(a) No permit shall be issued to a private or public entity for the temporary occupancy of the street for building construction operations unless a fee and public right-of-way occupancy assessment are paid. The fee shall be $26.11, per month, per 20 linear feet, or fraction thereof, occupied as measured parallel with the face of curb. In addition to the fee, the permit applicant shall pay a public right-of-way occupancy assessment of $173.26, per month, per 20 linear feet, or fraction thereof, occupied as measured parallel with the face of curb. For purposes of calculating fees and assessment costs, the Department shall use one-month increments even though the permittee may occupy for less than a one-month term. In instances where a contractor parking plan is required, the applicant shall pay the following non-refundable fees:
(1) an administrative fee of $135 per permit for Departmental review of the plan, and an additional $55 each time the permittee requests a modification to the permit that will impact on street parking unless the permit results in a reduction of the amount of on-street parking that is impacted; and
(2) an inspection fee of $446 per permit for Departmental inspection regarding implementation of the plan and per modified permit unless the modified permit results in a reduction of the amount of on-street parking that is impacted.
(b) For temporary street space occupancy for any purpose other than a building construction operation, the fee shall be $95.48 per day with no assessment cost. Unless specified otherwise, such occupation is subject to all provisions of Sections 724 et seq.
(c) Nonprofit organizations with tax exempt status under the Internal Revenue Code shall be exempt from payment of the fee where the street occupancy is necessary for the development of low- and moderate-income1
moderate income housing as defined by the United States Department of Housing and Urban Development.
(d) Refund. If a permittee elects to relinquish all or a portion of the occupied street space prior to termination of the permit, the permittee may seek a refund of fees and occupancy assessment from the Department. There shall be no fee charged for a refund request. Refunds shall be issued based only on one-month increments.
(e) Fee and Assessment Review. Beginning with fiscal year 2012-2013, the permit fee and street occupancy assessment set forth in this Section 724.1 may be adjusted each year, without further action by the Board of Supervisors, to reflect changes in the relevant Consumer Price Index, as determined by the Controller. No later than April 15 of each year, the Director shall submit the current fee and occupancy assessment schedule to the Controller, who shall apply the price index adjustment to produce a new fee schedule and occupancy assessment for the following year. No later than May 15 of each year, the Controller shall file a report with the Board of Supervisors reporting the new fee schedule and occupancy assessment and certifying that: (a) the permit fees produce sufficient revenue to support the costs of providing the services for which the permit fee is assessed, and (b) the permit fees do not produce revenue which is significantly more than the costs of providing the services for which each permit fee is assessed. Notwithstanding the above, the Board of Supervisors, in its discretion, may modify the street occupancy assessment at any time.
(f) Additional Fees. In instances where administration of this permit program or inspection of a street space occupancy is or will be unusually costly to the Department, the Director, in the Director’s discretion, may require an applicant or permittee to pay any sum in excess of the amounts charged above. This additional sum shall be sufficient to recover actual costs incurred by the Department and shall be charged on a time and materials basis. The Director also may charge for any time and materials costs incurred by other agencies, boards, commissions, or departments of the City in connection with the administration or inspection of the street space occupancy. Whenever additional fees are charged, the Director, upon request of the applicant or permittee, shall provide in writing the basis for the additional fees and an estimate of the additional fees.
(Amended by Ord. 31-85, App. 1/17/85; Ord. 167-87, App. 5/14/87; Ord. 180-02, File No. 021067, App. 8/29/2002; Ord. 179-05, File No. 050986, App. 7/29/2005; Ord. 197-07, File No. 070811, App. 8/3/2007; Ord. 158-11
, File No. 110709, App. 8/1/2011, Eff. 8/31/2011; Ord. 163-15
, File No. 150270, App. 9/23/2015, Eff. 10/23/2015, Oper. 1/21/2016; Ord. 196-24, File No. 240601, App. 7/31/2024, Eff. 8/31/2024)
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