(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)