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San Francisco Overview
San Francisco Charter
San Francisco Administrative Code
ADMINISTRATIVE CODE
THE SAN FRANCISCO CODES
PREFACE TO THE ADMINISTRATIVE CODE
CHAPTER 1: GENERAL PROVISIONS
CHAPTER 2: BOARD OF SUPERVISORS
CHAPTER 2A: EXECUTIVE BRANCH
CHAPTER 2B: ASSESSMENT APPEALS BOARDS (TAX APPEAL BOARDS)
CHAPTER 3: BUDGET PROCEDURES
CHAPTER 4: CITY BUILDINGS, EQUIPMENT, AND VEHICLES
CHAPTER 5: COMMITTEES
CHAPTER 6: PUBLIC WORKS CONTRACTING POLICIES AND PROCEDURES
CHAPTER 7: DISASTER COUNCIL
CHAPTER 8: DOCUMENTS, RECORDS AND PUBLICATIONS
CHAPTER 9A: FARMERS' MARKET
CHAPTER 9B: FLEA MARKET
CHAPTER 10: FINANCE, TAXATION, AND OTHER FISCAL MATTERS
CHAPTER 10B: SPECIAL LAW ENFORCEMENT AND PUBLIC WORKS SERVICES
CHAPTER 10C: REIMBURSEMENT FOR TOWING AND STORAGE OF VEHICLES
CHAPTER 10E: PLANNING MONITORING
CHAPTER 10F: 1660 MISSION STREET SURCHARGE
CHAPTER 10G: BOARD OF APPEALS SURCHARGE FOR PERMITS AND FEES
CHAPTER 10H: RECOVERY OF COSTS OF EMERGENCY RESPONSE
CHAPTER 11: FRANCHISES
CHAPTER 12: HOUSING AUTHORITY
CHAPTER 12A: HUMAN RIGHTS COMMISSION
CHAPTER 12B: NONDISCRIMINATION IN CONTRACTS
CHAPTER 12C: NONDISCRIMINATION IN PROPERTY CONTRACTS
CHAPTER 12D: MINORITY/WOMEN/LOCAL BUSINESS UTILIZATION
CHAPTER 12E: CITY EMPLOYEE'S SEXUAL PRIVACY ORDINANCE
CHAPTER 12F: IMPLEMENTING THE MACBRIDE PRINCIPLES - NORTHERN IRELAND
CHAPTER 12G: PROHIBITION ON USE OF PUBLIC FUNDS FOR POLITICAL ACTIVITY BY RECIPIENTS OF CITY CONTRACTS, GRANTS, AND LOANS
CHAPTER 12H: IMMIGRATION STATUS
CHAPTER 12I: CIVIL IMMIGRATION DETAINERS
CHAPTER 12J: CITY BUSINESS WITH BURMA PROHIBITED
CHAPTER 12K: SALARY HISTORY*
CHAPTER 12L: PUBLIC ACCESS TO RECORDS AND MEETINGS OF NONPROFIT ORGANIZATIONS
CHAPTER 12M: PROTECTION OF PRIVATE INFORMATION*
CHAPTER 12N: LESBIAN, GAY, BISEXUAL, TRANSGENDER, QUEER, AND QUESTIONING YOUTH: YOUTH SERVICES SENSITIVITY TRAINING
CHAPTER 12O: EARNED INCOME CREDIT INFORMATION
CHAPTER 12P: MINIMUM COMPENSATION
CHAPTER 12Q: HEALTH CARE ACCOUNTABILITY
CHAPTER 12R: MINIMUM WAGE
CHAPTER 12S: WORKING FAMILIES CREDIT PROGRAM
CHAPTER 12T: CITY CONTRACTOR/SUBCONTRACTOR CONSIDERATION OF CRIMINAL HISTORY IN HIRING AND EMPLOYMENT DECISIONS
CHAPTER 12U: SWEATFREE CONTRACTING
CHAPTER 12V: PERSONAL SERVICES MINIMUM CONTRACTUAL RATE ORDINANCE
CHAPTER 12W: SICK LEAVE*
CHAPTER 12X: PROHIBITING CITY TRAVEL AND CONTRACTING IN STATES THAT ALLOW DISCRIMINATION*
CHAPTER 12Y: SAN FRANCISCO SLAVERY DISCLOSURE ORDINANCE*
CHAPTER 12Z: SAN FRANCISCO FAMILY FRIENDLY WORKPLACE ORDINANCE
CHAPTER 13: JAILS AND PRISONERS
CHAPTER 14: SAN FRANCISCO HEALTH CARE SECURITY ORDINANCE
CHAPTER 14A: DISADVANTAGED BUSINESS ENTERPRISE PROGRAM
CHAPTER 14B: LOCAL BUSINESS ENTERPRISE UTILIZATION AND NON-DISCRIMINATION IN CONTRACTING ORDINANCE
CHAPTER 14C: [EXPIRED]
CHAPTER 15: MENTAL HEALTH SERVICE
CHAPTER 16: OFFICERS AND EMPLOYEES GENERALLY
CHAPTER 17: PUBLIC OFF-STREET PARKING FACILITIES
CHAPTER 18: PAYROLL PROCEDURE
CHAPTER 19. COMMUNITY SAFETY CAMERA ORDINANCE
CHAPTER 19A: PUBLIC HEALTH
CHAPTER 19B: ACQUISITION OF SURVEILLANCE TECHNOLOGY
CHAPTER 20: SOCIAL SERVICES
CHAPTER 21: ACQUISITION OF COMMODITIES AND SERVICES
CHAPTER 21A: HEALTH-RELATED COMMODITIES AND SERVICES
CHAPTER 21B: COMMODITIES AND SERVICES RELATING TO PROJECTS ADDRESSING HOMELESSNESS
CHAPTER 21C: MISCELLANEOUS PREVAILING WAGE REQUIREMENTS
CHAPTER 21D: [RESERVED]
CHAPTER 21E: [RESERVED]
CHAPTER 21F: [RESERVED]
CHAPTER 21G: [RESERVED]
CHAPTER 22: RADIO COMMUNICATION FACILITIES
CHAPTER 22A: INFORMATION AND COMMUNICATION TECHNOLOGY
CHAPTER 22B: TELECOMMUNICATIONS FACILITIES
CHAPTER 22C: PUBLIC INTERNET ACCESS
CHAPTER 22D: OPEN DATA POLICY
CHAPTER 22E: CITY-OWNED FIBER-OPTIC FACILITIES
CHAPTER 22G: OFFICE OF EMERGING TECHNOLOGY
CHAPTER 23: REAL PROPERTY TRANSACTIONS
CHAPTER 23A: SURPLUS PUBLIC LANDS ORDINANCE
CHAPTER 24: REDEVELOPMENT AGENCY
CHAPTER 24A: ADMINISTRATIVE STRUCTURE LOCAL RENT SUPPLEMENT PROGRAM IN THE OFFICE OF MAYOR
CHAPTER 24B: RELOCATION APPEALS BOARD
CHAPTER 25: STREET LIGHTING
CHAPTER 26. DEEMED APPROVED OFF-STREET ALCOHOL USE NUISANCE REGULATIONS
CHAPTER 27: HEALTHY NAIL SALON RECOGNITION PROGRAM
CHAPTER 28: ADMINISTRATIVE DEBARMENT PROCEDURE
CHAPTER 29: FINDINGS OF FISCAL RESPONSIBILITY AND FEASIBILITY
CHAPTER 29A: [APPROVAL OF POWER PLANT; PLANNING CODE SEC.
CHAPTER 29B: CHILD CARE FEASIBILITY STUDY FOR CITY AND CITY-FUNDED PROJECTS
CHAPTER 30: CENTRALIZATION OF WORKFORCE DEVELOPMENT
CHAPTER 31: CALIFORNIA ENVIRONMENTAL QUALITY ACT PROCEDURES AND FEES
CHAPTER 32: RESIDENTIAL REHABILITATION LOAN PROGRAM
CHAPTER 33: COMMISSION ON THE STATUS OF WOMEN
CHAPTER 33A: LOCAL IMPLEMENTATION OF THE UNITED NATIONS CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN (CEDAW)*
CHAPTER 34: NOTIFICATION TO ASSESSOR CONCERNING ZONING RECLASSIFICATIONS OF PROPERTY, CONDITIONAL USE PERMITS AND VARIANCES
CHAPTER 35: RESIDENTIAL, HOTEL, AND PDR COMPATIBILITY AND PROTECTION
CHAPTER 36: COMMUNITY IMPROVEMENTS AREA PLANS AND PROGRAMS
CHAPTER 37: RESIDENTIAL RENT STABILIZATION AND ARBITRATION ORDINANCE
CHAPTER 37A: RENT STABILIZATION AND ARBITRATION FEE
CHAPTER 38: COMMERCIAL LANDLORDS; ACCESS IMPROVEMENT OBLIGATIONS AND NOTICE TO SMALL BUSINESS TENANTS REGARDING DISABILITY ACCESS
CHAPTER 39: [RIGHT TO RETURN TO REVITALIZED PUBLIC HOUSING]
CHAPTER 40: HOUSING CODE ENFORCEMENT LOAN PROGRAM
CHAPTER 41: RESIDENTIAL HOTEL UNIT CONVERSION AND DEMOLITION
CHAPTER 41A: RESIDENTIAL UNIT CONVERSION AND DEMOLITION
CHAPTER 41B: COMMUNITY OPPORTUNITY TO PURCHASE ACT
CHAPTER 41C: TIME-SHARE CONVERSION ORDINANCE
CHAPTER 41D: RESIDENTIAL HOTEL VISITOR POLICIES
CHAPTER 41E. RESIDENTIAL HOTEL MAIL RECEPTACLE ORDINANCE
CHAPTER 41F: TOURIST HOTEL CONVERSION*
CHAPTER 42: INDUSTRIAL DEVELOPMENT AUTHORITY
CHAPTER 43: MUNICIPAL FINANCE LAW
CHAPTER 44: ADULT DAY HEALTH CARE PLANNING COUNCIL
CHAPTER 45: JURY FEES
CHAPTER 47: PREFERENCE IN CITY AFFORDABLE HOUSING PROGRAMS
CHAPTER 48: RENTAL SUBSIDY PROGRAM FOR LOW-INCOME FAMILIES
CHAPTER 49: SECURITY DEPOSITS FOR RESIDENTIAL RENTAL PROPERTY
CHAPTER 49A: RESIDENTIAL TENANT COMMUNICATIONS
CHAPTER 49B: RESIDENTIAL RENTAL UNITS: LOCK REPLACEMENTS BY LANDLORD WHEN TENANTS VACATE
CHAPTER 50: NONPROFIT PERFORMING ARTS LOAN PROGRAM
CHAPTER 51: VOLUNTARY ARTS CONTRIBUTIONS PROGRAM
CHAPTER 52: SAN FRANCISCO CARBON MITIGATION PROGRAM
CHAPTER 53: URBAN AGRICULTURE
CHAPTER 53A: URBAN AGRICULTURE INCENTIVE ZONES ACT PROCEDURES
CHAPTER 54: SOUTHEAST COMMUNITY FACILITY COMMISSION
CHAPTER 56: DEVELOPMENT AGREEMENTS
CHAPTER 57: FILM COMMISSION
CHAPTER 58: RIGHT TO COUNSEL IN CIVIL MATTERS
CHAPTER 59: HEALTHY FOOD RETAILER ORDINANCE
CHAPTER 60: ASSISTED HOUSING PRESERVATION ORDINANCE
CHAPTER 61: WATERFRONT LAND USE
CHAPTER 62: DOMESTIC PARTNERSHIPS
CHAPTER 63: WATER EFFICIENT IRRIGATION ORDINANCE*
CHAPTER 64: CITY EMPLOYEE AND CITY CONTRACTOR SAFETY AND HEALTH
CHAPTER 65: RENT REDUCTION AND RELOCATION PLAN FOR TENANTS INCONVENIENCED BY SEISMIC WORK PERFORMED PURSUANT TO CHAPTERS 14 AND 15 OF THE SAN FRANCISCO BUILDING CODE
CHAPTER 65A: COMPENSATION, OR SUBSTITUTE HOUSING SERVICE, FOR TENANTS AFFECTED BY TEMPORARY SEVERANCE OF SPECIFIED HOUSING SERVICES DURING MANDATORY SEISMIC WORK REQUIRED BY BUILDING CODE CHAPTER 34B
CHAPTER 66: SEISMIC SAFETY RETROFIT PROGRAM
CHAPTER 67: THE SAN FRANCISCO SUNSHINE ORDINANCE OF 1999
CHAPTER 67A: CELL PHONES, PAGERS AND SIMILAR SOUND-PRODUCING ELECTRICAL DEVICES
CHAPTER 68: CULTURAL EQUITY ENDOWMENT FUND
CHAPTER 69: SAN FRANCISCO HEALTH AUTHORITY
CHAPTER 70: IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY
CHAPTER 71: MILLS ACT CONTRACT PROCEDURES
CHAPTER 72: RELOCATION ASSISTANCE FOR LEAD HAZARD REMEDIATION
CHAPTER 74: RENT ESCROW ACCOUNT PROGRAM
CHAPTER 77: BUILDING INSPECTION COMMISSION APPEALS
CHAPTER 78: DEPARTMENT OF BUILDING INSPECTION PERMIT TRACKING SYSTEM
CHAPTER 79: PREAPPROVAL NOTICE FOR CERTAIN CITY PROJECTS
CHAPTER 79A: ADDITIONAL PREAPPROVAL NOTICE FOR CERTAIN CITY PROJECTS
CHAPTER 80: ANTI-BLIGHT ENFORCEMENT PROCEDURE
CHAPTER 80A: ORDERS TO VACATE DUE TO HAZARDOUS HOUSING CONDITIONS
CHAPTER 82: LOCAL HIRING POLICY FOR CONSTRUCTION
CHAPTER 83: FIRST SOURCE HIRING PROGRAM
CHAPTER 84: SAN FRANCISCO RESIDENTIAL RENT ASSISTANCE PROGRAM FOR PERSONS DISQUALIFIED FROM FEDERAL RENT SUBSIDY PROGRAMS BY THE FEDERAL QUALITY HOUSING AND WORK RESPONSIBILITY ACT OF 1998 (QHWRA)
CHAPTER 86: CHILDREN AND FAMILIES FIRST COMMISSION
CHAPTER 87: FAIR HOUSING IMPLEMENTATION ORDINANCE
CHAPTER 88: PERFORMANCE AND REVIEW ORDINANCE OF 1999
CHAPTER 89: DEPARTMENT OF CHILD SUPPORT SERVICES
CHAPTER 90: ENTERTAINMENT COMMISSION
CHAPTER 90A: PROMOTING AND SUSTAINING MUSIC AND CULTURE
CHAPTER 91: LANGUAGE ACCESS
CHAPTER 92: REAL ESTATE LOAN COUNSELING AND EDUCATION
CHAPTER 93: PREGNANCY INFORMATION DISCLOSURE AND PROTECTION ORDINANCE
CHAPTER 94: THE SAN FRANCISCO PLAZA PROGRAM
CHAPTER 94A: THE SAN FRANCISCO PLACES FOR PEOPLE PROGRAM
CHAPTER 95: IDENTIFICATION CARDS
CHAPTER 96: COORDINATION BETWEEN THE POLICE DEPARTMENT AND THE DEPARTMENT OF POLICE ACCOUNTABILITY
CHAPTER 96A: LAW ENFORCEMENT REPORTING REQUIREMENTS
CHAPTER 96B: POLICY MAKING MARIJUANA OFFENSES THE LOWEST LAW ENFORCEMENT PRIORITY
CHAPTER 96C: POLICE INTERROGATION OF YOUTH - JEFF ADACHI YOUTH RIGHTS ORDINANCE
CHAPTER 97: HEALTHCARE IMPACT REPORTS
CHAPTER 98: THE BETTER STREETS POLICY
CHAPTER 99: PUBLIC POWER IN NEW CITY DEVELOPMENTS
CHAPTER 100: PROCEDURES GOVERNING THE IMPOSITION OF ADMINISTRATIVE FINES
CHAPTER 101: RESTRICTING THE PURCHASE, SALE, OR DISTRIBUTION OF SUGAR-SWEETENED BEVERAGES BY OR FOR THE CITY
CHAPTER 102: OUR CHILDREN, OUR FAMILIES COUNCIL
CHAPTER 103: NON-COOPERATION WITH IDENTITY-BASED REGISTRY ORDINANCE
CHAPTER 104: COLLECTION OF SEXUAL ORIENTATION AND GENDER IDENTITY DATA
CHAPTER 105: CIGARETTE LITTER ABATEMENT FEE ORDINANCE
CHAPTER 106: CITY NAVIGATION CENTERS
CHAPTER 107: CULTURAL DISTRICTS
CHAPTER 107A: AFRICAN AMERICAN ARTS AND CULTURAL DISTRICT
CHAPTER 107B: CASTRO LESBIAN, GAY, BISEXUAL, TRANSGENDER, AND QUEER (LGBTQ) CULTURAL DISTRICT
CHAPTER 109: PRIORITIZING 100% AFFORDABLE HOUSING
CHAPTER 115: AUTOMATED POINT OF SALE STATION REGISTRATION AND INSPECTION ORDINANCE
CHAPTER 116: COMPATIBILITY AND PROTECTION FOR RESIDENTIAL USES AND PLACES OF ENTERTAINMENT
CHAPTER 117: COOPERATIVE LIVING OPPORTUNITIES FOR MENTAL HEALTH PROGRAM
CHAPTER 119: SAFE PARKING PROGRAMS
CHAPTER 120: ADMINISTRATION OF AFFORDABLE HOUSING FUNDS
CHAPTER 121: CLOSURE OF JUVENILE HALL
APPENDIX: Table of Initiative Ordinances and Policy Declarations
References to Ordinances
San Francisco Business and Tax Regulations Code
BUSINESS AND TAX REGULATIONS CODE
THE SAN FRANCISCO CODES
PREFACE TO THE BUSINESS AND TAX REGULATIONS CODE
ARTICLE 1: PERMIT PROCEDURES
ARTICLE 2: LICENSE FEES
ARTICLE 3: [REPEALED]
ARTICLE 4: [RESERVED]
ARTICLE 5: ELECTRICAL MUSICAL DEVICES
ARTICLE 6: COMMON ADMINISTRATIVE PROVISIONS
ARTICLE 7: TAX ON TRANSIENT OCCUPANCY OF HOTEL ROOMS
ARTICLE 8: SUGARY DRINKS DISTRIBUTOR TAX ORDINANCE
ARTICLE 9: TAX ON OCCUPANCY OF PARKING SPACE IN PARKING STATIONS
ARTICLE 10: UTILITY USERS TAX
ARTICLE 10B: ACCESS LINE TAX
ARTICLE 11: STADIUM OPERATOR ADMISSION TAX
ARTICLE 12: BUSINESS REGISTRATION
ARTICLE 12-A: PAYROLL EXPENSE TAX ORDINANCE
ARTICLE 12-A-1: GROSS RECEIPTS TAX ORDINANCE
ARTICLE 12-B: BUSINESS TAX REFUND
ARTICLE 12B-1: NEIGHBORHOOD BEAUTIFICATION AND GRAFFITI CLEAN-UP FUND TAX OPTION
ARTICLE 12-C: REAL PROPERTY TRANSFER TAX
ARTICLE 12-D: UNIFORM LOCAL SALES AND USE TAX
ARTICLE 13: CONNECTIONS TO THE POLICE DEPARTMENT TERMINAL ALARM PANEL
ARTICLE 14: TRANSPORTATION AUTHORITY
ARTICLE 15: BUSINESS IMPROVEMENT DISTRICTS PROCEDURE CODE
ARTICLE 15A: PUBLIC REALM LANDSCAPING, IMPROVEMENT AND MAINTENANCE ASSESSMENT DISTRICTS ("GREEN BENEFIT DISTRICTS")
ARTICLE 16: LIVING WAGE FOR EDUCATORS PARCEL TAX
ARTICLE 17: BUSINESS TAX PENALTY AMNESTY PROGRAM
ARTICLE 20: FINANCIAL INFORMATION PRIVACY ORDINANCE
ARTICLE 21: EARLY CARE AND EDUCATION COMMERCIAL RENTS TAX ORDINANCE
ARTICLE 22: PARKING STATIONS; REVENUE CONTROL EQUIPMENT
ARTICLE 23: VEHICLE REGISTRATION FEE EXPENDITURE PLAN
ARTICLE 28: HOMELESSNESS GROSS RECEIPTS TAX ORDINANCE
ARTICLE 32: TRAFFIC CONGESTION MITIGATION TAX
References to Ordinances
San Francisco Campaign and Governmental Conduct Code
San Francisco Environment Code
ENVIRONMENT CODE
THE SAN FRANCISCO CODES
PREFACE TO THE ENVIRONMENT CODE
CHAPTER 1: PRECAUTIONARY PRINCIPLE POLICY STATEMENT
CHAPTER 2: ENVIRONMENTALLY PREFERABLE PURCHASING ORDINANCE
CHAPTER 3: INTEGRATED PEST MANAGEMENT PROGRAM
CHAPTER 4: HEALTHY AIR AND CLEAN TRANSPORTATION PROGRAM
CHAPTER 5: RESOURCE CONSERVATION ORDINANCE
CHAPTER 7: GREEN BUILDING REQUIREMENTS FOR CITY BUILDINGS
CHAPTER 8: TROPICAL HARDWOOD AND VIRGIN REDWOOD BAN
CHAPTER 9: GREENHOUSE GAS EMISSIONS TARGETS AND DEPARTMENTAL ACTION PLANS
CHAPTER 10: TRANSPORTATION OF AGGREGATE MATERIALS
CHAPTER 11: CELL PHONE DISCLOSURE REQUIREMENTS
CHAPTER 12: URBAN FORESTRY COUNCIL
CHAPTER 13: ARSENIC-TREATED WOOD
CHAPTER 14: CONSTRUCTION AND DEMOLITION DEBRIS RECOVERY ORDINANCE*
CHAPTER 15: GREEN BUSINESS PROGRAM
CHAPTER 16: FOOD SERVICE AND PACKAGING WASTE REDUCTION ORDINANCE
CHAPTER 17: PLASTIC BAG REDUCTION ORDINANCE
CHAPTER 18: SOLAR ENERGY INCENTIVE PROGRAM
CHAPTER 19: MANDATORY RECYCLING AND COMPOSTING
CHAPTER 20: EXISTING BUILDINGS ENERGY PERFORMANCE
CHAPTER 21: CLEAN ENERGY FULL DISCLOSURE ORDINANCE
CHAPTER 22: SAFE DRUG DISPOSAL
CHAPTER 23: DRINK TAP ORDINANCE
CHAPTER 24: BOTTLED DRINKING WATER
CHAPTER 25: CLEAN CONSTRUCTION REQUIREMENTS FOR PUBLIC WORKS
CHAPTER 26: BETTER ROOF REQUIREMENTS
CHAPTER 27: ANTIBIOTIC USE IN FOOD ANIMALS
CHAPTER 28: FLAME RETARDANT CHEMICALS IN UPHOLSTERED FURNITURE AND JUVENILE PRODUCTS
CHAPTER 29: ELECTRIC VEHICLE READINESS IMPLEMENTATION*
CHAPTER 30: RENEWABLE ENERGY FOR COMMERCIAL BUILDINGS
CHAPTER 31: ELECTRIC VEHICLE AND CHARGING IN COMMERCIAL PARKING LOTS AND GARAGES*
References to Ordinances
San Francisco Fire Code
San Francisco Health Code
HEALTH CODE
THE SAN FRANCISCO CODES
PREFACE TO THE HEALTH CODE
ARTICLE 1: ANIMALS
ARTICLE 1A: ANIMAL SACRIFICE
ARTICLE 1B: PERFORMANCE OF WILD OR EXOTIC ANIMALS FOR PUBLIC ENTERTAINMENT OR AMUSEMENT
ARTICLE 1C: SALE OF ANIMALS
ARTICLE 1D: ANIMAL FUR PRODUCTS
ARTICLE 2: COMMUNICABLE DISEASES
ARTICLE 3: HOSPITALS
ARTICLE 4: DECEASED PERSONS
ARTICLE 5: PUBLIC HEALTH - GENERAL
ARTICLE 6: GARBAGE AND REFUSE
ARTICLE 7: LAUNDRIES
ARTICLE 8: FOOD AND FOOD PRODUCTS
ARTICLE 8A: CANNABIS CONSUMPTION PERMITS
ARTICLE 9: DAIRY AND MILK CODE
ARTICLE 10: MEAT AND MEAT PRODUCTS
ARTICLE 11: NUISANCES
ARTICLE 11A: BED BUG INFESTATION PREVENTION, TREATMENT, DISCLOSURE, AND REPORTING
ARTICLE 12: SANITATION - GENERAL
ARTICLE 12A: BACKFLOW PREVENTION
ARTICLE 12B: SOIL BORING AND WELL REGULATIONS
ARTICLE 12C: ALTERNATE WATER SOURCES FOR NON-POTABLE APPLICATIONS
ARTICLE 14: AMBULANCES AND ROUTINE MEDICAL TRANSPORT VEHICLES
ARTICLE 15: PUBLIC SWIMMING POOLS
ARTICLE 16: REGULATING THE USE OF 'ECONOMIC POISONS'
ARTICLE 17: DISPOSAL OF UNCLAIMED PERSONAL PROPERTY AT SAN FRANCISCO GENERAL HOSPITAL
ARTICLE 18: PROVIDING FOR ISSUANCE OF CITATIONS TO VIOLATORS
ARTICLE 19: SMOKING POLLUTION CONTROL
ARTICLE 19A: REGULATING SMOKING IN EATING ESTABLISHMENTS [SUSPENDED]
ARTICLE 19B: REGULATING SMOKING IN SHARED OFFICE WORKPLACE [SUSPENDED]
ARTICLE 19C: REGULATING SMOKING IN PUBLIC PLACES AND IN HEALTH, EDUCATIONAL AND CHILD CARE FACILITIES [SUSPENDED]
ARTICLE 19D: PROHIBITING CIGARETTE VENDING MACHINES
ARTICLE 19E: PROHIBITING SMOKING IN PLACES OF EMPLOYMENT AND CERTAIN SPORTS ARENAS [SUSPENDED]
ARTICLE 19F: PROHIBITING SMOKING IN ENCLOSED AREAS, CERTAIN UNENCLOSED AREAS, AND SPORTS STADIUMS
ARTICLE 19G: ENFORCEMENT OF SMOKING PROHIBITIONS
ARTICLE 19H: PERMITS FOR THE SALE OF TOBACCO
ARTICLE 19I: PROHIBITING SMOKING IN CITY PARK AND RECREATIONAL AREAS AND FARMERS' MARKETS
ARTICLE 19J: PROHIBITING PHARMACIES FROM SELLING TOBACCO PRODUCTS
ARTICLE 19K: PROHIBITING SALES OF TOBACCO PRODUCTS ON PROPERTY OWNED BY OR UNDER THE CONTROL OF THE CITY AND COUNTY OF SAN FRANCISCO
ARTICLE 19L: PROHIBITING SMOKING AT CERTAIN OUTDOOR EVENTS
ARTICLE 19M: DISCLOSURE TO PROSPECTIVE RESIDENTIAL TENANTS OF WHETHER A UNIT IS SMOKE FREE OR SMOKING OPTIONAL, AND INFORMING EXISTING RESIDENTIAL TENANTS WHERE SMOKING IS OPTIONAL
ARTICLE 19N: ELECTRONIC CIGARETTES - RESTRICTIONS ON SALE AND USE
ARTICLE 19O: [SMOKELESS TOBACCO - USE PROHIBITED AT ATHLETIC VENUES]
ARTICLE 19P: PROHIBITING THE SALE OF TOBACCO PRODUCTS TO PERSONS AGED 18, 19, OR 20
ARTICLE 19Q: PROHIBITING THE SALE OF FLAVORED TOBACCO PRODUCTS
ARTICLE 19R: PROHIBITING THE SALE OF ELECTRONIC CIGARETTES LACKING FOOD AND DRUG ADMINISTRATION PREMARKET APPROVAL
ARTICLE 19S: PROHIBITING THE SALE AND DISTRIBUTION OF TOBACCO PRODUCTS IN SAN FRANCISCO
ARTICLE 20: ALKYL NITRITES
ARTICLE 21: HAZARDOUS MATERIALS
ARTICLE 21A: RISK MANAGEMENT PROGRAM
ARTICLE 22: HAZARDOUS WASTE MANAGEMENT
ARTICLE 22A: ANALYZING SOILS FOR HAZARDOUS WASTE
ARTICLE 22B: CONSTRUCTION DUST CONTROL REQUIREMENTS
ARTICLE 23: VIDEO DISPLAY TERMINAL WORKER SAFETY
ARTICLE 24: CHLOROFLUOROCARBON RECOVERY AND RECYCLING
ARTICLE 25: MEDICAL WASTE GENERATOR REGISTRATION, PERMITTING, INSPECTIONS AND FEES
ARTICLE 26: COMPREHENSIVE ENVIRONMENTAL LEAD POISONING INVESTIGATION, MANAGEMENT AND ENFORCEMENT PROGRAM
ARTICLE 27: HEALTH SERVICE SYSTEM AGREEMENT
ARTICLE 28: MEDICAL CANNABIS USER AND PRIMARY CAREGIVER IDENTIFICATION CARDS
ARTICLE 29: LICENSING AND REGULATION OF MASSAGE PRACTITIONERS AND MASSAGE BUSINESSES
ARTICLE 30: REGULATION OF DIESEL BACKUP GENERATORS
ARTICLE 31: HUNTERS POINT SHIPYARD
ARTICLE 32: DISEASE PREVENTION DEMONSTRATION PROJECT
ARTICLE 33: MEDICAL CANNABIS ACT
ARTICLE 34: HEALTHY PRODUCTS, HEALTHY CHILDREN ORDINANCE
ARTICLE 35: BIOLOGICAL AGENT DETECTORS
ARTICLE 36: CHILD COUGH AND COLD MEDICINE WARNING ORDINANCE
ARTICLE 37: TRANS FAT FREE RESTAURANT PROGRAM ORDINANCE
ARTICLE 38: ENHANCED VENTILATION REQUIRED FOR URBAN INFILL SENSITIVE USE DEVELOPMENTS
ARTICLE 39: COMMERCIAL DOG WALKING
ARTICLE 40: SAFE BODY ART
ARTICLE 41: MENTAL HEALTH
ARTICLE 42: SUGAR-SWEETENED BEVERAGES
ARTICLE 43: SURPLUS MEDICATION REPOSITORY AND DISTRIBUTION
ARTICLE 45: CITY-OPERATED ADULT RESIDENTIAL FACILITY
References to Ordinances
San Francisco Municipal Elections Code
San Francisco Park Code
San Francisco Planning Code
San Francisco Zoning Maps
San Francisco Police Code
POLICE CODE
THE SAN FRANCISCO CODES
PREFACE TO THE POLICE CODE
ARTICLE 1: PUBLIC NUISANCES
ARTICLE 1.1: REGULATING THE USE OF VEHICLES FOR HUMAN HABITATION
ARTICLE 1.2 DISCRIMINATION IN HOUSING AGAINST FAMILIES WITH MINOR CHILDREN
ARTICLE 1.3: TEMPORARY MORATORIUM ON RENTAL INCREASES RENT ROLLBACK BASED UPON APRIL 15, 1979, RENTAL RATES AND REFUNDING ANY RENT INCREASES
ARTICLE 1.5: DISPLAY OF LIFE AND PROPERTY CONSERVATION DECALS
ARTICLE 2: DISORDERLY CONDUCT
ARTICLE 3: GAMES OF CHANCE
ARTICLE 4: PARADES
ARTICLE 4.5: FUNERAL PROCESSION ESCORTS
ARTICLE 5: OFFENSIVE POWDERS
ARTICLE 6: FRAUD AND DECEIT
ARTICLE 7: ANIMALS AND BIRDS
ARTICLE 7.1: HORSE-DRAWN VEHICLES
ARTICLE 8: MINORS
ARTICLE 9: MISCELLANEOUS CONDUCT REGULATIONS
ARTICLE 9.5: PROHIBITING OF PROFESSIONAL STRIKEBREAKERS
ARTICLE 9.6: REGULATIONS FOR SOLICITATION FOR CHARITABLE PURPOSES
ARTICLE 10: REGULATIONS FOR ADVERTISING
ARTICLE 10.1: REGULATING EXPOSURE OF PHOTOGRAPHS, CARTOONS OR DRAWINGS ON NEWSRACKS
ARTICLE 10.2: REGULATION OF COMPUTER RENTAL BUSINESSES
ARTICLE 11: REGULATIONS FOR AMUSEMENTS
ARTICLE 11.1: COMMERCIAL DISPLAY OF DEAD HUMAN BODIES
ARTICLE 11.2: REGULATIONS FOR ADULT THEATERS AND ADULT BOOKSTORES PERMIT AND LICENSE PROVISIONS
ARTICLE 12: REGULATIONS FOR AUTOMOBILES
ARTICLE 13: MISCELLANEOUS REGULATIONS FOR PROFESSIONS AND TRADES
ARTICLE 13.1: JUNK DEALERS - PERMIT AND REGULATION
ARTICLE 13.2 BICYCLE MESSENGER BUSINESSES
ARTICLE 13.3: CAR RENTAL BUSINESSES
ARTICLE 13.4: REDUCING RENTAL-CAR BURGLARIES
ARTICLE 14: LICENSES FOR ADVERTISING
ARTICLE 15: LICENSES FOR AMUSEMENTS
ARTICLE 15.1: ENTERTAINMENT REGULATIONS PERMIT AND LICENSE PROVISIONS
ARTICLE 15.2: ENTERTAINMENT REGULATIONS FOR EXTENDED-HOURS PREMISES
ARTICLE 15.3: PROHIBITING NUDE PERFORMERS, WAITERS AND WAITRESSES
ARTICLE 15.4: ENCOUNTER STUDIOS
ARTICLE 15.5: NUDE MODELS IN PUBLIC PHOTOGRAPHY STUDIOS
ARTICLE 15.6: ESCORT SERVICES
ARTICLE 15.7: EVENT PROMOTERS
ARTICLE 16: REGULATION OF CANNABIS
ARTICLE 17: MISCELLANEOUS LICENSE REGULATIONS
ARTICLE 17.1: REGULATIONS FOR FORTUNETELLING; PERMIT AND LICENSE PROVISIONS
ARTICLE 18: SAN FRANCISCO POLICE PISTOL RANGE
ARTICLE 19: DISPOSAL OF UNCLAIMED PROPERTY
ARTICLE 20: REPRODUCING AND FURNISHING REPORTS
ARTICLE 22: CITATIONS FOR VIOLATIONS OF CERTAIN PROVISIONS OF THE HEALTH CODE AND POLICE CODE
ARTICLE 23: REGULATIONS FOR PORT AREA*
ARTICLE 24: REGULATING STREET ARTISTS*
ARTICLE 25: REGULATIONS FOR PRIVATE PROTECTION AND SECURITY SERVICES*
ARTICLE 26: REGULATIONS FOR PUBLIC BATH HOUSES
ARTICLE 27: REGULATIONS FOR MORTGAGE MODIFICATION CONSULTANTS
ARTICLE 28: REGULATIONS FOR PAWNBROKERS PERMIT AND LICENSE PROVISIONS
ARTICLE 29: REGULATION OF NOISE
ARTICLE 30: PERMITS FOR TOW CAR DRIVERS
ARTICLE 30.1: PERMITS FOR TOW CAR FIRMS
ARTICLE 31: REGULATIONS FOR TEMPORARY HELIPORTS AND PERMIT PROVISIONS
ARTICLE 32: REGULATIONS FOR CONDUCTING BINGO GAMES
ARTICLE 32A: REGULATIONS FOR CONDUCTING POKER GAMES
ARTICLE 33: PROHIBITING DISCRIMINATION BASED ON RACE, COLOR, ANCESTRY, NATIONAL ORIGIN, PLACE OF BIRTH, SEX, AGE, RELIGION, CREED, DISABILITY, SEXUAL ORIENTATION, GENDER IDENTITY, WEIGHT, OR HEIGHT
ARTICLE 33A: PROHIBITION OF EMPLOYER INTERFERENCE WITH EMPLOYEE RELATIONSHIPS AND ACTIVITIES AND REGULATIONS OF EMPLOYER DRUG TESTING OF EMPLOYEES
ARTICLE 33B: PROHIBITION AGAINST DISCRIMINATION BY CLUBS OR ORGANIZATIONS WHICH ARE NOT DISTINCTLY PRIVATE
ARTICLE 33C: DISPLACED WORKER PROTECTION
ARTICLE 33D: GROCERY WORKER RETENTION
ARTICLE 33E: HOSPITALITY INDUSTRY WORKER RETENTION
ARTICLE 33F: HOURS AND RETENTION PROTECTIONS FOR FORMULA RETAIL EMPLOYEES
ARTICLE 33G: PREDICTABLE SCHEDULING AND FAIR TREATMENT FOR FORMULA RETAIL EMPLOYEES
ARTICLE 33H: PAID PARENTAL LEAVE
ARTICLE 33I: LACTATION IN THE WORKPLACE
ARTICLE 33J: PARITY IN PAY
ARTICLE 34: REGULATIONS FOR PHOTOGRAPHERS - PERMIT AND LICENSE PROVISIONS
ARTICLE 35: FIREARM STRICT LIABILITY ACT
ARTICLE 36: PROHIBITING THE CARRYING OF A FIREARM WHILE UNDER THE INFLUENCE OF AN ALCOHOLIC BEVERAGE OR DRUG, OR POSSESSION OF A FIREARM WHILE UPON PUBLIC PREMISES SELLING OR SERVING ALCOHOLIC BEVERAGES
ARTICLE 36A: [SALE, MANUFACTURE, AND DISTRIBUTION OF FIREARMS AND AMMUNITION; POSSESSION OF HANDGUNS]
ARTICLE 36B: STORAGE OF FIREARMS IN MOTOR VEHICLES
ARTICLE 36C: PROHIBITION OF FIREARMS AT PUBLIC GATHERINGS
ARTICLE 37: POLICE EMERGENCY ALARM ORDINANCE
ARTICLE 38: PROHIBITING DISCRIMINATION ON THE BASIS OF AIDS AND ASSOCIATED CONDITIONS
ARTICLE 39: PEDICABS
ARTICLE 40: DRUG FREE WORKPLACE ORDINANCE
ARTICLE 41: PROHIBITING THE SALE OR POSSESSION OF REPLICA HYPODERMIC NEEDLES OR SYRINGES
ARTICLE 42: SALE AND DISPLAY OF AEROSOL PAINT CONTAINERS AND MARKER PENS
ARTICLE 42A: COLOR TIRES
ARTICLE 42B: MERCURY THERMOMETERS
ARTICLE 42D: SALE AND DISPLAY OF PRODUCTS CONTAINING HYDROFLUORIC ACID
ARTICLE 43: ACCESS TO REPRODUCTIVE HEALTH CARE FACILITIES
ARTICLE 44: CLOSED CAPTIONS ACTIVATION REQUIREMENT ORDINANCE
ARTICLE 45: FIREARMS AND WEAPONS VIOLENCE PREVENTION ORDINANCE
ARTICLE 46: PROHIBITING SELF-SERVICE MERCHANDISING OF TOBACCO PRODUCTS EXCEPT IN PLACES TO WHICH MINORS HAVE NO ACCESS
ARTICLE 47: PERSONAL WATERCRAFT
ARTICLE 48: LASER POINTERS
ARTICLE 49: PROCEDURES FOR CONSIDERING ARRESTS AND CONVICTIONS AND RELATED INFORMATION IN EMPLOYMENT AND HOUSING DECISIONS
ARTICLE 50: CRIMINAL HISTORY IN ADMISSION TO POST-SECONDARY EDUCATIONAL INSTITUTIONS
ARTICLE 51: STORMWATER FLOOD RISK DISCLOSURE
ARTICLE 52: OCCUPANT'S RIGHT TO CHOOSE A COMMUNICATIONS SERVICES PROVIDER
ARTICLE 55: ACCEPTANCE OF CASH BY BRICK-AND-MORTAR BUSINESSES
References to Ordinances
San Francisco Port Code
San Francisco Public Works Code
PUBLIC WORKS CODE
THE SAN FRANCISCO CODES
PREFACE TO THE PUBLIC WORKS CODE
ARTICLE 1: GENERAL REQUIREMENTS
ARTICLE 2: PUBLIC CONTRACT PROCEDURE
ARTICLE 2.1: PERMIT FEES AND OCCUPANCY ASSESSMENTS
ARTICLE 2.3: HUNTERS POINT SHIPYARD
ARTICLE 2.4: EXCAVATION IN THE PUBLIC RIGHT-OF-WAY
ARTICLE 3: REGULATIONS IN REGARD TO WORKING CONDITIONS
ARTICLE 4: SEWERS
ARTICLE 4.1: INDUSTRIAL WASTE
ARTICLE 4.2. SEWER SYSTEM MANAGEMENT
ARTICLE 4.3: SEWERS
ARTICLE 5: STREET FLOWER MARKETS
ARTICLE 5.1: ANTI-LITTER RECEPTACLES
ARTICLE 5.2: TABLES AND CHAIRS IN PUBLIC SIDEWALK OR ROADWAY AREAS
ARTICLE 5.3: DISPLAY OF FRUITS AND VEGETABLES OR NONFOOD MERCHANDISE ON PUBLIC SIDEWALKS
ARTICLE 5.4: REGULATION OF NEWSRACKS
ARTICLE 5.5: DISTRIBUTION OF FREE SAMPLE MERCHANDISE ON PUBLIC PROPERTY
ARTICLE 5.6: POSTING OF SIGNS ON CITY-OWNED LAMP POSTS OR UTILITY POLES
ARTICLE 5.7: HANDBILL DISTRIBUTION ON PRIVATE PREMISES; DISPLAY OF BANNERS
ARTICLE 5.8: PERMIT REGULATIONS FOR MOBILE FOOD FACILITIES CONCERNING PRODUCTS FOR HUMAN CONSUMPTION
ARTICLE 6: STREET IMPROVEMENT PROCEDURE
ARTICLE 6.1: IMPROVEMENT PROCEDURE CODE
ARTICLE 7: MAINTENANCE DISTRICTS
ARTICLE 9: UNACCEPTED STREETS
ARTICLE 11: SPUR TRACKS
ARTICLE 13: ENGINEERING INSPECTION
ARTICLE 14: UNDERGROUND PIPES, WIRES AND CONDUITS
ARTICLE 15: MISCELLANEOUS
ARTICLE 16: URBAN FORESTRY ORDINANCE
ARTICLE 16.1: TREE DISPUTE RESOLUTION
ARTICLE 17: CONTROL OF DUMPS DISPOSING OF MATERIALS FROM CONSTRUCTION OR DEMOLITION
ARTICLE 18: UTILITY FACILITIES
ARTICLE 19: PUBLIC TELEPHONE BOOTHS ON PUBLIC SIDEWALKS
ARTICLE 20: PROHIBITED BICYCLE ACTIONS AND TRANSACTIONS
ARTICLE 21: RESTRICTION OF USE OF POTABLE WATER FOR SOIL COMPACTION AND DUST CONTROL ACTIVITIES
ARTICLE 22: RECLAIMED WATER USE
ARTICLE 23: GRAFFITI REMOVAL AND ABATEMENT
ARTICLE 24: SHOPPING CARTS
ARTICLE 25: PERSONAL WIRELESS SERVICE FACILITIES
ARTICLE 26*: ILLEGAL DUMPING
ARTICLE 27: SURFACE-MOUNTED FACILITIES
References to Ordinances
San Francisco Subdivision Code
San Francisco Transportation Code
San Francisco Building Inspection Commission (BIC) Codes
Comprehensive Ordinance List
ARTICLE 15:
MISCELLANEOUS
 
Concrete Sidewalks.
Brick, Quarry-Tile or Exposed Concrete Aggregate Sidewalk Surfaces.
Replacement, Repair and Maintenance of Existing Sidewalk Surfaces With Same Kind of Materials, Etc.
Asphalt Sidewalks.
Wooden Sidewalks or Stairways.
Owners of Frontage Responsible For Repair – Liability for Unsafe Conditions.
Notice to Owner.
Contents of Notice.
Director of Public Works to Repair if Owner Fails To Do So.
Notice of Cost and Claim of Lien.
Recording of Lien.
Collection by Bureau of Delinquent Revenue.
Release of Lien.
Revolving Fund.
Alternate Method of Enforcement and Collection of Lien.
Award of Contract For Construction, Repair and Replacement of Sidewalks, Etc.
Sidewalk Improvement – Permit Required.
Sidewalk Improvement Unlawful Without Permit.
Permit For Construction, Repair, or Replacement of Sidewalks – Inspection Fee.
Emergency Orders; Accepted and Unaccepted Public Right-of-Way.
Excavations – Replacement of Sockets.
Construction Requirements – Automobile Runways.
Permit Required – Fee.
Permit Only to Owner – Restoration.
Existing Runways.
Runway Reconstruction.
Side Sewer, Side Sewer Trap and House Sewer Alteration.
Obstruction of Public Right-of-Way Prohibited.
Sidewalk Barriers.
Minor Sidewalk Encroachments.
Unpermitted Subsidewalk Encroachment into the Public Right-of-Way along the Central Subway Corridor.
Testing Emerging Technology Devices on Public Right-of-Ways – Permit Required.
Temporary Occupancy of Street – Permits Required.
Temporary Occupancy of Street – Fees to be Paid.
Temporary Occupancy of Street – Permittee to Repair Defects.
Placards and Signs.
Construction and Demolition Sites; Departmental Orders and Regulations.
Exceeding Permissible Use or Occupation Without Permission – Penalty Fee and Criminal Penalty.
Unpaid Fees and Failure to Restore Pavement; Wilful Noncompliance.
Temporary Occupancy of Street – Additional Permit Required.
Assessment Costs for Additional Street Space.
Temporary Occupancy of Street – Permittee to Defend and Indemnify City and County.
Debris Box Defined.
Authorized Uses.
Registration or Permit Required for Placement.
Registration or Permit Conditions and Inspection Fees.
Nonliability of San Francisco: Save Harmless Clause.
Placement of Boxes.
Reflectors and Striping.
Identification of Owner.
Covers Required for Transporting.
Penalties.
Removal of Debris Boxes.
Rules and Regulations.
Severability.
Mobile Storage Containers on Public Right-of-Way – Permits Required.
Siting of The Mobile Storage Container.
Individual Location Permit Signs to Be Posted on Containers.
Annual Permittee Deposit.
Insurance Requirements for Annual Permit Holder.
Additional Requirements.
Orders and Regulations.
Severability.
Drifting or Blowing of Sand or Dirt Declared to be a Public Nuisance.
Blighted Vacant Lots as Constituting Public Nuisance.
Transportation of Sand Over Public Streets Prohibited.
Permit Required – Revocation.
Draining, Etc., Oil, Greases, Etc., On Streets.
Blasting – Permit Required.
Blasting – Application For Permit.
Blasting – Fee to be Paid; Insurance to be Carried.
Blasting – Use of Explosives.
Blasting – Money Deposited to Defray Inspection Costs.
Property Below Grade – Barriers Required.
Lights and Barriers in Streets When Required.
Street (Major) Encroachment Permit.
Content of Applications.
Reports.
Schedule of Hearings.
Notice of Hearing.
Conduct of Hearings.
Recommendation.
Public Right-of-Way Occupancy Assessment Fee for Street Encroachments.
Maintenance Endowment for Street Encroachment Permits Where the Permittee Is Not the Owner of Adjacent Property.
Permits for City Departments or Other Governmental Entities and Temporary Encroachments.
Street Vacations.
Fees.
Title.
Purpose and Intent.
Commemorative Street Plaque Placement Procedures.
Schedule, Notice and Conduct of Hearing.
Designation by Board of Supervisors.
Siting and Design Guidelines.
Official and Commemorative Maps.
Fees.
Slip Resistant Manhole, Vault, and Sub-Sidewalk Basement Covers, Grilles, Grates, or Other Lids on the Public Sidewalk.
Public Improvements Gift Acceptance and Public Dedication.
Street Plazas.
The Places for People Program – People Places in the Public Right-of-Way.
Purpose and Scope; Definitions.
Permit Approval Process Applicable to All People Places in the Public Right-of-Way.
Operational Requirements; Exceptions.
Grant of Exceptions to Permit Terms.
Violation of Permit Conditions, Operational Requirements, or Administrative Regulations; Enforcement Actions and Penalties.
Financial Records.
Autonomous Delivery Devices on Sidewalks – Permit Required.
 
SEC. 701.  REPEALED.
(Added by Ord. 312-88, App. 7/8/88; Repealed by Ord. 287-08, File No. 081340, App. 12/5/2008)
SEC. 703.  CONCRETE SIDEWALKS.
   Except where special permits are issued as specified in Section 703.1, 704, and 705, sidewalk supported on the ground in any public street or other public way as defined in Section 185 of this Code, shall be of concrete. The concrete sidewalk shall be at least 3½" inches thick with a non-skid cement mortar finishing coat at least ½ inch thick, except that the finishing coat on terrazzo sidewalks shall be at least  of one inch thick and shall contain an abrasive aggregate mixed into the finish coat for its entire thickness in the proportion by weight of two parts of abrasive aggregate to three parts of other aggregate. All sidewalks shall be placed in accordance with specifications and rules which the Director of Public Works is hereby authorized to prepare in conformity herewith and as required for public convenience and safety, such specifications and rules to apply to the quality and proportions of the required materials, the method of construction, and the type of finish. The finished surface of the sidewalk shall rise 1/5 inch per foot from curb grade to the property line unless a deviation therefrom is approved by order of the Director of Public Works.
   Sidewalk topping and wearing surface, when poured monolithic with the slab, may be included as a structural part of the slab, but the overall thickness shall not be less than 3½" inches.
   Sidewalks when unsupported by ground or constructed over excavated areas shall be constructed in accordance with Section 4301 of Article 43 of the Building Code of the City and County of San Francisco.
(Amended by Ord. 137-66, App. 6/14/66)
SEC. 703.1.  BRICK, QUARRY-TILE OR EXPOSED CONCRETE AGGREGATE SIDEWALK SURFACES.
   The Director of Public Works is hereby authorized to grant revocable permits to owners of fronting property or their duly authorized agents to construct sidewalk surfaces of brick, quarry-tile, exposed concrete aggregate, or other commonly-used sidewalk paving material as approved by the Department of Public Works.
   All sidewalks shall be placed in accordance with specifications and rules which the Director of Public Works is hereby authorized to prepare in conformity herewith and as required for public convenience and safety, such specifications and rules to apply to the quality and proportions of the required materials, the method of construction, and the type of finish. The finished surface of the sidewalk shall rise 1/5 inch per foot from curb grade to the property line unless a deviation therefrom is approved by order of this special permit.
   The Director of Public Works is hereby authorized to order the owner of the fronting property to remove the brick, quarry-tile, or exposed concrete aggregate sidewalk surfaces and to construct a concrete sidewalk in accordance with the provisions of Section 703 hereof, when in the judgment of said Director public interest and convenience require such removal and reconstruction.
   The order shall specify the time within which the work is to be completed, and also the time within which the owner must declare, in writing to the Director, his intention to do the work.
   The Director, upon receiving written notice of the intention to comply by the owner, or his authorized agent, may if requested by the owner, grant a reasonable extension of the time specified in the order for the completion of the work.
(Added by Ord. 137-66, App. 6/14/66; Ord. 310-10, File No. 101194, App. 12/16/2010)
SEC. 703.2.  REPLACEMENT, REPAIR AND MAINTENANCE OF EXISTING SIDEWALK SURFACES WITH SAME KIND OF MATERIALS, ETC.
   Any person, firm or corporation who removes or repairs, or causes or permits to be removed or repaired any existing sidewalk surface, or any portion thereof, for any purpose whatever, shall replace or repair or cause to be replaced or repaired the sidewalk surface so removed or repaired, with the same kind of materials, design and texture, and with equivalent workmanship, to match the existing sidewalk surface, unless an exception therefrom is ordered or approved by the Director of Public Works.
(Amended by Ord. 319-73, App. 8/10/73)
SEC. 704.  ASPHALT SIDEWALKS.
   Temporary asphaltic concrete sidewalks may be constructed in industrial areas or fronting unimproved property; provided, however, that no such sidewalks shall be constructed prior to permission having been granted by the Director of Public Works. The Director of Public Works is hereby authorized to grant such permits to owners of fronting property or their duly authorized agents when in his judgment public interest and convenience require the construction of an asphaltic concrete sidewalk. Asphaltic concrete sidewalks shall be at least five inches in thickness and shall consist of a crushed rock base at least three inches in thickness, and an asphaltic concrete wearing surface at least two inches in thickness. The materials used and the method of construction shall be in accordance with specifications which the Director of Public Works is hereby authorized to prepare in conformity herewith, and as required for public convenience and safety, such specifications and rules to apply to the quality and proportions of the required materials, and the method of application. The finished surface of the sidewalk shall have a uniform, nonskid texture and shall rise 1/5 inch per foot from curb grade to property line.
   The Director of Public Works is hereby authorized to order the owner of the fronting property to remove a temporary asphaltic concrete sidewalk and to construct a cement concrete sidewalk in accordance with the provisions of Section 703 hereof, when in the judgment of said Director public interest and convenience require such removal and reconstruction.
   The order shall specify the time within which the work is to be completed, and also the time within which the owner must declare, in writing to the Director, his intention to do the work.
   The Director, upon receiving written notice of the intention to comply by the owner, or his authorized agent, may if requested by the owner, grant a reasonable extension of the time specified in the order for the completion of the work.
SEC. 705.  WOODEN SIDEWALKS OR STAIRWAYS.
   Temporary wooden sidewalks or stairways in sidewalk areas may be constructed in hilly areas or unimproved streets; provided, however, that no such wooden sidewalks shall be constructed prior to permission having been granted by the Director of Public Works. The Director of Public Works is hereby authorized to grant such permits to owners of fronting property or their duly authorized agents when in his judgment public interest and convenience require the construction of a wooden sidewalk or stairway. Every person, firm or corporation owning any real property, fronting on any street where wooden sidewalks now are, or hereafter may be laid, must drive down, or cause to be driven down, and at all times keep, or cause to be kept driven down, even with the upper surface of such sidewalks, in front of such real property, all nails and spikes used in such wooden sidewalks.
   The Director of Public Works is hereby authorized to order the owner of the fronting property to remove the temporary sidewalk or stairway and to construct a concrete sidewalk in accordance with the provisions of Section 703 hereof, when in the judgment of said Director, public interest and convenience require such removal and construction.
   The order shall specify the time within which the work is to be completed, and also the time within which the owner must declare, in writing to the Director, his intention to do the work.
   The Director, upon receiving written notice of the intention to comply by the owner, or his authorized agent, may if requested by the owner, grant a reasonable extension of the time specified in the order for the completion of the work.
SEC. 706.  OWNERS OF FRONTAGE RESPONSIBLE FOR REPAIR – LIABILITY FOR UNSAFE CONDITIONS.
   (a)   It shall be the duty of the owners of lots or portions of lots immediately adjacent to any portion of a public street, avenue, alley, lane, court, or place to maintain the sidewalks and sidewalk area, including any parking strip, parkway, automobile runway, and curb, fronting or adjacent to their property in good repair and condition. This duty shall include removal of any unpermitted structure, including but not limited to unpermitted public pay telephones installed in the sidewalk adjacent to the property. Any person who suffers injury or property damage as a legal result of the failure of the owner to so maintain the sidewalks and sidewalk areas shall have a cause of action for such injury or property damage against such property owner. The City and County of San Francisco shall have a cause of action for indemnity against such property owner for any damages it may be required to pay as satisfaction of any judgment or settlement of any claim that results from injury to persons or property as a legal result of the failure of the owner to maintain the sidewalks and sidewalk areas in accordance with this Ssubsection1 (a). Failure of the owner to maintain the sidewalks and sidewalk areas as set forth in this subsection also shall constitute a public nuisance.
   (b)   Sidewalk Revitalization Program. A property owner may elect to participate in the City’s sidewalk revitalization program for fiscal year 2006-07 or any year thereafter during which the program is renewed by providing written authorization to the Department to undertake repairs to the sidewalk fronting the subject property. If the property owner elects to participate in this program, the Department shall waive all permit and inspection fees related to the sidewalk repair.
   (c)   Street Trees. Consistent with Charter Section 16.129, and notwithstanding subsection (a), as of July 1, 2017, property owners do not have a duty to maintain street trees or portions of the public right-of-way impacted by street trees’ growth or root system, except as set forth in Article 16 of this Code. As stated in Article 16, a property owner may be held liable for injury or property damage occurring before July 1, 2017, and proximately caused by the failure to maintain street trees or a portion of the public right-of-way impacted by street trees’ growth or root system. Except as set forth in Article 16, a property owner shall not be held liable for injury or property damage occurring on or after July 1, 2017 and proximately caused by the failure to maintain street trees or a portion of the public right-of-way impacted by street trees’ growth or root system.
(Amended by Ord. 398-91, App. 11/11/91; Ord. 287-92, App. 9/16/92; Ord. 12-07, File No. 061606, App. 2/2/2007; Ord. 245-17, File No. 170985, App. 12/22/2017, Eff. 1/21/2018)
CODIFICATION NOTE
1.   So in Ord. 245-17.
SEC. 706.1.  NOTICE TO OWNER.
   When any portion of a sidewalk is not in good repair and condition and the Director of Public Works has knowledge thereof, it shall be his duty to notify the owner of the property immediately adjacent thereto, to repair the same. Such notice shall be written and may be given by delivery personally or by mailing of notice, either by letter or postal card, postage prepaid, to his last known address, as the same appears on the last assessment rolls of the City and County of San Francisco. Immediately after mailing any such notice, the Director of Public Works shall cause a copy thereof, printed on a card of not less than eight inches by ten inches in size, to be posted in a conspicuous place on said property.
SEC. 706.2.  CONTENTS OF NOTICE.
   Such notice shall direct the owner to repair such sidewalk, shall specify what work is required to be done, how the same is to be done, and what materials shall be used in such repair, and shall further specify that, if such repair is not commenced within 30 days after notice is given as aforesaid and prosecuted to completion diligently and without interruption, the Director of Public Works shall cause such repair to be made and the cost of the same shall be a lien on such property.
(Amended by Ord. 73-70, App. 3/19/70)
SEC. 706.3.  DIRECTOR OF PUBLIC WORKS TO REPAIR IF OWNER FAILS TO DO SO.
   If said repair is not commenced and prosecuted to completion with due diligence, as required by said notice, the Director of Public Works shall repair said sidewalk. The cost of such repair shall be an obligation to the City and County owing by the owner of the adjacent property, and the City and County shall have a lien of the adjacent property in all respects as though notice had been given. Both such obligation and lien shall be subject to the provisions of Sections 706.4, 706.5, 706.6, 706.7 and 706.8 of this Article.
(Amended by Ord. 342-98, App. 11/13/98)
SEC. 706.4.  NOTICE OF COST AND CLAIM OF LIEN.
   (a)   Upon the completion of such repair, the Director of Public Works shall ascertain the cost thereof, apportioning the same, if the area so repaired is next adjacent to more than one lot of land. The owner of such lot of land shall thereupon be obligated to the City and County of San Francisco in the amount of such cost of repair and the City and County shall thereupon have a lien for such cost of repair upon any such lot of land until payment thereof which lien shall also include the cost of verification and filing thereof. On ascertaining the cost of repair as aforesaid the Director of Public Works shall cause notice thereof to be mailed in the manner herein provided for mailing notice to repair, which notice shall demand payment thereof to the Director of Public Works, shall give notice of claim of such lien and of the recording of the same, in the event such amount is not paid, as hereinafter set forth.
   (b)   Said notice also shall state that the property owner(s) identified as the responsible party(ies) may request an administrative review of the Director's determination as to the responsible property owner(s) and the allocation of cost for remediation. This request must be in writing and filed within 10 calendar days of the date of the Director's notice. If no request for administrative review is filed, the Director's determination shall be final.
   (c)   If administrative review is requested, the Director shall appoint a hearing officer and schedule a hearing within 10 calendar days of the filing of the request for administrative review. The Director shall notify the party(ies) to the review hearing of the time and date of said hearing. Recording of the lien against the affected owner's property pursuant to Section 706.5 shall be held in abeyance until the Director has acted upon the hearing officer's decision.
   (d)   The administrative review hearing is a public hearing and shall be tape recorded. Any party to the hearing may cause, at his or her own expense, the hearing to be recorded by a certified court reporter. During the hearing, evidence and testimony may be presented to the hearing officer. Parties to the hearing may be represented by counsel and have the right to cross-examine witnesses. All testimony shall be given under oath. Written decisions and findings shall be rendered by the hearing officer within 10 calendar days of the hearing. Copies of the findings and decisions shall be served upon the parties to the hearing by certified mail. A notice that a copy of the findings and decisions is available for inspection between the hours of 9:00 a.m. and 5:00 p.m. Monday through Friday shall be posted at the offices of the Department of Public Works.
   (e)   The decision of the hearing officer shall be a recommendation to the Director and the Director, within five days of receipt of such decision, shall adopt, modify, or deny such decision. The Director's determination on the hearing officer's decision is final. Such determination shall be served upon the parties to the hearing and posted in the same manner as the hearing officer's decision as set forth in Subsection (d).
(Amended by Ord. 342-98, App. 11/13/98)
SEC. 706.5.  RECORDING OF LIEN.
   If the cost of repair so specified as to sidewalk area next adjacent to any lot is not paid to the Director of Public Works within 90 days after the mailing of notice thereof, the Director shall file in the office of the Recorder of the City and County a verified claim containing a particular description of the property subject to such lien, the place and general nature of sidewalk repair for which lien is claimed, the dates of mailing or delivery of notice to repair and of cost of repair, the name of the owner of the property as aforesaid and the amount of the lien claimed, which shall include the cost of verification and filing thereof.
SEC. 706.6.  COLLECTION BY BUREAU OF DELINQUENT REVENUE.
   The Director of Public Works shall also transmit to the Bureau of Delinquent Revenue, on the expiration of such 90-day period, a statement of each such unpaid cost of repair, together with the cost of verification and filing of claim therefor. The bureau shall endeavor diligently to collect the same on behalf of the City and County by foreclosure of the lien therefor or otherwise. Any and all amounts paid or collected shall replenish the revolving fund hereinafter provided.
SEC. 706.7.  RELEASE OF LIEN.
   On payment of any such claim of lien, the Director of Public Works shall give a release thereof on demand and payment of the verification thereof.
SEC. 706.8.  REVOLVING FUND.
   A fund shall be provided to cover initially the cost of making sidewalk repairs as provided in Section 706.3 hereof, making repairs in unaccepted public right-of-way as provided in Article 9, Section 400, and of verification and recording of liens therefor, said fund to be a revolving fund and replenished by appropriation and by all moneys paid or collected for sidewalk repairs and repairs in unaccepted public right-of-way and liens therefor as herein provided.
(Amended by Ord. 342-98, App. 11/13/98)
SEC. 706.9.  ALTERNATE METHOD OF ENFORCEMENT AND COLLECTION OF LIEN.
   As an alternative to the lien procedure described in Sections 706.4 through 706.8et seq. of this Article, the Director of Public Works may initiate special assessment lien proceedings in accordance with Administrative Code Chapter 80, Section 80.8(d), whereby the City's expense of repairing, constructing or replacing a sidewalk, driveway, curb or gutter, as confirmed by the Board of Supervisors, shall constitute a special assessment against the parcel or parcels of land fronting such sidewalk, driveway, curb or gutter.
(Added by Ord. 338-73, App. 8/23/73; amended by Ord. 12-07, File No. 061606, App. 2/2/2007; Ord. 77-11, File No. 110281, App. 5/12/2011, Eff. 6/11/2011)
Editor's Note:
   Formerly Sec. 707.1; amended and renumbered by Ord. 77-11, Eff. 6/11/2011.
SEC. 707.  AWARD OF CONTRACT FOR CONSTRUCTION, REPAIR AND REPLACEMENT OF SIDEWALKS, ETC.
   The Director of Public Works is authorized to invite annual bids in the manner provided in the Administrative Code, and to award a contract effective the first day of July of each year on a unit cost basis for the construction, repair and replacement of sidewalks, driveways, curbs, and gutters where the obligation to perform such construction, repair or replacement is that of the property owner. In addition to insuring the City and County, its officers and employees in their capacities as such as required by the Standard Specifications of the Bureau of Engineering, the contractor shall also name as additional insured the owners of property who are jointly responsible for sidewalk repair, but such insurance shall apply only as respects operations performed by the contractor in connection with this Section. Such owner may request the Director of Public Works to issue a work order to the contractor to do the work for the account of the owner. Such contract shall provide that the contractor shall, on receipt of a work order from the Director of Public Works, repair, construct or replace the sidewalk, curb, or gutter for the account of said owner at the unit prices bid, and shall bill the owner for the cost thereof. Should the owner fail to pay the contractor the amount of said bill within 30 days, the contractor shall give written notice of said failure to the Director of Public Works who, upon determining that the work has been satisfactorily performed, shall cause payment to be made to the contractor from a revolving fund, which shall consist of such monies as may be appropriated for these purposes, and cause a lien to be placed upon the owner's property in the amount of said payment as provided in Sections 706.4, 706.5, 706.6, and 706.7 of this Article, and the amount of said payment shall constitute a lien against said property which shall be enforced, collected, and released as provided in said Sections. The Director of Public Works shall make quarterly reports to the Board of Supervisors showing a general accounting of the aforementioned revolving fund. The necessary funds shall be appropriated annually for the preparation of contracts, taking of bids and entering into contracts. Each such contract shall provide that the Director of Public Works shall have the power to prescribe the procedures to be followed and specify the forms to be used for the reports to be rendered in the administration of the work to be performed thereunder. Each such contract shall provide that the contractor shall deposit with the Director of Public Works a sum sufficient to defray costs of inspections by City inspectors on each job for which a work order is issued, calculated as follows: a minimum of $10 for the first 100 square feet, or fraction thereof, of sidewalk, driveway, curb or gutter construction, repair or replacement, and $5 for each additional 100 square feet or fraction thereof.
(Added by Ord. 391-81, App. 7/3/81)
SEC. 707.1.  RESERVED.
(Added by Ord. 338-73, App. 8/23/73; amended by Ord. 12-07, File No. 061606, App. 2/2/2007; amended and renumbered as Sec. 706.9 by Ord. 77-11, File No. 110281, App. 5/12/2011, Eff. 6/11/2011)
SEC. 708.  SIDEWALK IMPROVEMENT – PERMIT REQUIRED.
   Before constructing, repairing, or replacing the sidewalk in front of a lot or lots adjacent to a public street, avenue, alley, lane, court, or place, the owner of said lot or lots shall obtain a permit therefor from the Department of Public Works as provided in Section 708.1, except for that work covered by Section 707 of this Code, or unless the Director of Public Works decides that no permit is needed.
(Added by Ord. 38-66, App. 2/24/66)
SEC. 708.1.  SIDEWALK IMPROVEMENT UNLAWFUL WITHOUT PERMIT.
   It shall be unlawful for any person, firm, or corporation to construct, repair, or replace any sidewalk within the City and County of San Francisco, without first obtaining a permit therefor from the Department of Public Works unless the Director of Public Works decides that no permit is needed, or the work is covered by Section 707 of this Code.
(Added by Ord. 38-66, App. 2/24/66)
SEC. 708.2.  PERMIT FOR CONSTRUCTION, REPAIR, OR REPLACEMENT OF SIDEWALKS – INSPECTION FEE.
   Every applicant for such a permit shall pay the said Department, as an inspection fee, a sum of $15 for every 100 square feet or fraction thereof, of sidewalk construction, repair or replacement. No fees shall be required for a permit to repair or replace 10 square feet or less of sidewalk.
(Amended by Ord. 391-81, App. 7/3/81; Ord. 401-87, App. 9/26/87; Ord. 255-92, App. 8/7/92)
SEC. 709.  EMERGENCY ORDERS; ACCEPTED AND UNACCEPTED PUBLIC RIGHT-OF- WAY.
   (a)   If, in the judgment of the Director, the condition of an accepted or unaccepted public right-of-way within the jurisdiction of the Department of Public Works constitutes a public emergency or other imminent threat to the public health, safety, or welfare that requires immediate action, the Director, by written, telephonic or facsimile communication, may order the responsible property owner(s) to remedy the condition in such a manner as the Director deems expedient and appropriate subject to the limitations set forth in this Article or Article 9.
   (b)   If the responsible property owner(s) notified pursuant to Subsection (a) is inaccessible or fails, neglects, or refuses to diligently prosecute to completion the remedial work in the manner and time period specified by the Director, then the Director may undertake all necessary actions to remedy the condition. All costs expended by the Director shall be an obligation of the responsible property owner(s) owing to the City and County of San Francisco. Such costs shall include, but are not limited to, those costs associated with the administration, construction, consultants, equipment, inspection, notification, remediation, repair, restoration, or any other actual costs incurred by the Director or other agencies, boards, commissions, or departments of the City and County of San Francisco that were made necessary by reason of the Director's remediation.
   (c)   In order to enforce an obligation imposed pursuant to Subsection (b), the Director is authorized to institute the lien procedures that are set forth in Sections 706.4 through 707.1.
   (d)   In the event of an emergency, the Director shall cooperate to the extent practicable with other City and County agencies, boards, commissions, or departments with jurisdiction over affected fixtures, improvements, property, or structures across, adjacent to, along, beneath, in, on, over, under, upon, or within the public right-of-way. The Director may issue an emergency order in conjunction with any other official of the City and County of San Francisco who is authorized to issue emergency orders.
   (e)   When, under emergency circumstances, neither the Department of Public Works nor Department of Building Inspection can ascertain which department has jurisdiction over the affected fixtures, improvements, property, or structures across, adjacent to, along, beneath, in, on, over, under, upon, or within the public right-of- way, the Director, the Director of the Department of Building Inspection, or both may issue emergency orders to remedy any emergency condition. Notice of the emergency order shall be pursuant to Subsection (a) or according to procedures set forth in the San Francisco Building Code. If the City and County of San Francisco abates the emergency condition, once the Department of Public Works and Building Inspection have determined which department has jurisdiction over the affected fixtures, improvements, property, or structures across, adjacent to, along, beneath, in, on, over, under, upon, or within the public right-of-way, the procedures for collection of charges and enforcement shall be according to the Municipal Code sections applicable to whichever department assumed the lead role in abating the emergency condition.
(Added by Ord. 342-98, App. 11/13/98)
SEC. 710.  EXCAVATIONS – REPLACEMENT OF SOCKETS.
   The Department of Public Works is hereby directed to cause an inspection to be made of all cases where excavations are made in the public streets or other work done thereon, and to see that all sockets used for posts or poles in connection with parades or street displays have been properly replaced after removal in the making of such excavations or doing such work. In case such sockets have not been replaced to the satisfaction of said Department of Public Works, said Department shall cause such sockets to be put in, and any cost thereof shall be deducted from any deposit made to cover damage to such street by reason of such excavation or street work.
SEC. 715.  CONSTRUCTION REQUIREMENTS – AUTOMOBILE RUNWAYS.
   That certain plan for the construction of automobile runways extending from the roadways of the improved public streets in the City and County of San Francisco to and upon a portion of the sidewalk area adjacent to the curb line of the roadway of any such streets prepared by the Bureau of Engineering of the Department of Public Works and on file under File No. 14733 in the office of the Clerk of the Board of Supervisors and entitled and designated as "Plan for Construction of Automobile Runway, File L-6964.1" is hereby approved and adopted as the plan in conformity with which any automobile runway extending from the roadway of an improved public street in said City and County to and upon a portion of a sidewalk area adjacent to the curb line of the roadway of such street is required hereafter to be constructed and maintained; provided, however, that when special conditions exist and this plan is not the most feasible the Director of Public Works is authorized to allow deviations, and any such automobile runway hereafter constructed and maintained in any manner not strictly conforming to the design and measurements indicated on such approved and adopted plan, unless modified as herein provided by the Director of Public Works, shall be unlawful.
SEC. 716.  PERMIT REQUIRED – FEE.
   (a)   It shall be unlawful for any person, firm or corporation to commence or proceed with the construction of any such automobile runway within the City and County of San Francisco, unless a permit therefor shall have been first obtained from the Department of Public Works, unless the Director of Public Works decides that no permit is needed.
      Before the issuance of such permit the applicant therefor shall be required to pay to said Department, as an inspection fee, the sum of $60 per driveway.
   (b)   The public right-of-way occupancy assessment fee for an automobile runway (driveway), whether permitted as specified in Sections 715-719, or unpermitted, shall be an annual fee of $3.00 per square foot of occupancy of the sidewalk or other public right-of-way space that was modified or is proposed for modification to create the automobile runway(s) on the subject property. For purposes of calculating the assessment fee, the Department shall charge no less than $100.00 per year even though the calculated square footage charge for the runway(s) may result in a smaller assessment fee. If the fee for a residential parking permit were assigned to each runway on the subject property and such fee is greater than the public right-of-way occupancy assessment fee, then the Department shall charge an amount equivalent to a residential parking permit for each runway on the subject property. If a runway bi-sects a property line, than the fee shall be equally allocated to each owner. Runways that are reconstructed, but do not increase in size shall be exempt from the assessment fee. If a property is condominium, then the fee shall be charged to the homeowners' association or equally allocated to each owner of a condominium unit. Funds collected through this program shall be used for a variety of street improvements within the Department's jurisdiction including but not limited to Americans with Disabilities Act improvements such as curb ramps.
(Amended by Ord. 391-81, App. 7/3/81; Ord. 401-87, App. 9/25/87; Ord. 293-08, File No. 081086)
SEC. 717.  PERMIT ONLY TO OWNER – RESTORATION.
   The permit referred to in Section 716 of this Article, and required to be first obtained, shall be granted only to the owner of the real property in front of which any such automobile runway as provided for in this Article is to be constructed and maintained, upon the application of such owner or the authorized agent thereof, and such owner, or the successor of such owner in or the ownership of such property, shall be obligated, in case such automobile runway be discontinued in the use thereof, or abandoned as to such use, to restore to its former or original condition the portion of the street altered or changed in consequence of the construction of such automobile runway.
SEC. 718.  EXISTING RUNWAYS.
   Such automobile runways from the roadways of improved public streets in the City and County of San Francisco to and upon portions of the sidewalk areas adjacent to the curb lines of the roadways of such streets, as have heretofore been constructed under sanction and to the satisfaction of the Department of Public Works and are now being maintained as so constructed, and such other automobile runways as have already been constructed and which, as to method of construction, are within the restrictions denoted on the approved and adopted plan referred to in Section 715 of this Article, are hereby permitted to be so maintained, subject however to the obligation imposed by the provisions of Section 717 of this Article.
SEC. 719.  RUNWAY RECONSTRUCTION.
   Whenever street work is performed by the City on accepted streets, and such work alters the street surface elevation fronting on an existing runway which has been constructed and is being maintained in accordance with the provisions of this Article, such portion of said existing runway which requires reconstruction to conform to the altered street surface elevation shall be included in the work and the cost thereof shall be borne by the City, provided that no runway work shall extend further than four feet from the curb line.
SEC. 720.  SIDE SEWER, SIDE SEWER TRAP AND HOUSE SEWER ALTERATION.
   Whenever street work is performed by the City on accepted streets and such street work necessitates the alteration, adjustment, relocation, and/or reconstruction of any existing side sewer, side sewer trap, and/or house sewer outside the building line which has been constructed and is being maintained in accordance with the provisions of the San Francisco Municipal Code, Part II, Chapter VII (Plumbing and Gas Appliance Code), Article 1, such alteration, adjustment, relocation and/or reconstruction shall be included in the work and the cost thereof shall be borne by the City.
(Added by Ord. 205-65, App. 7/29/65)
SEC. 723.  OBSTRUCTION OF PUBLIC RIGHT-OF-WAY PROHIBITED.
   (a)   It shall be unlawful for any person, firm or corporation, without permission from the Department of Public Works, to pile, cap or otherwise obstruct or place obstructions upon, above, or below, any public right-of-way, whether the same be graded or not. “Public right-of-way” shall mean the area across, along, beneath, in, on, over, under, upon, and within the dedicated public alleys, boulevards, courts, lanes, roadways, sidewalks, spaces, streets, and ways within the City, as they now exist or hereafter will exist and which are or will be under the permitting jurisdiction of the Department of Public Works.
   (b)   Any violation of this Section 723 shall be deemed a public nuisance subject to enforcement actions pursuant to Administrative Code Chapter 100, which is hereby incorporated in its entirety, Administrative Code Chapter 80, and Police Code Section 39-1, and other Public Works regulations, procedures, and actions adopted by order.
(Amended by Ord. 291-19, File No. 191033, App. 12/19/2019, Eff. 1/19/2020)
SEC. 723.1.  SIDEWALK BARRIERS.
   The Department of Public Works may grant permission, revocable at the will of the Director of Public Works, to owners of property abutting any court, alley or narrow street to install and maintain barriers of an approved design, spacing and location in the sidewalk fronting their property where necessary to control illegal vehicular parking or driving in sidewalk areas.
   The owner of the abutting property, or his authorized agent applying for a permit to install and maintain sidewalk barriers shall agree to hold harmless the City and County of San Francisco, its officers, agents, and employees, from any damage or injury caused by reason of the installation or maintenance of the barriers in the sidewalk, and the owner or owners or subsequent owner or owners of the respective property shall be solely liable for any damage or loss occasioned by any act or neglect in respect to the installation or maintenance of the barriers in the sidewalk.
   Before the issuance of the permit, the applicant therefor shall be required to pay to the said Department, as an inspection fee, the sum of $100 for each 25 feet, or fractional part thereof, of the sidewalk frontage of the property.
   A copy of each permit issued under the provisions of this Section shall be recorded in the office of the Recorder of the City and County of San Francisco.
   The Board of Supervisors shall have the right of approval and/or revocation of any permit for the installation and maintenance of barriers on public sidewalks.
(Amended by Ord. 391-81, App. 7/3/81; Ord. 401-87, App. 9/25/87)
SEC. 723.2.  MINOR SIDEWALK ENCROACHMENTS.
   (a)   The Director of Public Works may grant permission, revocable at his or her will, to an owner of property abutting any court, alley or street to install and maintain minor encroachments such as fences, retaining walls, steps or stairways and other minor structures in the sidewalk fronting such property where such encroachments are desirable or convenient in conjunction with the owner's use and enjoyment of the property, or required for the safety, convenience and comfort of the public using the sidewalk. Pipelines or other portions of an alternate water source system constructed within the public right-of-way for the purposes set forth in Article 12C of the Health Code and in accordance with Health Code Section 12C.6 are minor encroachments subject to the requirements of this Section 723.2.
   (b)   Such encroachments shall not occupy more than 10 percent of the area of the sidewalk fronting the property nor more than 25 percent of the width of the sidewalk, unless the Director of Public Works determines that such restrictions are not applicable due to the nature of the encroachment. The Director may require further restrictions or modifications and impose such conditions as he or she deems necessary. No advertisement shall be permitted on the encroachments.
   (c)   In considering the issuance of permits under the provisions of this Section 723.2, the Director of Public Works shall give due regard to the location, neighborhood pattern, anticipated pedestrian traffic, access requirements of the Fire Department, and to the convenience and necessities of the owners, occupants or tenants of offices, stores or shops in the vicinity.
   (d)   The owner of the real property or the owner's authorized agent applying for a permit under the provisions of this Section 723.2 shall agree to hold harmless the City and County of San Francisco, its officers, agents, and employees, from any damage or injury caused by reason of the installation or maintenance of the encroachment in the sidewalk, and the owner or owners or subsequent owner or owners of the respective real property shall be solely liable for any damage or loss occasioned by any act or neglect in respect to the installation or maintenance of the encroachments in the sidewalk.
   (e)   Each permit issued under the provisions of this Section 723.2 shall not become effective until the permit has been signed by the owner or the owner's authorized agent and a copy thereof has been recorded in the office of the Recorder of the City and County of San Francisco. Within 15 days following the approval, denial or revocation of a permit by the Director, any person may file a notice of appeal as follows:
      (1)   Appeals of the revocation or denial of a permit issued by the Director for the following encroachments that impede or otherwise impact the Central Subway Corridor, as defined in Section 723.3(a)(3) of this Code; subsidewalk encroachments below the public right-of-way or other encroachments in, on, and/or below the public right-of-way may be appealed to the Board of Supervisors by filing a notice of appeal with the Clerk of the Board of Supervisors.
      (2)   Appeals of the approval, denial or revocation of all other permits may be appealed by filing a notice of appeal with the Board of Appeal.
      (3)   In the alternative, when the encroachment is related to building construction, rehabilitation or maintenance, any person may appeal the encroachment permit decision to the Building Inspection Commission. A person waives his or her right to appeal to the Building Inspection Commission encroachment permit decisions relating to building construction, rehabilitation or maintenance by instead filing the appeal with the Board of Supervisors or the Board of Appeals. No encroachment permit decision may be appealed to both bodies.
   (f)   For purposes of this Section 723.2, an encroachment permit is related to building construction, rehabilitation or maintenance when the object of the encroachment permit affects the applicant's ability to construct, repair or maintain the building.
   (g)   Pending decision by the Board of Supervisors, the Board of Appeals or the Building Inspection Commission, the permit decision by the Director shall be suspended.
   (h)   Before issuance of the permit, the applicant shall be required to pay to the Department of Public Works a fee as set forth in Section 2.1.1et seq. and a public right-of-way occupancy assessment fee as set forth in subsection (k).
   (i)   Nothing in this Section 723.2 shall be construed as authorizing the Director of Public Works to grant a permit for any encroachment which he or she determines to be inimical to the health, welfare, safety and best interest of the general public, or in violation of the Charter or laws of the City and County of San Francisco or laws of the State of California.
   (j)   The Board of Supervisors, the Board of Appeals or the Building Inspection Commission may affirm, reverse or modify any permit decision made by the Director of Public Works under the provisions of this Section 723.2. The decision by the Board of Supervisors, the Board of Appeals or the Building Inspection Commission is final.
   (k)   The Board of Supervisors reserves the right to exact a public right-of-way occupancy assessment fee for the use of the sidewalk or other public right-of-way space permitted under the provisions of this Section 723.2.
      (1)   In accordance with this subsection (k) the public right-of-way occupancy assessment fee for minor sidewalk encroachments, whether permitted or unpermitted and as specified in subsection (k)(2), shall be an annual fee of $3.00 per square foot of occupancy of the sidewalk or other public right-of-way space. For purposes of calculating the assessment fee, the Department shall charge no less than $100.00 per year even though the calculated square footage charge for the encroachment may result in a smaller assessment fee.
      (2)   The following categories of minor sidewalk encroachments are subject to the public right-of-way occupancy assessment fee:
         (A)   Encroachments in, on, above, or below the public right-of-way that are affixed or appurtenant to any building whose owner obtained a site permit for new construction on or after August 29, 2005. This subsection (k)(2)(A) also shall apply to any commercial, industrial, or mixed-use building whose owner obtained a site permit for new construction prior to August 29, 2005; provided, however, that such building is not located in any Neighborhood Commercial District as designated in Planning Code Article 7 and that the encroachment associated with such building was installed or encroachment permit obtained prior to August 29, 2005. This subsection (k)(2)(A) shall specifically include, but not be limited to, doors that open over the public right-of-way and subsidewalk basements; provided, however, that this subsection shall exclude encroachments for shoring and tiebacks. This subsection (k)(2)(A) shall not apply to a building that has been converted from a commercial, industrial, or mixed-use building into building containing only residential use.
         (B)   Encroachments associated with a commercial, industrial, or mixed-use building that change the vertical or horizontal plane of an existing sidewalk and modify the existing sidewalk slope pattern in order to provide access necessary to comply with the Americans with Disabilities Act; provided, however, that the building obtained a site permit for new construction on or after August 29, 2005.
         (C)   Any enclosure of the public right-of-way that is used exclusively for private benefit and was installed on or after August 29, 2005. This subsection (k)(2)(C) also shall apply to any enclosure installed prior to August 29, 2005 that is associated with a commercial, industrial, or mixed-use building; provided, however, that the building is not located in any Neighborhood Commercial District as designated in Planning Code Article 7.
         (D)   Underground storage tanks.
      (3)   For purposes of subsection (k)(2), the term "site permit" also shall mean "building permit."
      (4)   Notwithstanding subsection (k)(2), no public right-of-way occupancy assessment fee shall be charged against the owner of an historic or architecturally significant building who has installed or seeks a permit to install a minor sidewalk encroachment in order to conform with an applicable Municipal Code; provided, however that this exception shall not apply if the encroachment is a sub-sidewalk basement. For purposes of this subsection, an historic or architecturally significant building shall be a building so designated pursuant to Planning Code Article 10 or specifically identified as an architecturally significant building on the Planning Department's database or on a list maintained by the Planning Department.
      (5)   Notwithstanding subsection (k)(2), no public right-of-way occupancy assessment fee shall be charged against the owner of a property for elements installed as a requirement under Planning Code Section 138.1.
      (6)   Notwithstanding subsection (k)(2), if a minor sidewalk encroachment permit is necessary for the development of a project including residential units, all of which are affordable to low or moderate income households as defined by the United States Housing and Urban Development Department, then such project shall be exempt from payment of the public right-of-way occupancy assessment fee.
      (7)   The public right-of-way occupancy assessment fee shall be subject to the review and adjustment procedures as forth in Sections 2.1.1et seq.
      (8)   The public right-of-way occupancy assessment fee shall not be charged to any federal, state, or local governmental agencies, commissions, or departments.
      (9)   Notwithstanding this subsection (k), the public right-of-way assessment fee for underground vaults shall be as specified in Section 2.1.1et seq.
      (10)   Notwithstanding subsection (k)(2), no public right-of-way occupancy assessment fee shall be charged for pipelines or other portions of an alternate water source system constructed within the public right-of-way for the purposes set forth in Article 12C of the Health Code and in accordance with Health Code Section 12C.6.
      (11)   Notwithstanding subsection (k)(2), no public right-of-way occupancy assessment fee shall be charged to an owner of property that obtains a minor encroachment permit to construct and maintain a floodwater management project that is located in public rights of way and funded with San Francisco Public Utilities Commission grant funds.
   (l)   Notwithstanding the fees specified herein, if a project involves voluntary seismic retrofit upgrades to soft-story, wood-frame buildings, as defined by the Director of the Department of Building Inspection, such project applicant shall be exempt from the proportionate share of fees specified under this Section 723.2 and Sections 2.1.1et seq. that is related to such retrofit work.
(Added by Ord. 391-81, App. 7/3/81; amended by Ord. 474-97, App. 12/23/97; Ord. 244-00, File No. 001354, App. 10/27/2000; Ord. 179-05, File No. 050986, App. 7/29/2005; Ord. 57-06, File No. 060081, App. 3/31/2006; Ord. 165-07, File No. 070452, App. 7/20/2007; Ord. 48-09, File No. 081598, App. 4/2/2009; Ord. 209-09, File No. 090934, App. 9/25/2009; Ord. 54-10, File No. 091113, App. 3/19/2010; Ord. 77-10, File No. 091165, App. 4/16/2010; Ord. 248-10, File No. 100757, App. 10/14/2010; Ord. 310-10, File No. 101194, App. 12/16/2010; Ord. 109-15 , File No. 150350, App. 7/2/2015, Eff. 8/1/2015; Ord. 183-15 , File No. 150758, App. 10/16/2015, Eff. 11/15/2015; Ord. 6-17, File No. 161081, App. 1/20/2017, Eff. 2/19/2017)
SEC. 723.3.  UNPERMITTED SUBSIDEWALK ENCROACHMENT INTO THE PUBLIC RIGHT-OF-WAY ALONG THE CENTRAL SUBWAY CORRIDOR.
   (a)   For purposes of Section 723.3, the following terms shall have the following meanings:
      (1)   "Property Owner" means the record owner of the Property.
      (2)   "Property" means the real property immediately abutting, adjacent or otherwise connected to an unpermitted subsidewalk obstruction or other encroachment into the public right-of-way.
      (3)   "Central Subway Corridor" shall mean the north-south subway alignment commencing at Fourth and King Streets and continuing via Fourth and via Stockton Streets to the terminus located on the north side of the intersection of Stockton and Jackson Streets.
      (4)   "Unpermitted" shall mean the unauthorized use of a subsidewalk obstruction or other encroachment into the public right-of-way, including those obstructions or encroachments for which a permit has been revoked, annulled or for which a permit has not been issued.
   (b)   Notwithstanding any permit, license, easement or authorization of any kind, an unpermitted subsidewalk obstruction or other encroachment into the public right-of-way along the Central Subway Corridor shall constitute a public nuisance that the City may abate by any legal means, and the abatement of such nuisance shall be at the expense of the Property Owner.
   (c)   Notice to abate nuisance.
      (1)   Notwithstanding any other remedy, upon request from the Central Subway Project Manager, the Director of Public Works shall mail a notice to the Property Owner, any known occupant of the unpermitted subsidewalk obstruction or encroachment and any mortgagee or beneficiary under a recorded deed of trust.
      (2)   The notice shall state the conditions that constitute the public nuisance and shall order the abatement of the nuisance within a specific amount of time after the date of the notice. The time allowed for abatement shall be a reasonable time in the judgment of the Director of Public Works, based upon the circumstances of the particular nuisance.
      (3)   The Director of Public Works shall serve the notice by first class mail, postage prepaid, return receipt requested, addressed to the Property Owner as that address appears on the last equalized assessment roll or as known to the Director of Public Works. If no address appears, then a copy of the notice shall be mailed addressed to the Property Owner at the address of the Property. The Director of Public Works shall also serve the notice by first class mail, postage prepaid, return receipt requested, to any known occupant of the subsidewalk obstruction or encroachment determined to constitute a nuisance.
   Service of the notice is effective on the date of mailing.
      (4)   The Director of Public Works shall retain in the file a declaration of the person effecting service declaring the date, time and manner that service was made.
   (d)   Effect of failure to abate. If the Property Owner does not comply with the notice prescribed in Section 723.3(c), the Director of Public Works may permit the Municipal Transportation Agency to abate the nuisance by giving a second notice in the same manner set forth in Section 723.3(c). The second notice shall direct the Property Owner and the occupant of the subsidewalk obstruction or encroachment to appear before the Director of Transportation, or his or her designee, at a stated time and place to show cause why the nuisance should not be abated. The notice shall be titled "Notice of Hearing to Abate Nuisance" and shall be substantially in the following form:
NOTICE OF HEARING TO ABATE NUISANCE
____________, the owner(s)/occupant(s) of real property located at ____________, is notified to appear before the Director of Transportation, or his or her designee, at a hearing to be held on ____________, 20___, at ____________ o'clock, at ____________ [insert location of hearing], and show cause, if any he or she has, why the nuisance should not be abated and the cost of abatement of the nuisance on that parcel of land should not be made a special assessment against the parcel. A notice to you previously sent on ____________ 20___; is attached for further details regarding the nuisance.
   (e)   Hearing. At the time fixed in the notice, the Director of Transportation, or his or her designee, shall hear the testimony of all interested persons desiring to testify respecting the condition constituting the nuisance, including the estimated cost of its abatement and any other matter which may be pertinent. Following the conclusion of the hearing, the Director of Transportation, or his or her designee may, by written statement, declare his or her findings. The Director of Transportation, or his or her designee, may order the Property Owner to abate the nuisance within a specific time, which is reasonable under the circumstances, after the date of serving the notice of the written statement.
   (f)   Abatement by City. If the Property Owner fails to abate the nuisance within the time set forth, the Municipal Transportation Agency may proceed to abate the nuisance.
   (g)   Recoverable expenses. The expense of abatement of a nuisance under this Section 723.3 shall be a lien against the Property.
      (1)   A recoverable expense shall include but not be limited to the following:
         (a)   The hourly rates for personnel time in (i) preparing for and attending all inspections, (ii) preparing all written reports and memos, (iii) preparing for and attending all meetings at which the enforcement actions against the property being charged with the expense is the subject, (iv) preparing for and attending all official enforcement proceedings, including but not limited to proceedings before the Director of Transportation, or his or her designee, and (v) preparing for and attending civil or criminal proceedings instituted in state or federal court; and
         (b)   The cost of services rendered by third parties such as the preparation of title reports, investigative services, process servers and consulting services (including costs of estimates, appraisals, work and abatement).
         (c)   Attorneys' fees incurred due to any enforcement proceedings commenced by the city pursuant to this code shall be awarded to the prevailing party. The proceedings shall be considered to have commenced upon the city's initial inspection of the property that is the subject of the proceeding. If the Property Owner against whom the enforcement proceeding is pursued is found to be in violation of this Section, the city shall be deemed to be the prevailing party. In no action, administrative proceeding, or special proceeding shall an award of attorneys' fees to a prevailing party exceed the amount of attorneys' fees incurred by the city in the action or proceeding. Any award to the city of its attorneys' fees shall be collectable as a recoverable expense and shall be included in the statement of expense and provided for hereunder.
   (h)   Statement of expenses. The Municipal Transportation Agency shall keep an itemized account of its expenses involved in abating the nuisance. After completing abatement of the nuisance, the Municipal Transportation Agency shall mail to the Property Owner a statement including:
      (1)   What abatement action has been taken;
      (2)   A statement of all removal, administrative and other expenses incurred;
      (3)   That the expenses are due and payable within 45 days from the date of this notice;
      (4)   That if the Property Owner fails to make payment within 45 days, the amount will be charged to the owner on the next regular tax bill and recorded as a lien against the Property;
      (5)   The date, time and place for a hearing before the Board of Supervisors at which the Property Owner may contest the amount charged.
   (i)   Hearing on statement of expenses. At the time fixed for the hearing of the statement of expenses, the Board of Supervisors shall consider the statement and protests or objections raised by the Property Owner. The Board of Supervisors may correct or modify the statement as it considers just and thereafter shall finally determine the amount due by written resolution.
   (j)   Expenses as special assessment against the property. If the Property Owner does not pay the expense of abating the nuisance within 45 days after the Board of Supervisors confirms the costs of abatement, the costs of abatement shall constitute a lien upon the Property and shall be collected as a special assessment against the Property. The assessment shall continue until it is paid, together with interest at the rate of 10 percent per year computed from the date of dispatch of the statement of expenses until payment. The assessment may be collected at the same time and in the same manner as ad valorem real property taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ad valorem real property taxes.
   (k)   Notice of special assessment.
      (1)   When a special assessment is charged against property as provided in this Section, the Municipal Transportation Agency shall mail, by certified mail, to the Property Owner and file in the office of the Recorder of the City and County of San Francisco a certificate substantially in the following form:
NOTICE OF SPECIAL ASSESSMENT
   On ____________ 20____, the City and County of San Francisco abated a nuisance on the property located at ____________ (Assessor's Parcel No. ____________). This property is owned by ____________. The abatement was done under the authority of California Government Code Section 38773.5 and San Francisco Public Works Code Section 723.3.
   The City and County of San Francisco claims a special assessment on the real property for the costs of the abatement in the amount of $____________. This amount is a special assessment against the real property until paid with interest at the legal rate of ____________ and discharged of record. This property may be sold after three (3) years by the tax collector for unpaid delinquent assessments.
   The real property referred to in this notice is that parcel of land situated within the City and County of San Francisco, State of California, more specifically described as follows: (insert or attach legal description).
   Dated: ____________ 20_____
   City of San Francisco
   By: ____________
      (2)   The city shall file with the Auditor of the City and County of San Francisco a certified copy of the notice of special assessment, a brief description of the abatement action taken and a request that the charges be added to the tax rolls and collected at the same time and in the same manner as ordinary municipal taxes. Amounts received either as payment on a property tax bill or final sale of the Property shall be deposited in the Municipal Transportation Fund created by Section 8A.105 of the City Charter minus the administrative costs of the Tax Collector in collecting the payments.
(Added by Ord. 210-09, File No. 090933, App. 9/25/2009)
SEC. 723.5.  TESTING EMERGING TECHNOLOGY DEVICES ON PUBLIC RIGHT-OF-WAYS – PERMIT REQUIRED.
   (a)   Purpose. The purpose of this Section 723.5 is to establish a Pilot Permit program to regulate and temporarily authorize the physical operation, testing, and/or placement of certain Emerging Technologies Devices upon, above, or below City sidewalks, public right-of-ways, and property within the jurisdiction of Public Works. This Section 723.5 shall not govern the operation of Emerging Technology Devices on the portions of City streets and highways or public property subject to the sole jurisdiction of one or more Special Jurisdiction Agencies, unless such agencies authorize the application of this Section to said portions of streets, highways, or public property.
   (b)   Definitions.
      “City Department Partners” has the same meaning as in Administrative Code Section 22G.2.
      “Director” means the Public Works Director or the Public Works Director’s designee.
      “Emerging Technology” is equivalent to the definition set forth in the OET Ordinance.
      “Emerging Technology Device” means the physical device or enclosure that constitutes, implements, or utilizes an Emerging Technology, or the physical device or enclosure that is required for the Emerging Technology to operate or function.
      “Notice of Application” means a written notice on a form provided or approved by Public Works that indicates an application for a Pilot Permit is being considered for approval by Public Works.
      “Notice to Proceed” has the same meaning as in Administrative Code Section 22G.2.
      “OET” has the same meaning as in Administrative Code Section 22G.2.
      “OET Director” has the same meaning as in Administrative Code Section 22G.2.
      “OET Ordinance” means Administrative Code Chapter 22G (Office of Emerging Technology), as may be amended from time to time.
      “Pilot Permit” means a permit issued by the Director to perform a PW Pilot Project under this Section 723.5. A Pilot Permit is separate and distinct from a Notice to Proceed.
      “Pilot Project” 1
      “Pilot Term” means the term of days for which a PW Pilot Project is authorized by the Director under this Section 723.5.
      “Public Works” means the Department of Public Works.
      “PW Pilot Project” means the portion of the Pilot Project, as defined in the OET Ordinance, that takes place on public right-of-ways or real property within the jurisdiction of Public Works.
      “Regulations” means orders, requirements, processes, or procedures that the Director may adopt as the Director deems necessary to maintain and further the public peace, safety, health, convenience, and welfare.
      “Special Jurisdiction Agencies” has the same meaning as in Administrative Code Section 22G.2.
      “Testing” means the operation and evaluation of an Emerging Technology or Emerging Technology Device for research and development for anticipated commercial uses and for the City’s evaluation of whether the operation of the Emerging Technology Device would warrant the creation of a permit program that would allow the Emerging Technology Device to operate beyond the Pilot Term in light of the effects of the Emerging Technology on public health, safety, welfare, and convenience.
   (c)   Permit Required. It shall be unlawful for any person, including but not limited to natural persons and businesses, to operate an Emerging Technology Device upon, above, or below any public right-of-way (as defined in Article 2.4 of the Public Works Code) or public property within Public Works’ jurisdiction without a Pilot Permit, unless otherwise authorized by federal or state law. Operation of an Emerging Technology Device upon, above, or below any public right-of-way or public property without all required permits shall be deemed a public nuisance. To be eligible to apply for a Pilot Permit under this Section 723.5 , the applicant must first obtain Approval, as defined in Administrative Code Section 22G.2, to perform a Pilot Project and pay all applicable fees.
   (d)   Public Works Director’s Administration of Permit. The Director shall administer all Pilot Permits in consultation with all applicable City Department Partners and pursuant to the requirements, rules, and regulations set forth in this Section 723.5 or other Regulations.
   (e)   Restrictions on Duration of Pilot Permits. The Director shall be authorized to determine the term of any Pilot Permit issued under this Section 723.5 provided that the duration shall not exceed 12 months and shall be subject to the Director’s authority to grant one extension of an additional 12 months. When a permittee requests an extension, the permittee shall provide Public Works with a report that provides all data collected during prior Testing and describes any public safety-related incidents that have occurred including all emergency calls for service.
   (f)   Application Process. Public Works shall receive and process each complete Pilot Permit application, and the content of applications shall comply with the Director’s Regulations. All applications shall be on forms prescribed therefor and shall contain or be accompanied by all information required to assure the presentation of pertinent facts for proper consideration of the application. At a minimum, the applicant shall provide the following information as part of the application submittal:
      (1)   Business entity name, name of natural person submitting application, office address, telephone number, and email address;
      (2)   Copy of business license;
      (3)   Tax identification number;
      (4)   Description, physical dimensions, and technical specifications of the Emerging Technology Device;
      (5)   Description and purpose of Testing;
      (6)   Proposed dates and times of Testing;
      (7)   Proposed paths of travel and identification of any portion of the paths of travel that are within or adjacent to the “High Injury Network” as designated by the City’s Vision Zero SF road safety initiative;
      (8)   Operations manuals and instructions for operation of the Emerging Technology Device, including manner of causing it to come to a full and complete stop;
      (9)   Privacy policy that addresses the manner in which applicant will use, store, and safeguard photographic, video, and other data obtained through the Testing; and
      (10)   Proposed public notice plan.
   Public Works shall refer an application to any other appropriate City department for its review and consultation. After reviewing the Pilot Permit application and determining that the application is complete, Public Works shall inform the applicant that the applicant is authorized to proceed to post Notices of Application.
   (g)   Public Notice and Opportunity to Comment. Upon receiving authorization to proceed to post Notices of Application, the applicant shall post Notices of Application for a period of 20 calendar days at the Testing site(s) according to a public notice plan approved by Public Works, and the applicant shall also provide any Notice of Application to Stakeholders as defined in Administrative Code Section 22G.2 and other interested persons, as may be prescribed by the Director’s Regulations. The applicant shall submit to Public Works photographic evidence that the Notices of Application were posted in accordance with this subsection (g). The applicant shall remove all Notices of Application the day after the expiration of the 20-day notice period. Public Works shall accept public comments on the Notice of Application for 20 calendar days from the first day the Notice of Application was posted. Public Works shall also list pending applications and all approved Pilot Permits on the Public Works website.
   (h)   Public Hearings.
      (1)   Public Works Hearing. Upon receiving a request for a hearing from a member of the public during the notification period, the Director shall review the merit of the request and the Director shall schedule and hold a public hearing, at the Director’s sole discretion, regarding each application for a Pilot Permit. Unless otherwise stated in this Section 723.5 , the Notice of Public Hearing posting shall comply with Article 5.6 of the Public Works Code. The Public Works Director shall also notify the Board of Supervisors of any public hearing held under this subsection (h)(1), and of the Director’s written determination after such hearing.
      (2)   Appeal to Board of Appeals. The Director’s approval or denial of a Pilot Permit application, or the Director’s modification, suspension, or revocation of a Pilot Permit, may be appealed by filing a notice of appeal with the Board of Appeals.
   (i)   Conditions of Approval and Data Sharing.
      (1)   Conditions of Approval. The Director, in consultation with other City departments, as applicable, shall impose any conditions of approval that the Director deems necessary or appropriate to protect the public peace, safety, health, and welfare of pedestrians and other users of the sidewalks, public right-of-ways, and public property (“Conditions of Approval”). The Director shall have the authority to add Conditions of Approval to modify, or suspend the Pilot Permit to address public peace, safety, health, and welfare issues arising from the Testing, including but not limited to conditions intended to promote safe operations within the High Injury Network. Upon the Director’s determination that the permittee has failed to comply with the Conditions of Approval, the Director shall provide the permittee with written notification of the time and date of a public hearing to consider the grounds for revoking, modifying, or suspending the Pilot Permit. Following the public hearing, the Director shall issue an order revoking or modifying the Pilot Permit for good cause. If the failure to comply with the Conditions of Approval poses an imminent threat to public safety, health, or welfare, the Director shall immediately suspend the permit pending a final decision to revoke or modify the Pilot Permit. The Director’s modification, revocation, or suspension of the Pilot Permit may be appealed to the Board of Appeals under subsection (h)(2).
      (2)   Data Sharing. Each Pilot Permit permittee shall disclose the following information to Public Works and OET on a monthly basis in an aggregated form that preserves the privacy and the confidentiality of the identity of end users that are not employees, contractors, or subcontractors of the Pilot Permit permittee:
         (A)   all data collected during the Testing of an Emerging Technology Device, including any Global Positioning System (“GPS”) or photographic data;
         (B)   information regarding the San Francisco businesses that are incorporating the Testing of Emerging Technology Devices into their operations; and
         (C)   incidents arising from the Testing of each Emerging Technology Device, including but not limited to, violations of the operational requirements set forth in subsection (j), incidents impacting public safety, public complaints or emergency calls regarding such Testing, any malfunctions or public tampering with a permitted device, or any collisions with street furniture, vehicles, or persons in the public right-of-way.
   (j)   Operational Requirements. The Testing of Emerging Technology Devices shall comply with the following requirements, if applicable, and any additional requirements adopted by the Public Works Director as needed to protect the public health, safety, and welfare. To evaluate whether a permittee has complied with these requirements, Public Works shall seek the review and consultation of any other appropriate City department.
      (1)   Speed limit. Emerging Technology Devices shall not travel more than three miles per hour while on an open public right-of-way.
      (2)   Minimum Accessibility Requirements on Public Right-of-Ways. Emerging Technology Devices shall avoid obstructing the path of travel and shall avoid interfering with the following minimum right-of-way clearance requirements: (A) a six-foot clear path of travel in commercial corridors and four-foot clear path of travel in residential corridors; and (B) a minimum two-foot clearance is required along the curbside when operating adjacent to existing on-street parking. In addition, Emerging Technology Devices shall not block or obstruct an accessible route including, but not limited to, the pedestrian throughway zone (as defined in the San Francisco Better Streets Plan), and building facility entrances, public and private transit stops, passenger loading zones, and accessible on-street parking spaces. Emerging Technology Devices shall move out of an accessible route when a pedestrian is present and shall allow the unencumbered passage of pedestrians within the public right-of-way. Emerging Technology Devices shall not in any way impede or interfere with use of driveways or curb ramps, or access to or egress from buildings, driveways, fire escapes, Fire Department Connections (“FDC”), fire hydrants, street furniture, maintenance holes, public utility valves, or other at-grade access points in the street or sidewalk.
      (3)   Permissible Testing Areas. Permittees shall only be allowed to Test Emerging Technology Devices only on sidewalks or public right-of-ways not used by vehicles that can simultaneously accommodate the Testing of Emerging Technology Devices and paths of travel for persons with disabilities or have an effective sidewalk width of six feet and meet the minimum access requirements on the public-right-of way.
      (4)   Traffic Signals. Emerging Technology Devices shall obey all signs and signals governing vehicular and pedestrian traffic.
      (5)   Hazardous Materials. Emerging Technology Devices may not transport or carry waste or hazardous materials (including flammables or ammunition).
      (6)   Unique Identifier. Each permittee shall place a unique identifier on each Emerging Technology Device that also includes the permittee’s contact information.
      (7)   Insurance Requirements. Each permittee shall obtain and have readily accessible proof of sufficient general liability, automotive liability, and workers’ compensation insurance.
      (8)   Indemnification of City. Each permittee shall agree to indemnify, defend, protect, and hold harmless the City from and against any and all claims of any kind allegedly arising directly or indirectly out of permittee’s Testing of Emerging Technology Devices on City sidewalks and public right-of-ways.
      (9)   Storage or Parking. When any Emerging Technology Devices is not in use for Testing, each permittee shall store or park such Emerging Technology Devices on private property unless otherwise authorized by the Director for good cause.
      (10)   Site Visits. Each permittee shall allow Public Works and any other appropriate City department to attend and observe one or more Testing sessions during the Pilot Term.
   (k)   Public Works’ Report Regarding Pilot Permits. Prior to the expiration of the Pilot Term, Public Works shall provide a “Pilot Permit Performance Report” to the OET Director evaluating the performance of the PW Pilot Project, summarizing the data provided by permittees, and offering findings and recommendations regarding whether, based on the PW Pilot Project, the Emerging Technology Device may be operated safely and feasibly on City sidewalks or public right-of-ways beyond the Pilot Term.
   (l)   Fines and Penalties.
      (1)   Criminal Penalty. Any permittee that violates any of the provisions of this Section 723.5 shall be guilty of an infraction. Every violation determined to be an infraction is punishable by (A) a fine not exceeding $100 for the first violation within one year; (B) a fine not exceeding $200 for a second violation within one year from the date of the first violation; (C) a fine not exceeding $500 for the third and each additional violation within one year from the date of the first violation. No criminal penalty pursuant to this Section 723.5 may be imposed on the employee or staff of any company, corporation, or other business entity that is operating an Emerging Technology Device in violation of this Section 723.5 . A permittee that has been fined for a second or subsequent infraction herein may be authorized to submit a written request for a hardship waiver seeking to reduce the amount of the second or subsequent fine on the grounds that the permittee made a bona fide effort to comply after the first violation and that payment of the full amount of the fine would impose an undue financial burden on the permittee.
      (2)   Civil Penalty.
         (A)   The Public Works Director may request the City Attorney to maintain an action for injunction to restrain or summary abatement to cause the correction or abatement of a violation of this Section 723.5 and for assessment and recovery of a civil penalty and reasonable attorney’s fees for such violation.
         (B)   Any person who violates this Section 723.5 may be liable for a civil penalty, not to exceed $500 for each day such violation is committed or permitted to continue, which penalty shall be assessed and recovered in a civil action brought in the name of the people of the City by the City Attorney in any court of competent jurisdiction. In assessing the amount of the civil penalty, the court may consider any one or more of the relevant circumstances presented by any of the parties to the case, including, but not limited to, the following: the nature and seriousness of the misconduct, the number of violations, the persistence of the misconduct, the length of time over which the misconduct occurred, the willfulness of the defendant’s misconduct, and the defendant’s assets, liabilities, and net worth. The City Attorney may seek recovery of attorney’s fees and costs incurred in bringing a civil action pursuant to this subsection (l)(2).
      (3)   Administrative Fine. In addition to the criminal and civil penalties authorized by subsections (l)(1) and (l)(2), Public Works employees designated in Section 38 of the Police Code may issue administrative citations for such violations. The administrative penalty or fine shall not exceed $1,000 per day for each violation. Administrative penalties shall be assessed, enforced, and collected in accordance with Section 39-1 of the Police Code and administrative fines shall be assessed, enforced, and collected in accordance with Administrative Code Chapter 100, which is incorporated by reference herein.
(Amended by Ord. 291-19, File No. 191033, App. 12/19/2019, Eff. 1/19/2020)
CODIFICATION NOTE
1.   So in Ord. 291-19.
SEC. 724.  TEMPORARY OCCUPANCY OF STREET – PERMITS REQUIRED.
   (a)   Street Space Occupancy Permit. A permit will be required for occupying any part of the street or sidewalk for building construction operations or for any other purpose, and shall be granted only to the owner or lessee of the premises fronting thereon or his or her authorized agent.
      (1)   Material and equipment shall not occupy more than the designated parking lane width and not more than ½ of the official sidewalk width along the boundary of the fronting property unless permission is granted pursuant to Sections 724.7 and 724.8 for temporary occupancy of additional street space. For purposes of this Subsection, material and equipment shall mean only construction material used at the site, construction equipment, vehicles bearing the logo or other identifying information so that the City could verify that it belongs to the contractor or a subcontractor working at the site and refuse containers for construction debris. For purposes of Section 724.1(b), material and equipment also shall include any material or equipment related to the proposed use. For purposes of this Subsection, parking lane width shall not exceed eight feet in width, and if such lane also is designated as a commute lane, such lane may not be occupied unless permission is granted pursuant to Sections 724.7 and 724.8 for temporary occupancy of additional street space.
      (2)   A minimum clearance of four feet must be maintained at all times to accommodate pedestrian path of travel requirements. A minimum clearance of four feet, six inches must be maintained at all times between the materials and equipment and the outer rail of any railroad track. Clearance of materials from fire hydrants, fire alarm boxes and value covers shall be as required by the Fire Department. Clearance of materials from traffic signal controllers and pull boxes shall be as required by the Department of Public Works.
      (3)   All sand, dirt or other materials shall be prevented from being blown or moved to other parts of the street, or from interfering with other property use. The gutters shall not be obstructed.
      (4)   Lights, barriers, barricades, signs, cones, and other devices for pedestrian and traffic safety, and other requirements shall be provided as set forth in Department of Public Works orders or regulations.
      (5)   For purposes of Sections 724et seq., building construction operations shall include all work related to the construction, demolition, maintenance, repair, or replacement of a building.
   (b)   Permit Applications.
      (1)   An applicant for a permit shall submit to the Department a written request for a permit no sooner than 15 days prior to the initiation of the proposed occupation of street space. The permit request shall specify the duration and extent of the proposed occupancy and all other information as set forth in Departmental orders or regulations.
      (2)   A permit applicant also shall request in writing the basis for any proposed modifications to standard permit requirements, such as extended hours of occupancy for the storage of materials and equipment.
      (3)   If the request is to occupy part of the street or sidewalk for building construction operations, in no event may the duration of the proposed occupancy under the street space occupancy permit or any extensions thereof be longer than the Building Code allows for completion of work under the original building or site permit. A decision by the Department of Building Inspection to extend a building or site permit is not binding on the Director of Public Works for purposes of issuing a new street space occupancy permit or extending an existing permit. A new Director's authorization is required pursuant to Section 724(e) for continued occupation of the street or sidewalk space under such circumstances.
      (4)   Any application for a permit in any residential, Urban Mixed Use, PDR-1-D, PDR-1-G, and each named Neighborhood Commercial district as defined in the Planning Code that requests more than one on-street parking space and a permit duration of three months or longer shall include a contractor parking plan. The plan shall include the contractor parking plan information as required in Public Works Code Section 2.4.20(b).
      (5)   The permittee shall mail a courtesy notice within five business days from the start of each phase to all impacted fronting property owners. Said notice shall include information about the number and linear feet of parking spaces that will be impacted and/or removed as well as a 24-hour, seven days per week contact for the project, including name and telephone number. For purposes of this subsection (b)(5), "fronting property owner" shall mean a property owner that owns property along the frontage where on-street parking will be impacted and/or removed. If the fronting property owner is a condominium project, the permittee need only mail the notice to the condominium association and not each individual unit owner.
   (c)   Permit Decisions.
      (1)   The Director of the Department, in his or her discretion, may approve, conditionally approve, or disapprove a street space occupancy permit. When issuing permits, permit modifications, or extending the duration of permits, the Director may impose any conditions consistent with the public health, safety, welfare, and convenience, including, but not limited to, appropriate time, place, and manner restrictions and considerations to minimize neighborhood impacts. If the Director of the Department approves or conditionally approves a permit, said permit shall be issued on a monthly basis with a minimum term of one month and a maximum term of six months. In the absence of special conditions, a permit shall entitle the permittee to occupy the specified street space for a period no longer than 7:00 a.m.-6:00 p.m., seven days a week for the term of the permit.
      (2)   Appeals. The Director's decision on a permit shall be appealable to the Board of Appeals.
   (d)   Permit Modification.
      (1)   On seven days' prior written notice to the Department, a permittee may seek to modify any terms or conditions of an existing valid permit except to extend the duration of a permit pursuant to subsection (e) or to obtain an additional street space occupancy permit pursuant to Sections 724.7 and 724.8.
      (2)   A request for a permit modification shall be accompanied by a $50 processing fee.
   (e)   Permit Extension.
      (1)   No later than 15 days prior to expiration of a permit, a permittee may request in writing that a permit extension be granted to extend the duration of the street space occupancy.
      (2)   In no event may the Director grant an extension of a street space occupancy permit for the purpose of building construction operations without confirmation by the Department of Building Inspection, or other proof to the satisfaction of the Director, that there is ongoing work at the site under an active building or site permit.
      (3)   The Director shall treat a permit extension request like a new permit, and the Director, in his or her discretion, may issue or deny the extension or impose new or modified conditions on the permit extension.
      (4)   The total inclusive duration of one or more extensions of a street space occupancy permit may not exceed 12 months. Any occupation of street or sidewalk space after that time shall require a new permit that is subject to appeal to the Board of Appeals pursuant to Subsection 724(c)(2).
   (f)   Permit Revocation. All street space occupancy permits are revocable at the will of the Director. In addition, when, in the judgment of the Director of Public Works, the public interest or convenience will be served by the removal of the dirt, debris, materials, and equipment, or any portion thereof, from the street or sidewalk space, the Director shall modify, condition, or revoke the permit accordingly.
   (g)   Limit on the Number of Street Space Occupancy Permits and Extensions Issued for the Same Address.
      (1)   In any Residential, Urban Mixed Use, named Neighborhood Commercial, or named Neighborhood Commercial Transit District as defined in the Planning Code, the Director may not grant more than six street space occupancy permits or permit extensions covering a continuous three-year period for the same address. Upon expiration of this three-year period, the Director may not grant a new street space occupancy permit for that same address, or an extension of such a permit for a period of two years thereafter.
      (2)   The time limit specified in subsection (g)(1) is retroactive and applies to permits issued and permit extensions granted prior to the effective date of subsection (g)(1)*, whether or not there is ongoing work at the site under an active building or site permit; provided however, that the Director may grant a one-time extension for a period of time no longer than three months if the permittee demonstrates to the satisfaction of the Director, and the Department of Building Inspection confirms, that a building project at the site will receive its final inspection and sign-off within the extension of time granted.
* Editor's Note:
   Division (g), including its subdivision (g)(1), was added to this section by Ord. 167-16, effective 9/10/2016.
(Amended by Ord. 31-85, App. 1/17/85; Ord. 180-02, File No. 021067, App. 8/29/2002; Ord. 163-15 , File No. 150270, App. 9/23/2015, Eff. 10/23/2015, Oper. 1/21/2016; Ord. 167-16 , File No. 160590, App. 8/11/2016, Eff. 9/10/2016)
SEC. 724.1.  TEMPORARY OCCUPANCY OF STREET – FEES TO BE PAID.
   (a)   No permit shall be issued to a private or public entity for the temporary occupancy of the street for building construction operations unless a fee and public right-of-way occupancy assessment are paid. The fee shall be $15.42, per month, per 20 linear feet, or fraction thereof, occupied as measured parallel with the face of curb. In addition to the fee, the permit applicant shall pay a public right-of-way occupancy assessment of $100.00, per month, per 20 linear feet, or fraction thereof, occupied as measured parallel with the face of curb. For purposes of calculating fees and assessment costs, the Department shall use one-month increments even though the permittee may occupy for less than a one-month term. In instances where a contractor parking plan is required, the applicant shall pay the following non-refundable fees:
      (1)   an administrative fee of $135.00 per permit for Departmental review of the plan, and an additional $55.00 each time the permittee requests a modification to the permit that will impact on street parking unless the permit results in a reduction of the amount of on-street parking that is impacted; and
      (2)   an inspection fee of $446.00 per permit for Departmental inspection regarding implementation of the plan and per modified permit unless the modified permit results in a reduction of the amount of on-street parking that is impacted.
   (b)   For temporary street space occupancy for any purpose other than a building construction operation, the fee shall be $57.62 per day with no assessment cost. Unless specified otherwise, such occupation is subject to all provisions of Sections 724et seq.
   (c)   Nonprofit organizations with tax exempt status under the Internal Revenue Code shall be exempt from payment of the fee where the street occupancy is necessary for the development of low and moderate income housing as defined by the United States Department of Housing and Urban Development.
   (d)   Refund. If a permittee elects to relinquish all or a portion of the occupied street space prior to termination of the permit, the permittee may seek a refund of fees and occupancy assessment from the Department. There shall be no fee charged for a refund request. Refunds shall be issued based only on one-month increments.
   (e)   Fee and Assessment Review. Beginning with fiscal year 2012-2013, the permit fee and street occupancy assessment set forth in this Section may be adjusted each year, without further action by the Board of Supervisors, to reflect changes in the relevant Consumer Price Index, as determined by the Controller. No later than April 15th of each year, the Director shall submit its current fee and occupancy assessment schedule to the Controller, who shall apply the price index adjustment to produce a new fee schedule and occupancy assessment for the following year. No later than May 15th of each year, the Controller shall file a report with the Board of Supervisors reporting the new fee schedule and occupancy assessment and certifying that: (a) the permit fees produce sufficient revenue to support the costs of providing the services for which the permit fee is assessed, and (b) the permit fees do not produce revenue which is significantly more than the costs of providing the services for which each permit fee is assessed. Notwithstanding the above, the Board of Supervisors, in its discretion, may modify the street occupancy assessment at any time.
   (f)   Additional Fees. In instances where administration of this permit program or inspection of a street space occupancy is or will be unusually costly to the Department, the Director, in his or her discretion, may require an applicant or permittee to pay any sum in excess of the amounts charged above. This additional sum shall be sufficient to recover actual costs incurred by the Department and shall be charged on a time and materials basis. The Director also may charge for any time and materials costs incurred by other agencies, boards, commissions, or departments of the City in connection with the administration or inspection of the street space occupancy. Whenever additional fees are charged, the Director, upon request of the applicant or permittee, shall provide in writing the basis for the additional fees and an estimate of the additional fees.
(Amended by Ord. 31-85, App. 1/17/85; Ord. 167-87, App. 5/14/87; Ord. 180-02, File No. 021067, App. 8/29/2002; Ord. 179-05, File No. 050986, App. 7/29/2005; Ord. 197-07, File No. 070811, App. 8/3/2007; Ord. 158-11 , File No. 110709, App. 8/1/2011, Eff. 8/31/2011; Ord. 163-15 , File No. 150270, App. 9/23/2015, Eff. 10/23/2015, Oper. 1/21/2016)
SEC. 724.2.  TEMPORARY OCCUPANCY OF STREET – PERMITTEE TO REPAIR DEFECTS.
   The permittee shall be required to repair all defects in, and to keep in repair, that part of the public right-of-way and associated public infrastructure, including, but not limited to streets, signs and parking meters, for which said permit is issued, which may be or become a hazard to any member of the public lawfully using the same during the time for which said permit shall be issued or upon termination or expiration of said permit. The permittee assumes this responsibility regardless of the cause of said defects and whether said defects develop while said permit is in effect. It shall be presumed that all defects were caused by the permittee unless the permittee can demonstrate otherwise to the satisfaction of the Director.
(Amended by Ord. 31-85, App. 1/17/85; Ord. 447-87, App. 11/12/87; Ord. 180-02, File No. 021067, App. 8/29/2002)
SEC. 724.3.  PLACARDS AND SIGNS.
   (a)   Placards. A permittee shall display a placard at the site subject to a street space occupancy permit. The placard shall be mounted on the exterior of the fronting property, or where the site is vacant or it is impractical to mount the placard on the fronting property, the permittee may attach the placard on a post, pole, wall, or other object. A permittee shall mount the placard in a location where members of the public can easily read the required information but cannot tamper with the placard. The permittee shall mount the placard 72 hours in advance of the occupancy authorized in the permit, shall keep the placard posted for the entire term of the permit, and shall remove it immediately upon termination of the permit. All information contained on the placard shall be legible. The placard shall contain the following information: name of the permittee, a telephone number where the permittee can be reached during the hours of the permit, the duration of the permit including start and stop dates and hours of use, a geographic description of the street space occupied under the permit, the permit number, and the Department's street space hotline telephone number. The Department shall provide a placard to each permittee. It shall be the responsibility of the permittee to insert the required information, mount the placard, and ensure proper maintenance of the placard. If any required information on a placard must be modified, the permittee shall obtain a new placard rather than change the information on the existing placard. If the Director follows the procedures set forth in Section 724.4(b), he or she may waive or modify the provisions of this subsection as they pertain to a particular type of permitted activities.
   (b)   Signs. Signs shall be posted every 20 linear feet of occupied space with at least one sign at each end of the occupied space. Signs shall contain the following information: the effective dates and times of the permit; the permit number; the Department of Public Works' street space hotline telephone number; and notice that if the Public Works Code requires an on-site placard, additional information about the permit may be found on the placard. The permittee shall post signs 72 hours in advance of the occupancy authorized in the permit and remove such signs upon termination of the permit. A permittee must maintain signs during the entire term of occupancy and during the hours specified in the permit. If any information required on a sign must be modified, the permittee shall install new signs rather than change the information on the existing sign. If signs are removed, modified, or altered in any way, it shall be the permittee's responsibility to install new signs containing the required information.
   (c)   Good Neighbor Policy. Notwithstanding the above, if a permittee does not require use of the permit area for all hours covered by the permit, the permittee shall allow members of the public to park vehicles in legal parking spaces. Rules governing the good neighbor policy shall be developed pursuant to Section 724.4(b).
(Amended by Ord. 31-85, App. 1/17/85; Ord. 401-87, App. 9/25/87; Ord. 180-02, File No. 021067, App. 8/29/2002; Ord. 77-03, File No. 021854, App. 5/2/2003)
SEC. 724.4.  CONSTRUCTION AND DEMOLITION SITES; DEPARTMENTAL ORDERS AND REGULATIONS.
   (a)   All construction or demolition contractors shall be responsible for maintaining their work-sites in a reasonably clean and litter-free condition, including the removal of all refuse blown or deposited upon the site. The contractor shall provide a sufficient number of refuse receptacles or bulk containers for the disposal of loose debris, building material waste, and other refuse produced by those working on the site and shall maintain the site in such a manner as to prevent its dispersal by the wind or other elements. The sidewalks and streets shall be maintained in a clean manner and free from dirt or other materials produced by the demolition or construction.
   (b)   In addition to the requirements set forth in this Section, the Director may adopt such orders, policies, regulations, rules, or standard plans and specifications as he or she deems necessary in order to preserve and maintain the public health, safety, welfare, and convenience. Such orders, policies, regulations, or rules may include, but are not limited to, permit application materials, placement of placards and signs, implementation of the good neighbor policy, site conditions, accessibility of sidewalks and streets. When such orders, policies, regulations or rules will affect the operations and enforcement of the Municipal Transportation Agency, the Director of the Department of Public Works shall consult with and provide an opportunity to comment to the Municipal Transportation Agency prior to adoption of such orders, policies, regulations, or rules.
(Amended by Ord. 499-77, App. 11/4/77; Ord. 180-02, File No. 021067, App. 8/29/2002; Ord. 287-08, File No. 081340, App. 12/5/2008)
SEC. 724.5.  EXCEEDING PERMISSIBLE USE OR OCCUPATION WITHOUT PERMISSION – PENALTY FEE AND CRIMINAL PENALTY.
   (a)   If the Director of Public Works determines that the permittee has exceeded the scope of the temporary street occupancy permit, either in terms of duration or area, or determines any other violation of the permit terms or conditions has occurred, the Director of Public Works shall order the permittee to correct the violation within a specified time period. If any person has occupied public right-of-way without permission for purposes of building construction operation or for any other purpose, the Director shall immediately order the violator to vacate the occupied area. Should the violation not be corrected as ordered or in the case of occupation without a permit, the permittee or person shall pay a penalty fee of up to $1,000 per day for each day of violation. Failure to pay any fee assessed under these provisions shall constitute good cause for immediate revocation of the temporary street occupancy permit or removal of unpermitted obstructions, and the project property shall be subject to a lien in the same amount, in accordance with the requirements of Article XX of Chapter 10 of the San Francisco Administrative Code, commencing with Section 10.230.
   (b)   Criminal Penalty.
      (1)   Any person who shall violate any of the provisions of this Section shall be guilty of an infraction at each location where such violation occurs. Every violation determined to be an infraction is punishable by (1) a fine not exceeding $100 for the first violation within one year; (2) a fine not exceeding $200 for a second violation within one year from the date of the first violation; (3) a fine not exceeding $500 for the third and each additional violation within one year from the date of the first violation.
      (2)   When a government official authorized to enforce this Section has reasonable cause to believe that any person has committed an infraction in the official's presence that is a violation of this Section, the official may issue a citation to that person pursuant to California Penal Code, Part II, Title 3, Chapters 5, 5C, and 5D.
   (c)   Administrative Penalty. In the alternative to the criminal penalty authorized by Subsection (b) of this Section for violations of Section 724.4(a), Department of Public Works officials designated in Section 38 of the Police Code may issue administrative citations for violations of Section 724(a). The administrative penalty shall not exceed $300 for each violation. Such penalty shall be assessed, enforced and collected in accordance with Section 39-1 of the Police Code.
(Added by Ord. 31-85, App. 1/17/85; amended by Ord. 166-87, App. 5/14/87; Ord. 322-00, File No. 001917, App. 12/28/2000; Ord. 180-02, File No. 021067, App. 8/29/2002; Ord. 87-03, File No. 030482, App. 5/9/2003)
SEC. 724.6.  UNPAID FEES AND FAILURE TO RESTORE PAVEMENT; WILFUL NONCOMPLIANCE.
   The Central Permit Bureau shall not issue a Certificate of Final or Temporary Completion and Occupancy for any project for which temporary street occupancy applications, permit fees or penalty fees are outstanding, or for which any required pavement or sidewalk restoration has not been satisfactorily completed. In addition, a person who is in wilful noncompliance with this Section shall not apply for nor be issued a new street space occupancy permit unless the Director, by written authorization, grants a waiver to this prohibition. Wilful noncompliance shall include, without limitation, deliberate acts that result in failure to: (a) satisfy any requirements, terms, or conditions of this Section, or the orders, policies, regulations, rules, or standard plans and specifications of the Department or (b) pay any outstanding assessments, fees, penalties set forth in this Section that have been finally determined by the City or a court of competent jurisdiction.
(Added by Ord. 31-85, App. 1/17/85; amended by Ord. 180-02, File No. 021067, App. 8/29/2002)
SEC. 724.7.  TEMPORARY OCCUPANCY OF STREET – ADDITIONAL PERMIT REQUIRED.
   (a)   Any person seeking to close off more than the designated parking lane width, as established in Section 724, and more than ½ of the official sidewalk width along the boundary of the fronting property must apply for an additional temporary street occupancy permit as provided for herein. A revocable permit for additional temporary street occupancy shall not be issued unless an application therefor is made to the Director of Public Works, and a fee and a public right-of-way assessment cost, as set forth in Section 724.8, are paid. The content of applications shall be in accordance with the policies, rules and regulations of the Director of Public Works. All applications shall be on forms prescribed therefor and shall contain or be accompanied by all information required to assure the presentation of pertinent facts for proper consideration of the case. The application shall include both a reasonable estimate of the duration of construction, and an explanation of why an additional temporary street occupancy permit of the particular dimensions requested is necessary and shall be accompanied by a nonrefundable additional permit application fee of $353. Requests for extensions of the original term shall be treated as new applications except that the application fee shall be $200.
   (b)   No additional temporary street occupancy permit shall have a term of more than six months nor less than one month from the date of issuance. At the end of the original term or of any subsequent extension, the permittee may apply to the Director of Public Works for an extension not to exceed six months in duration. The Director of Public Works, in his or her discretion, may approve, conditionally approve, or disapprove the request for an extension. Said decision will be appealable to the Board of Appeals.
   (c)   Applicants for additional street space shall make a written request for such permit no sooner than 30 days prior to initiation of the proposed occupation of additional street space.
   (d)   Notwithstanding the time period for occupancy and permit requests specified above, an additional street space permit may be obtained on a daily basis, but in no case shall such occupancy extend beyond a 2-week term. The fee for such daily permits shall be $50 per day with no assessment cost. An applicant shall make a written request for such daily permit no sooner than 3 days prior to initiation of the proposed occupation of additional street space.
   (e)   Unless otherwise specified, all provisions of Sections 724et seq. shall be applicable to additional street space occupancy.
(Added by Ord. 31-85, App. 1/17/85; amended by Ord. 166-87, App. 5/14/87; Ord. 180-02, File No. 021067, App. 8/29/2002)
SEC. 724.8.  ASSESSMENT COSTS FOR ADDITIONAL STREET SPACE.
   An additional public right-of-way assessment cost shall be paid upon the issuance of such additional temporary street occupancy permit. The assessment cost shall be as follows: (a) for a building in Planning Code height district of 80 feet or less, the cost shall be $4 per additional square foot of occupation per month and (b) for a building in Planning Code height district of greater than 80 feet, the cost shall be $10 per additional square foot of occupation per month. For purposes of calculating the assessment costs, the Department shall use one-month increments even though the permittee may occupy for less than a one-month term. For the purpose of calculating the assessment cost, requests for extensions of permits shall be treated as new applications.
(Added by Ord. 31-85, App. 1/17/85; amended by Ord. 180-02, File No. 021067, App. 8/29/2002)
SEC. 724.9.  TEMPORARY OCCUPANCY OF STREET – PERMITTEE TO DEFEND AND INDEMNIFY CITY AND COUNTY.
   (a)   The permittee, or its successors or assigns in interest, by acceptance of the permit agrees to indemnify, defend, protect, and hold harmless the City, including, without limitation, each of its commissions, departments, officers, agents, and employees (hereinafter in this subsection collectively referred to as "San Francisco") from and against any and all actions, claims, costs, damages, demands, expense, fines, injuries, judgments, liabilities, losses, penalties, or suits including, without limitation, attorneys' fees and costs (collectively, "claims") of any kind allegedly arising directly or indirectly from:
      (1)   Any act by, omission by, or negligence of the permittee, its contractors, subcontractors, or the officers, agents, or employees such entities, while engaged in the performance of the work authorized by the permit, or while in or about the property subject to the permit for any reason connected in anyway whatsoever with the performance of the work authorized by the permit, or allegedly resulting directly or indirectly from the maintenance, installation, or storage of any materials, equipment, or structures authorized under the permit;
      (2)   Any accident, damage, death, or injury to any contractor or subcontractor, or any officer, agent or employee of either of them, while engaged in the performance of the work authorized by the permit, or while in or about the property for any reason connected with the performance of the work authorized by the permit, or arising from liens or claims for services rendered or labor or materials furnished in or for the performance of the work authorized by the permit;
      (3)   Any accident, damage, death, or injury to any person(s) or accident, damage, or injury to any real or personal property in, upon, or in any way allegedly connected with the work authorized by t