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The Board of Supervisors hereby finds and declares that:
(a) The City and County of San Francisco has a unique and important history that should be preserved and commemorated for residents and visitors. The contributions of certain sites, events, and people to the history of the City should be recognized.
(b) One method of preserving and commemorating such historical sites, events, and people shall be the placement of commemorative plaques upon public streets and places. Such plaques shall play an important role in identifying locations of historical interest to residents and visitors.
(Added by Ord. 149-96, App. 4/17/96)
(a) The Board of Supervisors may, by resolution, designate a location on a public street or place to commemorate a site, event, or person of historical interest to San Francisco, subject to the requirements of subsection (b) below.
(b) Any person seeking to commemorate a site, event, or person of historical interest to San Francisco by placement and installation of a commemorative plaque on a specific location on a public sidewalk or place shall file an application with the Department of Public Works, shall obtain all necessary permits and approvals for the commemorative plaque, including any applicable major or minor sidewalk encroachment permits, and shall provide the Department with any security and/or evidence of insurance, as may be required by the Department following the Department’s review of the application. Such application shall be filed upon forms prescribed by the Department, include all information required by the Department including, but not limited to, the applicant’s preferred locations for plaque installation and alternative locations for plaque installation, and be accompanied by all required fees set by the Department.
(Added by Ord. 149-96, App. 4/17/96; amended by Ord. 252-23, File No. 230768, App. 12/19/2023, Eff. 1/19/2024)
(a) The Department shall set a time and place for a hearing thereon for a date not to exceed 90 days from the date on which the complete application was received by the Department.
(b) Notice of time, place and purpose of the hearing on the application for a commemorative plaque on a public street or place shall be as follows:
(1) By mail, not less than 10 days prior to the date of the hearing, to the applicant(s).
(2) By mail, not less than 10 days prior to the date of the hearing, to the owners of all real property fronting the specific location and the owners of all real property on either side of the specific location requested for commemoration. The Department shall use the names and addresses of the owners as shown on the latest city- wide assessment roll in the office of the Tax Collector.
(3) By posting, not less than 10 days prior to the date of the hearing, in a public place near the specific location requested for commemoration.
(4) Such other notice as the Department shall deem appropriate.
(c) A record shall be kept of pertinent information presented at the hearing and such record shall be maintained as part of the permanent records of the Department. The Director of Public Works shall determine the instances in which applications scheduled for hearing may be continued. In such cases, new notice need not be given provided the date of any further hearing is announced at the previously scheduled hearing.
(Added by Ord. 149-96, App. 4/17/96)
(a) Within 30 days after close of the Department’s hearing, the Department shall forward the application, and its own report and recommendation to the Clerk of the Board of Supervisors. The record of the hearing thereon and a list of all parties notified of the hearing shall be attached to the Department’s recommendation.
(b) The Board of Supervisors shall hold a public hearing on any proposal so transmitted. The Board may approve, disapprove or modify and approve, the designation of a specific location on a public street or place to commemorate a site, event or person of historical interest to San Francisco.
(c) In the alternative, notwithstanding subsections (a) and (b), the Board of Supervisors may elect to hold a hearing on a proposal to commemorate a site, event, or person of historical interest to San Francisco, prior to the submittal of a complete application to the Department, and may elect to pass a resolution approving the commemoration of a site, event, or person, and authorizing the Director, following the Arts Commission’s approval of the plaque design and the Director’s review of all permit application materials, to approve the installation of commemorative plaques at precise locations that comply with the applicable engineering, installation, safety, and siting criteria, and to designate these precise locations for commemoration of a site, event, or person.
(Added by Ord. 149-96, App. 4/17/96; amended by Ord. 252-23, File No. 230768, App. 12/19/2023, Eff. 1/19/2024)
The Department shall develop engineering, installation, safety, and siting criteria for the commemorative plaques and may adopt such criteria through departmental orders and/or regulations. The Department shall also develop design requirements and guidelines for the commemorative plaques after consulting with the Arts Commission.
(Added by Ord. 149-96, App. 4/17/96; amended by Ord. 252-23, File No. 230768, App. 12/19/2023, Eff. 1/19/2024)
(a) The Department shall be responsible for maintaining the official street map of the City and County of San Francisco.
(b) From time to time, the Department shall develop a map listing all sites designated as commemorative sites.
(Added by Ord. 149-96, App. 4/17/96)
The Department shall determine the amount of a fee necessary to compensate the City for processing and administering an application for a commemorative plaque. The fee shall be deposited into the Engineering Inspection Fund and pay for the time and materials required to process the application, based upon the estimated actual costs to perform the work, including the costs of the Department of Public Works, the City Attorney and the Board of Supervisors.
(Added by Ord. 149-96, App. 4/17/96)
(a) Requirements. Every person, firm or corporation, including the City and County of San Francisco, owning or having control of any manhole, vault, or sub-sidewalk basement cover, grille, grate, or other lid on the public sidewalk must comply with the Department of Public Works' slip resistant regulations for such surfaces and covers. Said regulations shall be based on the U.S. Architectural and Transportation Barriers Compliance Board's slip resistant recommendations or California Code of Regulations Title 24, whichever is more restrictive. The Director of Public Works shall adopt a slip resistant standard(s) for such surfaces and covers after conducting a public hearing on the recommended standard or standards. For surfaces and covers that pre-date 1920, the Director shall develop special standards that encourage, to the maximum extent feasible, preservation or adaptive reuse of such surfaces and covers. The standards for these surfaces and covers may deviate from the standards set forth in this subsection and shall include, but not be limited to, measures to preserve foundry marks, names of public or private companies associated with the surface or cover, dates, or other historical identifiers; provided, however, that in all instances the standards shall ensure public safety. The Director shall issue a Departmental Order specifying the standard or standards adopted pursuant to this section. Covers for sewer vents and traps that comply with the Plumbing Code are exempt from section 790.
(b) Notice of violation. The Director of Public Works shall have authority to enforce this section. Upon the Director's determination that a person has violated any provisions of this section, the Director shall serve notice to the owner to abate the violation within thirty (30) days. The Director's notice of violation shall be a written, electronic, or facsimile communication and shall specify the manner in which the violation shall be remedied.
(c) Hearing. The owner shall have seven (7) days from the date of the notice to request in writing a hearing before the Director to contest the notice of violation. If the owner fails to request a hearing within seven days, the Director's determination of violation shall be presumed final. At the hearing, the owner shall be entitled to present evidence that any manhole, vault or sub-sidewalk basement cover, grille, grate, or other lid on the public sidewalk complies with the applicable Department of Public Works slip resistant standard. The determination of the Director after the hearing shall be final and not appealable.
(d) Abatement. After notification by the Director, the owner shall obtain applicable Permit(s), and remove and replace the non-compliant cover(s) or surface(s) within thirty (30) days. The Director may extend the time for the owner to remove and replace such cover or surface in his or her discretion.
(e) Failure to Abate Violation. If the owner fails to abate any violation pursuant to the Director's notice, the Director is empowered to abate the violation in the manner in which the Director deems expedient and appropriate. The owner shall compensate the Department of Public Works for any costs associated with abating the violation. In addition, the Director may assess additional penalties, costs and abatement charges in his or her discretion.
(f) Administrative Penalties. The administrative penalties assessed pursuant to subsection (e) shall not exceed one thousand dollars ($1,000) per day, per violation commencing with the first day of the violation. In assessing the amount of the administrative penalty, the Director may consider any one or more of the following: the nature and seriousness of the violation, the number of violations, the length of time over which the violation continues to occur, and the willfulness of the violator's misconduct.
(g) Enforcement Costs. In addition to the administrative penalty assessed pursuant to subsection (f), the Director may assess enforcement costs to cover the reasonable costs incurred in enforcing the administrative penalty, including reasonable attorney's fees.
(h) Civil Penalties. The Director may call upon the City Attorney to maintain an action for injunction to cause the correction or abatement of the violation, and for assessment and recovery of a civil penalty and reasonable attorney's fees for such violation. Any person who violates this section 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 the civil penalty, the court may consider any one or more of the following: the nature and seriousness of the violation, the number of violations, the length of time over which the violation continues to occur, the willfulness of the violator's misconduct, and the defendant's assets, liabilities, and net worth. The City Attorney may also seek recovery of the attorney's fees and costs incurred in bringing a civil action pursuant to this action.
(i) Severability. In adopting this section 790, the Board of Supervisors does not intend to regulate or affect the rights or authority of the Federal or State government to do those things that are required, directed, or expressly authorized by Federal or State law or administrative regulation. Further, in adopting this Ordinance, the Board of Supervisors does not intend to prohibit that which is prohibited by Federal or State law or administrative regulation. In the event that a court or agency of competent jurisdiction holds that Federal or State law, rule or regulation invalidates any clause, sentence, paragraph, or subsection of section 790 or the application thereof to any person or circumstances, it is the intent of the Board of Supervisors that the court or agency sever such clause, sentence paragraph, or subsection so that the remainder of sections 790 shall remain in effect.
(Added by Ord. 30-04, File No. 030677, App. 3/2/2004)
(a) Definitions.
“Furnishing Zone” shall be defined in the Better Streets Plan as defined in Administrative Code Section 98.1.
“Immediate Property Frontage” refers to that portion of the public right-of-way from the back of curb to the adjacent property line for the length of the entire property.
“Public Improvements” shall be defined as physical improvements to the public right-of-way intended to promote pedestrian and bicycle safety, to provide increased sidewalk area for pedestrians, and to promote environmentally sound street design, and to enhance the aesthetic appeal of streets. Such improvements include, but shall not be limited to, sidewalk widening, sidewalk widening at corners, medians, raised pedestrian crossings, and bicycle facilities, and are generally described in the Better Streets Plan or its successor document, Neighborhood Plans, or neighborhood streetscape plans. In addition, Public Improvements shall include commemorative plaques installed in the Furnishing Zone according to a Tier 2 Love Our Neighborhoods Permit.
(b) Gift Acceptance of Public Improvements. Notwithstanding the limit on administrative acceptance of public gifts in Administrative Code Section 10.100-305, the Director of Public Works is authorized to accept as gifts on behalf of the City and County of San Francisco certain Public Improvements within the Department's permitting and maintenance jurisdiction subject to the limitations as set forth in this Section 791. Such gift acceptance is subject to all other laws, rules, and regulations governing acceptance of public gifts. All such gifts shall be made by an irrevocable offer of dedication.
(c) Location of Public Improvements and Consistency with Applicable Plans.
(1) The subject Public Improvements shall be located on the public right-of-way outside of the Immediate Property Frontage of the property owner and be consistent with the Better Streets Plan or applicable Neighborhood Plan or neighborhood streetscape plan. Generally, such Public Improvements shall be within 500 feet of the Immediate Property Frontage.
(2) Notwithstanding the locational requirement of Subsection (c)(1) above, a gift of Public Improvements also may be made if the owner constructs a sidewalk bulb-out within the Immediate Property Frontage. Such sidewalk bulb-out shall satisfy all other provisions of this Section. Any such gift shall be applicable only to that additional portion of sidewalk necessary to construct the sidewalk bulb-out in relation to the: (a) then existing official sidewalk width if the sidewalk width remains unchanged within the Immediate Property Frontage or (b) new official sidewalk width if the sidewalk width within the Immediate Property Frontage has been expanded. With the exception of that additional portion of sidewalk necessary to construct the sidewalk bulb-out as set forth above, the property owner shall be solely responsible for such Improvements in accordance with Public Works Code Section 706. In such instances, the Department of Public Works official maps shall delineate the division of responsibility between the City and the property owner.
(3)1
Notwithstanding the locational requirement of Subsection (c)(1) above, a gift of Public Improvements also may be made if the owner constructs a commemorative plaque within the Furnishing Zone in accordance with a Tier 2 Love Our Neighborhoods Permit.
(3)1
If the subject Public Improvements specified in Subsection (c)(1) result in expansion of sidewalk width outside of the Immediate Property Frontage and such sidewalk improvements meet all the standard City requirements for sidewalk design and materials, then while the Department may accept such Public Improvements as a gift, then the fronting owner shall be solely responsible for such Improvements in accordance with Public Works Code Section 706.
(4) Notwithstanding the requirement of Subsection (c)(3) above, a gift of Public Improvements may include a sidewalk bulb-out outside of the Immediate Property Frontage. Any such gift shall be applicable only to that additional portion of sidewalk necessary to construct the sidewalk bulb-out in relation to the: (a) then existing official sidewalk width if the sidewalk width remains unchanged outside of the Immediate Property Frontage or (b) new official sidewalk width if the sidewalk width outside the Immediate Property Frontage has been expanded and such sidewalk improvements meet all the standard City requirements for sidewalk design and materials. With the exception of that additional portion of sidewalk necessary to construct the sidewalk bulb-out as set forth above, the fronting owner shall be solely responsible for such Improvements in accordance with Public Works Code Section 706. In such instances, the Department of Public Works official maps shall delineate the division of responsibility between the City and the fronting owner.
(5) If the subject Public Improvements to be located on the sidewalk portion of the public right-of-way outside of the Immediate Property Frontage of the property owner are not improvements that meet all the standard City requirements for design and materials or are comprised of any form of encroachment, including street furniture, then the Director, in his or her discretion, may decline to accept all or a portion of such Public Improvements as a gift. In such instances, the Director may process the permitting and approval of such Public Improvements in accordance with applicable provisions of the Public Works Code and may issue a permit or permits to: (a) the property owner if the property owner assumes permit responsibility for the nonstandard design and materials or encroachments; (b) the fronting owner(s) if such fronting owner(s) consent to assume responsibility for the nonstandard design and materials or encroachments; or (c) both.
(d) Limitation of Gift Acceptance to Department of Public Works Jurisdiction. The Public Improvements subject to the gift acceptance shall be only those improvements within the Department's permitting and maintenance jurisdiction. Public Improvements that fall within the maintenance jurisdiction of other departments shall not be subject to the terms of this Section.
(e) Public Improvements Subject to All Other Applicable City Approvals. The Public Improvements shall be subject to all City Department reviews, approvals, and permitting that otherwise would apply to such projects.
(f) Departmental Approval by Street Improvement Permit. The Department shall approve such Public Improvements pursuant to a street improvement permit as set forth in Public Works Code Article 2.4 for accepted streets or Article 9 for unaccepted streets and said permit shall be accompanied by security as required by the Department. Said permit may be combined with other Departmental permits associated with the subject project.
(g) Gift to Include Cost of Maintenance. The gift for such Public Improvements shall be accompanied by a maintenance endowment of at least 20% of the estimated cost of construction of the Improvements as determined by the City Engineer; provided however, that the Director may reduce the cost of this endowment, but in no case shall the reduction be less than 10% of the cost of construction of the Improvements except that the Director may waive the cost of this endowment entirely with respect to a commemorative plaque that is installed in the Furnishing Zone according to a Tier 2 Love Our Neighborhoods Permit. The Department shall deposit all required maintenance funds into a public improvement gift maintenance account.
(h) Public Improvement Gift Maintenance Fund. There is hereby created a Public Improvement Gift Maintenance Fund wherein all funds received under the provisions of this Section shall be deposited. Said fund shall be a Category 8 fund in accordance with Administrative Code Section 10.100-1. All expenditures from the Fund shall be for administrative, engineering, legal, or technical work related to the maintenance of such improvements and equipment directly related to such maintenance, including but not limited to labor costs and any future construction associated with the Public Improvements. All such expenditures are hereby appropriated for said purposes.
(i) Acceptance and Dedication of Public Improvements. The Board of Supervisors delegates authority to the Director of Public Works to accept and dedicate the Public Improvements for public use, designate them for any or all public street and roadway purposes, and accept the Improvements for City maintenance and liability purposes once the City Engineer has determined that the Public Improvements have been constructed according to City standard and the satisfaction of the Department and are ready for their intended use.
(j) DPW Regulations. In addition to the requirements set forth in this Section, the Director may adopt such orders, policies, regulations, rules, or standard plans and specifications as he or she deems necessary in order to preserve and maintain the public health, safety, welfare, and convenience. Such orders, policies, regulations, or rules may include, but are not limited to, permit application materials, site conditions, accessibility of sidewalks and streets, submission of as-built plans as a precondition to acceptance. When such orders, policies, regulations or rules will affect the operations and enforcement of the Municipal Transportation Agency, the Director of the Department of Public Works shall consult with and provide an opportunity to comment to the Municipal Transportation Agency prior to adoption of such orders, policies, regulations, or rules.
CODIFICATION NOTE
1. So in Ord. 252-23.
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