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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.
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)
(a) It shall be unlawful for any person, firm or corporation, without permission from the Department of Public Works (“the Department”), to pile, cap, or otherwise obstruct or place obstructions or encroachments 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. The placement of any obstructions or encroachments upon, above, or below any public right-of-way shall comply with all applicable provisions of federal, State, and local disability and accessibility laws.
(b) Any violation of this Section 723, or any violation of any encroachment permit issued by or right-of-way authorization granted by the Department of Public Works, 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.
(a) Neighborhood Amenities. The neighborhood amenities described in this Section 723.1, which are intended to facilitate residents’ and civic organizations’ promotion of neighborhood love, pride, and enjoyment, shall be permitted according to Section 723.2 or Section 786 based on the requirements and approvals in Section 723.1(c).
(b) Definitions.
“Decorative Street Light” means a pedestrian-scale street light installed upon a sidewalk.
“Department” means the Department of Public Works.
“Front Yard Bench” means a seat that can accommodate more than one person that complies with the requirements set forth in the Department’s regulations.
“Front Yard Planter” means an enclosed vessel used and maintained regularly for planting vegetation that complies with the dimensional and sidewalk clearance and other requirements of Public Works Orders regarding planters including but not limited to Department of Public Works Order 179,231 titled “ESTABLISHING GUIDELINES FOR THE PLACEMENT OF SIDEWALK LANDSCAPE CONTAINERS ON THE SIDEWALK THAT ARE LESS THAN 36 INCHES IN HEIGHT,” as the Department may modify from time to time.
“Mural” means a picture or design painted on or affixed to a sidewalk or a picture, design, or two-dimensional artwork painted on or affixed to an existing City-owned bridge, retaining wall, or stairway (only allowed on the riser portion) within the jurisdiction of the Department. No Mural may contain or constitute advertising of any kind.
“Neighborhood String Lighting” means wired decorative lighting, which the Department has determined to be safe for outdoor use and capable of being suspended without a supporting span wire, that is suspended over public right-of-way within the Department’s jurisdiction, on which motor vehicles are not permitted, and adjacent to one or more building address(es) for a duration not to exceed the maximum duration set forth in the Department’s regulations and at a height allowable under the Department’s regulations. Neighborhood String Lighting does not include any lighting that is placed on or which extends over a roadway on which motor vehicles are permitted.
“Sidewalk Library” means an enclosed bookshelf that complies with the dimensional requirements set forth in the Department’s regulations, is mounted on a post placed in the sidewalk, and is used for the noncommercial purpose of displaying and sharing books with the public.
“Tier 1 Love Our Neighborhoods Project” or “Tier 1 Project” means any of the following amenities installed, attached, constructed, placed, or otherwise caused to be located on a sidewalk within the jurisdiction of the Department: a Front Yard Bench, a Sidewalk Library, or a Front Yard Planter.
“Tier 2 Love Our Neighborhoods Project” or “Tier 2 Project” means a Mural, a commemorative plaque that is being installed according to the requirements of Public Works Code Section 789 et seq., minor landscape infrastructure, a project consisting solely of maintenance of dedicated public right-of-way amenities within the Department’s jurisdiction, or Neighborhood String Lighting. The preceding project categories shall have the meanings defined in the Public Works Code and/or the Department’s orders and regulations. To qualify as a Tier 2 Project, the permit applicant must be a nonprofit organization, a community benefits district, a merchants association, or an established community-based organization.
“Tier 3 Love Our Neighborhoods Project” or “Tier 3 Project” means any of the following amenities installed, attached, constructed, placed, or otherwise caused to be located on or over a sidewalk or other public right-of-way within the jurisdiction of the Department in accordance with Public Works Code Sections 786 through 786.9: a sculpture, a newly constructed or structurally modified stairway, a fog catcher, major landscape infrastructure, a newly constructed retaining wall or structure, stringed lighting suspended across a roadway in a commercial corridor, Decorative Street Lights, or a project comprised of a combination of Tier 1, Tier 2, and Tier 3 Projects. The preceding project categories shall have the meanings defined in the Public Works Code and/or the Department’s orders and regulations. To qualify as a Tier 3 Project, the permit applicant must be a nonprofit organization, a community benefit district, a merchants association, or an established community-based organization.
(c) Requirements and Approvals.
(1) Tier 1 Love Our Neighborhoods Projects. Tier 1 Projects may be authorized according to the registration and compliance requirements in Section 723.2(b)(2) and the applicable Department orders and regulations. The Director or the Director’s designee, in their discretion, shall determine whether a project constitutes a Tier 1 Project.
(2) Tier 2 Love Our Neighborhoods Projects. Tier 2 Projects may be permitted according to the permit application and compliance requirements in Section 723.2(b)(3) and the applicable Department orders and regulations. The Director or the Director’s designee, in their discretion, shall determine whether a project constitutes a Tier 2 Project.
(3) Tier 3 Love Our Neighborhoods Projects. Tier 3 Projects may be permitted according to the permit application and compliance requirements in Section 786 and the applicable Department orders and regulations. The Director or the Director’s designee, in their discretion, shall determine whether a project constitutes a Tier 3 Project.
(Amended by Ord. 391-81, App. 7/3/81; Ord. 401-87, App. 9/25/87; Ord. 252-23, File No. 230768, App. 12/19/2023, Eff. 1/19/2024)
New Ordinance NoticePublisher's Note: This section has been AMENDED by new legislation (Ord. 22-25
, approved 3/7/2025, effective 4/7/2025). The text of the amendment will be incorporated under the new section number when the amending legislation is operative.
(a) Minor Encroachments. The Director of of1
the Department of Public Works (“Department”) may grant permission, revocable at the Director’s will will1
in accordance with subsection (f), 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, sidewalk (pipe) barriers to control illegal vehicular parking or driving in sidewalk and public right-of-way areas, 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. Tier 1 Projects and Tier 2 Projects, as defined in Section 723.1(a), are minor encroachments subject to the requirements of Section 723.2.
(b) Requirements and Conditions.
(1) General. Minor encroachments shall not occupy more than 10% of the area of the sidewalk fronting the property nor more than 25% of the width of the sidewalk (together, “Dimensional Requirements”), unless the Director determines that such restrictions are not applicable due to the nature of the encroachment. The Director shall impose requirements and conditions as 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-way, and public property (“Conditions of Approval”)..1
Conditions of Approval may include but are not limited to periodic inspection, maintenance, and repair requirements. To memorialize the Conditions of Approval, the Director may require the permittee to enter into a written agreement that is recorded in the Office of the Assessor-Recorder. No advertisement shall be permitted on the encroachments.
(2) Tier 1 Love Our Neighborhoods Projects.
(i) Registration Requirement. The owner of real property, or the owner’s authorized agent, shall not be required to obtain a permit prior to the placement of the Tier 1 Project, as defined in Section 723.1, in the sidewalk adjacent to the owner’s real property provided that the sidewalk is within the Department’s jurisdiction, the Tier 1 Project satisfies all of the applicable requirements for the Tier 1 Project as set forth in the Department’s regulations, and the owner registers the Tier 1 Project with the Department in a manner prescribed by the Department. Upon the owner’s registration of the Tier 1 Project and acknowledgment of the owner’s liability for any injury or Claims, as defined in Section 723.2(e)(1), caused by the Tier 1 Project, the Tier 1 Project shall be presumed to be authorized to be placed on the sidewalk within the Department’s jurisdiction as long as the sidewalk preserves the greater of a minimum path of travel of four feet after the installation or placement of the Tier 1 Project or, with respect to sidewalks that are a minimum of twelve feet wide, a minimum path of travel of six feet after the installation or placement of the Tier 1 Project.
(ii) Conditional Exemptions from Certain Requirements. The owner of real property adjacent to a properly registered Tier 1 Project shall not be required to obtain a permit, pay the permit fee and right-of-way occupancy fee set forth in Section 2.1.1(l), or furnish evidence of an insurance policy set forth in subsection (e)(2) for the Tier 1 Project at the time of registration and may install or place the encroachment upon the sidewalk following registration.
(iii) Safety Inspection. Any person may submit in writing, accompanied by any pertinent documentary information or photographs, a request that the Department perform a safety inspection of a Tier 1 Project at a specified street address due to concerns that the encroachment fails to comply with an applicable requirement or such encroachment poses a threat to public health, safety, or welfare. The Department, in its sole discretion, may elect to perform an inspection of the encroachment, and the Director may require that the owner of the real property adjacent to the encroachment modify or remove the encroachment for the purposes of public safety, health, or welfare. In addition, if the Director allows the encroachment to remain in place, the Director may require the owner of the real property adjacent to the encroachment to record in the office of the Assessor-Recorder the owner’s acknowledgment of the owner’s liability for any injury or Claims, as defined in Section 723.2(e)(1), caused by the Tier 1 Project.
(i) Minor Encroachment Permits Required. Tier 2 Projects shall be required to obtain a minor encroachment permit as provided in this Section 723.2. Prior to submitting a minor encroachment permit application for a Tier 2 Project, the permit applicant must obtain all necessary approvals from City departments and agencies including but not limited to the Arts Commission and the Civic Design Review Committee, as may be applicable.
(ii) Neighborhood Notice for Murals; Compliance With Department Specifications. A permit applicant proposing a Mural shall submit a signed declaration identifying the steward of the Mural who will be responsible for maintaining, repairing, and removing the Mural for a period of five years. In addition, the permit applicant shall provide mailed notice of the application to the owner or owners of record of all units of real property within 250 feet of the proposed location of the Mural. All Murals shall comply with all requirements and specifications determined by the Department including but not limited to requirements pertaining to slip resistance, dimensions, durability, and removability of media and materials.
(4) Sidewalk (Pipe) 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 sidewalk (pipe) barriers, also referred to as bollards, 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. Before the issuance of a permit for sidewalk (pipe) barriers, the applicant shall be required to pay to the Department, as an inspection fee, the sum of $100 for each 25 feet, or fractional part thereof, of the sidewalk frontage of the property.
(c) Permit Issuance. In considering the issuance of permits under this Section 723.2, the Director shall give due regard to the location, neighborhood pattern, anticipated pedestrian traffic, and 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. Permits for Murals shall be valid for up to five years, subject to the Director’s discretion to grant successive five-year extensions to a permittee that has complied with the conditions of their permit. A permit for a Mural on a stairway shall only allow the Mural to be painted or affixed to the riser portion of the stairway.
(d) Liability for Minor Encroachments.
(1) Adjacent Property Owners. Other than with respect to a Mural, Neighborhood String Lighting, or a commemorative plaque for which the Department has issued a Tier 2 Permit to a steward who is not the owner of the real property adjacent to the Tier 2 Project, the owner of real property adjacent to a minor encroachment shall be solely and fully liable for any injury or Claims resulting from the minor encroachment, shall bear all costs of such injury or Claims, shall pay all costs incurred by the City for any review and inspections of the encroachment, and, if ordered by the Department to do so, and shall be required to modify and/or remove the minor encroachment and restore the sidewalk or other public right-of-way to a condition acceptable to the Director in the Director’s sole discretion.
(2) Stewards. For Murals, Neighborhood String Lighting, and commemorative plaques, the steward identified in the Tier 2 Project permit shall be solely and fully liable for any injury or Claims, as defined in Section 723.2(e), resulting from the Mural, Neighborhood String Lighting, or commemorative plaque, as applicable, and the steward shall bear all costs of such injury or Claims, shall pay all costs incurred by the City for any review and inspections of the Mural or commemorative plaque, and, if ordered by the Department to do so, shall be required to modify and/or remove the Mural, Neighborhood String Lighting, or commemorative plaque and shall restore the sidewalk or other public right-of-way to a condition acceptable to the Director in the Director’s sole discretion.
(e) Indemnification, Security, and Insurance Requirements.
(1) For minor encroachment permits issued and Tier 1 Projects registered pursuant to Section 723.2, the The1
owner of the real property or the owner’s authorized agent applying for a permit or registering a Tier 1 Project under the provisions of Section 723.2 shall agree to hold harmless, defend, and indemnify the City and County of San Francisco, including, without limitation, each of its commissions, departments, officers, agents, and employees, from and against all losses, liabilities, expenses, actions, claims, demands, injuries, damages, fines, penalties, suits, costs, or judgments, including, without limitation, attorneys’ fees and costs (collectively, “Claims”), caused by reason of the installation or maintenance of the encroachment in the public right-of-way, and the owner or owners or subsequent owner or owners of the respective real property shall be solely liable for any Claims occasioned by any act or neglect in respect to the installation or maintenance of the encroachments in the sidewalk.
(2) The Director may require the recipient of a minor encroachment permit or the owner of real property with an authorized minor encroachment to furnish a bond, or other form of security that is acceptable to the Director, in an amount required to complete the installation of the encroachment remove the encroachments, and restore the public right-of-way to a condition satisfactory to the Director based on a cost that the City Engineer determines. The permittee shall provide evidence to the Department that the bond or other security is operative on an annual basis.
(3) For an encroachment with construction costs equal to or greater than $50,000, the Director may require the recipient of a minor encroachment permit or the owner of real property adjacent to an authorized Tier 1 Project to furnish evidence of an insurance policy that is satisfactory to the City’s Risk Manager. Such insurance shall in no way relieve or decrease a permittee’s or its agents’ obligation to indemnify the City under this subsection (d).
(f) Recordation. Each permit issued under the provisions of this Section 723.2 shall not become effective until the permit has been signed by the permittee or the permittee’s authorized agent and, where the permittee owns the property adjacent to the encroachment, a copy thereof has been recorded in the office of the Assessor-Recorder. The Department, in the Department’s sole authority, may require the owner of the real property adjacent to a Tier 1 Project who is the registrant of the Tier 1 Project to record in the office of the Assessor-Recorder the owner’s acknowledgment of the owner’s liability for any injury or Claims, as defined in Section 723.2(e)(1), caused by the Tier 1 Project.
(g) Revocation.
(1) The Director is authorized to initiate proceedings to revoke the permit or authorization of a minor encroachment upon the Director’s determination that a permittee, steward, or owner of real property adjacent to the minor encroachment has failed to comply with the any of the Conditions of Approval; that a minor encroachment, whether or not it is associated with an issued permit, poses a threat to public safety, health, or welfare; or that all or a portion of the public right-of-way on which a minor encroachment is located is required for a different public purpose. To initiate revocation proceedings, the Director shall provide the permittee, the adjacent property owner, and the steward, if applicable, with written notification of the time and date of a public hearing to consider the grounds for revoking, modifying, or suspending the minor encroachment permit or, as may be applicable, the City’s authorization of an encroachment without issuance of a permit. This notification may include requirements that would apply to restoration of the public right-of-way as set forth in Section 723.2(g)(2). Following the public hearing, the Director may issue an order revoking or modifying the minor encroachment permit and/or authorization of a minor encroachment 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 minor encroachment permit or authorization of a minor encroachment pending a final decision to revoke or modify the minor encroachment permit or authorization of a minor encroachment. The Director’s modification, revocation, or suspension of a minor encroachment permit or authorization of a minor encroachment may be appealed under subsection (g).
(2) Following the revocation of a minor encroachment permit or authorization of a minor encroachment, the former permittee, the owner of real property formerly authorized to place a Tier 1 Project on the sidewalk adjacent to the owner’s real property, or the steward, as may be applicable, shall restore the public right-of-way to a condition satisfactory to the Director at the sole and absolute expense of the former permittee, the owner of real property formerly authorized to place a Tier 1 Project on the sidewalk adjacent to the owner’s real property, or the steward, as may be applicable.
(h) Appeals. Within 15 days following the Director’s approval, denial, or revocation of a minor encroachment permit or revocation of the authorization of a minor encroachment, any person may file a notice of appeal as follows:
(1) Appeals of the revocation of the authorization of a minor encroachment or the revocation or denial of a permit issued by the Director for 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 Appeals.
(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 their 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.
(i) 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.
(j) Pending decision by the Board of Supervisors, the Board of Appeals, or the Building Inspection Commission, the Director’s decision to approve, deny, or revoke a minor encroachment permit or to revoke the authorization of a minor encroachment shall be suspended.
(l) Nothing in this Section 723.2 shall be construed as authorizing the Director to grant a permit for any encroachment which the Director 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 or laws of the State of California.
(m) 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 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.
(1) In accordance with this subsection (n) the public right-of-way occupancy assessment fee for minor encroachments, whether permitted or unpermitted and as specified in subsection (n)(2), shall be an annual fee of $3 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 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 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 (n)(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 (n)(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 (n)(2)(A) shall not apply to a building that has been converted from a commercial, industrial, or mixed-use building into a 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 (n)(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 (n)(2), the term “site permit” also shall mean “building permit.”
(4) Notwithstanding subsection (n)(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 for the sole purpose of conforming with an applicable Municipal Code requirement; provided, however that this exception shall not apply if the encroachment is a sub-sidewalk basement. For purposes of this subsection (n)(4), 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 (n)(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 (n)(2), if a minor 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 set forth in Sections 2.1.1 et 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 (n), the public right-of-way assessment fee for underground vaults shall be as specified in Section 2.1.1 et seq.
(10) Notwithstanding subsection (n)(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 (n)(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.
(12) Notwithstanding subsection (n)(2), no public right-of-way occupancy assessment fee shall be charged for a Tier 1, Tier 2, or Tier 3 Project.
(o) Notwithstanding the fees specified in this Section 723.2, 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 2.1.1 et seq. that is related to such retrofit work.
(p) The Director may issue regulations setting forth standard design, safety, and operating requirements for minor encroachment permits (“Regulations”) consistent with the Public Works Code. The Director may, in the Director’s discretion, require an encroachment agreement that provides additional detail on the permittee’s rights and obligations under a minor encroachment permit, including maintenance of the encroachment, and establishes the regulatory relationship between Public Works and the permittee for implementation of the permit.
(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; Ord. 252-23, File No. 230768, App. 12/19/2023, Eff. 1/19/2024)
CODIFICATION NOTE
1. So in Ord. 252-23.
(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)
(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
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