Loading...
(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)
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)
Loading...