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As used in this Chapter 23, the following initially capitalized terms shall have the meanings ascribed to them in this Section 23.2:
“Acquire” shall mean to acquire, accept, purchase, or exchange an easement or fee title in Real Property. “Acquisition” shall have a correlative meaning.
“Appraisal” shall mean a written opinion of value, as defined by the most recent version of USPAP, that is prepared for or received by the City, is prepared by a Qualified Appraiser, and conforms with USPAP appraisal guidelines.
“Appraisal Review” shall mean a written opinion about the quality of a Qualified Appraiser's work performed as part of an Appraisal that conforms with applicable USPAP appraisal review guidelines. An Appraisal Review shall be conducted by a Reviewer and include a summary of the reasons and findings for recommending or not recommending the subject Appraisal for approval.
“City” shall mean the City and County of San Francisco.
“Charter” shall mean the Charter of the City and County of San Francisco.
“Code” shall mean the Administrative Code of the City and County of San Francisco.
“Competitive Bidding Process” or “Competitive Bidding Procedures” shall mean a request for proposals, request for qualifications, or other publicly noticed competitive solicitation with specified criteria for selection.
“Convey” shall mean to convey, sell, transfer, grant, or relinquish an easement or fee title in Real Property. "Conveyance" shall have a correlative meaning.
“Convey” shall mean to convey, sell, transfer, grant, or relinquish an easement or fee title in Real Property. “Conveyance” shall have a correlative meaning.1
“Government Entity” has the meaning set forth in Administrative Code Section 1.25(d), as may be amended from time to time.
“Lease” shall mean a lease, sublease, or other means of granting a right to occupy or use Real Property, and shall also include a license, permit to enter, use permit, or other similar instrument.
“Market Rent” shall mean the most probable rent that a Real Property should bring in a competitive and open market reflecting all conditions and restrictions of the lease agreement.
“Qualified Appraiser” shall mean a person who is expected to perform valuation services competently and in a manner that is independent, impartial, and objective, holds a certified general license issued by the California Bureau of Real Estate Appraisers and the designation of MAI from the Appraisal Institute, and has five or more years of recent experience appraising real estate of the same type and in the same city, county, or wider area, as applicable, as the subject Real Property.
“Real Estate Department” shall mean the Real Estate Division of the Department of Administrative Services.
“Real Property” shall mean any real property interest in land or improvements, including an easement, Lease, or fee interest.
“Reviewer” shall mean a Qualified Appraiser who performs Appraisal Reviews.
“USPAP” shall mean the current edition of the Uniform Standards of Professional Appraisal Practice in effect on the date of an Appraisal or Appraisal Review.
(Former Sec. 23.2 repealed by Ord. 15-01, File No. 001965, App. 2/2/2001)
CODIFICATION NOTE
1. So in Ord. 107-24.
The Director of Property may Convey any Real Property owned by the City upon recommendation of the department responsible for the administration of such Real Property, excepting park lands pursuant to Charter Section 4.113(2) or where a Conveyance of such Real Property would violate the terms of any gift, trust, deed restriction, bond covenant, or other covenant or restriction under which the City holds the Real Property. Such Conveyance may be made after the Board of Supervisors, by resolution, determines that the public interest or necessity demands, or will not be inconvenienced by, such Conveyance, and approves the Conveyance. The Board of Supervisors may authorize such Conveyance by resolution without advertisement, public auction, or Competitive Bidding Process if it determines that an advertisement, public auction, or Competitive Bidding Process is impractical, impossible, or is otherwise not in the public interest, including, for example only and not by way of limitation, when the Real Property is not capable of independent development, will be exchanged for other Real Property, or when the Board determines that a negotiated direct Conveyance of the Real Property will further a proper public purpose.
Before the Board of Supervisors approves a Conveyance, the Director of Property shall appraise the fair market value of such Real Property based on a review of available and relevant data and give the notices required by California Government Code Section 54220 et seq., Administrative Code Chapter 23A, or any other applicable provision of state law. Before the Board of Supervisors approves any Acquisition of Real Property that is not a donation of Real Property, the Director of Property shall determine the fair market value of such Real Property based on a review of available and relevant data.
If the Director of Property determines the fair market value of Real Property that the City intends to Acquire or Convey exceeds $10,000 and the proposed Acquisition is not a donation, the Director of Property shall obtain an Appraisal for the Real Property. If the Appraisal determines the fair market value of the Real Property exceeds $200,000, the Director of Property shall obtain an Appraisal Review for such Appraisal. Any Appraisal and Appraisal Review shall have an effective date of value that is not earlier than nine months before the date legislation for the proposed Acquisition or Conveyance is submitted to the Board of Supervisors. Notwithstanding anything to the contrary in this Section 23.3, to preserve Affordable Housing, the Director of MOHCD and the Director of Property are authorized to Acquire any Real Property without an Appraisal (1) through the exercise of rights and remedies under a deed of trust, deed in lieu of foreclosure, loan agreement, regulatory agreement, or other instrument securing the City’s interest in the Real Property, or (2) through negotiated contract or bid of Real Property that is to be sold through public auction, a judicial process, tax sale, or trustee sale.
The Director of Property shall also advertise by publication the proposed Conveyance if the Conveyance will be by public auction or Competitive Bidding Process, for no less than 30 days. Every Conveyance other than a sale at public auction or through a Competitive Bidding Process shall be for a sales price of at least 100% of the appraised value of such Real Property, except where the Board determines either that (a) a lesser sum will further a proper public purpose, or (b) based on substantial evidence in the record, the terms and conditions of such Conveyance are reflective of the fair market value of the Real Property notwithstanding the appraised value.
(Former Sec. 23.3 repealed by Ord. 15-01, File No. 001965, App. 2/2/2001)
The Director of Property and the Assistant Director of Property of the City are hereby each authorized to accept and consent to deeds or other instruments granting Real Property to the City that are (1) Acquired to preserve Affordable Housing, as set forth in Section 23.3, or (2) approved by the Board of Supervisors, and to sign the required certificate of acceptance relating thereto.
(Added by Ord. 15-01, File No. 001965, App. 2/2/2001; amended by Ord. 202-19, File No. 190679, App. 8/9/2019, Eff. 9/9/2019)
(Former Sec. 23.4 repealed by Ord. 15-01, File No. 001965, App. 2/2/2001)
The Real Estate Department shall be entitled to payment of reasonable expenses in connection with negotiating Leases, Conveyances, Acquisitions, managing City owned Real Property, consulting with departments, and incidental work performed under the provisions of this Chapter. The department concerned shall pay the Real Estate Department for such expenses by interdepartmental work order or other means.
(Added by Ord. 15-01, File No. 001965, App. 2/2/2001)
(Former Sec. 23.2 repealed by Ord. 15-01, File No. 001965, App. 2/2/2001)
The Board of Supervisors shall have power to Lease or Convey any public utility or any part thereof; provided that any resolution or other measure involving the Lease or Conveyance of any public utility or part thereof, excepting those Leases or Conveyances provided for in Sections 23.3 and 23.6 of this Code, or any ordinance granting any new franchise for the operation of any public utility whose franchise has expired, or is about to expire, must be referred and submitted to a vote of the electors of the City at the election next ensuing not less than 60 days after the adoption of such ordinance, and shall not go into effect until ratified by a majority of the voters voting thereon.
(Added as Sec. 23.6-3 by Ord. 439-96, App. 11/8/96; redesignated and amended by Ord. 15-01, File No. 001965, App. 2/2/2001)
(Former Sec. 23.6 repealed by Ord. 15-01, File No. 001965, App. 2/2/2001)
(Added by Ord. 439-96, App. 11/8/96; redesignated as Sec. 23.6 and amended by Ord. 15-01, File No. 001965, App. 2/2/2001)
Not less than 10 days prior to action by the Board of Supervisors approving a sale, transfer, or other conveyance of fee title to City-owned property, including but not limited to approval of a conveyance as part of the settlement of litigation, the Clerk of the Board shall work with City departments to make certain that the department having jurisdiction of the City-owned property shall cause notice of the proposed action t0 be given as follows:
(b) Written notice describing the proposed action shall be mailed to all owners and, to the extent practicable, occupants of properties within 150 feet of the Transfer Site in the same Assessor's Block and on the block face across from the Transfer Site. When the Transfer Site is a corner lot, the notification area shall further include all property on both block faces across from the Transfer Site, and the corner property diagonally across the street. The latest City-wide Assessor's roll for names and addresses of owners shall be used for such notice.
(c) Written notice describing the proposed action shall also be mailed to persons or organizations that have indicated an interest in the Transfer Site or its area by including their names on a list maintained by the Planning Department.
This notice requirement shall not apply to a transfer of jurisdiction between one City agency or department and another City agency or department.
Failure to comply with these notice requirements shall not invalidate conveyance of such property.
(Added by Ord. 25-04, File No. 031989, App. 2/19/2004)
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