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(a) Consideration by Director-DPH for Placement in REAP. The Director-DPH may use the REAP process to abate lead hazards found in any building. Consideration of a placement of a building in REAP must take place no more than 10 days from the expiration of the period allowed for compliance with an order or citation issued by the citing department where the unsafe conditions listed on such order remain, or 90 days after the date such order or citation was issued, whichever occurs first. Funds available to abate lead hazards through the REAP process shall consist of all monthly rental deposits made into REAP accounts by eligible tenants and may also include monies made available for this purpose from the Health Code Article 11 abatement fund ("Payment of Property Owner's Delinquencies for Abatement and Removal of Nuisances").
Before any funds can be expended by the City, the Director shall review a description of the unsafe conditions, including their location within the premises, and any other information as required by such regulations as the Director-DPH may promulgate. In any actions or proceedings pursuant to this Chapter, a recommendation to use REAP shall not be invalidated solely because required information is not reviewed, is inaccurate or is incomplete.
(b) Notice of Decision to Use the REAP Process to Abate Lead Hazards. Within three days of deciding to use the REAP process to abate the lead hazards, the Director-DPH shall provide his/her decision in writing to: the landlord, tenants, any interested parties and any other person who has requested such notification.
(c) Manner of Giving Notice. Notice of the decision to utilize the REAP process may be given either by personal delivery to the landlord, or by deposit in the United States mail in a sealed envelope, postage prepaid, to the address known to the citing division or department, or if not known, to the address as shown on the last equalized assessment roll. Service by mail shall be deemed complete at the time of deposit in the United States mail. The failure of any landlord or other person to receive such notice shall not affect in any manner the validity of any of the proceedings or action taken hereunder. Proof of giving any such notice may be made by a declaration signed under penalty of perjury by any employee of the City.
(Added by Ord. 398-96, App. 10/21/96; amended by Ord. 328-00, File No. 001923, App. 12/18/2000)
Tenants may deposit their rental payments into a REAP account only after the Director-DPH has certified that the work necessary to abate the lead hazards in the unsafe residential unit has not been performed by the owner. Such certification shall be based on a written report by a citing department containing the following information: the estimate for the abatement work; the amount of monies available from the Health Code Article 11 abatement fund ("Payment of Property Owner's Delinquencies for Abatement and Removal of Nuisances"); those monies which are likely to be made available from the Health Code Article 11 abatement fund within the next month; and, the amount of money likely to be collected from rental deposits by tenants into REAP accounts pending completion of the anticipated abatement work. The Director-DPH shall make his or her decision to utilize the REAP at a particular building based on the information contained in this report and on any other factors which are reasonable under the circumstances.
The Director-DPH shall notify all affected tenants by mail of the utilization of REAP, including an explanation of how rental payments may be deposited into the account. A record of all deposits made by tenants shall be maintained by the Director-DPH. The Director-DPH shall provide, at least once a month for the duration of rent deposits into REAP accounts, a report to the landlord and the tenants concerning the activity in the REAP accounts, including but not limited to, provision for payment of reasonable administrative costs pursuant to Section 74.11. The records of such account(s) shall be reasonably available for public inspection.
(Added by Ord. 398-96, App. 10/21/96; amended by Ord. 328-00, File No. 001923, App. 12/18/2000)
Once the Director-DPH determines that the abatement of lead hazards can be performed with REAP funds and/or with funds from the Health Code Article 11 abatement fund ("Payment of Property Owner's Delinquencies for Abatement and Removal of Nuisances"), the landlord and all tenants shall be notified in writing that lead hazard abatement work will be performed on the unsafe residential units. Only the City or its duly hired independent contractor may utilize REAP funds and/or Health Code Article 11 abatement funds ("Payment of Property Owner's Delinquencies for Abatement and Removal of Nuisances") to perform the lead hazard abatement work.
(Added by Ord. 398-96, App. 10/21/96; amended by Ord. 328-00, File No. 001923, App. 12/28/2000)
Service on all persons entitled to a notice pursuant to this Chapter may be sent by first-class mail, postage prepaid. In addition, a copy of any notice shall be posted in a conspicuous place upon the building involved.
The tenants of the building shall be notified of the principal provisions of REAP, of the mechanism for voluntary payment of rent into the escrow account, and of their legal rights with respect to eviction under the provisions of this Chapter. Nothing in this Chapter enlarges, expands or creates rights for those tenants who would otherwise be exempt from the eviction provisions of Section 37.9 of the San Francisco Administrative Code.
The failure of any landlord or other person to receive such notice shall not affect in any manner the validity of any proceedings taken thereunder.
(Added by Ord. 398-96, App. 10/21/96)
Upon completion of lead hazard abatement pursuant to this Chapter, the Director-DPH shall determine whether monies accumulated through the REAP process are sufficient to cover the costs of the abatement, including administrative costs as provided in Section 74.11. If the monies accumulated by the REAP process are not sufficient to completely cover these costs of the abatement, the Director-DPH may recover the remainder of the costs in accordance with the lien procedures provided in Chapter 10, Article XX, San Francisco Administrative Code.
(Added by Ord. 398-96, App. 10/21/96; amended by Ord. 328-00, File No. 001923, App. 12/28/2000)
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