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San Francisco Overview
San Francisco Charter
San Francisco Administrative Code
ADMINISTRATIVE CODE
THE SAN FRANCISCO CODES
PREFACE TO THE ADMINISTRATIVE CODE
CHAPTER 1: GENERAL PROVISIONS
CHAPTER 2: BOARD OF SUPERVISORS
CHAPTER 2A: EXECUTIVE BRANCH
CHAPTER 2B: ASSESSMENT APPEALS BOARDS (TAX APPEAL BOARDS)
CHAPTER 3: BUDGET PROCEDURES
CHAPTER 4: CITY BUILDINGS, EQUIPMENT, AND VEHICLES
CHAPTER 5: COMMITTEES
CHAPTER 6: PUBLIC WORKS CONTRACTING POLICIES AND PROCEDURES
CHAPTER 7: DISASTER COUNCIL
CHAPTER 8: DOCUMENTS, RECORDS AND PUBLICATIONS
CHAPTER 9A: FARMERS' MARKET
CHAPTER 9B: FLEA MARKET
CHAPTER 10: FINANCE, TAXATION, AND OTHER FISCAL MATTERS
CHAPTER 10B: SPECIAL LAW ENFORCEMENT AND PUBLIC WORKS SERVICES
CHAPTER 10C: REIMBURSEMENT FOR TOWING AND STORAGE OF VEHICLES
CHAPTER 10E: PLANNING MONITORING
CHAPTER 10F: 1660 MISSION STREET SURCHARGE
CHAPTER 10G: BOARD OF APPEALS SURCHARGE FOR PERMITS AND FEES
CHAPTER 10H: RECOVERY OF COSTS OF EMERGENCY RESPONSE
CHAPTER 11: FRANCHISES
CHAPTER 12: HOUSING AUTHORITY
CHAPTER 12A: HUMAN RIGHTS COMMISSION
CHAPTER 12B: NONDISCRIMINATION IN CONTRACTS
CHAPTER 12C: NONDISCRIMINATION IN PROPERTY CONTRACTS
CHAPTER 12D: MINORITY/WOMEN/LOCAL BUSINESS UTILIZATION
CHAPTER 12E: CITY EMPLOYEE'S SEXUAL PRIVACY ORDINANCE
CHAPTER 12F: IMPLEMENTING THE MACBRIDE PRINCIPLES - NORTHERN IRELAND
CHAPTER 12G: PROHIBITION ON USE OF PUBLIC FUNDS FOR POLITICAL ACTIVITY BY RECIPIENTS OF CITY CONTRACTS, GRANTS, AND LOANS
CHAPTER 12H: IMMIGRATION STATUS
CHAPTER 12I: CIVIL IMMIGRATION DETAINERS
CHAPTER 12J: CITY BUSINESS WITH BURMA PROHIBITED
CHAPTER 12K: SALARY HISTORY*
CHAPTER 12L: PUBLIC ACCESS TO RECORDS AND MEETINGS OF NONPROFIT ORGANIZATIONS
CHAPTER 12M: PROTECTION OF PRIVATE INFORMATION*
CHAPTER 12N: LESBIAN, GAY, BISEXUAL, TRANSGENDER, QUEER, AND QUESTIONING YOUTH: YOUTH SERVICES SENSITIVITY TRAINING
CHAPTER 12O: EARNED INCOME CREDIT INFORMATION
CHAPTER 12P: MINIMUM COMPENSATION
CHAPTER 12Q: HEALTH CARE ACCOUNTABILITY
CHAPTER 12R: MINIMUM WAGE
CHAPTER 12S: WORKING FAMILIES CREDIT PROGRAM
CHAPTER 12T: CITY CONTRACTOR/SUBCONTRACTOR CONSIDERATION OF CRIMINAL HISTORY IN HIRING AND EMPLOYMENT DECISIONS
CHAPTER 12U: SWEATFREE CONTRACTING
CHAPTER 12V: PERSONAL SERVICES MINIMUM CONTRACTUAL RATE ORDINANCE
CHAPTER 12W: SICK LEAVE*
CHAPTER 12X: PROHIBITING CITY TRAVEL AND CONTRACTING IN STATES THAT ALLOW DISCRIMINATION*
CHAPTER 12Y: SAN FRANCISCO SLAVERY DISCLOSURE ORDINANCE*
CHAPTER 12Z: SAN FRANCISCO FAMILY FRIENDLY WORKPLACE ORDINANCE
CHAPTER 13: JAILS AND PRISONERS
CHAPTER 14: SAN FRANCISCO HEALTH CARE SECURITY ORDINANCE
CHAPTER 14A: DISADVANTAGED BUSINESS ENTERPRISE PROGRAM
CHAPTER 14B: LOCAL BUSINESS ENTERPRISE UTILIZATION AND NON-DISCRIMINATION IN CONTRACTING ORDINANCE
CHAPTER 14C: [EXPIRED]
CHAPTER 15: MENTAL HEALTH SERVICE
CHAPTER 16: OFFICERS AND EMPLOYEES GENERALLY
CHAPTER 17: PUBLIC OFF-STREET PARKING FACILITIES
CHAPTER 18: PAYROLL PROCEDURE
CHAPTER 19. COMMUNITY SAFETY CAMERA ORDINANCE
CHAPTER 19A: PUBLIC HEALTH
CHAPTER 19B: ACQUISITION OF SURVEILLANCE TECHNOLOGY
CHAPTER 20: SOCIAL SERVICES
CHAPTER 21: ACQUISITION OF COMMODITIES AND SERVICES
CHAPTER 21A: HEALTH-RELATED COMMODITIES AND SERVICES
CHAPTER 21B: COMMODITIES AND SERVICES RELATING TO PROJECTS ADDRESSING HOMELESSNESS
CHAPTER 21C: MISCELLANEOUS PREVAILING WAGE REQUIREMENTS
CHAPTER 21D: [RESERVED]
CHAPTER 21E: [RESERVED]
CHAPTER 21F: [RESERVED]
CHAPTER 21G: [RESERVED]
CHAPTER 22: RADIO COMMUNICATION FACILITIES
CHAPTER 22A: INFORMATION AND COMMUNICATION TECHNOLOGY
CHAPTER 22B: TELECOMMUNICATIONS FACILITIES
CHAPTER 22C: PUBLIC INTERNET ACCESS
CHAPTER 22D: OPEN DATA POLICY
CHAPTER 22E: CITY-OWNED FIBER-OPTIC FACILITIES
CHAPTER 22G: OFFICE OF EMERGING TECHNOLOGY
CHAPTER 23: REAL PROPERTY TRANSACTIONS
CHAPTER 23A: SURPLUS PUBLIC LANDS ORDINANCE
CHAPTER 24: REDEVELOPMENT AGENCY
CHAPTER 24A: ADMINISTRATIVE STRUCTURE LOCAL RENT SUPPLEMENT PROGRAM IN THE OFFICE OF MAYOR
CHAPTER 24B: RELOCATION APPEALS BOARD
CHAPTER 25: STREET LIGHTING
CHAPTER 26. DEEMED APPROVED OFF-STREET ALCOHOL USE NUISANCE REGULATIONS
CHAPTER 27: HEALTHY NAIL SALON RECOGNITION PROGRAM
CHAPTER 28: ADMINISTRATIVE DEBARMENT PROCEDURE
CHAPTER 29: FINDINGS OF FISCAL RESPONSIBILITY AND FEASIBILITY
CHAPTER 29A: [APPROVAL OF POWER PLANT; PLANNING CODE SEC.
CHAPTER 29B: CHILD CARE FEASIBILITY STUDY FOR CITY AND CITY-FUNDED PROJECTS
CHAPTER 30: CENTRALIZATION OF WORKFORCE DEVELOPMENT
CHAPTER 31: CALIFORNIA ENVIRONMENTAL QUALITY ACT PROCEDURES AND FEES
CHAPTER 32: RESIDENTIAL REHABILITATION LOAN PROGRAM
CHAPTER 33: COMMISSION ON THE STATUS OF WOMEN
CHAPTER 33A: LOCAL IMPLEMENTATION OF THE UNITED NATIONS CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN (CEDAW)*
CHAPTER 34: NOTIFICATION TO ASSESSOR CONCERNING ZONING RECLASSIFICATIONS OF PROPERTY, CONDITIONAL USE PERMITS AND VARIANCES
CHAPTER 35: RESIDENTIAL, HOTEL, AND PDR COMPATIBILITY AND PROTECTION
CHAPTER 36: COMMUNITY IMPROVEMENTS AREA PLANS AND PROGRAMS
CHAPTER 37: RESIDENTIAL RENT STABILIZATION AND ARBITRATION ORDINANCE
CHAPTER 37A: RENT STABILIZATION AND ARBITRATION FEE
CHAPTER 38: COMMERCIAL LANDLORDS; ACCESS IMPROVEMENT OBLIGATIONS AND NOTICE TO SMALL BUSINESS TENANTS REGARDING DISABILITY ACCESS
CHAPTER 39: [RIGHT TO RETURN TO REVITALIZED PUBLIC HOUSING]
CHAPTER 40: HOUSING CODE ENFORCEMENT LOAN PROGRAM
CHAPTER 41: RESIDENTIAL HOTEL UNIT CONVERSION AND DEMOLITION
CHAPTER 41A: RESIDENTIAL UNIT CONVERSION AND DEMOLITION
CHAPTER 41B: COMMUNITY OPPORTUNITY TO PURCHASE ACT
CHAPTER 41C: TIME-SHARE CONVERSION ORDINANCE
CHAPTER 41D: RESIDENTIAL HOTEL VISITOR POLICIES
CHAPTER 41E. RESIDENTIAL HOTEL MAIL RECEPTACLE ORDINANCE
CHAPTER 41F: TOURIST HOTEL CONVERSION*
CHAPTER 42: INDUSTRIAL DEVELOPMENT AUTHORITY
CHAPTER 43: MUNICIPAL FINANCE LAW
CHAPTER 44: ADULT DAY HEALTH CARE PLANNING COUNCIL
CHAPTER 45: JURY FEES
CHAPTER 47: PREFERENCE IN CITY AFFORDABLE HOUSING PROGRAMS
CHAPTER 48: RENTAL SUBSIDY PROGRAM FOR LOW-INCOME FAMILIES
CHAPTER 49: SECURITY DEPOSITS FOR RESIDENTIAL RENTAL PROPERTY
CHAPTER 49A: RESIDENTIAL TENANT COMMUNICATIONS
CHAPTER 49B: RESIDENTIAL RENTAL UNITS: LOCK REPLACEMENTS BY LANDLORD WHEN TENANTS VACATE
CHAPTER 50: NONPROFIT PERFORMING ARTS LOAN PROGRAM
CHAPTER 51: VOLUNTARY ARTS CONTRIBUTIONS PROGRAM
CHAPTER 52: SAN FRANCISCO CARBON MITIGATION PROGRAM
CHAPTER 53: URBAN AGRICULTURE
CHAPTER 53A: URBAN AGRICULTURE INCENTIVE ZONES ACT PROCEDURES
CHAPTER 54: SOUTHEAST COMMUNITY FACILITY COMMISSION
CHAPTER 56: DEVELOPMENT AGREEMENTS
CHAPTER 57: FILM COMMISSION
CHAPTER 58: RIGHT TO COUNSEL IN CIVIL MATTERS
CHAPTER 59: HEALTHY FOOD RETAILER ORDINANCE
CHAPTER 60: ASSISTED HOUSING PRESERVATION ORDINANCE
CHAPTER 61: WATERFRONT LAND USE
CHAPTER 62: DOMESTIC PARTNERSHIPS
CHAPTER 63: WATER EFFICIENT IRRIGATION ORDINANCE*
CHAPTER 64: CITY EMPLOYEE AND CITY CONTRACTOR SAFETY AND HEALTH
CHAPTER 65: RENT REDUCTION AND RELOCATION PLAN FOR TENANTS INCONVENIENCED BY SEISMIC WORK PERFORMED PURSUANT TO CHAPTERS 14 AND 15 OF THE SAN FRANCISCO BUILDING CODE
CHAPTER 65A: COMPENSATION, OR SUBSTITUTE HOUSING SERVICE, FOR TENANTS AFFECTED BY TEMPORARY SEVERANCE OF SPECIFIED HOUSING SERVICES DURING MANDATORY SEISMIC WORK REQUIRED BY BUILDING CODE CHAPTER 34B
CHAPTER 66: SEISMIC SAFETY RETROFIT PROGRAM
CHAPTER 67: THE SAN FRANCISCO SUNSHINE ORDINANCE OF 1999
CHAPTER 67A: CELL PHONES, PAGERS AND SIMILAR SOUND-PRODUCING ELECTRICAL DEVICES
CHAPTER 68: CULTURAL EQUITY ENDOWMENT FUND
CHAPTER 69: SAN FRANCISCO HEALTH AUTHORITY
CHAPTER 70: IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY
CHAPTER 71: MILLS ACT CONTRACT PROCEDURES
CHAPTER 72: RELOCATION ASSISTANCE FOR LEAD HAZARD REMEDIATION
CHAPTER 74: RENT ESCROW ACCOUNT PROGRAM
CHAPTER 77: BUILDING INSPECTION COMMISSION APPEALS
CHAPTER 78: DEPARTMENT OF BUILDING INSPECTION PERMIT TRACKING SYSTEM
CHAPTER 79: PREAPPROVAL NOTICE FOR CERTAIN CITY PROJECTS
CHAPTER 79A: ADDITIONAL PREAPPROVAL NOTICE FOR CERTAIN CITY PROJECTS
CHAPTER 80: ANTI-BLIGHT ENFORCEMENT PROCEDURE
CHAPTER 80A: ORDERS TO VACATE DUE TO HAZARDOUS HOUSING CONDITIONS
CHAPTER 82: LOCAL HIRING POLICY FOR CONSTRUCTION
CHAPTER 83: FIRST SOURCE HIRING PROGRAM
CHAPTER 84: SAN FRANCISCO RESIDENTIAL RENT ASSISTANCE PROGRAM FOR PERSONS DISQUALIFIED FROM FEDERAL RENT SUBSIDY PROGRAMS BY THE FEDERAL QUALITY HOUSING AND WORK RESPONSIBILITY ACT OF 1998 (QHWRA)
CHAPTER 86: CHILDREN AND FAMILIES FIRST COMMISSION
CHAPTER 87: FAIR HOUSING IMPLEMENTATION ORDINANCE
CHAPTER 88: PERFORMANCE AND REVIEW ORDINANCE OF 1999
CHAPTER 89: DEPARTMENT OF CHILD SUPPORT SERVICES
CHAPTER 90: ENTERTAINMENT COMMISSION
CHAPTER 90A: PROMOTING AND SUSTAINING MUSIC AND CULTURE
CHAPTER 91: LANGUAGE ACCESS
CHAPTER 92: REAL ESTATE LOAN COUNSELING AND EDUCATION
CHAPTER 93: PREGNANCY INFORMATION DISCLOSURE AND PROTECTION ORDINANCE
CHAPTER 94: THE SAN FRANCISCO PLAZA PROGRAM
CHAPTER 94A: THE SAN FRANCISCO PLACES FOR PEOPLE PROGRAM
CHAPTER 95: IDENTIFICATION CARDS
CHAPTER 96: COORDINATION BETWEEN THE POLICE DEPARTMENT AND THE DEPARTMENT OF POLICE ACCOUNTABILITY
CHAPTER 96A: LAW ENFORCEMENT REPORTING REQUIREMENTS
CHAPTER 96B: POLICY MAKING MARIJUANA OFFENSES THE LOWEST LAW ENFORCEMENT PRIORITY
CHAPTER 96C: POLICE INTERROGATION OF YOUTH - JEFF ADACHI YOUTH RIGHTS ORDINANCE
CHAPTER 97: HEALTHCARE IMPACT REPORTS
CHAPTER 98: THE BETTER STREETS POLICY
CHAPTER 99: PUBLIC POWER IN NEW CITY DEVELOPMENTS
CHAPTER 100: PROCEDURES GOVERNING THE IMPOSITION OF ADMINISTRATIVE FINES
CHAPTER 101: RESTRICTING THE PURCHASE, SALE, OR DISTRIBUTION OF SUGAR-SWEETENED BEVERAGES BY OR FOR THE CITY
CHAPTER 102: OUR CHILDREN, OUR FAMILIES COUNCIL
CHAPTER 103: NON-COOPERATION WITH IDENTITY-BASED REGISTRY ORDINANCE
CHAPTER 104: COLLECTION OF SEXUAL ORIENTATION AND GENDER IDENTITY DATA
CHAPTER 105: CIGARETTE LITTER ABATEMENT FEE ORDINANCE
CHAPTER 106: CITY NAVIGATION CENTERS
CHAPTER 107: CULTURAL DISTRICTS
CHAPTER 107A: AFRICAN AMERICAN ARTS AND CULTURAL DISTRICT
CHAPTER 107B: CASTRO LESBIAN, GAY, BISEXUAL, TRANSGENDER, AND QUEER (LGBTQ) CULTURAL DISTRICT
CHAPTER 109: PRIORITIZING 100% AFFORDABLE HOUSING
CHAPTER 115: AUTOMATED POINT OF SALE STATION REGISTRATION AND INSPECTION ORDINANCE
CHAPTER 116: COMPATIBILITY AND PROTECTION FOR RESIDENTIAL USES AND PLACES OF ENTERTAINMENT
CHAPTER 117: COOPERATIVE LIVING OPPORTUNITIES FOR MENTAL HEALTH PROGRAM
CHAPTER 119: SAFE PARKING PROGRAMS
CHAPTER 120: ADMINISTRATION OF AFFORDABLE HOUSING FUNDS
CHAPTER 121: CLOSURE OF JUVENILE HALL
APPENDIX: Table of Initiative Ordinances and Policy Declarations
References to Ordinances
San Francisco Business and Tax Regulations Code
BUSINESS AND TAX REGULATIONS CODE
THE SAN FRANCISCO CODES
PREFACE TO THE BUSINESS AND TAX REGULATIONS CODE
ARTICLE 1: PERMIT PROCEDURES
ARTICLE 2: LICENSE FEES
ARTICLE 3: [REPEALED]
ARTICLE 4: [RESERVED]
ARTICLE 5: ELECTRICAL MUSICAL DEVICES
ARTICLE 6: COMMON ADMINISTRATIVE PROVISIONS
ARTICLE 7: TAX ON TRANSIENT OCCUPANCY OF HOTEL ROOMS
ARTICLE 8: SUGARY DRINKS DISTRIBUTOR TAX ORDINANCE
ARTICLE 9: TAX ON OCCUPANCY OF PARKING SPACE IN PARKING STATIONS
ARTICLE 10: UTILITY USERS TAX
ARTICLE 10B: ACCESS LINE TAX
ARTICLE 11: STADIUM OPERATOR ADMISSION TAX
ARTICLE 12: BUSINESS REGISTRATION
ARTICLE 12-A: PAYROLL EXPENSE TAX ORDINANCE
ARTICLE 12-A-1: GROSS RECEIPTS TAX ORDINANCE
ARTICLE 12-B: BUSINESS TAX REFUND
ARTICLE 12B-1: NEIGHBORHOOD BEAUTIFICATION AND GRAFFITI CLEAN-UP FUND TAX OPTION
ARTICLE 12-C: REAL PROPERTY TRANSFER TAX
ARTICLE 12-D: UNIFORM LOCAL SALES AND USE TAX
ARTICLE 13: CONNECTIONS TO THE POLICE DEPARTMENT TERMINAL ALARM PANEL
ARTICLE 14: TRANSPORTATION AUTHORITY
ARTICLE 15: BUSINESS IMPROVEMENT DISTRICTS PROCEDURE CODE
ARTICLE 15A: PUBLIC REALM LANDSCAPING, IMPROVEMENT AND MAINTENANCE ASSESSMENT DISTRICTS ("GREEN BENEFIT DISTRICTS")
ARTICLE 16: LIVING WAGE FOR EDUCATORS PARCEL TAX
ARTICLE 17: BUSINESS TAX PENALTY AMNESTY PROGRAM
ARTICLE 20: FINANCIAL INFORMATION PRIVACY ORDINANCE
ARTICLE 21: EARLY CARE AND EDUCATION COMMERCIAL RENTS TAX ORDINANCE
ARTICLE 22: PARKING STATIONS; REVENUE CONTROL EQUIPMENT
ARTICLE 23: VEHICLE REGISTRATION FEE EXPENDITURE PLAN
ARTICLE 28: HOMELESSNESS GROSS RECEIPTS TAX ORDINANCE
ARTICLE 32: TRAFFIC CONGESTION MITIGATION TAX
References to Ordinances
San Francisco Campaign and Governmental Conduct Code
San Francisco Environment Code
ENVIRONMENT CODE
THE SAN FRANCISCO CODES
PREFACE TO THE ENVIRONMENT CODE
CHAPTER 1: PRECAUTIONARY PRINCIPLE POLICY STATEMENT
CHAPTER 2: ENVIRONMENTALLY PREFERABLE PURCHASING ORDINANCE
CHAPTER 3: INTEGRATED PEST MANAGEMENT PROGRAM
CHAPTER 4: HEALTHY AIR AND CLEAN TRANSPORTATION PROGRAM
CHAPTER 5: RESOURCE CONSERVATION ORDINANCE
CHAPTER 7: GREEN BUILDING REQUIREMENTS FOR CITY BUILDINGS
CHAPTER 8: TROPICAL HARDWOOD AND VIRGIN REDWOOD BAN
CHAPTER 9: GREENHOUSE GAS EMISSIONS TARGETS AND DEPARTMENTAL ACTION PLANS
CHAPTER 10: TRANSPORTATION OF AGGREGATE MATERIALS
CHAPTER 11: CELL PHONE DISCLOSURE REQUIREMENTS
CHAPTER 12: URBAN FORESTRY COUNCIL
CHAPTER 13: ARSENIC-TREATED WOOD
CHAPTER 14: CONSTRUCTION AND DEMOLITION DEBRIS RECOVERY ORDINANCE*
CHAPTER 15: GREEN BUSINESS PROGRAM
CHAPTER 16: FOOD SERVICE AND PACKAGING WASTE REDUCTION ORDINANCE
CHAPTER 17: PLASTIC BAG REDUCTION ORDINANCE
CHAPTER 18: SOLAR ENERGY INCENTIVE PROGRAM
CHAPTER 19: MANDATORY RECYCLING AND COMPOSTING
CHAPTER 20: EXISTING BUILDINGS ENERGY PERFORMANCE
CHAPTER 21: CLEAN ENERGY FULL DISCLOSURE ORDINANCE
CHAPTER 22: SAFE DRUG DISPOSAL
CHAPTER 23: DRINK TAP ORDINANCE
CHAPTER 24: BOTTLED DRINKING WATER
CHAPTER 25: CLEAN CONSTRUCTION REQUIREMENTS FOR PUBLIC WORKS
CHAPTER 26: BETTER ROOF REQUIREMENTS
CHAPTER 27: ANTIBIOTIC USE IN FOOD ANIMALS
CHAPTER 28: FLAME RETARDANT CHEMICALS IN UPHOLSTERED FURNITURE AND JUVENILE PRODUCTS
CHAPTER 29: ELECTRIC VEHICLE READINESS IMPLEMENTATION*
CHAPTER 30: RENEWABLE ENERGY FOR COMMERCIAL BUILDINGS
CHAPTER 31: ELECTRIC VEHICLE AND CHARGING IN COMMERCIAL PARKING LOTS AND GARAGES*
References to Ordinances
San Francisco Fire Code
San Francisco Health Code
HEALTH CODE
THE SAN FRANCISCO CODES
PREFACE TO THE HEALTH CODE
ARTICLE 1: ANIMALS
ARTICLE 1A: ANIMAL SACRIFICE
ARTICLE 1B: PERFORMANCE OF WILD OR EXOTIC ANIMALS FOR PUBLIC ENTERTAINMENT OR AMUSEMENT
ARTICLE 1C: SALE OF ANIMALS
ARTICLE 1D: ANIMAL FUR PRODUCTS
ARTICLE 2: COMMUNICABLE DISEASES
ARTICLE 3: HOSPITALS
ARTICLE 4: DECEASED PERSONS
ARTICLE 5: PUBLIC HEALTH - GENERAL
ARTICLE 6: GARBAGE AND REFUSE
ARTICLE 7: LAUNDRIES
ARTICLE 8: FOOD AND FOOD PRODUCTS
ARTICLE 8A: CANNABIS CONSUMPTION PERMITS
ARTICLE 9: DAIRY AND MILK CODE
ARTICLE 10: MEAT AND MEAT PRODUCTS
ARTICLE 11: NUISANCES
ARTICLE 11A: BED BUG INFESTATION PREVENTION, TREATMENT, DISCLOSURE, AND REPORTING
ARTICLE 12: SANITATION - GENERAL
ARTICLE 12A: BACKFLOW PREVENTION
ARTICLE 12B: SOIL BORING AND WELL REGULATIONS
ARTICLE 12C: ALTERNATE WATER SOURCES FOR NON-POTABLE APPLICATIONS
ARTICLE 14: AMBULANCES AND ROUTINE MEDICAL TRANSPORT VEHICLES
ARTICLE 15: PUBLIC SWIMMING POOLS
ARTICLE 16: REGULATING THE USE OF 'ECONOMIC POISONS'
ARTICLE 17: DISPOSAL OF UNCLAIMED PERSONAL PROPERTY AT SAN FRANCISCO GENERAL HOSPITAL
ARTICLE 18: PROVIDING FOR ISSUANCE OF CITATIONS TO VIOLATORS
ARTICLE 19: SMOKING POLLUTION CONTROL
ARTICLE 19A: REGULATING SMOKING IN EATING ESTABLISHMENTS [SUSPENDED]
ARTICLE 19B: REGULATING SMOKING IN SHARED OFFICE WORKPLACE [SUSPENDED]
ARTICLE 19C: REGULATING SMOKING IN PUBLIC PLACES AND IN HEALTH, EDUCATIONAL AND CHILD CARE FACILITIES [SUSPENDED]
ARTICLE 19D: PROHIBITING CIGARETTE VENDING MACHINES
ARTICLE 19E: PROHIBITING SMOKING IN PLACES OF EMPLOYMENT AND CERTAIN SPORTS ARENAS [SUSPENDED]
ARTICLE 19F: PROHIBITING SMOKING IN ENCLOSED AREAS, CERTAIN UNENCLOSED AREAS, AND SPORTS STADIUMS
ARTICLE 19G: ENFORCEMENT OF SMOKING PROHIBITIONS
ARTICLE 19H: PERMITS FOR THE SALE OF TOBACCO
ARTICLE 19I: PROHIBITING SMOKING IN CITY PARK AND RECREATIONAL AREAS AND FARMERS' MARKETS
ARTICLE 19J: PROHIBITING PHARMACIES FROM SELLING TOBACCO PRODUCTS
ARTICLE 19K: PROHIBITING SALES OF TOBACCO PRODUCTS ON PROPERTY OWNED BY OR UNDER THE CONTROL OF THE CITY AND COUNTY OF SAN FRANCISCO
ARTICLE 19L: PROHIBITING SMOKING AT CERTAIN OUTDOOR EVENTS
ARTICLE 19M: DISCLOSURE TO PROSPECTIVE RESIDENTIAL TENANTS OF WHETHER A UNIT IS SMOKE FREE OR SMOKING OPTIONAL, AND INFORMING EXISTING RESIDENTIAL TENANTS WHERE SMOKING IS OPTIONAL
ARTICLE 19N: ELECTRONIC CIGARETTES - RESTRICTIONS ON SALE AND USE
ARTICLE 19O: [SMOKELESS TOBACCO - USE PROHIBITED AT ATHLETIC VENUES]
ARTICLE 19P: PROHIBITING THE SALE OF TOBACCO PRODUCTS TO PERSONS AGED 18, 19, OR 20
ARTICLE 19Q: PROHIBITING THE SALE OF FLAVORED TOBACCO PRODUCTS
ARTICLE 19R: PROHIBITING THE SALE OF ELECTRONIC CIGARETTES LACKING FOOD AND DRUG ADMINISTRATION PREMARKET APPROVAL
ARTICLE 19S: PROHIBITING THE SALE AND DISTRIBUTION OF TOBACCO PRODUCTS IN SAN FRANCISCO
ARTICLE 20: ALKYL NITRITES
ARTICLE 21: HAZARDOUS MATERIALS
ARTICLE 21A: RISK MANAGEMENT PROGRAM
ARTICLE 22: HAZARDOUS WASTE MANAGEMENT
ARTICLE 22A: ANALYZING SOILS FOR HAZARDOUS WASTE
ARTICLE 22B: CONSTRUCTION DUST CONTROL REQUIREMENTS
ARTICLE 23: VIDEO DISPLAY TERMINAL WORKER SAFETY
ARTICLE 24: CHLOROFLUOROCARBON RECOVERY AND RECYCLING
ARTICLE 25: MEDICAL WASTE GENERATOR REGISTRATION, PERMITTING, INSPECTIONS AND FEES
ARTICLE 26: COMPREHENSIVE ENVIRONMENTAL LEAD POISONING INVESTIGATION, MANAGEMENT AND ENFORCEMENT PROGRAM
ARTICLE 27: HEALTH SERVICE SYSTEM AGREEMENT
ARTICLE 28: MEDICAL CANNABIS USER AND PRIMARY CAREGIVER IDENTIFICATION CARDS
ARTICLE 29: LICENSING AND REGULATION OF MASSAGE PRACTITIONERS AND MASSAGE BUSINESSES
ARTICLE 30: REGULATION OF DIESEL BACKUP GENERATORS
ARTICLE 31: HUNTERS POINT SHIPYARD
ARTICLE 32: DISEASE PREVENTION DEMONSTRATION PROJECT
ARTICLE 33: MEDICAL CANNABIS ACT
ARTICLE 34: HEALTHY PRODUCTS, HEALTHY CHILDREN ORDINANCE
ARTICLE 35: BIOLOGICAL AGENT DETECTORS
ARTICLE 36: CHILD COUGH AND COLD MEDICINE WARNING ORDINANCE
ARTICLE 37: TRANS FAT FREE RESTAURANT PROGRAM ORDINANCE
ARTICLE 38: ENHANCED VENTILATION REQUIRED FOR URBAN INFILL SENSITIVE USE DEVELOPMENTS
ARTICLE 39: COMMERCIAL DOG WALKING
ARTICLE 40: SAFE BODY ART
ARTICLE 41: MENTAL HEALTH
ARTICLE 42: SUGAR-SWEETENED BEVERAGES
ARTICLE 43: SURPLUS MEDICATION REPOSITORY AND DISTRIBUTION
ARTICLE 45: CITY-OPERATED ADULT RESIDENTIAL FACILITY
References to Ordinances
San Francisco Municipal Elections Code
San Francisco Park Code
San Francisco Planning Code
San Francisco Zoning Maps
San Francisco Police Code
POLICE CODE
THE SAN FRANCISCO CODES
PREFACE TO THE POLICE CODE
ARTICLE 1: PUBLIC NUISANCES
ARTICLE 1.1: REGULATING THE USE OF VEHICLES FOR HUMAN HABITATION
ARTICLE 1.2 DISCRIMINATION IN HOUSING AGAINST FAMILIES WITH MINOR CHILDREN
ARTICLE 1.3: TEMPORARY MORATORIUM ON RENTAL INCREASES RENT ROLLBACK BASED UPON APRIL 15, 1979, RENTAL RATES AND REFUNDING ANY RENT INCREASES
ARTICLE 1.5: DISPLAY OF LIFE AND PROPERTY CONSERVATION DECALS
ARTICLE 2: DISORDERLY CONDUCT
ARTICLE 3: GAMES OF CHANCE
ARTICLE 4: PARADES
ARTICLE 4.5: FUNERAL PROCESSION ESCORTS
ARTICLE 5: OFFENSIVE POWDERS
ARTICLE 6: FRAUD AND DECEIT
ARTICLE 7: ANIMALS AND BIRDS
ARTICLE 7.1: HORSE-DRAWN VEHICLES
ARTICLE 8: MINORS
ARTICLE 9: MISCELLANEOUS CONDUCT REGULATIONS
ARTICLE 9.5: PROHIBITING OF PROFESSIONAL STRIKEBREAKERS
ARTICLE 9.6: REGULATIONS FOR SOLICITATION FOR CHARITABLE PURPOSES
ARTICLE 10: REGULATIONS FOR ADVERTISING
ARTICLE 10.1: REGULATING EXPOSURE OF PHOTOGRAPHS, CARTOONS OR DRAWINGS ON NEWSRACKS
ARTICLE 10.2: REGULATION OF COMPUTER RENTAL BUSINESSES
ARTICLE 11: REGULATIONS FOR AMUSEMENTS
ARTICLE 11.1: COMMERCIAL DISPLAY OF DEAD HUMAN BODIES
ARTICLE 11.2: REGULATIONS FOR ADULT THEATERS AND ADULT BOOKSTORES PERMIT AND LICENSE PROVISIONS
ARTICLE 12: REGULATIONS FOR AUTOMOBILES
ARTICLE 13: MISCELLANEOUS REGULATIONS FOR PROFESSIONS AND TRADES
ARTICLE 13.1: JUNK DEALERS - PERMIT AND REGULATION
ARTICLE 13.2 BICYCLE MESSENGER BUSINESSES
ARTICLE 13.3: CAR RENTAL BUSINESSES
ARTICLE 13.4: REDUCING RENTAL-CAR BURGLARIES
ARTICLE 14: LICENSES FOR ADVERTISING
ARTICLE 15: LICENSES FOR AMUSEMENTS
ARTICLE 15.1: ENTERTAINMENT REGULATIONS PERMIT AND LICENSE PROVISIONS
ARTICLE 15.2: ENTERTAINMENT REGULATIONS FOR EXTENDED-HOURS PREMISES
ARTICLE 15.3: PROHIBITING NUDE PERFORMERS, WAITERS AND WAITRESSES
ARTICLE 15.4: ENCOUNTER STUDIOS
ARTICLE 15.5: NUDE MODELS IN PUBLIC PHOTOGRAPHY STUDIOS
ARTICLE 15.6: ESCORT SERVICES
ARTICLE 15.7: EVENT PROMOTERS
ARTICLE 16: REGULATION OF CANNABIS
ARTICLE 17: MISCELLANEOUS LICENSE REGULATIONS
ARTICLE 17.1: REGULATIONS FOR FORTUNETELLING; PERMIT AND LICENSE PROVISIONS
ARTICLE 18: SAN FRANCISCO POLICE PISTOL RANGE
ARTICLE 19: DISPOSAL OF UNCLAIMED PROPERTY
ARTICLE 20: REPRODUCING AND FURNISHING REPORTS
ARTICLE 22: CITATIONS FOR VIOLATIONS OF CERTAIN PROVISIONS OF THE HEALTH CODE AND POLICE CODE
ARTICLE 23: REGULATIONS FOR PORT AREA*
ARTICLE 24: REGULATING STREET ARTISTS*
ARTICLE 25: REGULATIONS FOR PRIVATE PROTECTION AND SECURITY SERVICES*
ARTICLE 26: REGULATIONS FOR PUBLIC BATH HOUSES
ARTICLE 27: REGULATIONS FOR MORTGAGE MODIFICATION CONSULTANTS
ARTICLE 28: REGULATIONS FOR PAWNBROKERS PERMIT AND LICENSE PROVISIONS
ARTICLE 29: REGULATION OF NOISE
ARTICLE 30: PERMITS FOR TOW CAR DRIVERS
ARTICLE 30.1: PERMITS FOR TOW CAR FIRMS
ARTICLE 31: REGULATIONS FOR TEMPORARY HELIPORTS AND PERMIT PROVISIONS
ARTICLE 32: REGULATIONS FOR CONDUCTING BINGO GAMES
ARTICLE 32A: REGULATIONS FOR CONDUCTING POKER GAMES
ARTICLE 33: PROHIBITING DISCRIMINATION BASED ON RACE, COLOR, ANCESTRY, NATIONAL ORIGIN, PLACE OF BIRTH, SEX, AGE, RELIGION, CREED, DISABILITY, SEXUAL ORIENTATION, GENDER IDENTITY, WEIGHT, OR HEIGHT
ARTICLE 33A: PROHIBITION OF EMPLOYER INTERFERENCE WITH EMPLOYEE RELATIONSHIPS AND ACTIVITIES AND REGULATIONS OF EMPLOYER DRUG TESTING OF EMPLOYEES
ARTICLE 33B: PROHIBITION AGAINST DISCRIMINATION BY CLUBS OR ORGANIZATIONS WHICH ARE NOT DISTINCTLY PRIVATE
ARTICLE 33C: DISPLACED WORKER PROTECTION
ARTICLE 33D: GROCERY WORKER RETENTION
ARTICLE 33E: HOSPITALITY INDUSTRY WORKER RETENTION
ARTICLE 33F: HOURS AND RETENTION PROTECTIONS FOR FORMULA RETAIL EMPLOYEES
ARTICLE 33G: PREDICTABLE SCHEDULING AND FAIR TREATMENT FOR FORMULA RETAIL EMPLOYEES
ARTICLE 33H: PAID PARENTAL LEAVE
ARTICLE 33I: LACTATION IN THE WORKPLACE
ARTICLE 33J: PARITY IN PAY
ARTICLE 34: REGULATIONS FOR PHOTOGRAPHERS - PERMIT AND LICENSE PROVISIONS
ARTICLE 35: FIREARM STRICT LIABILITY ACT
ARTICLE 36: PROHIBITING THE CARRYING OF A FIREARM WHILE UNDER THE INFLUENCE OF AN ALCOHOLIC BEVERAGE OR DRUG, OR POSSESSION OF A FIREARM WHILE UPON PUBLIC PREMISES SELLING OR SERVING ALCOHOLIC BEVERAGES
ARTICLE 36A: [SALE, MANUFACTURE, AND DISTRIBUTION OF FIREARMS AND AMMUNITION; POSSESSION OF HANDGUNS]
ARTICLE 36B: STORAGE OF FIREARMS IN MOTOR VEHICLES
ARTICLE 36C: PROHIBITION OF FIREARMS AT PUBLIC GATHERINGS
ARTICLE 37: POLICE EMERGENCY ALARM ORDINANCE
ARTICLE 38: PROHIBITING DISCRIMINATION ON THE BASIS OF AIDS AND ASSOCIATED CONDITIONS
ARTICLE 39: PEDICABS
ARTICLE 40: DRUG FREE WORKPLACE ORDINANCE
ARTICLE 41: PROHIBITING THE SALE OR POSSESSION OF REPLICA HYPODERMIC NEEDLES OR SYRINGES
ARTICLE 42: SALE AND DISPLAY OF AEROSOL PAINT CONTAINERS AND MARKER PENS
ARTICLE 42A: COLOR TIRES
ARTICLE 42B: MERCURY THERMOMETERS
ARTICLE 42D: SALE AND DISPLAY OF PRODUCTS CONTAINING HYDROFLUORIC ACID
ARTICLE 43: ACCESS TO REPRODUCTIVE HEALTH CARE FACILITIES
ARTICLE 44: CLOSED CAPTIONS ACTIVATION REQUIREMENT ORDINANCE
ARTICLE 45: FIREARMS AND WEAPONS VIOLENCE PREVENTION ORDINANCE
ARTICLE 46: PROHIBITING SELF-SERVICE MERCHANDISING OF TOBACCO PRODUCTS EXCEPT IN PLACES TO WHICH MINORS HAVE NO ACCESS
ARTICLE 47: PERSONAL WATERCRAFT
ARTICLE 48: LASER POINTERS
ARTICLE 49: PROCEDURES FOR CONSIDERING ARRESTS AND CONVICTIONS AND RELATED INFORMATION IN EMPLOYMENT AND HOUSING DECISIONS
ARTICLE 50: CRIMINAL HISTORY IN ADMISSION TO POST-SECONDARY EDUCATIONAL INSTITUTIONS
ARTICLE 51: STORMWATER FLOOD RISK DISCLOSURE
ARTICLE 52: OCCUPANT'S RIGHT TO CHOOSE A COMMUNICATIONS SERVICES PROVIDER
ARTICLE 55: ACCEPTANCE OF CASH BY BRICK-AND-MORTAR BUSINESSES
References to Ordinances
San Francisco Port Code
San Francisco Public Works Code
PUBLIC WORKS CODE
THE SAN FRANCISCO CODES
PREFACE TO THE PUBLIC WORKS CODE
ARTICLE 1: GENERAL REQUIREMENTS
ARTICLE 2: PUBLIC CONTRACT PROCEDURE
ARTICLE 2.1: PERMIT FEES AND OCCUPANCY ASSESSMENTS
ARTICLE 2.3: HUNTERS POINT SHIPYARD
ARTICLE 2.4: EXCAVATION IN THE PUBLIC RIGHT-OF-WAY
ARTICLE 3: REGULATIONS IN REGARD TO WORKING CONDITIONS
ARTICLE 4: SEWERS
ARTICLE 4.1: INDUSTRIAL WASTE
ARTICLE 4.2. SEWER SYSTEM MANAGEMENT
ARTICLE 4.3: SEWERS
ARTICLE 5: STREET FLOWER MARKETS
ARTICLE 5.1: ANTI-LITTER RECEPTACLES
ARTICLE 5.2: TABLES AND CHAIRS IN PUBLIC SIDEWALK OR ROADWAY AREAS
ARTICLE 5.3: DISPLAY OF FRUITS AND VEGETABLES OR NONFOOD MERCHANDISE ON PUBLIC SIDEWALKS
ARTICLE 5.4: REGULATION OF NEWSRACKS
ARTICLE 5.5: DISTRIBUTION OF FREE SAMPLE MERCHANDISE ON PUBLIC PROPERTY
ARTICLE 5.6: POSTING OF SIGNS ON CITY-OWNED LAMP POSTS OR UTILITY POLES
ARTICLE 5.7: HANDBILL DISTRIBUTION ON PRIVATE PREMISES; DISPLAY OF BANNERS
ARTICLE 5.8: PERMIT REGULATIONS FOR MOBILE FOOD FACILITIES CONCERNING PRODUCTS FOR HUMAN CONSUMPTION
ARTICLE 6: STREET IMPROVEMENT PROCEDURE
ARTICLE 6.1: IMPROVEMENT PROCEDURE CODE
ARTICLE 7: MAINTENANCE DISTRICTS
ARTICLE 9: UNACCEPTED STREETS
ARTICLE 11: SPUR TRACKS
ARTICLE 13: ENGINEERING INSPECTION
ARTICLE 14: UNDERGROUND PIPES, WIRES AND CONDUITS
ARTICLE 15: MISCELLANEOUS
ARTICLE 16: URBAN FORESTRY ORDINANCE
ARTICLE 16.1: TREE DISPUTE RESOLUTION
ARTICLE 17: CONTROL OF DUMPS DISPOSING OF MATERIALS FROM CONSTRUCTION OR DEMOLITION
ARTICLE 18: UTILITY FACILITIES
ARTICLE 19: PUBLIC TELEPHONE BOOTHS ON PUBLIC SIDEWALKS
ARTICLE 20: PROHIBITED BICYCLE ACTIONS AND TRANSACTIONS
ARTICLE 21: RESTRICTION OF USE OF POTABLE WATER FOR SOIL COMPACTION AND DUST CONTROL ACTIVITIES
ARTICLE 22: RECLAIMED WATER USE
ARTICLE 23: GRAFFITI REMOVAL AND ABATEMENT
ARTICLE 24: SHOPPING CARTS
ARTICLE 25: PERSONAL WIRELESS SERVICE FACILITIES
ARTICLE 26*: ILLEGAL DUMPING
ARTICLE 27: SURFACE-MOUNTED FACILITIES
References to Ordinances
San Francisco Subdivision Code
San Francisco Transportation Code
San Francisco Building Inspection Commission (BIC) Codes
Comprehensive Ordinance List
ARTICLE 11:
NUISANCES
 
Definitions.
Prohibited Public Health Nuisances.
Enforcement – Spoiled Food.
Discharge of Soot, Smoke, etc.
Penalty.
[Hotels:  Certificate of Sanitation Required]
Certificate of Sanitation Required.
Hotel Defined.
Violation a Misdemeanor.
Inspection of Premises.
Administrative Procedures Initiated with Notice of Violation.
Citations Under San Francisco Administrative Code Chapter 100.
Notice to Police Department.
Penalty for Resisting Order to Vacate.
Collection.
Penalties.
[Poison Ivy; Poison Oak]
Poison Ivy and Poison Oak, Removal on Notice.
Enforcement.
Penalty.
[Vector Control and Healthy Housing Inspection Program; Fees]
Vector Control and Healthy Housing Inspection Program Fee.
Reinspection Fee Authorized.
Fee Adjustment.
Attorneys' Fees Authorized.
Operation of Gas Works Regulated.
Vacant Lot Dedication.
Discretionary Duties.
Disclaimer of Liability
 
Editor's Note:
   The bracketed division headers in this Article have been provided by the editor as an aid for the user and are not official parts of the Code.
SEC. 580.  DEFINITIONS.
   Unless otherwise specified, for the purposes of this Article, the following terms shall have the following meanings:
   (a)   "City" shall mean the City and County of San Francisco.
   (b)   "Department" shall mean the San Francisco Department of Public Health.
   (c)   "Director" shall mean the Director of Public Health or his or her designee.
   (d)   "Manager" shall mean the authorized agent for the Owner of a building, structure or property, who is responsible for the day-to-day operation of said building, structure or property.
   (e)   "Owner" shall mean any Person who possesses, has title to or an interest in, harbors or has control, custody or possession of any building, property, real estate, personality or chattel.
   (f)   "Person" shall mean and include corporations, estates, associations, partnerships and trusts, one or more individual human beings, any department, Board or Commission of the City and County of San Francisco, and any agencies or instrumentalities of the State of California or the United States to the extent allowable by law.
   (g)   "Prevailing Party" shall have the same meaning as set forth in California Code of Civil Procedure Sec. 1032, or any successor provisions., "Prevailing Party" shall include the City in actions where the City obtains an injunction under this Article or State law.
   (h)   "Responsible Party" shall include the Owner, Manager, tenant, or any Person having control over a property or who creates or allows or contributes to or fails to correct a condition that constitutes a nuisance as defined by this Article.
(Added by Ord. 125-01, File No. 010269, App. 6/15/2001; Ord. 299-10, File No. 101062, App. 12/3/2010)
SEC. 581.  PROHIBITED PUBLIC HEALTH NUISANCES.
   (a)   No Person shall have upon any premises or real property owned, occupied or controlled by him, or her, or it any public nuisance.
   (b)   The following conditions are hereby declared to be a public nuisance:
      (1)   Any accumulation of filth, garbage, decayed or spoiled food, unsanitary debris or waste material or decaying animal or vegetable matter unless such materials are set out for collection in compliance with Section 283 of this Code;
      (2)   Any accumulation of hay, grass, straw, weeds, or vegetation overgrowth;
      (3)   Any accumulation of waste paper, litter or combustible trash unless such materials are set out for collection in compliance with Section 283 of this Code;
      (4)   Any buildings, structures, or portion thereof found to be unsanitary;
      (5)   Any matter or material which constitutes, or is contaminated by, animal or human excrement, urine or other biological fluids;
      (6)   Any visible or otherwise demonstrable mold or mildew in the interiors of any buildings or facilities;
      (7)   Any pest harborage or infestation including but not limited to pigeons, skunks, raccoons, opossums, and snakes, except for pigeon harborages that comply with Section 37(e) of this Code;
      (8)   Any noxious insect harborage or infestation including, but not limited to cockroaches, bed bugs, fleas, scabies, lice, spiders or other arachnids, houseflies, wasps and mosquitoes, except for harborages for honey-producing bees of the genus Apis regulated by the California Food and Agriculture Code Sections 29000 et seq. which are not otherwise determined to be a nuisance under State law.
      (9)   Any article of food or drink in the possession or under the control of any person which is tainted, decayed, spoiled or otherwise unwholesome or unfit to be eaten or drunk. The term "food" as used in this subparagraph includes all articles used for food and drink by humans, whether simple, mixed or compound.
      (10)   Any lead hazards which are within the control of the Owner or Manager of the building, structure or property. Unless otherwise stated in this Article, the term "lead hazards" as used in this subparagraph shall have the same meaning as that set forth in Section 1603 of this Code. For the purposes of this subparagraph, the term "children" as used in Section 1603 of this Code shall mean any person who is up to 72 months of age. For the purposes of this subparagraph, any paint, both interior and exterior, found on buildings and other structures built before 1979 is presumed to be lead-based paint, such presumption may be rebutted by competent evidence demonstrating that such paint is not lead-based paint;
      (11)   Any vacant lots, open spaces, and other properties in the City and County of San Francisco, which become infested with poison oak (Toxicodendron diversilobum) or poison ivy shrub (Rhus toxicodendron) hereafter referred to as poisonous growth;
      (12)   Any violation of Section 37 of this Code;
      (13)   Any violation of Section 92 of this Code;
      (14)   Any violation of Section 590 of this Article;
      (15)   Any violations of Sections 29.10, 29.17, 29.25, 29.27. 1 or 29.31 of this Code.
      (16)   Any violations of rules or regulations the Director adopts to implement the provisions of this Article or applicable provisions of State law.
      (17)   Anything else that the Director deems to be a threat to public health and safety.
(Added by Ord. 125-01, File No. 010269, App. 6/15/2001; Ord. 299-10, File No. 101062, App. 12/3/2010; amended by Ord. 272-18, File No. 180757, App. 11/20/2018, Eff. 12/21/2018)
CODIFICATION NOTE
1.   So in Ord. 272-18.
SEC. 585.  ENFORCEMENT – SPOILED FOOD.
   In addition to any other enforcement authorities provided for in this Article, the Department is hereby authorized to seize, confiscate, condemn, and destroy any article of food or drink that is a nuisance as set forth in Section 581(b)(9) of this Article.
(Amended by Ord. 125-01, File No. 010269, App. 6/15/2001)
SEC. 590.  DISCHARGE OF SOOT, SMOKE, ETC.
   It shall be unlawful for any person, firm, association or corporation to operate or maintain within any residential or commercial district of the City and County of San Francisco, as defined in and by zoning ordinances from time to time in force, any permanently located furnace, fire-box or other device whereby petroleum, coal or other substance is consumed by fire which emits or causes to be emitted dense smoke as hereinafter defined; provided, however, that dense smoke may be emitted for a period of one minute to afford the operator time to locate the cause of such smoke, and provided, further, that dense smoke may be emitted during a period or periods aggregating not more than 10 minutes in any one hour during which the fireboxes, flues or furnaces are being cleaned, a new fire is being started or fires are being increased or decreased in intensity; provided, further, that portable boilers shall have screen bonnet on smoke-stack which shall prevent the escape of unreasonable quantities of oil or soot. Smoke shall be considered dense within the meaning of this section when its density shall exceed the density designated as Diagram No. 3 upon the Ringelmann Smoke Chart published and used by the United States Bureau of Mines, a copy of which is on file in the office of the Clerk of the Board of Supervisors of the City and County of San Francisco.
   It shall be unlawful for any person, firm, association or corporation within any residential or commercial district aforesaid to cause, permit or allow solid particles of soot, ashes or cinders to issue or be discharged from any flue, chimney or smokestack or from any other structure or appliance for such a period of time or in such quantities as to become a nuisance by reason of depositing such particles upon surrounding property.
   It shall be unlawful for any person, firm, association or corporation within the City and County of San Francisco to cause, permit or allow objectionable fumes to issue or be discharged from any flue, chimney or smokestack from any other structure or appliance for such period of time or in such quantities as to become a nuisance on account of causing obnoxious odors in any residential or commercial district aforesaid.
   It shall be unlawful for any person, firm, association or corporation within any commercial district aforesaid to erect, construct or maintain, or to cause or permit to be erected, constructed or maintained, any permanently located stationary flue, chimney, or smokestack within 50 feet of any window of any adjacent building unless the top of such flue, chimney or smoke-stack shall be higher than each portion of such window; provided, however, that this section shall not apply in any case where the persons owning and operating such adjacent building shall refuse to grant permission to brace or support such flue, chimney or smokestack by means of wire or struts attached to such building.
   Representatives of the Department of Public Health of the City and County of San Francisco are hereby authorized to enter during reasonable hours upon any premises upon which is located any flue, chimney or smokestack or any other structure or appliance from which smoke, soot, ashes, cinders or fumes are discharged in violation of this section, for the purpose of making an examination as to the cause of the excessive discharge of such smoke, soot, ashes, cinders or fumes and the manner of using the same and any other fact or facts showing compliance with or violation of this section. Such representatives shall make report to the Department of Public Health of such examination within 10 days after receiving a complaint of violation of this Section.
SEC. 591.  PENALTY.
   Any person, firm, association or corporation who shall violate any of the provisions of Section 590 of this Article shall be punishable by a fine not exceeding $50 or by imprisonment in the County Jail for not exceeding five days, or by both such fine and imprisonment.
[Hotels:  Certificate of Sanitation Required]
SEC. 594.  CERTIFICATE OF SANITATION REQUIRED.
   Every person, firm, partnership or corporation operating a hotel shall obtain from the Department of Public Health a Certificate of Sanitation within one year following approval of this Ordinance. Said Certificate shall be valid for a period of one year from date of issuance, and shall be renewed following satisfactory reinspection by the Department of Public Health on an annual basis, and shall be nontransferable and deemed revoked upon sale, transfer or assignment of the use for which the certificate was issued.
(Added by Ord. 49-84, App. 1/31/84)
SEC. 594.1.  HOTEL DEFINED.
   Hotel is any building containing six or more guest rooms intended or designated to be used, or which are used, rented or hired out to be occupied or which are occupied for sleeping purposes by guests, whether rent is paid in money, goods, or services.
(Added by Ord. 49-84, App. 1/31/84)
SEC. 594.2.  VIOLATION A MISDEMEANOR.
   Any person who shall violate the provisions of Section 594 of this Article, shall be guilty of a misdemeanor, and each day's continuing offense shall constitute a separate and distinct violation. Upon conviction thereof, said person shall be punished by imprisonment in the County Jail not exceeding one year or a fine not exceeding $1,000.
(Added by Ord. 49-84, App. 1/31/84)
SEC. 595.  INSPECTION OF PREMISES.
   It shall be the duty of the Department of Public Health upon application from any person, firm, or corporation operating a hotel, before issuing the certificate specified in Section 594, to cause the premises to be inspected for purpose of ascertaining whether said premises are free of nuisances and are in a sanitary condition for human habitation.
(Added by Ord. 49-84, App. 1/31/84)
SEC. 596.  ADMINISTRATIVE PROCEDURES INITIATED WITH NOTICE OF VIOLATION.
   (a)   Complaints. Whenever a written or oral complaint is made to the Department that a nuisance as defined by Section 581 exists in a building or structure or on a property, or the Director otherwise has reasonable cause to believe that such a nuisance exists, the Director shall inspect the building, structure or property to verify the existence of a nuisance thereon.
   (b)   Notice of Violation. Whenever the Director determines that a nuisance, as defined by Section 581 of this Article, exists in a building or structure or on a property, the Director shall within 15 days of that determination cause a Notice of Violation to be served either personally or by first class mailing to the Responsible Parties. The Notice of Violation shall be served on the Owner by mail to the address that appears on the last assessment rolls of the City and County of San Francisco. If the Notice of Violation is served on the Manager by mail, it shall be mailed to the Manager's principal place of business or to the address of the building, structure or property. If the Notice of Violation is served on any other Person who created a condition that constitutes a nuisance, it shall be mailed to the Person's last known address at which such Person receives mail if ascertainable. Thereafter, the Director may cause a copy thereof to be posted in a conspicuous place on the building, structure or property. The failure of the Responsible Parties to receive such notice when sent in the manner set forth in this Subsection shall not affect in any manner the validity of any proceeding against that party under this Article. The Notice of violation shall be a public record subject to disclosure pursuant to Administrative Code Chapter 67.
   (c)   Order to Vacate. The Director may order a premises vacated if she or he determines that relocation is warranted upon discovery of a nuisance, as defined by Section 581(b)(10) of the Health Code, or at the discretion of the Director, to protect the health of occupants. A copy of the order shall be served upon the Owner and the affected tenant(s) and posted in conspicuous places at the affected premises. The order shall specify the time within which the premises is to be vacated and advise the tenants that they may be eligible for assistance pursuant to Chapter 72 of the San Francisco Administrative Code. The order shall further advise that the premise vacated hereunder shall not be reoccupied without written permission of the Director. Such permission shall be granted when the nuisance is abated.
   (d)   Notice to Pay Relocation Benefits. Whenever the Director determines that a nuisance, as defined by Section 581(b)(10) of this Article, exists in a building or structure or on a property, and issues a Notice of Violation, pursuant to subsection (b) of this section, and an Order to Vacate, pursuant to subsection (c) of this Section, the Director shall issue to the Responsible Party a Notice to Pay Relocation Benefits to the affected tenant(s) pursuant to Chapter 72 of the San Francisco Administrative Code. The Director shall cause a Notice to Pay Relocation Benefits to be served either on the Responsible Party or sent by first class mailing to the Responsible Parties. The Notice to Pay Relocation Benefits shall be served on the Owner by mail at the address that appears on the last assessment rolls of the City and County of San Francisco. If the Notice to Pay Relocation Benefits is served on the Manager by mail, it shall be mailed to the Manager's principal place of business or to the address of the building, structure or property. Thereafter, the Director may cause a copy thereof to be posted in a conspicuous place on the building, structure or property. The failure of Responsible Parties to receive such notice when sent in the manner set forth in this Subsection shall not affect in any manner the validity of any proceeding against that party under this Article.
   (e)   Contents of Notices.
      (1)   The Notice of Violation shall state with reasonable specificity a description of the nuisance such that the Responsible Parties can reasonably understand the nature of the nuisance to be abated. The Notice of Violation shall direct the Responsible Parties to abolish, abate, and remove the nuisance within a reasonable period of time set by the Director given the nature and severity of the nuisance and any other circumstances of which the Director is aware. The Director shall specify in the Notice of Violation the time period within which the Responsible Party must abate the nuisance. Such time period shall not exceed 30 days, unless extended by the Director if reasonably necessary to abate the nuisance.
      (2)   The Notice to Pay Relocation Benefits shall state the Director has determined that the affected tenant(s) are eligible for relocation benefits as described in San Francisco Administrative Code Chapter 72 such that the Responsible Parties can reasonably understand the nature of their obligations under Chapter 72. The Notice to Pay Relocation Benefits shall direct the Responsible Parties to commence making the required relocation payments to the affected tenant(s) at least 12 hours prior to the date that the affected tenant(s) must vacate the unit.
      (3)   The notices shall further advise the Responsible Parties that if they fail to comply with the notice, the Director may: (A) hold a Director's Hearing to be held to consider whether it would be appropriate to issue a Director's Order to abate the nuisance and other appropriate orders as provided for in this Article or (B) cause the abatement and removal of the nuisance and the Owner shall be indebted to the City and County of San Francisco for the costs, charges, and fees incurred by the City and County of San Francisco by reason of the abatement and removal of such nuisance or (C) offer relocation services to the affected tenant(s) and the Owner shall be indebted to the City and County of San Francisco for the costs, charges, and fees incurred by the City and County of San Francisco by reason of the provision of the relocation services.
      (4)   The notices shall inform the Responsible Party that they may be liable for other charges, costs, including administrative costs, expenses incurred by the Department, fines, attorneys' fees, and penalties as provided for in this Article.
      (5)   The notices shall state the name, business address and telephone number of the Department staff who may be contacted regarding the building, structure or property in question.
      (6)   At the discretion of the Director and to ensure lawful handling and disposal of any items constituting a nuisance in whole or in part, the notice may contain a requirement that the Responsible Party abating the nuisance or making the relocation payments submit reports of testing and inspections by an appropriate licensed professional and provide to the Director proof of lawful handling and disposal of such items or the payment of such relocations benefits, and the form of such proof acceptable to the Director.
   (f)   Action by the Director. If the nuisance is not abated and removed within the time period set forth in the notice, or the relocation benefits are not made within the time period set forth in the notice, the Director shall either: (1) hold a Director's Hearing in accordance with this Section or (2) abate and remove the nuisance as soon as practicable or (3) offer relocation services to the affected tenant(s). The Owner shall be assessed reinspection fees as provided in Section 609.1 of this Code to cover the Department's costs incurred to verify the abatement of the nuisance. Said violations shall not be deemed legally abated until the property owner makes full payment of the assessment of reinspection fees and late payment penalties to the Director.
   (g)   Notice of Hearing.
      (1)   If the Responsible Parties failed to comply with the Notice of Violation or the Notice to Pay Relocation Benefits, the Director may hold a hearing by serving a copy of the Notice of Violation or the Notice to Pay Relocation Benefits, together with a notice of the time and place set for the hearing thereof, by personal service or by certified mail upon the Responsible Parties. The Director shall post a copy of the Notice of Violation or the Notice to Pay Relocation Benefits, together with the Notice of Hearing in conspicuous places throughout the building, structure or property. The time fixed for the hearing shall be no more than 60 days after the deadline for abatement of the nuisance set in the Notice of Violation. In those circumstances where the Director has issued a written determination that the nuisance constitutes a severe and immediate hazard to life, health or safety, the time fixed for the hearing shall not be less than 12 hours after personal service and posting the Notice of Hearing. The Notice of Hearing shall inform all persons interested to appear at the hearing to show cause, if any, why the building, structure, or property should not be declared a nuisance or in the case where the Department has abated and removed the nuisance, why a lien should not be placed against the property for the costs incurred by the Department. The Notice of Hearing shall also state whether the Department will seek recovery of attorneys' fees for the hearing. In the case of unsanitary buildings, said notice shall also state that the hearing may result in the revocation of the certificate of sanitation, if any, and the mandatory vacation of occupants from the building.
      (2)   The Notice of Hearing shall be served by personal service or by certified mail on the Owner at the address as it appears on the last assessment rolls of the City and County of San Francisco. If the Notice is served by certified mail on the Manager, the Director shall mail the Notice of Hearing to the Manager's principal place of business, if any, or to the address of the building, structure or property in question. If the Notice of Hearing is served by certified mail on any Person who created the condition that constitutes a nuisance, the Director shall mail the Notice of Hearing to the last known address of such Person at which it receives mail, if ascertainable. The person serving the Notice of Hearing shall complete a declaration under penalty of perjury, certifying the date and manner in which such Notice of Hearing was given, and the Director shall retain the certified mail receipt card, if any, for the Notice of Hearing. The failure of the Responsible Parties or Owner to receive such notice when sent in the manner set forth in this Subsection shall not affect in any manner the validity of any proceeding under this Article.
   (h)   Director's Hearing. A public hearing shall be held at the time and place designated in the Notice of Hearing. Subject to the procedures prescribed by the Director for the orderly conduct of the hearing, all persons having an interest in the building, structure or property in question or having knowledge of facts material to the Notice of Violation or the Notice to Pay Relocation Benefits may present evidence for consideration by the Director. Any hearing conducted pursuant to this Section shall be electronically recorded. The Director may elect to seek recovery of attorneys' fees by stating this intent in the Notice of Hearing. In a case where the Director makes this election, the prevailing party shall be entitled to recover reasonable attorneys' fees.
   (i)   Director's Order.
      (1)   Within 30 days after the conclusion of the hearing, the Director shall issue a written order setting forth finding of facts and a determination based upon the facts found in the record whether or not a nuisance, as defined by Section 581, exists or had existed in the building or structure or on the property and if the Department abated and removed the nuisance, the costs of abatement and removal of the nuisance by the Department, or a written order setting forth finding of facts and determination based upon the facts found in the record whether or not the relocation benefits have been paid and if the Department arranged for the relocation of the affected tenant(s), the costs of that relocation to the Department. The order shall be served on the Responsible Parties, including but not limited to the Owner, in the same manner as set forth in Subsection (b) of this Section and shall be served on all other parties who provided testimony at the hearing by first class mail if such parties request at or before the hearing that the order be sent to them.
      (2)   Upon a finding that a nuisance exists in the building or structure or on the property, or a finding that appropriate relocation benefits have not been paid, the Director shall require in the order the abatement of the nuisance or the payment of the benefits within a specified time period not to exceed 30 days, unless extended by the Director if reasonably necessary to abate the nuisance. The time period shall be determined based on the nature and severity of the nuisance and any other circumstances of which the Director is aware. The order shall state either that, failure to abate and remove the nuisance will result in the abatement of the nuisance by the Department and that the Owner shall become indebted to the City and County of San Francisco for the costs, charges, and fees incurred by reason of the abatement and removal of such nuisance upon demand, or that failure to make the relocation benefit payments will result in the offering of relocation services to the affected tenant(s) by the Department and that the Owner shall become indebted to the City and County of San Francisco for the costs, charges, and fees incurred by reason of the making such relocation services available upon demand. The order shall inform the Responsible Parties that it shall be indebted to the City and County of San Francisco for all administrative costs, including attorneys' fees if sought by the Director in the Notice of Hearing, incurred by the Department in the prosecution of the abatement action or the prosecution of the relocation benefit payment action and that such costs are due upon demand. The order shall further state that failure to pay such costs, charges, and fees may result in a lien against the property. The order shall require the Responsible Parties to abate and remove the nuisance in compliance with all applicable laws and regulations or shall require the Responsible Parties to make the relocation benefit payments in compliance with all applicable laws.
      (3)   In the case where Director determines that a nuisance had existed and that the Department had abated and removed the nuisance, or where the Director determines that the relocation benefits were owed to the affected tenant(s) and the Director provided relocation services to the affected tenant(s), the order shall itemize the costs of abatement and removal or provision of relocation services and all administrative costs incurred by the Department. The order shall notify the Owner that a lien will be assessed against the property for any outstanding costs if the Owner fails to reimburse the Department for the costs incurred by the Department as a result of the abatement and removal of the nuisance or the provision of relocation services within ten (10) days of the service of the order and that the lien shall also include additional charges for administrative expenses of $1,000 or 10 percent of the costs of abatement and removal, whichever is higher, and interest at a rate of 1½ percent per month, or fraction thereof, compounded monthly from the date of recordation of the lien on all fees and charges due as aforesaid.
      (4)   The order shall advise the Responsible Parties that the order issued is final and of their right to petition the Superior Court of San Francisco for appropriate relief pursuant to Section 1094.6 of the California Code of Civil Procedures. The order shall notify the Owner that the filing of a petition with the Superior Court shall not automatically stay the effectiveness of the order or extend the time period in which the Responsible Parties have to abate the nuisance.
      (5)   The order shall provide for the recovery of reasonable attorneys' fees for the prevailing party for those proceedings in which the Director has sought to recover attorneys' fees.
      (6)   In case of an unsanitary building, the Director shall revoke the certification of sanitation if the building is a hotel and may order the vacation of any unsanitary building for all purposes, and shall cause a copy of said order to be posted in conspicuous places throughout the aforesaid structure, building or part thereof determined by the Director to be a nuisance, and a copy thereof is to be personally served upon the Owner thereof or his agent, or the lessee or the occupant thereof. The order shall specify the time within which said structure, building or part thereof determined by the Director to be a nuisance shall be vacated. The order shall further advise that structure, building or part thereof vacated hereunder shall not be reoccupied without the written permission of the Director. Such permission shall be granted when the nuisance cited is abated within the time set forth in the order.
   (j)   Regulations. The Director is hereby empowered to promulgate administrative regulations, after a noticed public hearing, to implement the provisions of this Article and applicable provisions of State law. Such rules and regulations shall take effect 30 days after the public hearing. Violation of any such rule or regulation and any existing rules or regulations promulgated pursuant to this Article constitute a nuisance and may be grounds for administrative, civil, or criminal action against the Responsible Party. The Department shall base its forms for a Notice of Violation and a Notice of Hearing on the model forms developed by the City Administrator, although the Department may modify the model forms to meet its own operational needs.
(Amended by Ord. 510-84, App. 12/21/84; Ord. 125-01, File No. 010269, App. 6/15/2001; Ord. 99-04, File No. 031992, App. 6/4/2004; Ord. 299-10, File No. 101062, App. 12/3/2010; Ord. 60-16 , File No. 151085, App. 4/27/2016, Eff. 5/27/2016, Oper. 6/1/2016)
SEC. 596.5.  CITATIONS UNDER SAN FRANCISCO ADMINISTRATIVE CODE .
   (a)   This section provides for administrative citations, which are an alternative to the administrative procedure set forth in Section 596. The Director shall provide the Responsible Party a reasonable period of time to correct or otherwise remedy the violation before imposing administrative fines under this Section, unless the violation creates an immediate danger to health or safety. The Director shall specify in a written notice the time period within which the Responsible Party must abate the nuisance under this Section.
   (b)   San Francisco Administrative Code Chapter 100, "Procedures Governing the Imposition of Administrative Fines," as amended, is hereby incorporated in its entirety and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this Article and any rule or regulation adopted pursuant to this Article; provided, however, that:
      (1)   Each day a violation is committed or permitted to continue shall constitute a separate violation;
      (2)   The Director of Public Health shall appoint the hearing officer to conduct hearings for appeals;
      (3)   The fine for any violation issued pursuant to this section shall be paid to the Treasurer of the City and County of San Francisco and credited to the Public Health Environmental Health Code Compliance Fund;
      (4)   The Director may recover any costs and fees, including but not limited to attorneys' fees, for enforcement initiated through this Section and authorized under this Article.
(Added by Ord. 299-10, File No. 101062, App. 12/3/2010)
SEC. 597.  NOTICE TO POLICE DEPARTMENT.
   The Director of Public Health shall give written notification thereof to the Chief of Police, who shall thereupon, through the officers of the Police Department, execute and enforce the said order of vacation.
SEC. 598.  PENALTY FOR RESISTING ORDER TO VACATE.
   Any Owner, or the agent of such Owner, or the lessee, or the occupant of any building, structure, property or part thereof ordered vacated hereunder who shall herself or himself or through others forcibly resist or prevent the enforcement of such order shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than $100, and not more than $1,000, or by imprisonment in the County Jail for a period of not less than 10 days nor more than three months, or by both such fine and imprisonment.
(Amended by Ord. 125-01, File No. 010269, App. 6/15/2001)
SEC. 599.  COLLECTION.
   (a)   Notice of Cost and Claim of Lien.
      (1)   Upon satisfactory compliance with the Director's order, the Director shall ascertain the administrative costs incurred by the Department and the Owner of such real property shall thereupon be obligated to the City and County of San Francisco in the amount of such administrative costs. The term "administrative costs" shall include attorneys' fees for those cases in which such fees have been awarded to the Department under this Article. The City and County of San Francisco shall thereupon have a lien for such costs, upon such real property until payment thereof, which lien shall also include additional charges for administrative expenses of $1,000, or 10 percent of the costs of abatement and removal, whichever is higher, and interest at a rate of 1½ percent per month, or fraction thereof, compounded monthly from the date of recordation of the lien on all fees and charges due as aforesaid. The Director shall cause a notice itemizing the administrative costs to be mailed in the manner herein provided for mailing Notice of Hearing, which notice shall demand payment thereof to the Department, and shall give notice of claim of such lien and of the recording of the same, in the event such amount is not paid, as hereinafter set forth.
      (2)   Upon the Responsible Parties' failure to comply with the Director's order and the completion of the abatement and removal of the nuisance by the Department, the Director shall, in addition to ascertaining the administrative costs as set forth in subparagraph (1) of this Section, ascertain the costs of abatement and removal incurred by the City and the Owner of such real property shall thereupon be obligated to the City and County of San Francisco in the amount of such costs of abatement and removal. In addition to the lien provided for in subparagraph (1) of this Section, the City and County of San Francisco shall have a lien for such costs of abatement and removal upon such real property until payment thereof, which lien shall also include additional charges for administrative expenses of $1,000, or 10 percent of the costs of abatement and removal, whichever is higher, and interest at a rate of 1½ percent per month, or fraction thereof, compounded monthly from the date of recordation of the lien on all fees and charges due as aforesaid. The Director shall cause a notice itemizing the cost of abatement and removal to be mailed in the manner herein provided for mailing Notice of Hearing, which notice shall demand payment thereof to the Department, and shall give notice of claim of such lien and of the recording of the same, in the event such amount is not paid, as hereinafter set forth.
   (b)   Recording of Lien. If the costs as provided for in subsection (a) of this Section are not paid to the Department within 45 days after mailing of notice thereof, the Director shall file in the Office of the Recorder of the City and County a verified claim containing a particular description of the property subject to such lien, the place and general nature of the administrative costs and of the abatement and removal for which the lien is claimed, the date of posting of said property, the date of the service of Notice of Violation and the Director's order, and the date of the removal of the nuisance, the name of the Owner of the property as aforesaid and the amount of the lien claimed, which shall include the cost of verification and filing thereof.
   (c)   Collection by Bureau of Delinquent Revenue. The Director shall also transmit to the Bureau of Delinquent Revenue, on the expiration of such 45-day period, a statement of each such unpaid costs, together with the cost of verification and filing and claim therefor. The bureau shall endeavor diligently to collect the same on behalf of the City and County by foreclosure of the lien therefor or otherwise. Any and all amounts paid or collected shall replenish the revolving fund hereinafter provided.
   (d)   Release of Lien. On payment of any such claim of lien, the Director shall give a release thereof.
   (e)   Continuing Appropriation Account. There is hereby created a Special Revenue Fund for a continuing appropriation account entitled "Payment of Property Owner's Delinquencies for Abatement and Removal of Nuisances."
   The account shall be credited with such sums as may be appropriate by the Board of Supervisors, amounts collected by the Department and sums received in consideration of release of liens and payment of special assessments. Expenditures from said sums shall be made to pay for the abatement and removal of nuisances as provided in this Article. In the event that the unexpended balance in said account shall exceed $200,000 such excess shall be transferred to the unappropriated balance of the general fund.
   (f)   Collection of Expenses as a Special Assessment. The Director may initiate proceedings to make unpaid expenses for the administration of the abatement action and for the abatement and removal of nuisances a special assessment against the parcels of property from which the nuisance was abated and removed by the Department.
   (g)   Report of Delinquencies Transmitted to Board of Supervisors. A report of delinquent charges shall be transmitted to the Board of Supervisors by the Director as necessary, but in no event less often than once each year, commencing with the first anniversary of the date of enactment of this ordinance. Upon receipt by the Board of Supervisors of the report, it shall fix a time, date and place for hearing the report and any protests or objections thereto.
   (h)   Notice of Hearing. The Board of Supervisors shall cause notice of the hearing to be mailed to the Owner of the real property and any person or entity with a recorded interest in the property to which the service was rendered not less than 10 days prior to the date of hearing.
   (i)   Hearing. At the time for consideration of the report, the Board of Supervisors shall hear it with any objections of the Owners liable to be assessed for all administrative costs incurred and the costs of abatement and removal by the Director, if any. The Board of Supervisors may make such revisions, corrections or modifications of the report as it may deem just and, in the event that the Board of Supervisors is satisfied with the correctness of the report (as submitted or as revised, corrected or modified), it shall be confirmed or rejected by resolution. The decision of the Board of Supervisors on the report and on all protests or objections thereto shall be final and conclusive.
   (j)   Collection of Assessment. Upon confirmation of the report by the Board of Supervisors, the delinquent charges contained therein shall constitute a special assessment against the property to which the services were rendered. At the time the special assessment is imposed, the Director shall give notice to the Owner and other parties with an interest in the property by certified mail, and shall inform them that the property may be sold by the Tax Collector for unpaid delinquent assessments after three-years. Thereafter, said assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected and shall be subject to the same penalties and same procedure of sale as provided for delinquent, ordinary municipal taxes.
   The assessments shall be subordinate to all existing special assessment liens previously imposed upon the property and paramount to all other liens except those for Stats, county and municipal taxes with which it shall be on parity. Such assessment lien shall continue until the assessment and all interest and penalties due and payable thereon are paid. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to said special assessments. However, if any real property to which the costs of abatement and removal relates has been transferred or conveyed to a bona fide purchaser for value or if a lien of a bona fide encumbrance for value has been created and attaches thereon, prior to the date on which the first installment of taxes would become delinquent, then the costs of abatement and removal shall not result in a lien against the real property but instead shall be transferred to the unsecured roll for collection.
   (k)   Severability. If any part or provision of this Article or application thereof, to any person or circumstance is held invalid, the remainder of the ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end the provisions of this ordinance are severable.
(Amended by Ord. 432-81, App. 8/21/81; Ord. 125-01, File No. 010269, App. 6/15/2001; Ord. 299-10, File No. 101062, App. 12/3/2010)
SEC. 600.  PENALTIES.
   (a)   Criminal Penalty. In addition to any other penalties provided in this Article, any person, or their agents, violating any of the provisions of this Article, or failing to comply with any direction or order of the Director given pursuant to the provisions of this Article, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $100 and not more than $1000, or by imprisonment if the County Jail for a period of not less than 10 days nor more than three months, or by both such fine and imprisonment.
   (b)   Civil Penalty.
      (1)   City Attorney Referral. The Director may refer a case to the City Attorney's Office for civil enforcement at any time.
      (2)   Presumption of Noncompliance with Order. In addition to any other penalties provided in this Article, any person or entity served with a notice or order by the Director setting forth the nature of the violation of this Article, demanding correction of such violation, and specifying the time within which such violation must be corrected, shall be presumed, in subsequent civil proceedings, to have failed to comply with that notice or order at and after the time given in that notice or order for correction of such violation, after the time period specified in the notice or order has expired without correction of that violation.
      (3)   Penalty Amounts. Any person or entity violating this Article shall be liable for a civil penalty of up to $1,000 per violation for each day such violation is committed or permitted to continue, which penalty shall be assessed and recovered in a civil action brought in the name of the people of the City and County of San Francisco by the City Attorney in any court of competent jurisdiction If a Responsible Party corrects a violation within the period specified in the Notice of Violation under Section 596(e)(1), the Court shall not award civil penalties for that violation under this Section provided that the Director has not cited the Responsible Party for the same type of violation at the same property more than twice in a 12-month period.
      (4)   Setting Civil Penalty. In assessing the amount of the civil penalty, the Court shall consider any one or more of the relevant circumstances presented by any of the parties to the case, including but not limited to the following: the nature and seriousness of the misconduct, the number of violations, the persistence of the misconduct, the length of time over which the misconduct occurred, the willfulness of the defendant's misconduct, and the defendant's assets, liabilities, and net worth. Any penalty assessed and recovered in an action brought pursuant to this paragraph shall be paid to the City and credited to the Public Health Environmental Health Code Compliance Fund for use in enforcement and prevention of violations of this Article. In addition, such violations will not be deemed legally abated until the property owner makes full payment of the assessment of costs and fees awarded to the City under this Article or any applicable State law.
      (5)   Cost Recovery. In any civil proceeding filed by the City Attorney to collect civil penalties, the Court may award the Department the costs and fees, including but not limited to attorneys' fees, authorized under this Article.
   (c)   Administrative Penalty.
      (1)   Penalty Amounts. As an alternative to any other fines and penalties applicable to a violation of Section 581(b), any person who violates one or more of those subparagraphs shall be subject to an administrative penalty not to exceed $1,000 for each violation, for each day such violation occurs. The administrative penalty shall be assessed, enforced and collected under Section 596 of this Article. If a Responsible Party corrects a violation within the period specified in the Notice of Violation under Section 596(e)(1), the Hearing Officer shall not award administrative penalties for that violation under this Section provided that the Director has not cited the Responsible Party for the same type of violation at the same property more than twice in a 12-month period.
      (2)   Setting Administrative Penalty. In setting the amount of the administrative penalty, the hearing officer shall consider any one or more of the relevant circumstances presented by any of the parties to the case, including but not limited to the following: the nature and seriousness of the misconduct, the number of violations, the persistence of the misconduct, the length of time over which the misconduct occurred, the willfulness of the defendant's misconduct, and the defendant's assets, liabilities, and net worth. Any penalty assessed and recovered in an action brought pursuant to this paragraph shall be paid to the City and credited to the Public Health Environmental Health Code Compliance Fund for use in enforcement and prevention of violations of this Article. In addition, such violations will not be deemed legally abated until the property owner makes full payment of the assessment of costs and fees awarded to the City under this Article or any applicable State law.
      (3)   Cost Recovery. In any civil proceeding filed by the City Attorney to collect administrative penalties, the Court may award the Department the costs and fees, including but not limited to attorneys' fees, authorized under this Article. Any administrative penalty assessed and recovered pursuant to this paragraph shall be paid to the City Treasurer and credited to the Public Health Environmental Health Code Compliance Fund for use in enforcement and prevention of violations of this Article.
   (d)   Remedies under this Article 11 are non-exclusive, and the City Attorney may institute civil proceedings for injunctive and monetary relief, including civil penalties, against any person for violations of the Health Code under any circumstances, without regard to whether a complaint has been filed or the Director has issued a Notice of Violation or an order to abate a nuisance under Section 596(i).
(Amended by Ord. 125-01, File No. 010269, App. 6/15/2001; Ord. 87-03, File No. 030482, App. 5/9/2003; Ord. 292-04, File No. 040561, App. 12/24/2004; Ord. 299-10, File No. 101062, App. 12/3/2010; Ord. 60-16 , File No. 151085, App. 4/27/2016, Eff. 5/27/2016, Oper. 6/1/2016)
[Poison Ivy; Poison Oak]
SEC. 605.  POISON IVY AND POISON OAK, REMOVAL ON NOTICE.
   Any Owner permitting poisonous growth as defined in Section 581(b)(11) is required to cause the removal and destruction of such poisonous growth when ordered by the Director pursuant to this Article.
(Amended by Ord. 125-01, File No. 010269, App. 6/15/2001)
SEC. 606.
(Repealed by Ord. 125-01, File No. 010269, App. 6/15/2001)
SEC. 607.  ENFORCEMENT.
   The Department is hereby charged with the proper enforcement of Section 605 of this Article.
(Amended by Ord. 125-01, File No. 010269, App. 6/15/2001)
SEC. 608.  PENALTY.
   Any person, firm, association or corporation, neglecting or refusing to remove and destroy such poisonous growth within the time period set by the Director under this Article shall be guilty of a misdemeanor and upon conviction thereof shall be subject to a fine of not more than $1,000 or by imprisonment in the County Jail for a period of not less than 15 days, or by both such fine and imprisonment.
(Amended by Ord. 125-01, File No. 010269, App. 6/15/2001)
[Vector Control and Healthy Housing Inspection Program; Fees]
SEC. 609.  VECTOR CONTROL AND HEALTHY HOUSING INSPECTION PROGRAM FEE.
   (a)   Payment of Fee. Every owner of an apartment house or hotel, as these terms are defined by Section 401 of the San Francisco Building Code, shall pay an annual fee to the Department as required by this Section. This fee shall be known as the "Vector Control and Healthy Housing Inspection Program Fee." The amount of the fee shall be determined by the number of rental units in the building. For purposes of this section, "rental unit" shall mean a dwelling unit, as that term is defined by Section 401 of the San Francisco Building Code, which is rented or offered for rental at any time during the year for which the fee is billed, whether rent is paid in money, goods, or services. An owner of a residential condominium located in a building with three or more rental units (including but not limited to condominiums) shall pay a fee proportional to that owner's share of the rental units in the building.
   (b)   Purpose of Fee. The City may expend the proceeds of this fee only to defray the program and other costs of the vector control, lead hazards, asbestos hazards, and other inspections for health violations and the regulation of these buildings by the Department of Public Health pursuant to Cal. Gov. Code Sec. 54988. The Director shall develop a program for regularly occurring inspections. In addition, the Department may make additional inspections to respond to complaints by occupants, or as otherwise appropriate.
   (c)   Responsibility for Payment. The owner is responsible for payment of the fee. The City may collect only one annual fee set forth in subsection (f) per apartment house or hotel, except that residential condominium owners shall pay their share of the fee as set forth in subsection (a). Where more than one person has an ownership interest in an apartment house or hotel, each owner is responsible for payment of the fee.
   (d)   Late payment penalty. If an owner does not pay the fee required by this Section within 30 days of the due date, the owner shall pay a late payment penalty of $10.00. If an owner does not pay the fee within 60 days of the due date, the owner shall pay an additional late payment penalty of $20.00.
   (e)   Collection of Fee. In the event that the owner fails to pay any fee due under this Section, the City may collect the fee through the placement of a lien in the amount of the fee owed or delinquent, plus interest at the rate of one and ½ percent per month on the outstanding balance and any late payment penalties, against the real property pursuant to the procedures set forth in Col. Government Code Sec. 54988 and of the San Francisco Administrative Code (beginning with Section 10.230). In accordance with California Government Code Section 54988, all laws applicable to the levy, collection, and enforcement of ad valorem taxes shall be applicable to the proposed lien.
   (f)   Fee Schedule.
Apartment Building Fees
 
Number of Rental Units In Apartment Building
Fee Per Building Per Annum
3 units
$25
4-6 units
$31
7-10 units
$42
11-15 units
$50
16-20 units
$70
21-30 units
$82
Over 30 units
$103
 
Hotel Fees
 
Number of Rental Units of Hotel
Fee Per Building Per Annum
Less than 20 units
$151
20-29 units
$177
30-39 units
$218
40-49 units
$269
50-59 units
$353
60-99 units
$407
100-149 units
$439
150-175 units
$494
More than 175 units
$582
 
(Ord. 159-08, File No. 080748, App. 7/30/2008)
Editor's note:
   Ord. 159-08, File No. 080748, Approved July 30, 2008, repealed former §§ 609-609.3 and added §§ 609-609.2 to read as herein set out.
SEC. 609.1.  REINSPECTION FEE AUTHORIZED.
   (a)   If an inspection discloses a violation of any provision of this Code or of any State law for which the Department is responsible for enforcement, the Department shall determine a period of time that is reasonable to correct the violation and shall thereafter reinspect the property to verify such-correction. The term "reinspection" shall refer to any inspection by the Department to verify whether an owner has corrected a violation.
   (b)   Except as provided in subsection (c), the owner shall pay a fee in the amount of $167.00 per hour for each reinspection by an environmental health inspector, and $150.00 per hour for each reinspection by an environmental health technician to compensate the Department for its costs in performing the reinspection. Reinspections that require more than one hour to complete shall be subject to an additional fee at the rate of $83.00 for reinspections by environmental health inspectors, and $75.00 for reinspections by environmental health technicians, for each half hour or part thereof beyond the first 60 minutes. If more than one reinspection is necessary to secure correction of a violation, the owner shall pay a fee in the amount set forth herein for each reinspection. In the event that the owner fails to pay any reinspection fee due under this Section within 30 days of the due date, the owner must pay a late payment penalty of $40.00 and the City may collect the reinspection fee through the placement of a lien in the amount of the fee and any late payment penalty owed or delinquent, plus interest of one and ½ percent per month, against the real property pursuant to the procedures set forth in Chapter 10, Article XX of the San Francisco Administrative Code (beginning with Section 10.230).
   (c)   The Vector Control and Healthy Housing Fee shall cover the cost of regularly occurring inspections, initial complaint-based inspections, and the first reinspection. The reinspection fees described in subsection (b) shall apply to apartment houses and hotels subject to the Vector Control and Healthy Housing Inspection Program Fee for the second and every subsequent reinspection necessary to secure the correction of a violation. In addition to the lien procedures set out in subsection (b), all laws applicable to the levy, collection, and enforcement of ad valorem taxes shall be applicable to proposed liens for collection of reinspection fees for property subject to the Vector Control and Healthy Housing Inspection Program Fee.
(Ord. 159-08, File No. 080748, App. 7/30/2008)
SEC. 609.2.  FEE ADJUSTMENT.
   Beginning with fiscal year 2008-2009 and annually thereafter, the fees set forth in Sections 609 and 609.1 may be adjusted each year, without further action by the Board of Supervisors, as set forth in this Section.
   Not later than April 1, the Director shall report to the Controller the revenues generated by the fees for the prior fiscal year and the prior fiscal year's costs of operation, as well as any other information that the Controller determines appropriate to the performance of the duties set forth in this Section.
   Not later than May 15, the Controller shall determine whether the current fees have produced or are projected to produce revenues sufficient to support the costs of providing the services for which the fee is assessed and that the fees will not produce revenue which is significantly more than the costs of providing the services for which the fee is assessed.
   The Controller shall, if necessary, adjust the fees upward or downward for the upcoming fiscal year as appropriate to ensure that the program recovers the costs of operation without producing revenue which is significantly more than such costs. The adjusted rates shall become operative on July 1.
(Ord. 159-08, File No. 080748, App. 7/30/2008)
SEC. 610.  ATTORNEYS' FEES AUTHORIZED.
   The prevailing party in any action, including but not limited to administrative proceeding, court case, or special proceeding, to abate a nuisance shall recover attorneys' fees if the Director elects, at the initiation of the action, to seek recovery of attorneys' fees and provides notice of such intention to the Responsible Party. In no action shall an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the City.
(Added by Ord. 299-10, File No. 101062, App. 12/3/2010)
SEC. 613.  OPERATION OF GAS WORKS REGULATED.
   It shall be unlawful for any person, firm or corporation engaged in the business of manufacturing illuminating gas to cause or permit any gas, tar, or refuse to be deposited in any public waters or sewer, or public street or place; or to permit any gas, dangerous or prejudicial to health, to escape from any gas works or pipes; or to manufacture illuminating gas of such ingredients or quality that in the process of burning such gas or anything escaping therefrom shall be dangerous or prejudicial to life or health.
   Every person, firm or corporation engaged in the manufacture of illuminating gas must use the most approved methods to prevent the escape of odors.
SEC. 614.  VACANT LOT DEDICATION.
   The Director is hereby authorized to give notice to every Owner of a vacant lot in the City and County of San Francisco advising the Owners to contact the Director should the Owners wish to dedicate their properties to alternative uses, including but not limited to urban gardens and park space.
(Added by Ord. 125-01, File No. 010269, App. 6/15/2001)
SEC. 615.  DISCRETIONARY DUTIES.
   Subject to the limitations of due process and applicable requirements of State and federal law, and notwithstanding any other provision of this Code, whenever the words "shall" or "must" are used in establishing a responsibility or duty of the City, its elected or appointed officers, employees, or agents, it is the legislative intent that such words establish a discretionary responsibility or duty requiring the exercise of judgment and discretion.
(Added by Ord. 125-01, File No. 010269, App. 6/15/2001)
SEC. 616.  DISCLAIMER OF LIABILITY.
   (a)   The degree of protection required by this Article is considered reasonable for regulatory purposes. This Article shall not create liability on the part of the City, or any of its officers or employees for any damages that result from reliance on this Article or any administrative decision lawfully made pursuant to this Article.
   (b)   In undertaking the implementation of this Article, the City and County of San Francisco is assuming an undertaking only to promote the public health, safety, and general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury.
   (c)   Except as otherwise required by State or federal law, all inspection specified or authorized by this Article shall be at the discretion of the City and nothing in this Article shall be construed as requiring the City to conduct any such inspection nor shall any actual inspection made imply a duty to conduct any other inspection.
(Added by Ord. 125-01, File No. 010269, App. 6/15/2001)