SECTION 102A – UNSAFE BUILDINGS, STRUCTURES OR PROPERTY

   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 207.3.

EXCEPTIONS:

   1.   Removal of the unit has been approved by the Planning Commission pursuant to Planning Code Section 317; or

   2.   After performing a screening under Section 106A.3.1.3(a) of this Code, the Department has determined that the unauthorized Dwelling Unit is not able to be legalized under Section 106A.3.1.3 of this Code; 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.

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.

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)

102A.16.1.2  Notice and Hearing Procedures.  All the notice and hearing procedures set forth in Sections 102A.4 through 102A.7 shall apply to a Fire Life Safety Notice and Order, except as that procedure may be modified below.

   (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.