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(a) Community Service Plan: A fee to reimburse the SFMTA for costs associated with processing requests for community service in-lieu of payment for parking or transit violation citations. The amount for this fee shall be set forth in the SFMTA Fee and Fine Schedule and adjusted by an Automatic Index under the provisions in Section 301(b).
The SFMTA may grant a fee waiver once per calendar year for low-income customers whose income is at or below 200% of the Federal Poverty level.
(b) Payment Plan: A fee to reimburse the SFMTA for costs associated with establishing a payment plan for parking or transit violation citations shall be set forth in the SFMTA Fee and Fine Schedule as set forth in the California Vehicle Code and shall not be adjusted by an Automatic Index under the provisions in Section 301(b).
(Added by SFMTA Bd. Res. No. 10-053, 4/20/2010; amended by SFMTA Bd. Res. No. 12-056, Ad. 4/17/2012, Oper. 7/1/2012; SFMTA Bd. Res. No. 14-061
, Ad. 4/15/2014, Eff. 5/16/2014, Oper. 7/1/2014; SFMTA Bd. Res. No. 16-027
, Ad. 3/1/2016, Eff. 4/1/2016; SFMTA Bd. Res. No. 16-042
, Ad. 4/5/2016, Eff. 5/6/2016, Oper. 7/1/2016; SFMTA Bd. Res. No. 180116-012, Ad. 1/16/2018, Eff. 2/16/2018, Oper. 3/1/2018; SFMTA Bd. Res. No. 180403-057, Ad. 4/3/2018, Eff. 5/4/2018, Oper. 7/1/2018; SFMTA Bd. Res. No. 200421-043, Ad. 4/21/2020, Eff. 5/22/2020, Oper. 7/1/2020**; SFMTA Bd. Res. No. 200630-061, Ad. 6/30/2020, Eff. 7/31/2020, Oper. 8/1/2020 and 1/4/2021; SFMTA Bd. Res. No. 220419-036, Ad. 4/19/2022, Eff. 5/20/2022; SFMTA Bd. Res. No. 240319-028, Ad. 3/19/2024, Eff. 4/19/2024)
**Editor’s Note:
The operative date of the amendments adopted by Res. No. 200421-043 was altered by Section 2 of Res. No. 200630-061.
(a) A fee charged for rendering Parking meters inaccessible to parking due to activities that are non-construction related and do not require either a Temporary Exclusive Use Parking Meter Permit issued pursuant to Section 904 of this Code, or a Temporary Use or Occupancy of Public Streets permit issued pursuant to Article 6 of this Code.
(b) The Parking Meter Use Fee shall be as set forth in the SFMTA Fee and Fine Schedule and shall not be subject to Automatic Indexing under Section 301(b); but the daily fee shall be increased by $1 each year, effective July 1, 2024 and each July 1 thereafter.
(Added by SFMTA Bd. Res. No. 10-053, 4/20/2010; amended by SFMTA Bd. Res. No. 11-041, Ad. 4/5/2011, Eff. 5/6/2011; SFMTA Bd. Res. No. 12-056, Ad. 4/17/2012, Oper. 7/1/2012; SFMTA Bd. Res. No. 14-061
, Ad. 4/15/2014, Eff. 5/16/2014, Oper. 7/1/2014; SFMTA Bd. Res. No. 16-042
, Ad. 4/5/2016, Eff. 5/6/2016, Oper. 7/1/2016; SFMTA Bd. Res. No. 180403-057, Ad. 4/3/2018, Eff. 5/4/2018, Oper. 7/1/2018; SFMTA Bd. Res. No. 200421-043, Ad. 4/21/2020, Eff. 5/22/2020, Oper. 7/1/2020*; SFMTA Bd. Res. No. 200630-061, Ad. 6/30/2020, Eff. 7/31/2020, Oper. 1/4/2021; SFMTA Bd. Res. No. 220419-036, Ad. 4/19/2022, Eff. 5/20/2022; SFMTA Bd. Res. No. 240319-028, Ad. 3/19/2024, Eff. 4/19/2024; SFMTA Bd. Res. No. 240416-043, Ad. 4/16/2024, Eff. 5/17/2024)
*Editor’s Note:
The operative date of the amendments adopted by Res. No. 200421-043 was altered by Section 2 of Res. No. 200630-061
(a) Curbside Parklet Fee. A fee to reimburse the SFMTA for costs associated with the removal of a parking space and installation of a parklet. The amount for this fee shall be one-half of the fees collected by Public Works pursuant to Administrative Code Section 94A.10 and Public Works Code Section 2.1.1, as both may be amended from time to time. The SFMTA may also impose a fee for the costs associated with the removal and relocation of a bikeshare station in an amount between $6,667 to $7,787 depending on the size of the station. Any invoices sent by the SFMTA are due and payable within 30 days of the date of the invoice. Payment of any and all outstanding fees and penalties shall be made prior to the issuance of any permit for Shared Spaces activities. The SFMTA shall not refund any permit fees under any circumstances.
(b) Longer-Term Closure of Traffic Lane Fee. A fee to reimburse the SFMTA for costs associated with the longer-term closure of a Traffic Lane. The amount of this fee shall be the same amount as set forth in Section 902, Table 902(d) for “Special Events” depending on the date an application is submitted, as specified in said table.
(c) Shared Spaces Fees shall not be subject to Automatic Indexing under Section 301(b).
(Added by SFMTA Bd. Res. No. 12-056, Ad. 4/17/2012, Oper. 7/1/2012; amended by SFMTA Bd. Res. No. 14-061
, Ad. 4/15/2014, Eff. 5/16/2014, Oper. 7/1/2014; SFMTA Bd. Res. No. 16-042
, Ad. 4/5/2016, Eff. 5/6/2016, Oper. 7/1/2016; SFMTA Bd. Res. No. 180403-057, Ad. 4/3/2018, Eff. 5/4/2018, Oper. 7/1/2018; SFMTA Bd. Res. No. 200421-043, Ad. 4/21/2020, Eff. 5/22/2020, Oper. 7/1/2020*; SFMTA Bd. Res. No. 200630-061, Ad. 6/30/2020, Eff. 7/31/2020, Oper. 1/4/2021; SFMTA Bd. Res. No. 210504-065, Ad. 5/4/2021, Eff. 6/4/2021, Oper. 8/28/2021; SFMTA Bd. Res. No. 240319-028, Ad. 3/19/2024, Eff. 4/19/2024)
*Editor’s Note:
The operative date of the amendments adopted by Res. No. 200421-043 was altered by Section 2 of Res. No. 200630-061
Editor's Note:
Former Sec. 313 ("Translink/Clipper Limited Use Card Fee") was repealed by SFMTA Bd. Res. No. 10-134, adopted October 19, 2010.
Former Sec. 313 ("Translink/Clipper Limited Use Card Fee") was repealed by SFMTA Bd. Res. No. 10-134, adopted October 19, 2010.
SEC. 314. RESIDENTIAL PARKING PERMIT APPLICATIONS – FALSE, MISLEADING OR FRAUDULENT INFORMATION; VIOLATION OF DIVISION I, SECTION 7.2.50 – ADMINISTRATIVE PENALTIES.
(a) Any person who violates subsection (b) of Division I, Section 7.2.50 may be subject to the issuance of a citation and imposition of an administrative penalty.
(b) Administrative penalties may not exceed $500 for each offense.
(c) The Director of Transportation is authorized to designate officers or employees of the Municipal Transportation Agency to enforce subdivision (b) of Division I, Section 7.2.50. Any officer or employee so designated is hereby authorized to issue citations imposing administrative penalties for violations of subdivision (b) of Division I, Section 7.2.50.
(Added by SFMTA Bd. Res. No. 12-010, Ad. 1/17/2012, Eff. 2/17/2012)
(a) This Section shall govern the imposition, assessment and collection of administrative penalties imposed pursuant to Section 314.
(b) The SFMTA Board of Directors finds:
(1) That it is in the best interest of the City, its residents, visitors and those who park on City streets to provide an alternative, administrative penalty mechanism for enforcement of Residential Parking Permit applications that contain false, misleading, or fraudulent information in addition to the existing enforcement mechanisms authorized under the San Francisco Transportation Code; and
(2) That the administrative penalty scheme established by this section is intended to compensate the public for the injury or damage caused by any person who submits a Residential Parking Permit application containing a fraudulent statement in order to obtain preferential parking in a Residential Parking Permit Area. The administrative penalties authorized under this section are intended to be reasonable and not disproportionate to the damage or injury to the City and the public caused by the prohibited conduct.
(c) Administrative Citation. Where an officer or employee designated in Section 314 determines that there has been a violation of subdivision (b) of Division I, Section 7.2.50, the officer or employee may issue an administrative citation to the person and/or entity responsible for the violation. The citation may be personally served on the applicant or by certified U.S. mail to the address indicated on the permit application. The citation shall inform the person or entity responsible of the date and nature of the violation and the amount of the administrative penalty, and shall state that the penalty is due and payable to the SFMTA within 15 business days from the date of the notice, if not contested within the time period specified. The citation shall also state that the person or entity responsible has the right, pursuant to Subsection (d), to request an administrative hearing of the citing officer or employee's determination as to the violation and assessment of penalties, and shall set forth the procedure for requesting an administrative hearing. The designated officer or employee shall mail the administrative citation and evidence supporting the determination of a violation of subdivision (b) of Division I, Section 7.2.50 to the residential address listed on the Residential Parking Permit application submitted to the SFMTA pursuant to Section 905.
(d) Request for Hearing; Hearing.
(1) A person or entity that has been issued an administrative citation may request an administrative hearing in person, by telephone, or by email in order to contest the citation issued in accordance with this Section. The administrative hearing shall be initiated by filing a request for an administrative hearing with the SFMTA Hearing Division within 15 business days from the date of the citation. Failure to request a hearing in a timely manner or to attend a scheduled hearing shall satisfy the hearing requirement.
(2) Whenever an administrative hearing is requested pursuant to this Section, the SFMTA Hearing Section shall, within fifteen business days of receipt of the request, notify the requestor of the date, time, and place of the administrative hearing by certified mail. Such hearing shall be held no later than thirty (30) calendar days after the SFMTA Hearing Section receives the request, unless time is extended by mutual agreement of the affected parties.
(3) The administrative hearing shall be conducted by a neutral Hearing Officer assigned by the SFMTA Hearing Section. The SFMTA Hearing Section may issue rules as needed to implement this requirement. The parties may present evidence and testimony to the Hearing Officer. All testimony shall be under oath. The Hearing Officer shall ensure that a record of the proceedings is maintained. The burden of proof to uphold the violation shall be on the City, but the administrative citation shall be prima facie evidence of the violation.
(4) The Hearing Officer shall issue a decision including a summary of the issues and the evidence presented, and findings and conclusions, within fifteen (15) business days of the conclusion of the hearing. The Hearing Officer may uphold the penalty imposed by the citation or dismiss the citation. A copy of the decision may be personally delivered to the person contesting the violation or sent by first class mail. The decision shall be a final administrative determination. An aggrieved party may seek judicial review of the decision pursuant to California Code of Civil Procedure Sections 1094.5 and 1094.6.
(e) Payment and Collection of Penalty.
(1) Where a person has not made a timely request for administrative hearing, the penalty shall be due and payable to the SFMTA on or before 15 business days from the date of issuance.
(2) Where a person or entity has made a timely request for administrative hearing, and the violation and penalty have been upheld upon review, the administrative penalty shall be due and payable not later than 10 business days from the date of the notice of decision issued under subparagraph (d)(4).
(3) If a penalty due and payable under paragraphs (1) or (2) remains unpaid after the specified due date, the SFMTA shall send the violator written notice that the penalty is overdue. Penalties that remain unpaid 30 calendar days after the due date shall be subject to a late payment penalty of fifty ($50) dollars. Persons and entities against whom administrative penalties are imposed shall also be liable for the costs and attorney's fees incurred by the SFMTA in bringing any civil action to enforce the provisions of this section, including obtaining a judgment for the amount of the administrative penalty and other costs and charges.
(4) Where there is a nexus between the violation and property in the City owned by the violator, the SFMTA shall further inform the violator that if the amount due is not paid within 30 calendar days from the date of the notice, the SFMTA shall initiate proceedings to make the amount due and all additional authorized costs and charges, including attorneys fees, a lien on the property. Such liens shall be imposed in accordance with Chapter 10, Article XX of the Administrative Code.
(f) Administrative penalties shall be deposited in the Municipal Transportation Fund and may be expended only by the SFMTA.
(Added by SFMTA Bd. Res. No. 12-010, Ad. 1/17/2012, Eff. 2/17/2012)
A fee to reimburse the SFMTA for costs incurred for posting temporary no-parking signs for Special Events, Film Production, and Residential or Commercial Moves based on the number of signs posted. The fee shall be as set forth in the SFMTA Fee and Fine Schedule and adjusted by an Automatic Index under the provisions in Section 301(b).
(Added by SFMTA Bd. Res. No. 12-127, Ad. 10/16/2012, Eff. 11/16/2012; amended by SFMTA Bd. Res. No. 14-061
, Ad. 4/15/2014, Eff. 5/16/2014, Oper. 7/1/2014; SFMTA Bd. Res. No. 16-042
, Ad. 4/5/2016, Eff. 5/6/2016, Oper. 7/1/2016; SFMTA Bd. Res. No. 180403-057, Ad. 4/3/2018, Eff. 5/4/2018, Oper. 7/1/2018; SFMTA Bd. Res. No. 200421-043, Ad. 4/21/2020, Eff. 5/22/2020, Oper. 7/1/2020*; SFMTA Bd. Res. No. 200630-061, Ad. 6/30/2020, Eff. 7/31/2020, Oper. 1/4/2021; SFMTA Bd. Res. No. 220419-036, Ad. 4/19/2022, Eff. 5/20/2022; SFMTA Bd. Res. No. 221018-096, Ad. 10/18/2022, Eff. 11/18/2022; SFMTA Bd. Res. No. 240319-028, Ad. 3/19/2024, Eff. 4/19/2024)
*Editor’s Note:
The operative date of the amendments adopted by Res. No. 200421-043 was altered by Section 2 of Res. No. 200630-061
(Added by SFMTA Bd. Res. No. 14-061
, Ad. 4/15/2014, Eff. 5/16/2014, Oper. 7/1/2014; amended by SFMTA Bd. Res. No. 16-042
, Ad. 4/5/2016, Eff. 5/6/2016, Oper. 7/1/2016; SFMTA Bd. Res. No. 180403-057, Ad. 4/3/2018, Eff. 5/4/2018, Oper. 7/1/2018; SFMTA Bd. Res. No. 200421-043, Ad. 4/21/2020, Eff. 5/22/2020, Oper. 7/1/2020*; SFMTA Bd. Res. No. 200630-061, Ad. 6/30/2020, Eff. 7/31/2020, Oper. 1/4/2021; SFMTA Bd. Res. No. 220419-036, Ad. 4/19/2022, Eff. 5/20/2022; SFMTA Bd. Res. No. 221018-096, Ad. 10/18/2022, Eff. 11/18/2022; repealed by SFMTA Bd. Res. No. 240319-028, Ad. 3/19/2024, Eff. 4/19/2024)
*Editor’s Note:
The operative date of the amendments adopted by Res. No. 200421-043 was altered by Section 2 of Res. No. 200630-061
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