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A permit to convert shall be denied by Director of the Department of Building Inspection if:
(b) The application is incomplete or contains incorrect information;
(c) An applicant has committed unlawful action as defined in this Chapter 41 within 12 months prior to the filing of a permit to convert application; or
(d) The proposed conversion or the use to which the unit would be converted is not permitted by the Planning Code.
*Editor’s Note:
Ord. 56-20 repealed Ord. 38-17, restoring the text of this Section as it existed prior to adoption of that ordinance, and then enacted amendments to that text.
The Director of the Department of Building Inspection shall issue a permit to convert, provided that:
(a) The requirements of Section 41.12 have been met;
(b) Evidence of compliance with the requirements of Section 41.13 has been submitted. Satisfactory evidence of compliance may be:
(1) A certification of final completion or permit of occupancy on the replacement housing; or
(2) A receipt from the City Treasurer that the in-lieu payment determined by the Department of Real Estate has been received; and
(3) Evidence of compliance with the requirements of Section 41.17 herein.
(c) The proposed conversion or the use to which the unit would be converted is permitted by the City Planning Code.
(d) Concurrent with the issuance of a permit to convert, the Director of the Department of Building Inspection shall issue a new certificate of use which shall state the newly certified number of residential units and tourist units.
(Added by Ord. 121-90, App. 4/12/90; amended by Ord. 134-01, File No. 001926, App. 7/6/2001)
(a) Denial or approval of a permit application may be appealed to the Board of Permit Appeals, pursuant to Sections 8 et seq. Part III of the San Francisco Municipal Code.
(b) The owner or operator shall submit a statement under the penalty of perjury that he has notified all the affected permanent residents of his appeal and of the date, time and place of the hearing before the Board of Permit Appeals, seven calendar days prior to the scheduled hearing.
(c) The appellant shall have the burden of proving that the determination of the Director of the Department of Building Inspection is invalid.
(Added by Ord. 121-90, App. 4/12/90; amended by Ord. 134-01, File No. 001926, App. 7/6/2001)
(a) To apply for a permit to convert, an owner or operator of the hotel shall do the following:
(1) Any interested community organization and all permanent residents residing in said building at the time of an application for a permit to convert and thereafter shall be timely informed of all public hearings and administrative decisions concerning said conversion; said notice shall be posted by the owner or operator;
(2) A permanent resident has the right to occupy his/her residential unit for 60 calendar days from the issuance of the permit to convert;
(3) Owner or operator shall offer a permanent resident available comparable units in the building, or to any replacement housing provided pursuant to Subsection 41.13(a)(1) or (2);
(4) All displaced permanent residents are entitled to relocation assistance as provided for in subsection (b) below;
(5) Seven calendar days prior to the filing of an application for a permit to convert, the owner or operator shall notify, in writing, by personal service, or registered or certified mail, every permanent resident affected by the proposed conversion of his/her intent to convert designated units;
(6) The notification required by Subsection (5) above shall also inform the permanent residents of their rights under Subsections (1) through (4) above.
(b) Relocation Assistance.
(1) A permanent resident, who as a result of the conversion of his/her unit must relocate off site, shall be reimbursed the actual moving expenses not to exceed $300 or may consent to be moved by the owner or operator.
(3) A permanent resident displaced by partially completed conversion under the provisions of Section 41.7(c) shall be entitled to a displacement allowance of $1,000 per displaced person.
(Added by Ord. 121-90, App. 4/12/90)
(a) This section shall apply only to demolition of residential hotel buildings pursuant to an abatement order of the Director of Public Works or the Superior Court of the State of California, or demolition necessitated by major fires, natural causes or accidents where the cost of repair exceeds 50 percent of the replacement value of the building.
(b) Upon submission of an application for a demolition permit, the owner or operator shall post a copy of said application.
(c) Upon notification by the Central Permit Bureau that a demolition permit has been issued, the owner or operator shall post a notice explaining the procedure for challenging the issuance of the demolition permit to the Board of Permit Appeals.
(d) When issued a demolition permit, the owner or operator shall provide a written notice of the demolition within 10 calendar days of issuance of the permit to each residential permanent resident. Each permanent resident shall be notified in writing of his/her rights to relocation assistance and to occupy the same unit for a period of up to 60 days after issuance of the demolition permit.
(e) The subsequent issuance of a building permit for construction on the demolished site shall be conditioned on the owner or operator's agreement to replace, on a one-for-one basis, the demolished residential units as required by the provisions of Section 41.13. No building permit shall be issued until owner or operator complies with the provisions of Section 41.13.
(f) The conditions for issuance of a demolition permit set forth in subsection (e) above shall be recorded by the owner at the time of issuance of the demolition permit in order to provide notice of said conditions to all subsequent purchasers and interested parties.
(Added by Ord. 121-90, App. 4/12/90)
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