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(a) The Department shall compile a list of Gas-Powered Landscaping Equipment for which Replacement Technology is unavailable. This list shall be called the Exempt Gas-Powered Landscaping Equipment List. Replacement Technology shall be deemed to be “unavailable” for purposes of this list if Replacement Technology does not exist, or if the Replacement Technology cannot be purchased for an amount less than or equal to 300% of the cost of the equivalent Gas-Powered Landscaping Equipment, taking into account up-front costs, including electrical infrastructure supporting Replacement Technology, and operating costs over a one-year period for the Gas-Powered Landscaping Equipment and equivalent Replacement Technology. As appropriate, the Department may specify on the list limited circumstances in which Replacement Technology for particular Gas-Powered Landscaping Equipment is unavailable, such that Gas-Powered Landscaping Equipment may be used. The Department shall review the list at least annually and make any necessary changes.
(b) Notwithstanding Section 2102, Gas-Powered Landscaping Equipment included on the Exempt Gas-Powered Landscaping Equipment List may be used subject to any limitations stated on that list so long as the equipment remains on the list.
(Added by Ord. 202-22, File No. 220199, App. 10/6/2022, Eff. 11/6/2022)
This Article 21 shall be administered and enforced by the Department of the Environment. The Director may adopt regulations, guidelines, and forms to carry out the provisions and purposes of this Article.
(Added by Ord. 202-22, File No. 220199, App. 10/6/2022, Eff. 11/6/2022)
(a) Enforcement Procedure. The Director shall issue an administrative citation for the violation of Sections 2102(b) or (c) of this Article. The Director shall issue an administrative citation for the violation of section 2102(a) only if the conduct in issue is related to, or also is, a violation of section 2102(b) and/or 2102(c). Administrative Code Chapter 100, “Procedures Governing the Imposition of Administrative Fines,” is hereby incorporated in its entirety, except as it relates to the definition of a violation and the calculation of penalty amounts, addressed in Sections 2104(b) and (c) of this Article 21. Administrative Code Chapter 100 shall govern the procedure for imposition, enforcement, collection, and administrative review of administrative citations issued under this Article.
(b) Violations Subject to Penalties. For purposes of assessing penalties for violation of Sections 2102(b) or 2102(c), each occasion in which a Person operates or allows the operation of Gas-Powered Landscaping Equipment in violation of sections 2102(b) and/or (c) is a separate violation. For continuing violations, a separate violation shall accrue for each day on which the operation continues.
(c) Penalty Amounts. In setting the amount of the administrative penalty, which shall not exceed $1,000 per violation, the Director shall consider any one or more mitigating or aggravating circumstances presented, including but not limited to the following: the persistence of the violation, the willfulness of the violation, the length of time over which the violation occurred, and the assets, liabilities, and net worth of the violator.
(d) Public Nuisance. Operation of any Gas-Powered Landscaping Equipment in violation of this Article more than 10 days after issuance of a notice shall be a public nuisance.
(Added by Ord. 202-22, File No. 220199, App. 10/6/2022, Eff. 11/6/2022)
The Director shall conduct outreach to businesses and individuals impacted by this Article 21 and Chapter 12E of the Administrative Code to inform them of these provisions, and of the buy-back program described in Section 10.100-74(b)(ii) of the Administrative Code. In conducting this outreach campaign, the Director shall partner with one or more San Francisco-based community organizations that serve communities employed in the landscaping industry.
(Added by Ord. 202-22, File No. 220199, App. 10/6/2022, Eff. 11/6/2022)
Starting in 2026, the Director shall provide a written report to the Board of Supervisors no later than March 31 of each year in which the Director describes the progress over the prior calendar year on implementation of this Article 21, including enforcement efforts and the public education campaign, on implementation of the restrictions on City use of Gas-Powered Landscaping Equipment in Chapter 12E of the Administrative Code, on administration of the Buy-Back Program as described in Section 10.100-74(c)(2) of the Administrative Code, and on all uses of the funds in the Healthier, Cleaner, Quieter Communities Fund under Section 10.100-74 of the Administrative Code. This reporting obligation shall end on December 31, 2036.
(Added by Ord. 202-22, File No. 220199, App. 10/6/2022, Eff. 11/6/2022)
In enacting and implementing this Article 21, the City is assuming an undertaking only to promote the 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.
(Added by Ord. 202-22, File No. 220199, App. 10/6/2022, Eff. 11/6/2022)