SEC. 103.1. SIDE SEWER REPAIR.

   When the Department of Public Works determines that a repair must be made to a side sewer located in a public roadway or property, or connected to a sewer main located in an easement on private property, the repair shall be made by the Department of Public Works.

   In the case of a side sewer in a public roadway the Department of Public Works shall be responsible only for that section extending from the side curb or curb line to the sewer main connection. In the case of a side sewer connected to a sewer main on City property or in a City easement on private property, the section of the side sewer subject to such repair shall extend from the nearest property line of the benefited property to the connection with the sewer main.

   In the event the condition of a side sewer cannot be determined due to the lack of an appropriate vent or vented trap the Department of Public Works shall require the owner or owners to install such a vent or vented trap before making any repair under this Section.

   The Department of Public Works shall include a provision in the annual budget to cover the estimated costs of making repairs to side sewers as set forth herein in lieu of all fees or deposits as required by Sections 108 and 109 of this Article.

   This Section shall not be applicable to private sewers and utility drains as defined in Section 102 and referred to in Section 103 hereof.

(Amended by Ord. 439-82, App. 9/3/82)

SEC. 104. DIRECTOR TO ABATE NUISANCE OR HAZARD.

   Notwithstanding any other provisions of the San Francisco Municipal Code it shall be the duty of the Director to cause the abatement of a nuisance or hazard as provided in this Section.

   (a)   When the source of a nuisance or hazard is in or on private property the Director shall direct the Superintendent of the Bureau of Building Inspection to abate the source of such nuisance or hazard in accordance with the provisions of Part II, Chapter VII of the San Francisco Municipal Code (Plumbing Code). The Director shall also notify the Director of Public Health of any such nuisance. The Director shall also abate any such hazard by work in or on public property in accordance with the provisions of Section 104(b) for other sources.

   (b)   When the source of a nuisance or hazard is any side sewer, private sewer or utility drain the Director shall give written notice to abate. Notice shall be served by mailing said notice to the owner or owners of record of property tributary to a side sewer or private sewer or to the business office in the City and County of San Francisco of the owner of a utility drain. In the case of a side sewer or private sewer public notice shall be provided by posting of copies of said notice in the vicinity of said nuisance or hazard.

   The notice shall describe said nuisance or hazard, shall direct the owner or owners to abate the nuisance or hazard within 10 days of the mailing of notice and shall advise that the Director will abate the nuisance or hazard if the owner or owners fail to do so.

   The Director will abate the nuisance or hazard on failure of the owner or owners to do so within the 10 days.

(Added by Ord. 114-77, App. 3/31/77)

SEC. 104.1. RECOVERY OF ABATEMENT COSTS.

   (a)   Each notice provided in Section 104 of this Article shall advise the owner or owners of responsibility for the expense of abatement of a nuisance or hazard. Any costs and charges incurred by the City by reason of abatement of a nuisance or hazard by the Director shall be an obligation to the City owing by the owner or owners of tributary property. The Director shall mail to the owner(s) of the tributary property a notice of the amount due and a warning that lien proceedings will be initiated against the property if the amounts due are not paid within 30 days after mailing of the notice.

   (b)   Liens authorized under this section shall be imposed and collected in accordance with the requirements of Article XX of Chapter 10 of the San Francisco Administrative Code. The amount of such liens, exclusive of administrative costs and charges, shall be in accordance with the applicable provision of the following schedule:

      (1)   For a side sewer in the roadway of any public street, alley or place, a fee of $200 for each tributary property.

      (2)   For a side sewer other than (1) above, utility drain or private sewer, all costs and charges incurred by the City.

(Added by Ord. 114-77, App. 3/31/77; amended by Ord. 322-00, File No. 001917, App. 12/28/2000)

SEC. 104.2. ABATEMENT FUNDS.

   Whenever the Director abates a nuisance or hazard at City expense the Director shall use any available fund. Any cost recovery under Section 104.1 shall be deposited to the credit of the fund from which City expense was made for such abatement.

(Added by Ord. 114-77, App. 3/31/77)