You are viewing an archived code
The City and County of San Francisco adopts the following Chapter 1A for the purpose of administration of the 2016 San Francisco Building Code. Certain specific administrative and general code provisions as adopted by various state agencies may be found in Chapter 1, Divisions I and II of this code.
101A.1 Title. These regulations shall be known as the “2016 San Francisco Building Code,” may be cited as such and will be referred to herein as “this code.” The 2016 San Francisco Building Code amends the 2016 California Building Code and the 2016 California Residential Code which is Part 2 & 2.5 respectively of the 12 parts of the official compilation and publication of the adoption amendment and repeal of the building regulations to the California Code of Regulations, Title 24, also referred to as the California Building Standards Code. The California Building Code and California Residential Code incorporates by adoption the 2015 International Building Code and 2015 International Residential Code respectively of the International Code Council with necessary California amendments.
101A.2 Purpose. The purpose of this code is to establish the minimum requirements to safeguard the public health, safety and general welfare through structural strength, means of egress facilities, stability, access to persons with disabilities, sanitation, adequate lighting and ventilation and energy conservation, and safety to life and property from fire and other hazards attributed to the built environment; to regulate and control the demolition of all buildings and structures, and the quarrying, grading, excavation, and filling of land; and to provide safety to fire fighters and emergency responders during emergency operations.
The further purpose of this code is to ensure that barrier-free design is incorporated in all buildings, facilities, site work and other developments to which this code applies and to ensure that they are accessible to and usable by persons with disabilities.
101A.3 Scope. The provisions of this code shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures.
101A.3.1 Non-state-regulated buildings, structures and applications. Except as modified by local ordinance pursuant to Section 1.1.8, the following standards in the California Code of Regulations, Title 24, Parts 2, 2.5, 3, 4, 5, 6, 9, 10, and 11 shall apply to all occupancies and applications not regulated by a state agency.
101A.4 Effective Date of this code.
101A.4.1 Only those standards approved by the California Building Standards Commission and code amendments, additions or deletions adopted by the City and County of San Francisco that are effective at the time an application for building permit is deemed acceptable for building plan review by the Department of Building Inspection shall apply to the plans and specifications for, and to the construction performed under, that permit. For the effective dates of the provisions contained in this code, see History Notes page of this code.
101A.4.2 Appendices. Provisions contained in the appendices of this code shall not apply unless specifically adopted by a state agency or adopted by a local enforcing agency in compliance with Health and Safety Code Section 18901 et seq. for Building Standards Law, Health and Safety Code Section 17950 for State Housing Law and Health and Safety Code Section 13869.7 for Fire Protection Districts.
101A.5 Validity. If any chapter section, subsection, sentence, clause or phrase of this code is for any reason held to be unconstitutional, contrary to statute, exceeding the authority of the state as stipulated by statutes, or otherwise inoperative, such decision shall not affect the validity of the remaining portion of this code.
101A.6 Reference Documents. The codes, standards and publications adopted and set forth in this code, including other codes, standards and publications referred to therein are, by title and date of publication, hereby adopted as standard reference documents of this code.
When this code does not specifically cover any subject relating to building design and construction, recognized architectural or engineering practices shall be employed. The National Fire Codes and Fire Protection Handbook of the National Fire Protection Association are permitted to be used as authoritative guides in determining recognized fire-prevention engineering practices.
In the event of any differences between these building standards and the standard reference documents, the text of these building standards shall govern.
101A.7 Order of Precedence.
101A.7.1 Specific provisions. Where a specific provision varies from a general provision, the specific provision shall apply.
101A.7.2 Conflicts. When the requirements of this code conflict with the requirements of any other part of the California Building Standards Code, Title 24, any provision contained elsewhere in the San Francisco Municipal Code, or any regulation or requirement adopted by the Public Utilities Commission or other City agency under its Charter authority, the most restrictive requirement shall prevail.
101A.7.3 Fire codes. Nothing in these building standards shall diminish the requirements of the state fire marshal.
Sections 101A.8 – 101A.19 are reserved.
101A.20 Central Permit Bureau. A Central Permit Bureau is hereby established in the Department of Building Inspection. The Central Permit Bureau shall process applications for permits required in Section 106A.1 of this code and for certain other permits required by ordinance or regulation for other departments and bureaus of the City and County of San Francisco. Permit processing procedures are detailed in an Administrative Bulletin issued by the Building Official in cooperation with other departments and bureaus. The Central Permit Bureau shall arrange for the review of permit applications, the issuance of permits and the collection of fees as fixed by law.
The fees collected by the Central Permit Bureau shall be credited to the account of the department or bureau authorized by ordinance or Charter to approve such permits. The Controller, in conjunction with the Central Permit Bureau and the concerned departments and bureaus, shall analyze the cost to the City and County of San Francisco of regulation and inspection required by each such class of permit and shall propose the rates to be fixed therefor by ordinance, which shall not be less than the cost to the City and County of San Francisco of such regulation and inspection.
101A.21 Safety Assessment Placards. This section establishes standard placards to be used to indicate the condition of a building or structure after a natural or human-created disaster. A description of the placards to be used is set forth in this Section. The Building Official and their authorized representatives are authorized to post the appropriate placard at each entry point to a building or structure upon completion of a safety assessment. A safety assessment is a visual, nondestructive examination of a building or structure for the purpose of determining the condition for continued occupancy.
101A.21.1 Application of provisions. The provisions of this section are applicable to all buildings and structures of all occupancies regulated by the City and County of San Francisco.
101A.21.2 Description of placards. The Department of Building Inspection shall use the form of standard placards that the Applied Technology Council has recommended and revises from time to time. The actual placards shall be in a form that the Building Official approves. In addition, the ordinance number, the name of the department, its address, and phone number shall be permanently affixed to each placard. In addition, each placard shall include the following language or its equivalent as determined by the Building Official: Any unauthorized removal, alteration, or covering of this placard shall be considered a violation of the San Francisco Building Code and the responsible person(s) shall be subject to applicable penalties set forth in the code. A general description of the placards is as follows:
1. INSPECTED – LAWFUL OCCUPANCY PERMITTED. This placard is to be posted on any building or structure where no apparent structural hazard has been found. This placard is not intended to mean that there is no damage to the building or structure.
2. RESTRICTED USE. This placard is to be posted on each building or structure that is damaged to such an extent that restrictions on continued occupancy are required. The person or persons authorized to post this placard will note in general terms the type of damage encountered and will note with specificity any restrictions on continued occupancy.
3. UNSAFE – DO NOT ENTER OR OCCUPY. This placard is to be posted on each building or structure that is damaged to such an extent that continued occupancy poses a threat to life safety. Buildings or structures posted with this placard shall not be entered under any circumstance except as authorized in writing by the Building Official of Building Inspection or his or her authorized representative. Authorized safety assessment individuals or teams may enter these buildings at any time. This placard is not to be used or considered to be a demolition order. The person or persons authorized to post this placard will note in general terms the type of damage encountered.
101A.21.3 Removal or alteration prohibited. Once it has been attached to a building or structure, a placard is not to be removed, altered, or covered except by an authorized representative of the Department or upon written notification from the Department. Any unauthorized removal, alteration, or covering of a placard shall be considered a violation of this code and the responsible person(s) shall be subject to the penalties set forth herein.
All buildings, structures, property, or parts thereof, regulated by this code that are structurally unsafe or not provided with adequate egress, or that constitute a fire hazard, or are otherwise dangerous to human life, safety, or health of the occupants or the occupants of adjacent properties or the public by reason of inadequate maintenance, dilapidation, obsolescence or abandonment, or by reason of occupancy or use in violation of law or ordinance, or were erected, moved, altered, constructed or maintained in violation of law or ordinance are, for the purpose of this chapter, unsafe.
Whenever the Building Official determines by inspection that property or properties either improved or unimproved are unstable because of landslide, subsidence or inundation or that such occurrences are deemed imminent as described above, the Building Official shall give written notice to the owner or owners that said property or properties are unsafe. The notice shall specify the conditions creating the unsafe classification.
All such unsafe buildings, structures, property, or portions thereof, are hereby declared to be public nuisances and shall be vacated, repaired, altered or demolished as hereinafter provided.
102A.1 Fire Hazard. No person, including but not limited to the state and its political subdivisions, operating any occupancy subject to these regulations shall permit any fire hazard, as defined in this section, to exist on premises under their control, or fail to take immediate action to abate a fire hazard when requested to do so by the enforcing agency.
Note: "Fire hazard" as used in these regulations means any condition, arrangement or act which will increase, or may cause an increase of, the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service of preventing, suppressing or extinguishing fire; or which may obstruct, delay or hinder, or may become the cause of obstruction, delay or hindrance to the prevention, suppression or extinguishment of fire.
102A.2 Authority to Enforce. Subject to other provisions of law, for administration, enforcement, actions, proceedings, abatement, violations and penalties in structures subject to State Housing Law, refer to Health and Safety Code Sections 17910 through 17995.5 and California Code of Regulations, Title 25, Division 1, Chapter 1, Subchapter 1.
102A.2.1 Mobilehome parks and special occupancy parks. Subject to other provisions of law, for administrative, enforcement, actions, proceedings, abatement, inspections and penalties applicable to the Mobilehome Parks Act, refer to California Health and Safety Code, commencing with Section 18200 and California Code of Regulations, Title 25, Division 1, Chapter 2.
102A.2.2 Employee Housing. Subject to other provisions of law, for administrative, enforcement, actions, proceedings, violations and penalties applicable to the Employee Housing Act, refer to Safety Code, Sections 17000 through 17062.5 and California Code of Regulations, Title 25, Division 1, Chapter 1, Subchapter 3.
102A.3 Inspections. The Building Official may inspect or cause the inspection of any building, structure or property for the purpose of determining whether it is unsafe whenever:
(a) The Building Official, with reasonable discretion, determines that such inspection is necessary or desirable; or,
(b) Any person or any agency or department of the City submits to the Building Official a complaint which, in the Building Official's opinion, establishes reasonable cause to believe that the building, structure or property or any portion thereof is unsafe.
102A.3.1 Dwelling Units constructed or installed without required permit(s).In the case of an unauthorized Dwelling Unit constructed or installed in an existing building without the required permit or permits, in addition to the above requirements the written notice of violation shall order the property owner to file an application for a building and other permits required to legalize the unit pursuant to Building Code Section 106A.3.1.3 and Planning Code Section .
EXCEPTIONS:
1. Removal of the unit has been approved by the Planning Commission pursuant to Planning Code Section ; or
3. The Building Official has determined that a serious and imminent hazard under Section 102A.16 of this Code exists on the subject property.
Upon submission of an application for legalization or removal of an unauthorized Dwelling Unit by the owner or the owner’s authorized agent, the Department will suspend a notice of violation issued pursuant to this Section 102A.3.1 pending a decision on the application unless the Building Official has determined that a serious and imminent hazard exists on the property. If approval of either legalization or removal of the unauthorized Dwelling Unit occurs within one year of issuance of the notice of violation, the notice of violation and any liens recorded against the property with respect to the violation will be rescinded. The Building Official may extend this time if a delay in obtaining approval is not the fault of the property owner.
(Amended by Ord. 65-19, File No. 190136, App. 4/12/2019, Eff. 5/13/2019)
102A.4 Notice of Municipal Code Violation.
(a) When the Building Official observes or otherwise determines any condition which renders the building, structure or property unsafe, the Building Official shall, within 15 days, serve a Notice of Municipal Code Violation ("NOV") upon the building owner. The Building Official shall not issue successive NOVs for the same violation or violations as a means of extending the filing time or the enforcement process or as a means of following up with the building owner.
(b) The NOV shall identify each violation observed or otherwise established, including the violations which render the building, structure or property unsafe, and shall state a deadline for the building owner to abate the violations and a date for reinspection. The NOV shall also set forth the penalties, fees and costs as prescribed in Sections 102A.7(d) and 103A of this code. The NOV shall be a public record subject to disclosure pursuant to Administrative Code Chapter 67.
(c) The Building Official shall mail a copy of the NOV to the building owner by first class mail at the address listed with the Assessor-Recorder's Office. The Building Official shall post the NOV in a conspicuous place on the subject property and make a copy of the NOV available to each tenant of the subject property.
102A.5 Notice of Administrative Hearing.
(a) If the Building Official determines that the building owner has not corrected the code violations by the deadline provided in the NOV, the Building Official shall schedule an administrative hearing on the violations, to be heard within 60 days of the deadline, unless the building owner demonstrates to the Building Official's satisfaction that the building owner has made substantial progress in abating the violations.
(b) The Building Official shall issue a Notice of Administrative Hearing ("Hearing Notice") to the building owner. The Hearing Notice shall state the date, hour and place of the hearing and contain a conspicuous warning setting forth the penalties, fees and costs prescribed in Sections 102A.7(d) and 103A of this Code. The Hearing Notice shall include a copy of the NOV. The Hearing Notice shall inform all interested parties who desire to be heard in the matter that they may appear to show cause why the property, building or structure, or portion thereof, should not be ordered repaired, altered, vacated and repaired or altered, or vacated and demolished.
(c) The Building Official shall serve the Hearing Notice on the building owner by certified mail to the building owner at the address listed with the Assessor-Recorder's Office and shall post the NOV in a conspicuous place on the subject property. The Building Official shall mail the Hearing Notice on the building owner at least 10 days prior to the date set for the hearing.
(d) In addition to serving the NOV on the building owner, the Building Official shall send a copy of the NOV by certified mail to:
(1) The person, if any, in real or apparent charge and control of the premises involved;
(2) The holder of any mortgage, deed of trust, lien or encumbrance of record;
(3) The owner or holder of any lease of record; and,
(4) The record holder of any other estate or interest in the building, structure or property, or the land upon which it is located.
The failure of any owner or other person to receive such notice shall not affect in any manner the validity of any proceedings taken hereunder.
(e) The person serving the Hearing Notice shall complete a declaration under penalty of perjury, certifying the date and manner in which such Hearing Notice was given, and the Building Official shall retain the certified mail receipt card, if any, for the Hearing Notice.
(f) In addition to the Hearing Notice, the Building Official shall provide the building owner with an information sheet regarding the enforcement process, the building owner's rights and duties prior to the hearing, and the information the building owner must bring to the hearing.
102A.6 Conduct of Administrative Hearing.
(a) The Building Official shall conduct the Administrative Hearing, or may designate a Hearing Officer who shall have the same authority as the Building Official to hear and decide the case and to make any orders consistent with this Code. For purposes of Sections 102A.6 through 102A.7, "Hearing Officer" shall include the Building Official if the Building Official conducts the Administrative Hearing. The Hearing Officer shall not be the same individual who signed the NOV.
(b) The Hearing Officer shall hold the Administrative Hearing at the time and place designated in the Hearing Notice. The Hearing Officer may, in his or her discretion and for good cause shown, continue the hearing one time, for a period not to exceed 30 days. All persons having an interest in the building, structure or property or having knowledge of facts material to the allegations of the NOV, including the list of code violations, may present evidence for consideration by the Hearing Officer, subject to any rules adopted by the Hearing Officer for the orderly conduct of the hearing.
102A.7 Administrative Order.
(a) Within 30 days following the conclusion of the Administrative Hearing, the Hearing Officer shall issue a written decision ("Administrative Order").
(b) The Administrative Order shall state in reasonable detail which conditions render the building, structure, or property, or portion thereof, unsafe, and shall state the work required to be done to satisfy the Administrative Order. The Administrative Order shall include a copy of the NOV. The Administrative Order may direct the building owner to repair, alter, vacate, and/or demolish the subject property.
(c) The Administrative Order shall specify the time within which the building owner shall repair, alter, vacate, and/or demolish the building, structure, or property, or portion thereof, or otherwise comply with the Order. The time for compliance with the Administrative Order shall not to exceed 180 days from permit issuance. The Hearing Officer may, in his or her discretion and for good cause shown, extend the time for compliance with the Administrative Order once, for a period limited to the minimum time necessary for completion and not to exceed 90 days, following a written request by the building owner.
(d) In addition to any monetary penalties authorized in Section 103A, the Department shall be entitled to its costs of preparation for and appearance at the Administrative Hearing, and all prior and subsequent attendant and administrative costs, and the Department shall assess these costs upon the building owner monthly, at the rates set under Section 110A, Tables 1A-D (Standard Hourly Rates) and 1A-K (Penalties, Hearings, Code Enforcement Assessments), until the costs are paid in full. In addition, the Department shall be entitled to its attorneys fees and costs, including but not limited to expert witness fees, incurred in bring the administrative enforcement action. The violations cited in the Administrative Order will not be deemed legally abated until the building owner makes full payment of the penalties and costs, and failure to pay the assessment of costs shall result in tax lien proceedings against the property.
(e) The Hearing Officer shall serve the Administrative Order on the building owner in the same manner as the Hearing Notice. The Building Official shall record a copy of the Administrative Order in the Assessor-Recorder's Office. When the Building Official determines that the work required under the Administrative Order has been completed and the building, structure, or property, or portion thereof, no longer is unsafe, the Building Official shall issue and record a rescission of the Administrative Order with the Assessor-Recorder's Office.
(f) Any person may appeal an Administrative Order pursuant to Section 105A.2. The Hearing Officer shall inform the building owner, at the Administrative Hearing and in the Administrative Order, of the right of appeal to the Abatement Appeals Board provided that the appeal is made in writing and filed with the Secretary of the Abatement Appeals Board within 15 days after the Order is posted and served. The 15-day limitation shall not apply when any type of a moratorium authorized in Section 105A.2 is sought. Where construction materials, methods, types of construction, or compliance with the time limits set forth in Table No. 16B-A are the bases, in whole or in part, of the Building Official's finding that an unreinforced masonry building, or portion thereof, is unsafe, the Abatement Appeals Board shall refer these matters to the Board of Examiners established in Section 105A.1 of this Code. Where construction materials, methods, and types of construction are the bases, in whole or in part, of the Building Official's finding that the building, or structure, or portion thereof, is unsafe, the Abatement Appeals Board shall refer these matters to the Board of Examiners for its examination and determination with respect to such materials, methods, and types of construction. The Board of Examiners shall approve or disapprove such materials, methods, and types of construction, and may attach conditions to its approval, and shall forward a copy of its report to the Abatement Appeals Board. The Abatement Appeals Board shall include in its decision the findings of the Board of Examiners.
102A.8 Remedies are Non-Exclusive. Notwithstanding the provisions of Sections 102A.4 through 102A.7, the City Attorney may institute civil proceedings for injunctive and monetary relief, including civil penalties, against a building owner for violations of the Municipal Code under any circumstances, without regard to whether a complaint has been filed or the Building Official has issued a NOV or an Administrative Order. In any civil action filed by the City Attorney under this Section 102A.8, the City Attorney may seek recovery of and the court may award the City its attorneys fees and costs, including but not limited to expert witness fees, incurred in bringing the proceedings.
Editor’s Note:
Sections 102A.9 and 102A.10 are reserved.
Sections 102A.9 and 102A.10 are reserved.
102A.11 Violation – Penalties for Disregarding Order.
102A.11.1 Failure to comply. The owner of any building, structure, or property or portion thereof determined by the Building Official to be unsafe who has failed to comply with any order shall be guilty of a misdemeanor as set forth in Section 103A.
102A.11.2 Failure to vacate. The occupant or lessee in possession who fails to comply with the order to vacate said building or portion thereof in accordance with any order given as provided for hereinabove shall be guilty of a misdemeanor as set forth in Section 103A.
102A.11.3 Removal of notice. Any person who removes any notice or order posted as required in this section shall be guilty of a misdemeanor as set forth in Section 103A.
102A.12 Costs of Abatement by the City and County of San Francisco. Whenever the Building Official, pursuant to authority conferred by this code, causes a building, structure, or property, or portion thereof, to be barricaded, secured, repaired or altered, demolished, or have other actions taken by the Department or its contractor to remedy an unsafe condition, the cost thereof shall be paid from the Repair and Demolition Fund and assessed against said property.
102A.13 Repair and Demolition Fund. A special revolving fund, to be known as the Repair and Demolition Fund, may be used for the purpose of defraying the costs and expenses (including Department administrative costs) which may be incurred by the Building Official in carrying out the actions described in Section 102A.12.
The Board of Supervisors may, by transfer or by appropriation, establish or increase the special revolving fund with such sums as it may deem necessary in order to expedite the performance of the work of securing, repairing, altering or demolition. The Repair and Demolition Fund shall be replenished with all funds collected under the proceedings hereinafter provided for, either upon voluntary payments or as the result of the sale of the property after delinquency, or otherwise. Balances remaining in the Repair and Demolition Fund at the close of any fiscal year shall be carried forward in such fund.
102A.14 Failure to Comply with Order. Whenever an order to repair, alter, vacate and alter or repair, or vacate and demolish any building, structure or property, or portion thereof, has not been complied with within the time set by the Building Official, or within such additional time as the Building Official may for good cause extend, or within the time fixed by the Abatement Appeals Board, the Building Official shall have the power, in addition to any other remedy provided herein or by law or any other ordinance, to:
1. Cause the building, structure, property, or portion thereof, to be vacated, barricaded, or otherwise secured against use or occupancy pending the correction of all conditions ordered to be corrected, or pending demolition; or
2. Cause the building, structure, property, or portion thereof, to be dismantled or demolished and the site cleared by such means as the Building Official shall deem advisable; or
3. Cause the building, structure, property, or portion thereof, to be repaired or altered, so as to render it safe and in compliance with applicable laws and ordinances, by such means as the Building Official shall deem advisable.
Any work done pursuant to the authority herein shall be performed in accordance with the limitations as to repair expenditure as contained in Section 102A.16 and with the established practices applicable to the Department.
102A.15 Forfeiture of Owner's Right to Do Work. Whenever, pursuant to Section 102A.14, the Building Official intends to cause to be done any of the work described therein, the Building Official shall provide notice in the manner set forth in Section 102A.4, of the Building Official's intention to do such work, and shall specify a date certain upon which the Building Official shall solicit bids to accomplish the necessary work, which shall be not sooner than 10 days from the date such notice is given. From and after said date certain the owner and every other person having charge or control over said building, structure or property shall be deemed to have forfeited all right to do such work and is thereafter prohibited from doing any such work except as the Building Official may allow.
102A.16 Serious and Imminent Hazards – Emergency Orders. Notwithstanding any other provisions of this chapter, whenever, in the judgment of the Building Official, it appears from an inspection or notice of violation that there exists in, on, or near any building, structure, property, or portion thereof, any condition constituting an imminent and substantial hazard to the life, health or safety of the occupants or other persons, or to such building, structure, or property requiring prompt action to correct said condition, the Building Official shall have the power to issue an order in writing detailing the serious and imminent hazard conditions and requiring:
1. That the building, structure, property, or portion thereof, be vacated and thereafter be kept vacant until the Building Official gives written permission that the same may be reoccupied, without giving the notice and holding the hearing prescribed in Sections 102A.4 through 102A.6, whenever, by reason of serious and imminent danger, prompt vacating of the premises, building, structure or property, or a portion thereof, appears necessary in the judgment of the Building Official;
2. That the building, structure, property, or a portion thereof, be barricaded, boarded up, or otherwise secured against entry, occupancy or use by all persons, except as permitted by said order;
3. That the building, structure, property, or a portion thereof, be demolished or that serious and imminent hazard conditions be repaired, altered, corrected or eliminated in accordance with the particulars set forth in the order.
The order shall contain time frames required for compliance with the order and shall set forth the street address of the building or structure and a description of the building, structure, or property sufficient for identification.
In such cases of serious and imminent hazard, the order may be issued by the Building Official without giving the notice and holding the hearing specified in Sections 102A.4 through 102A.6. A copy of said order shall be posted in a conspicuous place upon the building, structure, or property, a copy shall be served in the manner prescribed in Section 102A.4, and a copy shall be recorded in the Assessor-Recorder's Office.
The Building Official shall have the further power under this section to cause or compel the work required under the order to be undertaken by such means as the Building Official may deem advisable if the owner and all other persons having an interest in the building, structure, or property have failed, for a period of not more than 48 hours after the posting and service of the order, to comply with the order.
Whenever the Building Official orders that repairs or alterations be made pursuant to this Section, the authority of the Building Official to repair or alter, or cause repairs or alterations to be made to comply with the order, shall be limited to repairs or alterations whose cost does not exceed 50 percent of the value, as defined by the Assessor, of the building, structure, property, or portion thereof.
Editor's Note:
The Board of Supervisors has enacted legislation providing in part "Notwithstanding the property value limitation of Building Code Section 102A.16 on DBI's ability to use the Repair and Demolition Fund to abate unsafe conditions associated with private property, the Board of Supervisors authorizes DBI to use this Fund for those costs of the Telegraph Hill Rock Slope Improvement Project that are the responsibility of the property owner whose property is located at Assessor's Block 0060, Lot 005. This authorization is subject to the City recouping whatever costs may be available from this property owner. In regard to recoverable costs, the Board of Supervisors directs the DPW and DBI Directors to take any and all actions which they in consultation with the City Attorney may deem necessary or advisable in order to effectuate the purpose and intent of this ordinance and Building Code Sections 102A.11 et seq. In addition, based on the findings in this ordinance, the Board approves the transfer into this Fund of any DBI surplus that may be necessary to cover the aforementioned costs and replenish this Fund with the equivalent of the allocated costs or other amount the Board subsequently deems appropriate." See Section 2 of Ord. 169-14, File No. 140627, App. 7/31/2014, Eff. 8/30/2014.
The Board of Supervisors has enacted legislation providing in part "Notwithstanding the property value limitation of Building Code Section 102A.16 on DBI's ability to use the Repair and Demolition Fund to abate unsafe conditions associated with private property, the Board of Supervisors authorizes DBI to use this Fund for those costs of the Telegraph Hill Rock Slope Improvement Project that are the responsibility of the property owner whose property is located at Assessor's Block 0060, Lot 005. This authorization is subject to the City recouping whatever costs may be available from this property owner. In regard to recoverable costs, the Board of Supervisors directs the DPW and DBI Directors to take any and all actions which they in consultation with the City Attorney may deem necessary or advisable in order to effectuate the purpose and intent of this ordinance and Building Code Sections 102A.11 et seq. In addition, based on the findings in this ordinance, the Board approves the transfer into this Fund of any DBI surplus that may be necessary to cover the aforementioned costs and replenish this Fund with the equivalent of the allocated costs or other amount the Board subsequently deems appropriate." See Section 2 of Ord. 169-14, File No. 140627, App. 7/31/2014, Eff. 8/30/2014.
102A.16.1 Continuing or Recurring Conditions Creating a Fire Hazard in a Residential Building of Three or More Dwelling Units; Authority of the Building Official. In addition to any other power or remedy available under this Code or other applicable laws, the Building Official may issue a Fire Life Safety Notice and Order pursuant to the provisions of this Section 102A.16.1 and Sections 102A.16.1.1 and 102A.16.1.2 that requires the owner of a residential building with three or more dwelling units to install improve, or upgrade the building’s fire safety systems.
(Added by Ord. 267-18, File No. 180756, App. 11/9/2018, Eff. 12/10/2018)
102A.16.1.1 Fire Life Safety Notice and Order. The Building Official may issue a Fire Life Safety Notice and Order in cases where the Building Official has determined that:
(a) notwithstanding the Department’s issuance of two or more NOVs and Administrative Orders under Sections 102A.4 and 102A.7 of this Code for violation of the fire safety requirements enforced by the Department of Building Inspection, a fire hazard (as defined in Section 102A.1) continues to exist or recurs after abatement in a residential building with three or more dwelling units; and
(b) while the cited code violations have not risen to the level of an imminent hazard that requires issuance of an emergency order under Section 102A.16, the violations are so extensive and of such a nature (including but not limited to conditions such as a nonworking fire alarm or sprinkler system, a nonworking or chronically blocked fire escape, or locked or chronically blocked exits or egress system) that the health and safety of the residents and/or the general public is substantially endangered; and
(c) the property owner either has failed to abate or mitigate the violations in a timely way in accordance with an Administrative Order issued pursuant to Section 10A2.7 1
of this Code, or the violations recur after abatement.
(Added by Ord. 267-18, File No. 180756, App. 11/9/2018, Eff. 12/10/2018)
CODIFICATION NOTE
1. So in Ord. 267-18.
102A.16.1.1.1 Legal Status of Previously Issued NOVs. A Fire Life Safety Notice and Order issued pursuant to Section 102A.16.1.1 is in lieu of a Notice of Municipal Code Violation (“NOV”) and an Administrative Order issued pursuant to Sections 102A.4 and 102A.7 of this Code. However, such an Order does not replace any NOVs that have previously been issued and remain unabated. Any previously-issued NOVs shall require abatement pursuant to their terms.
(Added by Ord. 267-18, File No. 180756, App. 11/9/2018, Eff. 12/10/2018)
102A.16.1.1.2 Required Provisions of a Fire Life Safety Notice and Order. The Fire Life Safety Notice and Order issued pursuant to Section 102A.16.1.1 shall require the building owner to do one or more of the following:
(a) install a new fire sprinkler system;
(b) improve an existing fire sprinkler system or upgrade it to current code requirements;
(c) install a new fire alarm and/or detection system;
(d) improve an existing fire alarm and/or detection system or upgrade it to current code requirements.
Prior to ordering any such installation, improvement, or upgrade, the Building Official shall provide the notice required by Section 102A.16.1.1.3 below and consult with the local fire code official. The local fire official shall approve any installation, improvement, or upgrade ordered by the Building Official.
(Added by Ord. 267-18, File No. 180756, App. 11/9/2018, Eff. 12/10/2018)
102A.16.1.1.3 Warning Statements and Letter Prior to Issuance of Fire Life Safety Notice and Order. Each NOV or Administrative Order issued pursuant to Sections 102A.4 and 102A.7 of this Code that includes a fire safety violation shall provide information about Section 102A.16.1 et seq. and the consequences for not abating fire safety violations within the specified compliance period. In addition, prior to issuance of a Fire Life Safety Notice and Order, the Building Official shall send a letter by regular and certified mail to the building owner at the address listed with the Assessor-Recorder’s Office and to the persons or entities listed in Section 102A.16.1.2(b) below informing them that because the building has been cited with two or more fire-safety related NOVs and Administrative Orders under Sections 102A.4 and 102A.7 of this Code, the owner is a potential recipient of a Fire Life Safety Notice and Order.
(Added by Ord. 267-18, File No. 180756, App. 11/9/2018, Eff. 12/10/2018)
(a) The Fire Life Safety Notice and Order shall:
(1) be signed by the Building Official;
(2) set forth the street address of the building and a description of the building or property sufficient for identification;
(3) identify each code violation that the Building Official has determined is a fire hazard substantially endangering the health and safety of the residents and/or the general public;
(4) specify the fire safety installation, improvement, and/or upgrades required; and
(5) contain time frames required for compliance with the Notice and Order.
(b) The Building Official shall serve the Fire Life Safety Notice and Order by certified mail on the building owner(s) at the address listed with the Assessor-Recorder’s Office, and shall send a copy by certified mail to:
(1) the person, if any, in real or apparent charge and control of the premises involved;
(2) the holder of any mortgage, deed of trust, lien, or encumbrance of record; and
(3) the owner or holder of any other estate or interest in the building or property, or the land on which it is located.
(c) The Building Official shall post a copy of the Fire Life Safety Notice and Order in a conspicuous place on the subject property and either mail or deliver a copy to the resident(s) of each unit on the subject property.
(d) Unless the building owner demonstrates to the Building Official’s satisfaction that the owner has made substantial progress in complying with the Fire Life Safety Notice and Order, if the building owner has not complied with said Notice and Order according to the required time frames the Building Official shall schedule an Administrative Hearing to be held no later than 14 days after the compliance deadline.
(e) If an Administrative Hearing is held, a designee of the Building Official shall attend the hearing, which shall be conducted by a designated Hearing Officer. A written decision signed by the Building Official shall be issued no later than 30 days after the hearing.
(Added by Ord. 267-18, File No. 180756, App. 11/9/2018, Eff. 12/10/2018)
102A.16.1.3 Appeals. A Fire Life Safety Notice and Order may be appealed to the Abatement Appeals Board pursuant to the provisions of Section 105A.2 of this Code; provided, however, that
(a) an appeal of a Fire Life Safety Notice and Order shall be scheduled for hearing within 14 days after the date of filing the appeal, and
(b) if the Abatement Appeals Board had heard an appeal of any previously-issued Order of Abatement pursuant to Section 102A for substantially the same code violations as are cited in the Fire Life Safety Notice and Order, and the Abatement Appeals Board had upheld the Order of Abatement in whole or substantial part, the decision of the Abatement Appeals Board shall be effective immediately upon issuance of the Board’s findings and decision with no right to request rehearing.
(Added by Ord. 267-18, File No. 180756, App. 11/9/2018, Eff. 12/10/2018)
102A.16.1.4 Recording of final Notice and Order; referral to City Attorney. Upon issuance of the Abatement Appeals Board decision, a copy of the final Fire Life Safety Notice and Order shall be recorded in the Assessor-Recorder’s Office. The Department shall refer the case to the City Attorney for its review and possible action within 90 days after recording said Notice and Order.
(Added by Ord. 267-18, File No. 180756, App. 11/9/2018, Eff. 12/10/2018)
102A.17 Assessment of Costs. The Building Official shall take action to have the costs of all work done or caused to be done pursuant to the provisions of Section 102A.14 or Section 102A.16 assessed against the parcel or parcels of land upon which said building, structure, property or portion thereof is situated. Such costs shall include, in addition to the cost of barricading, securing, repairing, or demolishing the building and the clearing of the site, the cost to the City and County of San Francisco of administration and supervision of such work. See Section 110A, Table 1A-K – Penalties, Hearings, Code Enforcement Assessments – for applicable rates.
102A.18 Report of Costs, Notice of Hearing on Confirmation.
102A.18.1 Preparation of delinquency report. If any penalty or assessment imposed pursuant to Section 102A is not received within the required time period, the Building Official shall initiate proceedings to make the penalty or assessment, plus accrued interest, a special assessment lien against the real property which is the subject of the penalty or assessment. The Building Official shall prepare a delinquency report for the Board of Supervisors. For each delinquent account, the report shall contain the owner's name, the amount due, including interest, and a description of the real property. The report shall also indicate which of the delinquent accounts should be exempted from the lien procedure because of the small amounts involved, or because another debt collection procedure is more appropriate. The descriptions of the parcels shall be those used for the same parcels on the Recorder/Assessor's Office records for the current year.
102A.18.2 Notice. Five days prior to forwarding the delinquency report to the Board of Supervisors, the Building Official shall serve copies of the report in the manner prescribed in Section 102A.4 and shall post the report at the subject properties. Upon receipt of the report, the Board of Supervisors shall fix a time, date and place for hearing the report and any protests or objections thereto, and shall mail notice of the hearing not less than ten days prior to the date of hearing to each owner of real property described in the report.
102A.19 Hearing and confirmation of report for special assessment of costs.
102A.19.1 Hearing and confirmation. The Board of Supervisors shall hold a hearing on the report along with protests or objections by the representatives of the real property liable to be assessed for such delinquent accounts. The Board of Supervisors may make such revisions, corrections, or modifications of the report as it may deem just, after which, by motion or resolution, the report shall be confirmed. The Board of Supervisor's decision on the report and on all protests or objections thereto shall be final and conclusive and shall constitute confirmation of the report; provided, however, that any delinquent account may be removed from the report by payment in full at any time prior to confirmation of the report. The Clerk of the Board of Supervisors shall cause the confirmed report to be verified in form sufficient to meet recording requirements.
102A.19.2 Collection of assessment. Upon confirmation of the report by the Board of Supervisors, the delinquent charges contained therein shall constitute a special assessment against the property identified in the report. Each such assessment shall be subordinate to all existing special liens previously imposed upon such property and shall be paramount to all other liens except those for State, County and municipal taxes with which it shall be in parity. The lien shall continue until the assessment and all interest due and payable thereon are paid. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to said special assessment.
102A.19.3 Recordation charges. The Clerk of the Board of Supervisors shall cause the confirmed and verified report to be recorded in the Assessor- Recorder's Office within 10 days of its confirmation. The special assessment lien on each parcel or property described in said report shall include additional charges for administrative expenses. See Section 110A, Table 1A-K – Penalties, Hearings, Code Enforcement Assessments – for Lien Recordation charges.
102A.19.4 Filing with Controller and Tax Collector; distribution of proceeds. After the report is recorded, the Clerk of the Board of Supervisors shall file a certified copy with the Controller and Tax Collector, whereupon it shall be the duty of said officers to add the amount of said special assessment to the next regular bill for taxes levied against said parcel or parcels, and thereafter said amount shall be collected at the same time and in the same manner as ordinary taxes are collected for the City and County of San Francisco, and shall be subject to the same penalties and the same procedures for foreclosure and sale in case of delinquency as is provided for property taxes.
102A.19.5 Release of lien, recording fee. Upon pay- ment to the Tax Collector of the special assessment, the Tax Collector shall cause a release lien to be recorded with the Assessor-Recorder’s Office, and from the sum collected pursuant to Section 102A.19.3 above, shall pay to the Assessor-Recorder’s Office the required recording fee.
102A.20 Continuance of Gas and Electricity. In the event that electricity or gas service to a building, structure, property, or portion thereof is about to be discontinued by the utility company for nonpayment of bills, the Building Official, through the issuance of an Emergency Order, may order that the utility company continue said service to protect the life, health and safety of the occupants. Said order shall be issued pursuant to the provisions of Section 102A.16 of this code and shall remain in force for six months, unless otherwise specified by the Building Official.
The funds for the continuance of said services shall be provided from the Repair and Demolition Fund. Said costs and administrative costs incurred by the City and County of San Francisco shall be assessed against the parcel or parcels of land upon which said building, structure or property is situated. See Section 110A, Table 1A-K – Penalties, Hearings, Code Enforcement Assessments – for applicable rate.
If payment is not received from the property owner within the required time period, a Report of Costs pursuant to Section 102A.18 shall be prepared for all such costs. Submittal, confirmation, recordation and collection of the special assessment shall follow the procedures provided in Section 102A.19.
The provisions of Section 102A.20 shall only apply to buildings, structures, property, or portions thereof for which the owner, and not the tenant, is responsible for payment of said utility bills.
It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building, structure, property, or portions thereof or cause or permit the same to be done in violation of this code.
Any person, the owner or the owner's authorized agent, who violates, disobeys, omits, neglects, or refuses to comply with, or resists or opposes the execution of any of the provisions of this code, shall be liable for a civil penalty, not to exceed $500 for each day such violation is committed or permitted to continue, which penalty shall be assessed and recovered in a civil action brought in the name of the people of the City and County of San Francisco by the City Attorney in any court of competent jurisdiction. Any penalty assessed and recovered in an action brought pursuant to this paragraph shall be paid to the City Treasurer and credited to the Department's Special Fund.
Any person, the owner or the owner's authorized agent, who violates, disobeys, omits, neglects, or refuses to comply with, or who resists or opposes the execution of any of the provisions of this code, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding $500, or by imprisonment not exceeding six months, or by both such fine and imprisonment, unless otherwise provided in this code, and shall be deemed guilty of a separate offense for every day such violation, disobedience, omission, neglect or refusal shall continue. Any person who shall do any work in violation of any of the provisions of this code, and any person having charge of such work who shall permit it to be done, shall be liable to the penalty provided.
It shall be unlawful for any person to interfere with the posting of any notice provided for in this code, or to tear down or mutilate any such notice posted by the Department.
103A.1 Pursuant to Health and Safety Code Section 13112, any person who violates any order, rule or regulation of the state fire marshal is guilty of a misdemeanor punishable by a fine of not less than $100.00 or more than $500.00, or by imprisonment for not less than six months, or by both. A person is guilty of a separate offense each day during which he or she commits, continues or permits a violation of any provision of, or any order, rule or regulation of, the state fire marshal as contained in this code.
Any inspection authority who, in the exercise of his or her authority as a deputy state fire marshal, causes any legal complaints to be filed or any arrest to be made shall notify the state fire marshal immediately following such action.
103A.2 Actions and proceedings. Subject to other provisions of law, California Code of Regulations, Title 25, Division 1, Chapter 1 commencing with Section 1 and Health and Safety Code, Sections 17980 through 17995.5 address punishments, penalties and fines for violations of building standards in structures subject to the State Housing Law.
103A.2.1 Actions and proceedings. Subject to other provisions of law, California Code of Regulations, Title 25, Division 1, Chapter 2 commencing with Section 1000 and Health and Safety Code, Section 18700 addresses punishments, penalties and fines for violations of building standards subject to the Mobilehome Parks Act.
103A.2.2 Actions and proceedings. Subject to other provisions of law, California Code of Regulations, Title 25, Division 1, Chapter 1 commencing with Section 600 and Health and Safety Code, Sections 17060 through 17062.5 address punishments, penalties and fines for violations of building standards subject to the Employee Housing Act.
103A.3 Restrictions of unlawful residential demolition replacement.
103A.3.1 Demolition without permit. Whenever the demolition of any building or structure containing one or more residential units takes place without the issuance of a demolition permit as required by this code, the site on which the unlawful demolition occurred shall be subject to the following restriction: For five years from the date of the unlawful demolition, no permit authorizing the construction or alteration of any building or structure for that site shall be issued, except for a permit for the construction or alteration of a building or structure with the same number of residential units, with the same proportion of residential to nonresidential units, and with the same or fewer square feet as the building or structure that was unlawfully demolished.
103A.3.2 Definitions. For the purposes of this section, the following definitions shall apply:
DEMOLITION means the total tearing down or destruction of a building containing one or more residential units, or any alteration which destroys or removes, as those terms are defined by the Building Official of the Department of Building Inspection, principal portions of an existing structure containing one or more residential units.
PRINCIPAL PORTION means that construction which determines the shape and size of the building envelope (such as the exterior walls, roof and interior bearing elements), or that construction which alters two-thirds or more of the interior elements (such as walls, partitions, floors or ceilings).
RESIDENTIAL UNIT means any dwelling unit, as defined in this code, or any guest room, as defined in the San Francisco Housing Code, other than the following:
1. Any guest room in a building classified as a residential hotel pursuant to the Residential Hotel Unit Conversion and Demolition Ordinance
2. Any residential unit in a building where the demolition or alteration is required to comply with this code, the
Housing Code
or the City .
103A.3.3 Hearing. The Building Official shall hold a hearing within a reasonable period of time after discovering that an unlawful demolition may have taken place. The Building Official shall cause notice to be given to the owners of the affected property, and to the owners and occupants of property on the same block as the affected property's site and across the street from the site for one block (that is, on lots which abut the same street as that which abuts the site to the nearest intersections on either side of the site), using the names and addresses of the owners as shown on the last assessment rolls of the City and County of San Francisco. For corner lots, notice shall be provided to the owners and occupants of property on the same block as the affected property's site and for one block along both streets which the lot abuts (that is, on lots which abut the two streets which the site abuts to the nearest intersection on either side of the site) and, in addition, to the other corner lots at the intersection where the site is located. Notice may be given either by personal service or any mail, not less than 30 days before the scheduled date of the hearing. Immediately after giving such notice, the Building Official shall cause a copy of the notice, printed on a card of not less than 8 inches by 10 inches (203.2 mm × 254 mm), to be posted in a conspicuous place on the affected property. The notice shall specify the date and nature of the hearing and that the following issues will be determined at the hearing: whether an unlawful demolition has taken place as described in Sections 103A.3.1 and 103A.3.2, and, if so, the number of residential units that existed on the site, the proportion of residential to nonresidential units that existed on the site and the total square feet of the building or structure that existed on the site. Upon determination that an unlawful demolition has taken place, the Building Official shall promptly record a notice in the official records of the Recorder of the City and County of San Francisco; the recorded notice shall state that the property is subject to the restrictions set forth in Section 103A.3.1 of this code.
Upon determination that an unlawful demolition has taken place, the Building Official shall assess the owner all costs incurred by the City and County of San Francisco in detecting violations of this section and conducting the Building Official's hearing by sending a notice of payment due to the property owner at the address shown on the City's last assessment rolls. The notice shall list the costs incurred by the City in detecting violations of the ordinance and conducting the Building Official's hearing, advise the owner that he or she is liable for these costs and advise the owner that payment to the City is due within 60 days of the mailing date of the notice. The notice shall also advise that, if payment of the costs is not received within 30 days of the due date, a lien may be imposed on the property pursuant to the report and confirmation procedure set forth in Sections 102A.18 and 102A.19 of this code.
103A.3.4 Civil penalties. Any agent, contractor or other person acting on behalf of the owner of a building or structure containing one or more residential units who causes or permits the demolition of the building or structure with the knowledge that a demolition permit has not been issued as required by this code shall be subject to a civil penalty of $5,000. Any owner who causes or permits the demolition of his or her building or structure containing one or more residential units with the knowledge that no demolition permit has been issued as required by this code shall be subject to a civil penalty of $1,000.
103A.3.5 Penalties nonexclusive. The penalties set forth in this section are not exclusive, but are in addition to any other penalties set forth in this code.
103A.4 Vacant or abandoned buildings – Annual registration; registration fee; maintenance and security requirements.
103A.4.1 Definition. A building shall be defined as a vacant or abandoned if it (1) is unoccupied and unsecured; or (2) is unoccupied and secured by boarding or other similar means; or (3) is unoccupied and unsafe as defined in Section 102A
of this Code; or (4) is unoccupied and has multiple code violations; or (5) has been unoccupied for over 30 days. A building which is partially unoccupied and has been cited for blight under of the San Francisco , shall also be deemed a vacant or abandoned building that is subject to this Section. Commercial Storefronts, as defined in Section 103A.5.1 of this Code, located within vacant or abandoned buildings shall be subject to the enforcement provisions in Sections 103A.5-103A.5.6 of this Code.
For purposes of this Section 103A.4. a building shall not be considered vacant or abandoned if:
(1) There is a valid building permit for repair, rehabilitation, or construction of a building on the parcel and the owner completes the repair, rehabilitation, or construction within one year from the date the initial permit was issued; or
(2) The building complies with all codes, does not contribute to blight as defined in of the San Francisco , is ready for occupancy, and is actively being offered for sale, lease, or rent.
(3) The building complies with all codes, does not contribute to blight as defined in of the San Francisco , and is undergoing a probate process that does not exceed two years. Upon expiration of the two-year period, the building shall become subject to the requirements of Section 103A.4.
103A.4.2 Property owner's obligation to register a vacant or abandoned building. The owner of a building defined as vacant or abandoned under Section 103A.4.1 shall register that building with the Department 30 days after it has become vacant or abandoned on a form provided by the Department. The form shall describe the methods by which the owner has secured the property against unauthorized entry, declare any future plans for the property, state whether or not there is fire and liability insurance coverage, and provide such other information as the Department may require. A registration fee shall be paid at the time of registration and annually thereafter. See Section 110A, Table 1A-J for applicable fee.
103A.4.3 Notice. Whenever the Director has probable cause to believe, based upon an inspection, complaint, or report from another agency of the City and County of San Francisco or other governmental agency, that a building is vacant or abandoned and it has not been registered as required by this Section 103A.4, the Director shall serve the owner of record, as shown on the Assessor's Records, or authorized agent with a written notice requiring the owner to register the building with the Department as vacant or abandoned and pay the registration fee within the period of time specified in the notice, which shall be no greater than 30 days.
103A.4.4 Sign posting. The owner of record of the vacant or abandoned building is required to post a sign at the front of the building, in a conspicuous location protected from the weather, that provides the current name, address, and phone number of the owner of record and authorized agent if different from the owner. If a notice of default or foreclosure has been recorded for the property, the lender's name, address, and telephone number must also be provided. The sign shall be no smaller than 8-1/2 inches by 11 inches.
103A.4.5 Maintenance and security requirements. The following maintenance and security requirements shall apply to a vacant or abandoned building. The Director has the discretion to modify these requirements in the case of a partially vacant building, and to modify or waive some or all of these requirements in the case of a building that has been damaged by fire, a natural disaster, or other calamity.
103A.4.5.1 Maintenance of property – exterior. The property owner shall actively maintain and monitor the exterior of the building and the grounds so that they remain in continuing compliance with all applicable codes and regulations, and do not contribute to and are not likely to contribute to blight as defined in of the . Active maintenance and monitoring shall include, but not be limited to:
(1) Maintenance of landscaping and plant materials in good condition;
(2) Regular removal of all exterior trash, debris, and graffiti;
(3) Maintenance of the exterior of the building in a good condition that is structurally safe and preserves the physical integrity of the structure, including but not limited to paint and finishes, foundation, roof, chimneys, flues, gutters, downspouts, scuppers, flashing, skylights, windows, exterior stairs and decks;
(4) Prevention of criminal activity on the premises and trespass by unauthorized persons; and
(5) Turning off all utilities that are not necessary for the upkeep and maintenance of the building.
103A.4.5.2 Maintenance of property – interior. The property owner shall preserve the interior of the building from damage by the elements or plumbing leaks, and keep it free from accumulation of garbage and other debris, and from infestation by rodents, insects, or other pests.
103A.4.5.3 Security. The building shall be secured against unauthorized entry. The methods of security shall be as approved by the Director, who shall take into consideration whether the property has been cited for nuisance activities or criminal conduct by another department of the City and County of San Francisco or other government agency.
103A.4.6 Insurance. The owner of record shall maintain whatever fire and liability insurance coverage the Director determines is necessary. Any insurance policy shall require notice to the Department in the event of cancellation of insurance or a reduction in coverage.
103A.4.7 Violation a public nuisance; enforcement. A property in violation of the provisions of this section is deemed to be a public nuisance and subject to enforcement by the Department and penalties under Section 102A and 103A of this Code or under other applicable sections of the San Francisco Municipal Code.
103A.5 Vacant or Abandoned Commercial Storefronts – Annual Registration; Registration Fees; Maintenance and Security Requirements.
COMMERCIAL STOREFRONT.
A Commercial Storefront shall be any area within a building that may be individually leased or rented for any purpose other than Residential Use as defined in Sections and .
VACANT OR ABANDONED.
A Commercial Storefront shall be Vacant or Abandoned if it (1) is unoccupied and unsecured; or (2) is unoccupied and secured by boarding or other similar means; or (3) is unoccupied and unsafe as defined in Section 102A of this Code; or (4) is unoccupied and has multiple code violations; or (5) has been unoccupied for over 30 days. Notwithstanding the foregoing sentence, a Commercial Storefront shall not be considered Vacant or Abandoned if
(1) There is a valid building permit for repair, rehabilitation, or construction of the Commercial Storefront and the owner completes the repair, rehabilitation, or construction within one year from the date the initial permit was issued, unless the Department, in its sole discretion, determines that the owner needs additional time to complete the repair, rehabilitation, or construction of the Commercial Storefront; or
(2) The owner or leaseholder has filed an application for, and is actively seeking to obtain, authorization, permits, or a license required by state or local law permitting the lawful use and occupancy of the Commercial Storefront.
(Amended by Ord. 52-19, File No. 181213, App. 3/22/2019, Eff. 4/22/2019)
103A.5.2 Property owner’s obligation to register a vacant or abandoned commercial storefront; registration fee. The owner of a Vacant or Abandoned Commercial Storefront shall, within 30 days after it has become vacant or abandoned, register the Commercial Storefront with the Department on a form provided by the Department. The form shall describe the methods by which the owner has secured the Commercial Storefront against unauthorized entry, provide a contact phone number for the Commercial Storefront owner or party responsible for maintenance of the Commercial Storefront, state the most recent legal use of the Commercial Storefront, state the square footage of the Commercial Storefront, declare any future plans for the Commercial Storefront, state whether there is fire and liability insurance coverage, and provide such other information as the Department may require. The owner shall pay an annual registration fee, which shall be due when the owner submits the registration form to the Department (“registration payment deadline”). The registration payment deadline will serve as the date for subsequent annual renewals of registration each year the Commercial Storefront remains Vacant or Abandoned (“annual renewal date”). The annual registration fee shall be paid on or before the annual renewal date. However, if the owner rents the Commercial Storefront to a tenant who occupies the premises in a manner that complies with all provisions of state and local law prior to the registration payment deadline, the Commercial Storefront shall be removed from the Department’s registry and the owner shall be refunded up to half of the registration fee based on any remaining days before the Commercial Storefront’s annual renewal date. The registration fee shall be equal to the amount due under Section 103A.4.2 of this Code. See Section 110A, Table 1A-J for applicable fees.
(Amended by Ord. 52-19, File No. 181213, App. 3/22/2019, Eff. 4/22/2019)
103A.5.3 Annual Report. The owner of a registered Vacant or Abandoned Commercial Storefront shall provide a report from a licensed professional confirming the storefront’s interior and exterior has been maintained, as specified in Sections 103A.4.5.1 and 103A.4.5.2 of this Code (“annual report”). The annual report shall be provided to the Department when the owner renews the storefront’s registration and pays the annual renewal fee.
(Added by Ord. 52-19, File No. 181213, App. 3/22/2019, Eff. 4/22/2019)
103A.5.4 Maintenance of vacant or abandoned commercial storefront registry. The Department shall maintain a registry of all Vacant or Abandoned Commercial Storefronts within the City and shall furnish a copy of the registry to the Office of Economic and Workforce Development at least once per fiscal quarter.
(Formerly Sec. 103A.5.3; redesignated by Ord. 52-19, File No. 181213, App. 3/22/2019, Eff. 4/22/2019)
103A.5.5 Notice. Whenever the Director has probable cause to believe, based upon an inspection, complaint, or report from another agency of the City or other governmental agency, that a Commercial Storefront is Vacant or Abandoned and has not been registered as required by Section 103A.5.2, the Director shall serve the owner of record, as shown on the Assessor’s Records, or authorized agent with a written notice requiring the owner to register the Commercial Storefront with the Department as Vacant or Abandoned and pay the registration fee within the period of time specified in the notice, which shall be no greater than 30 days. The Department shall issue a Notice of Violation (“NOV”) pursuant to Section 102A.4 of this Code to owners that fail to register within the period of time specified in the notice. See Section 1101
, Table 1A-K, Failure to register vacant commercial storefront, for the applicable penalty.
(Formerly Sec. 103A.5.4; redesignated and amended by Ord. 52-19, File No. 181213, App. 3/22/2019, Eff. 4/22/2019)
CODIFICATION NOTE
1. So in Ord. 52-19.
103A.5.6 Sign posting, maintenance, security, and insurance. All requirements listed in Sections 103A.4.4-103A.4.6 of this Code shall also apply to Vacant or Abandoned Commercial Storefronts. All such requirements shall be fulfilled by the owner within 30 days of the Commercial Storefront becoming Vacant or Abandoned, or within 30 days of the issuance of notice to register.(Formerly Sec. 103A.5.5; redesignated and amended by Ord. 52-19, File No. 181213, App. 3/22/2019, Eff. 4/22/2019)
103A.5.7 Violation a public nuisance; enforcement. A Commercial Storefront in violation of this Section 103A.5, including Sections 103A.5.1-103A.5.7, is deemed to be a public nuisance and subject to enforcement by the Department and penalties under Sections 102A and 103A and Section 1101
, Table 1A-K of this Code or other applicable sections of the Municipal Code.(Formerly Sec. 103A.5.6; redesignated and amended by Ord. 52-19, File No. 181213, App. 3/22/2019, Eff. 4/22/2019)
CODIFICATION NOTE
1. So in Ord. 52-19.
Loading...