(a) Complaints from the Public. The 311 Customer Relationship Management System is designated to receive complaints from the public and to maintain an interagency complaint log. The 311 System shall route individual public complaints to the department(s) or agency(ies) with jurisdiction in order for those departments or agencies to verify complaints regarding the Shared Space Program or a particular Shared Space and take any necessary enforcement actions. Public Works shall develop, and Permittees shall be required to post on their Shared Space in a visible location, a public notice in English, Filipino, Spanish, and Chinese, which directs members of the public on how to file complaints with San Francisco 311, along with any relevant information pertaining to required disability access at the Shared Space. The 311 System should provide complainants updates on the status of the complaint and where applicable, how the issue was abated or why complaint was closed by the responsive agency.
(b) Inspection. Throughout the year, and at a minimum interval of every other month, the Core City Agencies shall conduct rolling audits of Shared Spaces located in commercial corridors to check for compliance and take necessary enforcement actions on their findings. The audits should focus on Shared Spaces located in commercial corridors.
(c) Enforcement of Shared Space Permit Requirements.
(1) Each Core City Agency shall enforce the requirements of the Shared Space Permits that are within its jurisdiction. Public Works shall be the primary point of contact for any enforcement action pertaining to a Sidewalk or Curbside Shared Space; MTA shall be the primary point of contact for any enforcement action pertaining to a Roadway Shared Space; and the Division of Real Estate shall be the primary point of contact for any enforcement action pertaining to a City Lot Shared Space. Enforcement may be exercised either by (A) using the procedures of Section 94A.5 to modify conditions of the issued permit, or to withdraw approval of the permit by severance or revocation, or (B) using the enforcement provisions of the Code that regulates its activities: the Public Works Code for Public Works; the Transportation Code for the MTA; the Planning Code for private property; and the Police Code for the Entertainment Commission. Enforcement by the Director of Real Estate is set forth in subsection (c)(2) below. Until April 1, 2023, the issuance of administrative fines or penalties shall be limited to: enforcing access requirements for emergency responder personnel, and people with disabilities, including but not limited to unobstructed access to the sidewalk, maintenance of an accessible route with diverters, accessible tables, the provision of an appropriate platform threshold and, when provided, ramps that meet accessibility requirements; ensuring visibility (daylighting) at intersections identified in the Vision Zero High-Injury Network; and requiring removal of abandoned structures. Beginning on April 1, 2023, this limit shall expire by operation of law and administrative fines and penalties may be issued to ensure compliance with the Program in all respects.
(2) The Director of Real Estate shall establish administrative procedures and methods for verifying, addressing, and responding to any complaints concerning a City Lot Shared Space. If the Director receives a verified complaint concerning violations of the terms and conditions of a Permittee’s City Lot Shared Space Permit, the Director may conduct a public hearing on the Permittee’s conduct. Based on the information presented at the hearing, the Director may revoke, suspend, modify, or condition the Shared Space Permit or take any other action the Director deems appropriate under the terms of the Shared Space Permit to address the Permittee’s conduct.
If any person occupies a City Lot Shared Space in violation of the applicable requirements and regulations, the Director of Real Estate shall order the violator to either correct the violation or vacate the Shared Space site. If the violation is not corrected as ordered, the violator shall be subject to enforcement pursuant to the Police Code.