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The Board of Supervisors finds and declares the following:
(a) Tenants, property owners and Pest Control Operators ("PCO") have distinct rights and responsibilities regarding bed bug infestations.
(b) Effective abatement is more likely to occur when tenants, property owners and PCOs are properly trained with a baseline curriculum.
(c) Female bed bugs can produce over 500 eggs in a lifetime and infestations can double in number every 16 days.
(d) Bed bug egg mortality is very low, with approximately 97% of the bed bug eggs hatching successfully.
(e) Bed bug infestations may go unnoticed for 6 months or more due to their particular life cycle, and the fact that they are dormant for long periods of time after feeding.
(f) Bed bugs can live up to 18 months and effective abatement can require multiple treatments.
(g) The City and County of San Francisco ("City") identifies bed bug infestations as a public nuisance.
(h) A prevalence of bed bug infestations exist in San Francisco residential hotels, posing a significant health hazard and public nuisance.
(i) Bed bugs cannot be solely abated by members of the public, and travel through ventilation and electrical systems in multi-unit establishments causing exponential infestations.
(j) Bed bug infestations spread more quickly in densely populated areas.
(k) Tenants have an interest in the bed bug history of potential rental units, and may make decisions on whether to rent based on that information.
(l) All involved parties have interest in certifying that bed bug infestations are effectively abated.
(m) The true number of bed bug infestations in the City is unknown to the Department of Public Health and the public, but can be more closely approximated by reports from PCOs.
(n) Bed bug infestations negatively impact the mental and emotional health of affected persons.
(o) Bed bug infestations require considerable time, effort and money to abate.
(p) San Francisco has a high percentage of low-income residents who are financially unable to combat the bed bug problem independently.
(q) Increased media attention on bed bug infestations potentially negatively effects tourism.
(r) Abatement costs can be expensive, and strict enforcement is required to ensure that all parties fulfill their respective responsibilities.
(a) The Department of Public Health ("DPH") shall create, and distribute, and maintain written information that clearly describes the rights and responsibilities of tenants, property owners, property managers, and licensed Pest Control Operators ("PCOs") regarding bed bug abatement. DPH shall review and, if needed, update this information at least once every three years.
(b) The DPH Environmental Health Section ("DPH-EHS") shall, in collaboration with the Department of Building Inspection Housing Inspection Division, after consultation with interested stakeholders and experts in the field, produce a training curriculum on proper bed bug abatement procedures for all property types. DPH-EHS shall complete the first curriculum within six months from the effective date of this ordinance, and shall review and update the curriculum at least once every three years to ensure that the content correctly reflects current best practices in bed bug abatement procedures.
(c) Property owners and managers shall investigate bed bug infestation complaints, and record and abate confirmed bed bug infestations in conformity with any rules adopted by DPH for the prevention and control of bed bug infestation under S.F. Health Code Section 581, or any successor provisions. Tenants shall comply with all rules adopted by DPH for the prevention and control of bed bug infestation under S.F. Health Code Section 581, or any successor provisions.
(d) With the exception of tourist hotels, at the request of a prospective tenant, a property owner and/or property manager shall furnish to the tenant written disclosure of the unit's bed bug infestation and abatement history for the previous two years. If there is no history of bed bug infestation, the property owner or manager shall disclose that fact in writing. Such written disclosure must be signed by the property owner and/or manager and tenant prior to the date the property owner and/or manager initially delivers possession of the premises to the tenant.
(e) Whenever the DPH Director, or her/his designee, issues a notice of violation to correct a bed bug infestation, DPH shall re-inspect the property after pest control treatment to verify abatement of the bed bug infestation. Re-inspection shall occur within 45 days of the last treatment.
(f) DPH-EHS shall, on the first day of each month, collect monthly reports from PCOs that include the number of units, by census tract, PCOs treated for bed bug infestations the previous month.
(g) DPH-EHS shall produce reports aggregating data and showing historical trends about all reported, active, and abated bed bug infested units. Such reports shall be available to the public on the DPH-EHS website.
The Department shall issue a Notice of Violation (NOV) and follow the procedures established by S.F. Health Code Section 596 or 596.5 to a property owner and property manager, and/or tenant, for violations of this Article or any rules adopted by the DPH Director for prevention and control of bed bug infestation.
Any property owner and/or property manager, or their agents, and/or tenant, who violate the provisions of this Article or any rules adopted by the DPH Director for prevention and control of bed bug infestations, shall be subject to penalties and shall be liable for administrative costs as set forth in S.F. Health Code Article 11.
(a) The Health Department shall conduct a biannual public hearing to review the Rules and Regulations for the Prevention and Treatment of Bed Bug Infestations, and adopt amendments as determined to be appropriate under the goals and requirements of this Article. The Health Department may also consider and adopt amendments to the Rules and Regulations for the Prevention and Treatment of Bed Bug Infestations at other publicly noticed meetings, as needed to effectuate the goals and requirements of this Article.
(b) Interested parties, including, but not limited to, tenants, property owners and Pest Control Operators, may request that the Health Department amend the Rules and Regulations for the Prevention and Treatment of Bed Bug Infestations. Placement of such requests on a Health Department agenda or notice of hearing shall be at the discretion of the Director of Public Health.
(c) A public hearing or meeting noticed under this Section 624 shall be noticed for a minimum of ten (10) days. Notice shall be provided to interested parties, including, but not limited to, tenants, property owners and Pest Control Operators, according to Health Department rules and regulations promulgated for this purpose.