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(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.
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.
(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)
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.
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.
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.
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