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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)
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)
(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)
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.
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.
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)
As an alternative to the lien procedure described in Sections 706.4 through 706.8 et 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)
(a) In the Pier 70 Special Use District established by Planning Code Section 249.79, the term “owner” as used in Sections 706 through 706.9 shall mean, as applicable, either: (i) the fee owner 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 (as applicable, the “Pier 70 Adjacent Lot(s)”); or (ii) the lessee of a Pier 70 Adjacent Lot under a Pier 70 Long-Term Lease during the term of the applicable Pier 70 Long-Term Lease. For purposes of Section 706.10(a), the term “Pier 70 Long-Term Lease” shall mean a recorded lease between the Port of San Francisco as lessor and the applicable lessee that has a lease term of 35 years or more, including any Pier 70 Long-Term Lease with a lease term of 35 years or more that began prior to the effective date of the ordinance in Clerk of the Board of Supervisors File No. 240087. During the term of the applicable Pier 70 Long-Term Lease for any Pier 70 Adjacent Lot, the Port of San Francisco shall not be characterized as the fee owner under this Section 706.10.
(b) The Directors of the Port of San Francisco and Department of Public Works shall establish procedures to implement this Section 706.10.
(Added by Ord. 66-24, File No. 240087, App. 4/4/2024, Eff. 5/5/2024)
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