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(a) Abatement. Whenever the installation of an energy conservation measure in a residential building is required pursuant to this chapter and the energy conservation measure has not been installed within 180 days from the date of the energy inspection or, if there has been no energy inspection, within 180 days from the date the residential building was first required to comply with the provisions of this chapter, that residential building shall constitute a nuisance under the terms of Chapter 4 of this Code. The nuisance shall be abated by civil action pursuant to Section 201(e) of this Code, provided further that in no event shall any violation constitute a misdemeanor.
(b) Title Transfer. In addition, when an inspection and installation of conservation measures was required pursuant to this chapter as a result of a title transfer, civil action may be instituted by a buyer to require compliance with the requirements of this ordinance.
(c) Exceptions. In undertaking this program of energy inspections, the City and County of San Francisco is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers an employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury.
No civil liability, based on this ordinance, shall ensue from claims that the performance of, nonperformance of, negligent performance of, untimely performance of, or failure to perform in a proper manner, an energy inspection or energy audit caused injury to any person where that inspection or audit is conducted by a utility, or representative of a utility, which offers an energy inspection or audit service for which no charge is made to the homeowner.
(Added by Ord. 399-89, App. 11/6/89; amended by Ord. 161-92, App. 6/4/92; Ord. 256-07, App. 11/6/2007)