SEC. 3.530. PENALTIES AND ENFORCEMENT.
§ 3.530
This section establishes penalties for violations of the developer-disclosure rules in this Chapter, ranging from daily late-filing fees ($50/day) to administrative and civil liability of up to $5,000 per violation or three times the amount not properly reported. It also grants the Ethics Commission and City Attorney authority to inspect documents and investigate violations.
If a developer misses a filing deadline, the Ethics Commission can charge $50 for each day late until the information arrives—though the Executive Director can reduce or waive this fee if the lateness wasn't intentional. Developers who provide false or incomplete information can face an administrative hearing and warnings. They may also be sued by the City Attorney for up to $5,000 per violation or three times any amount they failed to report correctly, whichever is higher. The Ethics Commission and City Attorney can inspect all required documents and issue subpoenas to investigate violations. If multiple people are responsible for a violation, they can all be held liable together.
- Controversial:Enforcement penalties and civil liability amounts are matters of public policy that reasonable San Franciscans might debate in terms of adequacy and fairness.
AI-generated · claude-haiku-4-5 · informational only, not legal advice.
Official text
(a) If any developer fails to submit any information required by this Chapter after any applicable deadline, the Ethics Commission shall, in addition to any other penalties or remedies established in this Chapter, impose a late filing fee of $50 per day after the deadline until the information is received by the Ethics Commission. The Executive Director of the Ethics Commission may reduce or waive a late filing fee if the Executive Director determines that the late filing was not willful and that enforcement will not further the purposes of this Chapter. The Ethics Commission shall deposit funds collected under this Section in the General Fund of the City and County of San Francisco.
(b) Any person who violates this Chapter, including but not limited to, by providing inaccurate or incomplete information, may be liable in an administrative proceeding before the Ethics Commission pursuant to Charter Section C3.699-13. In addition to the administrative penalties set forth in the Charter, the Ethics Commission may issue warning letters regarding potential violations of this Chapter.
(c) Any person or entity which knowingly or negligently violates this Chapter may be liable in a civil action brought by the City Attorney for an amount up to $5,000 per violation, or three times the amount not properly reported, whichever is greater.
(d) In investigating any alleged violation of this Chapter the Ethics Commission and City Attorney shall have the power to inspect all documents required to be maintained under this Chapter. This power to inspect documents is in addition to other powers conferred on the Ethics Commission and City Attorney by the Charter or by ordinance, including the power of subpoena.
(e) Should two or more persons be responsible for any violation under this Chapter, they may be jointly and severally liable.
(Added by Ord. 98-14 , File No. 130374, App. 6/26/2014, Eff. 7/26/2014; re-enacted and amended by Proposition D, 3/5/2024, Eff. 4/12/2024, Oper. 10/12/2024)
(Former Sec. 3.530 added by Ord. 71-00, File No. 000358, App. 4/28/2000; repealed by Proposition E, 11/4/2003)