Section 16-515. Penalties

In addition to any other penalty provided by law:
  a.  Except as otherwise provided in subdivision b or  subdivision  c  of
  this  section,  any person who violates any provision of this chapter or
  any of the rules promulgated thereto shall be liable for a civil penalty
  which shall not exceed ten thousand dollars  for  each  such  violation.
  Such  civil  penalty  may  be  recovered  in  a  civil  action or may be
  returnable to the department of consumer affairs or other administrative
  tribunal of competent jurisdiction;
    b. (i) Any person who violates subdivision  a  of  section  16-505  or
  section  16-524  of  this  chapter  shall,  upon  conviction thereof, be
  punished for each violation by a criminal fine  of  not  more  than  ten
  thousand  dollars  for each day of such violation or by imprisonment not
  exceeding six months, or both; and any such person shall be subject to a
  civil penalty of not more than five thousand dollars  for  each  day  of
  such  violation  to  be recovered in a civil action or returnable to the
  department of consumer  affairs  or  other  administrative  tribunal  of
  competent jurisdiction; and
    c.  Any  person  who  violates subdivision b of section 16-505 of this
  chapter or any rule pertaining thereto shall, upon  conviction  thereof,
  be  punished  by  a civil penalty not to exceed one thousand dollars for
  each such violation to be recovered in a civil action or  returnable  to
  the  department  of consumer affairs or other administrative tribunal of
  competent jurisdiction.
    d. The corporation counsel is authorized to commence a civil action on
  behalf of the city for injunctive  relief  to  restrain  or  enjoin  any
  activity in violation of this chapter and for civil penalties.
    e. (i) In addition to any other penalty prescribed in this section for
  the  violation of subdivisions a or b of section 16-505 or subdivision a
  of section 16-524 of this chapter, or when there have been three or more
  violations within a three year period  of  the  provisions  herein,  the
  commission  shall,  after  notice  and  the  opportunity to be heard, be
  authorized:  to  order  any  person  in  violation  of  such  provisions
  immediately  to  discontinue  the  operation  of  such  activity  at the
  premises from which  such  activity  is  operated;  to  order  that  any
  premises from which activity in violation of such provisions is operated
  shall be sealed, provided that such premises are used primarily for such
  activity;   and   to  order  that  any  vehicles  or  other  devices  or
  instrumentalities utilized in the violation of such provisions shall  be
  removed, sealed, or otherwise made inoperable. An order pursuant to this
  paragraph  shall  be  posted  at  the  premises  from  which activity in
  violation of such provisions occurs.
    (ii) Ten days after  the  posting  of  an  order  issued  pursuant  to
  paragraph  (i)  of  this  subdivision, this order may be enforced by any
  person so authorized by section 16-517 of this chapter.
    (iii) Any vehicle or other device or instrumentality removed  pursuant
  to  the provisions of this section shall be stored in a garage, pound or
  other place of safety and the owner or other person lawfully entitled to
  the possession of such item may be charged  with  reasonable  costs  for
  removal and storage payable prior to the release of such item.
    (iv)  A  premise  ordered  sealed  or  a  vehicle  or  other device or
  instrumentality removed pursuant to this section shall  be  unsealed  or
  released  upon payment of all outstanding fines and all reasonable costs
  for removal and storage and,  where  the  underlying  violation  is  for
  unlicensed  or  unregistered  activity  or  unauthorized  activity  in a
  special trade waste district, demonstration  that  a  license  has  been
  obtained   or  a  business  registered  or  proof  satisfactory  to  the
  commission that such premise or item will not be used  in  violation  of

  subdivision  a or b of section 16-505 or subdivision a of section 16-524
  of this chapter.
    (v)  It  shall be a misdemeanor for any person to remove the seal from
  any premises or remove the seal from or make  operable  any  vehicle  or
  other  device  or instrumentality sealed or otherwise made inoperable in
  accordance with an order of the commission.
    (vi) A vehicle or other device or instrumentality removed pursuant  to
  this section that is not reclaimed within ninety days of such removal by
  the  owner  or other person lawfully entitled to reclaim such item shall
  be subject to forfeiture  upon  notice  and  judicial  determination  in
  accordance  with  provisions  of  law.  Upon  forfeiture, the commission
  shall, upon a public notice of at least five days,  sell  such  item  at
  public  sale.  The  net  proceeds  of  such sale, after deduction of the
  lawful expenses incurred, shall be paid into the  general  fund  of  the
  city.