§ 307.

PROCEDURE FOR ASSESSMENT AND COLLECTION OF ADMINISTRATIVE PENALTIES FOR SECTION 306 VIOLATIONS

a.

This Section shall govern the imposition, assessment and collection of administrative penalties imposed pursuant to Section 306.

b.

The SFMTA Board of Directors finds:

1.

That it is in the best interest of the City, its residents, visitors and those who work in and on City streets and sidewalks to provide an alternative, administrative penalty mechanism for enforcement of the obstructing traffic violations covered by this section in addition to the existing enforcement mechanisms authorized under the California Penal Code; and

2.

That the administrative penalty scheme established by this section is intended to compensate the public for the injury and damage caused by the prohibited conduct and gain compliance with the SFMTA’s “Regulations for Working in San Francisco Streets” (also known as “the Bluebook”). The administrative penalties authorized under this section are intended to be reasonable and not disproportionate to the damage or injury to the City and the public caused by the prohibited conduct.

c.

Administrative Citation. Where an officer or employee designated in Section 306 determines that there has been a violation of Division I, Section 7.2.71, the officer or employee may issue an administrative citation to the person and/or entity responsible for the violation. For purposes of this Section, an entity is responsible if an officer, employee or agent of the entity commits the violation. The citation shall inform the person or entity responsible of the date, time, place and nature of the violation and the amount of the proposed penalty, and shall state that the penalty is due and payable to the SFMTA within 15 business days from the date of the notice, if not contested within the time period specified. The citation shall also state that the person or entity responsible has the right, pursuant to Subsection (d), to request administrative review of the citing officer or employee’s determination as to the violation and assessment of penalties, and shall set forth the procedure for requesting administrative review. The designated officer or employee shall serve the administrative citation as follows:

1.

Where there is a nexus between the violator and a specific property:

A.

One copy of the Notice shall be posted in a conspicuous place upon the property.

B.

One copy of the Notice shall be served upon each of the following:

i.

The person, if any, in real or apparent charge and control of the premises or property involved;

ii.

The owner of record, if applicable.

Service required by subparagraph (B) shall be made by first class mail and a certificate of mailing shall be prepared.

2.

Where the issuing officer or employee is unable to ascertain a nexus between the violation and property within the City, a completed copy of the administrative citation may be served on the individual who has committed the violation by personal service, or by first class mail and a certificate of mailing prepared.

3.

For purposes of this Section, there is a nexus where activity on the property has caused, contributed to, or been a substantial factor in causing, the violation.

d.

Request for Hearing; Hearing.

1.

A person or entity that has been issued an administrative citation may request administrative review in order to contest the citation issued in accordance with this Section. Administrative review shall be initiated by filing a request for administrative review with the SFMTA Hearing Division within 15 business days from the date of the citation. Failure to request a hearing in a timely manner or to attend a scheduled hearing shall satisfy the hearing requirement.

2.

Whenever administrative review is requested pursuant to this Section, the SFMTA Hearing Section shall, within fifteen business days of receipt of the request, notify the requestor of the date, time, and place of the administrative hearing by certified mail. Such hearing shall be held no later than thirty (30) calendar days after the SFMTA Hearing Section receives the request, unless time is extended by mutual agreement of the affected parties.

3.

The administrative hearing shall be conducted by a neutral hearing of office assigned by the SFMTA Hearing Section. The SFMTA Hearing Section may issue rules as needed to implement this requirement. The parties may present evidence and testimony to the Hearing Officer. All testimony shall be under oath. The shall ensure that a record of the proceedings is maintained. The burden of proof to uphold the violation shall be on the City, but the administrative citation shall be prima facie evidence of the violation.

4.

The Hearing Officer shall issue a decision including a summary of the issues and the evidence presented, and findings and conclusions, within fifteen (15) calendar days of the conclusion of the hearing. The Hearing Officer may uphold the penalty imposed by the citation or dismiss the citation. A copy of the decision may be personally delivered to the person or entity contesting the violation or sent by first class mail. The decision shall be a final administrative determination. An aggrieved party may seek judicial review of the decision pursuant to California Code of Civil Procedure Sections 1094.5 and 1094.6.

e.

Payment and Collection of Penalty.

1.

Where a person or entity has not made a timely request for administrative hearing, the penalty shall be due and payable to the SFMTA on or before 15 business days from the date of issuance.

2.

Where a person or entity has made a timely request for administrative hearing, and the penalty has been upheld upon review, any administrative penalty imposed by the Hearing Officer shall be due and payable not later than 10 business days from the date of the notice of decision issued under subparagraph (d)(4).

3.

If a penalty due and payable under paragraphs (1) or (2) remains unpaid after the specified due date, the SFMTA shall send the violator written notice that the penalty is overdue. Penalties that remain unpaid 30 days after the due date shall be subject to a late payment penalty of fifty ($50) dollars. Persons and entities against whom administrative penalties are imposed shall also be liable for the costs and attorney’s fees incurred by the SFMTA in bringing any civil action to enforce the provisions of this section, including obtaining a judgment for the amount of the administrative penalty and other costs and charges.

4.

Where there is a nexus between the violation and property in the City owned by the violator, the SFMTA shall further inform the violator that if the amount due is not paid within 30 days from the date of the notice, the SFMTA shall initiate proceedings to make the amount due and all additional authorized costs and charges, including attorneys fees, a lien on the property. Such liens shall be imposed in accordance with Chapter 10, Article XX of the Administrative Code.

f.

Administrative penalties shall be deposited in the Municipal Transportation Fund and may be expended only by the SFMTA.

History

(SFMTA Bd. Res. No. 09-172, 9/15/2009)

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