities, and net worth. (Added by Ord. 58-00, File No. 000198, App. 4/7/2000)

In addition to any administrative penalty assessed pursuant to this Article, the Department may assess the responsible Person the reasonable enforcement costs incurred by the Department, including reasonable attorneys' fees. The imposition of enforcement costs is within the discretion of the Department. (Added by Ord. 58-00, File No. 000198, App. 4/7/2000)

Penalties and costs assessed pursuant to this Article shall continue to accrue against the responsible Person until the violation is corrected or otherwise remedied in the judgment of the Department. A timely request for administrative review or appeal shall stay the accrual of penalties and costs until a final determination concerning the violation is issued by the Department. In the event of a final determination adverse to the responsible Person, the responsible Person shall pay the penalties and costs set forth in an accounting from the Department within ten (10) City business days of receipt of the accounting, or such penalties and costs will continue to accrue from the date the accounting was received. (Added by Ord. 58-00, File No. 000198, App. 4/7/2000)

PENALTIES AND COSTS. If no request for administrative review is filed pursuant to Section 11.81 below, the Department's determination shall be final. Thereafter, if the penalties and costs are not paid within the time specified in the notice, the Department may pursue any method of collection of such penalties and costs authorized by Applicable Law, including but not limited to deductions from any deposit or other security instrument held by the City, and any civil action. (Added by Ord. 58-00, File No. 000198, App. 4/7/2000)

Any penalties assessed and recovered in an action brought pursuant to this Article shall be deposited in a special account, to be known as the Subscriber Service Account, to be used for the purpose of promoting the interests of Subscribers in the City. (Added by Ord. 58-00, File No. 000198, App. 4/7/2000)