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(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other encroachment into the public right-of-way, including those obstructions or encroachments for which a permit has been revoked, annulled or for which a permit has not been issued.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
(a) Street Space Occupancy Permit. A permit will be required for occupying any part of the street or sidewalk for building construction operations or for any other purpose, and shall be granted only to the owner or lessee of the premises fronting thereon or his or her authorized agent.
(1) Material and equipment shall not occupy more than the designated parking lane width and not more than ½ of the official sidewalk width along the boundary of the fronting property unless permission is granted pursuant to Sections 724.7 and 724.8 for temporary occupancy of additional street space. For purposes of this Subsection, material and equipment shall mean only construction material used at the site, construction equipment, vehicles bearing the logo or other identifying information so that the City could verify that it belongs to the contractor or a subcontractor working at the site and refuse containers for construction debris. For purposes of Section 724.1(b), material and equipment also shall include any material or equipment related to the proposed use. For purposes of this Subsection, parking lane width shall not exceed eight feet in width, and if such lane also is designated as a commute lane, such lane may not be occupied unless permission is granted pursuant to Sections 724.7 and 724.8 for temporary occupancy of additional street space.
(2) A minimum clearance of four feet must be maintained at all times to accommodate pedestrian path of travel requirements. A minimum clearance of four feet, six inches must be maintained at all times between the materials and equipment and the outer rail of any railroad track. Clearance of materials from fire hydrants, fire alarm boxes and value covers shall be as required by the Fire Department. Clearance of materials from traffic signal controllers and pull boxes shall be as required by the Department of Public Works.
(3) All sand, dirt or other materials shall be prevented from being blown or moved to other parts of the street, or from interfering with other property use. The gutters shall not be obstructed.
(4) Lights, barriers, barricades, signs, cones, and other devices for pedestrian and traffic safety, and other requirements shall be provided as set forth in Department of Public Works orders or regulations.
(5) For purposes of Sections 724 et seq., building construction operations shall include all work related to the construction, demolition, maintenance, repair, or replacement of a building.
(b) Permit Applications.
(1) An applicant for a permit shall submit to the Department a written request for a permit no sooner than 15 days prior to the initiation of the proposed occupation of street space. The permit request shall specify the duration and extent of the proposed occupancy and all other information as set forth in Departmental orders or regulations.
(2) A permit applicant also shall request in writing the basis for any proposed modifications to standard permit requirements, such as extended hours of occupancy for the storage of materials and equipment.
(3) If the request is to occupy part of the street or sidewalk for building construction operations, in no event may the duration of the proposed occupancy under the street space occupancy permit or any extensions thereof be longer than the Building Code allows for completion of work under the original building or site permit. A decision by the Department of Building Inspection to extend a building or site permit is not binding on the Director of Public Works for purposes of issuing a new street space occupancy permit or extending an existing permit. A new Director's authorization is required pursuant to Section 724(e) for continued occupation of the street or sidewalk space under such circumstances.
(4) Any application for a permit in any residential, Urban Mixed Use, PDR-1-D, PDR-1-G, and each named Neighborhood Commercial district as defined in the Planning Code that requests more than one on-street parking space and a permit duration of three months or longer shall include a contractor parking plan. The plan shall include the contractor parking plan information as required in Public Works Code Section 2.4.20(b).
(5) The permittee shall mail a courtesy notice within five business days from the start of each phase to all impacted fronting property owners. Said notice shall include information about the number and linear feet of parking spaces that will be impacted and/or removed as well as a 24-hour, seven days per week contact for the project, including name and telephone number. For purposes of this subsection (b)(5), "fronting property owner" shall mean a property owner that owns property along the frontage where on-street parking will be impacted and/or removed. If the fronting property owner is a condominium project, the permittee need only mail the notice to the condominium association and not each individual unit owner.
(c) Permit Decisions.
(1) The Director of the Department, in his or her discretion, may approve, conditionally approve, or disapprove a street space occupancy permit. When issuing permits, permit modifications, or extending the duration of permits, the Director may impose any conditions consistent with the public health, safety, welfare, and convenience, including, but not limited to, appropriate time, place, and manner restrictions and considerations to minimize neighborhood impacts. If the Director of the Department approves or conditionally approves a permit, said permit shall be issued on a monthly basis with a minimum term of one month and a maximum term of six months. In the absence of special conditions, a permit shall entitle the permittee to occupy the specified street space for a period no longer than 7:00 a.m.-6:00 p.m., seven days a week for the term of the permit.
(2) Appeals. The Director's decision on a permit shall be appealable to the Board of Appeals.
(d) Permit Modification.
(1) On seven days' prior written notice to the Department, a permittee may seek to modify any terms or conditions of an existing valid permit except to extend the duration of a permit pursuant to subsection (e) or to obtain an additional street space occupancy permit pursuant to Sections 724.7 and 724.8.
(2) A request for a permit modification shall be accompanied by a $50 processing fee.
(e) Permit Extension.
(1) No later than 15 days prior to expiration of a permit, a permittee may request in writing that a permit extension be granted to extend the duration of the street space occupancy.
(2) In no event may the Director grant an extension of a street space occupancy permit for the purpose of building construction operations without confirmation by the Department of Building Inspection, or other proof to the satisfaction of the Director, that there is ongoing work at the site under an active building or site permit.
(3) The Director shall treat a permit extension request like a new permit, and the Director, in his or her discretion, may issue or deny the extension or impose new or modified conditions on the permit extension.
(4) The total inclusive duration of one or more extensions of a street space occupancy permit may not exceed 12 months. Any occupation of street or sidewalk space after that time shall require a new permit that is subject to appeal to the Board of Appeals pursuant to Subsection 724(c)(2).
(f) Permit Revocation. All street space occupancy permits are revocable at the will of the Director. In addition, when, in the judgment of the Director of Public Works, the public interest or convenience will be served by the removal of the dirt, debris, materials, and equipment, or any portion thereof, from the street or sidewalk space, the Director shall modify, condition, or revoke the permit accordingly.
(g) Limit on the Number of Street Space Occupancy Permits and Extensions Issued for the Same Address.
(1) In any Residential, Urban Mixed Use, named Neighborhood Commercial, or named Neighborhood Commercial Transit District as defined in the Planning Code, the Director may not grant more than six street space occupancy permits or permit extensions covering a continuous three-year period for the same address. Upon expiration of this three-year period, the Director may not grant a new street space occupancy permit for that same address, or an extension of such a permit for a period of two years thereafter.
(2) The time limit specified in subsection (g)(1) is retroactive and applies to permits issued and permit extensions granted prior to the effective date of subsection (g)(1)*, whether or not there is ongoing work at the site under an active building or site permit; provided however, that the Director may grant a one-time extension for a period of time no longer than three months if the permittee demonstrates to the satisfaction of the Director, and the Department of Building Inspection confirms, that a building project at the site will receive its final inspection and sign-off within the extension of time granted.
* Editor's Note:
Division (g), including its subdivision (g)(1), was added to this section by Ord. 167-16, effective 9/10/2016.
Division (g), including its subdivision (g)(1), was added to this section by Ord. 167-16, effective 9/10/2016.
(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)
CODIFICATION NOTE
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