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The Director of the Department of Building Inspection shall appoint a representative who for purposes under this Article shall consult with the Director to identify any factors contributing to lead hazards which may be Housing Code or Building Code violations.
(Added by Ord. 409-96, App. 10/21/96)
(a) All dwelling units or nonresidential premises which have been inspected pursuant to Section 1626, and which contain lead hazards as determined by the Director, are hereby declared to be and are nuisances. The Director is hereby authorized and empowered to abate any such nuisance by issuance of an order as set forth in this Article, or by taking such other actions as authorized by law. Every order issued pursuant to this Article shall require the performance of such lead hazard remediation techniques as may be necessary in the Director's discretion to control, reduce or eliminate lead hazards and to abate any nuisance caused by such hazards. Every such order shall include a schedule for the performance of all lead hazard reduction or control activities, including abatement of Housing and/or Building Code violations which cause or contribute to the nuisance. The schedule shall reflect time allocated for the required public hearing under Section 1631.
(1) Every Section 1628(a) order issued to the owner or manager of a dwelling unit shall state, in boldface type of at least 12 points, the following warning:
WARNING! Sections 17274 and 24436.5 of the Calif. Revenue and Taxation Code provide that a taxpayer who derives rental income from housing determined by the San Francisco Department of Public Health or by the San Francisco Department of Building Inspection to be substandard by reason of violation of state or local codes dealing with housing, building, health, or safety, cannot deduct from state personal income taxes and bank and corporate income taxes any deductions for interest, taxes, depreciation, or amortization attributable to such substandard housing, where the substandard conditions are not corrected within six months after notice of violation.
(b) Any lead hazard remediation technique which the Director determines necessary to eliminate lead hazards must be substantially completed within 14 days of the effective date of the order, except that activities which require the owner or manager to obtain permits and/or contractors, must be substantially completed within 30 days of the effective date of the order. For the purposes of this Section, the term "substantially completed" shall include but not be limited to obtaining estimates, applying for permits, hiring contractors and to the extent reasonably possible, conducting the activities specified by the order.
(c) The Director's order may limit the performance of specified lead hazard remediation techniques to certified or licensed contractors.
(d) Upon request of the Director, the consultant(s) appointed under Section 1627 shall prepare and submit a plan outlining any identified Housing or Building Code violations in a building, premises or dwelling unit subject to inspection under this Article, concluding whether such violations cause or contribute to lead hazards identified by the Director, and indicating the measures necessary to eliminate the hazards. The Director may incorporate the Consultant's conclusions in any order issued under this Article.
(e) The Director may require that the owner/manager obtain a building permit from the Department of Building Inspection for certain activities to complete the order.
(f) All orders issued under this Section shall require the least invasive, lowest-cost lead hazard remediation techniques available to abate the nuisance created by lead hazards, provided that the use of any such remediation technique is effective to protect the lead-poisoned child from exposure to lead hazards for the period ordered by the Director.
(g) The Director may review any order issued under this Article with the owner or manager at the site of the inspection.
(h) Every person subject to an investigation or other enforcement action pursuant to the provisions of this Article shall pay an inspection and administrative fee to cover the costs of inspection, sampling, testing, and administrative time. The inspection fee shall equal $85 per hour of Department of Public Health staff time spent during inspection or periodic surveillance, plus the actual cost of any equipment, supplies, laboratory fees, all tenant relocation costs and any other costs required to bring the dwelling into compliance with an order issued by the Director under this Section.
(i) All orders issued under this Section must be written in the appropriate language(s) of the affected tenant(s) and owner or manager.
(j) All orders issued under this Section to the owner of a dwelling unit shall require the owner to notify future occupants, purchasers or transferees of the contents of the order, and whether the dwelling unit is in compliance with the order at the time of transfer or lease.
(k) An owner or manager issued orders under this Section must comply with all applicable federal, State or local laws regarding lead hazard remediation techniques.
(l) In any judicial or administrative proceeding, it shall not be a defense to an order issued under the Housing Code, Building Code or Health Code that the condition of the building or dwelling was not a cause or contributing factor to the child's blood lead level.
(m) All orders issued under this Section shall require the owner to provide adequate protection to occupants against lead hazards, including vacation of the building or dwelling unit, if necessary in the Director's discretion. The Director may delete a vacation requirement at the request of any party upon approval of a workplan specifying work processes, performance controls, and engineering and access controls that will ensure occupant safety during lead hazard reduction work.
(Added by Ord. 409-96, App. 10/21/96)
(a) The Director shall issue a report of findings to accompany all orders issued under Section 1628, which will contain the following:
(1) A list of all potential exposure sources and lead hazards, including the characteristic(s) of each source and whether the source is under the control of the occupant or owner of the building or dwelling unit. Lead hazards shall be considered in the owner or manager's control.
(2) An explanation of the cause(s) of any and all lead hazards found in the building or dwelling unit, in the common areas of the building, and from the exterior of the building, out to the perimeter of the property.
(b) Every report of findings regarding lead hazards in a dwelling unit shall contain a statement, supported by factual findings, identifying any lead hazard which the Director has determined constitutes a substantial danger to the occupants.
(c) A record of all paint and soil conditions cited in the Director's order shall be made in writing and visually documented by still or video camera.
(d) Any order under this Section 1629 shall be written in the appropriate language(s) of the affected tenant(s), owner(s) and/or manager(s).
(Added by Ord. 376-92, App. 12/23/92; amended by Ord. 409-96, App. 10/21/96)
(a) Whenever the Director determines that a nuisance under this Article presents an imminent and substantial threat to the health of a lead-poisoned child, and that an order under Section 1628 will not protect the affected child from the continued presence of lead hazards before the building, premises or dwelling unit can be made lead safe, the Director may issue an emergency order to the owner or manager. The emergency order shall require the owner or manager to reduce or eliminate certain lead hazards within 48 hours, and shall specify the measures necessary to reduce the hazard(s). Emergency orders may require immediate cleaning of the building, premises or dwelling unit, fencing to limit access to lead-contaminated soil, provision of bottled drinking water, and other measures which the Director determines to be readily available to prevent exposure to a lead hazard.
(b) The Director will determine at his or her discretion when the emergency procedures have been satisfactorily completed. Any lead hazards which have not been addressed by the emergency order, shall be designated in an order issued under Section 1628.
(c) An emergency order issued under this Section shall be personally served upon the owner or manager of the building, premises or dwelling unit, and any tenant residing there with a lead-poisoned child. If the owner or manager cannot be located promptly after the Director's determination to issue an emergency order, the order may be served as set forth in Section 1631(a).
(d) All emergency orders issued under this Section must be written in the appropriate language(s) of the affected tenant(s), owner(s) and manager(s). Every such order to the owner or manager of a dwelling unit shall also state, in boldface type of at least 10 points, the following warning:
"WARNING! Sections 17274 and 24436.5 of the Calif. Revenue and Taxation Code provide that a taxpayer who derives rental income from housing determined by the San Francisco Department of Public Health or by the San Francisco Department of Building Inspection to be substandard by reason of violation of state or local codes dealing with housing, building, health, or safety, cannot deduct from state personal income taxes and bank and corporate income taxes any deductions for interest, taxes, depreciation, or amortization attributable to such substandard housing, where the substandard conditions are not corrected within six months after notice of violation."
(e) In the event that the person named in an emergency order fails to carry out prescribed activities, the Director may abate the nuisance as provided in Article 11, Section 599 of the San Francisco Health Code. An emergency order shall not be appealable under this Article.
(Added by Ord. 409-96, App. 10/21/96)
(a) Orders issued under Sections 1625 or 1628 shall be served by certified mail, return receipt requested, and accompanied by a notice which shall be posted at the affected site. The order and notice shall include, but not be limited to, the measures necessary for compliance with the order, the final compliance date, and the date of the public hearing scheduled under Section 1631(b).
(1) For all order issued under Section 1628, a copy of the order and notice, and the report of findings under Section 1629, shall be mailed to the parent or guardian of the child determined to have an elevated blood level, and notice of the presence of lead hazards may be provided to users of nonresidential buildings and premises by posting a notice at the affected site. A copy of the order, notice and report of findings shall be served upon each of the following:
(A) The landlord, manager, or other person in real or apparent charge and control of the premises or dwelling unit involved;
(B) The owner of record.
(2) For all orders issued under Section 1625, a copy of the order and notice shall be mailed to the owner of record.
(3) Service under this Section shall be effective on the date of mailing if sent to each person at the address of such person as it appears on the last equalized assessment roll of the County or at the address to which the most recent real property tax bill for said building or premises was mailed by the Tax Collector. If no such address so appears from the assessment roll of the County or the records of the Tax Collector, then a copy of the order, notice and report of findings shall be addressed to such person at the address of the building or premises involved. The failure of any owner or other person to receive such order, notice and report of findings shall not affect in any manner the validity of any proceeding under this Article.
(b) When an order is issued under Sections 1625 or 1628, a public hearing shall be scheduled and held seven working days from the date the order is issued. An extension of time for the hearing may be granted by the Director upon good cause shown by an owner, manager, landlord or tenant(s) electing to appear at the hearing.
(d) At the conclusion of a public hearing, the Director may take any action consistent with this ordinance and other applicable law. The Director's final decision shall be in writing, shall contain a statement of reasons in support of the decision and shall reflect any extension of time, if necessary, for compliance with the order.
(1) Decisions of the Director under Section 1628 shall be sent by certified mail, return receipt requested, to the building owner or manager, and to the landlord and tenant of the applicable dwelling unit, and by regular mail to all other parties who request a copy at the hearing.
(2) Decisions of the Director under Section 1625 shall be sent by certified mail, return receipt requested, to the owner of record.
(e) A copy of the Director's decision shall be posted in a conspicuous place on the building or premises, and shall be recorded in the office of the Recorder of the City and County of San Francisco.
(Added by Ord. 409-96, App. 10/21/96; amended by Ord. 448-97, App. 12/5/97)
Whenever a final decision of the Director has been issued under Section 1631, and the date for compliance has arrived, a clearance inspection shall be conducted by the Director in order to verify compliance. If the Director finds that the owner or manager has not complied with an order, or that compliance has failed to eliminate lead hazards or abate the nuisance created thereby, the Director may issue additional orders or take such further actions as authorized by law. The Director shall notify the Director of the Department of Building Inspection if violations of the San Francisco Building Code or the San Francisco Housing Code continue to cause or contribute to any lead hazard. If the Director determines that the order has been complied with the Director shall issue an order rescinding the original order. The order of recision shall be recorded in the office of the Recorder upon verification that the Department's costs, charges and penalties under Sections 1628(h), 1636, and 1637 have been paid.
(Added by Ord. 409-96, App. 10/21/96)
(a) Whenever the Director determines that an owner or manager has complied with a Section 1628 order which ordered only temporary remediation techniques, the Director shall issue a Maintenance and Reinspection Order. Every such order shall include a schedule of appropriate maintenance and periodic reinspection. Reinspections will be performed by a certified risk assessor. Reinspection reports, including visual and quantitative data, shall be submitted to the Director.
(b) The Director may, as necessary, issue new Emergency or Hazard Reduction Orders to the owner or manager of a dwelling unit or nonresidential premises which is subject to a Maintenance and Reinspection Order.
(Added by Ord. 409-96, App. 10/21/96)
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