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Unless the context requires otherwise, the following definitions shall govern the construction of this Article 26:
“City” means the City and County of San Francisco.
“Construction and Demolition Debris” has the same meaning as set forth in Environment Code Section 1401, as may be amended from time to time.
“Costs” means any expenses incurred by the City in abating or otherwise addressing Illegal Dumping and Illegal Dumping violations including, but not limited to, litigation costs, court costs, attorneys’ fees, costs of abatement, removal, and disposal of illegally dumped waste matter (including the equivalent cost of disposal if the City is not charged), costs of investigating the incident, and enforcement costs, including, but not limited to time and expenses of the Department, the City Attorney’s Office, the Police Department, and/or other City departments, incurred by the City in identifying and apprehending a Responsible Person.
“Department” means the Department of Public Works.
“Director” means the Director of the Department of Public Works or the Director’s designee.
“Electronic Waste” means computers, computer monitors, flat screen mobile devices, televisions, audio equipment, mobile telephones, electronic gaming devices, and any other electronic equipment that contains components that are required to be specially collected and managed pursuant to federal, state, or City law.
“Hazardous Waste” has the same meaning as set forth in California Health and Safety Code Sections 25100 et seq., as may be amended from time to time.
“Illegal Dumping” means the activity, act, or actions performed by any Person to deposit, leave, place, keep, maintain, or abandon Prohibited Materials on any Public Property, either in violation of any City law or without the lawful and express written permission of the City.
“Person” means and includes companies, corporations, limited liability companies, estates, associations, partnerships, trusts, unincorporated associations and, one or more natural persons.
“Prevailing Party” has the same meaning as set forth in California Code of Civil Procedure Section 1032, or any successor provision. “Prevailing Party” includes the City in actions where the City obtains an injunction and/or civil penalties or other monies under this Article 26 or State law.
“Prohibited Materials” means Construction and Demolition Debris, Electronic Waste, Hazardous Waste, Refuse 1
Powered Scooters (as defined in the Transportation Code) that are part of a Powered Scooter Share Program, or bicycles that are part of a Stationless Bicycle Share Program (as defined in the Transportation Code), or more than five pounds or more than one cubic foot of any other waste, debris, or material.
“Public Property” includes any portion of a street, road, right-of-way, sidewalk, park, lot, or public or other land owned, operated, leased, or maintained by the City.
“Refuse” has the same meaning as set forth in Environment Code section 1902, as may be amended from time to time.
“Responsible Party” includes any Person who causes or allows or contributes to or participates in actions which constitute a nuisance under this Article 26. By way of example but not limitation, a Responsible Party may personally perform, or hire a Person to perform, an act of Illegal Dumping.
CODIFICATION NOTE
1. So in Ord. 132-20.
(a) Public Nuisance. Illegal Dumping shall be strictly prohibited. Any activity or action that violates this Article 26
shall be, and is hereby declared, a public nuisance.
(b) Separate and Distinct Violations. Each act of Illegal Dumping, notwithstanding the performance of such an act at the same location of another act of Illegal Dumping that takes place at approximately the same time, shall constitute a separate violation that is subject to an abatement or enforcement action under this Article 26
. In exercising the Director’s discretion to enforce this Article, the Director may issue one notice of violation for each act of Illegal Dumping or a consolidated notice of violations for more than one act of Illegal Dumping, and the Director may rely upon the methods and presumptions below.
(1) Each individual piece of furniture or component of furniture that has been separately placed on Public Property shall be presumed to have been placed on Public Property by an individual act of Illegal Dumping and shall be considered a separate act of Illegal Dumping.
(2) An amount of Prohibited Materials of any or all types that exceeds three cubic yards, or requires more than one pick-up truckload of greater than or equal to a half-ton payload capacity to remove, may be cited for each increment of three cubic yards or each number of truckloads required to remove the Prohibited Materials.
(c) Nothing in this Article 26 shall be construed to authorize or allow any Person to deposit, leave, place, keep, maintain, or abandon, any other property or materials, in any amount, on any Public Property without the lawful and express written permission of the City, other than to deposit trash in an appropriate designated receptacle.
(a) The Director may require or take any necessary abatement or enforcement action to clean up, remove, or contain any Prohibited Materials or prohibited items dumped on Public Property, including ordering the Responsible Party to remove and appropriately dispose of the material or prohibited items. The Director may ask any other City department or necessary state agency for assistance in abating any nuisance pursuant to this Article 26.
(b) Each Responsible Party shall be responsible for any Costs or monies expended by the Department or any other department of the City to abate a nuisance under this Article 26. Such Costs or monies may be recovered in a civil action as described in Section 1605 or by other lawful means.
(a) The City Attorney may enforce the provisions of this Article 26 through a civil action in any court of competent jurisdiction.
(b) The City Attorney may apply to any court of competent jurisdiction for an order seeking injunctive relief to abate or remove any nuisance described in this Article 26, to restrain any Responsible Party from taking any action contrary to the provisions of this Article or to require any Responsible Party to take action to comply with the provisions of this Article or an order by the Director to remove and appropriately dispose of material illegally dumped on Public Property.
(c) In any civil court action brought by the City Attorney to enforce this Article 26 in which the City succeeds in obtaining any order from the court, the City shall be entitled to recover from any and all Responsible Parties all of its Costs of investigation, enforcement, abatement, and litigation.
(1) The City shall be entitled to recover civil penalties from each and every Responsible Party in an amount that is not less than twice the amount of the City’s abatement Costs. The City’s abatement Costs shall include any personnel, equipment, and other charges incurred by the City related to the investigation, abatement, clean-up, removal, and/or containment of Prohibited Materials dumped on Public Property. This civil penalties provision is designed to compensate the City for any costs it incurred to investigate and abate the unlawful acts of any Responsible Party and for the ancillary health hazards and inconveniences caused to the City and its residents, rights-of-way blocked, traffic delays or detours, and any personal or business difficulties suffered from the maintenance of illegally dumped materials on Public Property.
(2) The Prevailing Party in any court action to abate a nuisance pursuant to this Article 26 shall be entitled to reasonable attorneys’ fees.
(d) Nothing in this Article 26 shall be interpreted as restricting or otherwise limiting the enforcement authority conferred upon other City employees, City agencies, or state agencies by other provisions of the Municipal Code or state law.
(e) Nothing in this Article 26 shall be interpreted as restricting, precluding, or otherwise limiting a separate or concurrent criminal prosecution or civil enforcement action under the Municipal Code or state law. Jeopardy shall not attach as a result of any court action to abate a nuisance pursuant to this Article.
Administrative Code Chapter 100 is incorporated by reference herein. In addition to the civil penalties authorized by this Article 26, Department employees designated in Section 38 of the Police Code may issue administrative citations imposing penalties or fines for each violation of this Article 26. The administrative penalty or fines 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.
(Added by Ord. 132-20, File No. 191283, App. 8/21/2020, Eff. 9/21/2020)