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(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)
DIVISION VIII
INCENTIVE PROGRAMS
INCENTIVE PROGRAMS
(a) The Mayor's Office shall develop proposed programs for grants, loan guarantees and no- or low-interest loans for owners of property contaminated with lead. The Mayor's Office shall transmit to the Board of Supervisors a range of options for such programs within one year.
(b) In preparing proposed programs, the Mayor's Office shall consider and make recommendations regarding the following potential elements: whether and to what extent financial assistance should be provided based on an owner's voluntary abatement of lead hazards, the income of the owner and the owner's tenants, the risk of tenants becoming homeless if abatement work proceeds and the cost of the work is passed through to the tenants, the presence of children under the age of six on the property, the current blood lead levels of children who frequent the property, the condition of the property, whether rehabilitation, energy conservation or other improvements are planned, and whether the owners of nonrental property should be required to demonstrate financial need and the presence of children under the age of six with a certain blood lead level.
(Added by Ord. 376-92, App. 12/23/92; amended by Ord. 409-96, App. 10/21/96)
DIVISION IX
COMPREHENSIVE ENVIRONMENTAL LEAD POISONING FUND
COMPREHENSIVE ENVIRONMENTAL LEAD POISONING FUND
(a) There is hereby established a special fund to be known as the Comprehensive Environmental Lead Poisoning Fund. Into this fund shall be deposited (1) all monies obtained from civil penalties obtained from enforcement of this Article, (2) all monies obtained from enforcement of Proposition 65 (the Safe Drinking Water and Toxic Enforcement Act of 1986, Health and Safety Code Sections 25249.5 et seq.), Business and Professions Code Sections 17200 et seq., or similar laws, insofar as monies are recovered under these laws because of lead contamination, except when the governing law requires that the monies be otherwise allocated, and (3) all donations of money which may be offered to the City to support the Program. The Director is hereby authorized to accept, on behalf of the City and County of San Francisco, any grants, gifts and bequests made for the purpose of furthering the goals of the Program and upon acceptance they shall be deposited into said fund.
(b) Subject to the budget and fiscal provisions of the Charter, the monies in this fund may only be expended for expenses related to the development, implementation and operation of the Program.
(c) Interest earned from the monies in said fund shall become part of the principal thereof, and shall not be expended for any purpose other than for which said fund is established. The balance remaining in the fund at the close of any fiscal year shall be deemed to have been provided for a specific purpose within the meaning of Charter Section 6.306 and shall be carried forward and accumulated in said fund for the purpose recited herein.
(d) No later than one year after the effective date of this ordinance and thereafter annually, the Controller shall submit a report to the Director, the Board of Supervisors and the Mayor which shall include the following information:
(1) A detailed identification of the sources of monies contributed to the fund;
(2) An accounting of the uses of the monies in the fund during the preceding year;
(3) An estimate of the amount of money that the Controller anticipates, after consulting with the Director and other appropriate City departments, shall be deposited in the fund during the next year.
The Controller shall coordinate with the Director and attempt to issue this report at the same time that the Director provides the annual Program report required under Section 1609.
(Added by Ord. 376-92, App. 12/23/92; amended by Ord. 409-96, App. 10/21/96)
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