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(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)
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)
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)
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.
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)
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)
(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)