Loading...
The removal of overhead utility facilities shall be the responsibility of and be done by and at the cost of the owner or operator so owning, controlling, operating or using same. Before the underground installation of any utility facilities a permit for such installation shall first be secured pursuant to Section 901 hereof.
(Added by Ord. 139-72, App. 5/26/72)
In any district that the Board may designate as an Underground District, the owner of a building or other structure will provide, as necessary, at his expense, all conduit and associated equipment required to receive utility service between the facilities of the Serving Company and the terminal facility in or on the building or structure, and all trenching, excavation, backfilling and paving necessary to allow the installation of the service lateral. The installation of conduit or other enclosures within the building or structure, from the terminal facility, shall be made by the owner in accordance with the provisions of the San Francisco Electrical Code. The terminal facility shall be located at a point approved in accordance with the rules adopted by the Director of Public Works and satisfactory to the Serving Company.
(Added by Ord. 139-72, App. 5/26/72)
The Serving Company shall install the service lateral from its distribution line to the terminal facility of the building being served, and provide the conductor or conductors for such service, except as may be agreed between the owner and the Serving Company. Underground construction by the Serving Company shall be accomplished in accordance with the applicable provisions of the San Francisco Electrical Code and the rules and regulations of the California Public Utilities Commission.
(Added by Ord. 139-72, App. 5/26/72)
In the event of failure on the part of a property owner to perform the required construction in accordance with the provisions of Section 917 within 30 days after receipt of a notice to provide such facilities, in order to permit completion of the service reconnection and the removal of the overhead wires and conductors by the Serving Company or Companies, the Director may order the disconnection and removal of any and all overhead electrical or other service wires or conductors supplying electrical or other service to such building or structure. In the event of such failure by the property owner to act, the Director-may, at his discretion, perform the work required of property owners by Section 917, and is authorized to use and employ whatever labor, materials and devices may be necessary to effectually carry out the provisions of this Article. The total cost of the labor, materials and devices necessary for the performance of such work shall be paid by the owner of the building or structure for which such work was required.
(Added by Ord. 139-72, App. 5/26/72; Ord. 140-07, File No. 070621, App. 6/22/2007)
(a) When the Director has determined that a property owner has failed to perform the required construction in accordance with the provisions of Section 917 within the time required by Section 919, the Director shall notify the property owner that the property has been declared a public nuisance and order that such work be done ("Director's Notice"). One copy of the Director's Notice shall be posted in a conspicuous place upon the building or structure and one copy of the Director's Notice shall be sent to the property owner by certified mail at the address of such property owner as it appears on the last equalized assessment roll of the County or at the address to which the most recent real property tax bill for said building or structure was mailed by the Tax Collector. If no such address appears on the assessment roll of the County or of the Tax Collector, then a copy of the Director's Notice shall be addressed to the property owner at the address of the building or structure involved. The failure of the property owner to receive the Director's Notice shall not affect in any manner the validity of any proceedings taken hereunder including the sale of the property.
(b) The Director's Notice shall contain the following information:
(1) The street address of the property sufficient for identification.
(2) A statement that the property has been declared a public nuisance pursuant to Public Works Code § 944.
(3) The work required to be done at the property to receive utility services at a building or structure on the property, as well as an estimate of the cost of such work if readily ascertainable.
(4) The date by which the work required is to be commenced and completed by the property owner.
(5) A statement that, in the event that the property owner fails to complete the work by the required date, the Director will take action to abate the public nuisance.
(6) A statement of the manner in which the Director will abate the public nuisance by installing the necessary facilities on the property, as well as an estimate of the cost of such work if readily ascertainable.
(7) A statement that low-income property owners should contact the Mayor's Office of Housing to determine whether they are eligible for a grant to hire a licensed electrician to perform the work required on their properties.
(8) A statement that the City will hold the property owner responsible for all of the City's costs to enforce any of the requirements of this Article and to abate the public nuisance, including the cost of the required work, the Department's administrative and supervisory costs, and any costs incurred by other City departments including the City Attorney's Office.
(9) A statement that the City will make the City's costs a special assessment against the property if the property owner fails to pay the City's costs.
(10) The time, date and place during which the Director will conduct a hearing to determine whether the Director should abate the public nuisance by ordering that such work be done and assessing costs against the property for abating the nuisance.
(11) A statement that the property owner may attend the hearing and provide evidence why the Director should not abate the public nuisance by ordering that such work be done or assess costs against the property for abating the nuisance.
(12) Such additional information as the Director deems necessary to notify property owners of their duties and obligations to comply with any of the requirements of this Article.
(Added by Ord. 139-72, App. 5/26/72; Ord. 140-07, File No. 070621, App. 6/22/2007)
(a) The person mailing the Director's Notice to a property owner as provided in Section 920 shall file an affidavit or declaration thereof under penalty of perjury with the Director certifying to the time and manner in which such notice was given. He shall also file therewith any receipt card of such notice by certified mail.
(b) The notice of hearing shall be posted and served at least 10 days prior to the time set for the hearing.
(Added by Ord. 139-72, App. 5/26/72; Ord. 140-07, File No. 070621, App. 6/22/2007)
(a) The hearing shall be held at the time and place designated in the Director's Notice to determine whether the Director should abate the public nuisance by ordering that such work be done and assess costs against the property for abating the nuisance. For good cause the hearing may be continued by the Director to a later time. Subject to the procedures prescribed by the Director for the orderly conduct of the hearing, all persons having an interest in the building or structure may present evidence materially bearing on the case for consideration by the Director.
(b) The Director shall appoint a hearing officer to conduct the hearing by taking testimony and other evidence from the Department, the property owner and any other interested parties. The hearing officer shall have the same authority as the Director to hear and decide the case and to make any order hereinafter provided for including abating the public nuisance by ordering that the work be done and assessing costs against the property for abating the nuisance.
(Added by Ord. 139-72, App. 5/26/72; Ord. 140-07, File No. 070621, App. 6/22/2007)
(a) At the conclusion of the hearing, the hearing officer may issue an order abating the public nuisance by requiring that the work be done and assessing costs against the property for abating the nuisance ("Director's Order").
(b) The Director's Order shall set forth the following:
(1) The street address of the property where the Director has ordered the public nuisance to be abated sufficient for identification.
(2) A statement of the work required to be done to abate the public nuisance.
(3) A statement that the property owner has 30 days from the date of the Director's Order to abate the public nuisance by completing the required work.
(4) The date and time on which the Department will enter the property to do the work required to abate the public nuisance.
(5) A statement of the costs to be assessed against the property to abate the public nuisance, including the costs incurred to date and any additional costs to be incurred if the required work is not done by the date ordered by the Director.
(6) A statement that the property may be sold by the Tax Collector after three years for unpaid delinquent assessments.
(c) Upon written application of the property owner showing a reasonable cause for any delay, the Director may grant a reasonable extension of time not to exceed 30 days within which the work required to abate the public nuisance must be completed.
(Added by Ord. 139-72, App. 5/26/72; Ord. 140-07, File No. 070621, App. 6/22/2007)
A copy of the Director's Order shall be posted in a conspicuous place upon the building or structure and shall be served in the manner prescribed in Section 920 upon all persons to whom the notice of hearing is required to be served, and a copy shall be recorded in the office of the Recorder of the City and County.
(Added by Ord. 139-72, App. 5/26/72; Ord. 140-07, File No. 070621, App. 6/22/2007)
Loading...