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Upon receiving such notice it shall be the duty of the department, board, commission or person making the order or decision appealed from, to forthwith scrutinize the same and within three days notify the Board of Appeals, in writing, of the names and addresses of any known persons, firms, corporations or associations not named in the notice of appeal who or which opposed appellant in the matter in which the appeal is taken.
(Amended by Ord. 128-97, App. 4/9/97)
Upon receipt of notice of appeal it shall be the duty of the department, board, commission or person from whose decision the appeal is taken to transmit to the Board of Appeals the original application or complaint upon which the license or permit was granted, refused or revoked, and all affidavits, exhibits, letters, maps or other documents used upon the hearing before such department, board, commission or person. The application or complaint and all documents, exhibits and records forwarded therewith shall be returned to the department, board, commission or person from whose order or decision the appeal was taken, immediately after final decision by the Board of Appeals, with a statement of the decision of said Board, certified by the President or Vice-President and Secretary thereof.
(Amended by Ord. 128-97, App. 4/9/97)
(a) Court Reporter; Fees. The Board of Appeals shall designate a competent court reporter as official reporter of the Board. Except as provided in subsection (b) below, the reporter shall attend all hearings of the Board and shall take down by phonographic report all the testimony, the objections made, the rulings of the Board, and all statements and remarks made, oral instructions given by the Board and the voting on all cases heard by the Board. The fees for the reporter for reporting all of the proceedings and testimony as outlined above shall be a legal charge against the City and County of San Francisco.
When requested to do so by any party or parties in writing the official reporter must, within a reasonable time after the request has been made, transcribe such specific portions as may be requested and certify to the same as being correctly reported and transcribed. The fees for such transcription shall be at the expense of the party requesting the transcript thereof. The Board of Appeals shall approve the reporter's schedule of rates and fees for reporting and transcription services in connection with Board of Appeals' proceedings.
(b) Videotape or Audiotape of Proceedings as Administrative Record. In lieu of attendance at the hearing by a court reporter, the Board is authorized to use the Department of Telecommunications and Information Technology's Citywatch Cable Channel videotape of the Board's proceedings as the administrative record of the hearing. When requested to do so by any party or parties in writing, a copy of the videotape or such specific portions as may be requested must be provided by Citywatch within a reasonable time after the request has been made. The fee for such videotape copy shall be at the expense of the party requesting it. It shall be the burden of the party requesting the videotape to obtain at its own expense any transcription of the tape. If such a transcription is made, the party obtaining the transcription shall provide a copy to the Board for its records.
(Amended by Ord. 154-66, App. 7/6/66; Ord. 128-97, App. 4/9/97; Ord. 53-02, File No. 020319, App. 4/26/2002)
For appeals from decisions of the Planning Commission, the Zoning Administrator, the Building Inspection Commission, and the Planning and Building Departments, the following procedure shall be followed by staff to ensure that there is adequate legal advocacy on behalf of those departments in matters that involve important public policy or legal significance.
(1) Staff of the Board of Appeals shall send to the Deputy City Attorney who has been designated by the City Attorney to be counsel to the Planning Department and the Department of Building Inspection a copy of (1) the advance or draft agendas at regular intervals and the final agenda for each meeting as soon as it is prepared, (2) all Notices of Appeal within 5 working days of when they are received by the staff of the Board of Appeals; and (3) any brief submitted to the Board of Appeals immediately upon receipt by the staff of the Board of Appeals.
(2) The Zoning Administrator, Planning Department staff, and the Building Department staff member assigned to the Board of Appeals shall consult with their designated Deputy City Attorney concerning any appeals of decisions involving their respective commissions or departments.
(3) The department staff representative shall determine whether an appeal presents any issues of important public policy and the City Attorney's Office shall have the discretion to determine whether an appeal presents any issues of legal significance. The City Attorney's Office shall have the discretion to determine what level of participation by the City Attorney's Office is appropriate in order to defend the department's decision before the Board of Appeals. The applicable department will allow for the City Attorney's Office representation based on that determination.
The criteria used to make these determinations shall include, but not be limited to, whether the appeal:
(a) Challenges a decision of the Planning Commission or Building Inspection Commission;
(b) Challenges a Zoning Administrator interpretation of a provision of the Planning Code;
(c) Involves a matter that is likely to lead to litigation;
(d) Raises novel issues of law.
The services of the City Attorney's Office in advising and representing the Planning Department, including the Zoning Administrator, and Building Department in matters before the Board of Appeals shall be funded by those departments and not chargeable to the Board of Appeals.
(4) The Zoning Administrator, Planning Department staff, and the Building Department staff member assigned to the Board of Appeals shall ensure that Section 10 of the Business and Tax Regulations Code is complied with such that the complete record from the department whose decision is being appealed from shall be made available to each Commissioner at least one week before the hearing on the appeal. Any staff report that was prepared below shall be included in the packet for each hearing.
(Added by Ord. 253-06, File No. 061212, App. 10/11/2006)
Notices of hearing appeals shall be sent by the Secretary of the Board by United States mail to the appellant and all other parties interested as shown by the record of the Board at such time before the hearing as the rules of the Board may prescribe, and the certificate of the Secretary of mailing said notices shall be evidence thereof. In addition, notice of the hearing shall be sent to all owners and, to the extent practical, occupants of properties within 150 feet of the property that is the subject of the appeal in the same Assessor's Block and on the block face across from the subject property. When the subject property is a corner lot, notice shall further include all property on both block face across from the subject property, 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 said notice.
(Ord. 173-06, File No. 060143, App. 6-29-06)
Any person, firm, corporation, association or City and County department, board, commission or City and County official may file with the secretary of the Board of Appeals a request for notice of hearing of the appeal, and such person, firm, corporation, association, City and County department, board, commission or City and County official shall be added to the list of parties and thereafter receive notice of all proceedings before the Board as herein prescribed.
(Amended by Ord. 128-97, App. 4/9/97)
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