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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)
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)
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)
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)
(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.
(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)
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.
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