Skip to code content (skip section selection)
(a) Any Property Owner who violates any provision of this Article 12A or any regulation implementing this Article shall be subject to enforcement, including, but not limited to:
(1) Installation of a flow restrictor, with applicable fees as specified under regulations adopted by the San Francisco Public Utilities Commission.
(2) Disconnection of the noncompliant water service(s) until the Cross-connection has been eliminated and appropriate fees have been paid, including but not limited to service shut-off and service turn-on fees as specified under regulations adopted by the San Francisco Public Utilities Commission.
(3) Any other enforcement action deemed necessary by the General Manager and the City Attorney to protect the Public Water System, including but not limited to seeking judicial remedies.
(b) If a Property Owner refuses or fails to eliminate a Cross-connection, and disconnecting water service would cause significant disruption to building occupants and/or emergency response agencies, the General Manager may test, repair and/or replace a Backflow Prevention Assembly, or take other required action to eliminate the Cross-connection. The Property Owner shall be required to pay for all costs of such action.
(c) Whenever the General Manager determines that an existing or potential unprotected Cross-connection poses an imminent risk of hazard to the Public Water System and requires immediate abatement, the General Manager may immediately shut off water service to the Property at the meter until the Cross-connection has been eliminated and necessary payments have been made for turn-on services as specified under regulations adopted by the General Manager.
(d) Any Property Owner who violates any provision of this Article 12A or any regulation implementing this Article shall be subject to the imposition, enforcement, collection, and review of administrative fines, and any other available legal remedies in accordance with Chapter 100 of the Administrative Code, which is incorporated herein in its entirety and which shall govern the imposition, enforcement, collection, and review of administrative fines issued to enforce this Article 12A and any rule or regulation adopted pursuant to this Article 12A, provided that:
(1) Each day a violation is committed or permitted to continue shall constitute a separate violation;
(2) The amount of the fine for violation of this Article 12A shall be up to $1,000 per violation per day;
(3) The General Manager is the charging official authorized under this Article 12A;
(4) The General Manager shall appoint the hearing officer to conduct hearings for appeals, and said hearing officer shall determine the time and place of such hearings, and provide appropriate notice of such hearings;
(5) The fine for any violation issued pursuant to this Section 12A.10 shall be paid to the Treasurer of the City and County of San Francisco and credited to the appropriate San Francisco Public Utilities Commission Water Enterprise fund;
(6) The General Manager may recover any costs and fees, including but not limited to attorneys' fees, for enforcement initiated through this Section 12A.10 and authorized under this Article 12A.
(7) The Board of Supervisors finds that Cross-connections between real properties and the Public Water System create a direct public health risk to the Public Water System, and thus a violation of this Article 12A will have a nexus between the violation and real property located in the City. In accordance with the requirements of Chapter 100 of the Administrative Code, the General Manager may provide notice of enforcement action to the owner of the real property and that unpaid Public Utilities Commission fines for the citations may become a lien on the Property, and the General Manager may collect such fines.
(Added by Ord. 100-16 , File No. 160294, App. 6/17/2016, Eff. 7/17/2016)