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Full text of "San Francisco Public Works Code"

CITY AND COUNTY OF 

SAN FRANCISCO 

MUNICIPAL CODE 



PUBLIC WORKS CODE 






f 



MUNICIPAL CODE CORPORATION 



Tallahassee, Florida 



2006 



CITY AND COUNTY OF SAN FRANCISCO 
MUNICIPAL CODE 



Charter 

Administrative Code 

Building and Related Technical Codes 

Business and Tax Regulations Code 

Campaign and Governmental Conduct Code 

Environment Code 

Fire Code 

Health Code 

Municipal Elections Code 

Park Code 

Planning Code 

Police Code 

Port Code 

Public Works Code 

Subdivision Code 

Traffic Code 

Zoning Maps 



Supp. No. 1, September 2006 



[INTENTIONALLY LEFT BLANK] 



Supp. No. 1, September 2006 



PREFACE TO THE 
PUBLIC WORKS CODE 



The San Francisco Municipal Code contains ordinances enacted through 
Ordinance 75-08, File Number 071531, Approved May 9, 2008. A 
legislative history, containing ordinance number and approval date, is 
located at the conclusion of most sections. The legislative history of 
ordinances approved after March 1999 also contain Board of Supervi- 
sors file numbers. 



Supp. No. 16, April 2008 



Supp. No. 16, April 2008 



PUBLIC WORKS CODE 

Article Page 

1. GENERAL REQUIREMENTS 3 

2. PUBLIC CONTRACT PROCEDURE (SEE ADMINISTRATIVE CODE) . 5 

2.1. PERMIT FEES AND OCCUPANCY ASSESSMENTS 7 

2.2. [RESERVED] 15 

2.3. HUNTERS POINT SHIPYARD 21 

2.4. EXCAVATION IN THE PUBLIC RIGHT-OF-WAY 31 

3. REGULATIONS IN REGARD TO WORKING CONDITIONS (SEE 
ADMINISTRATIVE CODE) 85 

4. SEWERS 101 

4.1. INDUSTRIAL WASTE 125 

4.2. SEWER SERVICE CHARGE 177 

4.3. SEWERS 199 

5. STREET FLOWER MARKETS 221 

5.1. ANTI-LITTER RECEPTACLES 243 

5.2. TABLES AND CHAIRS IN PUBLIC SIDEWALK OR ROADWAY AREAS. 269 

5.3. DISPLAY OF FRUITS AND VEGETABLES OR NONFOOD 
MERCHANDISE ON PUBLIC SIDEWALKS 291 

5.4. REGULATION OF NEWSRACKS 311 

5.5. DISTRIBUTION OF FREE SAMPLE MERCHANDISE ON PUBLIC 
PROPERTY 375 

5.6. POSTING OF SIGNS ON CITY-OWNED LAMP POSTS OR UTILITY 
POLES 387 

5.7. HANDBILL DISTRIBUTION ON PRIVATE PREMISES; DISPLAY OF 
BANNERS 423 

6. STREET IMPROVEMENT PROCEDURE 445 

6.1. IMPROVEMENT PROCEDURE CODE 513 

7. MAINTENANCE DISTRICTS 613 

8. [RESERVED] 645 

9. UNACCEPTED STREETS 675 

10. [RESERVED] 715 

11. SPUR TRACKS 745 



San Francisco - Public Works Code 2 

Article Page 

12. [RESERVED] 787 

13. ENGINEERING INSPECTION 809 

14. UNDERGROUND PIPES, WIRES AND CONDUITS 841 

15. MISCELLANEOUS 871 

16. URBAN FORESTRY ORDINANCE 955 

16.1. TREE DISPUTE RESOLUTION 985 

17. CONTROL OF DUMPS DISPOSING OF MATERIALS FROM 
CONSTRUCTION OR DEMOLITION 997 

18. UTILITY FACILITIES 1021 

19. PUBLIC TELEPHONE BOOTHS ON PUBLIC SIDEWALKS 1057 

20. ANALYZING THE SOIL FOR HAZARDOUS WASTES 1089 

21. RESTRICTION OF USE OF POTABLE WATER FOR SOIL 
COMPACTION AND DUST CONTROL ACTIVITIES 1109 

22. RECLAIMED WATER USE 1127 

23. GRAFFITI REMOVAL 1171 

24. SHOPPING CARTS 1197 

INDEX 1315 



ARTICLE 1: GENERAL REQUIREMENTS 

Sec. 1. Fair Housing Requirements. 

SEC. 1. FAIR HOUSING 
REQUIREMENTS. 

When considering an application for a permit 
under this Code with respect to the development 
of "dwellings" as defined in Chapter 87 of the 
San Francisco Administrative Code, the Depart- 
ment of Public Works shall comply with that 
Chapter which requires, among other things, 
that the Department of Public Works not base 
any decision regarding the development of "dwell- 
ings" in which "protected class" members are 
likely to reside on information which may be 
discriminatory to any member of a "protected 
class" (as all such terms are defined in Chapter 
87 of the San Francisco Administrative Code). 
(Added by Ord. 303-99, File No. 990494, App. 
12/3/99) 



San Francisco - Public Works Code 



[INTENTIONALLY LEFT BLANK] 



ARTICLE 2: PUBLIC CONTRACT PROCEDURE 
(SEE ADMINISTRATIVE CODE) 



San Francisco - Public Works Code 



[INTENTIONALLY LEFT BLANK] 



ARTICLE 2.1: PERMIT FEES AND OCCUPANCY ASSESSMENTS 



Sec. 2.1.1. Fees. 

Sec. 2.1.2. Fee and Assessment Review and 
Adjustment. 

Sec. 2.1.3. Additional Fees. 

Sec. 2.1.4. Fee and Occupancy Assessment 
Calculation Method. 

SEC. 2.1.1. FEES. 

Notwithstanding the permit fee provisions 
listed elsewhere in this Code, the permit fee and 
assessment schedule for the permit categories 
and uses specifically listed below shall be: 

(a) Street Flower Market Permit pursuant 
to Article 5 (Sections 155 et seq.): $103.36 admin- 
istrative fee and inspection fee of $6.75 per 
square foot of occupancy; 

(b) Tables and Chairs Permit pursuant to 
Article 5.2 (Sections 176 et seq.): administrative 
fee of $52.00 for permit renewal without prior 
Department enforcement action and $104.00 for 
new permits or permit renewal resulting from 
prior Department enforcement action; and in- 
spection fee of $4.80 per square foot of occupancy 
for renewal permits without prior Departmental 
enforcement action, $5.67 per square foot of 
occupancy for new permits, and $6.77 per square 
foot of occupancy for permit renewal resulting 
from prior Departmental enforcement action; 

(c) Display Merchandise Permit pursuant 
to Article 5.3 (Sections 183 et seq.): $112.95 
administrative fee and inspection fee of $7.34 
per square foot of occupancy; 

(d) Street Improvement Permit in an ac- 
cepted or unaccepted right-of-way in order to 
satisfy requirements under Sections 416, 706, 
708, and 724.2: $1010.03 permit fee; 

(i) Street Improvement Permit for Sidewalk 
Repair that is not the subject of a Departmental 
Notice to Repair: $15.99 per 100 square feet 
permit fee; 

(e) Special Sidewalk Permit pursuant to 
Section 703.1: $376.14 permit fee; 



(f) Automobile Runway (Driveway) Permits 
(also known as Curb Reconfiguration Permits) 
pursuant to Sections 715 et seq. 

(i) Standard Permit: $120.43 permit fee; 
and 

(ii) Over-wide Driveway Permit: $969.30 per- 
mit fee; 

(g) Pipe Barrier Permit pursuant to Section 
723.1 

(i) Standard Permit: $969.30 permit fee; 
and 

(ii) Security Bollard Barrier: $1,943.80 per- 
mit fee; 

(h) Minor Sidewalk Encroachment Permit 
(also known as a Minor Encroachment Permit) 
pursuant to Section 723.2 

(i) Standard Permit: $938.39 permit fee, 
and, if applicable pursuant to Section 723. 2(m), 
the annual public right-of-way occupancy assess- 
ment fee; 

(ii) Underground Storage Tank Abandon- 
ment: $275.80 permit fee; and 

(iii) Underground Vault, which shall be com- 
prised of (A) a permit fee of $973.80 and (B) an 
annual public right-of-way occupancy assess- 
ment fee of $12.58 per square foot of occupied 
space; 

(i) Debris Box Permit pursuant to Section 
725 

(i) 7-day Permit: $83.12 permit fee; and 

(ii) Annual Permit: $551.62 permit fee; 

(j) Street Encroachment Permit (also known 
as a Major Encroachment Permit) pursuant to 
Section 786: $3,643.66 permit fee and the annual 
public right-of-way occupancy assessment fee in 
Section 786.7; 

(k) Commemorative Plaque Permit pursu- 
ant to Section 789.2: $1,162.63 permit fee; 

(1) If any of the abovementioned permits are 
associated with a Street Improvement Permit, 
the permit fee is the Street Improvement Permit 



Supp. No. 13, January 2008 



Sec. 2.1.1. 



San Francisco - Public Works Code 



fee plus $133.20 for each additional permit un- 
less the fee for said permit is less, in which case 
the additional fee is the lower permit fee amount; 

(m) Under permit categories in Subsections 
(d), (e), or (f), if the permit is associated with a 
Department of Public Works Notice to Repair, 
the permit fee is $330.32 per permit; and 

(n) Under permit categories in Subsections 
(e), (g), or (h)(i), if the permit is associated with a 
subdivision map approval, the permit fee is 
$133.20 per permit. (Added by Ord. 151-03, File 
No. 030830, 6/27/2003; Ord. 197-07, File No. 
070811, App. 8/3/2007; Ord. 7-08, File No. 071521, 
App. 1/18/2007) 

SEC. 2.1.2. FEE AND ASSESSMENT 
REVIEW AND ADJUSTMENT. 

(a) Beginning with fiscal year 2008-2009, 
the fees and occupancy assessment costs which 
are established for the permit categories and 
uses set forth in section 2.1.1 for fiscal year 
2007-2008 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 15th of each year, the Director shall 
submit the Department's current fees and occu- 
pancy assessment costs schedule to the Control- 
ler, who shall apply the price index adjustment 
to produce a new fee schedule and occupancy 
assessment for the following year. No later than 
May 15th 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 fees produce suffi- 
cient revenue to support the costs of providing 
the services for which the fee is charged and (b) 
the fees do not produce revenue that exceeds the 
costs of providing the services for which each 
permit fee is charged. Notwithstanding the pro- 
cedures set forth in this Section, the Board of 
Supervisors, in its discretion, may modify the 
fees or occupancy assessment costs by ordinance 
at any time. (Added by Ord. 151-03, File No. 
030830, 6/27/2003; Ord. 197-07, File No. 070811, 
App. 8/3/2007) 



SEC. 2.1.3. ADDITIONAL FEES. 

In instances where administration or process- 
ing of any permit is or will exceed the fee amount 
established pursuant to section 2.1.1, the Direc- 
tor, in his or her discretion, may require an 
applicant or permittee to pay a sum in excess of 
the subject fee amounts. This additional sum 
shall be sufficient to recover actual costs that the 
Department incurs and shall be charged on a 
time and materials basis. The Director also may 
charge for any time and materials costs that 
other agencies, boards, commissions, or depart- 
ments of the City incur in connection with the 
processing or administration of a particular ap- 
plication or permit. Whenever additional fees are 
or will be charged, the Director, upon request of 
the applicant or permittee, shall provide in writ- 
ing the basis for the additional fees or an esti- 
mate of the additional fees to be charged. (Added 
by Ord. 151-03, File No. 030830, 6/27/2003) 

SEC. 2.1.4. FEE AND OCCUPANCY 
ASSESSMENT CALCULATION METHOD. 

Establishment of the fees for each permit 
category and use specified in section 2.1.1 shall 
be based on the Department's actual costs to 
process and administer the particular permit 
category or use. Said fees may include the actual 
costs that other agencies, boards, commissions, 
or departments of the City incur in connection 
with the processing or administration of a par- 
ticular permit category or use. The occupancy 
assessment costs specified in section 2.1.1 shall 
be based on fgiir market value. The Director shall 
codify the fee and assessment schedule by de- 
partmental order. Any adjustment in fees and 
assessments pursuant to section 2.1.2 also shall 
be codified by departmental order. The fee and 
assessment schedule shall be effective on the 
date that the departmental order is issued, but 
in no case shall the schedule become effective 
before the beginning of the fiscal year for which 
the schedule has been established or adjusted. 
(Added by Ord. 151-03, File No. 030830, 6/27/ 
2003) 



[The next page is 15] 



Supp. No. 13, January 2008 



ARTICLE 2.2: [RESERVED] 



15 



San Francisco - Public Works Code 16 



[The next page is 21] 



ARTICLE 2.3: HUNTERS POINT SHIPYARD 



Sec. 2.3.1. Hunters Point Shipyard 

Permitting. 
Sec. 2.3.2. Permit Approval. 
Sec. 2.3.3. Permit Application Notification. 



and of the permittee's responsibility to comply. 
(Added by Ord. 300-04, File No. 041538, App. 
12/24/2004) 



SEC. 2.3.1. HUNTERS POINT SHIPYARD 
PERMITTING. 

Notwithstanding any other provision of this 
Code, applicants for any permit for Hunters 
Point Shipyard Parcel A, which involves the 
disturbance of at least 50 cubic yards (38.23m^) 
of soil or the extraction or management of ground- 
water, except for purposes of environmental char- 
acterization, shall comply with the requirements 
of Article 31 of the Health Code. Hunters Point 
Shipyard Parcel A is that area of the City and 
County of San Francisco shown on Figure 1-1, 
which is maintained for public distribution by 
the Director. A copy of said figure is on file with 
the Clerk of the Board of Supervisors in File No. 
041538. (Added by Ord. 300-04, File No. 041538, 
App. 12/24/2004) 

SEC. 2.3.2. PERMIT APPROVAL. 

No permit application subject to the require- 
ments of this Section 2.3.1 shall be deemed to be 
complete until the Department receives written 
notification from the Director of Public Health 
that the applicant has complied with all appli- 
cable provisions of Article 31 of the Health Code. 
Approvals or conditions imposed in writing by 
Department of Public Health shall become con- 
ditions of the permit issued by the Department, 
and violation of such approvals or conditions 
shall be deemed a violation of the permit. (Added 
by Ord. 300-04, File No. 041538, App. 12/24/ 
2004) 

SEC. 2.3.3. PERMIT APPLICATION 
NOTIFICATION. 

All applications for permits subject to Section 
2.3.1 shall bear notice of the above requirements 



21 



San Francisco - Public Works Code 22 



[The next page is 31] 



ARTICLE 2.4: EXCAVATION IN THE PUBLIC RIGHT-OF-WAY 



SUBARTICLE I 
GENERAL PROVISIONS 

Sec. 2.4.1. Excavation in the Public 

Right-of-Way. 
Sec. 2.4.2. Permits Required to Excavate. 
Sec. 2.4.3. Department Orders and 

Regulations. 
Sec. 2.4.4. Definitions. 

SUBARTICLE II 

APPLICATIONS FOR PERMITS TO 

PERFORM AN EXCAVATION 

Sec. 2.4.10. Applications. 

Sec. 2.4.11. Coordination of Excavation. 

Sec. 2.4.12. Joint Excavation. 

Sec. 2.4.13. Transit, Pedestrian, and Bicycle 
Improvements as Part of 
Planning, Construction, 
Reconstruction, and Repaving 
Projects. 

SUBARTICLE III 
PERMITS TO EXCAVATE 

Sec. 2.4.20. Action on Applications for 
Permits to Excavate. 

4.20.1. Terms and Limitations. 

4.20.2. Duration and Validity. 

4.20.3. Permit Amendments. 

4.20.4. Nontransferability of Permits. 

4.21. Moratorium Streets. 

4.22. Emergency Excavation. 

4.23. Liability and Indemnification. 

4.24. Permit to be Available at 
Excavation Site. 



Sec 
Sec 
Sec 
Sec. 2 
Sec. 2 
Sec. 2 
Sec. 2 
Sec. 2 



SUBARTICLE IV 
DEPOSITS AND FEES 

Sec. 2.4.40. Deposit. 

Sec. 2.4.41. Administrative Fee. 

Sec. 2.4.42. Inspection Fee. 



Sec. 2.4.43. Additional Fees for Excavation. 
Sec. 2.4.44. Reserved. 

Sec. 2.4.45. Report to Board of Supervisors 
and Procedures for Fee 
Adjustments. 

Sec. 2.4.46. Collection, Return, and Refund 
of Deposit and Fees. 

SUBARTICLE V 
EXCAVATIONS 

Sec. 2.4.50. Notices. 

Sec. 2.4.51. Notice for Marking of 

Subsurface Facilities. 
Sec. 2.4.52. Limits upon Excavation in the 

Public Right-of-Way. 
Sec. 2.4.53. Regulations Concerning 

Excavation Sites. 
Sec. 2.4.54. Stop Work Order, Permit 

Modification, and Permit 

Revocation. 
Sec. 2.4.55. Restoration of the Public 

Right-of-Way. 

SUBARTICLE VI 
POST-EXCAVATION REPAIR, 

MAINTENANCE, AND PAVEMENT 
FAILURE 

Sec. 2.4.70. Repair and Maintenance 

Obligation of Owner and Agent. 

Sec. 2.4.71. Subsurface or Pavement 
Failures. 

Sec. 2.4.72. Repair by the Department. 

Sec. 2.4.73. Emergency Remediation by the 
Department. 

SUBARTICLE VII 
VIOLATION OF ARTICLE 

Sec. 2.4.80. Violation of Article. 

Sec. 2.4.81. Administrative Penalties and 

Costs. 
Sec. 2.4.82. Civil Penalties and Fees. 



31 



Supp. No. 9, June 2007 



San Francisco - Public Works Code 



32 



Sec. 2.4.83. Criminal Fines. 

Sec. 2.4.84. Deposit of Penalties into 

Excavation Fund. 
Sec. 2.4.85. Suspension of Action on 

Applications. 

SUBARTICLE VIII 
MISCELLANEOUS PROVISIONS 

Sec. 2.4.90. Abandonment of Underground 
Facilities, Reports, and Maps. 

Sec. 2.4.91. Identification of Visible 
Facilities. 

Sec. 2.4.92. City's Obligation. 

Sec. 2.4.93. Time Limitation on 

Commencement of Actions. 
Sec. 2.4.94. Severability. 

SUBARTICLE I 
GENERAL PROVISIONS 

SEC. 2.4.1. EXCAVATION IN THE 
PUBLIC RIGHT-OF-WAY. 

This Article 2.4 shall govern excavation in 
the public right-of-way within the City that is 
under the jurisdiction and control of the Depart- 
ment of Public Works. The Director of Public 
Works shall be responsible for managing the 
public right-of-way. (Added by Ord. 341-98, App. 
11/13/98) 

SEC. 2.4.2. PERMITS REQUIRED TO 
EXCAVATE. 

(a) It is unlawful for any person to make or 
to cause or permit to be made any excavation in 
any public right-of-way that is under the juris- 
diction of the Department of Public Works with- 
out first obtaining from the Department a permit 
authorizing such excavation. 

(b) The Department shall issue a permit to 
excavate only if the owner has the legal author- 
ity to occupy and use the public right-of-way for 
the purposes identified in the application for the 
permit and the owner and its agent, if any, are in 
compliance with this Article. 

(c) No permit to excavate shall be required 
when an excavation is to be completed within a 
period of 24 hours or less to install a parking 



meter, street light, street tree, traffic sign, traffic 
signal, or utility pole or to repair a utility box in 
a sidewalk; or when an excavation is in connec- 
tion with the construction or maintenance of a 
subsidewalk basement; or when an excavation is 
performed for the sole purpose of repairing a 
sidewalk. 

(d) Permit requirements pertaining to emer- 
gency excavation are addressed in Section 2.4.22. 
(Added by Ord. 341-98, App. 11/13/98; amended 
by Ord. 33-02, File No. 020051, App. 3/28/2002) 

SEC. 2.4.3. DEPARTMENT ORDERS AND 
REGULATIONS. 

In addition to the requirements set forth in 
this Article, the Department may adopt such 
orders or regulations as it deems necessary in 
order to preserve and maintain the public health, 
safety, welfare, and convenience. Each excava- 
tion in the public right-of-way pursuant to this 
Article shall be performed in accordance with the 
standard plans and specifications of the Depart- 
ment and any Department orders or regulations, 
except where the Director, in his or her discre- 
tion, grants prior written approval to deviate 
from such standard plans and specifications, 
orders, or regulations. The Director shall develop 
guidelines to implement the granting of waivers 
authorized pursuant to this Article. Further- 
more, excavation in the public right-of-way shall 
conform to the orders, regulations, and rules of 
the Department of Parking and Traffic, includ- 
ing, but not limited to, the regulations adopted in 
accordance with Article 11 of the San Francisco 
Traffic Code (the "Blue Book"). (Added by Ord. 
341-98, App. 11/13/98) 

SEC. 2.4.4. DEFINITIONS. 

For purposes of this Article, the following 
terms shall have the following meanings: 

(a) "Agent" shall mesin a person or persons 
authorized to assist an owner in the permitting 
process or in the performance of an excavation. 

(b) "Applicant" shall mean an owner or duly 
authorized agent of such owner, who has submit- 
ted an application for a permit to excavate. 



Supp. No. 9, June 2007 



33 



Excavation in the Public Right-Of-Way 



Sec. 2.4.4. 



(c) "Article" shall mean this Article 2.4 of 
the Public Works Code. 

(d) "Block" shall mean that part of the pub- 
lic right-of-way that includes the street area 
from the property line to the parallel property 
line in width and extending from the property 
line of an intersecting street to the nearest 
property line of the next intersecting street in 
length. For purposes of this definition, an inter- 
section also shall be considered a "block." 

(e) "City" shall mean the City and County of 
San Francisco. 

(f) "Department" shall mean the Depart- 
ment of Public Works. 

(g) "Deposit" shall mean any bond, cash 
deposit, or other security provided by the appli- 
cant in accordance with Section 2.4.40 of this 
Article. 

(h) "Director" shall mean the Director of the 
Department of Public Works or his or her desig- 
nee. 

(i) "Excavation" shall mean any work in the 
surface or subsurface of the public right-of-way, 
including, but not limited to opening the public 
right-of-way; installing, servicing, repairing or 
modifying any facility(ies) in or under the sur- 
face or subsurface of the public right-of-way, and 
restoring the surface and subsurface of the pub- 
lic right-of-way. 

Cj) "Facihty" or "facilities" shall include, but 
not be limited to, any and all cables, cabinets, 
ducts, conduits, converters, equipment, drains, 
handholds, manholes, pipes, pipelines, splice 
boxes, surface location markers, tracks, tunnels, 
utilities, vaults, and other appurtenances or tan- 
gible things owned, leased, operated, or licensed 
by an owner or person, that are located or are 
proposed to be located in the public right-of-way. 

(k) "Large excavation project" shall mean 
any excavation of more than 1000 square feet. 

(1) "Major work" shall mean any reasonably 
foreseeable excavation that will affect the public 
right-of-way for more than 15 consecutive calen- 
dar days. 



(m) "Medium excavation project" shall mean 
any excavation of more than 100 but no greater 
than 1,000 square feet. 

(n) "Moratorium street" shall mean any block 
that has been reconstructed, repaved, or resur- 
faced by the Department or any other owner or 
person in the preceding five-year period. 

(o) "Municipal excavator" shall mean any 
agency, board, commission, department, or sub- 
division of the City that owns, installs, or main- 
tains a facility or facilities in the public right-of- 
way. 

(p) "Owner" shall mean any person, includ- 
ing the City, who owns any facility or facilities 
that are or are proposed to be installed or main- 
tained in the public right-of-way 

(q) "Permit" or "permit to excavate" shall 
mean a permit to perform an excavation as it has 
been approved, amended, or renewed by the 
Department. 

(r) "Permittee" shall mean the applicant to 
whom a permit to excavate has been granted by 
the Department in accordance with this Article. 

(s) "Person" shall mean any natural person, 
corporation, partnership, any municipal excava- 
tor, or any governmental agency, including the 
State of California or United States of America. 

(t) "Public right-of-way" shall mean the area 
across, along, beneath, in, on, over, under, upon, 
and within the dedicated public alleys, boule- 
vards, courts, lanes, roads, sidewalks, spaces, 
streets, and ways within the City, as they now 
exist or hereafl:er will exist and which are or will 
be under the permitting jurisdiction of the De- 
partment of Public Works. 

(u) "Responsible party" shall mean the owner 
for each excavation involving the owner's facility 
or facilities. In addition, it shall mean any per- 
son who performs an excavation or has a duty or 
right to manage or participate in the manage- 
ment of an excavation and whom the Director 
designates as responsible, in whole or in part, for 
such excavation. 

(v) "Sidewalk" shall mean the area between 
the fronting property line and the back of the 
nearest curb. 



Sec. 2.4.4. 



San Francisco - Public Works Code 



34 



(w) "Small excavation project" shall mean 
any excavation of 100 square feet or less. 

(x) "Utility excavator" shall mean any owner 
whose facility or facilities in the public right-of- 
way are used to provide electricity, gas, informa- 
tion services, sewer service, steam, telecommu- 
nications, traffic controls, transit service, video, 
water, or other services to customers regardless 
of whether such owner is deemed a public utility 
by the California Public Utilities Commission. 
(Added by Ord. 341-98, App. 11/13/98; amended 
by Ord. 33-02, File No. 020051, App. 3/28/2002) 

SUBARTICLE II 

APPLICATIONS FOR PERMITS TO 

PERFORM AN EXCAVATION 

SEC. 2.4.10. APPLICATIONS. 

(a) Applications shall be submitted in a 
format and manner specified by the Department 
and shall contain: 

(i) The name, address, telephone, and fac- 
simile number of the applicant. Where an appli- 
cant is not the owner of the facility to be in- 
stalled, maintained, or repaired in the public 
right-of-way, the application also shall include 
the name, address, telephone, and facsimile num- 
ber of the owner; 

(ii) A description of the location, purpose, 
method of excavation, and surface and subsur- 
face area of the proposed excavation; 

(iii) A plan showing the proposed location 
and dimensions of the excavation and the facili- 
ties to be installed, maintained, or repaired in 
connection with the excavation, and such other 
details as the Department may require; 

(iv) A copy or other documentation of the 
franchise, easement, encroachment permit, li- 
cense, or other legal instrument that authorizes 
the applicant or owner to use or occupy the 
public right-of-way for the purpose described in 
the application. Where the applicant is not the 
owner of the facility or facilities to' be installed, 
maintained, or repaired, the applicant must dem- 
onstrate in a form and manner specified by the 
Department that the applicant is authorized to 
act on behalf of the owner; 



(v) The proposed start date of excavation; 

(vi) The proposed duration of the excava- 
tion, which shall include the duration of the 
restoration of the pubUc right-of-way physically 
disturbed by the excavation; 

(vii) Written acknowledgment that all ma- 
terial to be used in the excavation, installation, 
maintenance, or repair of facilities, and restora- 
tion of the public right-of-way will be on hand 
and ready for use so as not to delay the excava- 
tion and the prompt restoration of the public 
right-of-way; 

(viii) Written acknowledgment that the 
owner and its agent, if any, are in compliance 
with all terms and conditions of this Article, the 
orders, regulations, and standard plans and speci- 
fications of the Department, and that the owner 
and its agent are not subject to any outstanding 
assessments, fees, penalties that have been fi- 
nally determined by the City or a court of com- 
petent jurisdiction; 

(ix) A current Business Tax Registration 
Certificate issued by the San Francisco Tax Col- 
lector pursuant to Section 1003 of Part III of the 
San Francisco Municipal Code for the owner and 
its agent, if any; 

(x) Evidence of insurance as required by 
Section 2.4.23 of this Article; 

(xi) A deposit as required by Section 2.4.40 
of this Article; 

(xii) Any other information that may rea- 
sonably be required by the Department. 

(b) The Department may allow an applicant 
to maintain documents complying with Subsec- 
tions (iv), (ix), (x), and (xi) on file with the 
Department rather than requiring submission of 
such documents with each separate application. 
(Added by Ord. 341-98, App. 11/13/98; amended 
by Ord. 33-02, File No. 020051, App. 3/28/2002) 

SEC. 2.4.11. COORDINATION OF 
EXCAVATION. 

(a) Five-Year Plans. 

(i) On the first day of April and October, or 
the first regular business day immediately there- 
after, each utility and municipal excavator shall 
prepare and submit to the Department a plan, in 



35 



Excavation in the Public Right-Of-Way 



Sec. 2.4.12. 



a format specified by the Department, that shows 
all major work anticipated to be done in the 
public right-of-way in the next five years. Any 
utility or municipal excavator that does not 
propose major work in the next five years shall 
submit a plan with a statement that no such 
major work is anticipated and shall immediately 
report any major work to the Department as 
soon as it becomes reasonably foreseeable. 

(ii) The Department may disclose informa- 
tion contained in a five-year plan to any utility 
excavator or municipal excavator only on a need- 
to-know basis in order to facilitate coordination 
among excavators and to avoid unnecessary ex- 
cavation in City streets. To the maximum extent 
permissible under federal, State, and local laws 
applicable to public records, the City shall not 
otherwise disclose to the public any information 
contained in a five-year plan submitted by a 
utility excavator that is proprietary, trade secret 
or is otherwise protected from disclosure; pro- 
vided, however that the City shall have no duty 
to decline to disclose any information that the 
utility excavator has not identified on its face as 
proprietary, trade secret or otherwise protected 
from disclosure. The Department shall notify a 
utility excavator of any request for inspection of 
public records that calls for disclosure of any 
five-year plan on which any information has 
been identified as proprietary, trade secret or 
otherwise protected from disclosure. The Depart- 
ment shall consult with the City Attorney regard- 
ing any such request and shall inform the af- 
fected utiHty excavator either that the Department 
will refuse to disclose the protected information 
or, if there is no proper basis for such refusal, 
that the Department intends to disclose the 
requested information unless ordered otherwise 
by a court. 

(b) Department Repaving Plans. 

(i) The Department shall prepare a five- 
year repaving plan showing all proposed repav- 
ing and reconstruction of the public right-of-way. 
The Department's repaving plan shall be revised 
and updated on a semiannual basis after receipt 
of the five-year plans from utility and municipal 
excavators. In order to facilitate coordination 



and minimize the cost of excavation, the Depart- 
ment shall make its repaving plan available for 
public inspection. 

(ii) At least one hundred twenty calendar 
days prior to undertaking the repaving and re- 
construction of any block, the Department shall 
send a notice of the proposed repaving and 
reconstruction to each utility and municipal ex- 
cavator. 

(c) Coordination. 

(i) The Department shall review the five- 
year plans and identify conflicts and opportuni- 
ties for coordination of excavations. The Depart- 
ment shall notify affected owners and permittees 
of such conflicts and opportunities to the extent 
necessary to maximize coordination of excava- 
tion. Each applicant shall coordinate, to the 
extent practicable, with each potentially affected 
owner and permittee to minimize disruption in 
the public right-of-way. 

(ii) When two or more applicants coordinate 
major work in the same block so that, in the 
opinion of the Department, such major work 
minimizes disruption to the affected neighbor- 
hood, and is likely to qualify the block for repav- 
ing, the Department shall make its best effort to 
schedule the affected block for repaving. Such 
scheduling shall occur, to the extent funds are 
available in the Street Damage Restoration Fund, 
so that the applicants may qualify for a waiver of 
the street damage restoration fee under Section 
2.4.44(b)(ii). Notwithstanding the foregoing, noth- 
ing in this subsection shall interfere with the 
Department's authority to allocate available re- 
paving resources in a manner that it determines 
best serves the public interest. (Added by Ord. 
341-98, App. 11/13/98) 

SEC. 2.4.12. JOINT EXCAVATION. 

(a) Municipal Excavators. Whenever two 
or more municipal excavators propose major 
work in the same block within a five-year period, 
such work shall be performed by one municipal 
excavator. The participants to the excavation 
shall pay their pro rata share of the work. For 



Sec. 2.4.12. 



San Francisco - Public Works Code 



36 



purposes of this subsection, the municipal exca- 
vators shall be treated as a single applicant and 
shall submit one application. 

(b) Utility Excavators. Whenever two or 
more utility excavators propose major work in 
the same block within a five-year period, such 
work shall be performed by one utility excavator. 
For purposes of this subsection, the utility exca- 
vators shall be treated as a single applicant and 
shall submit one application. 

(c) Municipal Excavator and Utility Ex- 
cavator. Whenever a municipal excavator(s) and 
a utility excavator(s) propose major work in the 
same block within a five-year period, the Depart- 
ment shall condition permits for such work in a 
manner that maximizes coordination and mini- 
mizes the total period of construction. 

(d) Waiver of Joint Excavation Require- 
ments. Applicants may seek a waiver of the joint 
excavation requirements with respect to a par- 
ticular excavation. Within 30 calendar days of 
receipt of a written request for a waiver, the 
Director, in his or her discretion, may grant a 
waiver to the joint excavation requirements for 
good cause. In making his or her decision on the 
request for waiver, the Director shall consider 
the impact of the proposed excavation on the 
neighborhood, the applicant's need to provide 
services to a property or area, facilitating the 
deplojnnent of new technology as directed pursu- 
ant to official City policy, and the public health, 
safety, welfare, and convenience. The Director 
shall indicate in written, electronic, or facsimile 
communication the basis for granting any waiver 
pursuant to this subsection. The Director may 
place additional conditions on any permit(s) sub- 
ject to a waiver, including, but not limited to, the 
charging of additional fees pursuant to Section 
2.4.43. The Director's decision regarding waivers 
of the joint excavation requirements shall be 
final. (Added by Ord. 341-98, App. 11/13/98) 

SEC. 2.4.13. TRANSIT, PEDESTRIAN, 
AND BICYCLE IMPROVEMENTS AS 
PART OF PLANNING, CONSTRUCTION, 
RECONSTRUCTION, AND REPAYING 
PROJECTS. 

(a) Whenever the Department or other Mu- 
nicipal Excavator undertakes a project involving 
the planning, construction, reconstruction, or 



repaving of a public right-of-way, such project 
shall include, to the maximum extent practicable 
and feasible, the following transit, pedestrian, 
and bicycle improvements: 

(1) Street and pedestrian-scale sidewalk 
lighting; 

(2) Pedestrian and bicycle safety improve- 
ment measures, as established in any official 
City adopted bicycle or pedestrian safety plan or 
other City adopted planning documents; 

(3) Appropriate access in accordance with 
the Americans with Disabilities Act; 

(4) Public transit facilities accommodation, 
including, but not limited to designation of the 
right-of-way as a transit preferential street des- 
ignation or bus rapid transit corridor; 

(5) Traffic calming devices; 

(6) Landscaping; 

(7) Streetscape amenities; and 

(8) Other street and sidewalk improve- 
ments consistent with the City's "transit first" 
policy. 

(b) The Director, in consultation with the 
Executive Director of the Municipal Transporta- 
tion Agency, Department of Public Health, and 
other affected City departments, including the 
Planning Department and Department on the 
Environment, shall develop orders, regulations, 
or amendments to the Department's Standard 
Plans and Specifications that address the im- 
provements set forth in Subsection (a). 

(c) To the maximum extent practicable and 
feasible, the Director shall condition all excava- 
tion and street improvement permits on the 
inclusion of the improvements set forth in Sub- 
section (a). If such conditions would exceed the 
Director's regulatory authority, the Director shall 
coordinate with other City departments to pro- 
vide, to the maximum extent practicable and 
feasible, said improvements on behalf of the City. 
As part of the decision on any permit or autho- 
rization pursuant to the Public Works Code, the 
Director shall take into account the permit 
activity's positive and negative impacts on the 



37 



Excavation in the Public Right-Of-Way 



Sec. 2.4.20.3. 



integration, enhancement, or preservation of the 
improvements set forth in Subsection (a). (Added 
by Ord. 209-05, File No. 050591, App. 8/18/2005) 

SUBARTICLE III 
PERMITS TO EXCAVATE 

SEC. 2.4.20. ACTION ON APPLICATIONS 
FOR PERMITS TO EXCAVATE. 

(a) After receipt of an appUcation for a 
permit to excavate, the Department, within a 
reasonable time period, shall determine whether 
an application is complete. 

(b) If the application is deemed to be incom- 
plete, the Depairtment promptly shall advise the 
applicant in a written, electronic, or facsimile 
communication of the reasons for rejecting the 
application as incomplete. 

(c) If the application is deemed to be com- 
plete, the Department, in its discretion, may 
deny, approve, or conditionally approve the ap- 
plication. 

(i) If the application is approved or condi- 
tionally approved, the Department shall issue a 
permit to the applicant. The Department may 
condition a permit with specified requirements 
that preserve and maintain the public health, 
safety, welfare, and convenience. The Depart- 
ment shall inform the permittee of the basis for 
such requirements. 

(ii) If the application is denied, the Depart- 
ment shall advise the applicant in a written, 
electronic, or facsimile communication of the 
basis for denial. (Added by Ord. 341-98, App. 
11/13/98) 

SEC. 2.4.20.1. TERMS AND 
LIMITATIONS. 

The permit shall specify the location, extent, 
and method of the excavation, the start date and 
duration of the excavation, the permittee to 
whom the permit is issued, and any conditions 
placed on the permit. The terms and conditions 
of the permit shall include the application, all 
information submitted therewith, and all Depart- 
ment orders and regulations applicable to the 



permit. The Department must approve any and 
all modifications to the permit. (Added by Ord. 
341-98, App. 11/13/98; amended by Ord. 33-02, 
File No. 020051, App. 3/28/2002) 

SEC. 2.4.20.2. DURATION AND 
VALIDITY. 

Permits shall be void if the excavation has 
not begun within 30 calendar days of the start 
date specified in the permit, if the excavation is 
not prosecuted diligently to its conclusion, or if 
the excavation, including restoration, has not 
been completed within the specified duration; 
provided, however, that the Director, at his or 
her discretion, may issue extensions to the start 
date, the duration of excavation, or both upon 
written request from the permittee. Such writ- 
ten requests must explain why the work could 
not be commenced on the start date, completed 
in the approved number of calendar days, or 
both; shall specify the additional number of 
calendar days required to complete the work; 
and shall be accompanied by applicable fees 
specified in Subarticle IV. All requests to modify 
the start date of an excavation shall be made at 
least five (5) calendar days prior to the excava- 
tion start date. All requests to modify the dura- 
tion of the excavation shall be made at least five 
(5) calendar days prior to the permit expiration 
date. Any extension that the Director grants may 
be subject to additional special conditions, includ- 
ing, but not limited to, conditions that ensure 
timely completion and coordination of the project. 
The Director shall not grant requests for exten- 
sions to the start date after the permitted start 
date nor shall the Director grant requests for 
extensions to the duration of the excavation after 
the permit expiration date. (Added by Ord. 341- 
98, App. 11/13/98; amended by Ord. 33-02, File 
No. 020051, App. 3/28/2002) 

SEC. 2.4.20.3. PERMIT AMENDMENTS. 

The Director, at his or her sole discretion, 
may allow amendments to the permit, such as to 
change the method of construction, to advance 
the start date of the excavation, or modify permit 
conditions, upon written request from the per- 
mittee. Such requests shall explain the basis for 



Sec. 2.4.20.3. 



San Francisco - Public Works Code 



38 



the permit amendment and shall be accompa- 
nied by applicable fees specified in Subarticle IV. 
Any amendments that the Director grants may 
be subject to additional special conditions, includ- 
ing, but not limited to, conditions that ensure 
timely completion and coordination of the project. 
The Director shall not grant requests for amend- 
ments to the excavation after the permit expira- 
tion date. (Added by Ord. 33-02, File No. 020051, 
App. 3/28/2002) 

SEC. 2.4.20.4. NONTRANSFERABILITY 
OF PERMITS. 

Permits are not transferable. (Added by Ord. 
341-98, App. 11/13/98; amended by Ord. 33-02, 
File No. 020051, App. 3/28/2002) 

SEC. 2.4.21. MORATORIUM STREETS. 

The Department shall not issue any permit 
to excavate in any moratorium street; provided, 
however, that the Director, in his or her discre- 
tion, may grant a waiver for good cause. The 
Director is specifically authorized to grant a 
waiver for an excavation that facilitates the 
deplojnnent of new technology as directed pursu- 
ant to official City policy. The Director shall issue 
his decision on a waiver within a reasonable 
period after receipt of a written request for a 
waiver. The Director may place additional condi- 
tions on a permit subject to a waiver, including, 
but not limited to, the charging of additional fees 
pursuant to Section 2.4.43. The Director's deci- 
sion regarding a waiver shall be final. (Added by 
Ord. 341-98, App. 11/13/98) 

SEC. 2.4.22. EMERGENCY EXCAVATION. 

Nothing contained in this Article shall be 
construed to prevent any person from taking any 
action necessary for the preservation of life or 
property or for the restoration of interrupted 
service provided by a municipal or utility exca- 
vator when such necessity arises during days or 
times when the Department is closed. In the 
event that any person takes any action to exca- 
vate or cause to be excavated the public right-of- 
way pursuant to this Section, such person shall 
apply for an emergency permit within four hours 
after the Department's offices are first opened. 



The applicant for an emergency permit shall 
submit a written statement of the basis of the 
emergency action and describe the excavation 
performed and any work remaining to be per- 
formed. (Added by Ord. 341-98, App. 11/13/98) 

SEC. 2.4.23. LIABILITY AND 
INDEMNIFICATION. 

Each permit, except one obtained by a mu- 
nicipal excavator, shall incorporate by reference 
and require the owner and its agent, if any, to 
comply with the liability, indemnity, insurance, 
and taxable possessory interest provisions set 
forth below in this Section; provided, however, 
that the Director, with the concurrence of the 
City Controller and City Risk Manager, may 
modify the indemnity and insurance provisions 
as they pertain to a particular permit. 

(a) Liability upon Owner and Agent. 
Each owner and its agent is wholly responsible 
for the quality of the excavation performed in the 
public right-of-way and both the owner and agent 
are jointly and severally liable for all conse- 
quences of any condition of such excavation and 
any facilities installed in the public right-of-way. 
The issuance of any permit, inspection, repair, or 
suggestion, approval, or acquiescence of any per- 
son affiliated with the Department shall not 
excuse any owner or agent from such responsi- 
bility or liability. 

(b) Indemnification, Defense, and Hold 
Harmless. 

(i) Each owner and agent shall agree on its 
behalf and that of any successor or assign to 
indemnify, defend, protect, and hold harmless 
the City, including, without limitation, each of its 
commissions, departments, officers, agents, and 
employees (hereinafter in this subsection collec- 
tively referred to as "San Francisco") from and 
against any and all actions, claims, costs, dam- 
ages, demands, expenses, fines, injuries, judg- 
ments, liabilities, losses, penalties, or suits in- 
cluding, without limitation, attorneys' fees and 
costs (collectively, "claims") of any kind allegedly 
arising directly or indirectly from: 

(1) Any act by, omission by, or negligence of, 
owner or its agent, contractors, subcontractors, 
or the officers, agents, or employees such enti- 



39 



Excavation in the Public Right-Of-Way 



Sec. 2.4.23. 



ties, while engaged in the performance of the 
excavation authorized by the permit, or while in 
or about the property subject to the permit for 
any reason connected in any way whatsoever 
with the performance of the excavation autho- 
rized by the permit, or allegedly resulting di- 
rectly or indirectly from the maintenance or 
installation of any equipment, facility(ies), or 
structures authorized under the permit; 

(2) Any accident, damage, death, or injury 
to any contractor or subcontractor, or any officer, 
agent or employee of either of them, while en- 
gaged in the performance of the excavation au- 
thorized by the permit, or while in or about the 
property for any reason connected with the per- 
formance of the excavation authorized by the 
permit, or arising from liens or claims for ser- 
vices rendered or labor or materials furnished in 
or for the performance of the excavation autho- 
rized by the permit; 

(3) Any accident, damage, death, or injury 
to any person(s) or accident, damage, or injury to 
any real or personal property in, upon, or in any 
way allegedly connected with the excavation 
authorized by the permit from any cause or 
claims arising at any time; and, 

(4) Any release or discharge, or threatened 
release or discharge, of any hazardous material 
caused or allowed by permittee about, in, on, or 
under the excavation site subject to the permit or 
the environment. As used herein, "hazardous 
material" means any gas, material, substance, or 
waste which, because of its quantity, concentra- 
tion, or physical or chemical characteristics, is 
deemed by any federal, state, or local governmen- 
tal authority to pose a present or potential haz- 
ard to human health or safety or to the environ- 
ment. "Release" when used with respect to 
hazardous materials shall include any actual or 
imminent disposing, dumping, emitting, empty- 
ing, escaping, injecting, leaching, leaking, pump- 
ing, pouring, or spilling. 

(ii) Upon the request of San Francisco, the 
owner or its agent, at no cost or expense to San 
Francisco, must indemnify, defend, and hold harm- 
less San Francisco against any claims, regard- 
less of the alleged negligence of San Francisco or 



any other party, except only for claims resulting 
directly from the sole negligence or wilful mis- 
conduct of San Francisco. Each owner and its 
agent specifically acknowledges and agrees that 
it has an immediate and independent obligation 
to defend San Francisco from any claims which 
actually or potentially fall within the indemnity 
provision, even if the allegations are or may be 
groundless, false, or fraudulent, which obligation 
arises at the time such claim is tendered to 
owner or its agent by San Francisco and contin- 
ues at all times thereafter. In addition, San 
Francisco shall have a cause of action for indem- 
nity against each owner and its agent for any 
costs San Francisco may be required to pay as a 
result of defending or satisfying any claims that 
arise from or in connection with the permit, 
except only for claims resulting directly from the 
sole negligence or wilful misconduct of San Fran- 
cisco. Owner and its agent agree that the indem- 
nification obligations assumed under the permit 
shall survive expiration of the permit or comple- 
tion of excavation. 

(c) Insurance. 

(i) Each owner or its agent shall maintain 
in full force and effect, throughout the term of 
the permit, an insurance policy or policies issued 
by an insurance company or companies satisfac- 
tory to the City's Controller and Risk Manager. 
Policy or policies shall afford insurance covering 
all operations, vehicles, and employees, as fol- 
lows: 

(1) Workers' Compensation with employers' 
liability limits not less than $1,000,000 each 
accident; 

(2) Commercial general liability insurance 
with limits not less than $1,000,000 each occiu*- 
rence combined single limit for bodily injury and 
property damage, including contractual liability; 
personal injury; explosion, collapse, and under- 
ground (xcu); products; and completed opera- 
tions; 

(3) Business automobile liability insurance 
with limits not less than $1,000,000 each occur- 
rence combined single limit for bodily injury and 
property damage, including owned, nonowned, 
and hired auto coverage, as applicable; 



Sec. 2.4.23. 



San Francisco - Public Works Code 



40 



(4) Contractors' pollution liability insur- 
ance, on an occurrence form, with limits not less 
than $1,000,000 each occurrence combined single 
limit for bodily injury and property damage and 
any deductible not to exceed $25,000 each occur- 
rence. 

(ii) Said policy or policies shall include the 
City and its officers and employees jointly and 
severally as additional insureds, shall apply as 
primary insurance, shall stipulate that no other 
insurance effected by the City will be called on to 
contribute to a loss covered thereunder, and 
shall provide for severability of interests. Said 
policy or policies shall provide that an act or 
omission of one insured, which would void or 
otherwise reduce coverage, shall not reduce or 
void the coverage as to any other insured. Said 
policy or policies shall afford full coverage for 
any claims based on acts, omissions, injury, or 
damage which occurred or arose, or the onset of 
which occurred or arose, in whole or in part, 
during the policy period. Said policy or policies 
shall be endorsed to provide 30 calendar days 
advance written notice of cancellation or any 
material change to the Department. 

(iii) Should any of the required insurance 
be provided under a claims-made form, the in- 
sured owner or its agent shall maintain such 
coverage continuously throughout the term of 
the permit, and, without lapse, for a period of 
three years beyond the expiration or termination 
of the permit, to the effect that, should occur- 
rences during the term of the permit give rise to 
claims made after expiration or termination of 
the permit, such claims shall be covered by such 
claims-made policies. 

(iv) Should any of the required insurance be 
provided under a form of coverage that includes 
a general annual aggregate limit or provides 
that claims investigation or legal defense costs 
be included in such general annual aggregate 
limit, such general aggregate limit shall be double 
the occurrence or claims limits specified above in 
Subsection (c)(i). 

(v) Such insurance shall in no way relieve 
or decrease owner's and its agent's obligation to 
indemnify the City under Subsection (b) or any 
other provision of this Article. 



(vi) Certificates of insurance, in the form 
satisfactory to the Department, evidencing all 
coverages above, shall be furnished to or main- 
tained on file with the Department before issu- 
ance of a permit, with complete copies of policies 
furnished promptly upon the Department's re- 
quest. 

(vii) Where an owner is self-insured, and 
such insurance is no less broad and affords no 
less protection to the City than the requirements 
specified above in Subsection (c), the Depart- 
ment, in consultation with the City's Controller 
and Risk Manager, may accept such insurance as 
satisfying the requirements of Subsection (c). 
Evidence of such insurance shall be provided in 
the manner specified in Subsection (c)(vi). 

(d) Taxable Possessory Interest. Each 
owner shall acknowledge on its behalf and that 
of any successor or assign that its permit incor- 
porates the following statements: The owner of 
the facility(ies) for which the permit to excavate 
was obtained recognizes and understands that 
the permit may create a possessory interest 
subject to property taxation and that owner may 
be subject to the payment of property taxes 
levied on such interest under applicable law. 
Owner agrees to pay taxes of any kind, including 
possessory interest taxes, if any, that may be 
lawfully assessed on owner's interest under the 
permit to excavate or for use of the public right- 
of-way and to pay other excises, licenses, taxes, 
or permit charges or assessments based on owner's 
usage of the public right-of-way that may be 
imposed on owner by applicable law. Owner shall 
pay all of such charges when they become due 
and before delinquency. (Added by Ord. 341-98, 
App. 11/13/98; amended by Ord. 33-02, File No. 
020051, App. 3/28/2002) 

SEC. 2.4.24. PERMIT TO BE AVAILABLE 
AT EXCAVATION SITE. 

The permit or a photo duplicate shall be 
available for review at the site of the excavation 
for the duration of the excavation and shall be 
shown, upon request, to any police officer or any 
employee of a City agency, board, commission, or 




41 



Excavation in the Public Right-Of-Way 



Sec. 2.4.43. 



department with jurisdictional responsibility over 
activities in the public right-of-way. (Added by 
Ord. 341-98, App. 11/13/98) 

SUBARTICLE IV 
DEPOSITS AND FEES 

SEC. 2.4.40. DEPOSIT. 

Each applicant shall submit and maintain 
with the Department a bond, cash deposit, or 
other security acceptable to the Department se- 
curing the faithful performance of the obliga- 
tions of the owner and its agent under any 
pemiit(s) to excavate and the compliance with all 
terms and conditions of this Article (the "de- 
posit"). The deposit shall be in the sum of $25,000 
in favor of the "Department of Public Works, City 
and County of San Francisco." Utility and mu- 
nicipal excavators and other frequent applicants 
may submit a single deposit for multiple excava- 
tions so long as a constant balance of $25,000 is 
maintained on file with the Department. If the 
Director has deducted from such a deposit pur- 
suant to Section 2.4.46(c), the utility or munici- 
pal excavator or other frequent applicant must 
restore the full amount of the deposit prior to the 
Department's issuance of a subsequent permit. 
(Added by Ord. 341-98, App. 11/13/98; amended 
by Ord. 33-02, File No. 020051, App. 3/28/2002) 

SEC. 2.4.41. ADMINISTRATIVE FEE. 

Each applicant shall pay to the Department a 
fee of $66 for each permit issued for a small 
excavation project, a fee of $83 for each block 
contained in a medium excavation project, or a 
fee of $110 for each block contained in a large 
excavation project. Said fees shall compensate 
the Department for the cost incurred to admin- 
ister the provisions of this Article. If the Director 
grants a permit extension or amendment pursu- 
ant to Sections 2.4.20.2 or 2.4.20.3, the permittee 
shall pay a fee of $66 for any block for which the 
permit has been extended or amended to cover 
the cost of additional permit review and admin- 
istration. (Added by Ord. 341-98, App. 11/13/98; 
amended by Ord. 33-02, File No. 020051, App. 
3/28/2002) 



SEC. 2.4.42. INSPECTION FEE. 

Each applicant shall pay to the Department a 
fee of $16 for each permit issued for a small 
excavation project, a fee of $55 for each calendar 
day of a medium excavation project, or a fee of 
$81 for each calendar day of a large excavation 
project. Said fee shall compensate the Depart- 
ment for the cost of the inspection and regulatory 
services provided to such applicant when he or 
she becomes a permittee pursuant to this Article. 
No inspection fees shall be collected from a 
municipal excavator when: (a) the municipal 
excavator pays the Department to manage and 
inspect the construction or (b) the excavation is 
to construct, replace, or repair Municipal Rail- 
way tracks. If the Director grants a permit 
extension pursuant to Section 2.4.20.2, the per- 
mittee shall pay $16 for a small excavation 
project or the appropriate fees for a medium or 
large excavation project for each additional cal- 
endar day for which the permit is extended to 
cover the cost of additional permit inspection. If 
the Director grants a permit amendment pursu- 
ant to Section 2.4.20.3 that results in additional 
permit inspection, the permittee shall pay the 
fees specified above for permit extensions. (Added 
by Ord. 341-98, App. 11/13/98; amended by Ord. 
33-02, File No. 020051, App. 3/28/2002) 

SEC. 2.4.43. ADDITIONAL FEES FOR 
EXCAVATION. 

In instances where administration of this 
Article or inspection of an excavation is or will be 
unusually costly to the Department, the Direc- 
tor, in his or her discretion, may require an 
applicant or permittee to pay any sum in excess 
of the amounts charged pursuant to Sections 
2.4.41 and 2.4.42. 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 depart- 
ments of the City in connection with the admin- 
istration or inspection of the excavation. When- 
ever additional fees are charged, the Director, 
upon request of the applicant or permittee, shall 
provide in writing the basis for the additional 



Supp. No. 9, June 2007 



Sec. 2.4.43. 



San Francisco - Public Works Code 



42 



fees and an estimate of the additional fees. 
(Added by Ord. 341-98, App. 11/13/98) 

SEC. 2.4.44. RESERVED. 

Editor's Note: 

Ord. 131-07, File No. 070466, Approved June 15, 
2007, repealed § 2.4.44, which pertained to street 
damage restoration fee. (Added by Ord. 341-98, App. 
11/13/98; Ord. 131-07, File No. 070466, App. 6/15/ 
2007) 

SEC. 2.4.45. REPORT TO BOARD OF 
SUPERVISORS AND PROCEDURES FOR 
FEE ADJUSTMENTS. 

(a) Street Damage Restoration Fee Ad- 
justment. Within one year after adoption or 
amendment of the street damage restoration fee 
set forth in this Subarticle, and every three years 
thereafter, the Director shall review the proceeds 
of the street damage restoration fee and any 
other new information that shall become avail- 
able, and prepare a report to the Board of Super- 
visors. Based upon the result of the review, the 
Director shall recommend to the Board of Super- 
visors any necessary adjustments to such fee, 
along with written justification for the recom- 
mended adjustment and any necessary legisla- 
tion. In the event that fee proceeds have ex- 
ceeded, or are anticipated to exceed, the costs for 
street repaving and reconstruction reasonably 
attributable to excavation, the Director shall 
recommend legislation to the Board of Supervi- 
sors that modifies such fee to ensure that fee 
proceeds do not exceed the costs for street repav- 
ing and reconstruction reasonably attributable 
to excavation. In the event that fee proceeds 
have undercollected, or are anticipated to under- 
collect, for the costs for street repaving and 
reconstruction reasonably attributable to exca- 
vation or the City's costs to administer this 
Article or inspect excavations, the Director may 
recommend legislation to the Board of Supervi- 
sors that modifies the applicable fee to more 
accurately recover the costs for street repaving 
and reconstruction reasonably attributable to 
excavation. 



(b) Administrative and Inspection Fees 
Adjustments. The procedures to review and 
adjust the fees specified in Sections 2.4.41 and 
2.4.42 shall be the procedures for fee review and 
adjustment set forth in Section 2.1.2. (Added by 
Ord. 341-98, App. 11/13/98; amended by Ord. 
33-02, File No. 020051, App. 3/28/2002; Ord. 
151-03, File No. 030830, 6/27/2003) 

SEC. 2.4.46. COLLECTION, RETURN, 
AND REFUND OF DEPOSIT AND FEES. 

(a) Collection of Deposit and Fees. The 

Director shall establish procedures for billing, 
collection, and refund of a deposit(s), fees, and 
other charges provided for in this Article. The 
Director shall deposit all funds in accordance 
with Sections 10.117-119 and 10.117-120 of the 
San Francisco Administrative Code. 

(b) Refunds. 

(i) When an application is either withdrawn 
by the applicant or denied by the Department 
before the start of construction, the applicant's 
administrative fee assessed under Section 2.4.41 
shall be retained and those fees assessed under 
Sections 2.4.42 and 2.4.43 shall be returned to 
the applicant. 

(ii) In the event that the Director deter- 
mines, after preparing a report pursuant to 
Section 2.4.45, that there has been an overcollec- 
tion of any of the fees identified in this Subar- 
ticle, the Director shall establish procedures to 
refund excess fee proceeds in a manner which 
fairly and reasonably reimburses those excava- 
tors who paid the fee during the relevant period 
consistent with their level of excavation. 

(iii) In the event that a project is completed 
prior to the permit expiration date, a permittee 
may make a written request for a refund of the 
inspection fee that is proportionate to the num- 
ber of calendar days the project was completed 
early. Prior to the issuance of any refund, the 
Department shall verify the date of completion, 
that the project has been satisfactorily com- 
pleted, that all punch list work has been com- 
pleted, and that there are no outstanding fines or 
penalties pending against the permittee or its 
agent. The Department shall not release the 



Supp. No. 9, June 2007 



43 



Excavation in the Public Right-Of-Way 



Sec. 2.4.50. 



requested refund until any and all outstanding 
fines or penalties pending against the permittee 
and its agent have been paid. The permittee 
seeking a refund shall pay the Department a fee 
of $110 for the cost of the calculation and pro- 
cessing of the refund. 

(c) Deductions for Deposits. The Direc- 
tor may make deductions from the balance of a 
permittee's deposit(s) to ensure the faithful per- 
formance of the obligations under a permit to 
excavate, to pay fees, to offset the costs for any 
excavation done or repairs made by the Depart- 
ment, or to pay any assessed penalties or costs 
associated with violations of this Article. 

(d) Retention of Deposit for Three Years. 

Each deposit made pursuant to Section 2.4.40 
shall be retained by the City for a period of three 
years after the satisfactory completion of the 
excavation to secure the obligations in the per- 
mit Euid this Article. 

(e) Return of Deposit. Upon expiration of 
three years from the satisfactory completion of 
the excavation, a permittee's deposit(s), less the 
deductions made pursuant to Subsection (c), 
shall be returned to the permittee or to its 
assigns. (Added by Ord. 341-98, App. 11/13/98; 
amended by Ord. 33-02, File No. 020051, App. 
3/28/2002; Ord. 131-07, File No. 070466, App. 
6/15/2007) 

SUBARTICLE V 
EXCAVATIONS 

SEC. 2.4.50. NOTICES. 

Any permittee who excavates or causes to be 
made an excavation in the public right-of-way 
shall provide notice as follows: 

(a) Two to Fourteen-Day Excavations. 

For excavations that will be completed and re- 
stored in a period exceeding 24 hours but within 
14 calendar days of commencement, the permit- 
tee shall post and maintain notice at the site of 
the excavation. The notice shall include the 
name, telephone number, and address of the 
owner and its agent, a description of the excava- 
tion to be performed, and the duration of the 
excavation. The notice shall be posted at least 



every 100 feet along any block where the exca- 
vation is to take place at least 72 hours prior to 
commencement of the excavation. 

(b) Notice for Major Work. 

(i) At least 30 calendar days prior to com- 
mencement of the excavation, the permittee shall 
provide written notice delivered by United States 
mail to each property owner on the block(s) 
affected by the excavation and each affected 
neighborhood and merchant organization that is 
listed in the City Planning Department's Direc- 
tory of Neighborhood Organizations and Service 
Agencies. The latest City-wide assessor's roll for 
names and addresses of owners shall be used for 
the mailed notice. This notice shall include the 
same information that is required for the posted 
notice pursuant to Subsection (a) and the name, 
address, and 24-hour telephone number of a 
person who will be available to provide informa- 
tion to and receive complaints from any member 
of the public concerning the excavation. 

(ii) The permittee shall post and maintain 
notice at the site of the excavation at least 10 
calendar days prior to commencement of the 
excavation in the same manner and with the 
same information as required for posted notice 
pursuant to Subsection (a). At least 10 calendar 
days prior to commencement of the excavation, 
the permittee also shall deliver a written notice 
to each dwelling unit on the block(s) affected by 
the excavation. This written notice shall include 
the same information that is required for the 
written notice pursuant to this Subsection (i). 

(iii) Before commencement of construction, 
a permittee for major work shall post and main- 
tain excavation project signs at the site of the 
excavation that describe the excavation being 
done and bear the name, address, and 24-hour 
telephone number of a contact person for the 
owner and its agent. Said excavation project 
signs shall be in format, quantity, and size speci- 
fied by the Department. 

(c) Notice of Emergency Excavation. For 

emergency excavation, the permittee, or the ap- 
plicant if a permit has not been issued, shall post 
and maintain notice at the site of the excavation 
during the construction period. The notice shall 



Supp. No. 9, June 2007 



Sec. 2.4.50. 



San Francisco - Public Works Code 



44 



include the name, telephone number, and ad- 
dress of the owner, permittee, applicant, and its 
agent, a description of the excavation to be 
performed, and the duration of the excavation. 
The notice shall be posted at least every 100 feet 
along any block where the excavation is to take 
place. (Added by Ord. 341-98, App. 11/13/98; 
amended by Ord. 33-02, File No. 020051, App. 
3/28/2002) 

SEC. 2.4;51. NOTICE FOR MARKING OF 
SUBSURFACE FACILITIES. 

In accordance with State law, any person 
excavating in the public right-of-way shall com- 
ply with the requirements of the Underground 
Service Alert ("USA") regarding notification of 
excavation and marking of subsurface facilities. 
Such person shall provide USA with the assigned 
number for the permit to excavate or other 
information as may be necessary to properly 
identify the proposed excavation. (Added by Ord. 
341-98, App. 11/13/98) 

SEC. 2.4.52. LIMITS UPON EXCAVATION 
IN THE PUBLIC RIGHT-OF-WAY. 

(a) Scope. It is unlawful for any permittee 
to make, to cause, or permit to be made any 
excavation in the public right-of-way outside the 
boundaries, times, and description set forth in 
the permit. 

(b) Rock Wheel and Trenchless Technol- 
ogy. Use of a rock wheel or trenchless technology 
to excavate in the public right-of-way is unlawful 
without prior written approval of the Director. 

(c) Single Excavation Maximum of 1 ,200 
Feet. No single excavation site shall be longer 
than 1,200 feet in length at any time except with 
the prior written approval of the Director. (Added 
by Ord. 341-98, App. 11/13/98) 

SEC. 2.4.53. REGULATIONS 
CONCERNING EXCAVATION SITES. 

Each owner and its agent shall be subject to 
requirements for excavation sites that are set 



forth in Department orders or regulations. Such 
orders or regulations shall include, but not be 
limited to, the following measures: 

(a) Protection of the Excavation. Each 
owner and its agent shall cover open excavation 
with steel plates ramped to the elevation of the 
contiguous street, pavement, or other public right- 
of-way, or otherwise protected in accordance with 
guidelines prescribed by the Department. 

(b) Housekeeping and Removal of Ex- 
cavated Material. Each owner and its agent 
shall keep the area surrounding the excavation 
clean and free of loose dirt or other debris in a 
manner deemed satisfactory to the Department. 
Excavation sites shall be cleaned at the comple- 
tion of each work day. In addition, the owner and 
its agent shall remove all excavated material 
from the site of the excavation no later than the 
end of each work day. 

(c) Storage of Materials and Equip- 
ment. Materials and equipment that are to be 
used for the excavation within seven calendar 
days may be stored at the site of the excavation, 
except that fill material, sand, aggregate, and 
asphalt-coated material may be stored at the site 
only if it is stored in covered, locked containers. 

(d) Hazardous Material. Each owner and 
its agent shall be subject to hazardous material 
guidelines for date collection; disposal, handling, 
release, and treatment of hazardous material; 
site remediation; and worker safety and train- 
ing. The Department, in consultation with the 
Department of Public Health, shall develop, pre- 
scribe, and update such hazardous material guide- 
lines. The guidelines shall require the owner £uid 
its agent to comply with all federal, state, and 
local laws regarding hazardous material. For 
purposes of this subsection, "hazEirdous materi- 
als" shall mean any gas, material, substance, or 
waste which, because of its quantity, concentra- 
tion, or physical or chemical characteristics, is 
deemed by any federal, state, or local governmen- 
tal authority to pose a present or potential haz- 
ard to human health or safety or to the environ- 
ment. (Added by Ord. 341-98, App. 11/13/98; 
amended by Ord. 33-02, File No. 020051, App. 
3/28/2002) 



Supp. No. 9, June 2007 



45 



Excavation in the Public Right-Of-Way 



Sec. 2.4.55. 



SEC. 2.4.54. STOP WORK ORDER, 
PERMIT MODIFICATION, AND PERMIT 
REVOCATION. 

When the Director has determined that a 
person has violated this Article or that an exca- 
vation poses a hazardous situation or constitutes 
a public nuisance, public emergency, or other 
threat to the public health, safety, or welfare, or 
when the Director determines that there is a 
paramount public purpose, the Director is autho- 
rized to issue a stop work order, to impose new 
conditions upon a peniiit, or to suspend or revoke 
a permit by notifying the permittee of such 
action in a written, electronic, or facsimile com- 
munication. (Added by Ord. 341-98, App. 11/13/ 
98) 

SEC. 2.4.55. RESTORATION OF THE 
PUBLIC RIGHT-OF-WAY. 

(a) Restoration. In any case in which the 
sidewalk, street, or other public right-of-way is 
or is caused to be excavated, the owner and its 
agent shall restore or cause to be restored such 
excavation in the manner prescribed by the 
orders, regulations, and standard plans and speci- 
fications of the Department. At a minimum, 
trench restoration shall include resurfacing to a 
constant width equal to the widest part of the 
excavation in accordance with the following dia- 
gram; provided, however, that the width of re- 
surfacing need not exceed 13 feet. Notwithstand- 
ing the trench restoration provision set forth 
herein, if 25 percent of more of the length of any 
block is excavated, then all affected lanes for the 
entire block shall be restore. 

(b) Backfill, Replacement of Pavement 
Base, and Finished Pavement. Activities con- 
cerning backfilling, replacement of pavement 
base, and finished pavement shall be performed 
in a manner specified by the orders, regulations, 
and standard plans and specifications of the 
Department. In addition, these activities shall be 
subject to the following requirements: 

(i) Backfill. Each excavation shall be back- 
filled and compacted within 120 hours from the 
time the construction related to the excavation is 
completed. 



(ii) Replacement of pavement base. Re- 
placement of the pavement base shall be com- 
pleted within 120 hours from the time the exca- 
vation is backfilled. 

(iii) Finished pavement. Finished pave- 
ment restoration shall be completed within 120 
hours of replacement of the pavement base. 

(c) Modification to Requirements. Upon 
written request from the permittee, the Director 
may grant written approval for modifications to 
the requirements of Subsection (b). 

(d) Incomplete Excavation; Completion 
by the Department. In any case where an 
excavation is not completed or restored in the 
time and manner specified in the peraiit, this 
Article, or the orders, regulations, and standard 
plans and specifications of the Department, the 
Director shall order the owner or its agent to 
complete the excavation as directed within 24 
hours. If the owner or its agent should fail, 
neglect, or refuse to comply with the order, the 
Director may complete or cause to be completed 
such excavation in such manner as the Director 
deems expedient and appropriate. The owner or 
its agent shall compensate the Department for 
any costs associated with the administration, 
construction, consultants, equipment, inspec- 
tion, notification, remediation, repair, restora- 
tion, or any other actual costs incurred by the 
Department or other agencies, board, commis- 
sions, or departments of the City that were made 
necessary by said excavation. The cost of such 
work also may be deducted from the permittee's 
deposit pursuant to Section 2.4.46(c). The 
Director's determination as to the cost of any 
work done or repairs made shall be final. In 
addition, the owner, its agent, or other respon- 
sible party may be subject to those enforcement 
actions set forth in Subarticle VII. 

(e) Subject to the limitation set forth in 
Section 2.4.70, completion of an excavation or 
restoration by the Department in accordance 
with Subsection (d) shall not relieve the owner or 
its agent from liability for future pavement fail- 
ures at the excavation site. (Added by Ord. 
341-98, App. 11/13/98; amended by Ord. 33-02, 
File No. 020051, App. 3/28/2002; Ord. 131-07, 
File No. 070466, App. 6/15/2007) 



Supp. No. 9, June 2007 



[INTENTIONALLY LEFT BLANK] 



Supp. No. 9, June 2007 



47 



Excavation in the Public Right-Of-Way 



Sec. 2.4.73. 



SUBARTICLE VI 
POST-EXCAVATION REPAIR, 

MAINTENANCE, AND PAVEMENT 
FAILURE 

SEC. 2.4.70. REPAIR AND 
MAINTENANCE OBLIGATION OF 
OWNER AND AGENT. 

Each owner and its agent that excavates or 
causes to be made an excavation in the pubhc 
right-of-way shall be responsible to maintain, 
repair, or reconstruct the site of the excavation 
so as to maintain a condition acceptable to the 
Director until such time as the public right-of- 
way is reconstructed, repaved, or resurfaced by 
the Department. (Added by Ord. 341-98, App. 
11/13/98; amended by Ord. 33-02, File No. 020051, 
App. 3/28/2002) 

SEC. 2.4.71. SUBSURFACE OR 
PAVEMENT FAILURES. 

In the event that subsurface material or 
pavement over or immediately adjacent to any 
excavation should become depressed, broken, or 
fail in any way at any time after the excavation 
has been completed, the Director shall exercise 
his or her best judgment to determine the per- 
son(s) responsible, if any, for the failure in the 
subsurface or surface of the public right-of-way 
and shall designate such person as the respon- 
sible party. The Director shall notify said per- 
son(s) of the condition, its location, and the 
required remedy, and such person(s) shall repair 
or restore, or cause to be repaired or restored, 
such condition to the satisfaction of the Director 
within 72 hours of the notification. The Director 
may extend the time for the responsible party to 
repair or restore the affected public right-of-way 
(Added by Ord. 341-98, App. 11/13/98) 

SEC. 2.4.72. REPAIR BY THE 
DEPARTMENT. 

(a) In the event that any person(s) fails, 
neglects, or refuses to repair or restore any 
condition pursuant to the Director's notice as set 
forth in Section 2.4.71, the Director may repair 
or restore, or cause to be repaired or restored, 
such condition in such manner as the Director 



deems expedient and appropriate. The person(s) 
identified by the Director as the responsible 
party shall compensate the Department for any 
costs associated with the administration, con- 
struction, consultants, equipment, inspection, no- 
tification, remediation, repair, restoration, or any 
other actual costs incurred by the City that were 
made necessary by reason of the repair or resto- 
ration undertaken by the Department. The cost 
of such work also may be deducted from the 
permittee's deposit pursuant to Section 2.4.46(c). 
The Director's determination as to the cost of the 
repair or restoration performed shall be final. In 
addition, the responsible party may be subject to 
those enforcement actions set forth in Subarticle 
VII. 

(b) Subject to the limitation set forth in 
2.4.70. repair or restoration by the Department 
in accordance with this Section shall not relieve 
the person(s) from liability for future pavement 
failures at the site of the repair or restoration. 
(Added by Ord. 341-98, App. 11/13/98) 

SEC. 2.4.73. EMERGENCY 
REMEDIATION BY THE DEPARTMENT. 

(a) If, in the judgment of the Director, the 
site of an excavation is considered hazardous or 
if it constitutes a public nuisance, public emer- 
gency, or other imminent threat to the public 
health, safety, or welfare that requires immedi- 
ate action, the Director may order the condition 
remedied by a written, electronic, or facsimile 
communication to the person(s) responsible, if 
any, for remedying the condition and shall des- 
ignate such person as the responsible party. 

(b) If the responsible party is inaccessible or 
fails, neglects, or refuses to take immediate 
action to remedy the condition as specified in 
said communication, the Director may remedy 
the condition or cause the condition to be rem- 
edied in such manner as the Director deems 
expedient and appropriate. The person(s) identi- 
fied by the Director as the responsible party 
shall compensate the Department for any rea- 
sonable costs associated with the administra- 
tion, construction, consultants, equipment, in- 
spection, notification, remediation, repair, 
restoration, or any other actual costs incurred by 



Sec. 2.4.73. 



San Francisco - Public Works Code 



48 



the Department or other agencies, boards, com- 
missions, or departments of the City that were 
made necessary by reason of the emergency 
remediation undertaken by the Department. The 
cost of such work also may be deducted from the 
permittee's deposit pursuant to Section 2.4.46(c). 
The Director's determination as to the cost of any 
remediation performed shall be final. In addi- 
tion, the responsible party may be subject to 
those enforcement actions set forth in Subarticle 
VII. 

(c) Subject to the limitation set forth in 
Section 2.4.70, remediation by the Department 
in accordance with this Section shall not relieve 
the person(s) from liability for future pavement 
failures at the site of the remediation. (Added by 
Ord. 341-98, App. 11/13/98) 

SUBARTICLE VII 
VIOLATION OF ARTICLE 

SEC. 2.4.80. VIOLATION OF ARTICLE. 

(a) The Director shall have authority to 
enforce this Article against violations thereof 
Upon the Director's determination that a person 
has violated any provision of this Article, the 
standard plans and specifications, notices, or- 
ders, or regulations of the Department; any 
term, condition, or limitation of any permit; or is 
subject to any outstanding fees, deposits, or 
other charges, the Director shall serve notice on 
said person to abate the violation. Any person 
whom the Director determines to be a respon- 
sible party may be subject to any or all of the 
enforcement mechanisms specified in Section 
2.4.81, 2.4.82, and 2.4.83. 

(b) Municipal excavators are not subject to 
the penalties and fines specified in Sections 
2.4.82 and .83; however, municipal excavators 
that violate Article 2.4 may be subject to admin- 
istrative penalties and costs as specified in Sec- 
tion 2.4.81. The Director is empowered to charge 
municipal excavators with such penalties and 
costs, abate violations by municipal excavators, 
or both. The Director may assess such penalties, 
costs, and abatement charges against the deposit 
or budget of the municipal excavator, take other 



appropriate action against such excavator within 
the Director's authority, or both. (Added by Ord. 
341-98, App. 11/13/98; amended by Ord. 239-99, 
File No. 991177, App. 9/3/99; Ord. 33-02, File No. 
020051, App. 3/28/2002) 

SEC. 2.4.81. ADMINISTRATIVE 
PENALTIES AND COSTS. 

(a) Notice of Violation. Except as speci- 
fied in Subsections (1) through (3) below, the 
Director shall notify the responsible party for a 
violation that he or she has seventy- two (72) 
hours to correct or otherwise remedy the viola- 
tion or be subject to the imposition of adminis- 
trative penalties. The Director's notice of viola- 
tion shall be a written, electronic, or facsimile 
communication and shall specify the manner in 
which the violation shall be remedied. 

(1) For those violations subject to the incom- 
plete excavation provisions of Section 2.4.55(d), 
the responsible party shall have twenty-four (24) 
hours to remedy the violation or be subject to the 
imposition of administrative penalties. 

(2) For violations that create an imminent 
danger to public health, safety, or welfare or are 
otherwise subject to Section 2.4.73, the Director 
shall notify the responsible party to immediately 
remedy the violation or be subject to the imposi- 
tion of administrative penalties. 

(3) For violations that cannot be cured within 
seventy-two (72) hours, including, but not lim- 
ited to, excavating without a permit, the Director 
shall notify the responsible party of the Director's 
imposition of administrative penalties pursuant 
to Subsection (e). 

(b) Amount of Administrative Penal- 
ties. Administrative penalties assessed pursu- 
ant to Subsection (a) shall not exceed one thou- 
sand dollars ($1,000) per day, per violation 
commencing with the first day of the violation. 
Notwithstanding the penalty limitation set forth 
above, a person who excavates without a valid 
permit may be assessed a penalty not to exceed 
ten thousand dollars ($10,000.00) per day, per 
violation commencing with the first day of the 
violation. In assessing the amount of the admin- 
istrative penalty, the Director may consider any 



49 



Excavation in the Public Right-Of-Way 



Sec. 2.4.81. 



one or more of 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 oc- 
curred, the wilfulness of the violator's miscon- 
duct, and the violator's assets, liabilities, and net 
worth. 

(c) Enforcement Costs. In addition to the 
administrative penalty assessed pursuant to Sub- 
section (a), the Director may assess enforcement 
costs to cover the reasonable costs incurred in 
enforcing the administrative penalty, including 
reasonable attorneys' fees. Any enforcement costs 
imposed and recovered shall be distributed ac- 
cording to the purpose for which the Director 
imposed them. 

(d) Accrual of Penalties and Costs. Pen- 
alties and costs assessed under this Section shall 
continue to accrue against a responsible party 
until the violation of this Article is corrected or 
otherwise remedied in the judgment of the Di- 
rector or the responsible party pays the assessed 
penalties and costs. If such penalties and costs 
are the subject of a request for administrative 
review or an appeal, then the accrual of such 
penalties and costs shall be stayed until the 
determination concerning the administrative pen- 
alties is final. 

(e) Notice Imposing Administrative Pen- 
alties. If the responsible party fails to remedy 
the violation within the time specified in the 
notice of violation or if the violation is incurable 
pursuant to Section 2.4.81(a)(3), the Director 
shall notify in writing the responsible party of 
the Director's imposition of administrative pen- 
alties. This notice shall include the amount of 
the penalties and costs and declare that such 
penalties and costs are due and payable to the 
City Treasurer within thirty (30) calendar days. 
The notice also shall state that the person des- 
ignated as the responsible party has the right, 
pursuant to Subsection (g), to request adminis- 
trative review of the Director's determination as 
to the designation of the responsible party and 
the assessment of penalties. 



(f) Finality of the Director's Determina- 
tion and Collection of Assessed Penalties. If 

no request for administrative review is filed 
pursuant to Subsection (g), the Director's deter- 
mination is final. Thereafter, if the penalties and 
costs are not paid within the time specified in 
Subsection (e), the Director is empowered to 
pursue any method of collection of such penalties 
and costs authorized by local law including, but 
not limited to deductions of the permittee's de- 
posit pursuant to Section 2.4.46(c). 

(g) Administrative Review. Any Person 
that is designated as the responsible party for a 
violation or is subject to an administrative pen- 
alty may seek administrative review of the des- 
ignation or the assessment of the penalty or cost 
within ten (10) calendar days of the date of the 
notice imposing administrative penalties. Admin- 
istrative review shall be initiated by filing with 
the Director a request for review that specifies in 
detail the basis for contesting the designation of 
the responsible party or the assessment of the 
penalty or cost. 

(h) Notice for and Scheduling of Admin- 
istrative Hearing. Whenever an administra- 
tive review hearing is requested pursuant to 
Subsection (g), the Director, within ten (10) cal- 
endar days of the date of receipt of the request, 
shall notify the affected parties of the date, time, 
and place of the hearing by certified mail. Such 
hearing shall be held no later than thirty (30) 
calendar days after the Director received the 
request for administrative review, unless ex- 
tended by mutual agreement of the affected 
parties. The Director shall appoint a hearing 
officer for such hearing. 

(i) Submittals for the Administrative Re- 
view Hearing. The parties to the hearing shall 
submit written information to the hearing officer 
including, but not limited to, the following: the 
statement of issues to be determined by the 
hearing officer and a statement of the evidence 
to be offered at the hearing. 

(j) Conduct of the Administrative Re- 
view Hearing. The administrative review hear- 
ing is a public hearing and shall be tape re- 
corded. Any party to the hearing may at his or 



Sec. 2.4.81. 



San Francisco - Public Works Code 



50 



her own expense, cause the hearing to be re- 
corded by a certified court reporter. During the 
hearing, evidence and testimony may be pre- 
sented to the hearing officer. Written decisions 
and findings shall be rendered by the hearing 
officer within ten (10) calendar days of the hear- 
ing. Copies of the findings and decision shall be 
served upon the parties to the hearing by certi- 
fied mail. A notice that a copy of the findings and 
decisions is available for inspection between the 
hours of 9:00 a.m. and 5:00 p.m., Monday through 
Friday shall be posted at the offices of the 
Department of Public Works. 

(k) Director's Decision on the Hearing 
Officer's Recommendation. The decision of 
the hearing officer shall be a recommendation to 
the Director, and the Director, within five (5) 
calendar days of receipt of such recommenda- 
tion, shall adopt, modify, or deny such recommen- 
dation. The Director's decision on the hearing 
officer's recommendation is final. Such decision 
shall be served upon the parties to the hearing 
and posted in the same manner as the hearing 
officer's decision as set forth in Subsection (j). If 
any imposed administrative penalties and costs 
have not been deposited at this time, the Direc- 
tor may proceed to collect the penalties and costs 
pursuant to Subsection (f). 

(1) Additional procedures. The Director, 
by Departmental order, may adopt additional 
procedures to implement this Section. (Added by 
Ord. 341-98, App. 11/13/98; amended by Ord. 
239-99, File No. 991177, App. 9/3/99; Ord. 33-02, 
File No. 020051, App. 3/28/2002) 

SEC. 2.4.82. CIVIL PENALTIES AND 
FEES. 

(a) The Director may call upon the City 
Attorney to maintain an action for injunction to 
restrain or summary abatement to cause the 
correction or abatement of the violation of this 
Article, and for assessment and recovery of a 
civil penalty and reasonable attorney's fees for 
such violation. 

(b) Any person who violates this Article 
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 natin^e and seriousness of the 
misconduct, the number of violations, the persis- 
tence of the misconduct, the length of time over 
which the misconduct occurred, the wilfulness of 
the defendant's misconduct, and the defendant's 
assets, liabilities, and net worth. The City Attor- 
ney also may seek recovery of the attorneys fees 
and costs incurred in bringing a civil action 
pursuant to this Section. (Added by Ord. 341-98, 
App. 11/13/98) 

SEC. 2.4.83. CRIMINAL FINES. 

(a) The Director is authorized to enforce the 
criminal provisions of this Article, to call upon 
the Chief of Police and authorized agents to 
assist in the enforcement of this Article, or both. 

(b) Any person who violates this Article 
shall be deemed guilty of an infraction. Every 
violation determined to be an infraction is pun- 
ishable by (1) a fine not exceeding $100 for the 
first violation within one year; (2) a fine not 
exceeding $200 for a second violation within one 
year from the date of the first violation; (3) a fine 
not exceeding $500 for the third and each addi- 
tional violation within one year from the date of 
the first violation. 

(c) When a government official authorized 
to enforce this Article pursuant to Subsection (a) 
has reasonable cause to believe that any person 
has committed an infraction in the official's 
presence that is a violation of this Article, the 
official may issue a citation to that person pur- 
suant to California Penal Code, Part II, Title 3, 
Chapters 5, 5C, and 5D. 

(d) Among other violations, citations may 
be issued for the following specific violations: 

(i) Excavation without a valid permit; 

(ii) Excavation without proof of the permit 
issuemce on site; 



51 



Excavation in the Public Right-Of-Way 



Sec. 2.4.92. 



(iii) Excavation without proper notice to the 
Underground Service Alert; 

(iv) Excavation without proper pubUc no- 
tice; 

(v) Excavation that violates the San Fran- 
cisco Traffic Code; 

(vi) Excavation that violates the regula- 
tions concerning excavation sites (Section 2.4.53), 
which include, but are not limited to, protection 
of the excavation, housekeeping and removal of 
excavated material, and hazardous material; 

(vii) Excavation that does not meet the re- 
quirements for restoration concerning backfill, 
replacement of pavement base, and finished pave- 
ment (Section 2.4.55(b)); or 

(viii) Excavation that exceeds the scope of 
the permit, including, but not limited to, obstruct- 
ing the path of automobile or pedestrian travel in 
excess of the permitted area. (Added by Ord. 
341-98, App. 11/13/98; amended by Ord. 33-02, 
File No. 020051, App. 3/28/2002) 

SEC. 2.4.84. DEPOSIT OF PENALTIES 
INTO EXCAVATION FUND. 

Any penalty assessed and recovered in an 
action brought pursuant to Sections 2.4.81 or 
2.4.82 shall be deposited in the Excavation Fimd, 
as provided in Section 10.117-120 of the San 
Francisco Administrative Code. (Added by Ord. 
341-98, App. 11/13/98) 

SEC. 2.4.85. SUSPENSION OF ACTION 
ON APPLICATIONS. 

A person who is in wilful noncompliance with 
this Article shall not apply for nor be issued a 
permit to excavate in the public right-of-way 
unless the Director, by written authorization, 
grants a waiver to this prohibition. Wilful non- 
compliance shall include, without limitation, de- 
liberate acts that result in failure to: (a) satisfy 
any terms and conditions of this Article, the 
orders, regulations, or standard plans and speci- 
fications of the Department or (b) pay any out- 
standing assessments, fees, penalties that have 



been finally determined by the City or a court of 
competent jurisdiction. (Added by Ord. 341-98, 
App. 11/13/98; amended by Ord. 33-02, File No. 
020051, App. 3/28/2002) 

SUBARTICLE VIII 
MISCELLANEOUS PROVISIONS 

SEC. 2.4.90. ABANDONMENT OF 
UNDERGROUND FACILITIES, REPORTS, 
AND MAPS. 

(a) Whenever any facility(ies) is abandoned 
in the public right-of-way, the person owning, 
using, controlling or having an interest therein, 
shall, within 30 calendar days after such aban- 
donment, file in the office of the Director a 
statement in writing, giving in detail the loca- 
tion of the facility(ies) so abandoned. Each map, 
set of maps, or plans filed pursuant to the 
provisions of this Article, including those maps 
or plans required by Section 2.4.11 shall show in 
detail the location of each such facility(ies) aban- 
doned subsequent to the filing of the last preced- 
ing map, set of maps, or plans. 

(b) It shall be unlawful for any person to 
fail, refuse, or neglect to file any map or set of 
maps at the time, and in all respects as required 
by this Section. (Added by Ord. 341-98, App. 
11/13/98) 

SEC. 2.4.91. IDENTIFICATION OF 
VISIBLE FACILITIES. 

Each visible facility installed in the public 
right-of-way shall be clearly identified with the 
name of the owner of the facility. The Depart- 
ment shall adopt orders or regulations to specify 
other appropriate methods for identification. 
(Added by Ord. 341-98, App. 11/13/98) 

SEC. 2.4.92. CITY'S OBLIGATION. 

In undertaking enforcement of this Article, 
the City is assuming an undertaking only to 
promote the general welfare. It is not assuming, 
nor is it imposing on its officers and employees, 
an obligation for breach of which it is liable in 
money damages to any person who claims that 
such breach proximity caused injury. (Added by 
Ord. 341-98, App. 11/13/98) 



Sec. 2.4.93. San Francisco - Public Works Code 52 

SEC. 2.4.93. TIME LIMITATION ON 
COMMENCEMENT OF ACTIONS. 

Any action or proceeding to attack, review, 
set aside, void or annul this Article or any 
provision thereof shall be commenced within 120 
calendar days from the effective date of the 
ordinance approving this Article; otherwise, the 
provisions of this Article shall be held to be valid 
and in every respect legal and incontestable. 
(Added by Ord. 341-98, App. 11/13/98) 

SEC. 2.4.94. SEVERABILITY. 

If any part of this Article, or the application 
thereof to any person or circumstance, is held 
invalid, the remainder of this Article, including 
the application of such part or provision to other 
persons or circumstances, shall not be affected 
thereby and shall continue in full force and 
effect. To this end, provisions of this Article are 
severable. (Added by Ord. 341-98, App. 11/13/98) 



[The next page is 85] 



ARTICLE 3: REGULATIONS IN REGARD TO WORKING CONDITIONS 

(SEE ADMINISTRATIVE CODE) 



85 



San Francisco - Public Works Code 86 



[The next page is 101] 



ARTICLE 4: SEWERS 



Sec. 102. Definitions. 

Sec. 103. Ownership and Responsibility 

for Maintenance. 
Sec. 103.1. Side Sewer Repeiir. 
Sec. 104. Director to Abate Nuisance or 

Hazard. 
Sec. 104.1. Recovery of Abatement Costs. 
Sec. 104.2. Abatement Funds. 
Sec. 105. Side Sewer Work by Permits. 

Sec. 106. Connection to Public Sewer in 

Off-Street Location. 
Sec. 107. Written Request for Side Sewer. 

Sec. 108. Estimate of Expense — Fee. 

Sec. 109. Deposit by Applicant. 

Sec. 110. Material— Applicant May 

Furnish — Credit. 
Sec. 111. Day Labor or Contract. 

Sec. 112. Expense Exceeding Estimate 

Constitutes Lien. 
Sec. 113. Expense Less Than Estimate — 

Claim. 
Sec. 114. Certificate of Proper 

Construction — Issuance Upon 

Demand. 
Sec. 115. Resolution of Intention for Side 

Sewers — Exception. 
Sec. 116. Sewers Constructed From 

Public Funds — Procedure. 
Sec. 116.1. Sewers Constructed From 

Public Funds — Connection To. 
Sec. 117. Materials and Construction 

Requirements. 

SEC. 102. DEFINITIONS. 

For the purpose of this Article, the following 
definitions shall apply: 

(a) Nuisance. The discharge of sewage onto 
the surface of any public street, alley or place 
including sidewalks is a nuisance. 

(b) Hazard. Any cracking, sinking or imder- 
mining of the surface of any public street, alley 
or place including sidewalks caused by any ab- 



sence, obstruction, failure or defect of any side 
sewer, private sewer, utility drain or private 
drainage system constitutes a threat to public 
safety and is a hazard. 

(c) Utility Drain. Any drain connected to a 
public sewer under the provisions of this Article 
and which serves a facility or structure installed 
or constructed under the provisions of Part II, 
Chapter X, Article 8 of the San Francisco Mu- 
nicipal Code (Public Works Code) is a utility 
drain. 

(d) Side Sewer (also known as lateral 
sewer). A side sewer is that portion of a sewer 
from the point of connection to a public sewer to 
a point of demarcation which shall be the front 
face of a curb or a curbline of record in a public 
street, alley or place, or the boundary line of 
record in an easement for public sewers, except 
that the point of demarcation shall be the first 
intersection of a private sewer which serves 
more than one building, lot or premises. In the 
absence of a curb or line of record, the Director 
shall establish a point of demarcation based on 
like public streets, alleys or places, or easements 
for public sewers. 

(e) Private Sewer. A private sewer is dis- 
tinguished from a side sewer as being any other 
private sewer or drain installed in any public 
street, alley or place including sidewalks, or 
easements for public sewers. 

(f) Reconstruction. Reconstruction shall 
include any side sewer work which requires 
alteration of the grade or alignment of an exist- 
ing side sewer due to relocation of an existing 
private sewer or the installation of a new private 
sewer. 

(g) Roadway. A roadway is that portion of a 
public street, alley or place which is open for 
public vehicular traffic as distinguished from a 
sidewalk, sidewalk area, walkway, path, trail or 
private driveway. In an improved public street, 
alley or place, the roadway is from side curb to 



101 



Sec. 102. 



San Francisco - Public Works Code 



102 



side curb. In an unimproved public street, alley 
or place the roadway shall be from curbline to 
curbline or such other lines of demarcation as 
the Director may establish. 

(h) Director. The Director of Public Works 
of the City and County of San Francisco. (Added 
by Ord. 114-77, App. 3/31/77) 

SEC. 103. OWNERSHIP AND 
RESPONSIBILITY FOR MAINTENANCE. 

All side sewers, private sewers, or utility 
drains are the property and maintenance respon- 
sibility of the owner or owners of property, facili- 
ties or structures tributary thereto. Repairs shall 
be at sole expense of such owner or owners 
except as provided in Section 103.1. (Added by 
Ord. 114-77, App. 3/31/77) 

SEC. 103.1. SIDE SEWER REPAIR. 

When the Department of Public Works deter- 
mines that a repair must be made to a side sewer 
located in a public roadway or property, or con- 
nected to a sewer main located in an easement 
on private property, the repair shall be made by 
the Department of Public Works. 

In the case of a side sewer in a public road- 
way the Department of Public Works shall be 
responsible only for that section extending from 
the side curb or curb line to the sewer main 
connection. In the case of a side sewer connected 
to a sewer main on City property or in a City 
easement on private property, the section of the 
side sewer subject to such repair shall extend 
from the nearest property line of the benefited 
property to the connection with the sewer main. 

In the event the condition of a side sewer 
cannot be determined due to the lack of an 
appropriate vent or vented trap the Department 
of Public Works shall require the owner or own- 
ers to install such a vent or vented trap before 
making any repair under this Section. 

The Department of Public Works shall in- 
clude a provision in the annual budget to cover 
the estimated costs of making repairs to side 
sewers as set forth herein in lieu of all fees or 
deposits as required by Sections 108 and 109 of 
this Article. 



This Section shall not be applicable to private 
sewers and utility drains as defined in Section 
102 and referred to in Section 103 hereof. 
(Amended by Ord. 439-82, App. 9/3/82) 

SEC. 104. DIRECTOR TO ABATE 
NUISANCE OR HAZARD. 

Notwithstanding any other provisions of the 
San Francisco Municipal Code it shall be the 
duty of the Director to cause the abatement of a 
nuisance or hazard as provided in this Section. 

(a) When the source of a nuisance or hazard 
is in or on private property the Director shall 
direct the Superintendent of the Bureau of Build- 
ing Inspection to abate the source of such nui- 
sance or hazard in accordance with the provi- 
sions of Part II, Chapter VII of the San Francisco 
Municipal Code (Plumbing Code). The Director 
shall also notify the Director of Public Health of 
any such nuisance. The Director shall also abate 
any such hazard by work in or on public property 
in accordance with the provisions of Section 
104(b) for other sources. 

(b) When the source of a nuisance or hazard 
is any side sewer, private sewer or utility drain 
the Director shall give written notice to abate. 
Notice shall be served by mailing said notice to 
the owner or owners of record of property tribu- 
tary to a side sewer or private sewer or to the 
business office in the City and County of San 
Francisco of the owner of a utility drain. In the 
case of a side sewer or private sewer public 
notice shall be provided by posting of copies of 
said notice in the vicinity of said nuisance or 
hazard. 

The notice shall describe said nuisance or 
hazard, shall direct the owner or owners to abate 
the nuisance or hazard within 10 days of the 
mailing of notice and shall advise that the Direc- 
tor will abate the nuisance or hazard if the owner 
or owners fail to do so. 

The Director will abate the nuisance or haz- 
ard on failure of the owner or owners to do so 
within the 10 days. (Added by Ord. 114-77, App. 
3/31/77) 



103 



Sewers 



Sec. 107. 



SEC. 104.1. RECOVERY OF ABATEMENT 
COSTS. 

(a) Each notice provided in Section 104 of 
this Article shall advise the owner or owners of 
responsibility for the expense of abatement of a 
nuisance or hazard. Any costs and charges in- 
curred by the City by reason of abatement of a 
nuisance or hazard by the Director shall be an 
obligation to the City owing by the owner or 
owners of tributary property. The Director shall 
mail to the owner(s) of the tributary property a 
notice of the amount due and a warning that lien 
proceedings will be initiated against the prop- 
erty if the amounts due are not paid within 30 
days after mailing of the notice. 

(b) Liens authorized under this section shall 
be imposed and collected in accordance with the 
requirements of Article XX of Chapter 10 of the 
San Francisco Administrative Code. The amount 
of such liens, exclusive of administrative costs 
and charges, shall be in accordance with the 
applicable provision of the following schedule: 

(1) For a side sewer in the roadway of any 
public street, alley or place, a fee of $200 for each 
tributary property. 

(2) For a side sewer other than (1) above, 
utility drain or private sewer, all costs and charges 
incurred by the City. (Added by Ord. 114-77, App. 
3/31/77; amended by Ord. 322-00, File No. 001917, 
App. 12/28/2000) 

SEC. 104.2. ABATEMENT FUNDS. 

Whenever the Director abates a nuisance or 
hazard at City expense the Director shall use 
any available fund. Any cost recovery under 
Section 104.1 shall be deposited to the credit of 
the fund from which City expense was made for 
such abatement. (Added by Ord. 114-77, App. 
3/31/77) 

SEC. 105. SIDE SEWER WORK BY 
PERMITS. 

It shall be unlawful for any person to make, 
or to cause, or to permit to be made, any excava- 
tion in or under the surface of the roadway of any 
public street in the City and County of San 
Francisco for the purpose of constructing, recon- 



structing or repairing any side sewer or drain 
therein, or to construct in or under the roadway 
of any public street any such side sewer or drain 
or to connect the same with any public sewer or 
to reconstruct or repair any such side sewer or 
drain heretofore constructed in or under the 
roadway of any public street and connected with 
the public sewer, without first obtaining the 
following two permits: 

(a) A special street opening permit from the 
Bureau of Engineering of the Department of 
Public Works, which permit will be issued only 
upon the filing of an excavation bond to guaran- 
tee the maintenance of the trench area, and the 
pajnnent of a deposit from which inspection 
expenses will be drawn; 

(b) A side sewer permit from the Central 
Permit Bureau. 

Nothing in this Section or in the Section next 
following shall limit the operations under a con- 
tract let by the Department of Public Works for 
work in a public street or easement or under a 
contract for such work which is supervised by 
that department. (Amended by Ord. 180-72, App. 
7/5/72) 

SEC. 106. CONNECTION TO PUBLIC 
SEWER IN OFF-STREET LOCATION. 

Connection of a side sewer to a main public 
sewer in an easement, or in any off-street loca- 
tion shall not be made without first obtaining a 
side sewer permit from the Central Permit Bu- 
reau of the Department of PubHc Works. (Amended 
by Ord. 180-72, App. 7/5/72) 

SEC. 107. WRITTEN REQUEST FOR 
SIDE SEWER. 

In lieu of the provisions of Sections 105 and 
106, above, when at any time any person desires 
the construction in or under the roadway of any 
public street, public sidewalk or public or private 
easement in the City and County of San Fran- 
cisco, of any side sewer or drain and the connec- 
tion thereof with a main public sewer, or the 
reconstruction or repair of any such side sewer or 
drain heretofore constructed and connected with 
such public sewer, or is required by law to have 



Sec. 107. 



San Francisco - Public Works Code 



104 



such construction, reconstruction or repair done 
or made, such person may in writing, request the 
Department of Public Works to make or cause to 
be made such construction, reconstruction or 
repair. (Amended by Ord. 180-72, App. 7/5/72) 



SEC. 108. 
FEE. 



ESTIMATE OF EXPENSE- 



Upon such request being so made, it shall be 
the duty of said department to make an estimate 
of the expense of opening or tearing up the 
roadway of the street wherein such construction, 
reconstruction or repair is to be made and of the 
restoration of the same to as good a condition as 
it was in before said opening or tearing up, 
together with the estimated expense of labor to 
be performed and materials to be used in such 
construction, reconstruction or repair, including 
a fee of $5 to be applied as for services for official 
supervision. 

SEC. 109. DEPOSIT BY APPLICANT. 

Such person must thereupon deposit the 
amount of such estimates, inclusive of said fee, 
with the Department of Public Works, the same 
to be paid by said department into the Side 
Sewer Fund. When such amount shall have been 
so deposited, it shall be the duty of the said 
department to proceed to open or tear up the 
roadway of such street and construct the side 
sewer or drain so requested, in a proper manner 
with approved material, and properly connect 
the same with the public sewer, or to reconstruct 
or repair the existing side sewer or drain in a 
proper manner under its supervision, and there- 
after said department shall at the proper time 
restore the said roadway to as good a condition 
as it was in before such opening or tearing up. 

SEC. 110. MATERIAL— APPLICANT MAY 
FURNISH— CREDIT. 

In case such person elects to furnish at his or 
its own expense any or all of the materials 
needed for use in such construction, reconstruc- 
tion or repair, which privilege of such election is 
hereby expressly accorded, then the estimates 



hereinbefore provided for shall not include as an 
item therein the estimated expense of any or all 
of the said materials to be so furnished. 

SEC. 111. DAY LABOR OR CONTRACT. 

Contracts for the doing of the aforesaid work 
or any part thereof may be let by the said 
Department of Public Works in the manner pro- 
vided in the Chgirter of the said City and County 
or such work or any part of the same may, at the 
option of said department, be done by days' labor. 

SEC. 112. EXPENSE EXCEEDING 
ESTIMATE CONSTITUTES LIEN. 

If the expense of such construction, recon- 
struction or repair has been more than the 
aforesaid estimate given by the Department of 
Public Works, the person shall be indebted to the 
City and County of San Francisco for such bal- 
ance; and the same shall constitute a lien upon 
the property of such person. Said lien shall 
remain in force until such balance has been paid, 
or until the lien shall be legally discharged. Said 
lien may be enforced by suit brought by the said 
City and County in accordance with the provi- 
sions of the Code of Civil Procedure of the State 
of California. 

SEC. 113. EXPENSE LESS THAN 
ESTIMATE— CLAIM. 

If the expense of such work has been less 
than the aforesaid estimate, then the surplus 
shall constitute a claim in favor of such person 
against the said City and County, and as such 
shall be presented, approved and paid as other 
claims. 

SEC. 114. CERTIFICATE OF PROPER 
CONSTRUCTION— ISSUANCE UPON 
DEMAND. 

Upon the construction, reconstruction or re- 
pair of any side sewer or drain as in Sections 105 
through 118 of this Article provided for, the 
Department of Public Works shall issue to the 
person at whose request and expense the same 
has been made, a certificate reciting the fact of 



105 



Sewers 



Sec. 117. 



the proper construction, reconstruction or repgiir 
of such side sewer or drain, if the same be 
demanded. 

SEC. 115. RESOLUTION OF INTENTION 
FOR SIDE SEWERS— EXCEPTION. 

It is hereby determined that in the improve- 
ment of streets by the construction of sewers 
therein, that the resolution of intention adopted 
as a part of the proceedings relating to such 
improvement shall provide for the construction 
of side sewers to abutting property, except where 
the City Engineer reports to the Department of 
Public Works that construction of certain side 
sewers is not advisable. 

SEC. 116. SEWERS CONSTRUCTED 
FROM PUBLIC FUNDS— PROCEDURE. 

In the case of all sewers constructed by public 
funds, the specifications and contract shall make 
like provision for the construction of such side 
sewers, except where the City Engineer reports 
to the Department of Public Works that such 
side sewer construction is inexpedient, and when 
side sewers are constructed under the provisions 
of Sections 105 through 118 of this Article, the 
cost of such side sewers shall be assessed to the 
abutting property. 

SEC. 116.1. SEWERS CONSTRUCTED 
FROM PUBLIC FUNDS— CONNECTION 
TO. 

Where connection to a sewer constructed 
with public funds is sought by the owner of a 
parcel which has not been assessed for or paid for 
the construction of such sewer, the Director of 
Public Works is authorized to impose a sewer 
connection fee which shall be paid to the City at 
the time such owner requests connection to the 
sewer. 

The amount of the fee shall be based on the 
cost to construct a 12-inch diameter sewer. At 
locations where a smaller sewer has been con- 
structed, the amount of the fee shall be based on 
the cost of the sewer so installed. The fee shall be 
equal to, but not greater than, the assessment 
that could have been levied for the construction 
of the sewer facilities at the time they were 



constructed. The fee shall be collected by the Tax 
Collector and placed into the account from which 
funds were taken to construct the sewer in front 
of said property. (Added by Ord. 209-71, App. 
8/11/71) 

SEC. 117. MATERIALS AND 
CONSTRUCTION REQUIREMENTS. 

Public sewers and side sewers shall be con- 
structed in accordance with current Standard 
Specifications and Plans of the Bureau of Engi- 
neering, Department of Public Works, and such 
other regulations of the bureau as may be appli- 
cable. 



San Francisco - Public Works Code 106 



[The next page is 125] 



ARTICLE 4.1: INDUSTRIAL WASTE 



Purpose. 

Definitions. 

Authority of the General 

Manager. 

Emergency Actions. 

Right to Enter Premises. 

Limitations and Prohibitions. 

Permit Provisions. 

Permit Process. 

Registration by Wastewater 

Producers. 

Reporting and SampUng 

Requirements. 

Variances. 

General Manager's Hearings. 

General Manager's Hearings for 

Rules and Regulations. 

Industrial Waste Review Board. 

Enforcement and Cost 

Reimbursement. 

Penalties. 

Liens. 

Newspaper Notification of 

Violations. 

Disclosure of Information. 

Retention of Discharger 

Information. 

Severability. 

Citizen Enforcement Actions. 



SEC. 118. PURPOSE. 

The purpose of this Article and the City's 
industrial waste pretreatment program is to 
protect human health and the environment by 
preventing the discharge of pollutants into the 
sewerage system that would: (i) obstruct or dam- 
age the system; (ii) interfere with, inhibit or 
disrupt treatment facilities and processes, or the 
processing, use or disposal of sludge; (iii) pass 
through the sewerage system and contribute to 



Sec. 


118. 


Sec. 


119. 


Sec. 


120, 


Sec. 


121. 


Sec. 


122, 


Sec. 


123, 


Sec. 


124 


Sec. 


125, 


Sec. 


126, 


Sec. 


127, 


Sec. 


128. 


Sec. 


129, 


Sec. 


130. 


Sec. 


131. 


Sec. 


132. 


Sec. 


133. 


Sec. 


134. 


Sec. 


135. 


Sec. 


136. 


Sec. 


137. 


Sec. 


138. 


Sec. 


139. 



violations of regulatory requirements imposed 
on the City; or (iv) otherwise harm, or threaten 
to harm htrnian health or the environment. (Added 
by Ord. 19-92, App. 1/23/92; amended by Ord. 
116-97, App. 3/28/97) 

SEC. 119. DEFINITIONS. 

For the purpose of this Article, the following 
definitions shall apply: 

(a) Act. The Federal Water Pollution Con- 
trol Act, also known as the Clean Water Act, as 
amended, 33 U.S.C. 1251, et seq. 

(b) Approved Side Sewer. A sewer con- 
structed and maintained in accordance with ap- 
plicable City laws and regulations. 

(c) Baseline Monitoring Report. A com- 
prehensive report submitted to the General Man- 
ager by certain dischargers pursuant to Section 
127. This report shall comply with the require- 
ments of federal regulations at 40 CFR 
403. 12(b)( 1990), which is incorporated by refer- 
ence in this Article. 

(d) Bioaccumulative Toxic Substance. 

A toxic substance that concentrates in living 
organisms through direct assimilation or accu- 
mulation in the food chain, as defined in Title 22, 
California Code of Regulations and any amend- 
ments thereto. 

(e) Biochemical Oxygen Demand (BOD) 
Test. The empirical bioassay-type procedure speci- 
fied in federal regulations at 40 CFR Part 136 
(1990) that measures the dissolved oxygen con- 
sumed by microbial life while assimilating and 
oxidizing the organic matter present. 

(f) Categorical Pretreatment Standard 
or Pretreatment Standard. A regulation con- 
taining pollutant discharge limits promulgated 
by the United States Environmental Protection 
Agency (EPA) in accordance with Sections 307(b) 
and (c) of the Act. 

(g) City. The City and County of San Fran- 
cisco. 



125 



Sec. 119. 



San Francisco - Public Works Code 



126 



(h) Class I Permit. An order issued by the 
General Manager that grants a significant indus- 
trial user permission to discharge into the City's 
sewerage system. 

(i) Class II Permit. An order issued by the 
General Manager that grants a minor discharger 
permission to discharge into the City's sewerage 
system. 

(j) Department. Unless otherwise stated, 
the Public Utilities Commission of the City and 
County of San Francisco. 

(k) General Manager, The General Man- 
ager of the Public Utilities Commission of the 
City, or a designated representative of the Gen- 
eral Manager. 

(1) Discharge. The direct or indirect intro- 
duction of pollutants or wastewater into the 
sewerage system. 

(m) Discharger. The owner of record, les- 
see, sublessee, mortgagee in possession, or any 
person, whether located within or outside City 
boundaries, that (i) discharges or threatens to 
discharge pollutants into the sewerage system, 
or (ii) is responsible for the process which di- 
rectly or indirectly introduces pollutants into the 
sewerage system. 

(n) Flammable or Explosive Substances. 
Pollutants which create a fire or explosion haz- 
ard in the sewerage system, including, but not 
limited to, pollutants with a closed cup flash- 
point of less than 140° Fahrenheit (60° Celsius), 
as determined by a Pensky-Martens Closed Cup 
Tester, using the test method specified in ASTM 
Standard D-93-79 or D-93-80 or a Setaflash 
Closed Cup Tester, using the test method speci- 
fied in ASTM Standard D-3828-81. 

(o) Grab Sample. An individual sample of 
wastewater collected over a period of time not 
exceeding 15 minutes, as defined in federal regu- 
lations at 40 CFR 403.7(d)(2)(iv) (1990). 

(p) Hydrocarbon Oil and Grease. The 
empirical test for that fraction of total recover- 
able oil and grease that is of a petroleum nature 
as specified in federal regulations at 40 CFR 
Part 136 (1990). 

(q) Industrial User. Used interchangeably 
with Discharger. 



(r) Interference. An inhibition or disrup- 
tion of the sewerage system, treatment processes 
or operations, or sludge processes, including the 
use or disposal of sludge, which causes or threat- 
ens to cause a violation of any requirement of the 
City's permits to operate sewage treatment fa- 
cilities as defined by State or federal laws and 
regulations. Violations include, but are not lim- 
ited to, an increase in the magnitude or duration 
of a violation and the prohibition of City use or 
disposal of sludge. 

(s) Minor Discharger. A discharger other 
than a significant industrial user. 

(t) New Source. Any person who becomes 
or may become a discharger subject to this Ar- 
ticle under the following circumstances: 

(i) The person proposes to discharge waste- 
water into the sewerage system or submits a 
Class I or Class II permit application for the 
proposed initial wastewater discharge from any 
location, or (ii) the person submits a permit 
application for a proposed discharge of trucked 
waste under Section 124(d), or (iii) the person is 
notified that a proposed discharge, or a modifi- 
cation or addition to an existing discharge, will 
be subject to Categorical Pretreatment Stan- 
dards pursuant to a certification under 40 CFR 
403.6 (1990), or any amendment thereto, or (iv) 
the discharge results from a new source as 
defined in 40 CFR 403.3(k) (1990), regardless of 
when a permit application is submitted, or (v) 
the discharge is determined to be subject to any 
new source requirements of this Article by the 
General Manager. 

(u) Ninety Day (90-Day) Compliance Re- 
port. A compliance report submitted to the Gen- 
eral Manager by certain dischargers pursuant to 
Section 127(d) or a permit, notifying the General 
Manager whether compliance has been or is 
being achieved. For Class I permittees, this 
report shall comply with the requirements of 
federal regulations at 40 CFR 403.12(d) (1990), 
which are incorporated by reference in this Ar- 
ticle. 

(v) NPDES (National Pollutant Dis- 
charge Elimination System) Permit. Any per- 
mit issued to the City by the United States 



127 



Industrial Waste 



Sec. 119. 



Environmental Protection Agency or the State of 
California, applicable to the City's discharges 
from the sewerage system into the receiving 
waters pursuant to Section 402 of the Act. 

(w) Order. A written determination, revo- 
cation, authorization, permission, or document 
issued by the General Manager pursuant to this 
Article. 

(x) Pass-Through. A discharge that enters 
receiving waters through the sewerage system in 
quantities or concentrations which alone, or in 
combination with a discharge or discharges from 
other sources, causes or threatens to cause a 
violation of the City's NPDES permits, including 
an increase in the magnitude or duration of a 
violation. 

(y) Permit. Authorization issued to a dis- 
charger by the General Manager pursuant to 
Sections 124 and 125 allowing the discharge of 
wastewater into the City's sewerage system in 
accordance with all applicable laws and regula- 
tions. 

(z) Person. An individual, firm, partner- 
ship, joint venture, association, social club, fra- 
ternal organization, joint stock company, corpo- 
ration, estate, trust, business trust, receiver, 
trustee, syndicate, any group or a combination 
acting as unit, the United States of America, the 
State of California and any political subdivision 
of either thereof, or any public entity organized 
pursuant to the laws of the United States of 
America or the State of California. 

(aa) Pollutant. The term pollutant means 
dredged spoil, solid waste, incinerator residue, 
sewage, garbage, sewage sludge, munitions, chemi- 
cal wastes, biological materials, radioactive ma- 
terials, heat, wrecked or discarded equipment, 
rock, sand, cellar dirt, any substances listed in 
Section 123(a), (b), (c) or (e) of this Article, and 
industrial, municipal, or agricultural waste, which 
is or may be introduced into the City's sewerage 
system. 

(bb) Properly Ground Garbage. The 

wastes from the preparation, cooking, and dis- 
pensing of food which has been shredded to such 



a degree that all particles will be carried freely 
under the flow conditions normally prevailing in 
the sewerage system. 

(cc) Quarterly Reports. Reports submit- 
ted by a Class I permit holder to the General 
Manager as provided in EPA regulations at 40 
CFR 403.12(e) (1990), which are incorporated by 
reference in this Article. 

(dd) Receiving Waters. The waters con- 
tiguous to the City, including, but not limited to, 
Central Basin, China Basin, India Basin, Islais 
Creek Channel, the Pacific Ocean, San Francisco 
Bay, South Basin, and South Bay. 

(ee) Sewerage System. All public facilities 
for collecting, transporting, treating and dispos- 
ing of stormwater and pollutants in wastewater. 
The sewerage system includes facilities owned 
and operated by public entities other than the 
City, where such facilities direct wastewater into 
the sewerage system and are subject to the 
jurisdiction of the City as defined by law, con- 
tract, or interjurisdictional agreement. 

(ff) Sewer Service Charge. The charge 
assessed for collecting, transporting, treating 
and disposing of wastewater in accordance with 
this Article, Articles 4.2 and 4.3 of the Public 
Works Code, as amended from time to time, and 
annual rate resolutions adopted by the Board of 
Supervisors. 

igg) Significant Industrial User. A per- 
son that is: 

( 1 ) Subj ect to Categorical Pretreatment Stan- 
dards; or 

(2) Discharges 25,000 gallons per day or 
more of wastewater, excluding sanitary, noncon- 
tact cooling and boiler blowdown wastewater; or 

(3) Discharges wastewater that constitutes 
five percent or more of the average dry-weather 
hydrauHc or organic (BOD, TSS) capacity of the 
tributary water pollution control plant; or 

(4) Discharges a wastestream that, in the 
opinion of the General Manager, will or may 
adversely affect the sewerage system by causing 
interference, pass-through of pollutants, sludge 
contamination, or endangerment of City work- 
ers. 



Sec. 119. 



San Francisco - Public Works Code 



128 



(hh) Significant Noncompliance. For pur- 
poses of Section 135 of this Article, a discharger 
is in significant noncompKance if its violation 
meets one or more of the following criteria: 

(1) Chronic violations of wastewater dis- 
charge limits; defined here as those in which 66 
percent or more of all of the measurements taken 
during a six-month period exceed (by any mag- 
nitude) the daily maximum limit or the average 
limit for the same pollutant parameter; 

(2) Technical review criteria (TRC) viola- 
tions; defined here as those in which 33 percent 
or more of all of the measurements taken during 
a six-month period equal or exceed the product of 
the daily average maximum limit or the average 
limit times the applicable TRC (TRC = 1.4 for 
BOD, TSS, fats, oil and grease, and 1.2 for all 
other pollutants except pH); 

(3) Any other violation of a discharge limi- 
tation that the General Manager believes has 
caused, alone or in combination with other dis- 
charges, interference or pass-through (including 
endangering the health of Department personnel 
or the general public); 

(4) Any discharge of a pollutant that may 
cause imminent endangerment to human health, 
welfare or to the environment and has resulted 
in the General Manager's exercise of his or her 
emergency authority to halt or prevent such a 
discharge; 

(5) Violation, by 90 days or more after the 
schedule date, of a compliance schedule mile- 
stone contained in any permit or order issued by 
the General Manager, for starting construction, 
completing construction, or attaining final com- 
pliance; 

(6) Failure to provide required reports such 
as baseline monitoring reports, 90-day compli- 
ance reports, quarterly monitoring reports, com- 
pliance schedule progress reports, and any other 
reports required by the General Manager within 
30 days of the due date; 

(7) Failure to accurately report noncompli- 
ance; or 



(8) Any other violations or group of viola- 
tions which the General Manager determines 
will adversely affect the operation of the sewer- 
age system or implementation of this Article. 

(ii) Sludge or Sewage Sludge. A liquid, 
semisolid or solid residue that contains material 
removed during the treatment of wastewater 
discharged from domestic and nondomestic 
sources. 

(jj ) Soluble Threshold Limit C oncentra- 

tion (STLC). The concentration of a solubilized 
and extractable bioaccumulative or persistent 
toxic substance which, if equaled or exceeded in 
a waste, renders the waste hazardous as defined 
in Title 22, California Code of Regulations and 
its amendments. 

(kk) Total Recoverable Oil and Grease. 

The empirical test for oil and grease, whether 
petroleum based or otherwise, as defined by EPA 
anal3d:ical methodology provided in federal regu- 
lations at 40 CFR Part 136 (1990). 

(11) Total Suspended Solids (TSS) Test. 

The empirical test for total suspended solids (or 
nonfilterable residue), specified in federal regu- 
lations at 40 CFR Part 136 (1990) that defines 
those solids that are retained by a glass filter 
and dried to constant weight at 103 — 105 de- 
grees Celsius. 

(mm) Trucked Waste Discharger. Per- 
sons who discharge wastewater into the sewer- 
age system by truck hauling, rail access, a dedi- 
cated pipeline, or any means other than an 
approved side sewer. 

(nn) Wastew^ater. Water containing pollut- 
ants, including sanitary waste and stormwater, 
which is or may be discharged into the sewerage 
system by any person subject to this Article. 
(Added by Ord. 19-92, App. 1/23/92; amended by 
Ord. 116-97, App. 3/28/97) 

SEC. 120. AUTHORITY OF THE 
GENERAL MANAGER. 

(a) The General Manager is authorized to 
administer and enforce the provisions of this 
Article; to conduct an industrial waste pretreat- 
ment program; to issue permits containing dis- 
charge requirements, indemnification and surety 



129 



Industrial Waste 



Sec. 122. 



provisions and other conditions; to deny or re- 
voke any permits, orders or variances issued 
pursuant to this Article; to promulgate local 
limitations imposing specific discharge require- 
ments; to enforce the provisions of this Article by 
any lawful means available for such purpose; to 
monitor and inspect any wastewater discharger; 
to require dischargers to perform and submit for 
the General Manager's review and approval wast- 
estream and process environmental audits and 
to require dischargers to implement any objec- 
tives, including reclamation and waste minimi- 
zation objectives, identified by the audits; and to 
promulgate such orders, rules and regulations 
necessary to accomplish the purposes of this 
Article in accordance with the requirements that 
have been or may be promulgated by federal or 
state legislatures, the Environmental Protection 
Agency, the State Water Resources Control Board, 
the Regional Water Quality Control Board for 
the San Francisco Bay Region or other autho- 
rized agencies. 

(b) The General Manager is authorized to 
require the construction and use of pretreatment 
systems or devices to treat wastewater prior to 
discharge to the sewerage system when neces- 
sary to restrict or prevent the discharge of waste- 
water in violation of the Categorical Pretreat- 
ment Standards or exceeding the limits 
established by this Article, or to distribute waste- 
water discharges over a period of time. The 
General Manager may require any discharger to 
develop a compliance schedule containing dates 
for the commencement and completion of major 
events leading to the construction and operation 
of pretreatment systems or devices necessary for 
compliance with the provisions of this Article in 
the shortest time possible. No compliance sched- 
ule shall allow more than nine months between 
any two major event dates. All proposed pretreat- 
ment systems or devices shall be subject to the 
review and comment of the General Manager, 
but such review shall not relieve a discharger of 
the responsibility for taking all steps necessary 
to comply with all applicable wastewater dis- 
charge limitations and standards pursuant to 
this Article and other laws. All required pretreat- 



ment systems or devices shall be installed, oper- 
ated and maintained at the discharger's expense. 

(c) The General Manager may, by permit or 
order, require a discharger to construct, in accor- 
dance with current City standards and at the 
discharger's expense, a monitoring facility in 
each side sewer in the street or sidewalk area, or 
in areas further upstream on the discharger's 
property, for wastewater monitoring purposes. 
The construction shall be completed within the 
time set forth in the permit or order. 

(d) Any permit may be revoked, modified or 
suspended by the General Manager, in addition 
to other remedies provided by law, when such 
action is necessary to stop a discharge or a 
threatened discharge that may present a hazard 
to the public health, safety, welfare, natural 
environment, or sewerage system, to prevent or 
stop violations of this Article, or to implement 
programs or policies required or requested of the 
City by appropriate state or federal regulatory 
agencies. (Added by Ord. 19-92, App. 1/23/92; 
amended by Ord. 116-97, App. 3/28/97) 

SEC. 121. EMERGENCY ACTIONS. 

The General Manager is authorized to take 
all necessary actions to immediately and effec- 
tively halt or prevent any discharge or threat- 
ened discharge of pollutants to the sewerage 
system that may be an imminent endangerment 
to the health or welfare of persons or to the 
environment, or that interferes or threatens to 
interfere with the operations of the sewerage 
system. The discharger shall immediately cease 
undertaking such action or discharge of any 
wastewater presenting such a hazard upon ver- 
bal or written notification by the General Man- 
ager. (Added by Ord. 19-92, App. 1723/92; amended 
by Ord. 116-97, App. 3/28/97) 

SEC. 122. RIGHT TO ENTER PREMISES. 

(a) Upon showing of proper credentials, per- 
sons authorized by the General Manager, when 
necessary for the performance of their duties, 
shall have the right to enter the discharger's 
premises. Such authorized personnel may have 
access to any facilities and records necessary for 
determining compliance, including, but not lim- 



Sec. 122. 



San Francisco - Public Works Code 



130 



ited to, the ability to copy any records, inspect 
any monitoring equipment, and sample any waste- 
water subject to regulation under this Article. 
Notwithstanding any provision of law, persons 
authorized by the General Manager may enter a 
discharger's premises at any time if the General 
Manager determines that an imminent hazard 
to persons or property exists on or as a result of 
activities conducted on the discharger's pre- 
mises. 

(b) The General Manager may inspect the 
process areas of a discharger, inspect chemical 
and waste storage areas, inspect, sample and 
monitor wastewater production activities. (Added 
by Ord. 19-92, App. 1/23/92; amended by Ord. 
116-97, App. 3/28/97) 

SEC. 123. LIMITATIONS AND 
PROHIBITIONS 

(a) Any grab sample of the discharger's 
wastewater shall not at any time exceed any of 
the following numerical limitations: 

Pollutant Parameter Limits 

(1) pH 6.0 min; 9.5 max 

(2) Dissolved sulfides 0.5 mg/1 

(3) Temperature (except 125° (52° C) 
where higher tempera- 
tures are required by law) 

(4) Hydrocarbon oil and 100 mg/1 
grease 

(b) Any composite sample representative of 
the total discharge of the wastewater discharge 
generated over a production week shall not ex- 
ceed the following numerical limitation: 

Pollutant Parameter Limit 

Total recoverable oil and grease 300 mg/1 

Representative composite total recoverable 
oil and grease samples shall be composited by 
grab sampling, as required in federal regulations 
at 40 CFR Part 403 (1990), which are incorpo- 
rated by reference in this Article. 

(c) In addition to the provisions of this Ar- 
ticle, all dischargers must comply with all re- 
quirements set forth in federal Categorical Pre- 
treatment Standards and other applicable federal 
regulatory standards, applicable State orders 



and water quality control regulations, sewage 
discharge permits and orders issued to the City 
by federal and State agencies, federal and State 
pretreatment program approval conditions, local 
discharge limitations and regulations promul- 
gated by the General Manager and the City, and 
any other applicable requirement regulating the 
discharge of wastewater into the sewerage sys- 
tem. The General Manager is authorized to de- 
velop and enforce such local limitations as he or 
she deems necessary for the City's compliance 
with State and federal laws and requirements 
and the enforcement of this Article. 

(d) Discharge of wastewater containing ra- 
dioactive materials is permitted only if the fol- 
lowing conditions are satisfied: 

(1) The discharger obtains a permit from 
the General Manager for the discharge of radio- 
active materials; 

(2) The discharger is authorized to use ra- 
dioactive materials by the Nuclear Regulatory 
Commission or other governmental agency em- 
powered to regulate the use of radioactive mate- 
rials; and 

(3) The radioactive material is discharged 
in strict conformity with all Nuclear Regulatory 
Commission or other governmental agency re- 
quirements. 

(e) No person shall discharge, deposit, throw, 
cause, allow or permit to be discharged, depos- 
ited or thrown into the City's sewerage system 
any substance of any kind whatever, including 
oxygen-demanding pollutants, that may or will 
in any manner cause interference or pass- 
through, obstruct or damage the sewerage sys- 
tem, cause a nuisance, interfere with the proper 
operation, repair or maintenance of the sewerage 
system, interfere with the proper operation, re- 
pair or maintenance of a reclaimed water pro- 
duction or distribution facility, create difficulty 
for any workers to repair or maintain any part of 
the sewerage system, or directly or indirectly 
cause a violation of the City's federal or State 
sewage discharge permits or any other require- 
ment applicable to the City. Such substances 
include, but are not limited to the following: 

(1) Ashes, cinders, sand, gravel, dirt, bark, 
leaves, grass cuttings and straw, metals, glass, 
ceramics and plastics, or any other solid or 



131 



Industrial Waste 



Sec. 124. 



viscous substance capable of causing obstruction 
to the flow in sewers, or that will not be carried 
freely under the flow conditions normally pre- 
vailing in the City's sewerage system; 

(2) Any flammable or explosive substances; 

(3) Garbage, excepting properly ground gar- 
bage discharged in accordance with this Article, 
from dwellings and restaurants or other estab- 
lishments engaged in the preparation of foods 
and beverages; 

(4) Any toxic, hazardous, noxious or mal- 
odorous substance that either singly or by inter- 
action with other wastes may or will prevent 
maintenance of the sewerage system or create a 
nuisance or hazard to the safety of the public or 
City employees; 

(5) Any bioaccumulative toxic substance that 
exceeds the soluble threshold limit concentration 
(STLC); 

(6) Any wastewater, in temperature or quan- 
tity, which will cause the temperature of influent 
to exceed 104° Fahrenheit (40° Celsius) at the 
point of introduction to any City wastewater 
treatment plant; 

(7) Any liquids, solids or gases or any dis- 
charge that may cause damage or harm to any 
reclaimed water facility, or that may limit or 
prevent any use of reclaimed water authorized 
by Title 22 of the California Code of Regulations. 

(f) No person shall discharge without a per- 
mit any pollutants, except stormwater, directly 
or indirectly into a manhole, catchbasin, or other 
opening in the sewerage system other than an 
approved side sewer. 

(g) No discharger shall increase the use of 
process water or, in any other way, attempt to 
dilute a discharge as a partial or complete sub- 
stitute for adequate treatment to achieve compli- 
ance with the requirements of this Article. 

(h) No person shall discharge groundwater 
or water from sumps or dewatering facilities into 
the sewerage system without a permit. An appli- 
cation for a permit pursuant to this subsection 
shall be submitted to the General Manager no 
later than 45 days prior to the proposed com- 
mencement of the discharge. Each permit for 
groundwater discharge shall contain appropri- 



ate discharge standards and any other appropri- 
ate requirements that must be achieved before 
discharge into the sewerage system may com- 
mence. Such discharges shall be subject to pay- 
ment of sewer service charges in accordance with 
the provisions of applicable City laws. The Gen- 
eral Manager may require the discharger to 
install and maintain meters at the discharger's 
expense to measure the volume of the discharge. 

(i) No person shall discharge wastewater 
associated with groundwater cleanup or reme- 
diation plans without first obtaining a permit. 
An application for a permit pursuant to this 
subsection shall be submitted to the General 
Manager no later than 45 days prior to the 
proposed commencement of the discharge. A per- 
mit may be issued only if an effective pretreat- 
ment system on the process stream is main- 
tained and operated. Each permit for such 
discharge shall contain appropriate discharge 
standards based on this Article and reports or 
data provided by the discharger, as well as any 
other appropriate requirements that must be 
achieved at the time the discharge commences. 
Such discharges shall be subject to payment of 
sewer service charges in accordance with the 
provisions of applicable City laws. The General 
Manager may require the discharger to install 
and maintain meters at the discharger's expense 
to measure the volume of the discharge. The 
General Manager may require that such discharg- 
ers shall indemnify and hold harmless the City 
from any and all costs, claims, damages, fines, 
remediation costs, losses and other expenses 
arising from the discharge into the sewerage 
system. 

(j) The discharge of wastewater associated 
with asbestos abatement operations is autho- 
rized without a permit, provided that the waste- 
water has been pretreated through a system that 
provides for removal of waterborne asbestos. 
(Added by Ord. 19-92, App. 1/23/92; amended by 
Ord. 116-97, App. 3/28/97) 

SEC. 124. PERMIT PROVISIONS. 

(a) It shall be unlawful for any significant 
industrial user to discharge or cause to be dis- 
charged any wastewater whatsoever, directly or 



Sec. 124. 



San Francisco - Public Works Code 



132 



indirectly, into the sewerage system without first 
obtaining a Class I permit authorizing the dis- 
charge. The General Manager may require mi- 
nor dischargers to obtain Class II permits con- 
taining specified requirements whenever 
necessary to further the objectives of this Article. 
It shall be unlawful for any discharger to dis- 
charge any wastewater in excess of permit re- 
quirements or to violate any other requirement 
of this Article. 

(b) Permits for wastewater discharges may 
include, but are not limited to, conditions and 
terms requiring pretreatment of wastewater be- 
fore discharge; limiting discharge of certain waste- 
water parameters; restricting peak flow dis- 
charges; requiring standards of performance on 
the wastewater quality; restricting discharge to 
certain hours of the day; requiring payment of 
additional charges to defray increased costs to 
the City created by the wastewater discharge; 
requiring sampling and monitoring before and 
during discharge; requiring specific investiga- 
tions or studies to determine methods of reduc- 
ing toxic constituents in discharges; and other 
conditions and terms necessary to achieve the 
objectives of this Article. Permits shall be issued 
for a fixed time period not to exceed five years. 

(c) Each permit shall include requirements 
that the discharger shall reimburse the City for 
extraordinary costs, in addition to the applicable 
sewer service charge, for treatment, pumping, 
maintenance of the sewerage system, adminis- 
tration, incidental expenses, inspection and moni- 
toring, and payment of penalties imposed on the 
City by enforcement agencies caused by the 
specific characteristics of the discharge into the 
sewerage system. When the discharge of waste- 
water or any pollutant causes an obstruction, 
damage or other impairment to the sewerage 
system, the discharger shall pay to the City an 
amount equal to the costs of cleaning and repair- 
ing the sewerage system, plus all related admin- 
istrative costs, penalties and other incidental 
fees and expenses. Permits for discharges shall 
not be renewed unless all such costs have been 
paid to the City. 



(d) The discharge of wastewater into the 
sewerage system through means other than an 
approved side sewer is prohibited, unless autho- 
rized by a permit. This subsection does not apply 
to groundwater discharges authorized in accor- 
dance with Section 123(h) of this Article. Trucked 
waste dischargers shall obtain a permit from the 
General Manager prior to commencing any dis- 
charge. The General Manager shall prescribe 
requirements consistent with this Article and 
any other applicable laws and regulations, in- 
cluding but not limited to requirements to pay 
appropriate permit fees and charges. Permits 
shall not be granted to trucked waste discharg- 
ers that do not have San Francisco business 
licenses or are discharging wastewater pro- 
duced, treated, or stored in facilities not located 
within the General Manager's jurisdiction un- 
less the trucked waste discharger enters into a 
binding contractual commitment to be subject to 
and comply with the requirements of this Article 
and the exercise of the General Manager's au- 
thority granted by this Article. The General 
Manager may require any person subject to this 
subsection: 

(1) To treat wastewater on its own site prior 
to discharge into the sewerage system, whether 
the discharge is through an approved side sewer 
or by any other means approved by the General 
Manager; 

(2) To construct a side sewer in accordance 
with Department specifications and cease the 
discharge of wastewater in any manner other 
than through the approved side sewer; 

(3) To provide the General Manager with a 
compliance schedule, as specified in Section 120(b), 
for meeting the provisions of this Article; 

(4) To perform and submit for the General 
Manager's review and approval wastestream and 
process environmental audits and to implement 
any objectives, including reclamation and waste 
minimization objectives, identified by the audits. 
(Added by Ord. 19-92, App. 1/23/92; amended by 
Ord. 116-97, App. 3/28/97) 

SEC. 125. PERMIT PROCESS. 

(a) Persons discharging wastewater into the 
sewerage system prior to the effective date of 
this amendment to this Article shall submit an 



133 



Industrial Waste 



Sec. 127. 



application for a permit when notified by the 
General Manager. Except as provided in Section 
123(h), (i) and (j), a new source must submit an 
application at least 90 days prior to commence- 
ment of the discharge. 

(b) Applicants for either a permit, a permit 
modification, or a permit renewal shall complete 
and submit an application for each point of 
discharge. The General Manager, at his or her 
discretion, may require submission of informa- 
tion on the characteristics of the discharge in 
addition to information provided in the applica- 
tion. The completed application shall be submit- 
ted by the discharger not less than 90 days prior 
to the commencement of the discharge or the 
modified discharge, or in the case of a permit 
renewal, 90 days prior to the expiration date of 
an existing permit. The application shall contain 
the certification required by Section 127(f) of this 
Article and shall be signed by an authorized 
representative of the discharger in accordance 
with Section 127(g) of this Article. No person 
shall commence discharge prior to issuance of 
the permit. 

(c) No permit may be issued unless the 
applicant has complied with all requirements of 
this Article and all applicable City, State and 
federal laws; the applicant has furnished all 
requested information; the General Manager de- 
termines that there are adequate devices, equip- 
ment, chemicals, and other facilities to sample, 
meter, convey, treat, and dispose of wastewater; 
and the persons responsible for treatment and 
control are adequately trained and capable of 
consistently meeting permit requirements. The 
General Manager shall take final action on per- 
mit denial, issuance, modification, or renewal by 
sending a copy of the permit to the applicant by 
certified mail. 

(d) The General Manager shall post a notice 
of permit issuance, denial, renewal or modifica- 
tion at City Hall, or by publication in a newspa- 
per of general circulation. The notice shall in- 
clude a summary of the General Manager's action 
on the permit, and instructions for filing a public 
hearing request. The General Manager's action 
shall be final 15 days afler the General Manager's 



posting or publication of the notice of permit 
action, or within the time specified in the notice, 
unless a public hearing request has been filed in 
accordance with Section 125(e). 

(e) Any person who deems that his or her 
interests or property or that the general public 
interest will be adversely affected by the General 
Manager's denial, issuance, modification, or re- 
newal of a permit may request a public hearing 
within 15 days of the General Manager's posting 
or publication of a notice of permit action, or 
within the time specified in the notice. Upon 
receipt of a timely request for a public hearing, 
the General Manager shall hold a public hearing 
after giving the notice provided in Section 129(b). 
(Added by Ord. 19-92, App. 1/23/92; amended by 
Ord. 116-97, App. 3/28/97) 

SEC. 126. REGISTRATION BY 
WASTEWATER PRODUCERS. 

(a) Every person within the General 
Manager's jurisdiction who engages in any activ- 
ity or process that collects or produces wastewa- 
ter and does not discharge such wastewater into 
the sewerage system through an approved side 
sewer shall register its activities with the Gen- 
eral Manager. The General Manager shall re- 
quire each registrant to provide information de- 
scribing the wastewater-producing activity, the 
nature and characteristics of the wastewater, 
and the ultimate use or methods of disposal of 
the wastewater. Registration must be renewed 
annually. 

(b) The General Manager may take samples, 
inspect and monitor any activity or process sub- 
ject to this Section, and may require that the 
collector or producer of wastewater provide moni- 
toring and sampling information. (Added by Ord. 
19-92, App. 1/23/92; amended by Ord. 116-97, 
App. 3/28/97) 

SEC. 127. REPORTING AND SAMPLING 
REQUIREMENTS. 

(a) All dischargers shall submit periodic 
reports to the General Manager, and the General 
Manager may require any reports or information 
appropriate for the nature of any discharge, on a 
case-by-case basis. Specific reporting require- 



Sec. 127. 



San Francisco - Public Works Code 



134 



ments shall be specified in the permit, or in 
compliance directives and orders. Failure to sub- 
mit complete and accurate reports by the date 
specified in an order or permit is a violation of 
this Article. 

(b) Dischargers holding Class I permits shall 
submit periodic reports of compliance on a quar- 
terly basis ("Quarterly Reports"), as specified in 
the permit. These reports shall include a descrip- 
tion of any violations of this Article, remedial 
measures undertaken by the discharger, process 
changes, treatment system alterations, and any 
other information required by the permit. Class I 
permittees subject to Categorical Pretreatment 
Standards shall include the information re- 
quired by 40 CFR 403.12(e) (1990) in each Quar- 
terly Report. 

(c) Any new source discharger that must 
comply with Categorical Pretreatment Stan- 
dards shall submit a Baseline Monitoring Report 
at least 90 days prior to commencement of any 
discharge. Any discharger that becomes subject 
to Categorical Pretreatment Standards due to 
promulgation of a new Standard, or pursuant to 
a certification under 40 CFR 403.6(a)(4) (1990), 
shall submit a Baseline Monitoring Report within 
180 days of the effective compliance date. Every 
discharger subject to a Class I permit shall 
submit an amended Baseline Monitoring Report 
whenever the volume or characteristics of its 
discharge significantly changes, or when re- 
quired by the General Manager. 

(d) Dischargers subject to Class I permits 
shall submit a 90-day compliance report within 
90 days of the compliance date of an applicable 
Categorical Pretreatment Standard, or, for new 
sources, within 90 days following commence- 
ment of the discharge. 

(e) Dischargers subject to a compliance sched- 
ule for the construction or operation of pretreat- 
ment systems or devices required to meet Cat- 
egorical Pretreatment Standards shall submit 
compliance schedule progress reports not later 
than 14 days after each major event date and the 
final compliance date. All other dischargers sub- 
ject to compliance schedules shall submit com- 
pliance schedule reports as ordered by the Gen- 



eral Manager. Each progress report shall state 
whether or not the discharger has complied with 
the increment of progress to be met on such date 
and, if not, the date on which it expects to comply 
with this increment of progress, the reason for 
delay, and any steps being taken to return to the 
established compliance schedule. The General 
Manager may require such additional informa- 
tion as necessary in any comphance schedule 
progress report, and may extend the date for 
submittal, provided that no more than nine 
months may elapse between any two progress 
reports. 

(f) Every person signing any report re- 
quired by Paragraphs (a), (b), (c), (d), (e), or (i) of 
this Section shall make the following certifica- 
tion: 

I certify under penalty of law that this docu- 
ment and all attachments were prepared under 
my direction or supervision in accordance with a 
system designed to assure that qualified person- 
nel properly gather and evaluate the information 
submitted. Based on my inquiry of the person or 
persons who manage the system', or those per- 
sons directly responsible for gathering the infor- 
mation, the information submitted is, to the best 
of my knowledge and belief, true, accurate, and 
complete. I am aware that there are significant 
penalties for submitting false information, in- 
cluding the possibility of fine and imprisonment 
for knowing violations. 

(g) All reports must be signed by an autho- 
rized representative of the discharger. An autho- 
rized representative may be: 

(1) A principal executive officer or official, if 
the discharger submitting the reports required 
by this Section is a corporation or public agency; 

(2) A general partner or proprietor if the 
discharger submitting the report required by 
this Section is a partnership or sole proprietor- 
ship respectively; 

(3) A duly authorized representative of the 
individual designated in Subparagraph (1) and 
(2) of this paragraph if such representative is 
responsible for the overall operation of the facil- 
ity from which the discharge originates. 



135 



Industrial Waste 



Sec. 129. 



(h) Dischargers shall notify the General Man- 
ager prior to any substantial change in the 
volume or character of pollutants in any waste- 
water discharge and shall apply for and obtain 
an amended permit prior to commencement of 
such altered discharge. 

(i) Dischargers shall immediately notify the 
General Manager of any discharge or threatened 
discharge of pollutants, including but not limited 
to oxygen-demanding pollutants, wastes or haz- 
ardous wastes as defined in Title 22 of the 
California Code of Regulations, or any other 
substances on the discharger's premises that: (i) 
could cause danger to the public; (ii) may cause 
interference in the sewerage system; or (iii) con- 
stitutes a violation of the requirements of this 
Article or a permit or order issued by the General 
Manager. A written report to the General Man- 
ager shall be submitted within five working days 
after the discharge commenced explaining the 
nature, volume and duration of the noncompli- 
ance or release and all remedial and preventive 
measures taken by the discharger. Such notifica- 
tion and report shall not relieve any discharger 
of liability for any expenses, including but not 
limited to, costs for countermeasures, loss or 
damage to the sewerage system, liability for 
fines imposed upon the City because of such 
occurrences, liability for any fines or damages 
because of such occurrences, or for any damages 
incurred by a third party. 

(j) All dischargers that are required to moni- 
tor their discharges shall sample in accordance 
with the sampling planning, methodology and 
equipment, and the sample processing, documen- 
tation and custody procedures specified in Test 
Methods for Evaluating Solid Waste, Physical/ 
Chemical Methods, SW-846, 3rd edition, U.S. 
Environmental Protection Agency, November, 
1986, and any amendments thereto. The analy- 
sis of samples shall be performed in accordance 
with the techniques prescribed in federal regu- 
lations at 40 CFR Part 136 (1990), and amend- 
ments thereto, which are incorporated by refer- 
ence in this Article. 

(k) Each municipality, sanitation district or 
local governmental entity located outside the 
boundaries of the City and County of San Fran- 



cisco that, pursuant to contract or law, delivers 
wastewater to the City's sewerage system for 
treatment and disposal shall immediately notify 
the General Manager of its approval or the 
creation of a new source located within its juris- 
diction. Each such governmental entity also shall 
notify each new source that its proposed dis- 
charge must comply with the provisions of this 
Article and other applicable laws. (Added by 
Ord. 19-92, App. 1/23/92; amended by Ord. 116- 
97, App. 3/28/97) 

SEC. 128. VARIANCES. 

The General Manager shall hear and make 
determinations regarding applications submit- 
ted by dischargers for variances from the strict 
application of the requirements of this Article. 
Variance determinations shall be issued as speci- 
fied in Section 129. The General Manager may 
grant variances only when such action is consis- 
tent with this Article's general purpose and in- 
tent and the general and specific rules contained 
in this Article. A variance shall not be granted 
unless the General Manager finds that the ap- 
plicant is or will be in violation of this Article, 
and that due to circumstances beyond the rea- 
sonable control of the applicant, requiring com- 
pliance would result in unavoidable and exces- 
sive hardship. Practical difficulties associated 
with treatment systems or the expense of appro- 
priate treatment shall not, standing alone, con- 
stitute circumstances beyond the reasonable con- 
trol of the applicant. The General Manager shall 
not grant variances from applicable federal or 
State discharge standards. This subsection shall 
in no way limit the powers and authority of the 
General Manager pursuant to this Article. A 
pending variance application shall not be a de- 
fense to any enforcement action of the General 
Manager, or to any civil or criminal action under 
this Article. (Added by Ord. 19-92, App. 1/23/92; 
amended by Ord. 116-97, App. 3/28/97) 

SEC. 129. GENERAL MANAGER'S 
HEARINGS. 

(a) The General Manager shall hold a pub- 
lic hearing for the following purposes: 

(1) To grant or deny a variance application 
submitted pursuant to Section 128; 



Sec. 129. 



San Francisco - Public Works Code 



136 



(2) To issue an order that imposes an ad- 
ministrative civil penalty pursuant to Sections 
132(c) and 133(c) of this Article; 

(3) To issue and order pursuant to Section 
132 of this Article that revokes or suspends a 
permit; 

(4) To take public comment on a permit 
application under Section 125, upon timely and 
proper request by a person authorized pursuant 
to Section 125(e). 

(b) Notices of public hearings pursuant to 
this Section shallbe given by publication in a 
newspaper of general circulation in the City for 
at least two days and not less than 10 days prior 
to the date of such hearing. Written notice set- 
ting forth the date of a public hearing shall be 
sent to interested persons by certified mail at 
least 10 days in advance of such hearing. The 
notice shall state the nature and purpose of the 
public hearing. 

(c) At the conclusion of a public hearing, the 
General Manager may take any action consis- 
tent with this Article and other applicable law. 
The General Manager's decision shall be in writ- 
ing, and shall contain a statement of reasons in 
support of the decision. Following a public hear- 
ing, the decision of the General Manager shall be 
sent by certified mail to the discharger and any 
other interested person. The General Manager's 
action shall be final unless an appeal, if provided 
by this Article, is filed in accordance with Section 
131. 

(d) Within 30 days after service of a copy of 
a final order issued after a public hearing re- 
quired by Subsection (a) of this Section, any 
person so served may file with the Superior 
Court a petition for writ of mandate for review of 
the order. Any person who fails to file the petition 
within this 30-day period may not challenge the 
reasonableness or validity of an order of the 
General Manager in any judicial proceedings 
brought to enforce the order or for other rem- 
edies. Except as otherwise provided in this Sec- 
tion, Section 1094.5 of the California Code of 
Civil Procedure shall govern any proceedings 
conducted pursuant to this subsection. In all 
proceedings pursuant to this Section, the court 



shall uphold the order of the General Manager if 
the order is based upon substantial evidence in 
the whole record. The filing of a petition for writ 
of mandate shall not stay any accrual of any 
penalties assessed pursuant to this Article. (Added 
by Ord. 19-92, App. 1/23/92; amended by Ord. 
116-97, App. 3/28/97) 

SEC. 130. GENERAL MANAGER'S 
HEARINGS FOR RULES AND 
REGULATIONS. 

(a) Before the General Manager approves 
the issuance or amendment of any rule or regu- 
lation, the General Manager shall provide a 
30-day public comment period by providing pub- 
lished notice in an official newspaper of general 
circulation in the City and County of San Fran- 
cisco of the intent to issue or amend the rule or 
regulation. The notice shall state the date, time 
and place of a public hearing at which the 
General Manager will take public comment on 
the proposed rule or regulation. 

(b) At the conclusion of the public hearing, 
the General Manager may take any action con- 
sistent with this Article and other applicable law. 

(c) Subject to the requirements of this Sec- 
tion, the General Manager is authorized to: 

(1) Adopt or amend concentrations of waste- 
water constituents for the purpose of assessing 
sewer service charges for any discharger not 
required to sample and analyze its wastewater. 

(2) Adopt or amend any local discharge limi- 
tations, rules or regulations required by law or 
deemed necessary by the General Manager to 
achieve the purposes of this Article. (Added by 
Ord. 19-92, App. 1/23/92; amended by Ord. 116- 
97, App. 3/28/97) 

SEC. 131. INDUSTRIAL WASTE REVIEW 
BOARD. 

(a) Membership. There is hereby contin- 
ued an Industrial Waste Review Board which 
shall consist of five members who have had not 
less than five years of professional experience 
related to water pollution abatement. Members 
of the Board will serve on call on a per diem 
basis. The General Manager shall make succeed- 



137 



Industrial Waste 



Sec. 131. 



ing four-year appointments at the expiration of 
the existing appointments. The members so cho- 
sen will be the voting members of the Board. The 
Manager of the Bureau of Water Pollution Con- 
trol, or a designated representative, shall be an 
ex officio member of the Board, participating in 
the deliberations of the Board without vote or 
compensation. The General Manager shall ap- 
point a member of his or her staff to act as 
Secretary of the Board. 

(b) Compensation. The voting members of 
the Board shall receive compensation of $30 per 
hour during the time that the Board is convened. 

(c) Quorum. Three voting members of the 
Board shall constitute a quorum. Any decision of 
the Board shall require three concurring votes. 

(d) Powers of the Board. The Board shall 
hear and decide appeals from the General 
Manager's denial, issuance, renewal or modifica- 
tion of a permit pursuant to Section 125, and 
from the General Manager's decision on a vari- 
ance pursuant to Section 128. The Board shall 
not have jurisdiction to hear appeals of orders 
issued pursuant to Sections 121 or 132. Upon 
hearing an appeal taken pursuant to this Sec- 
tion, the Board may, subject to the same limita- 
tions that are placed upon the General Manager 
by this Article, approve, disapprove or modify the 
decision appealed from, in conformity with the 
following requirements: 

(1) In the case of a variance application, the 
Board shall specify in its findings, as part of a 
written decision, facts sufficient to establish why 
the application meets or does not meet, as the 
case may be, the requirements set forth in Sec- 
tion 128, and if the requirements are deemed to 
be met, the Board shall prescribe the details and 
conditions of the variance. 

(2) In the case of any permit denial, issu- 
ance, modification or renewal, if the determina- 
tion of the Board differs from that of the General 
Manager, it shall state in writing any specific 
error or errors in interpretation of the provisions 
of this Article, abuse of discretion on the part of 
the General Manager, or any other basis for 



revision. The Board shall specify in its written 
findings the facts relied upon in arriving at its 
determination. 

(e) Appeal. 

(1) Filing an Appeal. Appeals shall be 
filed with the Secretary of the Board within 15 
days after receipt of the decision of the General 
Manager under Section 129. The Board shall not 
have jurisdiction to hear an appeal filed after the 
15-day period has passed. The Board shall not 
have jurisdiction to hear an appeal of the denial, 
issuance, renewal, or modification of the permit 
if a General Manager's hearing was not re- 
quested in accordance with Section 125. A filing 
fee of $350 made payable to the General Man- 
ager shall accompany the filing of an appeal. 

(2) Standing. Any person that presented 
evidence or testimony at a General Manager's 
hearing on a variance may appeal the General 
Manager's variance decision to the Board. Ap- 
peals of the General Manager's decision on a 
permit may only be filed by persons authorized 
pursuant to Section 125(e). 

(3) Contents of Appeal. The appeal must 
specifically set forth the alleged error, abuse of 
discretion or any other basis for the appeal and 
contain relevant arguments and documentation 
in support of the appellant's claim. 

(4) Hearing. The procedure and require- 
ments for the transmittal of the record, notice of 
hearing, and the record in connection with any 
appeal under this Section shall be prescribed by 
the Board. 

(f) Hearing Procedure. Hearings by the 
Board shall be held at the call of the Secretary of 
the Board and at such times as the Board may 
determine. Hearings shall be conducted in accor- 
dance with the following procediu-e: 

(1) The date of the hearing shall not be less 
than one week nor more than four weeks after 
receipt of filing the appeal by the Secretary of the 
Board. 

(2) The General Manager will present evi- 
dence and a recommendation for resolution. The 
Board shall hear evidence from the appellant, 
but appellant may present relevant information 
not previously submitted to the General Man- 



Sec. 131. 



San Francisco - Public Works Code 



138 



ager only if its failure to present such informa- 
tion to the General Manager was caused by 
events beyond its control or the Board deter- 
mines that introduction of such information is 
essential to the fair resolution of the controversy. 

(3) The Board shall make a final decision 
within 90 days from the date of filing the appeal, 
and shall communicate its decision to the Gen- 
eral Manager, all appellants, and the discharger. 
No response from the Board within 90 days will 
constitute approval of the General Manager's 
final decision. 

(4) The General Manager shall designate a 
certified court reporter as official reporter of the 
Board. The reporter shall attend all hearings of 
the Board and report all testimony, the objec- 
tions made, and the ruling of the Board. The fees 
for the reporter for reporting all of the proceed- 
ings and testimony as outlined above shall be a 
legal charge against the City. The fees for tran- 
scripts of the proceedings shall be at the expense 
of the party requesting the transcript as pre- 
scribed by Government Code Section 69950, and 
the original transcript shall be filed with the 
Secretary at the expense of the party ordering 
the transcript. (Added by Ord. 19-92, App. 1/23/ 
92; amended by Ord. 116-97, App. 3/28/97) 

SEC. 132. ENFORCEMENT AND COST 
REIMBURSEMENT. 

(a) Cease and Desist Orders. Whenever 
the General Manager finds that a discharge of 
wastewater is taking place or threatening to 
take place in violation of any requirement im- 
posed pursuant to this Article, or pursuant to 
any order, regulation, or permit issued by the 
General Manager, the General Manager may 
issue an order directing the discharger to cease 
and desist such discharges and directing the 
discharger to achieve compliance in accordance 
with a detailed schedule of specific actions the 
discharger must take in order to correct or pre- 
vent violations of this Article. The General Man- 
ager may order the revocation or suspension of 
any permit or variance. Any order issued by the 
General Manager under this Section may re- 
quire the discharger to provide such information 
as the General Manager deems necessary to 



explain the nature of the discharge. The General 
Manager may require in any cease and desist 
order that the discharger pay to the City the 
costs of any extraordinary inspection or monitor- 
ing deemed necessary by the General Manager 
because of the violation. 

(b) Cleanup and Abatement Orders. 

(1) Any person who has discharged or dis- 
charges pollutants or wastewater in violation of 
this Article or any order, regulation, or prohibi- 
tion issued by the General Manager, shall upon 
order of the General Manager and at the 
discharger's expense clean up such wastewater 
and abate the effects of the unlawful discharge. 

(2) The General Manager may perform any 
cleanup, abatement or remedial work required 
under Subdivision (1) when required by the 
magnitude of the violation or when necessary to 
prevent pollution, nuisance or injury to the en- 
vironment. Such action may be taken in default 
of, or in addition to, remedial work by the dis- 
charger or other persons, regardless of whether 
injunctive relief is being sought. 

(3) Any discharger who has violated or is in 
violation of the requirements of this Article shall 
be liable to the City for costs incurred in abating 
the effects thereof, or taking other remedial 
action, including but not limited to administra- 
tive costs, inspection costs, attorneys fees, and 
penalties or other liability imposed upon the City 
by other agencies. 

(c) Administrative Civil Penalty Or- 
ders. 

(1) The General Manager may issue a com- 
plaint to any discharger on whom an adminis- 
trative civil penalty may be imposed pursuant to 
Section 133(c). The complaint shall allege the 
acts or failure to act that constitute a basis for 
liability and the amount of the proposed admin- 
istrative civil penalty. The General Manager 
shall serve the complaint by personal service or 
certified mail and shall inform the discharger so 
served that a hearing shall be conducted in 
accordance with Section 129 of this Article, un- 
less the discharger waives the right to a hearing. 
If the discharger waives the right to a hearing, 
the General Manager shall issue an order setting 



139 



Industrial Waste 



Sec. 132. 



liability in the amount proposed in the complaint 
unless the General Manager and the discharger 
have entered into a settlement agreement, in 
which case the General Manager shall issue an 
order setting liability on the amount specified in 
the settlement agreement. The settlement agree- 
ment shall be approved by the City Attorney as 
to form. Where the discharger has waived the 
right to a hearing or where the General Manager 
and the discharger have entered into a settle- 
ment agreement, the order shall not be subject to 
review by any court or governmental agency. 

(2) Any hearing required by Subsection (1) 
shall be conducted in accordance with Section 
129. 

(3) Orders imposing civil liability issued 
under this Section shall become effective and 
final upon issuance. Payment of civil penalties to 
the General Manager shall be made within 30 
days of issuance of the order. Copies of such 
orders shall be served by personal service or by 
certified mail upon the discharger served with 
the complaint and upon other persons who ap- 
peared and participated at the hearing and re- 
quested a copy. 

(d) Injunctive Relief. 

(1) Upon the failure of any discharger or 
dischargers to comply with any requirement of 
this Article, a permit, or any regulation, prohibi- 
tion, cease and desist order, cleanup and abate- 
ment order, or any other order issued by the 
General Manager, the City Attorney, upon re- 
quest of the General Manager, may petition the 
proper court for injunctive relief, pajmaent of civil 
penalties, and any other appropriate remedy, 
including restraining such discharger or discharg- 
ers from continuing any prohibited activity and 
compelling compliance with lawful require- 
ments. 

(2) In any civil action brought pursuant to 
this Article in which a temporary restraining 
order, preliminary injunction, or permanent in- 
junction is sought, it is not necessary to allege or 
prove at any stage of the proceeding that irrepa- 
rable damage will occiu* should the temporary 
restraining order, preliminary injunction, or per- 
manent injunction not be issued, or that the 



remedy at law is inadequate. The court shall 
issue a temporary restraining order, preliminary 
injunction, or permanent injunction in a civil 
action brought pursuant to this Article without 
the allegations and without the proof specified 
above. 

(e) Termination of Discharge. In addi- 
tion to other remedies, when in the judgment of 
the General Manager the discharger has not or 
cannot demonstrate satisfactory progress toward 
compliance with the requirements of this Article, 
the General Manager, after providing written 
notice to the discharger by certified mail 30 days 
in advance of such action, may sever or plug the 
connection from the discharger's side sewer to 
the sewerage system or otherwise prevent the 
discharge of wastewater from the discharger's 
facilities to the sewerage system. 

(f) Orders issued under this Section shall 
become final upon receipt by the discharger or as 
specified by the General Manager. Orders may 
be issued by certified mail, or, except for orders 
under Paragraph (e), by personal service. 

(g) The discharger may request a public 
hearing within 15 days of the final date of an 
order issued under Subsections (a), (b) or (e) of 
this Section. The effective date of such an order 
shall not be postponed solely because of the filing 
of a request for a hearing. Notice of a public 
hearing and of the final decision of the General 
Manager shall be given as provided in Section 
129. 

(h) Cost Reimbursement by Citizens. 

(1) In any instance where the General Man- 
ager issues an order to a discharger under this 
Section for a violation of this Article, and the 
General Manager determines that information 
provided by a citizen contributed to the identifi- 
cation of the violation and issuance of the order, 
the discharger shall, in addition to any other fees 
or costs authorized under this Section, pay the 
reasonable costs directly incurred by the citizen 
in obtaining the information in accordance with 
the requirements set forth in this subsection. For 
purposes of this subsection, "citizen" shall have 
the meaning defined in Section 139(a) of this 
Article. 



Sec. 132. 



San Francisco - Public Works Code 



140 



(2) Any citizen seeking the recovery of costs 
pursuant to this subsection shall have the bur- 
den of documenting the costs and proving that 
the costs sought to be recovered are reasonable 
and accurate. Except as set forth in subpara- 
graph (3), reimbursable costs shall be limited to 
documented costs directly incurred by the citizen 
plus an additional five percent of the total amount 
authorized for recovery of overhead expenses. 

(3) In the alternative, where a citizen is 
either unable, or chooses not to document reim- 
bursable costs otherwise recoverable under this 
subsection, the discharger shall, in addition to 
any other fees or costs authorized under this 
Section, pay $50 to the citizen for cost reimburse- 
ment. (Added by Ord. 19-92, App. 1/23/92; 
amended by Ord. 114-97, App. 3/28/97; Ord. 
116-97, App. 3/28/97) 

SEC. 133. PENALTIES. 
(a) Criminal Penalties. 

(1) Except as provided in Subsection (a)(2) 
of this Section, any person who violates any 
provision of this Article is guilty of a misde- 
meanor and upon conviction shall be fined in an 
amount not exceeding $1,000 or be imprisoned in 
County Jail for not more than six months, or 
both. Each day each violation is committed or 
permitted to continue shall constitute a separate 
offense. 

(2) Any person who violates Section 123(e), 
Section 123(f), or Section 123(h) of this Article 
shall be guilty of: 

(A) A misdemeanor in accordance with Sub- 
section (a)(1) of this Section; or 

(B) An infraction punishable by a fine in an 
amount not in excess of $500. Each day each 
violation is committed or permitted to continue 
shall constitute a separate offense. 

(3) Falsifying of Information. Any per- 
son who knowingly makes any false statement or 
misrepresentation in any record, report plan, or 
other document filed with the General Manager, 
or tampers with or knowingly renders inaccurate 
any monitoring device or sampling and analysis 
method required under this Article, shall be 



punished by a fine of not more than $25,000 or by 
imprisonment in County Jail for not more than 
six months, or both. 

(b) Civil Penalties. 

(1) Any person who, without regard to in- 
tent or negligence, causes or permits any dis- 
charge of wastewater or hazardous waste, as 
defined in Title 22, California Code of Regula- 
tions and its amendments, into the City's sewer- 
age system, except in accordance with all permit 
requirements and other provisions of this Ar- 
ticle; violates any provision of a cease and desist 
order or cleanup and abatement order issued by 
the General Manager; or violates any require- 
ment or prohibition of this Article, shall be liable 
civilly to the City in an amount not to exceed 
$10,000 per day for each violation that occurs. 

(2) Any person who intentionally or negli- 
gently causes or permits any discharge of waste- 
water or hazardous waste, as defined in Title 22, 
California Code of Regulations, into the City's 
sewerage system, except in accordance with all 
permit requirements and other provisions of this 
Article; violates any provision of a cease and 
desist order or cleanup and abatement order 
issued by the General Manager; or violates any 
requirement or prohibition of this Article, shall 
be liable civilly to the City in an amount not to 
exceed $25,000 per day for each violation that 
occurs. 

(c) Administrative Civil Penalties. 

(1) Notwithstanding Subsection (b), any per- 
son who, without regard to intent or negligence, 
causes or permits any discharge of wastewater 
or hazardous waste, as defined in Title 22, Cali- 
fornia Code of Regulations and its amendments, 
into the City's sewerage system, except in accor- 
dance with all permit requirements and other 
provisions of this Article; violates any provision 
of a cease and desist order or cleanup and 
abatement order issued by the General Man- 
ager; or violates any requirement or prohibition 
of this Article, shall be liable civilly to the City in 
an amount not to exceed $1,000 per day for each 
violation that occurs. 




141 



Industrial Waste 



Sec. 136. 



(2) Notwithstanding Subsection (b), any per- 
son who intentionally or negligently causes or 
permits any discharge of wastewater or hazard- 
ous waste, as defined in Title 22, California Code 
of Regulations, into the City's sewerage system, 
except in accordance with all permit require- 
ments and other provisions of this Article; vio- 
lates any provision of a cease and desist order or 
cleanup and abatement order issued by the Gen- 
eral Manager; or violates any requirement or 
prohibition of this Article, shall be liable civilly 
to the City in an amount not to exceed $2,000 per 
day for each violation that occurs. 

(3) A civil penalty may not be imposed pur- 
suant to this subsection and Subsection (b) for 
the same violation. 

(d) Remedies under this Section are in ad- 
dition to, and do not supersede or limit, any and 
all other civil or criminal remedies available to 
the City under local. State and federal law. 
(Added by Ord. 19-92, App. 1/23/92; amended by 
Ord. 116-97, App. 3/28/97) 

SEC. 134. LIENS. 

(a) Costs and charges incurred by the City 
by reason of the abatement of any violation of 
this Article, including but not limited to monitor- 
ing and inspection costs; a delinquency in the 
payment of a bill for any industrial waste charge 
in excess of 30 days; and any civil penalties 
assessed against a discharger for violations of 
this Article or against the City for violations 
caused by a discharger shall be an obligation 
owed by the owner of the property where the 
discharge originated in the City. The City shall 
mail to the owner of the property where the 
discharge occurred a notice of the amounts due 
and a warning that lien proceedings will be 
initiated against the property if the amounts due 
are not paid within 30 days after mailing of the 
notice. 

(b) Liens shall be created and assessed in 
accordance with the requirements of Article XX 
of Chapter 10 of the San Francisco Administra- 
tive Code, commencing with Section 10.230. 
(Added by Ord. 19-92, App. 1/23/92; amended by 
Ord. 116-97, App. 3/28/97; Ord. 322-00, File No. 
001917, App. 12/28/2000) 



SEC. 135. NEWSPAPER NOTIFICATION 
OF VIOLATIONS. 

The General Manager shall provide for an- 
nual notice in the City's largest circulated news- 
paper of dischargers that were in significant 
noncompliance during the preceding 12 months. 
(Added by Ord. 19-92, App. 1/23/92; amended by 
Ord. 116-97, App. 3/28/97) 

SEC. 136. DISCLOSURE OF 
INFORMATION. 

(a) Any records, reports, or information sub- 
mitted by a discharger to the General Manager, 
whether made in writing or by communication 
incorporated in Department reports, shall be 
available to the public, except upon a showing 
made by a discharger satisfactory to the General 
Manager that public disclosure of records, re- 
ports, or information which the General Man- 
ager or other authorized personnel has received 
would divulge methods or processes entitled to 
protection as confidential trade secrets. All such 
records, reports, or information at any time may 
be disclosed to other authorized City personnel 
or any local. State or federal agency. 

(b) Whenever the General Manager makes 
a written request or orders that a discharger 
furnish information, the request or order shall 
include a notice that: 

(1) States that the discharger may assert a 
business confidentiality claim covering specified 
information; and 

(2) States that if no such claim accompanies 
the information when it is received by the Gen- 
eral Manager, it may be made available to the 
public without further notice to the discharger. 

(c) In assessing the validity of a business 
confidentiality claim, the General Manager shall 
determine whether the information is entitled by 
statute or judicial order to confidential treat- 
ment. In the absence of such a finding, the 
General Manager shall make the information 
available for public disclosure. 

(d) Notwithstanding any other provision of 
this Section, discharger wastewater data is not 
confidential and shall be made available to the 
public without restriction. (Added by Ord. 19-92, 
App. 1/23/92; amended by Ord. 116-97, App. 
3/28/97) 



Sec. 137. 



San Francisco - Public Works Code 



142 



SEC. 137. RETENTION OF 
DISCHARGER INFORMATION. 

Any reports that must be submitted pursu- 
ant to Section 127 to the General Manager by a 
discharger shall be retained for a minimum of 
five years and shall be made available for inspec- 
tion and copying by the General Manager or any 
State or federal agency. This period of retention 
shall be extended during the course of any unre- 
solved litigation regarding the discharge of pol- 
lutants by the discharger or the operation of the 
City's pretreatment program or when requested 
by any State or federal agency. (Added by Ord. 
19-92, App. 1/23/92; amended by Ord. 116-97, 
App. 3/28/97) 

SEC. 138. SEVERABILITY. 

If any section, subsection, subdivision, para- 
graph, sentence, clause, or phrase of this Article, 
is for any reason held to be unconstitutional, 
invalid or ineffective by any court of competent 
jurisdiction, such decision shall not affect the 
validity or effectiveness of the remaining por- 
tions of this Article. The Board of Supervisors 
declares that it would have passed each section, 
subsection, subdivision, paragraph, sentence, 
clause, or phrase of this Article irrespective of 
the fact that any one or more sections, subsec- 
tions, subdivisions, paragraphs, sentences, clauses, 
or phrases could be declared unconstitutional, 
invalid or ineffective. (Added by Ord. 19-92, App. 
1/23/92; amended by Ord. 116-97, App. 3/28/97) 

SEC. 139. CITIZEN ENFORCEMENT 
ACTIONS. 

(a) Authorization. Any citizen may com- 
mence a civil action on his or her own behalf 
against any person who is alleged to have vio- 
lated, or to be in violation of: (i) any requirement 
imposed pursuant to this Article; or (ii) any 
order, regulation, variance or permit issued by 
the General Manager pursuant to this Article. 
For purposes of this Section and Subsection (h) of 
Section 132, "citizen" shall mean either of the 
following: 

(1) An individual who resides in the City; or 



(2) A corporation, partnership or associa- 
tion that maintains its principal office in the 
City, and which has an interest which is, or may 
be, adversely affected. 

(b) Notice. No action may be commenced 
under Subsection (a) of this Section: 

(1) Prior to 60 days after the citizen has 
given notice of the alleged violation to (A) the 
General Manager, (B) the City Attorney, (C) the 
District Attorney, and (D) the alleged violator or 
violators of the requirement, order, regulation, 
variance or permit; or 

(2) If the City has commenced and is dili- 
gently prosecuting a civil, criminal, or adminis- 
trative penalty action pursuant to this Article 
and the City's enforcement response plan to 
require compliance with the requirement, order, 
regulation, variance or permit, provided that in 
any such action brought in State court, any 
citizen may intervene as a matter of right. 

(c) Intervention: Protection of City In- 
terests. 

(1) In any action brought under this Section 
where the City is not a party, the City may 
intervene as a matter of right. 

(2) Whenever an action is brought under 
this Section, the plaintiff shall serve a copy of the 
complaint on the City Attorney and General 
Manager. No consent judgment or settlement 
shall be entered in an action in which the City is 
not a party prior to 30 days following receipt of 
the proposed consent judgment or settlement by 
the City Attorney and General Manager. 

(d) Litigation Costs. The court in issuing 
any final order brought pursuant to this Section 
shall award costs of litigation (including reason- 
able attorney and expert witness fees) to any 
prevailing or substantially prevailing party who 
brought the underlying action, when the court 
determines such an award is appropriate. The 
court may, if a temporary restraining order or 
preliminary injunction is sought by the citizen, 
require a filing of a bond or undertaking in 
accordance with State law and local court rules. 



143 Industrial Waste Sec. 139. 



(e) Other relief not restricted. 

(1) Nothing in this Section shall restrict 
any right which any person may have under any 
statute, ordinance, or common law to seek en- 
forcement of any requirement prescribed by or 
under this Article, or to seek any other relief. 

(2) Nothing in this Section shall be con- 
strued to prohibit or restrict the City from bring- 
ing any administrative, civil or criminal action or 
obtaining any remedy or sanction against any 
person to enforce any requirement set forth in 
this Article. Nothing in this Section shall be 
construed to authorize judicial review by a citi- 
zen of any permit, role, variance or regulation 
issued pursuant to this Article. (Added by Ord. 
115-97, App. 3/28/97) 



San Francisco - Public Works Code 144 



[The next page is 177] 



ARTICLE 4.2: SEWER SERVICE CHARGE 



Sec. 


140. 


Definitions. 


Sec. 


141. 


Adoption of Charges. 


Sec. 


142. 


Sewer Service Charges. 


Sec. 


142.1. 


Provision for Lifehne Rates. 


Sec. 


143. 


Industrial Cost Recovery 
Charge. 


Sec. 


144. 


Estimated Volume of Sewage. 


Sec. 


145. 


Exemptions. 


Sec. 


146. 


Billing and Collection. 


Sec. 


147. 


Sewerage Service Revenue 
Funds; Establishment; 
Purposes; Appropriations 
Therefi-om. 


Sec. 


148. 


Industrial Cost Recovery 
Revenue Fund; Establishment; 
Purpose; Appropriations 
Therefrom. 


Sec. 


149. 


Surpluses. 


Sec. 


149.1. 


Residential Users Appeals 
Board. 


Sec. 


149.2. 


Residential Users Appeal 
Procedure. 


Sec. 


149.3. 


Hearing. 


Sec. 


149.4. 


Effective Date of Appeal. 



SEC. 140. DEFINITIONS. 

For the purpose of this Article, the following 
definitions shall apply: 

(a) City. The City and County of San Fran- 
cisco. 

(b) Director. The Director of the Depart- 
ment of Public Works of City or a designated 
representative of the Director. 

(c) Exemption. A determination that the 
service is used entirely for specific purposes 
enumerated in this Article and accordingly ex- 
empt from the charges imposed by the provisions 
of this Article. 

(d) Sewage. The spent water of the commu- 
nity received by the sewerage system. From the 
standpoint of source, it may be fi'om storm water, 



well water, bay or ocean water, the liquid and 
water-carried wastes from residences, commer- 
cial buildings, industrial plants and governmen- 
tal and nongovernmental institutions. 

(e) Sewerage System. All City-owned fa- 
cilities for collecting, pumping, treating, trans- 
porting and disposing of sewage. 

(f) Industrial User. A user who is the owner 
of record, the lessee, sublessee, licensee, permit- 
tee or other person in possession of real property, 
used for manufacturing or processing establish- 
ment or a commercial or industrial operation 
which contributes sewage to the sewerage sys- 
tem. 

(g) Service. A Water Department standard 
service or combination service which is a pipe 
coniiection fi'om the water distribution main to 
the consumer premises whereby a measured 
amount of water is delivered through either a 
single meter or a battery of meters either of 
which is classed as a single-sized service. 

(h) Fire Service. A service provided solely 
for fire protection. 

(i) User. An owner or occupant, whether 
private, governmental or otherwise, of a unit, 
building, premises or lot in the City who is 
responsible for pajnnent of Water Department 
metered charges or who contributes to the sew- 
erage system fi:om sources other than those of 
the Water Department. 

(j) Water Department. The San Francisco 
Water Department. 

(k) Manager. The General Manager of the 
Water Department or a designated representa- 
tive of the General Manager. 

(1) Meter. A device furnished by the Water 
Department for the purpose of determining the 
volume of water delivered to user. 

(m) Total Sewerage Revenue Require- 
ments. The total revenue requirements of the 
sewerage system, excluding Industrial Cost Re- 
covery Revenue Requirements, but including bond 



177 



Sec. 140. 



San Francisco - Public Works Code 



178 



interest, redemption, sinking fund, reserve fund 
and all other debt service charges for bonds 
issued for sewerage purposes, including general 
obligation bonds of the City and County of San 
Francisco heretofore or hereafter issued, re- 
newal and replacement, operation and mainte- 
nance, and administrative management and staff- 
ing of the Department of Public Works, 
Engineering and other City Depgutments or Agen- 
cies necessary to construct, operate and main- 
tain the Systems. 

(n) Industrial Cost Recovery Revenue 
Requirements. The revenues that must be re- 
covered from industrial users according to the 
requirements of the Federal Guidelines for Cost 
Recovery Systems then in effect, pursuant to 
Section 204(b)(1)(B) of the Federal Water Pollu- 
tion Control Act Amendments of 1972 PL 92-500; 
or any other act or regulation of the federal 
government in effect at the time such definition 
is applicable, providing requirements for the 
recovery of revenue from industrial users. 

(o) Controller. The Controller of the City. 

(p) Board. The Board of Supervisors of the 
City 

(q) Chief Administrative Officer. The 

Chief Administrative Officer of the City. 

(r) Parameter. A component or property of 
sewage which places an identifiable demand on 
the sewage system. (Added by Ord. 198-77, App. 
6/8/77) 

SEC. 141. ADOPTION OF CHARGES. 

At least once annually the Chief Administra- 
tive Officer, with the concurrence of the Control- 
ler, shall transmit to the Board of Supervisors 
recommended schedules of Sewer Service Charges 
and Industrial Cost Recovery Charges. When 
such recommendations are transmitted, the Board 
shall adopt and impose by resolution schedules 
of charges to be paid by users. The rates in the 
schedules must be set in accordance with appli- 
cable Federal and State regulation and the pro- 
ceeds from such charges must be sufficient to 
meet the City's annual Total Sewerage Revenue 
Requirements and annual Industrial Cost Recov- 
ery Revenue Requirements. 



If the Board fails to adopt schedules of charges 
within 90 calendar days after recommended sched- 
ules are submitted to the Board by the Chief 
Administrative Officer, the recommended sched- 
ules will be deemed adopted and shall become 
effective as if adopted and imposed by Resolution 
of the Board. (Amended by Ord. 198-77, App. 
6/8/77) 

SEC. 142. SEWER SERVICE CHARGES. 

Sewer Service Charges will be based on the 
cost of collecting, pumping, transporting, treat- 
ing and disposing of each unit of parameter 
discharged into the sewerage system by users. 
The Chief Administrative Officer, with the rec- 
ommendation of the Director, shall adopt param- 
eters for which charges will be made. The param- 
eters shall include flow and may include suspended 
solids, grease, chemical oxygen demand or such 
other parameters deemed applicable. The Direc- 
tor shall determine the estimated total annual 
quantity of each parameter collected, pumped, 
transported, treated and disposed of by the sew- 
erage system. The Director may establish param- 
eter loading standards to be applied to various 
categories of users based on uniformity of such 
parameter among members of each category. The 
Chief Administrative Officer shall estimate the 
annual Total Sewerage Revenue Requirements 
and distribute the estimated requirements to the 
pEu-ameters. The unit cost per parameter is then 
determined by dividing the parameter annual 
revenue allocation by the estimated annual quan- 
tity of that parameter. The unit costs shall be 
used to develop schedules of Sewer Service 
Charges to be paid by users. 

The procedures used in establishing sched- 
ules of Sewer Service Charges in accordance 
with this Section shall be consistent with the 
State of California Revenue Program Guidelines 
adopted by the California State Water Resources 
Control Board in accordance with Section 2150 of 
the Clean Water Grant Program Regulations 
and Title 23, Chapter 3, Subchapter 7 of the 
California Administrative Code, or any other 
applicable laws, rules or regulations of the State 




179 



Sewer Service Charge 



Sec. 145. 



of California in effect and applicable to the 
sewerage system. (Amended by Ord. 198-77, 
App. 6/8/77) 

SEC. 142.1. PROVISION FOR LIFELINE 
RATES. 

Notwithstanding any provision of this Article 
to the contrary, the Director shall be empowered 
to recommend schedules of Sewer Service Charges 
which include a provision for lifeline rates for 
designated classes of customers or levels of us- 
age. 

Any recommended lifeline provision shall be 
in accordance with applicable Federal and State 
regulations. (Added by Ord. 176-78, App. 4/5/78) 

SEC. 143. INDUSTRLVL COST 
RECOVERY CHARGE. 

At least once annually the Chief Administra- 
tive Officer shall determine the amount required 
to fund the annual Industrial Cost Recovery 
Requirement mandated by PL 92-500, Section 
201(b)(1). The amount required will be allocated 
to industrial dischargers and schedules will be 
established for charges to be paid by each user. 
These charges will be in addition to Sewer Ser- 
vice Charges. (Amended by Ord. 198-77, App. 
6/8/77) 

SEC. 144. ESTIMATED VOLUME OF 
SEWAGE. 

Users and industrial dischargers who ac- 
quire water from sources other than metered 
department sources shall supply to the Director 
at their own expense information and data re- 
quested by the Director to enable the Director to 
estimate the volume of sewage discharged by the 
user or industrial discharger. (Amended by Ord. 
198-77, App. 6/8/77) 

SEC. 145. EXEMPTIONS. 

Exemptions or adjustments, as set forth here- 
inbelow, may be granted upon application in 
writing to the Chief, Bureau of Sanitary Engi- 
neering, and upon determination of said Chief 
that the applicant meets any of the following 
exemptions: 

(1) A service used solely for fire service or 
hydrant meter service as defined by the Water 
Department; 



(2) A service or meter used solely for irriga- 
tion purposes; 

(3) A service or well where no water enters 
the sewerage system either through a private or 
public sewer, lateral, gutter, catchbasin or storm 
water inlet. 

The Director shall establish rules and regu- 
lations for the filing, review and determination 
of exemptions or adjustments and insofar as 
consistent with the provisions of this Section for 
any appeals to said Director from determina- 
tions thereon. 

Any user who so qualifies as provided in this 
Section may apply in writing for an exemption or 
adjustment to the Chief, Bureau of Sanitary 
Engineering, within 30 days from the date the 
bill is mailed or delivered with respect to the 
period for which the user seeks such exemption 
or adjustment; provided however, that no exemp- 
tion or adjustment shall be allowed for any 
period prior to the period covered by said bill, 
except as otherwise provided for herein. 

The Chief, Bureau of Sanitary Engineering, 
shall act upon each application upon receipt and 
shall make a determination thereon within 30 
days from the date said application is filed when- 
ever reasonably possible, and shall immediately 
notify the applicant in writing of this determina- 
tion on the application for exemption or adjust- 
ment. Request for additional information may be 
made to the applicant, and if the applicant fails 
to produce the requested information or fails to 
request an extension of time in writing within 30 
days from the date of mailing the request there- 
for, the proceeding may be terminated. 

Any person who filed an application for an 
exemption or adjustment and received a deter- 
mination thereon, and who has otherwise com- 
plied with the procedures of this Section, may 
appeal such determination to the Director pur- 
suant to procedures, rules and regulations adopted 
by the Director for such purposes. An appeal to 
the Director shall set forth specifically wherein a 
determination fails to conform to the require- 
ments of this Article or wherein a determination 
is improper or unreasonable. Such appeal must 
be filed within 10 days following the date of 



Sec. 145. 



San Francisco - Public Works Code 



180 



mailing notice of the determination on the re- 
quest for exemption for adjustment. The Director 
shall set a time for hearing the matter, and shall 
mail written notice thereof not less than 10 days 
prior to the date of such hearing to the person 
who has so filed. 

A hearing upon an appeal shall be set when- 
ever reasonably possible not later than 30 days 
after the date of filing the appeal. The Director 
may continue the hearing from time to time at 
his discretion, and shall make a written deter- 
mination upon the appeal within 15 days from 
the conclusion of the hearing and provide a copy 
thereof to the person who filed said appeal. 

Where no appeal has been filed, an exemp- 
tion or adjustment determination shall become 
final upon the termination of time for filing an 
appeal to the Director as provided for in this 
Section. In the event an appeal has been timely 
filed, the determination by the Director upon 
such appeal shall be final. 

The filing of an application for an exemption 
or adjustment of an appeal to the Director from a 
determination thereon shall not stay the contin- 
ued and further billing during the course of time 
consumed in said proceedings, but any continued 
and further billing will be adjusted, if appropri- 
ate, at the termination of the proceedings pursu- 
ant to and in conformance with the determina- 
tion therein; provided, however, that acceptance 
of any payment by City, subsequent to the appli- 
cation for said exemption or adjustment, shall 
not preclude billing and collection from or in 
excess of such payments and in conformance 
with said final determination. (Amended by Ord. 
198-77, App. 6/8/77) 

SEC. 146. BILLING AND COLLECTION. 

The Sewer Service Charge and Industrial 
Cost Recovery Charge imposed by this Article 
shall be collected fi'om the user by the Water 
Department as provided by Sections 150.1 through 
150.13 inclusive of this Article. Adopted sched- 
ules of charges shall be transmitted to the Water 
Department and billing and collection in accor- 
dance with the schedules shall commence on the 
next practicable billing cycle of the Water De- 



partment. The amounts collected shall be trans- 
mitted as soon as practical to the Treasurer for 
deposit to the credit of the funds established 
herein. (Amended by Ord. 198-77, App. 6/8/77) 

SEC. 147. SEWERAGE SERVICE 
REVENUE FUNDS; ESTABLISHMENT; 
PURPOSES; APPROPRIATIONS 
THEREFROM. 

The Water Department shall transmit all 
Sewer Service Charges collected pursuant to this 
Article to the Treasurer of the City and County 
for deposit to the credit of a special fund which is 
hereby created and which shall be known as the 
"Sewerage Service Revenue Fund." All monies in 
the Sewerage Service Revenue Fund, including 
earnings thereon, shall be appropriated, trans- 
ferred, expended and used in the manner, for the 
purposes and in the priorities provided in the 
resolution or resolutions hereafter adopted by 
the Board providing for the issuance of revenue 
bonds by the City for the acquisition, construc- 
tion, improvement and finance of the sewerage 
system and shall also be used for operation and 
maintenance, replacement, equipment and re- 
lated administration including but not limited to 
operations of the Residential Appeals Board cre- 
ated by Section 149.1 of this Article in accor- 
dance with the budget and fiscal provisions of 
the Charter. (Amended by Ord. 191-78, App. 
4/13/78) 

SEC. 148. INDUSTRIAL COST 
RECOVERY REVENUE FUND; 
ESTABLISHMENT; PURPOSE; 
APPROPRIATIONS THEREFROM. 

The Water Department shall transmit all 
industrial cost recovery charges, collected pursu- 
ant to this Article, to the Treasurer of the City 
and County for deposit to the credit of a special 
fund which is hereby created and which shall be 
known as the "Industrial Cost Recovery Revenue 
Fund." All monies in the Industrial Cost Recov- 
ery Revenue Fund, including earnings thereon, 
shall be appropriated, transferred, expended and 
used solely as provided by Federal or State 
guidelines for Industrial Recovery Systems, pro- 
mulgated pursuant to Section 204(b)(1)(B) of the 



181 



Sewer Service Charge 



Sec. 149.3. 



Federal Water Pollution Control Act Amendment 
of 1972 (PL 92-500) or any other act or regulation 
of the Federal Government providing specified 
requirements for the Sewerage Revenue Require- 
ments which must be recovered from industrial 
users in effect at the time such revenues are 
appropriated, transferred, or expended. (Amended 
by Ord. 198-77, App. 6/8/77) 

SEC. 149. SURPLUSES. 

Any unexpended, unencumbered or other- 
wise uncommitted funds remaining in the Sew- 
erage Service Revenue Fund or the Industrial 
Cost Recovery Revenue Fund at the end of any 
fiscal year, shall be retained in said funds and 
applied to the Total Sewerage Revenue Require- 
ments or the Industrial Cost Recovery Revenue 
Requirements, respectively, for the next succeed- 
ing fiscal year to reduce those requirements. 
(Amended by Ord. 198-77, App. 6/8/77) 

SEC. 149.1. RESIDENTIAL USERS 
APPEALS BOARD. 

There is hereby established a Board to be 
known as the Residential Users Appeals Board 
(hereinafter referred to as the "Board") consist- 
ing of three members to be appointed by the 
Chief Administrative Officer. Each member shall 
be a resident of the City and County at the time 
of appointment and shall continue such resi- 
dence during his or her term of office. Two of said 
members shall have an understanding of horti- 
culture, hydraulics, engineering or related sub- 
jects. Said members shall serve at the pleasure 
of the Chief Administrative Officer and shall be 
paid at a rate of $50 per meeting. 

The Board shall elect a chairman from among 
its members. The term of office as chairman 
shall be for the calendar year or for that portion 
thereof remaining after each such chairman is 
elected. 

The Director of Public Works (hereinafter 
referred to as "Director") shall appoint a member 
of his staff to act as secretary of the Board. 
(Amended by Ord. 191-78, App. 4/13/78; Ord. 
377-92, App. 12/23/92) 



SEC. 149.2. RESIDENTIAL USERS 
APPEAL PROCEDURE. 

Residential users may appeal the correctness 
of the determination of the volume of wastewater 
discharged to the City's sewerage system for the 
purpose of assessing such user's Sewer Service 
Charges. Such appeals shall be processed in the 
following manner: 

(a) An appeal by a residential user shall be 
initially submitted in writing to the Director or 
his designated representative. Each such appeal 
shall contain the name and address of the appel- 
lant and a statement that substantiates the 
percentage of incoming water discharged to the 
sewer and shall be filed with the Director within 
60 days of receipt of such Sewer Service Charge. 
The Director or his designated representative 
shall have the power and duty to decide on such 
appeals from residential users that involve the 
percentage of incoming water discharged to the 
sewer; all at no cost to the appellant. The deci- 
sion by the Director or his designated represen- 
tative shall be transmitted to the appellant within 
90 days of receipt of appeal unless the appellant 
agrees to an extension of time beyond the 90 
days. 

(b) Should the appellant be dissatisfied with 
the decision of such appeal by the Director, then 
said appellant may have his appeal referred to 
the Board by submitting a written request there- 
for to the Director of Public Works within 30 
days of receipt of aforementioned decision. The 
Board shall have the power and duty to hear and 
decide only those appeals from appellants who 
have made prior appeals to the Director. The 
decision of the Board shall be transmitted to the 
appellant within 45 days of receipt of said appeal 
by the Board unless the appellant agrees to an 
extension of time beyond the 45 days. (Amended 
by Ord. 191-78, App. 4/13/78) 

SEC. 149.3. HEARING. 

Upon receipt of notice of appeal, the Secre- 
tary shall set a time and place for hearing such 
appeal by the Board. Notice of the time and place 
of such hearing shall be given by mail to the 
appellant. At the hearing, the appellant may 



Sec. 149.3. San Francisco - Public Works Code 182 

appear in person or by agent or by attorney. 
Appeals shall be considered by the Board at the 
earliest opportunity. (Amended by Ord. 191-78, 
App. 4/13/78) 

SEC. 149.4. EFFECTIVE DATE OF 
APPEAL. 

For the purpose of this Article, the date upon 
which the Director receives an appeal that the 
Director considers to be a valid appeal, or that 
the Board considers to be a valid appeal, shall be 
the effective date of appeal. Adjustments to the 
Sewer Service Charges as a result of an appeal 
may apply retroactively only to the last billing 
prior to the effective date of appeal. (Amended by 
Ord. 191-78, App. 4/13/78) 



[The next page is 199] 



ARTICLE 4.3: SEWERS 



Sec. 150.1. Definitions. 

Sec. 150.2. Owner Responsibility for Water 

Service Charges and Industrial 

Cost Recovery Surcharges. 
Sec. 150.3. Department Entitled to 

Payment. 
Sec. 150.4. Collection of Delinquent Service 

Charges through Recordation of 

a Lien. 
Sec. 150.5. Lien Proceedings; Additional 

Request for Payment; Warning 

Notice. 
Sec. 150.6. Lien Proceedings; Report and 

Notice. 
Sec. 150.7. Hearing. 
Sec. 150.8. Creation of Lien. 
Sec. 150.9. Recordation; Administrative 

Fees and Interest. 
Sec. 150.10. Filing of Lien With Controller 

and Tax Collector; Collection of 

Delinquent Accounts by the 

Bureau of Delinquent Revenue. 
Sec. 150.11. Payment of Amount Owed; 

Release of Lien; Distribution of 

Proceeds. 

Sec. 150. 12. Write-ofe of Uncollectible 
Accounts; Compromise or 
Abandonment of Claims. 

Sec. 150.13. Severability 

SEC. 150.1. DEFINITIONS. 

Unless the context otherwise specifies or re- 
quires, the terms defined in this Section shall, 
for all purposes of this article, have the mean- 
ings herein specified, the following definitions to 
be equally applicable to both the singular and 
plural forms of any of the terms herein defined: 

(a) The term "City" means the City and 
County of San Francisco; 

(b) The term "Department" means the Pub- 
lic Utilities Department of the City and County 
of San Francisco; 



(c) The term "Manager" means the Man- 
ager of the Customer Service Bureau of the 
Public Utilities Department, or his authorized 
agents; 

(d) The term "real property" means a lot or 
building thereon or other facility whether pri- 
vate, governmental or otherwise in the City and 
County of San Francisco; 

(e) The term "Commission" means the Pub- 
lic Utilities Commission of the City and County 
of San Francisco, or its designated agent; 

(f) The term "owner" when used with refer- 
ence to real property shall mean, and shall 
conclusively be deemed to be, the legal owner of 
the real property, except, when the legal owner of 
said real property is such due to the holding of a 
mortgage, note or other such security, in which 
case the "owner" shall be deemed to be the 
beneficial owner of said real property. 

(g) The term "Committee" means the Lien 
Hearing Committee comprised of three members 
as designated by the General Manager of Utili- 
ties or his designee. 

(h) The term "customer" means the person 
subscribing for water and sewer service from the 
Public Utilities Department, whether or not such 
person is the owner of the property to which such 
service is rendered. 

(i) The phrase "Bureau of Delinquent Rev- 
enue" means the Bureau of Delinquent Revenue 
Collection with the Tax Collector's Office, as set 
forth in San Francisco Administrative Code Sec- 
tion 10.37. (Amended by Ord. 223-81, App. 5/4/ 
81; Ord. 243-99, File No. 991266, App. 9/22/99) 

SEC. 150.2. OWNER RESPONSIBILITY 
FOR WATER SERVICE CHARGES AND 
INDUSTRIAL COST RECOVERY 
SURCHARGES. 

Except for tenant occupied individually me- 
tered residential dwellings, the owner of any real 
property shall be responsible for subscribing to 



199 



Sec. 150.2. 



San Francisco - Public Works Code 



200 



and paying for water service to such real prop- 
erty by Department in accordance with rate 
schedules, rules and regulations established from 
time to time by Commission. Except for tenant 
occupied individually metered residential dwell- 
ings, the owner of any real property shall be 
responsible for paying the Sewer Service Charges 
and Industrial Waste Recovery Charges result- 
ing from the use of occupancy of said property, in 
accordance with the rate schedules, rules and 
regulations established from time to time by 
Commission. 

For tenant occupied individually metered resi- 
dential dwellings, unless the owner agrees to 
become responsible, the tenant shall be respon- 
sible for subscribing to and paying for water 
service to such real property by Department in 
accordance with rate schedules and rules and 
regulations established from time to time by 
Commission. Said tenants further shall be re- 
sponsible for paying the Sewer Service Charges 
and Industrial Waste Recovery Charges result- 
ing from the use of occupancy of said property, in 
accordance with rate schedules, rules and regu- 
lations established from time to time by Commis- 
sion. Said tenants shall be required to post a 
security deposit prior to establishing an account 
for water and sewer service in accordance with 
the rate schedules, rules and regulations estab- 
lished from time to time by Commission. 

Nothing in this Section is intended to or shall 
prevent an arrangement, pursuant to rules and 
regulations established by Commission under 
which the subscription and/or payment for water 
service or Sewer Service Charge, or Industrial 
Cost Recovery Charges are made by customer, a 
tenant or tenants, or any owner, or agent on 
behalf of the owner; provided however, that any 
such arrangement shall not relieve owner of the 
obligation to Department, where water or Sewer 
Service Charges or Industrial Cost Recovery 
Charges are unpaid. Nothing in this Article is 
intended to impair the validity of any liens for 
delinquent water charges. Sewer Service Charges 
and Industrial Waste Recovery Charges which 
were recorded against tenant occupied individu- 
ally metered residential dwellings prior to April 
8, 1996. (Amended by Ord. 223-81, App. 5/4/81; 
Ord. 243-99, File No. 991266, App. 9/22/99) 



SEC. 150.3. DEPARTMENT ENTITLED 
TO PAYMENT. 

The Department shall be entitled to payment 
for water service and sewer service within 15 
days after the bill is mailed. Partial pa3nnents 
are to be deposited in each fund in proportion to 
the dollar amount of billing attributable to each 
fund. Should there be failure to make pajnnent 
for water or sewer service rendered to any real 
property, water service to any such real property 
may be terminated in accordance with rules and 
regulations established from time to time by 
Commission until such service charges are paid. 
(Amended by Ord. 200-77, App. 6/8/77; Ord. 
243-99, File No. 991266, App. 9/22/99) 

SEC. 150.4. COLLECTION OF 
DELINQUENT SERVICE CHARGES 
THROUGH RECORDATION OF A LIEN. 

Whether or not water service is shut off for 
nonpayment of service charges. Manager shall 
initiate proceedings to make delinquent water 
and Sewer Service Charges and Industrial Cost 
Recovery Charges a lien against parcels of prop- 
erty to which said service was rendered pursu- 
ant to Sections 150.5 to 150.11 inclusive, of this 
Article. This section shall not apply to tenant 
occupied individually metered residential dwell- 
ings unless the owner of the property is the 
customer of record or consents to the imposition 
of a lien by the Department. (Amended by Ord. 
200-77, App. 6/8/77; Ord. 243-99, File No. 991266, 
App. 9/22/99) 

SEC. 150.5. LIEN PROCEEDINGS; 
ADDITIONAL REQUEST FOR PAYMENT^ 
WARNING NOTICE. 

When water and sewer service has been 
rendered on a continuing account, and a bill has 
been presented to the customer and such bill 
remains unpaid until the succeeding billing cycle, 
Department shall mail a written request for 
payment to the customer, and to the owner when 
the customer is not the owner. In the case of 
accounts that have been closed without payment 
in full, the Department shall mail to the cus- 
tomer, and to the owner when the customer is 
not the owner, a written request for payment. 



201 



Sewers 



Sec. 150.9. 



The notice provisions of this section do not apply 
to the owners of tenant occupied individually 
metered residential properties unless the prop- 
erty owner is the customer of record. 

The written request for payment shall in- 
clude information as to the amount due and a 
warning notice that if the amount due is not paid 
within 15 days, water service on an open account 
may be terminated and proceedings to establish 
a lien against the real property to which the 
service was furnished will be instituted. The 
notice will further provide that if the account 
remains unpaid, administrative fees and inter- 
est, pursuant to this Article, will accrue. The 
form and content of said notice shall be approved 
by the Committee. (Amended by Ord. 200-77, 
App. 6/8/77; Ord. 243-99, File No. 991266, App. 
9/22/99) 

SEC. 150.6. LIEN PROCEEDINGS; 
REPORT AND NOTICE. 

If payment is not received within 15 days 
following mailing of the request, the account 
shall be deemed to be delinquent. Delinquent 
accounts which are to be subjected to the lien 
procedure shall be reported to Committee by 
Manager at least once each month. The Commit- 
tee shall conduct a hearing pursuant to rules and 
regulations consistent with this Article and ap- 
proved by the Commission. The report for each 
such delinquent account shall contain the owner's 
name, the amount due, and a description of each 
parcel to be subjected to the lien procedure. The 
descriptions of the parcels shall be those used for 
the same parcels on the assessor's map books for 
the current year. Upon receipt of such report, 
Committee shall fix a time, date and place for 
hearing the report and any protests or objections 
thereto, and shall cause notice of the hearing to 
be mailed to each owner of the parcels of real 
property described in the report not less than 10 
days prior to the date of hearing. (Amended by 
Ord. 200-77, App. 6/8/77; Ord. 243-99, File No. 
991266, App. 9/22/99) 

SEC. 150.7. HEARING. 

At the time fixed for consideration of the 
report, the Committee shall hear it, along with 



any objections or evidence offered on behalf of 
the owners or their legal counsel regarding the 
real property liable to be assessed for delinquent 
accounts. The Committee may make such revi- 
sions, corrections or modifications to the report 
as it may deem necessary. In the event that the 
Committee is satisfied with the correctness of 
the report (as submitted or as revised, corrected 
or modified), it shall be confirmed. The decision 
of Committee on the report and on all protests or 
objections thereto shall be final and conclusive; 
provided, however, any delinquent account may 
be removed from the report by pajnnent in full at 
any time prior to confirmation of the report. The 
Committee shall cause the confirmed report to 
be verified in a form sufficient to meet recording 
requirements. (Added by Ord. 62-75, App. 2/26/ 
75; Ord. 243-99, File No. 991266, App. 9/22/99) 

SEC. 150.8. CREATION OF LIEN. 

Upon confirmation of the report by the Com- 
mittee, the delinquent charges contained therein 
shall constitute a lien against the property to 
which the services were rendered. 

The lien shall continue until the lien value 
and all interest, fees and administrative costs 
due and payable thereon are paid. (Added by 
Ord. 62-75, App. 2/26/75; Ord. 243-99, File No. 
991266, App. 9/22/99) 

SEC. 150.9. RECORDATION; 
ADMINISTRATIVE FEES AND INTEREST. 

The Committee shall cause the confirmed 
and verified report to be recorded in the County 
Recorder's office as soon as practicable. The lien 
on each parcel of property described in said 
report shall carry additional charges for admin- 
istrative expenses of $50 or 10 percent of the 
amount owed, whichever is higher, together with 
interest at a rate of one percent per full month 
compounded monthly from the date of recorda- 
tion of the lien on all charges due. Closed ac- 
counts for water and sewer service which are left 
unpaid shall be charged a late pajnnent penalty 
fee in accordance with rate schedules, rules and 
regulations established from time to time by 
Commission. (Amended by Ord. 200-77, App. 
6/8/77; Ord. 243-99, File No. 991266, App. 9/22/ 
99) 



Sec. 150.10. 



San Francisco - Public Works Code 



202 



SEC. 150.10. FILING OF LIEN WITH 
CONTROLLER AND TAX COLLECTOR; 
COLLECTION OF DELINQUENT 
ACCOUNTS BY THE BUREAU OF 
DELINQUENT REVENUE. 

If liens filed by Department are not paid 
during the fiscal year in which they were re- 
corded, the Department shall annually transfer 
such liens to the Tax Collector, who shall add the 
amount of said liens to the current property tax 
bill for collection in the same manner as ordinary 
taxes of the City and County of San Francisco. 
Delinquent utility service liens recorded pursu- 
ant to this chapter shall have the force, effect 
and priority of a judgment lien. Nothing in this 
section shall be construed to affect the priority 
status of water and sewer service liens recorded 
on properties prior to January 1, 1996. 

If the Tax Collector so agrees, Manager may 
also file any other claims for overdue water and 
sewer service charges with the Tax Collector, 
regardless of whether such accounts have re- 
sulted in the imposition of a lien. The Bureau of 
Delinquent Revenue may take action as neces- 
sary under Administrative Code Section 10.39 to 
collect all delinquent accounts owed to Depart- 
ment that are filed with the Tax Collector. The 
Bureau of Delinquent Revenue may recover rea- 
sonable attorney's fees, collection fees, and other 
costs from debtors in prosecuting claims for 
money owed to Department. (Amended by Ord. 
223-81, App. 5/4/81; Ord. 243-99, File No. 991266, 
App. 9/22/99) 

SEC. 150.11. PAYMENT OF AMOUNT 
OWED; RELEASE OF LIEN; 
DISTRIBUTION OF PROCEEDS. 

Upon payment to Department of the lien 
amount, plus applicable administrative fees and 
interest charges. Department shall cause to be 
recorded a release of lien with the County Re- 
corder and shall pay to the Coimty Recorder the 
applicable recording fee. Upon payment to the 
Tax Collector of the lien amount, plus applicable 
administrative fees and interest charges, the 
Department shall cause to be recorded a release 



of lien with the County Recorder, and Depart- 
ment shall pay to the County Recorder the re- 
cording fee. 

Except for the release of lien recording fee 
authorized in this Section and the fees and costs 
authorized by Section 150.10, all sums collected 
on behalf of Department by the Tax Collector or 
Bureau of Delinquent Revenue shall be depos- 
ited to the credit of the Water Department Op- 
erating Account, Sewer Service Revenue Fund, 
the Industrial Cost Recovery Revenue Fund, and 
Utility Tax Fund in proportion to the cost of 
services rendered attributable to each fund. 
(Amended by Ord. 200-77, App. 6/8/77; Ord. 
243-99, File No. 991266, App. 9/22/99) 

SEC. 150.12. WRITE-OFF OF 
UNCOLLECTIBLE ACCOUNTS; 
COMPROMISE OR ABANDONMENT OF 
CLAIMS. 

The Committee shall have the authority to 
write off those delinquent accounts worth less 
than $200 and shall from time to time notify the 
Public Utilities Commission of any such action. 
The Bureau of Delinquent Revenue Collection 
may compromise or abandon claims reported to 
it by Department in accordance with Adminis- 
trative Code Section 10.40 (Amended by Ord. 
200-77, App. 6/8/77; Ord. 243-99, File No. 991266, 
App. 9/22/99) 

SEC. 150.13. SEVERABILITY. 

If any part or provision of this Article, or 
application thereof, to any person or circum- 
stance is held invalid, the remainder of this 
Article, including the application of such part or 
provision to other persons or circumstances shall 
not be affected thereby and shall continue in fiill 
force and effect. To this end the provisions of this 
Article are severable. (Amended by Ord. 62-75, 
App. 2/26/75) 



[The next page is 221] 



ARTICLE 5: STREET FLOWER MARKETS 



Sec. 


155. 


Designation of Locations — 
Proviso. 


Sec. 
Sec. 
Sec. 

Sec. 


156. 
157. 
158. 

159. 


Authority to Issue Permits. 
Application for Permit. 
Investigation and Inspection- 
Rules and Regulations. 
Permit — Permit Fee. 


Sec. 


160. 


No Other Fee or Peddler's 
License. 


Sec. 


161. 


Conditions and Restrictions. 


Sec. 


162. 


Suspension or Revocation of 
Permit. 


Sec. 


163. 


Violation a Misdemeanor. 


Sec. 


164. 


Severability. 



SEC. 155. DESIGNATION OF 
LOCATIONS— PROVISO. 

Sidewalk flower-vending stands shall be lo- 
cated within the following designated street flower 
market areas upon the sidewalks of the City and 
County of San Francisco at the curb or building 
line. 

The Grant Avenue Street Flower Market 

On the west sidewalk of Grant Avenue within 
100 feet south of the southerly line of Geary 
Street. 

The Stockton Street Flower Market 

On the west sidewalk of Stockton Street 
within 100 feet south of the southerly line of 
Geary Street. 

On the east sidewalk of Stockton Street within 
100 feet south of the southerly line of Geary 
Street. 

On the west sidewalk of Stockton Street 
within 100 feet north of the northerly line of Ellis 
Street. 

On the east sidewalk of Stockton Street within 
100 feet north of the northerly line of O'Farrell 
Street. 



On the north sidewalk of Post Street within 
50 feet west of 250 Post Street. 

The Powell Street Flower Market 

On the east sidewalk of Powell Street be- 
tween 25 feet and 100 feet south of the southerly 
line of Geary Street. 

On the west sidewalk of Powell Street within 
100 feet north of the northerly line of Eddy 
Street. 

The Emporium Street Flower Market 

On the south sidewalk of Market Street fac- 
ing the location of 835 Market Street. 

The Post Street Flower Market 

On the north side of Post Street, east of 
Powell Street within 200 feet east of the easterly 
property line of Powell Street. 

The Upper Market Street Flower Market 

On the north sidewalk of Sixteenth Street 
within 100 feet south of the southerly line of 
Market Street. 

The Market Street Flower Market 

On the south sidewalk of Market Street fac- 
ing the location of 101 Market Street. 

On the south sidewalk of Market Street fac- 
ing the location of 215 Market Street. 

On the east sidewalk of Montgomery Street, 
at Market Street, within 50 feet south of the 
north property line of Post Street. 

The Columbus Avenue and Powell Street 
Flower Market 

On the northwestern end of Marini Park on 
Columbus Avenue and Powell Street. 



221 



Supp. No. 2, October 2006 



Sec. 155. 



San Francisco - Public Works Code 



222 



The Harvey Milk Plaza Flower Market 

On the west sidewalk of Castro Street north 
of the main entrance to the Harvey Milk Plaza 
Muni Metro Station. (Amended by Ord. 17-82, 
App. 1/15/82; Ord. 356-85, App. 7/12/85; Ord. 
433-86, App. 11/7/86; Ord. 492- 88, App. 1^8/88; 
Ord. 124-98, App. 4/2/98; Ord. 78-06, File No. 
051985, App. 4/20/2006; Ord. 271-06, File No. 
061293, App. 10/31/2006) 

SEC. 156. AUTHORITY TO ISSUE 
PERMITS. 

The Director of Public Works is hereby au- 
thorized and empowered to issue permits for the 
maintenance of sidewalk flower-vending stands 
at the locations specified in Section 155 of this 
Article, subject to the proviso contained in said 
Section 155. In considering the issuance of side- 
walk flower-vending stand permits and in pre- 
scribing the location of such stands within the 
areas set forth in Section 155 of this Article, the 
Director of Public Works shall give due regard to 
the conveniences and necessities of the owners, 
occupants or tenants of offices, stores or shops in 
the vicinity. 

SEC. 157. APPLICATION FOR PERMIT. 

Each application for a sidewalk flower-vend- 
ing permit shall state the name of the applicant 
therefor as well as the names of the individuals 
to be employed by or engaged with the applicant 
in displaying or selling flowers at said flower- 
vending stand. (Amended by Ord. 461-74, App. 
10/3/74) 

SEC. 158. INVESTIGATION AND 
INSPECTION— RULES AND 
REGULATIONS. 

The Director of Public Works shall make all 
investigations and inspections necessary to the 
issuance of permits hereunder, and shall have 
the power and authority to adopt and enforce 
such rules and regulations necessary to the proper 
conduct of said flower-vending stands as shall be 
consistent with or in furtherance of the condi- 
tions and restrictions herein imposed. 



SEC. 159. PERMIT— PERMIT FEE. 

No person, firm or corporation shall operate, 
maintain or conduct any sidewalk flower-vend- 
ing stand in the City and County of San Fran- 
cisco without first obtaining a permit to so do 
and pajdng the fees for said permit in accordance 
with the provisions of this Article. The fee for any 
such permit shall be $100 per quarter year, 
commencing on the first day of July, 1981, and in 
addition to said qugirterly fee herein provided for, 
each permittee shall pay a quarterly fee of $30 
for each employee employed in and about said 
sidewalk flower-vending stands. When any ap- 
plication for a permit for a sidewalk flower- 
vending permit shall be granted by the Director 
of Public Works, the same shall be delivered to 
the permittee only upon the pa3rment of the first 
quarter's permit fee due thereon, and the pay- 
ment of the same shall be endorsed on said 
permit, and said permittee shall thereafter pay 
quarterly, in advance, the permit fees herein 
provided for, and on the failure to so do, said 
permit may be revoked by the Director of Public 
Works. (Amended by Ord. 391-81, App. 7/3/81) 

SEC. 160. NO OTHER FEE OR 
PEDDLER'S LICENSE. 

The permit fees provided for in Section 159 of 
this Article shall be the only fees charged for the 
privilege of maintaining said sidewalk flower- 
vending stands or for displaying or selling flow- 
ers thereat. No peddler's license shall be re- 
quired for such permittees or for any other 
person employed in and about the conduct of said 
sidewalk flower-vending stands. 

SEC. 161. CONDITIONS AND 
RESTRICTIONS. 

The issuance of permits and licenses and the 
maintenance of sidewalk flower-vending stands 
by the persons granted permits hereunder shall 
be subject to the following conditions and restric- 
tions: 

(a) No permanent stands of any kind shall 
be erected on the sidewalks of said locations; 



Supp. No. 2, October 2006 



222.1 Street Flower Markets Sec. 161. 



(b) The design and construction of all flower- 
vending stands placed at the locations desig- 
nated in Section 155 of this Article and the 
maintenance of said stands shall be subject to 
the approval of the Director of Public Works; 
provided, that no such flower- vending stand shall 



Supp. No. 2, October 2006 



[INTENTIONALLY LEFT BLANK] 



Supp. No. 2, October 2006 



223 



Street Flower Markets 



Sec. 161. 



exceed the following dimensions, to-wit: 10 feet 
in length and three feet in width, and any 
person, firm or corporation having a permit to 
maintain and operate a flower-vending stand as 
provided in Sections 155 to 162 of this Article 
may maintain and operate a stand not exceeding 
10 feet in length and three feet in width, pro- 
vided that no part of the flower vender's display 
or activities may take place outside of an area 
that exceeds five feet in width and 20 feet in 
length; 

(c) No more than one flower-vending stand 
shall be granted a permit to operate at any one of 
the locations designated in Section 155; 

(d) No more than two persons shall at any 
given time be engaged or employed in displaying 
or selling flowers at any stand; provided, that for 
a substantial portion of time during the hours of 
operation of any stand, one of said persons en- 
gaged in displaying or selling flowers thereat 
shall be the person to whom the permit to 
operate said stand is issued; provided, however, 
that if the permit is issued to a firm or corpora- 
tion, one of said persons engaged in displaying or 
selling flowers for a substantial portion of the 
time said stand is operated shall be an officer or 
partner of said firm or corporation; 

(e) Only cut flowers, evergreens, and cor- 
sages shall be displayed or sold at any stand, and 
no display, sale or orders for the sale or delivery 
of floral arrangements, potted plants, or shrubs 
shall be made, taken, received or solicited, at any 
stand, or by the owners or operators thereof; 

(f) No rubbish or cuttings shall be deposited 
in any public waste container; 

(g) No flower stand shall be operated be- 
tween the hours of 9:00 p.m. and 7:00 a.m., and 
the sidewalk and street surrounding each stand 
shall be kept free of rubbish, cuttings or debris 
resulting from the operation of the stand; 

(h) No permit shall be issued to any person 
unless he or she has been a resident of the City 
and County of San Francisco for a period of one 
year prior to his or her application for a permit 
hereunder; 



(i) No owner, landlord, lessee or occupant of 
any premises in the block occupied by a flower- 
vending stand as provided for herein, shall re- 
ceive rent or any remuneration directly or indi- 
rectly for the space occupied by such flower- 
vending stand or its operation; 

(j) Each person operating a flower-vending 
stand under a permit as herein provided for, 
shall at all times carry and maintain at the 
permittee's own cost and expense a policy of 
liability insurance in the minimum amount of 
$500,000 single limit applying to bodily injuries, 
personal injuries and property damage. Said 
policy shall directly protect the City and County 
of San Francisco, its officers and employees and 
agents as named insureds, and shall provide 
that the insurance will operate as primary insur- 
ance and no other insurance effected by City will 
be called on to contribute to a loss covered by 
said policy. Said policy shall provide 30 days' 
notice of cancellation or material change to the 
Director of Public Works of the City and County 
of San Francisco. Said policy shall be approved 
in writing by the Director of Public Works and 
the City Attorney of the City and County of San 
Francisco. A copy of policy and certificate shall be 
filed with the Director of Public Works. 

In addition, the permittee shall agree to hold 
harmless and indemnify the City and County of 
San Francisco, its officers, agents and employees 
from any damage or injury caused by reason of 
the placement or maintenance of the flower- 
vending stand on the sidewalk, and the permit- 
tee shall be solely liable for any damage or loss, 
claims, injury and liability of every kind, nature 
and description directly or indirectly arising from 
said activity. Approval of insurance shall in no 
way relieve operator from liability under this 
hold-harmless clause. 

(k) There shall be no liability on the City or 
upon any of its officers, agents or employees for 
any damage sustained by the owner or operator 
of any flower-vending stand from any cause 
whatsoever, no matter whether said damage be 
caused by an officer, agent or employee of the 
City or by any other person; 



Sec. 161. 



San Francisco - Public Works Code 



224 



(1) An assignment or sale of a flower stand 
permit, without the approval of the Board of 
Supervisors, is prohibited; provided, however, 
that in the event of the death of a permittee, his 
or her permit shall be considered to be assigned 
to a living member of the deceased permittee's 
immediate family. Provided further, however, 
that such living member of a deceased permittee's 
immediate family must thereafter personally op- 
erate the flower- vending stand within six months 
from the date of the distribution of the proceeds 
of the deceased permittee's estate or, with the 
approval of the Board of Supervisors, sell the 
permit within said six-month period. 

For the purposes of this Subparagraph (1), 
the term "immediate family" shall be limited to 
the children, grandchildren, spouse, co-habitant, 
parent, brother, sister, or child of a deceased 
brother or sister of a deceased permittee. 

An individual shall be considered a "co- 
habitant" if he or she resided with the permittee, 
shared the common necessaries of life with the 
permittee, was not married to or related by 
marriage to the permittee, was the permittee's 
sole co-habitant, and is over 18 years of age. 

An individual claiming a right to a permit as 
co-habitant under this Subparagraph (1) shall 
have resided with the permittee, and been a 
resident of the City and County of San Francisco, 
for a period of one year prior to the assignment or 
sale of said permit. (Amended by Ord. 448-76, 
App. 11/12/76; Ord. 226-87, App. 6/19/87) 

SEC. 162. SUSPENSION OR 
REVOCATION OF PERMIT. 

The operator of any flower-vending stand, 
licensed hereunder, who shall violate any of the 
restrictions and conditions set forth in Section 
161 of this Article, or any rule or regulation of 
the Director of the Department of Public Works 
adopted in pursuance of the provisions of Section 
158 of this Article, shall be subject to the suspen- 
sion or revocation of his permit by said Director. 

SEC. 163. VIOLATION A 
MISDEMEANOR. 

Any person, firm or corporation violating any 
of the provisions of this Article or any lawful rule 
or regulation adopted pursuant thereto shall be 
guilty of a misdemeanor. 



SEC. 164. SEVERABILITY. 

If any section, subsection, subdivision, para- 
graph, sentence, clause or phrase of this Article 
or any part thereof, is for any reason held to be 
unconstitutional or invalid or ineffective by any 
court of competent jurisdiction, such decision 
shall not affect the validity or effectiveness of the 
remaining portions of this Article or any portion 
thereof. The Board of Supervisors hereby de- 
clares that it would have passed each section, 
subsection, subdivision, paragraph, sentence, 
clause, or phrase hereof, irrespective of the fact 
that any one or more sections, subsections, sub- 
divisions, paragraphs, sentences, clauses or 
phrases, be declared unconstitutional, invalid, or 
ineffective. (Added by Ord. 448-76, App. 11/12/ 
76) 



[The next page is 243] 



ARTICLE 5.1: ANTI-LITTER RECEPTACLES 



Sec. 170. Garbage Receptacles. 

Sec. 170.1. Anti-Litter Receptacles Permits. 

Sec. 171. Decals on Receptacles. 

Sec. 172. Form of Application. 

Sec. 173. Placement and Maintenance of 

Litter Receptacles. 

Sec. 174. Nuisance. 

Sec. 174.1. Abatement. 

Sec. 174.2. Penalties for Violation. 

Sec. 174.3. Lien on Property and 

Restrictions on Issuance and 
Renewal of Registration 
Certificates. 

Sec. 174.4. Notice of Cost and Claim of 
Lien or Obligation. 

Sec. 174.5. Recording of Lien and 

Restrictions on Registration 

Certificate Issuance and 

Renewal. 
Sec. 174.6. Collection by Bureau of 

Delinquent Revenue. 
Sec. 174.7. Release of Lien. 
Sec. 174.8. Collection of Costs as a Special 

Assessment. 
Sec. 174.9. Report of Delinquencies 

Transmitted to Board of 

Supervisors. 
Sec. 174.10. Notice of Hearing. 
Sec. 174.11. Hearing. 
Sec. 174.12. Collection of Assessment. 
Sec. 174.13. Severability 

SEC. 170. GARBAGE RECEPTACLES. 

(a) Garbage Receptacles Prohibited on 
Sidewalk, Street, or Any Public Right-of- 
Way. Except as otherwise provided in Sections 
170.1 and 173, Chapter X, Part II, San Francisco 
Municipal Code (Public Works Code), no person, 
firm or corporation occupying or having charge 
or control of any premises shall place or cause to 



be placed, or suffer to remain, upon the sidewalk, 
street or any other dedicated public right-of-way, 
any can, container or receptacle used for the 
collection of garbage, refuse, ashes, cinder, sludge, 
offal, broken glass, crockery, tins, boxes, animal 
or vegetable matter, rubbish or other like matter, 
recycling, or green waste, except on the day the 
contents of said receptacle are to be collected by 
the licensed collector thereof or after the hour of 
6:00 p.m. of the day immediately prior to the day 
of said collection. 

(1) Any person, firm, or corporation occupy- 
ing or having charge of any commercial premises 
shall remove any such receptacle from the side- 
walk, street, or other dedicated public right-of- 
way immediately after the contents of said re- 
ceptacle have been collected or immediately upon 
opening said premises for business on the day of 
said collection. 

(2) Any person, firm, or corporation occupy- 
ing or having charge of any residential premises 
shall remove any such receptacles from the side- 
walk, street, or other dedicated public right-of- 
way within twenty-four (24) hours after placing 
said receptacles out for collection and after the 
contents of the said receptacle have been col- 
lected. 

(3) Said receptacles shall be returned to an 
enclosed area or other area that blocks views of 
the receptacles from the public right-of-way. Un- 
der no circumstances are said receptacles to be 
stored in plain sight of the public when viewed 
from any public right-of-way imless said recep- 
tacles have been placed out for collection. 

(4) In addition to the requirements set forth 
in this Section, the Director, after a public hear- 
ing, may adopt such orders, policies, regulations, 
rules, or stsindard plans and specifications as he 
or she deems necessary in order to preserve and 
maintain the public health, safety, welfare, and 
convenience. 



243 



Supp. No. 6, March 2007 



Sec. 170. 



San Francisco - Public Works Code 



244 



(b) The Director of Public Works, in issuing 
any written notice to abolish, abate and remove 
a nuisance under Section 174.1 of this Article, 
may direct any person, firm or corporation occu- 
pying or having charge of any commercial pre- 
mises, to securely lock every can, container or 
receptacle placed for collection pursuant to Sec- 
tion 170(a) on any area open to the public, to 
prevent access to the contents thereof by any 
person other than the licensed refuse collector. 
Any such written notice shall be issued as set 
forth in Section 174.1. 

(c) Each violation of Subsection (a) shall 
constitute an infraction and shall be punishable 
by a fine of not less than $80.00 nor more than 
$100.00; for a second offense by a fine not less 
than $150.00 nor more than $200.00; and for 
each additional offense by a fine not less than 
$250.00 nor more than $500.00. In the alterna- 
tive, an administrative penalty not to exceed 
$250.00 may be assessed for each violation. Such 
penalty shall be assessed, enforced and collected 
in accordance with Section 39-1 of the Police 
Code. (Added by Ord. 330-93, App. 10/11/93; 
amended by Ord. 388-94, App. 11/18/94; Ord. 
197-98, App. 6/19/98; Ord. 227-99, File No. 990822, 
App. 8/13/99; Ord. 87-03, File No. 030482, App. 
5/9/2003; Ord. 179-06, File No. 060083, App. 
7/14/2006; Ord. 47-07, File No. 070020, App. 
3/9/2007) 

SEC. 170.1. ANTI-LITTER 
RECEPTACLES PERMITS. 

The Director of Public Works is hereby au- 
thorized and empowered to issue permits for the 
placement and maintenance of anti-litter recep- 
tacles at locations in the financial and business 
districts of the City and County of San Francisco 
to be determined or approved by the Director. 
The receptacles and the placement thereof shall 
involve no cost to the City and County. 

The provisions of this Section shall not be 
applicable to receptacles required to be placed 
and maintained pursuant to the provisions of 
Section 173 of this Article. (Amended by Ord. 
32-78, App. 1/13/78; Ord. 330-93, App. 10/11/93) 



SEC. 171. DECALS ON RECEPTACLES. 

(a) Sponsors of the placement of the recep- 
tacles shall be allowed to place decals on the 
receptacles bearing their names, providing that 
the decal shall be no larger than four inches by 
six inches overall and the size and design of the 
decal shall be subject to the approval of the 
Director of Public Works. 

(b) Pursuant to Section 170(a), owners of 
garbage receptacles shall be allowed to promi- 
nently place decals on the receptacles bearing 
the scheduled collection dates and times, provid- 
ing that the decal shall be no larger than 8V2 
inches by 11 inches overall and the size and 
design of the decal shall be subject to the ap- 
proval of the Director of Public Works. (Added by 
Ord. 349-69, App. 12/3/69; amended by Ord. 
330-93, App. 10/11/93) 

SEC. 172. FORM OF APPLICATION. 

The Director of Public Works shall prescribe 
the form of the application to be filed for the 
placement of the anti-litter receptacles and shall 
have the power and authority to adopt and 
enforce such rules and regulations with respect 
to the placement, maintenance and removal of 
such receptacles as are consistent with the pro- 
visions of this Article. (Added by Ord. 349-69, 
App. 12/3/69) 

SEC. 173. PLACEMENT AND 

MAINTENANCE OF LITTER 
RECEPTACLES. 

(a) It is the intent of this Section to ensure 
that public areas are kept clean and free from 
litter. 



Supp. No. 6, March 2007 



245 



Anti-Litter Receptacles 



Sec. 174.1. 



(b) Any person, firm or corporation operat- 
ing a grocery store, a liquor store or an establish- 
ment selling food or beverages for consumption 
off the premises shall place and maintain a litter 
receptacle outside of each exit from said pre- 
mises for the use of the patrons thereof during 
business hours. 

(c) Any person, firm, corporation, or prop- 
erty owner operating a place of employment 
shall provide and maintain adjacent to the place 
of emplojrment sufficient ashtrays or other recep- 
tacles for the disposal of cigarettes, cigars, and 
other similar combustible products used by em- 
ployees and patrons who smoke. The Director of 
Public Works shall authorize the placement of 
such ashtrays or other receptacles in the public 
right-of-way where necessary. 

(d) The design, capacity, location, and num- 
ber of ashtrays and receptacles shall be pre- 
scribed by the Director of Public Works. Decals 
may be placed upon said receptacles subject to 
the limitations set forth in Section 171 of this 
Article. 

(e) The receptacle shall be emptied when 
full and at the close of business each day and the 
contents thereof shall be stored or set out for 
collection in the same manner as other refuse 
generated in the operation of the business. Each 
receptacle shall be maintained in a clean and 
sanitary condition. 

(f) Violation of this Section shall constitute 
an infraction and shall be punishable by a fine of 
not less than $80 nor more than $100; for a 
second offense by a fine not less than $150 nor 
more than $200; and for each additional offense 
by a fine not less than $250 nor more than $500. 
In the alternative, an administrative penalty not 
to exceed $250 may be assessed for each viola- 
tion. Such penalty shall be assessed, enforced 
and collected in accordance with Section 39-1 of 
the Pohce Code. (Added by Ord. 32-78, App. 
1/13/78; amended by Ord. 197-98, App. 6/19/98; 
Ord. 227-99, File No. 990822, App. 8/13/99; Ord. 
87-03, File No. 030482, App. 5/9/2003) 

SEC. 174. NUISANCE. 

No person, firm or corporation, including but 
not limited to any department, board or commis- 



sion of the City and County, shall have or permit 
upon any public sidewalk, public stairway or 
other right-of-way for public pedestrian travel 
that abuts property owned or occupied such 
person, firm, or corporation, any nuisance detri- 
mental to health or any accumulation of filth, 
garbage, decaying animal or vegetable matter, 
waste paper, hay, grass, straw, weeds, vegetation 
overgrowth, litter, trash, cigarette or cigar butts, 
unsanitary debris, waste material, animal or 
human excrement, or stains, marks or grime 
caused by oil and other wastes absorbed or 
compressed into the surface, or any other matter 
that constitutes a threat to public health and 
safety. For purposes of this Section, the owner 
and/or the occupant of the premises or unit 
nearest the public sidewalk, public stairway or 
other pedestrian right-of-way shall be held liable 
for the cleanliness of said public sidewalk, public 
stairway, or other pedestrian right-of-way that 
abuts the building. (Added by Ord. 75-86, App. 
3/14/86; amended by Ord. 389-94, App. 11/18/94; 
Ord. 227-99, File No. 990822, App. 8/13/99) 

SEC. 174.1. ABATEMENT. 

(a) It shall be the duty of the Director of 
Public Works to cause any person, firm or corpo- 
ration, including but not limited to any depart- 
ment, board or commission of the City and County, 
that permits the accumulation of materials men- 
tioned in Section 174 to be notified in writing to 
abolish, abate and remove such nuisances. 

(b) Notice may be given to the owner of the 
abutting property by personal service or by mail- 
ing such notice, either by letter or postal card, to 
the owner of the abutting property as the same 
appears on the last assessment rolls of the City 
and County of San Francisco. Notice may be 
given to a business occupant of the abutting 
property by personal service or by mailing such 
notice, either by letter or postal card, to the 
business mailing address indicated on the most 
recent application for a registration certificate 
for the business operating at that address. Im- 
mediately after mailing any such notice, the 
Director of Public Works shall cause a copy of the 



Supp. No. 1, September 2006 



Sec. 174.1. 



San Francisco - Public Works Code 



246 



notice, printed on a card of not less than eight 
inches by ten inches, to be posted in a conspicu- 
ous place on said property. 

(c) The notice shall direct the owner of the 
abutting property, and/or the business occupying 
the abutting property to abolish, abate and re- 
move the nuisance within seven days of the 
mailing of the notice. It shall further advise that 
the Director of Public Works will cause the 
removal or abatement if the work is not com- 
pleted as required in the notice, and that the 
owner of the abutting property and/or the busi- 
ness occup3dng the abutting property will incur 
fines, charges and other penalties as provided in 
this Article. The notice shall state the name, 
address and telephone number of the Depart- 
ment of Public Works employee who may be 
contacted regarding the property in question. 
The owner of the abutting property and/or the 
business occupjdng the abutting property shall 
become indebted to the City and County for the 
costs and charges incurred by the City and 
County by reason of abatement and removal of 
such nuisances. 

(d) If the nuisance is not removed and abated 
within said seven days, the Director of Public 
Works shall cause its removal and abatement. 
(Added by Ord. 75-86, App. 3/14/86; amended by 
Ord. 389-94, App. 11/18/94) 

SEC. 174.2. PENALTIES FOR 
VIOLATION. 

Any owner of property or any business occu- 
pying property which abuts a public sidewalk, 
stairway or other pedestrian right-of-way for 
public pedestrian travel, or both such owner and 
business jointly and severally, who fail to comply 
with the Director of Public Works' notice to abate 
the nuisance as specified in Section 174.1 of this 
Code shall be subject to an administrative pen- 
alty of not more than $1,000, assessed, enforced 
and collected in accordance with Section 39-1 of 
the Police Code. Further, a violation of any of the 
provisions of this Article shall constitute an 
infraction. Upon conviction thereof, said owner 
of the abutting property and/or the business 
occupying the abutting property shall be pun- 
ished for the first offense by a fine of not less 



than $30 or more than $100 and for a second and 
each additional offense by a fine of not less than 
$100 or more than $500. The provisions of this 
Section shall not apply to any department, board 
or commission of the City and County. (Added by 
Ord. 75-86, App. 3/14/86; amended by Ord. 389- 
94, App. 11/18/94; Ord. 87-03, File No. 030482, 
App. 5/9/2003; Ord. 292-04, File No. 040561, 
App. 12/24/2004) 

SEC. 174.3. LIEN ON PROPERTY AND 
RESTRICTIONS ON ISSUANCE AND 
RENEWAL OF REGISTRATION 
CERTIFICATES. 

(a) The costs and charges incurred by the 
City and County of San Francisco by reason of a 
failure of the owner of the abutting property to 
abate and remove such nuisance, in addition to 
any civil penalties assessed under Section 174.2, 
shall be an obligation to the City and County 
owed by the owner of the property, and the City 
and County shall have a lien on the property in 
all aspects as though notice had been given. 

(b) The costs and charges incurred by the 
City and County of San Francisco by reason of a 
failure of the business occupjdng the abutting 
property to abate and remove such nuisance, in 
addition to any civil penalties assessed under 
Section 174.2, shall be an obligation to the City 
and County owed by a business occupying the 
abutting property and shall restrict the issuance 
and renewal of business registration certificates 
to the business as set forth in Part III of the 
Municipal Code, Section 1007. (Added by Ord. 
75-86, App. 3/14/86; amended by Ord. 389-94, 
App. 11/18/94) 

SEC. 174.4. NOTICE OF COST AND 
CLAIM OF LIEN OR OBLIGATION. 

(a) Upon completion of the abatement and 
removal of the nuisance, the Director of Public 
Works shall ascertain the cost thereof. The costs 
shall also include additional charges for admin- 
istrative expenses of $91 and a rate of one 
percent per full month compounded monthly on 
all fees and charges due from the date of recor- 
dation of the lien, or from the date a verified 
claim is transferred to the Tax Collector pursu- 



Supp. No. 1, September 2006 



247 



Anti-Litter Receptacles 



Sec. 174.6. 



ant to Section 174.5(b). In addition, the owner of 
the abutting property and/or business occupjdng 
the abutting property shall be obligated to the 
City and County for any civil penalties assessed 
under Section 174.2. 

(b) The Director of Public Works shall cause 
a notice to be mailed to the owner of abutting the 
property in the manner provided for mailing 
notice to abate, which shall demand payment to 
the Director of Public Works and shall give 
notice of claim of such lien and of the recording of 
the lien, in the event such amount is not paid as 
set forth in Section 174.5. The notice shall fur- 
ther demand that the owner take all necessary 
steps to comply with the order to prevent further 
violations of this Article. In the event that the 
owner fails to comply with the order within 30 
days of the mailing date of the notice of cost and 
claim of lien, the Director of Public Works shall 
cause the premises to be cleaned. The Director of 
Public Works shall ascertain the cost of cleaning 
the property and the owner shall thereupon be 
obligated to the City and County in the amount 
of such cost of cleaning the property; and/or 

(c) The Director of Public Works shall cause 
a notice to be mailed to the business occupying 
the abutting property, which shall give notice of 
restrictions on issuance and renewal of registra- 
tion certificates in the event such amomit is not 
paid as set forth in Section 174.5. The notice 
shall further demand that the business occupy- 
ing the abutting property take all necessary 
steps to comply with the order to prevent further 
violations of this Article. In the event that the 
business fails to comply with the order within 30 
days of the mailing date of the notice of cost and 
restrictions on issuance and renewal of registra- 
tion certificates, the Director of Public Works 
shall cause the premises to be cleaned. The 
Director of Public Works shall ascertain the cost 
of cleaning the property and the business occu- 
pying the abutting property shall thereupon be 
obligated to the City and County in the amount 
of such cost of cleaning the property. (Added by 
Ord. 75-86, App. 3/14/86; amended by Ord. 389- 
94, App. 11/18/94) 



SEC. 174.5. RECORDING OF LIEN AND 
RESTRICTIONS ON REGISTRATION 
CERTIFICATE ISSUANCE AND 
RENEWAL. 

(a) If the cost of removal and abatement is 
not paid to the Director of Public Works within 
30 days after mailing of the notice to the owner, 
the Director of Public Works shall file in the 
Office of the Recorder of the City and County a 
verified claim containing a particular description 
of the property subject to the lien, the place and 
general nature of the abatement and removal for 
which the lien is claimed, the date of posting of 
said property or delivery of notice to abate and 
remove the nuisance, the name of the owner of 
the property and the amount of the lien claimed, 
which shall include the cost of verification and 
filing; and/or 

(b) If the cost or removal and abatement is 
not paid to the Director of Public Works within 
30 days after the mailing of the notice to the 
business occupying the abutting property, the 
Director of Public Works shall transfer to the 
Office of the Tax Collector of the City and County 
a verified claim containing a particular descrip- 
tion of the property subject to the restriction, the 
place and general nature of the abatement and 
removal, the date of posting of said property or 
delivery of the notice to abate and removed the 
nuisance, the name of the business occupying 
the abutting property and the amount of the 
obligation claimed, which shall include the cost 
of verification and filing. (Added by Ord. 75-86, 
App. 3/14/86; amended by Ord. 389-94, App. 
11/18/94) 

SEC. 174.6. COLLECTION BY BUREAU 
OF DELINQUENT REVENUE. 

The Director of Public Works shall also trans- 
mit to the Bureau of Delinquent Revenue, on the 
expiration of such 30 day period, a statement of 
each such unpaid cost of removal and abatement, 
together with the cost of verification and filing of 
the claim. The Bureau shall endeavor diligently 
to collect the same on behalf of the City and 
County by foreclosure of the lien or otherwise. 
Any and all amounts paid or collected shall 
replenish the "Department of Public Works Nui- 



Supp. No. 1, September 2006 



Sec. 174.6. 



San Francisco - Public Works Code 



248 



sance Abatement and Removal Fund," as pro- 
vided in San Francisco Administrative Code Sec- 
tion 10.117-53. (Added by Ord. 75-86, App. 3/14/ 
86) 

SEC. 174.7. RELEASE OF LIEN. 

On pa3niient of any such claim of lien, the 
Director of Public Works shall provide a release. 
(Added by Ord. 75-86, App. 3/14/86) 

SEC. 174.8. COLLECTION OF COSTS AS 
A SPECIAL ASSESSMENT. 

The Director of Public Works may initiate 
proceedings to make unpaid expenses for re- 
moval and abatement of nuisances a special 
assessment against the parcels of property from 
which said nuisance was removed or abated by 
the Director of Public Works. (Added by Ord. 
75-86, App. 3/14/86) 

SEC. 174.9. REPORT OF 
DELINQUENCIES TRANSMITTED TO 
BOARD OF SUPERVISORS. 

A report of delinquent charges shall be trans- 
mitted to the Board of Supervisors by the Direc- 
tor of Public Works as necessary, but in no event 
less often than once each year, commencing with 
the first anniversary of the date of enactment of 
this ordinance. Upon receipt by the Board of 
Supervisors of the report, it shall fix a time, date 
and place for hearing the report and any protests 
or objections thereto. (Added by Ord. 75-86, App. 
3/14/86) 

SEC. 174.10. NOTICE OF HEARING. 

The Board of Supervisors shall cause notice 
of the hearing to be mailed to the owner of the 
real property to which the service was rendered 
not less than 10 days prior to the date of hearing. 
(Added by Ord. 75-86, App. 3/14/86) 

SEC. 174.11. HEARING. 

At the time fixed for consideration of the 
report, the Board of Supervisors shall hear it 
with any objections of the owners liable to be 
assessed for the cost of removal and abatement 
by the Director of Public Works. The Board of 
Supervisors may make such revisions, correc- 



tions or modifications of the report as it may 
deem just and, in the event that the Board of 
Supervisors is satisfied with the correctness of 
the report (as submitted or as revised, corrected 
or modified), it shall be confirmed or rejected by 
resolution. The decision of the Board of Supervi- 
sors on the report and on all protests or objec- 
tions thereto shall be final and conclusive. (Added 
by Ord. 75-86, App. 3/14/86) 

SEC. 174.12. COLLECTION OF 

ASSESSMENT. 

Upon confirmation of the report by the Board 
of Supervisors, the delinquent charges contained 
therein shall constitute a special assessment 
against the property to which the services were 
rendered. The assessment may be collected at 
the same time and in the same manner as 
ordinary municipal teixes are collected and shall 
be subject to the same penalties and same pro- 
cedure of sale as provided for delinquent, ordi- 
nary municipal taxes. 

The assessments shall be subordinate to all 
existing special assessment liens previously im- 
posed upon the property and paramount to all 
other liens except those for State, County and 
municipal taxes with which it shall be on parity. 
Such assessment lien shall continue until the 
assessment and all interest and penalties due 
and payable are paid. All laws applicable to the 
levy, collection and enforcement of municipal 
taxes shall be applicable to said special assess- 
ments. (Added by Ord. 75-86, App. 3/14/86) 

SEC. 174.13. SEVERABILITY. 

If any part or provision of this ordinance or 
its application to any person or circumstance is 
held invalid, the remainder of the ordinance, 
including the application of such part or provi- 
sion to other persons or circumstances, shall not 
be affected and shall continue in full force and 
effect. To this end the provisions of this ordi- 
nance are severable. (Added by Ord. 75-86, App. 
3/14/86) 



[The next page is 2691 



Supp. No. 1, September 2006 



ARTICLE 5.2: TABLES AND CHAIRS IN PUBLIC SIDEWALK OR ROADWAY AREAS 



Sec. 176. Cafe Tables and Chairs— Permit 

Required. 
Sec. 176.1. Authority to Issue Permits; 

Approved Guidehnes. 
Sec. 176.2. AppUcation for Permit. 
Sec. 176.3. Notice of Intent. 
Sec. 176.4. Issuance of Permit; AppHcation 

for Variance. 
Sec. 176.5. Conditions and Restrictions. 
Sec. 176.6. Permit Not Deed or Easement; 

Suspension or Revocation of 

Permit. 
Sec. 176. 6A. Enforcement Assistance by 

Department of PubUc Health. 
Sec. 176.7. Appeal of Protest or Denial of 

Permit. 
Sec. 176.8. Penalties; Other Remedies. 
Sec. 176.9. Removal of Tables and Chairs. 

SEC. 176. CAFE TABLES AND CHAIRS- 
PERMIT REQUIRED. 

No owner or operator of a business establish- 
ment shall occupy any portion of a public side- 
walk, court, alley or street with tables and chairs 
without first obtaining a cafe tables and chairs 
permit in accordance with the provisions of this 
Article. Any business owner or operator occupy- 
ing any portion of a public sidewalk, court, alley 
or street with cafe tables and chairs without a 
permit as required by this Article shall be subject 
to fines and penalties as provided in Sections 
176.8 and 176.9 of this Article. (Added by Ord. 
236-93, App. 7/16/93) 

SEC. 176.1. AUTHORITY TO ISSUE 
PERMITS; APPROVED GUIDELINES. 

The Director of Public Works or his or her 
designated representative is hereby authorized 
and empowered to issue cafe tables and chairs 
permits, revocable at will, to owners or operators 
of business estabUshments for the placement of 
cafe tables and chairs in the public sidewalk, 



court, alley or street adjacent to said business 
establishments, according to the procedures set 
forth in this Article. 

The Director of Public Works shall approve 
and adopt guidelines for the design and place- 
ment of permitted cafe tables and chairs. (Added 
by Ord. 263-93, App. 7/16/93) 

SEC. 176.2. APPLICATION FOR PERMIT. 

Every owner or operator of a business estab- 
lishment desiring to place cafe tables and chairs 
in a public sidewalk, court, alley or street shall 
first submit an application for a cafe tables and 
chairs permit to the Department of Public Works. 
Each such application shall state the name of the 
applicant, the name and address of the establish- 
ment, the proposed area to be occupied by the 
tables and chairs and the hours and days that 
the area is to be so occupied, and shall be 
accompanied by a fully dimensioned space-use 
plan showing the locations, number and arrange- 
ment of tables and chairs, the size of cafe tables 
and chairs to be used, the proposed size and 
locations of the pedestrian diverters planned to 
demarcate the occupied area, the location of the 
entrance to the establishment, the locations of 
fire exits or fire escapes, and the nature and 
location of any existing sidewalk obstructions. 
(Added by Ord. 236-93, App. 7/16/93) 

SEC. 176.3. NOTICE OF INTENT. 

Following the filing of the application for a 
cafe tables and chairs permit, the permit appli- 
cant shall post a Notice of Intent to Place Cafe 
Tables and Chairs on the business premises 
according to the requirements set forth in this 
Section. 

Contents to Notice. The form for Notice of 
Intent to Place Cafe Tables £uid Chairs shall be 
provided to each applicant by the Department of 
Public Works. Said notice shall include a descrip- 
tion of the proposed cafe tables and chairs and 



269 



Sec. 176.3. 



San Francisco - Public Works Code 



270 



the procedure for obtaining any additional infor- 
mation and for filing any protest or opposition to 
the proposed cafe tables and chairs. 

Posting of Notice. The Notice of Intent to 
Place Cafe Tables and Chairs shall be posted in a 
conspicuous location in a window or other readily 
visible location of the frontage of the applicant's 
business establishment for 10 calendar days. 
The notice shall be protected from the weather 
as necessary and shall be clearly visible from the 
public sidewalk, court, alley or street and not 
obstructed by awnings, landscaping or other 
impediments. (Added by Ord. 236-93, App. 7/16/ 
93) 

SEC. 176.4. ISSUANCE OF PERMIT; 
APPLICATION FOR VARIANCE. 

If after 10 calendar days following posting of 
the Notice of Intent to Place Cafe Tables and 
Chairs, the Department of Public Works has 
received no protest or opposition to the proposed 
cafe tables and chairs and the proposed design 
and location of the cafe tables and chairs, as 
described in the application, conforms to the 
guidelines set forth by the Director of Public 
Works, or if applicant receives a variance to the 
guidelines, the Director of Public Works shall 
issue a cafe tables and chairs permit to the 
applicant. 

No permit issued under the provisions of this 
Section shall become effective until the permit 
applicant has signed the permit and has deliv- 
ered to the Department of Public Works proof of 
insurance to the limits required by Section 176.5 
of this Article and has paid a street/sidewalk 
occupancy fee which shall be calculated by ap- 
plying a rate of $3 per seat per month, but which 
shall be no less than $100 annually nor shall 
said fee exceed a maximum of $360 annually. 

If the application submitted does not meet 
the guidelines established by the Director of 
Public Works for approved cafe tables and chairs, 
the applicant may apply for special review and 
approval of the proposed cafe tables and chairs 
permit. The Department of Public Works shall 
then submit the application to the Interdepart- 



mental Staff Committee on Traffic and Transpor- 
tation (ISCOTT) for special review. (Added by 
Ord. 236-93, App. 7/16/93) 

SEC. 176.5. CONDITIONS AND 
RESTRICTIONS. 

The issuance of permits by the Director of 
Public Works and the maintenance of tables and 
chairs in front of business establishments by the 
permittees shall be subject to the guidelines set 
forth by the Director of Public Works and follow- 
ing conditions and restrictions: 

(1) Neither the City or County nor any of its 
officers, agents or employees shall be liable for 
any damages, claims or liability resulting to 
persons or property arising from the permittee's 
operation of the cafe tables and chairs; 

(2) Each permittee shall, at his or her own 
expense, maintain in full force and effect an 
insurance policy or policies issued by an insur- 
ance company or companies satisfactory to the 
City's Controller and Risk Manager and written 
by an insurance company or companies having a 
pohcyholders surplus of at least $20,000,000. 
Said policy or policies shall afford liability insur- 
ance covering all operations, including but not 
limited to premises, products, personal injuries 
and automobiles and injury to property for single 
limit of not less than $1,000,000 appljdng to 
bodily injuries, personal injuries and property 
damage or a combination of such injuries. Said 
policy or policies shall include the City and 
County of San Francisco and its officers and 
employees jointly and severally as additional 
insureds and shall apply as primary insurance 
and shall stipulate that no other insurance ef- 
fected by the City and County of San Francisco 
will be called on to contribute to a loss covered 
hereunder. Said policy or policies shall provide 
30 days' notice to Controller, City and County of 
San Francisco, Room 109, City Hall, if the policy 
or policies should be canceled or materially 
changed; 

(3) An assignment or sale of a permit issued 
under this Article is prohibited. (Added by Ord. 
236-93, App. 7/16/93) ^ 



271 



Tables and Chairs in Public Sidewalk or Roadway Areas 



Sec. 176.9. 



SEC. 176.6. PERMIT NOT DEED OR 
EASEMENT; SUSPENSION OR 
REVOCATION OF PERMIT. 

Permission to encroach upon a portion of a 
public sidewalk or roadway with cafe tables and 
chairs granted under this Article shall not con- 
stitute a deed or grant of an easement by the 
City and County and shall be subject to the 
suspension or revocation by the Director of Pub- 
lic Works when the permittee violates any of the 
restrictions and conditions set forth in Section 
176.5 of this Article, or any rule or regulation of 
the Director of the Department of Public Works 
adopted in pursuance of the provisions of this 
Article. Said permission shall be automatically 
terminated upon the termination of the insur- 
ance stipulated under Section 176.5 of this Ar- 
ticle. (Added by Ord. 236-93, App. 7/16/93) 

SEC. 176.6A. ENFORCEMENT 
ASSISTANCE BY DEPARTMENT OF 
PUBLIC HEALTH. 

In addition to the Director of the Department 
of Public Works, the Director of the Department 
of Public Health may determine when a permit- 
tee violates any of the restrictions and conditions 
set forth in Section 176.5 of this Article, or any 
rule or regulation of the Director of the Depart- 
ment of Public Works adopted in pursuance of 
the provisions of this Article. When the Director 
of the Department of Public Health makes such 
a determination, he or she shall forward such 
determination to the Department of Public Works 
for appropriate action. (Added by Ord. 160-98, 
App. 5/15/98) 

SEC. 176.7. APPEAL OF PROTEST OR 
DENIAL OF PERMIT. 

Any person or persons who deem their inter- 
ests or property or that of the general public will 
be adversely affected by the occupancy of a 
public sidewalk, court, alley or street with cafe 
tables and chairs for which permission has been 
applied for under the provisions of this Article, 
may protest the issuance of said cafe tables and 
chairs permit by writing to the Director of Public 
Works within 10 calendar days from the date of 
posting of the Notice of Intent to Place Cafe 



Tables and Chairs as required under Section 
176.3 of this Article. Upon receipt of any such 
written protest, the Director of Public Works will 
schedule a public hearing to hear all protests or 
oppositions to the issuance of the cafe tables and 
chairs permit. 

Upon denial of a permit by the Director of 
Public Works, an applicant may, within 15 cal- 
endar days following notification of such denial, 
file a notice of appeal to the Board of Permit 
Appeals, who shall then hear all appeals concern- 
ing the application for permit. (Added by Ord. 
236-93, App. 7/16/93) 

SEC. 176.8. PENALTIES; OTHER 
REMEDIES. 

(a) The placement of tables and chairs on a 
public sidewalk or other public right-of-way with- 
out a permit in compliance with Sections 176 
through 176.4 of this Article shall constitute an 
infraction punishable by a fine of $100. The 
nonpayment of such fine, or the continued exist- 
ence of a condition in violation of this Article, 
shall be grounds for the Director of Public Works 
to prohibit placement of tables and chairs by the 
responsible owner or operator of the fronting 
business establishment until such penalty has 
been paid or the condition corrected. (Added by 
Ord. 236-93, App. 7/16/93) 

SEC. 176.9. REMOVAL OF TABLES AND 
CHAIRS. 

Any tables and chairs placed in public side- 
walk or roadway areas without a validly issued 
permit may be seized and removed pursuant to 
this Section. Before any tables and chairs are 
seized, the owner or operator of the business 
establishment fronting on the sidewalk from 
which the tables and chairs are to be removed 
shall be notified and given 10 business days in 
which to remedy the violation. If the responsible 
party does not remedy the violation and apply for 
and obtain a cafe tables and chairs permit within 
the time prescribed, the City may seize and 
remove the tables and chairs. 

Any other provisions of this Article notwith- 
standing, if any cafe tables and chairs are placed 
in public sidewalk or roadway areas in such a 



Sec. 176.9. San Francisco - Public Works Code 272 

place or manner as to pose an immediate and 
serious danger to persons or property, the City 
may seize such tables and chairs without prior 
notice to the person responsible for such tables 
and chairs if it is impractical to remedy the 
danger by moving the tables and chairs to an- 
other point on the sidewalk or public right-of- 
way. The responsible party shall be notified 
promptly of such seizure and shall have the right 
to request an informal hearing before a desig- 
nated City official within 10 business days after 
such notification to determine whether the sei- 
zure was proper. Any tables and chairs seized 
pursuant to this Section shall be retained by the 
City and may be recovered as provided herein. 

Seized cafe tables and chairs shall be re- 
tained by the City and County and may be 
recovered by the responsible party for a period of 
at least 10 business days following seizure. 

As a condition of recovering any cafe tables 
and chairs properly seized pursuant to this Sec- 
tion, the person responsible for such cafe tables 
and chairs shall pay an impound fee covering the 
actual cost to the City of transporting and stor- 
ing such cafe tables and chairs. (Added by Ord. 
236-93, App. 7/16/93) 



[The next page is 291] 



ARTICLE 5.3: DISPLAY OF FRUITS AND VEGETABLES OR NONFOOD MERCHANDISE 

ON PUBLIC SIDEWALKS 



• 



Sec. 183. Authority to Issue Permits. 

Sec. 183-1. Application for Permits; Notice 

of Intent to Display 

Merchandise. 
Sec. 183-2. Investigation and Inspection — 

Rules and Regulations. 
Sec. 183-3. Permit: Application, Public 

Hearing, Fees, Term, Display of 

Permit. 
Sec. 183-4. Conditions and Restrictions. 
Sec. 183-5. Penalties; Investigation Fees: 

Display Stands without or in 

Violation of a Valid Permit; 

Appeals. 
Sec. 183-6. Appeal of Director's Decision. 
Sec. 183-7. Removal of Display Stands. 

SEC. 183. AUTHORITY TO ISSUE 
PERMITS. 

(a) The Director of Public Works is hereby 
authorized and empowered to issue revocable 
permits for the placement of display stands used 
for the purpose of displa5dng fruits, vegetables, 
living plants, cut flowers and nonfood merchan- 
dise in any area in public sidewalk areas con- 
tiguous to business establishments in locations 
wherein retail commercial activity is permitted 
under the Planning Code except for those areas 
designated C-3 pursuant to Section 210.3 of the 
Planning Code. 

(b) In determining the issuance of permits 
pursuant to Subsection (a) above, the Director of 
Public Works shall consider the convenience and 
necessity of pedestrians, property owners, occu- 
pants, tenants, or of offices, stores, or shops in 
the vicinity, the dimensions of the public side- 
walk areas, the location of nearby fire hydrants, 
bus shelters and stops, newspaper racks and 
similar factors, and shall further consider the 
commercial or residential character of the neigh- 
borhood and the impact of the proposed display 



on adjacent residential properties. The Director 
of Public Works shall forward all applications for 
the sidewalk display of fruits and vegetables to 
the Department of Public Health for its review 
and comments prior to the issuance of permits 
and shall forward all applications for the side- 
walk display of nonfood merchandise to the Po- 
lice Department for its review and comments 
prior to the issuance of permits. (Added by Ord. 
523-83, App. 11/4/83; amended by Ord. 372-93, 
App. 11/23/93) 

SEC. 183-1. APPLICATION FOR 
PERMITS; NOTICE OF INTENT TO 
DISPLAY MERCHANDISE. 

(a) Each application for a permit to place 
displays of fruits and vegetables or nonfood mer- 
chandise adjacent to a business establishment 
and each application to amend a permit previ- 
ously issued hereunder shall state the name and 
address of the applicant and business nature of 
the establishment, a physical description of the 
sidewalk and of the portion of the sidewalk 
proposed to be occupied, the general category of 
items to be displayed, and a description of the 
display stand, including size and building mate- 
rials used or to be used. 

(b) The Department of Public Works shall 
provide a form entitled "Notice of Intent to 
Display Merchandise" to each applicant. It shall 
include the applicant's name, a brief description 
of the merchandise to be displayed and the 
proposed display stand configuration. It shall 
also include the following provision: "A public 
hearing by the Director of Public Works on the 
issuance of the permit will be held only if written 
objections are submitted to the Director of Public 
Works within 10 calendar days of the date the 
Notice of Intent to Display Merchandise was 
posted." The Notice of Intent shall be posted in a 
conspicuous location in a window or other readily 
visible location on the frontage of the applicant's 



291 



Sec. 183-1. 



San Fraacisco - Public Works Code 



292 



business establishment for 10 calendar days. It 
shall be clearly visible from the public sidewalk, 
alley, or street and not obstructed by awnings, 
landscaping or other impediments to visibility. 
(Added by Ord. 523-83, App. 11/4/83; amended by 
Ord. 372-93, App. 11/23/93) 

SEC. 183-2. EWESTIGATIONAND 
INSPECTION— RULES AND 
REGULATIONS. 

The Director of Public Works or his/her des- 
ignee shall make all investigations and inspec- 
tions necessary to the issuance of permits and 
shall have the power and authority to adopt and 
enforce such rules and regulations necessary for 
the protection of the public interest. (Added by 
Ord. 523-83, App. 11/4/83; amended by Ord. 
372-93, App. 11/23/93) 

SEC. 183-3. PERMIT: APPLICATION, 
PUBLIC HEARING, FEES, TERM, 
DISPLAY OF PERMIT. 

(a) No owner or operator of a business es- 
tablishment shall occupy £uiy portion of a public 
sidewalk with stands for the display of fruits and 
vegetables or nonfood merchandise without first 
obtaining a permit to do so in accordance with 
the provisions of Section 183-1 of this Article. 
The permit application shall be on a form pro- 
vided by the Department of Public Works, which 
form shall include the following provision: "The 
applicant hereby affirms that the applicant is 
not prohibited by any lease or rental agreement 
from locating a display on the sidewalk adjacent 
to applicant's place of business." Each applica- 
tion for a permit or an amendment to a permit 
shall be signed under penalty of perjury and 
must be accompanied by a check or money order 
in the amount of $100 payable to the Depart- 
ment of Public Works of the City and County of 
San Francisco. In addition, a permit fee of a 
minimum of $4.80 for each square foot of side- 
walk to be occupied by display stands authorized 
by the permit shall be collected from each appli- 
cant by the Department of Public Works at the 
time the permit is issued. 



(b) No later than 21 days after the 10 cal- 
endar day display period has expired, the Direc- 
tor of Public Works or his/her designee shall hold 
a public hearing on issuance of permits for which 
written objections have been timely received. At 
least 10 days prior to the date of the hearing, 
notice of said hearing shall be mailed to the 
applicant and all persons who have submitted 
written objections to the Director of Public Works. 
In the event that written objections are submit- 
ted by standardized or duplicate forms, one per- 
son submitting such objections shall be desig- 
nated by the written objection to receive notice of 
the public hearing. Such notice shall clearly 
state the date, time, place and purpose of the 
hearing. Upon receipt, the applicant shall post a 
true and correct copy of said notice in a conspicu- 
ous location in a window or other readily visible 
location on the frontage of the applicant's busi- 
ness establishment. It shall be clearly visible 
from the public sidewalk, alley, or street and not 
obstructed by awnings, landscaping or other 
impediments to visibility. 

During such hearing or hearings, any inter- 
ested person shall have an opportunity to be 
heard, subject to any rules of procedure adopted 
by the Director of Public Works. 

(c) Within 15 days of the completion of the 
hearing or hearings, the Director of Public Works 
shall issue a written decision as to whether the 
permit shall be issued and what conditions, if 
any, in addition to those provided for in this 
Section shall be imposed. Said decision shall be 
mailed to the applicant. 

(d) A permit issued pursuant hereto shall 
remain valid until revoked, until such time as 
the applicant no longer owns or operates said 
business establishment, until the time period for 
which the permit shall remain valid, as deter- 
mined by the Director of Public Works, has 
expired, or until one year from the date the 
permit was issued, whichever occurs earlier. Said 
permit shall be displayed in a conspicuous loca- 
tion in a window or other readily visible location 
on the frontage of the applicant's business estab- 
lishment. It shall be clearly visible from the 
public sidewalk, alley, or street and not ob- 



293 



Display of Fruits and Vegetables or Nonfood 
Merchandise on Public Sidewalks 



Sec. 183-5. 



structed by awnings, landscaping or other im- 
pediments to visibility. (Added by Ord. 523-83, 
App. 11/4/83; amended by Ord. 372-93, App. 
11/23/93) 

SEC. 183-4. CONDITIONS AND 
RESTRICTIONS. 

The issuance of permits and the maintenance 
of stands for display of fruits and vegetables or 
nonfood merchandise in front of business estab- 
lishments by the permittee shall be subject to the 
following conditions and restrictions as well as 
such other conditions and restrictions as may be 
imposed by the Director of Public Works or 
his/her designee: 

(a) Stands for the display of fruits and veg- 
etables or nonfood merchandise shall be confined 
to an area approved by the Director of Public 
Works. 

(b) The fruits and vegetables or nonfood 
merchandise displayed on the sidewalk shall be 
the same as displayed for sale on the premises in 
the business operated by the permittee. 

(c) Fruits, vegetables or nonfood merchan- 
dise shall be displayed on a stand approved by 
the Director of Public Works or his/her designee. 

(d) The display stands permitted by this 
Section shall be a minimum of 2V2 feet and a 
maximum of six feet above the sidewalk, and 
shall extend into the sidewalk no more than 24 
inches or 25 percent of the width, whichever is 
less, from the front of the building. All display 
stands shall meet the guidelines established by 
the Director of Public Works for compliance with 
the disability access standards of the Americans 
with Disabilities Act (ADA) and Part II of Title 
24 of the California Code of Regulations. 

(e) All fruits and vegetables shall be pro- 
tected by an awning. 

(f) All display stands shall be promptly re- 
moved from the sidewalk at the end of each 
business day 

(g) The permittee shall maintain the side- 
walk in a clean condition at all times. 

(h) The permittee shall keep the sidewalk 
area not occupied by the display stand free of 
obstructions at all times. 



(i) There shall be no liability on the City or 
upon any of its officers, agents or employees for 
any damage sustained by the permittee from any 
cause arising out of permitted activities. Further- 
more, the permittee shall agree to indemnify, 
defend and hold harmless the City and County, 
its officers and employees from any liability 
arising out of permitted activities. 

(j) Each permittee shall, at his own ex- 
pense, maintain in full force and effect an insur- 
ance policy or policies issued by an insurance 
company or companies satisfactory to the City's 
Controller and Director of Public Works. Policy 
or policies shall afford liability insurance in an 
amount not less than $1,000,000 covering all 
operations, including, but not limited to, pre- 
mises, products, personal injuries and property 
damage or a combination of such injuries. Said 
policy or policies shall include the City and 
County of San Francisco and its officers and 
employees jointly and severally as additional 
insureds and shall apply as primary insurance 
and shall stipulate that no other insurance ef- 
fected by the City and County of San Francisco 
will be called on to contribute to a loss covered 
hereunder. Said policy or policies shall provide 
30 days notice to Controller, City and County of 
San Francisco, Room 109, City Hall, and the 
Director of PubHc Works, Room 260, City Hall, if 
the policy or policies should be canceled or ma- 
terially changed. 

(k) Any assignment or sale of a permit 
issued under this Article is prohibited. 

(1) Sidewalk areas shall not be painted, land- 
scaped or altered in any way without prior writ- 
ten approval of the Department of Public Works. 

(m) A permit issued under this Article does 
not constitute a deed or grant of an easement by 
the City and is revocable at any time at the will 
of the Director of Public Works or the Boeird of 
Supervisors. (Added by Ord. 523-83, 11/4/83; 
amended by Ord. 372-93, App. 11/23/93) 

SEC. 183-5. PENALTIES; 
INVESTIGATION FEES: DISPLAY 
STANDS WITHOUT OR IN VIOLATION OF 
A VALID PERMIT^ APPEALS. 

(a) Any person violating the provisions of 
this Section shall be guilty of an infraction. 
Every violation determined to be an infraction is 



Sec. 183-5. 



San Francisco - Public Works Code 



294 



punishable by (1) a fine not exceeding $100 for a 
first violation; (2) a fine not exceeding $200 for a 
second violation within one year; (3) a fine not 
exceeding $500 and revocation of the permittee's 
license issued pursuant to Section 183-2 of this 
Article for a third violation within one year. 

In addition, fines may be imposed by the 
Department of Public Works for investigation of 
display stands being maintained without or in 
violation of a valid permit. The Director of Public 
Works shall establish a schedule of such fees. 
Pajnnent of the fees shall be directly to the 
Department of Public Works. 

The person responsible for payment of the fee 
may appeal the amount of the investigation fee 
to the Board of Permit Appeals, subject to its 
filing fees and rules. 

(b) The nonpayment of such fee or fine, or 
the continued existence of a condition in viola- 
tion of this Section, shall be grounds for the 
Director of Public Works to deny a permit for 
display stands to the responsible owner or appli- 
cant until such penalty has been paid and the 
condition corrected. (Added by Ord. 523-83, App. 
11/4/83; amended by Ord. 205-87, App. 6/3/87; 
Ord. 372-93, App. 11/23/93) 



good faith efibrt to submit a permit application 
pursuant to Section 183-2 herein within the time 
prescribed, the display stands may be seized and 
removed from their sidewalk location by the City. 
Seized display stands shall be retained by the 
City and County and may be recovered by the 
responsible person for a period of at least 10 
business days following seizure. As a condition of 
recovering any display stands seized pursuant to 
this Section, the person responsible for such 
display stands shall pay an impound fee equal to 
the actual cost to the City of transporting and 
storing such display stands. (Added by Ord. 
372-93, App. 11/23/93) 




SEC. 183-6. APPEAL OF DIRECTOR'S 
DECISION. 

Any decision on an application for a permit 
pursuant to this Section, may be appealed to the 
Board of Permit Appeals within 15 days of the 
issuance of a decision by the Director of Public 
Works. (Added by Ord. 523-83, App. 11/4/83; 
amended by Ord. 372-93, App. 11/23/93) 



SEC. 183-7. REMOVAL OF DISPLAY 
STANDS. 

Any display stands placed in the public side- 
walk without a validly issued permit may be 
seized and removed pursuant to this Section. 
Before any display stands are seized, the owner 
or operator of the business establishment front- 
ing on the sidewalk from which the display 
stands are to be removed shall be given 10 
business days in which to apply for a valid 
permit. If the responsible party does not make a 



[The next page is 3111 



ARTICLE 5.4: REGULATION OF NEWSRACKS 



Sec. 
Sec. 


184. 
184.1. 


Purpose and Intent. 
Definitions. 


Sec. 


184.2. 


Newsrack Certificate. 


Sec. 


184.3. 


Newsrack Identification. 


Sec. 


184.4. 


Newsracks Prohibited. 


Sec. 


184.5. 


Maintenance and Display 
Standards. 


Sec. 
Sec. 


184.6. 
184.7. 


Correction of Violations; 

Hearing. 

Reserved. 


Sec. 


184.8. 


Penalties; Other Remedies 


Sec. 


184.9. 


Insurance. 


Sec. 


184.10. 


Indemnification. 


Sec. 
Sec. 


184.11. 
184.12. 


Severability. 

Fixed Pedestal Newsracks. 




SEC. 184. PURPOSE AND INTENT. 

The Board of Supervisors hereby finds that 
newsracks placed and maintained on the streets, 
sidewalks, or other public rights-of-way, absent 
some reasonable regulation, may unreasonably 
interfere with the use of such streets, sidewalks, 
and public rights-of-way, and may present haz- 
ards to persons or property. 

The Board of Supervisors further finds that 
streets, sidewalks and public rights-of-way are 
historically associated with the sale and distri- 
bution of newspapers and other publications, 
and that access to and use of these areas for such 
purposes is not to be denied except where such 
use unreasonably interferes with the use of these 
areas by pedestrians or traffic, or where such use 
presents a hazard to persons or property 

The Board of Supervisors therefore has de- 
termined that a reasonable accommodation of 
these competing interests can be achieved by 
adoption of this Article, which regulates the 
placement and maintenance of newsracks. (Added 
by Ord. 359-85, App. 7/24/85) 



SEC. 184.1. DEFINITIONS. 

(a) "Newsrack" is any self-service or coin- 
operated box, container, storage unit, or other 
dispenser installed, used, or maintained for the 
display and sale or distribution without charge 
of newspapers, periodicals or other publications. 

(b) "City" is the City and County of San 
Francisco. 

(c) "Person" is an individual, firm, partner- 
ship, joint venture, association, social club, fra- 
ternal organization, joint stock company, corpo- 
ration, estate, trust, business trust, receiver, 
trustee, syndicate, or any other group or combi- 
nation acting as a unit, excepting the United 
States of America, the State of California, or any 
political subdivision thereof. 

(d) "Director of Public Works" is the City's 
Director of Public Works or his or her designated 
representative. 

(e) "General Manager of MUNI" is the Gen- 
eral Manager of the City's Municipal Railway or 
his or her designated representative. 

(f) "Abandoned newsrack" is any newsrack 
which remains empty for 10 business days, ex- 
cept that a newsrack remaining empty due to 
labor strike or any temporary and extraordinary 
interruption of distribution or publication by the 
newspaper or other publication sold or distrib- 
uted from that newsrack shall not be deemed 
abandoned. (Added by Ord. 359-85, App. 7/24/85) 

SEC. 184.2. NEWSRACK CERTIFICATE. 

Prior to the installation of any newsrack on 
any public street, sidewalk, or other public right- 
of-way, the person responsible for such installa- 
tion and for the maintenance of such newsrack 
shall submit a newsrack certificate to the Direc- 
tor of Public Works. Any person may establish a 
single, master newsrack certificate covering all 
of such person's newsracks within the City. The 
newsrack certificate shall state the name, ad- 
dress and telephone number of the person re- 



311 



Sec. 184.2. 



San Francisco - Public Works Code 



312 



sponsible for installation and maintenance of the 
newsrack(s) covered by such certificate and set 
forth such person's agreement to indemnify and 
hold harmless the city pursuant to Section 184.10 
of this Article. Within 10 business days from the 
date the newsrack certificate is submitted, the 
person responsible for such installation and for 
maintenance of such newsrack shall submit a 
separate certificate evidencing the insurance re- 
quired to be carried under Section 184.9 of this 
Article. (Added by Ord. 359-85, App. 7/24/85) 

SEC. 184.3. NEWSRACK 
IDENTIFICATION. 

Every person, either for himself or herself or 
any other person, who places or maintains or 
who causes to be placed or maintained a news- 
rack on any street, sidewalk or public right-of- 
way shall have his or her name, address and 
telephone number permanently affixed to the 
newsrack in a place where such information will 
be readily visible. (Added by Ord. 359-85, App. 
7/24/85) 

SEC. 184.4. NEWSRACKS PROHIBITED. 

(a) No person shall place, use or maintain 
any newsrack which in whole or in part rests 
upon, in or over any portion of any street or other 
public right-of-way on which motor vehicles are 
lawfully permitted. 

(b) No person shall place, use or maintain 
any newsrack which in whole or in part rests 
upon, in or over any street, sidewalk or other 
public right-of-way, when such placement, use or 
maintenance endangers the safety of persons or 
property, or unreasonably interferes with public 
utility purposes, public transportation purposes 
or other government use, or when such newsrack 
unreasonably interferes with or impedes the flow 
of pedestrian or vehicular traffic, the ingress into 
or egress from any residence, place of business, 
or any legally parked or stopped vehicles, the use 
of poles, posts, traffic signs or signals, police or 
fire call boxes, transit shelters, sidewalk eleva- 
tors, mailboxes, or other objects permitted at or 
near said location, or access to or use of delivery 
areas or loading zones. 



(c) No person shall place, use or maintain 
any newsrack within five feet of any fire hydrant 
or any transit shelter installed by or for the San 
Francisco Municipal Railway ("MUNI") (except 
for newsracks placed inside or affixed to any 
such transit shelter with MUNI's consent), nor 
shall any person place, use or maintain any 
newsrack in any location where such newsrack 
leaves less than five feet of clear space for 
pedestrian passage. 

(d) No person shall place, use or maintain 
any newsrack closer than seven feet from the 
curb within the first 30 feet of any MUNI stop- 
ping zone (as measured from the front of the 
yellow MUNI stop bar on the street, if there is 
one, or if there is not, from the beginning of the 
white box zone painted on the street). In the 
remaining portion of any MUNI stopping zone, 
no person shall place, use or maintain any news- 
rack closer than five feet from the curb, except 
that in the last 15 feet of any MUNI stopping 
zone, newsracks may be placed so that no edge is 
closer than two feet from the curb. 

(e) The Director of Public Works shall ap- 
point an advisory committee of newspaper dis- 
tributors and concerned citizens to recommend 
such guidelines as may be necessary for inter- 
preting and enforcing Section 184.4(b). Upon 
adoption of such guidelines by the Director of 
Public Works, copies of the guidelines shall be 
kept on file at the Director of Public Works and 
shall be made available to any person upon 
request. (Added by Ord. 359-85, App. 7/24/85) 

SEC. 184.5. MAINTENANCE AND 
DISPLAY STANDARDS. 

(a) Every newsrack shall be maintained in 
good repair and working order. Newsracks that 
have been damaged or stolen shall be replaced or 
repaired as soon as is practical, unless the per- 
son responsible for the newsrack wishes to aban- 
don the location, in which event such person 
shall promptly remove the newsrack and repair 
any damage to public property caused by the 
installation or removal of such newsracks. 



313 



Regulation of Newsracks 



Sec. 184.6. 



(b) All coin-operated newsracks shall be 
equipped with a coin-return device maintained 
in good repair and working order. 

(c) All newsracks and the newspapers or 
other publications sold therefrom shall be main- 
tained and displayed in accordance with all ap- 
plicable law, including (without limitation) Ar- 
ticle 10.1 of Part II, Chapter VIII of the San 
Francisco Municipal Code (Police Code). (Added 
by Ord. 359-85, App. 7/24/85) 

SEC. 184.6. CORRECTION OF 
VIOLATIONS; HEARING. 

(a) Any newsrack installed or maintained 
in violation of this Article may be seized and 
removed pursuant to Section 184.6. Seizure and 
removal of newsracks in violation of Sections 
184.4 or 184.5 may take place only if it is 
impractical to remedy the violation by moving 
the newsrack to another point on the street, 
sidewalk or other public right-of-way without 
mechanical assistance. Before any newsrack is 
seized, the person responsible for its installation 
and maintenance shall be notified and given 10 
business days in which to remedy the violation 
or to request a hearing to contest the seizure in 
the manner provided in Section 184.6(b). Notice 
to the party responsible for the newsrack shall 
be given by written notice sent to the address for 
such party stated on the newsrack certificate 
filed pursuant to Section 184.2 of this Article, 
and an additional notice tag shall be affixed to 
the newsrack on the date of notice. The latter 
notice shall be sufficient if no identification is 
shown on the newsrack and no newsrack certifi- 
cate has been filed. Both the notice sent to the 
address stated on the newsrack certificate and 
the additional notice tag affixed to the newsrack 
shall state the place to request a hearing to 
contest the seizure, as provided in Section 184.6(b). 

(b) Any person notified under Section 184.6(a) 
may request a hearing before a designated City 
official (the "Hearing Officer") in the manner set 
forth below. The Hearing Officer shall be the 
Director of Public Works unless the newsrack 
allegedly installed or maintained in violation of 
this Article is located within any MUNI stopping 
zone, in which case the Hearing Officer shall be 



the General Manager of MUNI. The person no- 
tified under Section 184.6(a) may request a hear- 
ing by making a request to the office of the 
Director of Public Works (if the Hearing Officer 
is the Director of Public Works) or, if the Hearing 
Officer is the General Manager of MUNI, then by 
making a request to the office of the General 
Manager of MUNI. The hearing shall be held not 
less than 10 business days after the request was 
made by the party notified under Section 184.6(a). 
The hearing shall be informal, but oral and 
written evidence may be given by both sides. Any 
action by the City with respect to the alleged 
violation shall be stayed pending the Hearing 
Officer's decision following the hearing, which 
decision shall be rendered no later than 10 
business days after the hearing. The Hearing 
Officer may give oral notice of the decision at the 
close of the hearing, but shall give written notice 
as well of all decisions. 

(c) The City may seize and remove a news- 
rack if the person responsible for such newsrack 
(i) has neither requested a hearing before the 
Hearing Officer nor remedied the violation within 
10 business days following date of notice, or (ii) 
has failed to remedy the violation within 10 
business days after receiving a copy of the writ- 
ten decision that the newsrack was installed or 
maintained in violation of this Article, following 
a hearing conducted pursuant to Section 184.6(b). 
Such person shall be notified of the seizure. 
Seized newsracks shall be retained by the City 
and may be recovered by the responsible party 
for a period of at least 10 business days following 
seizure. 

(d) Notwithstanding the provisions of Sec- 
tion 184.6(a) through (c), if a newsrack is in- 
stalled or maintained in such a place or manner 
as to pose an immediate and serious danger to 
persons or property, the City may seize such 
newsrack without prior notice to the person 
responsible for such newsrack if it is impractical 
to remedy the danger by one person moving the 
newsrack to another point on the street, side- 
walk, or other public right-of-way without me- 
chanical assistance. The person responsible for 
such newsrack shall be notified promptly after 
such seizure has occurred, and shall have the 



Sec. 184.6. 



San Francisco - Public Works Code 



314 



right to request an informal hearing before the 
Director of PubHc Works (or, if the seized news- 
rack had been located within any MUNI stop- 
ping zone in violation of Section 184.4(d), then 
before the General Manager of MUNI) within 10 
business days after receiving such notice to de- 
termine whether the seizure was proper. Any 
newsrack seized pursuant to this Section shall 
be retained by the City and may be recovered by 
the person responsible for such newsrack as 
provided in Section 184.6(c). 

(e) Abandoned newsracks may be removed 
by a public officer of the City and may be 
disposed of if not claimed by the person respon- 
sible for that newsrack within 10 business days. 
The above notwithstanding, at least 10 business 
days before any newsrack is removed under this 
subsection, the person responsible for its instal- 
lation or maintenance shall be given written 
notice pursuant to this Section that such news- 
rack is suspected of being abandoned. Such news- 
rack shall not be removed if, before removal, the 
party responsible for its installation or mainte- 
nance informs the Director of Public Works that 
the newsrack has not been abandoned and 
promptly stocks and maintains the subject news- 
rack. In addition, upon removal of any aban- 
doned newsrack, the person responsible for its 
installation or maintenance shall promptly be 
notified and given 10 business days in which to 
request an informal hearing before the Director 
of Public Works (or, if the newsrack had been 
located within any MUNI stopping zone in vio- 
lation of Section 194.4(d), then before the Gen- 
eral Manager of MUNI) to contest the removal 
under this subsection. (Added by Ord. 359-85, 
App. 7/24/85) 

SEC. 184.7. RESERVED. 

SEC. 184.8. PENALTIES; OTHER 
REMEDIES. 

Any other provisions of this Article to the 
contrary notwithstanding, as a condition of re- 
covering any newsrack properly seized pursuant 
to the terms of Section 184.6 of this Article, the 
person responsible for such newsrack shall pay 
an impound fee covering the actual cost to the 



City of transporting and storing such newsrack. 
In addition, any person who violates Sections 
184.4 or 184.5 of this Article shall be guilty of an 
infraction, and if such person's newsrack is prop- 
erly seized pursuant to Section 184.6, such per- 
son may be punished by a fine not exceeding $50 
for the first such violation, $75 for the second 
such violation, or $100 for each violation there- 
after. The Hearing Officer may waive these fines 
in appropriate circumstances. 

The provisions of this Section shall not limit 
any other remedies authorized by law. (Added by 
Ord. 359-85, App. 7/24/85) 

SEC. 184.9. INSURANCE. 

Each person installing or maintaining a news- 
rack under this Article shall furnish to the City a 
certificate showing that such person has then in 
force a policy or policies of public liability and 
property damage insurance, naming the City as 
an additional insured, in an amount not less 
than $100,000 minimum liability combined single 
limit (bodily injury and property damage) per 
person and per occurrence. Each such person 
shall provide and keep in force such policy or 
policies of public liability insurance during such 
time as he or she continues to place or maintain 
any newsrack under the terms of this Article. 
The evidence of insurance filed with the City 
shall include a statement by the insurance car- 
rier that such carrier will give the City 30 days' 
notice before cancelling such insurance. (Added 
by Ord. 359-85, App. 7/24/85) 

SEC. 184.10. INDEMNIFICATION. 

Any person installing or maintaining a news- 
rack under this Article shall further be required 
to execute an agreement with the City that he or 
she agrees to indemnify and to hold harmless the 
City and its representatives from all claims, 
demands or liability arising out of or encoun- 
tered in connection with the installation or main- 
tenance of any newsrack on public property by or 
on behalf of such person, except only such injury 
or harm as may be caused solely and exclusively 
by the negligence of the City or its authorized 
representatives. This indemnification shall ex- 
tend only to actions filed within the applicable 



315 



Regulation of Newsracks 



Sec. 184.12. 



period for filing actions under California law. 
(Added by Ord. 359-85, App. 7/24/85) 

SEC. 184.11. SEVERABILITY. 

If any provision or clause of this Article or the 
application thereof to any person or circum- 
stance is held to be unenforceable by a court of 
competent jurisdiction, such clause or provision 
and the remainder of this Article shall remain 
effective and enforceable to the fullest extent 
allowed by law, and all clauses and provisions of 
this Article are hereby declared to be severable. 
(Added by Ord. 359-85, App. 7/24/85) 

SEC. 184.12. FIXED PEDESTAL 
NEWSRACKS. 

(a) PURPOSE AND INTENT. The Board 
of Supervisors hereby finds and declares: 

(1) The City and County of San Francisco 
has a substantial interest in promoting the pub- 
lic health, safety, welfare and convenience of its 
citizens and visitors by ensuring that public 
streets, public sidewalks and public rights-of- 
way are not unreasonably obstructed by news- 
racks, and that newsracks are properly main- 
tained. 

(2) In recent years, the proliferation of news- 
racks on City streets, and particularly poorly 
maintained or abandoned freestanding news- 
racks, have contributed to the congestion of 
public sidewalks, impeded the flow of pedestrian 
and vehicular traffic, interfered with the use of 
streets, public sidewalks and public rights-of- 
way, presented hazards to persons and property, 
contributed to the litter problems of public side- 
walks, and resulted in visual blight. 

(3) The City and County of San Francisco 
has a substantial interest in preserving and 
protecting its unique visual and aesthetic quali- 
ties identified in Sections 1.5.24 through 1.5.25, 
1.5.32 through 1.5.33, and II.4.2 of the San Fran- 
cisco General Plan. To that end, and consistent 
with the Downtown Area Plan of the General 
Plan (§§ II.1.48 through II.1.50), the City must 
take steps to reduce the visual blight, the incon- 
venience and the hazards associated with unlim- 
ited numbers and designs of newsracks, poorly 



maintained newsracks and the virtually unre- 
stricted placement of newsracks on public streets, 
public sidewalks and public rights-of-way. 

(4) A six-month pilot program employing 
fixed pedestal newsracks at various locations the 
City has shown that an effective way to reduce 
the visual clutter and hazards associated with 
excessive numbers of newsracks is to prohibit 
freestanding newsracks in congested areas, and 
to allow only fixed pedestal newsracks in these 
areas. 

(5) The purpose of this section is to promote 
the public health, safety and welfare and the 
aesthetic qualities of the City by controlling the 
placement, size, construction and appearance of 
newsracks and fixed pedestal units so as to 
accomplish the following, to the extent reason- 
ably possible in compliance with this section and 
the guidelines: 

(A) Provide for pedestrian and vehicular 
safety and convenience; 

(B) Ensure that there is no unreasonable 
interference with the flow of pedestrian or ve- 
hicular traffic including ingress into, or egress 
from, any residence, place of business or public 
facility, or any legally parked or stopped vehicles; 

(C) Ensure compliance with the Americans 
With Disabilities Act and improve passage for 
persons with disabilities by reducing impedi- 
ments to passage caused by poorly located news- 
racks; 

(D) Provide reasonable access for the safe 
and efficient use and maintenance of sidewalks, 
poles, posts, traffic signs or signals, hydrants, 
mailboxes, police or fire call boxes, sidewalk 
elevators, delivery areas, loading zones, transit 
shelters, curb ramps, parking meters, and loca- 
tions used for public transportation services; 

(E) Reduce visual blight and clutter and 
litter problems associated with poorly main- 
tained, improperly located or abandoned news- 
racks; 

(F) Protect the unique aesthetic and histori- 
cal attributes of the City; 



Sec. 184.12. 



San Francisco - Public Works Code 



316 



(G) Advance the economic interests of the 
City's businesses and residents, including the 
interests of those involved in the publication or 
distribution of newspapers and news periodicals 
through newsracks; 

(H) Respect publications' interests in effec- 
tive distribution, including by (i) allowing publi- 
cations currently distributed from freestanding 
newsracks to receive distribution space in fixed 
pedestal units located at, or as close as reason- 
ably possible to, the locations of such freestand- 
ing newsracks; (ii) allowing publications not cur- 
rently distributed from freestanding newsracks 
to receive distribution space in fixed pedestal 
units, (iii) allowing the number, locations, and 
usage of fixed pedestal units to change over time 
in response to changing market conditions; and 
(iv) specifying reasonable conditions under which 
paid publications shall have the right to repair, 
maintain, replace or otherwise engage in self- 
help as to specific components of newsrack boxes 
they occupy that relate to newsrack box function- 
aUty; 

(I) Provide for streetworthy fixed pedestal 
units and prompt and effective maintenance, 
repair and replacement of such units, including 
by providing for expeditious maintenance, repair 
and replacement of parts of such units which, if 
not thus maintained, repaired or replaced, could 
significantly impede the effective use of such 
units for the sales or distribution of publications; 
and 

(J) Specify reasonable conditions imder which 
paid publications may elect to have the Vendor 
assume responsibility for repair, maintenance, 
or replacement of coin mechanisms and related 
parts of newsrack boxes that those paid publica- 
tions occupy, and may subsequently revoke such 
election. 

(6) In adopting this section, the Board of 
Supervisors is mindful that regulation of news- 
racks implicates rights protected by the First 
Amendment of the United States Constitution 
and by Article I, Section 2 of the California 
Constitution. To that end, the Board of Supervi- 
sors directs the Director of the Department of 
Public Works, the General Manager of the Mu- 



nicipal Railway, and other appropriate City offi- 
cials to interpret and apply this section and the 
guidelines promulgated under this section, and 
to exercise their powers and duties, in a manner 
consistent with the constitutional rights of citi- 
zens and the regulated community. 

(7) Use of streets, public sidewalks and other 
public rights-of-way for distribution of newspa- 
pers may be denied where such use presents a 
danger to persons or property. Use of these areas 
for such purposes may be restricted where it 
unreasonably interferes with the intended use of 
the area or with pedestrian or vehicular traffic, 
or results in unreasonable levels of visual blight. 

(8) In recent years. City officials have no- 
ticed that a number of newsracks in the City are 
placed in inappropriate locations, are aban- 
doned, or are poorly maintained. Many of these 
newsracks also end up being used as trash re- 
ceptacles, causing unsightly and unsanitary clut- 
ter and litter. 

(9) Given the limited space available and 
the increasing congestion on certain public side- 
walks, streets and public rights-of-way, the City 
has a substantial interest in devising an ap- 
proach to placement of newsracks and fixed 
pedestal units in those areas that promote public 
health, safety and welfare and the aesthetic 
quality of the City. This objective may be achieved 
by creating "fixed pedestal zones" in highly con- 
gested areas or areas that have particular public 
safety, aesthetic, historical, or economic con- 
cerns. Allowing fixed pedestal units and prohib- 
iting freestanding newsracks and unauthorized 
fixed pedestal units in these zones will promote 
the City's interest in promoting public safety, 
reducing visual blight and clutter, protecting the 
unique aesthetic and historical attributes of the 
City, and advancing the economic interests of the 
City's businesses and residents by improving the 
appearance of the area and resulting in better 
use of space and reduced congestion, while re- 
specting publication's interests in effective dis- 
tribution. A reasonable accommodation of these 
competing interests can be achieved by adoption 
of this section, which regulates the placement. 




317 



Regulation of Newsracks 



Sec. 184.12. 



size, construction design, maintenance, and ap- 
pearance of newsracks and fixed pedestal units 
in specified areas. 

(10) This section is not intended to and does 
not ban freestanding newsracks on public side- 
walks, streets and public rights-of-way through- 
out the City. Subject to Section 184.12(c) and the 
guidelines, freestanding newsracks may con- 
tinue to be placed on public sidewalks, streets 
and public rights-of-way in areas of the City that 
are not within fixed pedestal zones created pur- 
suant to this section, in accordance with Article 
5.4, Sections 184 through 184.11, of the San 
Francisco Public Works Code and the guidelines 
promulgated thereunder. Publications also may 
continue to be distributed within fixed pedestal 
zones created pursuant to this section by all 
authorized means other than freestanding news- 
racks. 

(b) DEFINITIONS. The definitions con- 
tained in Section 184. 1 shall apply to this section 
except to the extent such definitions are incon- 
sistent with the following: 

(1) "Abandoned newsrack box" means any 
newsrack box that either remains empty for 
more than fifteen (15) business days or contains 
only outdated issues in violation of the guide- 
lines promulgated under this section, after the 
expiration of applicable notice, grace and cure 
periods. In case of a labor strike or a temporary 
and extraordinary interruption of distribution or 
publication of the newspaper or other periodical 
sold or dispensed from that newsrack box, the 
publication shall notify the Director in writing in 
order to avoid having the newsrack box deemed 
abandoned. 

(2) A "block face" means the sidewalk be- 
tween, and including, two contiguous curb cor- 
ners without an intervening street or other road- 
way, excluding driveways. 

(3) A "curb comer" means the common area 
formed at the intersection of, and consisting of 
the overlap of, two adjacent sidewalks. 

(4) A "cluster of fixed pedestal units" means 
two or more fixed pedestal units located such 
that each unit is within twenty-five feet (25') of 
another unit on the same block face. 



(5) "Director" means the Director of the 
Department of Public Works or his or her desig- 
nated agent or representative. 

(6) "Fixed pedestal zone" means any area 
designated by the Director, in accordance with 
this section and the guidelines in which distri- 
bution of newspapers through newsracks is re- 
stricted to fixed pedestal units installed in a 
style and manner approved by the Director. 

(7) "Fixed pedestal permit" means a permit 
issued to a publication authorizing the place- 
ment of the publication in one or more newsrack 
boxes in a fixed pedestal unit in a Fixed Pedestal 
Zone. 

(8) "Fixed pedestal unit" means an assem- 
bly which is of a type, design or model approved 
by the Director and which contains one or more 
self-service or coin-operated boxes, containers, 
storage units or other dispensers installed, used 
or maintained for the display and sale or free 
distribution of publications, and which is at- 
tached to the public sidewalk, street or public 
right-of-way in accordance with this section, guide- 
lines promulgated under this section, and any 
vendor contract. 

(9) "Freestanding newsrack" means any self- 
service or coin-operated box, container, storage 
unit or other dispenser installed, used or main- 
tained for the display and sale or the distribution 
without charge of publications, and which is not 
a fixed pedestal unit authorized under this sec- 
tion. 

(10) A "historically present" publication 
means a publication that, according to the sur- 
vey completed most recently before initial imple- 
mentation of this section in any fixed pedestal 
zone, was distributed from at least one freestand- 
ing newsrack situated cat the area in question. 
For purposes of the preceding sentence: 

(A) "Area" means either a comer area or a 
midblock area. A "corner area" is that general 
portion of a block face that, as reasonably esti- 
mated by the Director in the compilation of the 
survey without undertaking actual measure- 
ment, is no more than thirty-five feet (35') from 
the edge of the nearest curb corner on that block 
face, or, if there is one or more item of street 



Sec. 184.12. 



San Francisco - Public Works Code 



318 



furniture, utilities, or other fixed obstructions 
(except freestanding newsracks) within those 
thirty-five feet (35'), no more than fifty feet (50') 
from the edge of the nearest curb corner. A 
midblock area is that general portion of a block 
face that is not a corner area under this subsec- 
tion. 

(B) Because freestanding newsracks are of- 
ten inadvertently moved into locations that are 
illegal under City laws or regulations, a free- 
standing newsrack is "situated" in the area in 
question even if it is placed in a location that 
violates one or more City laws or regulations 
concerning freestanding newsrack placement. Not- 
withstanding the foregoing sentence, no free- 
standing newsrack shall support a claim of his- 
torical presence, or be counted in any survey of 
historically present freestanding newsracks, if it 
is secured to a tree, tree grate, or tree guard; is 
secured to or interfering with a fire hydrant, 
police or fire call box, or parking meter; or is 
located in a crosswalk, in any part of a bus zone 
save the last fifteen feet (15') thereof, in a blue 
zone, in any location where it interferes with a 
handicapped access ramp, or in any other loca- 
tion where it poses a similar significant threat to 
public safety or property. 

(11) "Initial implementation" means the first 
stage of implementation of this section through- 
out a fixed pedestal zone, and shall include the 
selection of locations for initial fixed pedestal 
units in that zone which are as close as possible 
to the former locations of freestanding news- 
racks, in compliance with this section and the 
guidelines; the allocation of space within those 
units to historically present publications and, if 
possible, to other interested publications; and 
the installation of those units. 

(12) "Newsrack" means a freestanding news- 
rack or an unauthorized fixed pedestal unit. 

(13) "Newsrack box" shall mean the indi- 
vidual space within a fixed pedestal unit that 
dispenses one publication, including the door, 
coin return mechanism and associated hard- 
ware. Except as stated otherwise in this section 
or the guidelines, if the vendor has split a news- 
rack box into two separate distribution areas, 



each such area shall constitute as separate news- 
rack box. "Newsrack box" does not include any 
freestanding newsrack. 

(14) "Permit holder" means a publication 
that has been issued one or more fixed pedestal 
permits by the Director, or that is otherwise 
authorized to occupy one or more newsrack boxes. 

(15) A "petition unit" means a fixed pedes- 
tal unit installed pursuant to a petition under 
subsection 184.12(g)(3)(B) after initial implemen- 
tation has occurred throughout the fixed pedes- 
tal zone in question. 

(16) "Publication" includes all editions of 
that publication, including but not limited to 
morning, evening, or special editions, as well as 
any editions of that publication published jointly 
with another publisher. 

(17) "Public right-of-way" means land which 
by deed, conveyance, agreement, easement, dedi- 
cation, usage or process of law is reserved and 
dedicated to the general public for street, high- 
way, alley, public utility, or pedestrian walkway 
purposes, whether or not said land has been 
improved or accepted for maintenance by the 
City 

(18) "Roadway" means that portion of a 
public street that is improved or customarily 
used for vehicular traffic. 

(19) "Section" or "this section," or "any sub- 
section thereof means Article 5.4, Section 184.12 
of the San Francisco Public Works Code. 

(20) "Sidewalk" means any public surface 
or public walkway provided for the exclusive or 
primary use of pedestrians. 

(21) "Street" means all that area dedicated 
to the public use, including but not limited to 
roadways, sidewalks and planter strips. 

(22) A "survey" means a written enumera- 
tion of the freestanding newsracks situated on 
public sidewalks and public rights-of-way in one 
or more portions of the City that (A) states the 
name of the publication distributed from each 
such freestanding newsrack, with such names 
Hsted according to survey order; (B) states whether 
each such freestanding newsrack is situated at a 
comer area or midblock area, as reasonably 
estimated by the Director without undertaking 



319 



Regulation of Newsracks 



Sec. 184.12. 



actual measurement; (C) is conducted after the 
effective date of this Section; and (D) is accom- 
panied by a contemporaneous videotape or com- 
parable photographic depiction of such freestand- 
ing newsracks that the Director retains for at 
least twelve (12) months cater initial implemen- 
tation in that zone is completed. For purposes of 
the preceding sentence "area" and "situated" 
shall have the meanings set forth in Section 
184.12(b)(10). 

(23) "Survey order" means that the Direc- 
tor, in conducting a survey of freestanding news- 
racks situated in a particular area, as defined in 
Section 184.12(b)(10), shall proceed in the follow- 
ing order: 

(A) In surveying a comer area, the Director 
shall: 

(i) First survey that group of freestanding 
newsracks in that area that is located on the 
curb side of the sidewalk (as opposed to the 
property line side of the sidewalk) and is located 
closest to the corner. Within that group, the 
Director shall first survey those freestanding 
newsracks that face toward the property line, 
starting with those closest to the corner, and 
shall then survey those freestanding newsracks 
that do not face toward the property line, start- 
ing with those closest to the comer; 

(ii) Then repeat the process described in 
subsection (i) immediately above for each other 
group of freestanding newsracks in that area 
that also is located on the curb side of the 
sidewalk, proceeding from group to group in 
order of increasing distance from the comer, 
until all groups of freestanding newsracks in 
that area that are located on the curb side of the 
sidewalk have been surveyed; 

(iii) Then repeat the process described in 
subsection (i) for each remaining group of free- 
standing newsracks located in that area (i.e. 
freestanding newsracks not on the curb side of 
the sidewalk), proceeding from group to group in 
order of increasing distance from the comer, 
until all groups of freestanding newsracks in 
that area have been surveyed. 



(B) In surveying a midblock area, the Direc- 
tor shall: 

(i) First survey that group of freestanding 
newsracks in that area that is located on the 
curb side of the sidewalk and that a vehicle 
moving on that side of the street would first 
encounter. Within that group, the Director shall 
first survey those freestanding newsracks that 
face toward the property line, proceeding from 
newsrack to newsrack in the direction in which 
vehicular traffic on that side of the street moves, 
and shall then survey those freestanding news- 
racks that do not face toward the property line, 
again proceeding from newsrack to newsrack in 
the direction in which vehicular traffic on that 
side of the street moves; 

(ii) Then repeat the process described in 
subsection (i) immediately above for each other 
group of freestanding newsracks in that area 
that also is located on the curb side of the 
sidewalk, proceeding from group to group in the 
direction in which vehicular traffic on that side 
of the street moves, until all groups of freestand- 
ing newsracks in that area that are located on 
the curb side of the sidewalk have been sur- 
veyed; 

(iii) Then repeat the process described in 
subsection (i) for each remaining group of free- 
standing newsracks located in that area, proceed- 
ing from group to group in the direction in which 
vehicular traffic on that side of the street moves, 
until all groups of freestanding newsracks in 
that area have been surveyed. 

(24) "Unauthorized fixed pedestal unit" 
means an assembly containing one or more self- 
service or coin-operated boxes, containers, stor- 
age units or other dispensers installed, used or 
maintained for the display and sale or free 
distribution of publications, and which is at- 
tached to the public sidewalk, street or public 
right-of-way in a fixed pedestal zone, which is 
not authorized pursuant to a vendor contract. 

(25) "Vendor" means any individual or en- 
tity that has entered into an agreement with the 
Director, or any agent thereof, to provide, install 
and maintain fixed pedestal units pursuant to 
this section. 



Sec. 184.12. 



San Francisco - Public Works Code 



320 



(26) "Vendor contract" means any agree- 
ment between the Director and a vendor pursu- 
ant subsection 184.12(d)(3). 

(c) SCOPE. The requirements this section 
shall apply to all fixed pedestal units, unautho- 
rized fixed pedestal units, newsrack boxes and 
freestanding newsracks located within fixed ped- 
estal zones designated by the Director in accor- 
dance with subsection 184.12(f) or within fifteen 
feet (15') of any fixed pedestal unit that is located 
in such a zone. To the extent any provision in 
Sections 184 through 184.11 is in conflict or 
inconsistent with this section, it is the Board of 
Supervisors' intention that this section shall 
control in any fixed pedestal zone or within 
fifteen feet (15') of any fixed pedestal unit that is 
located in such a zone. 

(d) GUIDELINES, FEES, AND AUTHOR- 
ITY OF DIRECTOR. 

(1) Promulgation of Guidelines. 

(A) The Director is hereby authorized and 
directed to promptly promulgate guidelines con- 
sistent with the provisions of this section control- 
ling the selection of locations for, as well as the 
placement, size, construction, design, methods of 
attachment, appearance, and maintenance and 
repair of fixed pedestal units and newsrack boxes 
in fixed pedestal zones. The guidelines shall also 
contain procedures for establishing or amending 
fixed pedestal zones, for determining access by 
publications to fixed pedestal units, and for ob- 
taining fixed pedestal permits. The guidelines 
may also set maximum density levels for fixed 
pedestal units in fixed pedestal zones, including 
different levels for commercial and residential 
areas of the City. 

(B) In promulgating guidelines, the Director's 
decisions shall be consistent with the purpose of 
this section, as set forth in subsection 

184.12(a)(5)(A)— (J). 

(C) The guidelines shall be adopted by way 
of a Department of Public Works order signed by 
the Director after giving due consideration to the 
recommendations of the Newsrack Advisory Com- 
mittee. The provisions of this section governing 
fixed pedestal units, access to fixed pedestal 
units by publications, £md prohibiting freestand- 



ing newsracks and unauthorized fixed pedestal 
units in fixed pedestal zones shall not be imple- 
mented or enforced until the guidelines specified 
in this paragraph are in effect and notice of the 
effective date has been published in the City's 
official newspaper. 

(2) Procedures or Adopting or Amend- 
ing Guidelines. Prior to adopting or amending 
the guidelines the Director shall publish notice 
in the City's official newspaper of the Director's 
intent to adopt or amend the guidelines. Copies 
of the proposed or amended guidelines shall be 
made available to the public upon request. 

(3) Authority to Contractor Services. 

The Director is hereby authorized to select and 
enter into an agreement with a vendor or ven- 
dors to provide for the installation and mainte- 
nance of fixed pedestal units in accordance with 
this section. Any such agreement shall include, 
in addition to any other provisions required by 
applicable City laws or by guidelines adopted by 
the Director pursuant to subparagraph (1), the 
following requirements: 

(A) The vendor shall provide for streetwor- 
thy fixed pedestal units, and shall be responsible 
for installing and promptly and effectively main- 
taining the condition and appearance of, and 
repairing and replacing, all fixed pedestal units 
and newsrack boxes subject to the agreement 
(except for responsibilities which are the obliga- 
tion of the permit holder pursuant to subsection 
184.12(i) in accordance with the terms of the 
agreement and the requirements of this section; 

(B) The vendor shall provide a way to dis- 
able and render inoperative any newsrack box 
that is found by the Director to be in violation of 
this section by means such as a locking plate 
over the offending newsrack box. The vendor(s) 
shall agree to disable any such newsrack boxes 
within 24 hours of receiving notice to do so from 
the Director; 

(C) A statement to accordance with Section 
6.63-1 of the San Francisco Administrative Code 
that the vendor has a clear and unequivocal 
understanding that a possessory interest subject 
to taxation may be created by the agreement and 
the vendor shall pay any and all possessory 



321 



Regulation of Newsracks 



Sec. 184.12. 



interest taxes levied upon the vendor's interest 
therein pursuant to an assessment lawfully made 
by the Assessor; 

(D) The vendor shall furnish evidence of 
insurance that is satisfactory to the City Risk 
Manager, and that names the City as an addi- 
tional insured; 

(E) The vendor shall have no authority to 
make determinations concerning where fixed ped- 
estal units will be located, or concerning which 
publications shall have access to a fixed pedestal 
unit; 

(F) Where the Director intends to allow the 
vendor to place advertising on the back of one or 
more fixed pedestal units authorized under this 
section, the agreement shall set forth the require- 
ments applicable to such advertising, including 
the requirements set forth in subsection 
184.12(i)(l)(F); 

(G) The vendor shall provide a reasonable 
opportunity for paid publications to elect to have 
the vendor assume responsibility for repair, main- 
tenance, or replacement of coin mechanisms and 
related parts of newsrack boxes that those paid 
publications occupy, and to subsequently revoke 
such an election; 

(H) The vendor shall specify reasonable con- 
ditions under which publications shall have the 
right to repair, maintain, replace or otherwise 
engage in self-help as to specific components of 
newsrack boxes they occupy, and to obtain reim- 
bursement for certain repair, maintenance, or 
replacement; 

(I) The vendor shall provide for installation 
of reasonable security features to protect the 
integrity of the fixed pedestal units, including 
any coin mechanisms and associated hardware; 

(J) The vendor shall allow paid publica- 
tions, at their own cost, to change the coin 
mechanism in newsrack boxes they occupy, sub- 
ject to reasonable notice and procedures, to adapt 
to changing technology and advances; 

(K) The vendor shall maintain and display 
a "hotline" telephone number on the fixed pedes- 
tal units authorized by the vendor contract; 



(L) The vendor shall reasonably retain in- 
formation as to complaints concerning and re- 
pairs to each newsrack box in each fixed pedestal 
unit authorized by the vendor contract and make 
such information available, reasonably promptly, 
to the publication occupying each such newsrack 
box and to the Director; 

(M) The vendor shall provide a way to split 
newsrack boxes into two separate distribution 
areas for the distribution of publications that are 
distributed free of charge; and 

(N) The vendor shall be responsible for the 
installation, repair and replacement of price plates, 
if any, including installation, repair and replace- 
ment necessitated by a change in the price of a 
pubhcation. 

(O) The current provisions of the "First 
Amended and Restated Pedestal-Mounted News- 
rack Agreement By and Between the City and 
County of San Francisco and Clear Channel 
Adshel, Inc." satisfy the current requirements of 
this section concerning vendor contracts, as of 
the date of the City's approval and authorization 
of said agreement, including the requirements 
hsted at Section 184.12(d)(3)(A)— (N), above. In 
the event of any disagreement, interpretive is- 
sue, ambiguity, or silence in respect to the tens of 
this section and said agreement, said agreement, 
except as to any amendment, modification or 
supplement to either or both the agreement or 
this section, shall control the rights and obliga- 
tions of the Vendor under said agreement, whose 
fulfillment of the current provisions of said agree- 
ment shall constitute compliance with this sec- 
tion. 

(4) Content-Based Discrimination Pro- 
hibited. The Director shall not consider the 
content or viewpoint of the material to be distrib- 
uted through fixed pedestal units in administer- 
ing or enforcing this section, or in adopting or 
implementing guidelines pursuant to this sec- 
tion. Nothing in this paragraph shall be con- 
strued as limiting the authority of the Director to 
require blinder racks for adult-oriented publica- 
tions in accordance with subsection 184.12(i). 



Supp. No. 7, April 2007 



Sec. 184.12. 



San Francisco - Public Works Code 



322 



(5) Newsrack Advisory Committee. The 

Director is hereby authorized and directed to 
estabhsh a Newsrack Advisory Committee con- 
sisting of 11 members. The Newsrack Program 
Manager of the Department of Pubhc Works 
shall be a voting member, and shall chair the 
Committee. The Director shall appoint to the 
Committee persons drawn from, or having exper- 
tise in, the newspaper, news and/or commercial 
periodical, and distributing industries in the 
City, and/or drawn from neighborhood and mer- 
chant groups, and other interested members of 
the public. The number of Committee members 
who are representatives of publishers and/or 
distributors shall equal the number of Commit- 
tee members who are representatives of neigh- 
borhood and/or merchant groups. The Director 
shall endeavor to include on the Committee 
representatives paid and unpaid publications 
and of more and less frequently published pub- 
lications. The Committee shall advise the Direc- 
tor in the implementation and administration of 
this section; resolve disputes concerning the lo- 
cations of fixed pedestal units, to the extent 
consistent with this section and the guidelines; 
and minimize the cost to the City of the imple- 
mentation and administration of this section. No 
vendor or agent or employee of a vendor may 
serve on the Committee. Committee members 
shall serve at the pleasure of the Director for a 
term of one year, and may be reappointed to 
additional terms. The Committee shall hold regu- 
larly scheduled meetings, with notice posted in 
the City's official newspaper. 

(6) Fees. 

(A) The Director is hereby authorized and 
directed to establish and collect an annual per- 
mit fee to be paid by each permit holder. This fee 
is initially established at $30 or each newsrack 
box, including each split newsrack box. The 
Director has determined that this fee is not 
expected to generate proceeds in excess of the 
costs Emticipated to be incurred in implementing 
this section during the first year that this section 
is in effect. In future years, the anticipated 
annual revenue from this fee shall not exceed the 
actual costs incurred by the Director for imple- 
mentation, administration and enforcement of 



the program during the preceding twelve (12) 
months. The fee shall only be used to cover such 
costs, and not as a revenue-generating source for 
the City. The fee adopted pursuant to this provi- 
sion shall be uniformly imposed upon all permit 
holders based upon the number of newsrack 
boxes authorized for each permit holder. The fee 
shall not exceed the pro-rata share allocated to 
each newsrack box of the actual costs incurred in 
implementing, administering, and enforcing the 
program established under this section. 

(B) The fee shall be reviewed annually by 
the Director, who shall propose to the Board of 
Supervisors any recommended adjustments, along 
with written justification for the adjustment and 
any necessary legislation. In any year where the 
Director anticipates that the revenue from fees 
will exceed the estimated administrative costs, 
less penalties, during that year, the Director 
shall recommend an adjustment reducing the 
fee. Where the proceeds from the fee are less 
than the estimated costs of program administra- 
tion, less penalties, the Director may recommend 
an adjustment. In proposing adjustments, the 
Director shall take into account the anticipated 
penalties and other charges to be collected from 
violators during the forthcoming year. These 
proceeds shall be used to offset program admin- 
istration and enforcement costs that would oth- 
erwise be defrayed by fees imposed during the 
forthcoming year so that the fees, including any 
surplus from the prior year, do not exceed the 
projected actual costs of administering the pro- 
gram. For any year in which the fee proceeds 
exceed actual administration, inspection and 
abatement expenses, such surplus shall be taken 
into account in fixing the fee for the subsequent 
year. 

(e) PERMIT REQUIREMENT. 

(1) Fixed Pedestal Permit. Permits are nec- 
essary to facilitate the regulation and inspection 
of newsrack boxes for the purposes set forth in 
this section. Except where this section or the 
guidelines expressly provide otherwise, no per- 
son may place any publication in any newsrack 
box in a fixed pedestal unit on a public sidewalk, 
street or public right-of-way in a fixed pedestal 



Supp. No. 7, April 2007 



323 



Regulation of Newsracks 



Sec. 184.12. 



zone for the purpose of sale or distribution with- 
out having first obtained from the Director a 
fixed pedestal permit authorizing placement of 
the publication in that newsrack box. 

(2) Duty to Obtain Permit. Except where 
this section or the guidelines expressly provide 
otherwise, each publication seeking access to a 
newsrack box or boxes in a fixed pedestal unit or 
cluster of fixed pedestal units shall apply to the 
City or a fixed pedestal permit for each newsrack 
box in each fixed pedestal unit to which the 
publication seeks access. The permit holder shall 
be responsible for the payment of all fees or 
penalties due or imposed udder this section with 
respect to that permit holder's newsrack box(es). 
Once a permit has been granted pursuant to this 
section and the requirements of the guidelines, 
and if the permit has not subsequently been 
revoked, the permit holder shall not be required 
to renew or reapply for another fixed pedestal 
permit for the same newsrack box. 

(3) Application. Application for a fixed ped- 
estal permit shall be made in writing on a form 
and in a manner provided by the City and filed 
with the Director or by other medium approved 
by the Director. The application package shall 
inform the applicant of the requirements of this 
section and the guidelines promulgated under 
this section. 

(4) Permit Issuance. 

(A) The Director shall grant or deny a prop- 
erly completed and timely application for a fixed 
pedestal permit from a publication, or from the 
agent for a publication, accompanied by written 
authorization from the publication, as specified 
in the guidelines, within fifteen (15) business 
days of the Director's receipt of the application. 
However, if the Director has not completed the 
application of the space allocation procedures set 
forth in subsection 184.12(h) and the guidelines, 
the Director shall have an additional five (5) 
business days to grant or deny the application. 

(B) The Director shall issue the fixed ped- 
estal permit unless the Director finds one or 
more of the following grounds for denial to exist, 
in which case the Director shall deny the appli- 
cation for a permit. The grounds for denial of an 



application for a fixed pedestal permit are: (i) the 
application is incomplete; (ii) the application was 
not submitted on time; (iii) space in the news- 
rack box that is the subject of the application is 
not available after application of the space allo- 
cation procedures set forth in subsection 184. 12(h) 
and the guidelines; or (iv) the publication that 
applied for the permit has failed to pay any 
outstanding administrative penalties levied 
against it pursuant to subsection 184.12(k)(l)(A). 
If an application is denied, the Director shall 
notify the applicant promptly in writing, explain- 
ing the reasons for the denial, and citing the 
relevant portions of this subsection and the guide- 
lines. 

(5) Violations. Failure to comply with any 
requirement of this section, or any requirement 
of the guidelines authorized by this section, shall 
constitute a violation of this section. Any such 
violation may be cause for removal of the offend- 
ing freestanding newsrack or unauthorized fixed 
pedestal unit, or disabling of the offending news- 
rack box pursuant to subsection 184.12(j), and 
for the imposition of administrative penalties 
pursuant to subsection 184.12(k). 

(6) Permit Revocation. 

(A) The Board of Supervisors specifically 
determines that any fixed pedestal permit issued 
pursuant to this section confers a non-transfer- 
able, revocable privilege upon the permit holder. 
Where one or more of the grounds for revocation 
specified in subparagraph (B) exist, the Director 
shall promptly initiate such revocation in order 
to ensure that space in the fixed pedestal unit is 
made available to another publication that will 
lawfully use it, including publications that did 
not receive such space during initial implemen- 
tation in the fixed pedestal zone in which the 
fixed pedestal unit in question is located. Any 
such permit may be revoked by the Director 
fifteen (15) business days after the Director 
provides written notice to the permit holder that 
one or more of the grounds for revocation speci- 
fied in subparagraph (B) exist, if the permit 
holder does not correct all of the violations on or 
before the close of the fifteenth (15th) business 
day If the permit is revoked, the Director shall 



Supp. No. 7, April 2007 



Sec. 184.12. 



San Francisco - Public Works Code 



324 



notify the permit holder promptly in writing, 
explaining the reasons or the revocation, and 
citing the relevant portions of this subsection 
and the guidelines. 

(B) The grounds for revocation of a fixed 
pedestal permit are: (i) the permit holder did not 
submit the required permit fee, as specified in 
the guidelines, within ten (10) business days of 
the Director's approval of the voluntary space 
allocation agreement or of the space allocation 
meeting at which the permit holder was allo- 
cated the newsrack box that is the subject of the 
permit; (ii) the permit holder did not submit the 
required annual fee on time; (iii) the newsrack 
box that is the subject of the permit has been 
vacated pursuant to subsection 184.12(j)(3)(D); 
(iv) the newsrack box that is the subject of the 
permit has been abandoned pursuant to subsec- 
tion 184.12(b)(1); or (v) the Director's decision to 
grant the permit was successfully challenged by 
a person aggrieved by the determination pursu- 
ant to subsection 184.12(m) and the guidelines. 
In addition, the Boau'd of Supervisors may at any 
time in its exclusive legislative discretion elect to 
repeal or amend this section and thereby render 
null and void any permits issued pursuant this 
section. 

(f) ESTABLISHMENT OF FIXED PED- 
ESTAL ZONES. 

(1) Fixed Pedestal Units Restricted. No 

person shall place, operate or maintain a fixed 
pedestal unit on any public street, public side- 
walk or public right-of-way located in a fixed 
pedestal zone except in accordance with a vendor 
contract. Any unauthorized fixed pedestal unit 
which in whole or in part is attached to or rests 
upon a public street, public sidewalk or public 
right-of-way located in a fixed pedestal zone 
shall be subject to impoundment pursuant to 
subsection 184.12(j). The owner of any unautho- 
rized fixed pedestal unit properly impounded by 
the Director under subsection 184.12(j) shall be 
responsible for restoring the sidewalk to its origi- 
nal condition by replacing the concrete or other 
material in accordance with Section 703.2 of the 
Public Works Code. 



(2) Freestanding Newsracks Prohib- 
ited. No person shall place, operate or maintain 
a freestanding newsrack on any public street, 
public sidewalk or public right-of-way located in 
fixed pedestal zone, or located within fifteen feet 
(15') of any fixed pedestal unit that is located in 
a fixed pedestal zone. Any freestanding news- 
rack which in whole or in part or rests upon a 
public street, sidewalk or right-of-way located in 
a fixed pedestal zone, or located within fifteen 
feet (15') of any fixed pedestal unit that is located 
in a fixed pedestal zone, shall be subject to 
impoundment pursuant to subsection 184.12(j). 

(3) Fixed Pedestal Zones. 

(A) The Director is authorized to establish 
one or more fixed pedestal zones within the City 
subject to the following requirements: 

(i) The Director shall determine the loca- 
tion of fixed pedestal zones in compliance with, 
and consistent with the purpose and intent of, 
this section and the guidelines. Subject to sub- 
section 184.12(f)(3)(A)(iii), such zones generally 
shall be established only in areas of the City 
which have one or more of the following: exten- 
sive public transit service, usage, and/or facili- 
ties; large concentrations of freestanding news- 
racks; or large numbers of pedestrians. 

(ii) The Director shall not establish a fixed 
pedestal zone in any area of the City unless, 
within the immediately preceding twenty-four 
(24) months, the Director has completed a survey 
of that area and made that survey publicly 
available reasonably promptly upon its comple- 
tion, and no later than the establishment of the 
fixed pedestal zone. Each such survey shall be 
completed reasonably promptly after it is begun. 

(iii) Where a fixed pedestal zone would not 
otherwise contain sufficient space to install fixed 
pedestal units sufficient to accommodate those 
publications which the survey shows to be his- 
torically present in that zone, in accordance with 
this section and the guidelines, the Director 
shall establish or amend the zone to include 
adjoining portions of intersecting side streets, or 
adjacent portions of the street on which the zone 
was established (including where the zone was 
established only on one side of a street, portions 



Supp. No. 7, April 2007 



324.1 Regulation of Newsracks Sec. 184.12. 



of the other side of that street), as necessary to 
increase the space available in the zone for fixed 
pedestal units to accommodate such publica- 
tions, if reasonably possible. 

(iv) Except as this section or the guidelines 
provide otherwise, the Director shall establish 
fixed pedestal zones following consultation with 



Supp. No. 7, April 2007 



[INTENTIONALLY LEFT BLANK] 



Supp. No. 7, April 2007 



325 



Regulation of Newsracks 



Sec. 184.12. 



the Newsrack Advisory Committee. Each zone 
shall be deemed established as of the date the 
Director publishes notice of the zone's location in 
the City's official newspaper following such con- 
sultation. 

(B) Subject to the requirements of this sec- 
tion, the guidelines, and any vendor contract, 
initial implementation of this section within each 
fixed pedestal zone shall begin promptly after 
the Director establishes that zone. All aspects of 
initial implementation that require information 
contained in a survey, including the selection of 
fixed pedestal unit locations or the initial alloca- 
tion of space in fixed pedestal units to histori- 
cally present publications, shall only occur on 
the basis of a survey that was completed no more 
than twenty-four (24) months earlier. 

(C) Not later than twelve (12) months after 
the Director first implements this section pursu- 
ant to subsection 184.12(1), and at least once 
every two (2) years thereafter, the Director shall 
issue a report in writing to the Board of Super- 
visors. This report shall address the implemen- 
tation of this section, inform the Board of the 
effectiveness of the existing Fixed Pedestal Zones, 
and make any recommendations and include 
proposed legislation regarding changes that the 
Director believes are necessary, including, with- 
out limitation, any changes believed necessary to 
ensure that publications that did not receive 
space in fixed pedestal units in initial implemen- 
tation are subsequently able to receive such 
space. 

(g) LOCATIONS AND PLACEMENT OF 
FIXED PEDESTAL UNITS. 

(1) General. 

(A) All fixed pedestal units within a desig- 
nated fixed pedestal zone shall be of a design 
designated by the Director and approved by the 
Art Commission pursuant to its authority under 
City Charter Section 5.103. The Director shall 
consider the factors set forth in subsection 
184.12(a)(5) in selecting designs for fixed pedes- 
tal units. 

(B) The Director shall monitor the installa- 
tion and maintenance of fixed pedestal units and 
newsrack boxes in fixed pedestal zones. 



(2) Selection of Fixed Pedestal Unit Lo- 
cations. 

(A) Initial Units. During initial implemen- 
tation in each fixed pedestal zone, the locations 
of fixed pedestal units in that zone shall be 
selected, so that to the extent reasonably pos- 
sible and in compliance with this section and the 
guidelines, (i) publications that are historically 
present at comer areas (as defined in Section 
184.12(b)(10)) may receive space in fixed pedes- 
tal units located in that zone as close as reason- 
ably possible to, and no more than seven feet (7') 
from, the curb comer, excluding space taken up 
by intervening street furniture; (ii) publications 
that are historically present at midblock areas 
(as defined in Section 184.12(b)(10)) may receive 
space in fixed pedestal units in that zone located 
as close as possible to the midblock locations of 
their former freestanding newsracks; and (iii) 
the number of newsrack boxes at each fixed 
pedestal unit location equals the number of free- 
standing newsracks historically present at each 
such location. Notwithstanding the foregoing sen- 
tence, initial implementation, including the se- 
lection (fixed pedestal unit locations, in a fixed 
pedestal zone may occur even if the objectives 
stated subsections (i),(ii), and/or (iii) of the fore- 
going sentence cannot be wholly achieved, in 
which case those objectives will be achieved to 
the extent reasonably possible consistent with 
this section and the guidelines. Fixed pedestal 
unit locations shall be selected in accordance 
with the requirements of the guidelines and with 
the following requirements: 

(i) Each publication shall have a reasonable 
opportunity to submit a proposal (a "plan") to the 
Director proposing fixed pedestal units at loca- 
tions situated pursuant to Section 184.12(g)(2)(A), 
at which the publication is historically present 
within the fixed pedestal zone, according to the 
survey. If at least three-quarters (^/4) of the 
publications that are historically present at a 
location in the survey do not collectively submit 
a single plan concerning that location, the Direc- 
tor may select a location or locations for fixed 
pedestal units to replace the freestanding news- 
racks at that location in accordance with Section 



Sec. 184.12. 



San Francisco - Public Works Code 



326 



184.12(g)(2)(A). Any plan submitted by any pub- 
lication(s) may include one or more proposed 
locations. 

(ii) The Director may amend or reject all or 
part of a plan submitted by at least three- 
quarters (3/4) of the publications that are histori- 
cally present at a particular survey location only 
if the plan fails to comply with this Section and 
the guidelines. If the Director amends or rejects 
all or part of such a plan, he shall explain the 
basis for the amendment or rejection in writing, 
citing the portions of this Section and/or the 
guidelines upon which he relies, and shall afford 
those publications a reasonable opportunity to 
revise their plan to address the grounds for such 
amendment or rejection. If those publications do 
not do so, the Director may determine the loca- 
tions of fixed pedestal units as to which he 
amended or rejected the publishers' plan pro- 
vided such determination is in compliance with 
this Section and the guidelines. 

(iii) If at least three-quarters (^A) of the 
publications that are historically present at a 
particular survey location revise their plan to 
address the grounds for the Director's amend- 
ment or rejection thereof within a reasonable 
time, and those publications and the Director 
cannot agree on locations for fixed pedestal units 
in the zone following such revisions, the loca- 
tions in dispute may be resolved by the News- 
rack Advisory Committee in accordance with all 
requirements of this section, the guidelines, and 
the vendor contract, if and only if the Director 
receives a request for such Newsrack Advisory 
Committee review submitted by at least three- 
quarters (3/4) of the publications that are histori- 
cally present at the survey location in dispute. 
The Committee's determination (or, if the Com- 
mittee fails to promptly decide, the Director's 
most recent determination) shall constitute the 
City's final administrative determination. Any 
party may bring a court reporter to any such 
Committee meeting and record a transcript of 
the meeting. 

(B) Petition Units. After initial implemen- 
tation within a fixed pedestal zone has been 
completed, any publication may submit a peti- 



tion to the Director requesting the installation of 
an additional fixed pedestal unit be installed at a 
location specified in the petition. Other inter- 
ested publications may submit a proposal for the 
location of the petition unit to the Director. If the 
Director receives a proposal for the location of 
the petition unit from at least three-quarters {^U) 
of the interested publications (including the pe- 
titioner) that complies with this section and the 
guidelines, the location set forth in such proposal 
shall be the proposed location or purposes of 
locating the petition unit. If the Director does not 
receive such a proposal, the location proposed in 
the petition shall be the proposed location for 
purposes of locating the petition unit. The loca- 
tion of each petition unit shall be determined in 
accordance with procedures contained in the 
guidelines. If the location as thereby determined 
is consistent with the requirements of this sec- 
tion and the guidelines, the Director shall autho- 
rize the installation of the fixed pedestal unit at 
the specified location. The Director shall deny 
any petition under this paragraph that would 
violate the maximum density levels set forth in 
the guidelines, or that would cause the total 
number of fixed pedestal units to exceed the 
number of fixed pedestal units available under 
any vendor contract. However, the Director shall 
not deny any petition that complies with Section 
184.12 and the guidelines on the ground that one 
or more fixed pedestal units are being held in 
reserve. 

(C) Relocated Units. In the event that the 
vendor initiates relocation of any fixed pedestal 
unit due to excessive repair costs pursuant to the 
vendor contract, the Director shall promptly se- 
lect the location to which the unit shall be 
relocated and reconfigure the fixed pedestal zone 
to exclude the area from which the fixed pedestal 
unit is being relocated, as set forth in the guide- 
lines. The Director shall maintain a list of poten- 
tial locations for such purpose. 

(D) Reserve Units. To accommodate the 
installation of additional fixed pedestal units 
after initial implementation, and to respond to 
changing conditions and publications that may 
seek distribution space in fixed pedestal units in 
the future, the Director shall implement this 



327 



Regulation of Newsracks 



Sec. 184.12. 



• 



section in a manner that maintains some of the 
fixed pedestal units authorized under a vendor 
contract in reserve. Such reserve shall be numer- 
ous enough to allow the maximum number of 
fixed pedestal units that can be installed in 
existing fixed pedestal zones in compliance with 
this section and the guidelines, to be installed in 
those zones. No request, petition, or plan for a 
fixed pedestal unit that complies with this Sec- 
tion and the guidelines shall be denied on the 
ground that one or more fixed pedestal units are 
being held in reserve. 

(h) ALLOCATION OF SPACE WITHIN 
FIXED PEDESTAL UNITS. 

(1) General. 

(A) Except as this section or the guidelines 
expressly provide otherwise, no publication that 
has obtained a space in a fixed pedestal unit or 
cluster of fixed pedestal units may receive a 
second space in that unit or cluster until all 
other publications that have applied for space in 
that unit or cluster of units have had the oppor- 
tunity to select a space. 

(B) Notwithstanding any other provision in 
this Section, (i) no publication may receive more 
than one newsrack box per fixed pedestal unit or 
cluster of fixed pedestal units on the basis of 
historical presence, and (ii) a publication's use of 
more than one freestanding newsrack at a par- 
ticular area prior to initial implementation shall 
not be a ground for that publication to receive 
more than one newsrack box on the basis of 
historical presence. 

(2) Initial Implementation. During ini- 
tial implementation throughout a fixed pedestal 
zone, space in each fixed pedestal unit or cluster 
of fixed pedestal units in that zone shall be 
allocated as follows: 

(A) If possible, publications that have ap- 
plied for space in such a unit or cluster shall 
agree unanimously among themselves with re- 
spect to allocation of space in the fixed pedestal 
umt(s). 



(B) Absent such agreement, the Director 
shall allocate space in the unit or cluster among 
publications that have applied for such space as 
follows: 

(i) First priority shall be given to publica- 
tions that were historically present in the area 
(as defined in Section 184.12(b)(10)) in which 
were located the freestanding newsracks that 
the fixed pedestal unit or cluster of fixed pedes- 
tal units is intended to replace. 

(ii) Second priority, in the case of fixed ped- 
estal units) that are located at a comer area (as 
defined in Section 184.12(b)(10)), shall be given 
to those publications that were historically present 
in the immediately adjacent midblock area. Sec- 
ond priority, in the case of fixed pedestal unit(s) 
that are located at a midblock area (as defined in 
Section 184.12(b)(10)), shall be given to those 
publications that were historically present in the 
immediately adjacent corner area. 

(iii) Third, priority shall be given to all 
other publications that have applied for space in 
the fixed pedestal unit or cluster of fixed pedes- 
tal unit, including, subject to Section 
184.12(h)(1)(a) publications that were histori- 
cally present at that area or an immediately 
adjacent midblock area but have already re- 
ceived one newsrack box in that unit or cluster 
on the basis of such historical presence. 

(iv) The Director shall implement this allo- 
cation scheme as to fixed pedestal units located 
at comer areas before doing so at immediately 
adjacent midblock areas. In implementing this 
allocation scheme as to each fixed pedestal unit 
or cluster of fixed pedestal units, the Director 
shall conduct a meeting at which each publica- 
tion in each category, beginning with category (i), 
historically present publications, may select a 
newsrack box in a given fixed pedestal unit or 
cluster until all newsrack boxes have been se- 
lected. If any newsrack boxes remain unselected 
after each publication in category (i) that so 
desires has chosen a newsrack box in that fixed 
pedestal unit or cluster, each publication in cat- 
egory (ii) shall select a newsrack box until all 
newsrack boxes have been selected or each pub- 
lication in category (ii) that so desires has chosen 



Sec. 184.12. 



San Francisco - Public Works Code 



328 



a newsrack box in that fixed pedestal unit or 
cluster, and so forth through category (iii). The 
publications in each category may agree among 
themselves as to the order they will follow in 
selecting newsrack boxes; if they are unable to 
agree, publications in categories (i) and (ii) shall 
select according to survey order, and publica- 
tions in category (iii) shall select according to 
such order as the Director determines by lots. 

(3) Petition Units. Space in each petition 
unit shall be allocated as follows: 

(A) If possible, publications seeking space 
in a petition unit shall agree unanimously among 
themselves with respect to the allocation of space 
in the unit. 

(B) Absent such agreement, the Director 
shall allocate space in the unit as follows: 

(i) First priority shall be given to each pub- 
lication that was historically present in the zone, 
according to the most recently completed survey 
of that zone, and that, during initial implemen- 
tation in that zone, sought but did not receive the 
maximum niunber of newsrack boxes that could 
be allocated to it on the basis of historical pres- 
ence, in accordance with this section and the 
guidelines. 

(a) To receive first priority, each such pub- 
lication, within twelve (12) months before the 
Director received the petition, must have been 
distributed from a freestanding newsrack that, 
according to the most recently completed survey 
of that zone, was located on the same block face 
as, or a block face that immediately adjoins and 
is on the same street and same side of the street 
as, the block face on which the petition unit will 
be located, and that has not previously been used 
successfully as a basis for first priority in space 
allocation in any petition unit. 

(b) Within the group of publications de- 
scribed in subsection 184.12(h)(3)(B)(i), publica- 
tions shall select space in the petition unit based 
on frequency of publication, with all publications 
published at least once per week choosing first, 
followed by all publications published less often 
than once per week but more often than once per 
month, followed by all publications published 
once per month or less frequently. Within each 



such frequency category, publications shall select 
space in the petition unit in any mutually agreed 
upon order, or, absent such agreement, in an 
order determined by lots. 

(ii) Second priority shall be given to all 
other publications that have applied for space in 
the petition unit. 

(a) The order it which such publications 
shall select space in the petition unit shall be 
determined according to Section 

184.12(h)(3)(B)(i)(b). 

(b) Notwithstanding subsection (a), above, 
if any such publication already occupies at least 
one newsrack box in a fixed pedestal unit located 
either on the same block face as the petition unit 
("the petition block face"), the block face(s) im- 
mediately across the street from the petition 
block face, or either of the two block faces that 
immediately adjoin and are on the same street 
and same side of the street as the petition block 
face, that publication shall not select space in the 
petition unit until all other publications that 
have applied for space in the petition unit have 
received at least one such space. 

(4) Abandoned Newsrack Boxes. When 
a newsrack box in an already installed fixed 
pedestal unit has been abandoned or otherwise 
becomes available for reallocation, space in that 
newsrack box shall be allocated in the same 
manner as space in a petition unit, provided 
that: 

(A) Such a newsrack box may not be re- 
allocated to the publication that occupied it im- 
mediately before such re-allocation, unless no 
other publication seeks space in that newsrack 
box; and 

(B) The twelve (12) month period within 
which a historically present publication must 
have used a freestanding newsrack in order to 
obtain first priority in such allocation shall con- 
sist of the twelve (12) months before the news- 
rack box became available for re-allocation. 

(5) Relocated Fixed Pedestal Units. Space 
in a fixed pedestal unit that has been relocated 
due to excessive repair costs pursuant to s ven- 
dor contract shall be allocated in the same man- 
ner as space in a petition unit, provided that the 



329 



Regulation of Newsracks 



Sec. 184.12. 



twelve (12) month period within which a histori- 
cally present publication must have used a free- 
standing newsrack in order to obtain first prior- 
ity in such allocation shall consist of the twelve 
(12) months before the Director selects the loca- 
tion at which the fixed pedestal unit shall be 
installed. 

(6) Split Door Newsrack Boxes. 

(A) Newsrack boxes may be split into two 
separate distribution areas to distribute free 
publications, including those historically present 
free publications that sought but did not receive 
the maximum number of newsrack boxes that 
could be allocated to them on the basis of histori- 
cal presence, in accordance with this section and 
the guidelines. 

(B) Space within split newsrack boxes shall 
be allocated consistent with the guidelines, pro- 
vided that: 

(i) Any free publication may elect to desig- 
nate a newsrack box in which space has been 
assigned to it as a split door newsrack box, so 
long as one-half of the split door newsrack box is 
continuously used to distribute that publication 
("the primary publication"). 

(ii) The other half of the split door newsrack 
box may be used to distribute the primary pub- 
lication, or to distribute any other free publica- 
tion published by publisher of the primary pub- 
lication ("a secondary publication"), regardless of 
the secondary publication's frequency of publica- 
tion or when the secondary publication was first 
published or distributed. 

(iii) The publisher of the primary publica- 
tion may substitute any one of its free publica- 
tions (including the primary publication) for an- 
other as the secondary publication, consistent 
with this section and the guidelines, so long as 
one-half of the split box is continuously used to 
distribute the primary publication. 

(i) STANDARDS FOR DESIGN, MAIN- 
TENANCE AND DISPLAY. The vendor and 
permit holders shall comply with the following 
requirements. Failure to comply with any of 
these requirements shall constitute a violation of 



this section, and shall be grounds for imposition 
of penalties in accordance with subsections 
184.12(j) and 184.12(k). 

(1) Except as this subsection or the guide- 
lines provide otherwise, and subject to Section 
184.12(d)(3)(0) with respect to the current pro- 
visions of the "First Amended and Restated Ped- 
estal-Mounted Newsrack Agreement By and Be- 
tween the City and County of San Francisco and 
Clear Channel Adshel. Inc.," the vendor shall be 
responsible for ensuring that all fixed pedestal 
units and newsrack boxes under its control are in 
compliance with the following requirements: 

(A) Every fixed pedestal unit and newsrack 
box shall be maintained in a neat and clean 
condition and in good repair at all times. The 
vendor shall be responsible for inspecting fixed 
pedestal units and newsrack boxes under its 
control to ensure compliance with this section no 
less than once per day Monday through Friday; 

(B) Every fixed pedestal unit and newsrack 
box shall be constructed, installed and main- 
tained in a safe and secure condition; 

(C) Every fixed pedestal unit and newsrack 
box shall be kept free of graffiti and rust, and 
shall be repaired on a regular basis; 

(D) Fixed pedestal units or newsrack boxes 
that are damaged or defaced shall be replaced, 
repaired or removed within ten (10) business 
days from the date of written notice fi-om the 
Director; 

(E) Except as authorized pursuant to a ven- 
dor contract with respect to advertising panels 
and names and logos of the vendor and/or any 
entities with whom it has contracted for services 
to performance of said contract, no fixed pedestal 
unit or newsrack box shall be used for advertis- 
ing signs or publicity purposes other than for the 
advertising, identification, promotion, display, 
sale or distribution of the newspaper(s) or other 
publication(s) distributed from it; 

(F) Where a vendor is authorized to place 
advertising on fixed pedestal units, the vendor 
shall comply with the following requirements: 

(i) Advertising shall be placed only on the 
back side of fixed pedestal units, and only on 
such units dispensing six or more publications; 



Sec. 184.12. 



San Francisco - Public Works Code 



330 



(ii) Advertising on any individual fixed ped- 
estal unit shall be less than eighteen (18) square 
feet in area; 

(iii) No portion of the advertising shall ex- 
tend above the top edge of the fixed pedestal 
unit; 

(iv) Each fixed pedestal unit containing ad- 
vertising shall have a sign adjacent to such 
advertising that states in t3^eface at least one 
inch high, the following disclaimer: 

ADVERTISING ON THIS NEWSRACK IS 
NOT CONTROLLED BY, AND MAY NOT 
REFLECT THE VIEWS OF, ANY OF THE 
PUBLICATIONS DISTRIBUTED WITHIN. 

(v) The letters comprising the above dis- 
claimer shall be printed in white reflective let- 
tering against a black disclaimer background. 
The disclaimer shall be centered above or below 
any panel containing such advertising. 

(2) The permit holder shall comply with the 
following requirements: 

(A) In any circumstances where the permit 
holder decides to vacate a location, the permit 
holder shall promptly notify the Director and the 
vendor of the intention to vacate the location; 

(B) All coin-operated newsrack boxes shall 
be equipped with a coin-return device that is 
maintained in good repair and working order to 
enable persons to secure full refunds if they are 
unable to receive the publication paid for. In the 
case of coin-operated newsrack boxes, the per- 
mittee shall be responsible, at its own cost, for 
the following, unless it timely elects to have the 
vendor assume such responsibility pursuant to 
the vendor contract: 

(i) For maintenance, repair, and replace- 
ment of all hardware related to the charging or 
coin mechanism or to the security of coins, in- 
cluding all locks and keys; 

(ii) For remedying any problem with the 
functionality of the door of its newsrack box 
where such remedy requires access to any coin 
mechanism panel, or access to or repair of any 
hardware relating to the charging or coin mecha- 
nism: and 



(iii) For any changes to, or replacement or 
resetting of, any mechanism necessary to effect a 
change in the price of a publication distributed 
from the newsrack box. 

(C) Where a vendor contract authorizes any 
publication to perform or to receive reimburse- 
ment from the vendor for any repair, mainte- 
nance, or replacement of any part of a fixed 
pedestal unit, each publication exercising such 
authority shall comply with all conditions or 
restrictions on such authority as may be stated 
in this section, the guidelines, and the vendor 
contract. Except as otherwise provided in the 
vendor contract, each publication shall use only 
vendor-approved parts, cleaning products, and 
methods to perform any repair, maintenance or 
replacement of any part of a fixed pedestal unit 
authorized by that vendor contract. 

(D) Except as otherwise authorized by this 
subsection or the guidelines, and except as au- 
thorized pursuant to a vendor contract with 
respect to advertising panels and names and 
logos of the vendor and/or any entities with 
whom it has contracted for services in perfor- 
mance of said contract, no newsrack box shall be 
used for advertising signs or publicity purposes 
other than for the advertising, display, sale or 
distribution of the newspaper(s) or other publi- 
cation(s) distributed from it. Consistent with the 
guidelines, each publication may display its name 
on a specified area on the front of its newsrack 
boxes, on the side of any fixed pedestal unit in 
which it has received space in a newsrack box, 
and on the back of such units, where the backs of 
such units are not used to display advertising. 

(E) Each newsrack box shall display the 
permit holder's name, street address (Post Office 
Box numbers will not be allowed), and phone 
number. 

(F) Any permit holder distributing publica- 
tions containing on the first or cover page mate- 
rial harmful to minors as defined in Section 313 
of the California Penal Code, such that the 
harmful material is visible in the newsrack box, 
shall equip each newsrack box containing such 
publications with blinder racks so that the lower 
two-thirds (^3) of the first or cover page is not 



331 



Regulation of Newsracks 



Sec. 184.12. 



exposed to view. The permit holder shall be 
responsible for the installation and maintenance 
of the blinder racks. 

(3) The requirements of this subsection are 
not intended to alter the obligation of any ven- 
dor(s) or permit holders to comply, with all other 
applicable laws. Except as expressly stated oth- 
ei'wise, no provision of this section, the guide- 
lines, or any vendor contract, including those 
provisions concerning the repair, maintenance, 
or replacement of any portion of any fixed ped- 
estal unit or newsrack box, is intended to dimin- 
ish any right or remedy that any party may have 
relating to damage to its property. 

(4) To the extent any provision in a vendor 
contract requires any vendor to reimburse any 
publication for the publication's repair, mainte- 
nance, or replacement of any portion of a fixed 
pedestal unit or newsrack box, any publication 
denied reimbursement required under such pro- 
vision may only bring suit against the vendor 
under this section, and only to obtain reimburse- 
ment for such repair, maintenance or replace- 
ment, but not attorneys' fees in such suit. Noth- 
ing contained herein or in the guidelines shall be 
construed to grant any publication contractual 
rights under a vendor contract. 

(5) To the extent any provision in a vendor 
contract authorizes or requires the Director to 
decide any matter concerning a publication's 
authority to repair, maintain, or replace any 
portion of a fixed pedestal unit or newsrack box, 
or to obtain reimbursement from the vendor for 
such repair. Maintenance, or replacement, (i) the 
Director's decision concerning such matter shall 
be the City's final administrative decision, and 
(ii) any delay by the Director in making such 
decision or in otherwise complying with his obli- 
gations under such provision shall not prejudice 
any publication's right to the potential reimburse- 
ment provided by such provision. 

0) ENFORCEMENT; VIOLATIONS; 
HEARINGS. 

( 1 ) Newsracks posing an immediate dan- 
ger to persons, vehicles or property. The 

Director is authorized to remove and impound 
without prior notice any newsrack that poses an 



immediate danger to persons, vehicles or prop- 
erty. Such removal and impoundment shall be in 
accordance with the notice and hearing proce- 
dures set forth below. 

(A) Notice of Violation. Within twenty- 
four (24) hours after such removal, the Director 
shall by telephone notify the permit holder or 
owner of the removal. Within forty-eight (48) 
hours after removal, the Director shall notify the 
owner in writing of the removal and the reasons 
for removal. The notice shall also inform the 
owner of the right to request, either in writing or 
in person, within ten (10) business days of the 
date of the postmark of such written notice, a 
meeting with the Director to determine whether 
such removal was prosper. 

(B) Meeting and Decision. Upon timely 
request, the Director shall provide such a Meet- 
ing by the close of the next business day follow- 
ing receipt of the request, unless the owner 
agrees to a later date. The proceeding shall be 
informal, but oral and written evidence may be 
offered. The Director shall give his or her deci- 
sion in writing to the owner within three (3) 
business days after such meeting. If the Director 
finds that such impoundment was proper, the 
Director shall notify the owner that the im- 
pounded newsrack may be recovered following 
pajmient of a $200.00 administrative penalty 
pursuant to subsection 184.12(k). The owner of 
an unauthorized fixed pedestal unit shall also be 
responsible for restoring the sidewalk to its origi- 
nal condition pursuant to subsection 184.12(f)(1). 
If the Director finds that the impoundment was 
improper and/or that placement of the fixed 
pedestal unit or freestanding newsrack was law- 
ful, the Director shall order the immediate re- 
lease to the owner and reinstallation by the City 
at its expense of the fixed pedestal unit or 
freestanding newsrack without charge. 

(C) Disposal of Impounded Newsracks. 

Unauthorized fixed pedestal units or freestand- 
ing newsracks that are not claimed within thirty 
(30) calendar days of impoundment shall be 
disposed of in a manner determined by the 
Director in accordance with state law. 



Sec. 184.12. 



San Francisco - Public Works Code 



332 



(2) Unauthorized fixed pedestal units 
and any freestanding newsracks. The Direc- 
tor is authorized to remove and impound any 
unauthorized fixed pedestal units and any free- 
standing newsrack located in a Fixed Pedestal 
Zone in accordance with the following proce- 
dures. 

(A) Notice of Violation and Impound- 
ment. The Director shall post a notice of viola- 
tion on the unauthorized fixed pedestal news- 
rack or freestanding newsrack, and shall use all 
reasonable efforts to immediately contact the 
owner of the newsrack or other responsible party 
by facsimile and telephone where this informa- 
tion is contained on the newsrack or is available 
from the Director's records. The notice attached 
to the newsracks, and any written notice trans- 
mitted to the owner, shall also inform the owner 
of the right to request, by facsimile, telephone or 
in person, by the close of business on the first 
business day following the date of the notice of 
violation, a meeting with the Director to deter- 
mine whether the newsrack is in violation of this 
section. If the newsrack has not been removed, 
and the owner has not requested a meeting with 
the Director by the close of the next business day 
following the day that the notice of violation has 
been affixed, the Director may remove and im- 
pound the offending newsrack. Within forty- 
eight (48) hours after removal, the Director shall 
notify the owner in writing of the removal and 
the reasons for removal. If the owner did not 
request a meeting with the Director prior to 
removal of the newsrack, the notice shall also 
inform the owner of the right to request, either in 
writing or in person, within ten (10) business 
days of the date of the postmark of such written 
notice, a meeting with the Director to determine 
whether such removal was proper. 

(B) Meeting and Decision. Upon timely 
request, the Director shall provide such a meet- 
ing by the close of the next business day follow- 
ing receipt of the request, unless the owner 
agrees to a later date. The proceeding shall be 
informal, but oral and written evidence may be 
offered. The Director shall give his or her deci- 
sion in writing to the owner within three (3) 
business days after such meeting. If no meeting 



has been requested, and/or the Director finds 
that the impoundment was proper, the Director 
shall notify the owner that the impounded news- 
rack may be recovered following payment of a 
$200.00 administrative penalty pursuant to sub- 
section 184.12(k). The owner of an unauthorized 
fixed pedestal unit shall also be responsible for 
restoring the sidewalk to its original condition 
pursuant to subsection 184.12(f)(1). If the Direc- 
tor finds that the impoundment was improper 
and/or that placement of the fixed pedestal unit 
or freestanding newsrack was lawful, the Direc- 
tor shall order the immediate release to the 
owner and reinstallation by the City at its ex- 
pense of the fixed pedestal unit or freestanding 
newsrack without charge. 

(C) Disposal of Impounded Newsracks. 

Unauthorized fixed pedestal units or freestand- 
ing newsracks that are not claimed within thirty 
(30) calendar days of impoundment shall be 
disposed of in a manner determined by the 
Director in accordance with state law. 

(3) Other Violations. Any other violation 
of this section, or the guidelines promulgated 
under this section, by a permit holder or owner 
may be cause for disablement of the offending 
newsrack box(es), subject to the notice and hear- 
ing procedures set forth below. 

(A) Notice of Violation. Before a news- 
rack box may be disabled under this subsection, 
the Director shall notify the permit holder or 
owner of the violation. The notice shall be in 
writing and shall state the nature of the viola- 
tion. The notice shall give the permit holder or 
owner ten (10) business days from the date the 
postmark of such written notice to either remedy 
the violation or request a meeting before the 
Director. An additional notice shall be affixed to 
the offending newsrack box. 

(B) Meeting and Decision. Upon timely 
request, the Director shall conduct the meeting 
within three (3) business days of receiving the 
request. The meeting shall be informal, but oral 
and written evidence may be offered. Thereafter, 
the Director shall give his or her decision in 
writing to the owner, permit holder or desig- 
nated agent for notice, within three (3) business 



333 



Regulation of Newsracks 



Sec. 184.12. 



days after the meeting. Any action by the City 
with respect to the alleged violation shall be 
stayed pending the written decision of the Direc- 
tor following the meeting and resolution of any 
other appellate or review process initiated by the 
permit holder. 

(C) Disablement of Newsracks. The Di- 
rector may disable a newsrack box in accordance 
with this subsection, subject to the resolution of 
any appellate or review process initiated by the 
permit holder, following either (1) the written 
decision of the Director upholding the determi- 
nation of a violation; or (2) where the permit 
holder or owner has neither requested a meeting 
nor remedied the violation within the time peri- 
ods set forth above. A newsrack box that has 
been disabled may be recovered by the permit 
holder upon pajmient of a $200.00 administra- 
tive penalty imposed pursuant to subsection 
184.12(k). 

(D) Failure to Pay Penalties. Where the 
permit holder of, other publication authorized to 
occupy, a newsrack box that has been disabled 
fails to pay the administrative penalty specified 
in subparagraph (C) within thirty (30) calendar 
days, the newsrack box shall be considered as 
having been vacated, subject to the resolution of 
any appellate or review process initiated by the 
permit holder. 

(k) ADMINISTRATIVE PENALTIES; 
OTHER REMEDIES. 

(1) Administrative Penalties. 

(A) Any fixed pedestal permit holder, or the 
owner of a freestanding newsrack or unautho- 
rized fixed pedestal unit found to have violated 
any of the provisions of this section pursuant to 
subsection 184.12(j) shall receive a notice of 
violation in accordance with subsection 
184.12(j)(l), 184.12(j)(2) or 184.12CJ)(3). If a news- 
rack is impounded pursuant to section 184.12(j)(l) 
or is found to be in violation of this section 
following expiration of the time periods set forth 
in section 184.12(j)(2) or (j)(3), the permit holder 
or owner shall be subject to an administrative 
penalty of $200.00 per violation. A permit holder 
shall not be issued any additional permits until 
all outstanding administrative penalties levied 



against that permit holder under this subsec- 
tion, afber the expiration of all applicable notice, 
grace, and ciu-e periods, and subject to resolution 
of any appellate or review process initiated by 
the permit holder, have been paid. 

(B) The Director is responsible for charging 
and collecting any penalty or fee assessed pur- 
suant to this subsection. The Director shall no- 
tify in writing the person or publication respon- 
sible for the violation of the cost of the penalty 
and declare that such costs are due and payable 
to the Treasurer of the City and County of San 
Francisco. 

(C) Any person or publication who has been 
assessed administrative penalties may seek ad- 
ministrative review of such penalties and fees by 
filing an appeal with the Director that specifies 
in detail the basis or appeal. Within ten (10) days 
of the receipt of the appeal, unless extended by 
mutual agreement of the affected parties, the 
Director shall cause a hearing to be held before 
an impartial hearing officer. The decision of the 
hearing officer shall be final. 

(2) Deposit of Penalties. Any administra- 
tive penalty received by the Treasurer of the City 
and County of San Francisco in accordance with 
the requirements of this subsection shall be paid 
into the Department of Public Works' Engineer- 
ing and Inspection Fund, and shall be used only 
for the costs of administering and enforcing the 
requirements of this section and the guidelines 
promulgated under this section. 

(3) Permit Suspension. Failure to pay any 
administrative penalties imposed pursuant to 
this subsection, or repeated refusal, following a 
minimum of three (3) written notices within 
thirty (30) days from the Director, to maintain 
newsrack boxes in compliance with this subsec- 
tion and the Director's guidelines shall, after 
notice of the violation, and the expiration of all 
applicable notice, grace, and cure periods, and 
subject to resolution of any appellate or review 
process initiated by the permit holder, be cause 
for suspension of all of the permit holder's fixed 
pedestal permits in the Fixed Pedestal Zoiie 



Sec. 184.12. 



San Francisco - Public Works Code 



334 



containing the subject newsrack box(es) for a 
period not to exceed one hundred eighty (180) 
days. 

(4) Other Remedies. The provisions of this 
section shall not limit any other remedies autho- 
rized by law. 

(1) IMPLEMENTATION AND APPLICA- 
TION TO EXISTING NEWSRACKS. The Di- 
rector is instructed to promptly phase in the 
implementation of this section in consultation 
with the Newsrack Advisory Committee. In or- 
der to accomplish this purpose, the Director is 
authorized to establish implementation areas 
within fixed pedestal zones and to establish 
dates by which all fixed pedestal units in the 
implementation areas shall be in compliance 
with the requirements of this subsection, and by 
which all freestanding newsracks and unautho- 
rized fixed pedestal units shall be removed. The 
deadlines for compliance with this section and 
the Director's guidelines shall be prominently 
posted in the implementation areas not less than 
thirty (30) days prior to the date for initial 
implementation specified in the guidelines. Pub- 
lications shall have ninety (90) days from the 
initial date specified in the guidelines to come 
into compliance with the provisions of this sec- 
tion and the guidelines promulgated under this 
section. Deadlines for compliance with these 
requirements shall be published in the City's 
official newspaper. 

(m) APPEALS. 

(1) (A) Unless otherwise provided herein 
or in the guidelines, any person other than a 
vendor who is aggrieved by and seeks review of a 
determination made by the Director pursuant to 
subsections 184.12(e) — (k), inclusive of this sec- 
tion must file with the Director a written request 
for review of the Director's decision by the News- 
rack Advisory Committee. Such a request must 
be delivered to the Director not more than ten 
(10) business days following the issuance of the 
Director's decision. The Newsrack Advisory Com- 
mittee shall consider the request at its next 
regularly-scheduled meeting, or at a special meet- 
ing held or this purpose before the next regularly- 
scheduled meeting, if the next regularly-sched- 



uled meeting is not going to be held within ten 
(10) business days of the Director's receipt of the 
request, consistent with public meeting law re- 
quirements. At the meeting, the Newsrack Advi- 
sory Committee shall vote either to affirm or 
dissent from the Director's decision. The News- 
rack Advisory Committee's vote shall be pro- 
vided to the Director within two (2) business 
days. The Director shall have three (3) addi- 
tional business days to render a final decision 
affirming or reversing his or her original deter- 
mination. Such decision shall explain the 
Director's determination, including the facts re- 
lied on in the determination, with citations to 
any provisions of this Section and the guidelines 
upon which the Director relies. 

(B) Review by the Newsrack Advisory Com- 
mittee pursuant to subparagraph (A) shall be 
optional, at the election of the person aggrieved 
by the Director's determination. The election of 
such review shall not detract from any right of 
judicial review that may be available under 
applicable law, provided that if the person ag- 
grieved by the Director's determination elects 
review by the Newsrack Advisory Committee, 
then that person waives any claim that the City 
did not provide him, her or it with a prompt 
administrative appeal or prompt judicial review 
during the period the matter is under review 
pursuant to subpeiragraph (A). If the person 
aggrieved by the Director's determination does 
not elect review by the Newsrack Advisory Com- 
mittee, the Director's original determination shall 
constitute the Director's final decision. 

(2) Following a final decision of the Director 
pursuant to subparagraph (1), any person other 
than a vendor who is aggrieved by a determina- 
tion made by the Director granting, denying or 
revoking a permit pursuant to subsection 184.12(e) 
may file an appeal with the Board of Appeals in 
accordance with Part III, Section 8 et seq. of the 
San Francisco Municipal Code. The Board of 
Appeals shall set the hearing on the appeal not 
less than fifteen (15) days after the filing of the 
appeal, shall act on the appeal not more than 
thirty (30) days after such filing, and shall not 
entertain a motion for rehearing. These time 



335 



Regulation of Newsracks 



Sec. 184.12. 



limits may be extended by stipulation of the 
parties or order of the Board on good cause 
shown. 

(3) The Board of Appeals shall determine 
whether the action taken by the Director was 
proper solely based on the provisions of this 
section and the Director's guidelines. If the de- 
termination of the Board differs from that of the 
Director, the Board shall, in a written decision, 
specify wherein there was error in interpretation 
of this section or the guidelines promulgated 
under this section, or abuse of discretion on the 
part of the Director, and shall specify in its 
findings, as part of such written decision, the 
facts relied upon in arriving at its determination. 
The determination of the Board shall be final 
and conclusive. 

(4) Any party to the appeal to the Board of 
Appeals who is aggrieved by the determination 
of the Board may seek judicial review of the 
Board's final decision in the Superior Court of 
California, County of San Francisco, by filing a 
petition for a writ of mandamus under Sections 
1085 and/or 1094.5 of the California Code of Civil 
Procedure, as appropriate. The petition shall be 
heard and decided in accordance with all appli- 
cable statutes and rules, including Section 1094.8 
of the Code of Civil Procedure and San Francisco 
Superior Court Uniform Local Rules of Court, 
Rule 8.16, revised July 1, 1999, both of which 
provide for expedited judicial review of the de- 
nial of a permit for an activity protected by the 
First Amendment. Pursuant to Section 1094.8(c) 
of the Code of Civil Procedure, the City hereby 
designates fixed pedestal permits as eligible for 
expedited judicial review pursuant to Section 
1094.8. 

(n) NOTICE PROCEDURES. 

(1) All notices, consents, demands and other 
communications required or permitted to be given 
under this section shall be effective only if ren- 
dered or given in writing unless otherwise speci- 
fied in this section, and shall be delivered either 
by (i) registered or certified mail; (ii) expedited 
messenger service; (iii) personal delivery to an 
authorized representative; (iv) facsimile; or (v) 
air courier addressed to the party or parties for 



whom intended at the addresses set forth in the 
party's applications or such other address as the 
intended recipient shall have designated in writ- 
ing to the Director from time to time (provided, 
however, notice of change of address or facsimile 
number shall be effective only upon receipt). 

(2) Notice to the City or the Director shall 
be addressed to the address specified for this 
purpose in the guidelines. 

(3) All notices and other communications 
shall be deemed to have been rendered or given 
(i) if sent by registered or certified mail, on the 
date it is officially recorded as delivered to the 
intended recipient by return receipt or equiva- 
lent, and in the absence of such record of deliv- 
ery, the effective date shall be presumed to have 
beefs on the fifth business day after the date 
when it shall have been deposited in the mail; (ii) 
if sent by expedited messenger service, on the 
date it is officially recorded by the messenger 
service carrier as delivered to the intended re- 
cipient; (iii) if personally delivered, upon receipt 
by an authorized representative; (iv) if by fac- 
simile, one (1) hour after its transmission, if such 
time is during the hours of 9:00 a.m. and 5:00 
p.m. in the place of its receipt or, if it is not, on 
the opening of business on the succeeding busi- 
ness day in place of the receipt, subject to having 
in fact been received in legible form; and (v) if 
sent by air courier, one (1) business day after 
delivery to an air courier for overnight expedited 
delivery. 

(o) NATURE OF DIRECTOR'S DUTIES. 

It is the intent of the Board of Supervisors that 
the duties imposed upon the Director of Public 
Works by this section be directory in nature, and 
that as a result, the Director's failure to comply 
with a particulsir procedural step shall not in- 
validate any subsequent action by the Director to 
which the procedural requirement relates. 

(p) LIMITATION OF LIABILITY. By 

adopting this section, the City and County of San 
Francisco is assuming an undertaking only to 
promote the general welfare. It is not assuming, 
nor is it imposing on its officers and employees, 
an obligation for breach of which it is liable in 
money damages to any person who claims that 



Supp. No. 7, April 2007 



Sec. 184.12. San Francisco - Public Works Code 336 

such breach proximately caused injury. This sub- 
section shall not affect any rights that may be 
available under a vendor contract and shall not 
create any such rights. 

(q) SEVERABILITY. If any provision, sub- 
division, paragraph, phrase or clause of this 
section or the application of this section is for 
any reason held to be invalid or unconstitutional 
by a court of competent jurisdiction, such deci- 
sion shall not affect the validity or effectiveness 
of the remaining portions of this section. The 
Board of Supervisors declares that it would have 
passed each section, paragraph, sentence, clause 
or phrase of this section irrespective of the fact 
that any portion of this section could be declared 
unconstitutional, invalid or ineffective. This sub- 
section shall not affect the terms of any vendor 
contract or the rights or obligations of any party 
to such a contract under such a contract. (Added 
by Ord. 75-02, File No. 020465, App. 5/17/2002) 
(Former Sec. 184.12 added by Ord. 190-98, App. 
6/12/98; amended by Ord. 234-99, File No. 991317, 
App. 8/23/99; repealed by Ord. 75-02; Ord. 100- 
07, File No. 070264, App. 5/4/2007) 



[The next page is 375] Supp. No. 7, April 2007 



ARTICLE 5.5: DISTRIBUTION OF FREE SAMPLE MERCHANDISE 

ON PUBLIC PROPERTY 



Sec. 184.50. Authority to Issue Permits. 

Sec. 184.51. Permit Requirement. 

Sec. 184.52. Permit: Application, Fee, Term. 

Sec. 184.53. Performance Bond and Waiver 

Provision. 

Sec. 184.54. Violation and Misdemeanor. 

Sec. 184.55. Denial of Permit. 

SEC. 184.50. AUTHORITY TO ISSUE 
PERMITS. 

The Director of Public Works or his designee 
is hereby authorized and empowered to issue 
permits for the distribution of free merchandise 
or free sample goods for the purpose of advertis- 
ing any merchandise, commodity, property, trade, 
business, service, art or skill, on any street, 
sidewalk or public right-of-way in the City and 
County of San Francisco. In determining the 
issuance of such permits, the Director of Public 
Works or his designee shall consider the conve- 
nience and necessity of pedestrians, property 
owners, occupants, tenants or of offices, stores or 
shops in the vicinity, the dimensions of the public 
property area, location of nearby fire hydrants 
and similar factors. (Added by Ord. 497-85, App. 
11/15/85) 

SEC. 184.51. PERMIT REQUIREMENT. 

It shall be unlawful for any person, firm, 
association or corporation, directly or indirectly, 
upon any street, sidewalk or public right-of-way 
in the City and County of San Francisco to cast, 
throw, deposit, place, post, affix, circulate or 
distribute, or to cause to be so cast, thrown, 
deposited, placed, posted, affixed, circulated or 
distributed any free merchandise or free sample 
goods for the purpose of advertising any mer- 
chandise, commodity, property, trade, business, 
service, art or skill, without first having obtained 
a permit therefor from the Director of Public 
Works or his designee. (Added by Ord. 497-85, 
App. 11/15/85) 



SEC. 184.52. PERMIT: APPLICATION, 
FEE, TERM. 

(a) Permit Application. Application to the 
Director of Public Works for a permit to distrib- 
ute free merchandise or free sample goods as 
herein provided shall be made on a form pro- 
vided by the Department of Public Works and 
shall contain the following information: 

(1) The name and address of the applicant; 

(2) The name or names of the applicant's 
employees or agents who will distribute the free 
merchandise or free sample goods; 

(3) The location or locations where the ap- 
plicant or his employees or agents will distribute 
the free merchandise or free sample goods; 

(4) The date or dates upon which the appli- 
cant or his employees or agents will distribute 
the free merchandise or free sample goods; 

(5) The hour or hours during which the 
applicant or his employees or agents will distrib- 
ute the free merchandise or free sample goods. 

(b) Permit Fee. Each application for a per- 
mit pursuant to this Article must be accompa- 
nied by a check or money order in the amount of 
$100 per day payable to the Department of 
Public Works of the City and County of San 
Francisco. Said fee shall compensate the Depart- 
ment for the cost of processing the application 
and the cost of inspecting the property at the 
termination of the permitted activity to ensure 
that the property has been restored to its origi- 
nal condition. 

(c) Permit Term. Permits issued pursuant 
to this Section shall expire at the end of the last 
date on which the applicant indicated on the 
permit application that it would distribute the 
free merchandise or free sample goods, but in 
any event the permit shall expire no more than 
30 days after the date of issuance. (Added by 
Ord. 497-85, App. 11/15/85; amended by Ord. 
401-87, App. 9/25/87; Ord. 255-92, App. 8/7/92) 



375 



Sec. 184.53. 



San Francisco - Public Works Code 



376 



SEC. 184.53. PERFORMANCE BOND 
AND WAIVER PROVISION. 

(a) Performance Bond. 

(1) Upon submitting the application, each 
appUcant for a permit pursuEint to this Article 
shall post a performance bond with the Director 
of Public Works or his designee to insure that 
public property is restored and cleaned of litter 
at the conclusion of the permitted activity. Said 
performance bond shall be in the form of a 
cashier's check payable to the Department of 
Public Works of the City and County of San 
Francisco in the amount of $500. At the termi- 
nation of the permitted activity the Department 
of Public Works shall refund the amount of the 
performance bond to the applicant as soon as the 
public property has been restored to its original 
condition to the satisfaction of the Director of the 
Department of Public Works or his designee. In 
no case shall the performance bond be returned 
before the property is restored to its original 
condition. 

(2) The applicant may submit a perfor- 
mance bond for a lesser amount upon a determi- 
nation by the Director of the Department of 
Public Works or his designee that because of the 
limited duration of the proposed activity the cost 
of restoring the public property to its original 
condition will total less than $500. 

(3) The Director of Public Works or his 
designee may require the permit applicant to 
post a performance bond for a greater amount 
upon determination by the Director of Public 
Works or his designee that because of the nature 
and duration of the proposed activity the cost of 
restoring the public property to its original con- 
dition will total more than $500. Prior to requir- 
ing a performance bond for an amount greater 
than $500, the Director of the Department of 
Public Works shall adopt guidelines for the De- 
partment to follow in determining the circum- 
stances under which the restoration costs will 
exceed $500. 

(b) Waiver Provision. The Director of Pub- 
lic Works or his designee shall waive the perfor- 
mance bond requirement if the applicant certi- 
fies in writing that (1) the purpose of the activity 



is First Amendment expression and (2) the cost 
of the performance bond is so financially burden- 
some that it would constitute an unreasonable 
prior restraint on the right of First Amendment 
expression. (Added by Ord. 497-85, App. 11/15/ 
85) 

SEC. 184.54. VIOLATION AND 
MISDEMEANOR. 

Any person, firm, association or corporation 
violating any of the provisions of this Article 
shall be guilty of a misdemeanor. (Added by Ord. 
497-85, App. 11/15/85) 

SEC. 184.55. DENIAL OF PERMIT. 

Upon the denial of a permit by the Director of 
Public Works or his designee, an applicant may 
file a notice of appeal to the Board of Permit 
Appeals. (Added by Ord. 497-85, App. 11/15/85) 



[The next page is 387] 



ARTICLE 5.6: POSTEVG OF SIGNS ON CITY-OWNED 
LAMP POSTS OR UTILITY POLES 



Sec. 


184.56. 


Definitions. 


Sec. 


184.57. 


Signs on Public Property 
Prohibited; Exceptions. 


Sec. 


184.58. 


Historic and Decorative Lamp 
Posts. 


Sec. 


184.59. 


Prior Registration. 


Sec. 


184.59. 


Registration Required. 


Sec. 


184.60. 


Prohibition on Damage. 


Sec. 


184.61. 


Prohibited Signs a PubHc 
Nuisance; Removal of Signs 
Posted in Compliance with 
Article. 


Sec. 


184.62. 


Criminal Penalty. 


Sec. 


184.63. 


Civil Penalty 


Sec. 


184.64. 


Departmental Authority to 
Remove; Billing Procedure. 


Sec. 


184.65. 


Identification of Persons 
Responsible for Posting of 
Signs. 


Sec. 


184.66. 


Publication of Notice. 


Sec. 


184.67. 


Authority to Make Rules, Etc. 


Sec. 


184.68. 


Severability. 



SEC. 184.56. DEFINITIONS. 

For the purposes of this Article: 

(a) "Alley" means (1) a Street having a 
roadway not exceeding 25 feet in width which is 
primarily used for access to the rear or side 
entrances of abutting property or (2) any Street 
designated by ordinance or resolution of the 
Board of Supervisors as "alley." 

(b) "Board" means the Board of Supervisors 
of the City. 

(c) "City" means the City and County of San 
Francisco. 

(d) "Commercial Street" means that portion 
of a Street and the adjacent sidewalk within one 
block of which 50 percent or more of front footage 
of private property on the ground floor of the 
Street is used for a Commercial purpose. One 



block shall be measured from Street intersection 
to Street intersection, but shall not include any 
Alley intersection. 

(e) "Department" means the Department of 
Public Works of the City. 

if) "Director" means the Director of the De- 
partment of Public Works of the City. Director 
shall mean and include an officer or employee of 
the City designated to act on the Director's 
behalf 

(g) "Emergency" means an unforeseen oc- 
currence or combination of circumstances which 
calls for an immediate action or remedy. 

(h) "Lamp Post" means a post which sup- 
ports or has attached to it an electric lamp or 
lantern, but shall not include a post to which a 
traffic control sign or signal is attached. 

(i) "Non-Commercial Street" means that por- 
tion of a Street and the adjacent sidewalk within 
one block of which not more than 50 percent of 
front footage of private property on the ground 
floor of the Street is used for a Commercial 
purpose. One block shall be measured from Street 
intersection to Street intersection, but shall not 
include any Alley intersection. Property owned 
or occupied by the City, the State of California, or 
the United States Government and used for a 
government purpose shall be deemed Non- 
Commercial property for the purpose of this 
Article only. Property located on the same side of 
the street and adjacent to property under the 
jurisdiction of the Department of Recreation and 
Park shall be deemed Non-Commercial property 
for the purpose of this Article only. 

(j) "Person" means any individual person, 
firm, partnership, association, corporation, com- 
pany, organization, society, group or legal entity 
of any kind. 

(k) "Posting Date" means the date on which 
a Person intends to post a Sign. In no event shall 
the date be later than the date on which the Sign 
is actually posted. 



387 



Supp. No. 1, September 2006 



Sec. 184.56. 



San Francisco - Public Works Code 



388 



(1) "Roadway" means that portion of a Street 
improved, designed or ordinarily used for vehicu- 
lar travel. 

(m) "Sign" means any card, decoration, 
poster, campaign sign, poster or any object con- 
taining or bearing writing, drawing, painting, 
figures, designs or sjrmbols that is affixed, posted 
or fastened in any manner to any property that is 
permanently attached to the public right-of-way. 
A Sign shall not include a Handbill, as that term 
is defined and regulated by Sections 184.69 to 
184.76, inclusive, of this Code. A Sign shall also 
not include a banner which is regulated in Sec- 
tion 184.78 of this Code. A Sign shall also not 
include an A-board which is regulated in Sec- 
tions 63 and 64 of Part II, Chapter VIII of the 
San Francisco Municipal Code (Police Code). 

(n) "Street" means a way or place of what- 
ever nature, publicly maintained and open to the 
use of the public for purposes of vehicular travel, 
or property dedicated as a public street by action 
of the Board of Supervisors. 

(o) "Utility Pole" means a pole which carries 
or has attached to it a wire or wires used in 
connection with the Municipal Railway or tele- 
phone or electric lines, but shall not include any 
traffic control signal or sign. (Added by Ord. 
116-99, File No. 982076, App. 5/14/99; Ord. 222- 
06, File No. 060853, App. 8/11/2006) 

SEC. 184.57. SIGNS ON PUBLIC 
PROPERTY PROHIBITED; EXCEPTIONS. 

(a) Findings. The Board hereby finds and 
declares: The City has a compelling need to 
prohibit the posting of Signs on public property 
in order to prevent the visual pollution caused by 
such Signs and the resulting contributions to 
urban blight. Moreover, the placement of Signs 
on public property causes damage to such prop- 
erty and, when Signs are placed on or near traffic 
or directional signs or similar objects, threatens 
the safety of vehicular and pedestrian traffic. 
The rise in number, size and frequency of Signs 
on public property has increased visual clutter, 
risks to the vehicular and pedestrian traffic and 
damage to public property. This proliferation of 
Signs on public property also threatens the char- 



acter and dignity of the City's distinctive appear- 
ance, streetscapes, thoroughfares, skyline and 
architectural features for both residents and 
visitors and also depletes limited public re- 
sources for street cleaning and maintenance. 
However, the Board is mindful of the importance 
of providing a forum for communication among 
citizens. While Lamp Posts and Utility Poles can 
provide such a forum, unrestricted use of Signs 
would interfere with the clear view of traffic 
safety signs and signals by motorists and with 
the unobstructed use of public streets and side- 
walks. In addition, unrestricted use of Lamp 
Posts and Utility Poles would permit the place- 
ment of numerous Signs of widely ranging sizes 
and shapes which protrude beyond such poles, 
thereby creating an aesthetically displeasing clut- 
ter of objects on and over public streets and 
sidewalks. A limitation on the size, duration, and 
placement of Signs on Lamp Posts and Utility 
Poles will eliminate unsightly clutter, ensure 
traffic safety, and provide an opportunity for a 
greater number of Persons to communicate by 
this means. 

(b) Prohibited Acts. Except as expressly 
provided in this Article, no Person, except a duly 
authorized public officer or employee, or a con- 
tractor with the City, the State of California, or 
the United States Government acting to promote 
the purposes of that contract, shall erect, con- 
struct or maintain, paste, paint, print, nail, tack 
or otherwise fasten or affix any Sign, or cause or 
suffer the same to be done, on any Lamp Post, 
Utility Pole, traffic control sign or signal, curb- 
stone, bench, hydrant, wall, span wire, sidewalk, 
bridge, tree, fence, building or structure owned 
or controlled by the City. 

(c) Exceptions for Non-Commercial 
Streets. Notwithstanding the provisions of Sub- 
section (b) of this Section, a Sign may be placed 
or maintained upon, or attached to, any Lamp 
Post or Utility Pole on a Non-Commercial Street 
provided that the following regulations are ad- 
hered to: 

(1) No more than one copy of any Sign (i.e. 
no duplicates) may be placed on a single Lamp 
Post or a single Utility Pole at any time; 



Supp. No. 1, September 2006 



389 



Posting of Signs on City-Owned Lamp Posts or Utility Poles 



Sec. 184.58. 



(2) The Sign shall be affixed to the Lamp 
Post or Utility Pole so that the shape of the Sign 
conforms to the shape of the Lamp Post or Utility 
Pole to which it is attached, and no part shall 
extend or be suspended beyond the face of the 
Lamp Post or Utility Pole; 

(3) The Sign shall not be greater than 11 
inches in height; 

(4) The edge of the Sign which is farthest 
from the ground when posted shall be at a height 
no greater than 12 feet from the ground; 

(5) The Sign shall only be affixed with tape 
or non-adhesive materials, such as string, twine 
or other non-metal banding material. The Sign 
shall not be affixed with staples, nails, paste, 
glue, or any adhesive substance other than tape, 
nor affixed in a manner that causes damage to 
the Lamp Post, Utility Pole, any structure, or 
any public property. The Sign shall be posted in 
a fashion that ensures it is firmly secured to the 
Lamp Post or Utility Pole, is not loose, and does 
not pose any hazard to pedestrians or vehicles; 

(6) The Sign shall bear the Posting Date in 
the lower right-hand corner, legible and visible 
after the Sign is posted. 

(d) Exceptions for Commercial Streets. 
Notwithstanding the provisions of Subsection (b) 
of this Section, a Sign may be placed or main- 
tained upon, or attached to, any Lamp Post or 
Utility Pole on a Commercial Street, provided 
that a Sign which is 11 inches in height or less 
must be posted in accordance with Section 
184.57(c). 

(e) Posting Period. Every Person who has 
posted any Sign on any Lamp Post or Utility 
Pole, or who has caused such posting, as permit- 
ted by Subsections (c) and (d) of this Section, 
shall remove such Sign and any material used to 
affix the Sign within 70 calendar days of the 
Posting Date. Provided, however, in no event 
shall any Sign posted for an event or an election 
remain posted more than 10 calendar days after 
the event or the election. 

(f) Exclusions. The provisions of this Sec- 
tion shall not apply to: 

(1) Signs placed or maintained by the United 
States Government, the State of California, any 
department of the City, or Signs posted under 



the authority of the San Francisco Department 
of Recreation and Park, the San Francisco Port 
Commission, or the Department; 

(2) Any object placed or maintained upon, 
or in front of, or attached to, or above any 
building or premises, either wholly within the 
property lines or projecting beyond the property 
line over the public sidewalk, regulated by the 
provisions of Part II, Chapter I of the San Fran- 
cisco Municipal Code (Building Code); 

(3) Any object affixed pursuant to Part II, 
Chapter IV of the San Francisco Municipal Code 
(Planning Code); 

(4) Any object placed on a Street or side- 
walk pursuant to Section 63 of Part II, Chapter 
VIII of the San Francisco Municipal Code (Police 
Code) regulating the placement of A-boards; 

(5) Any object placed on a Lamp Post or 
Utility Pole pursuant to Section 184.78 of this 
Code regulating the display of banners; 

(6) Any object distributed pursuant to Sec- 
tions 184.69 to 184.76, inclusive, of this Code 
regulating the distribution of Handbills; 

(7) The distribution of newspapers and other 
printed material from newsracks or pedestal 
mounts on public sidewalks; 

(8) Signs posted on kiosks or pedestal mounts 
designed £ind maintained for the posting of Signs. 
(Added by Ord. 116-99, File No. 982076, App. 
5/14/99; Ord. 222-06, File No. 060853, App. 8/11/ 
2006) 

SEC. 184.58. HISTORIC AND 
DECORATIVE LAMP POSTS. 

(a) Findings. The Board finds and declares 
that several Lamp Posts throughout the City are 
historic landmarks, are within historic districts, 
or are important aesthetic features of the City. 
Because of the historic and aesthetic significance 
of these Lamp Posts, the interest in maintaining 
a City which is attractive to its citizens and 
tourists, and promoting the health, safety, and 
welfare of the City's citizens, these Lamp Posts 
must be preserved and protected from destruc- 
tion. The use of these ornate poles for the pur- 



Supp. No. 1, September 2006 



Sec. 184.58. 



San Francisco - Public Works Code 



390 



pose of posting Signs may either threaten the 
preservation of these landmarks or destroy an 
important aesthetic feature of the city. 

Accordingly, the City has a compelling need 
to prohibit the posting of Signs on the following 
Lamp Posts: 

(1) "Market Street's Path of Gold" located 
from 1 Market Street to 2490 Market Street. The 
pillars of these 33-foot high Lamp Posts were 
shaped to include historical subjects as decora- 
tion, including Native Americans on horseback 
and ox-drawn covered wagons pictured with a 
pioneer; 

(2) "Mission Street Corridor" located on Mis- 
sion Street between Sixteenth and Twenty- 
Fourth Streets. These Lamp Posts are maroon- 
painted with acorn-shaped luminaries, finial tops 
and twin lights at different heights; 

(3) "Dragon Street Lanterns" located on 
Grant Street between Bush and Broadway Streets. 
These red-painted Chinese-style lanterns sit atop 
pillars which are ornately decorated with bronze 
dragons and painted aqua; the bases are painted 
red and white; 

(4) Lamp Posts on the "Embarcadero" lo- 
cated between King and Jefferson Streets. There 
are three styles of Lamp Posts on the Embarca- 
dero having decorative bases, painted green or 
slate blue, and with double tear-dropped-shaped 
lanterns and both double and single acorn- 
shaped lanterns; 

(5) Lamp Posts on Fisherman's Wharf lo- 
cated between Hyde and Powell Streets. These 
Lamp Posts are painted slate blue, have decora- 
tive bases and single acorn-shaped lanterns; 

(6) Lamp Posts adjacent to the Moscone 
Center on Howard Street between Third and 
Fourth Streets. These 10 Lamp Posts are bronze 
cobra-shaped light fixtures designed by JCDe- 
caux Co., a French designer of street furniture 
and fixtures; 

(7) Lamp Posts in Union Square Plaza, which 
is bounded by Geary Street to the south, Stock- 
ton Street to the east. Post Street to the north, 
and Powell Street to the west. These Lamp Posts 
are painted slate blue, have decorative bases and 
single acorn-shaped lanterns; 



(8) Lamp Posts located on Mason Street 
from Market to Sutter Streets, Sutter from Ma- 
son to Kearny Streets, Kearny Street from Bush 
to Market Streets. These Lamp Posts are painted 
gray, have gold trim, and ornately decorative 
bases and double acorn-shaped lanterns. 

(b) Posting Signs Prohibited. Notwith- 
standing any other provision of law, no Person, 
except a duly authorized public officer or em- 
ployee or contractor with the City, the State of 
California, or the United States Government 
acting to promote the purposes of that contract, 
shall erect, construct or maintain, paste, paint, 
print, nail, tack or otherwise fasten or affix, any 
Sign, or cause or suffer the same to be done, on 
any of the following Lamp Posts: 

(1) "Market Street's Path of Gold" located 
from 1 Market Street to 2490 Market Street; 

(2) "Mission Street Corridor" located on Mis- 
sion Street between Sixteenth and Twenty- 
Fourth Streets; 

(3) "Dragon Street Lanterns" located on 
Grant Street between Bush and Broadway Streets; 

(4) Lamp Posts on the "Embarcadero" lo- 
cated between King and Jefferson Streets; 

(5) Lamp Posts on Fisherman's Wharf lo- 
cated between Hyde and Powell Streets; 

(6) Lamp Posts adjacent to the Moscone 
Center on Howard Street between Third and 
Fourth Streets; 

(7) Lamp Posts in Union Square Plaza, which 
is bounded by Geary Street to the south, Stock- 
ton Street to the east. Post Street to the north, 
and Powell Street to the west; and 

(8) Lamp Posts located on Mason Street 
from Market to Sutter Streets, Sutter from Ma- 
son to Kearny Streets, Kearny Street from Bush 
to Market Streets. 

(c) The Director shall maintain a complete 
and accurate list and map indicating the historic 
Lamp Posts covered by this Section and shall 
provide a copy of each upon request. (Added by 
Ord. 116-99, File No. 982076, App. 5/14/99; Ord. 
222-06, File No. 060853, App. 8/11/2006) 



Supp. No. 1, September 2006 



391 



Posting of Signs on City-Owned Lamp Posts or Utility Poles 



Sec. 184.63. 



SEC. 184.59. PRIOR REGISTRATION. 

(a) It shall be unlawful for any Person to 
post or cause to be posted any Sign which is 
greater than 11 inches in height on any Lamp 
Post or Utility Pole on a Commercial Street in 
the City Notwithstanding any other provision of 
this Section, Signs in Commercial Streets that 
received registration numbers prior to the effec- 
tive date of this Ordinance under Section 
184.59(b)— (g) of Ordinance No. 116-99 shall be 
permitted for the Posting Period provided in 
Section 184.57(e). 

(b) Confidentiality. In order to protect the 
anonjrmity of speakers, the Director shall protect 
the confidentiality of all information provided in 
any application for permission to post Signs 
pursuant to Section 184.59(b) — (g) of Ordinance 
No. 116-99. The Director and his or her staff may 
use that information only for the purpose of 
enforcing this Article. (Added by Ord. 116-99, 
File No. 982076, App. 5/14/99; Ord. 222-06, File 
No. 060853, App. 8/11/2006) 



SEC. 184.60. 
DAMAGE. 



PROHIBITION ON 



No Person shall deface, mar, disfigure, or 
damage any traffic control sign or signal, curb- 
stone, bench, hydrant, wall, span wire, sidewalk, 
bridge, fence, building or any other structure 
belonging to the City or any tree located in any 
public property or place, by painting, cutting, 
scratching or breaking the same, or attaching, 
posting, or in any way affixing anything thereto. 
(Added by Ord. 116-99, File No. 982076, App. 
5/14/99; Ord. 222-06, File No. 060853, App. 8/11/ 
2006) 

SEC. 184.61. PROHIBITED SIGNS A 
PUBLIC NUISANCE; REMOVAL OF SIGNS 
POSTED IN COMPLIANCE WITH 
ARTICLE. 

Any Sign affixed to any property in violation 
of the provisions of this Article is hereby declared 
to be and is a public nuisance. No Sign posted in 
compliance with this Article may be removed by 
any Person except an officer or employee of the 



City duly authorized to do so or the Person who 
posted or caused to be posted the Sign. (Added by 
Ord. 116-99, File No. 982076, App. 5/14/99; Ord. 
222-06, File No. 060853, App. 8/11/2006) 

SEC. 184.62. CRIMINAL PENALTY. 

Any Person who violates any of the provi- 
sions of this Article shall be guilty of an infrac- 
tion, and, upon conviction thereof, shall be pun- 
ished by a fine of not less than $50.00 or more 
than $500.00 or by community service in lieu of 
the fine. (Added by Ord. 116-99, File No. 982076, 
App. 5/14/99; Ord. 222-06, File No. 060853, App. 
8/11/2006) 

SEC. 184.63. CIVIL PENALTY. 

(a) Any Person in violation of any provision 
of this Article and of failing to pay the amount 
billed such Person for such violation shall be 
liable for payment of a civil penalty in an amount 
equal to (1) the costs incurred by the City occa- 
sioned by the failure to remove Signs and by 
damaged property occasioned by their posting or 
removal, and (2) the costs to the City incurred in 
obtaining imposition of such civil penalties through 
litigation, including the cost of pa5dng City em- 
ployees or other persons to engage in the litiga- 
tion, and (3) an additional amount equal to 50 
percent of the total of (1) and (2) of this Subsec- 
tion. As an alternative, the civil penalty autho- 
rized by this Section may be assessed by an 
administrative citation issued by Department of 
Public Works officials designated in Section 38 of 
the Police Code. Such administrative penalties 
shall be assessed, enforced and collected in ac- 
cordance with Section 39-1 of the Police Code., 
and shall include the costs to the City incurred in 
obtaining the imposition of the penalty, includ- 
ing the cost of pajdng City employees to engage 
in the administrative process. 

(b) All monies received by the City in pay- 
ment to civil penalties for violation of this Article 
shall be deposited to the credit of the Bureau of 
Street Environmental Services of the Depart- 
ment of Public Works in a special fund, to be 
entitled "Sign Removal Fund." Revenue from 
such fimd shall be used exclusively for the costs 
related to the removal of illegally posted Signs 



Siipp. No. 1, September 2006 



Sec. 184.63. 



San Francisco - Public Works Code 



392 



and repair of City property damaged by such 
posting. Balances remaining in the fund at the 
close of any fiscal year shall have been deemed to 
have been provided for a specific purpose within 
the meaning of Section 9.113 of the Charter, and 
shall be carried forward and accumulated in said 
fund for the purposes recited herein. The monies 
received into this fund are hereby appropriated 
exclusively for the purposes set forth herein. 
(Added by Ord. 116-99, File No. 982076, App. 
5/14/99; amended by Ord. 87-03, File No. 030482, 
App. 5/9/2003; Ord. 222-06, File No. 060853, 
App. 8/11/2006) 

SEC. 184.64. DEPARTMENTAL 
AUTHORITY TO REMOVE; BILLmG 
PROCEDURE. 

(a) The Department has authority to re- 
move any Sign if it violates any provision of this 
Article. To the extent consistent with applicable 
federal and state law, the Department may re- 
move any Sign posted in violation of the appli- 
cable provisions of federal or state law where the 
Sign is posted on a Lamp Post or Utility Pole on, 
immediately abutting, or immediately adjacent 
to property which is under the jurisdiction of the 
United States Government or the State of Cali- 
fornia and is located within the City. The Depart- 
ment is authorized to take all necessary steps, 
including entering into contracts with the United 
States Government or the State of California, to 
remove Signs posted on a Lamp Post or Utility 
Pole on, immediately abutting, or immediately 
adjacent to property which is under the jurisdic- 
tion of the United States Government or the 
State of California and is located within the City. 
If the City incurs any expense in removing a Sign 
because it was posted in violation of this Article, 
the Person or Persons responsible for such post- 
ing as set forth in Section 184.65 of this Article 
may be billed as provided in Subsection (b) of 
this Section. If such bill is not paid as required by 
Subsection (b), the Person or Persons responsible 
for such posting are subject to payment of a civil 
penalty as provided in Section 184.63 of this 
Article. 



(b) Whenever an officer or employee of the 
City and County of San Francisco removes any 
Sign posted in violation of this Article, the Direc- 
tor may send a bill to the Person responsible for 
such posting for the cost of removal or for the 
repair of property damaged by such posting. 
Such bill shall include all costs, both direct and 
indirect, involved in removing Signs, in repair- 
ing property, and in administering the billing 
procedure. The amount to be billed for placing 
objects into the surface of trees is set forth in the 
San Francisco Urban Forestry Ordinance, which 
is codified as Part II, Chapter X, Article 16, 
Section 800 et seq. of the San Francisco Munici- 
pal Code (Public Works). The bill shall describe 
the basis for the amount billed by indicating the 
number of signs posted illegally, the time neces- 
sary for removal, the hourly cost of removal, and 
other relevant information, including, but not 
limited to, the general locations from which the 
signs were removed and the dates and times on 
which the work was performed. The bill shall 
also specify a date by which the bill is to be paid, 
which date shall be not fewer than 10 business 
days after the bill is mailed. The person billed 
must pay the bill by the date specified. All 
payments received shall be deposited with the 
Treasurer to the credit of the "Sign Removal 
Fund" designated in Section 184.63 of this Ar- 
ticle. (Added by Ord. 116-99, File No. 982076, 
App. 5/14/99; Ord. 222-06, File No. 060853, App. 
8/11/2006) 

SEC. 184.65. IDENTIFICATION OF 
PERSONS RESPONSIBLE FOR POSTING 
OF SIGNS. 

In any civil action seeking recovery of a civil 
penalty and/or costs of removal of a Sign for 
violation of any of the provisions of this Article 
proof that the Sign posted contains the name of 
or in any other manner identifies a Person shall 
give rise to a rebuttable presumption that the 
Person caused such Signs to be posted or to 
remain posted. (Added by Ord. 116-99, File No. 
982076, App. 5/14/99; Ord. 222-06, File No. 060853, 
App. 8/11/2006) 

SEC. 184.66. PUBLICATION OF NOTICE. 

The Director shall publish a copy of this 
Article once in one or more newspapers of gen- 



Supp. No. 1, September 2006 



393 



Posting of Signs on City-Owned Lamp Posts or Utility Poles 



Sec. 184.68. 



eral circulation, post a copy of the Article on a 
bulletin board in or adjacent to the City Hall for 
a period of 90 calendar days after its passage, 
and prominently provide notice of this Article in 
any material made available to the public regard- 
ing the City's regulations of Signs. Further, the 
Director of Elections shall inform any Person 
who qualifies to be a candidate for a local office of 
this Article and shall make information about 
this Ordinance available to all other candidates 
and proponents of ballot measures. 

The notice requirements of this Section are 
intended to enhance community awareness of 
the City's regulations of Signs. However, the 
notice requirements shall be given only directive 
effect. Accordingly, the failure of the Director or 
the Director of Elections to provide the notice 
required by this Section shall not be a defense in 
any criminal proceeding or civil action brought to 
enforce the provisions of this Article nor shall 
such failure relieve any Person of criminal or 
civil liability for postings that violate this Ar- 
ticle. (Added by Ord. 116-99, File No. 982076, 
App. 5/14/99; Ord. 222-06, File No. 060853, App. 
8/11/2006) 



and effect. To this end, the provisions of this 
Article are severable. (Added by Ord. 116-99, 
File No. 982076, App. 5/14/99; Ord. 222-06, File 
No. 060853, App. 8/11/2006) 



SEC. 184.67. AUTHORITY TO MAKE 
RULES, ETC. 

The Director is empowered to adopt rules, 
regulations, and interpretations of this Ordi- 
nance as he or she may deem necessary and 
proper to interpret and administer the provi- 
sions of this Article provided that the rules, 
regulations, and interpretations shall not be 
inconsistent with any of the provisions of this 
Article. (Added by Ord. 116-99, File No. 982076, 
App. 5/14/99; Ord. 222-06, File No. 060853, App. 
8/11/2006) 



SEC. 184.68. SEVERABILITY. 

If any of the provisions of this Article or the 
application thereof to any Person or circum- 
stance is held invalid, the remainder of this 
Code, including the application of such part or 
provisions to Persons or circumstances other 
than those to which it is held invalid, shall not be 
affected thereby and shall continue in full force 



[The next page is 423] 



Supp. No. 1, September 2006 



[INTENTIONALLY LEFT BLANK] 



Supp. No. 1, September 2006 



ARTICLE 5.7: HANDBILL DISTRIBUTION ON 
PRIVATE PREMISES; DISPLAY OF BANNERS 



Sec. 


184.69. 


Definitions. 


Sec. 


184.70. 


Distribution of Handbills on 
Private Premises. 


Sec. 


184.71. 


Exclusions. 


Sec. 


184.72. 


Criminal Penalties. 


Sec. 


184.73. 


Investigation by Director. 


Sec. 


184.74. 


Publication of Notice. 


Sec. 


184.75. 


Authority to Make Rules, Etc 


Sec. 


184.76. 


Severability. 


Sec. 


184.78. 


Banners. 



SEC. 184.69. DEFINITIONS. 

For the purposes of this Article: 

(a) "Board" means the Board of Supervisors 
of the City. 

(b) "City" means the City and County of San 
Francisco. 

(c) "Department" means the Department of 
Public Works of the City 

(d) "Director" means the Director of the 
Department of Public Works of the City. Director 
shall mean and include an officer or employee of 
the City designated to act on the Director's 
behalf 

(e) "Handbill" means any handbill, dodger, 
circular, booklet, card, pamphlet, sheet or any 
other kind of printed matter or literature which 
is distributed to or upon any premises in the 
City. Handbill shall not include a Sign, as that 
term is defined and regulated by Sections 184.56 
to 184.68, inclusive, of this Code. 

(f) "Newspaper" means a publication that 
(1) is printed, published, and circulated at regu- 
lar intervals, including, but not limited to, daily, 
weekly, bi-weekly, and monthly circulation, (2) 
contains at least 3 separate sheets of paper, and 
(3) has printed matter on at least one side of the 
paper. 



(g) "Person" means any individual person, 
firm, partnership, association, corporation, com- 
pany, organization, society, group or legal entity 
of any kind. (Added by Ord. 116-99, File No. 
982076, App. 5/14/99) 

SEC. 184.70. DISTRIBUTION OF 
HANDBILLS ON PRIVATE PREMISES. 

(a) Findings. The Board hereby finds and 
declares that the City has a compelling need to 
prohibit the distribution of Handbills on private 
premises where the occupant has expressed his 
or her unwillingness to receive such Handbills. 
Prohibiting distributions of Handbills in defi- 
ance of an occupant's expressed desire not to 
receive them strikes an appropriate accommoda- 
tion between the rights of distributors to solicit 
willing listeners with the rights of occupants to 
object to receive the material. 

This Ordinance is also aimed at decreasing 
the adverse effects of the distribution of unsolic- 
ited Hand-bills on private premises. The prohi- 
bition against delivering Handbills contrary to 
the expressed desire of the occupant and the 
requirement that Handbills be folded or other- 
wise attached to the outside of a premises will 
decrease the amount of litter created by Hand- 
bills. 

(b) Prohibition When "No Handbills" Sign 
Posted. It shall be unlawful for any Person to 
distribute, cause to be distributed, or suffer, 
allow or permit the distribution of any Handbill 
to or upon any private premises in the City by 
placing or causing any such Handbill to be de- 
posited or placed in or upon any porch, yard, 
steps, hallway, or mailbox located on, or used in 
connection with such premises when such pre- 
mises has posted thereon in a conspicuous place, 
a notice or notices of at least eight square inches 
in area bearing the words "No Handbills" or the 



423 



Sec. 184.70. 



San Francisco - Public Works Code 



424 



like, unless such Person has first received the 
written permission of the occupant of such pre- 
mises authorizing the Person so to distribute. 

(c) Distributed Matter To Be Folded. It shall 
be unlawful for any Person to distribute, cause to 
be distributed, or suffer, allow or permit the 
distribution of any Handbill to or upon any 
private premises in the City by placing or caus- 
ing any such Handbill to be deposited or placed 
in or upon any porch, yard, steps, hallway, or 
mailbox located on, or used in connection with 
such premises unless the same is folded or oth- 
erwise so prepared or placed that it will not be 
blown therefrom by the winds. (Added by Ord. 
116-99, File No. 982076, App. 5/14/99; amended 
by Ord. 53-05, File No. 041308, App. 4/1/2005) 

SEC. 184.71. EXCLUSIONS. 

The provisions of this Article shall not apply 
to: (1) the distribution and delivery of any News- 
paper, or (2) any distribution or delivery made by 
a duly authorized public officer or employee of or 
contractor acting with the authority of the City, 
the State of California, or the United States 
acting to promote the purpose of the contract. 
(Formerly Sec. 184.72; added by Ord. 116-99, 
File No. 982076, App. 5/14/99; renumbered by 
Ord. 53-05, File No. 041308, App. 4/1/2005) 
(Former Sec. 184.71 added by Ord. 116-99, File 
No. 982076, App. 5/14/99; repealed by Ord. 53- 
05) 

SEC. 184.72. CRIMINAL PENALTIES. 

Any Person who violates any provision of this 
Article shall be guilty of an infraction and upon 
conviction thereof shall be punished by a fine of 
not more than $250. (Formerly Sec. 184.73; added 
by Ord. 116-99, File No. 982076, App. 5/14/99; 
renumbered by Ord. 53-05, File No. 041308, App. 
4/1/2005) (Former Sec. 184.72 added by Ord. 
116-99, File No. 982076, App. 5/14/99; renum- 
bered by Ord. 53-05) 

SEC. 184.73. INVESTIGATION BY 
DIRECTOR. 

The Director shall investigate, or cause to be 
investigated, all complaints made to the Depart- 



ment regarding the violation of any of the provi- 
sions of this Article and take such actions regard- 
ing any violation as is provided therein. 

In undertaking enforcement of this Article, 
the City, including, but not limited to, the De- 
partment, is assuming an undertaking only to 
promote the general welfare. It is not assuming, 
nor is it imposing on its officers and employees, 
an obligation for breach of which it is liable in 
money damages to any Person who claims that 
such breach proximately caused injury. The ob- 
ligations this Article imposes on City officials are 
intended to be directive only. The provisions of 
this Article shall not be invalidated to the extent 
City officials do not comply with any obligation 
imposed herein. (Formerly Sec. 184.74; added 
by Ord. 116-99, File No. 982076, App. 5/14/99; 
renumbered by Ord. 53-05, File No. 041308, App. 
4/1/2005) (Former Sec. 184.73 added by Ord. 
116-99, File No. 982076, App. 5/14/99; renum- 
bered by Ord. 53-05) 

SEC. 184.74. PUBLICATION OF NOTICE. 

The Director shall publish a copy of this 
Article once in one or more newspapers of gen- 
eral circulation, post a copy of the Article on or 
near the front door of the Chamber of Commerce 
and on a bulletin board in or adjacent to the City 
Hall for a period of 90 calendar days after its 
passage, and prominently provide notice of this 
Article in any material made available to the 
public regarding the City's regulations of Hand- 
bills. 

The notice requirements of this Section are 
intended to enhance community awareness of 
the City's regulations of Handbills. However, the 
notice requirements shall be given only directive 
effect. Accordingly, the failure of the Director to 
provide the notice required by this Section shall 
not be a defense in any criminal proceeding or 
civil action brought to enforce the provisions of 
this Article nor shall such failure relieve any 
Person of criminal or civil liability for Handbill 
distributions that violate this Article. (Formerly 
Sec. 184.75; added by Ord. 116-99, File No. 
982076, App. 5/14/99; renumbered by Ord. 53-05, 
File No. 041308, App. 4/1/2005) (Former Sec. 
184.74 added by Ord. 116-99, File No. 982076, 
App. 5/14/99; renumbered by Ord. 53-05) 



425 



Handbill Distribution on Private Premises; Display of Banners Sec. 184.78. 



SEC. 184.75. AUTHORITY TO MAKE 
RULES, ETC. 

The Director is empowered to adopt rules, 
regulations, and interpretations of this Ordi- 
nance as he or she may deem necessary and 
proper to interpret and administer the provi- 
sions of this Article provided that the rules, 
regulations, and interpretations shall not be 
inconsistent with any of the provisions of this 
Article. (Formerly Sec. 184.76; added by Ord. 
116-99, File No. 982076, App. 5/14/99; renum- 
bered by Ord. 53-05, File No. 041308, App. 4/1/ 
2005) (Former Sec. 184.75 added by Ord. 116-99, 
File No. 982076, App. 5/14/99; renumbered by 
Ord. 53-05) 

SEC. 184.76. SEVERABILITY. 

If any of the provisions of this Article or the 
application thereof to any Person or circum- 
stance is held invalid, the remainder of this 
Article, including the application of such part or 
provisions to Persons or circumstances other 
than those to which it is held invalid, shall not be 
affected thereby and shall continue in full force 
and effect. To this end, the provisions of this 
Article are severable. (Formerly Sec. 184.77; 
added by Ord. 116-99, File No. 982076, App. 
5/14/99; renumbered by Ord. 53-05, File No. 
041308, App. 4/1/2005) (Former Sec. 184.76 added 
by Ord. 116-99, File No. 982076, App. 5/14/99; 
renumbered by Ord. 53-05) 

Sec. 184.77 

(Added by Ord. 116-99, File No. 982076, App. 

5/14/99; renumbered as Sec. 184.76 by Ord. 53- 

05) 

SEC. 184.78. BANNERS. 

(a) Findings. The Board of Supervisors 
hereby finds that: 

(1) Banners placed on the upper portion of 
City-owned utility poles are an important me- 
dium for providing notice to San Francisco resi- 
dents, as well as those who work in and visit San 
Francisco, about City-sponsored, City-fimded, and 
City-wide special events, City-convention facility 
events, and the locations of the City's diverse 
neighborhoods. 



(2) Because of the significant economic ben- 
efits that the City gains from tourism, San 
Francisco has a strong interest in fostering tour- 
ism by promoting City-sponsored, City-funded 
and City-wide special events, and in providing 
notice of the locations of the City's varied and 
distinct neighborhoods. 

(3) Because of the significant economic ben- 
efits that the City gains fi:om the events held at 
the City's convention facilities, San Francisco 
has a strong interest in fostering, promoting and 
identifying those events conducted at the City's 
convention facilities. 

(4) Increasing awareness of City-sponsored 
City-funded and City-wide special events, and 
San Francisco's diverse neighborhoods also fos- 
ters civic pride. 

(5) By adopting this section the Board does 
not intend to create a public forum on the upper 
portion of City-owned utility poles, it has decided 
to make the upper portion of City-owned utility 
poles available for the installation of banners 
that announce City-sponsored events. City- 
funded events, City-wide special events. City 
convention facility events, or City neighborhoods 
in order to achieve its goals of promoting tourism 
and civic pride, and providing public notice. 

(b) Subject to the conditions and limitations 
imposed by this Section, the Department is au- 
thorized to adopt rules and regulations govern- 
ing the posting of banners consistent with the 
terms of this Article. In enacting such rules and 
regulations, the Department shall consider the 
need to protect the safety of pedestrians, vehicles 
and other property and the need to promote 
aesthetics on the City's streets and sidewalks. 
With respect to City-wide special event banners 
or City convention facility banners, the Depart- 
ment of Public Works shall not discriminate on 
the basis of the viewpoint in a banner in its 
administration and interpretation of this Section 
and any rules or regulations adopted under this 
Section. 



Sec. 184.78. 



San Francisco - Public Works Code 



426 



(c) Only the following banners may be posted 
on City-owned utility poles: City-sponsored ban- 
ners, City-funded event banners, City-wide event 
banners, City convention facility banners, and 
City neighborhood banners. 

(1) A "city-sponsored banner" is a banner 
announcing an event or series of related events 
conducted by the City or any of its departments, 
boards, commissions or agencies, or announcing 
a facility operated by the City or any of its 
departments, boards, commissions. 

(2) A "city-fiinded event banners is a banner 
announcing an event or series of related events 
which event or series of events have received 
funding of $5,000 or more from the City or any of 
its departments, boards, commissions or agen- 
cies. 

(3) A "city-wide special event banner" is a 
banner announcing an event or series of related 
events of interest to a significant portion of the 
residents of San Francisco and/or tourists, which 
is not a purely commercial enterprise, and where 
(a) the proceeds, if any, will directly benefit 
either a federal, state, or local government agency 
or a charitable non-profit organization that main- 
tains tax-exempt status under Internal Revenue 
Code Section 501(c)(3) or (b) the event or series of 
events will take place on City-owned property 
and further a public purpose. 

(4) A "city convention facility banner" is a 
banner installed on any City-owned utility pole 
located on streets proximate to the City's conven- 
tion center facilities that announces an event 
currently being held at a City-owned convention 
center facility. Those streets are: Third Street 
between Folsom and Mission (west side only), 
Folsom Street between Third and Fourth (north 
side only), Howard Street between Third and 
Fifth (both sides). Mission Street between Third 
and Fourth (south side only), Fourth Street be- 
tween Mission and Howard (both sides). Fourth 
Street between Howard and Folsom (east side 
only), and Grove Street between Polk and Larkin 
(both sides). A "city convention facility banner" 
may only be installed proximate to the City- 
owned convention center facility at which the 
event the banner announces is currently being 



held. A "city convention facility banner" may only 
be installed 10 days prior an event, and may not 
remain posted for more than 10 days after an 
event. The Department shall give requests for a 
"city convention facility banner" priority over 
other requests for banners on City-owned utility 
poles directly adjacent to any part of the City's 
convention center facilities. 

(5) A "city neighborhood banner" is a ban- 
ner demarking a neighborhood in San Francisco, 
placed in that neighborhood, and identifying the 
neighborhood's name, such as, for example: the 
Tenderloin, or Pacific Heights. 

(6) For the purposes of this Section, an 
"event or series of related events of interest to a 
significant portion of the residents of San Fran- 
cisco" is any event or series of related events that 
take place in the City and that reasonably expect 
an in-person attendance of 500 or more people 
for a single event or 1000 or more people for a 
series of events. Expected attendance may be 
demonstrated by attendance at that same event 
or series of related events in previous years, 
attendance at a similar event or series of related 
events in previous years, by attendance projec- 
tions for an event or series of events based on 
sales of tickets or subscriptions to the event or 
series of related events or, for an event or series 
of events that is being organized for the first 
time, by another reasonable measure of expected 
in-person attendance to be determined by the 
Department of Public Works. 

(d) Under the findings made in Section 
184.58, no banner may be posted on the historic 
and decorative lamp posts Hsted in Section 184.58, 
with the exception of those historic and decora- 
tive lamp posts in the "Mission Street Corridor" 
located on Mission Street between Sixteenth and 
Twenty-Fourth Streets, where banners may be 
posted. 

(e) No banner shall be affixed to more than 
one structure so that it spans the area between 
two or more structures or spans a street unless 
and until the party responsible for the posting of 
such banner first obtains a permit from the 
Department for the purpose of enabling that 
Department to ensure that the banner is posted 



427 



Handbill Distribution on Private Premises; Display of Banners Sec. 184.78. 



in a safe manner and that the party has obtained 
adequate insurance coverage for any risk posed 
by such posting, according to guidehnes estab- 
Hshed by the Director; and provided that, if any 
part of the banner is to be attached to non-City 
property, upon fihng the permit apphcation, the 
party shall be notified that the consent of the 
private owner should be obtained before posting 
the banner. 

(f) Notwithstanding anji^hing in this Code 
that may be to the contrary, the Director is 
authorized to permit the posting of banners on 
the historic lamp posts lining Market Street, an 
area known as the "Path of Gold," and more fiilly 
described in Section 184.58, subject to the follow- 
ing conditions: 

(1) The Director may issue a permit only for 
an event: (A) that results in the closure of all or 
a portion of Market Street's Path of Gold and (B) 
for which the event sponsor has already obtained 
the necessary City approvals for such closure; 
and 

(2) Banners shall not be posted for longer 
than 30 days prior to the event, nor remain 
posted for longer than 10 days after the event. 

(g) The following shall apply to all Banners: 

(1) Banners identifying the name of a com- 
mercial sponsor must limit that identification to 
a logo or business name only, located in the top or 
bottom portion of the banner, and comprising no 
more than 15% of the total area of the banner. 

(2) Banners shall not be installed for longer 
than 30 days prior to the event or series of 
events, nor remain posted for longer than 10 
days after the event or series of events. 

(3) Banners shall be limited in size to 36 
inches in width by 72 inches in length. 

(4) An application for a banner permit may 
be submitted to the Department no earlier than 
90 days prior to the first day for which the 
banner permit is sought. 

(h) No banners may be installed in R (resi- 
dential) districts, excepting RM-4 (residential- 
mixed high density) districts as defined in the 
San Francisco Planning Code, Article 2. 



(i) All banners shall bear the name of the 
installer of the banner and a local or toll-firee 
phone number, labeled "Service Number," where 
citizens may contact or leave word for the in- 
staller of the banner regarding maintenance or 
repair problems with any banner bearing the 
installer's service phone number. This required 
text shall be imprinted and maintained on the 
face or edge of the banner and shall be a mini- 
mum of 2 inches in height. 

(j) Each applicant for a banner permit shall 
pay to the Department of Public Works a process- 
ing fee of $65 for the first 20 banners sought to 
compensate the Department for the cost of pro- 
cessing and administering the permit. An appli- 
cant shall pay a fee of $65 for each 20 additional 
banners sought per application. Processing fees 
for banner requests under 20 banners shall be 
prorated. 

(k) Each applicant for a banner permit shall 
pay to the Department of Public Works an in- 
spection fee of $130 for the first 20 banners 
approved to compensate the Department for the 
cost of enforcing the banner permits. Applicants 
shall pay an inspection fee of $130 for each 20 
additional banners, or fraction thereof, ap- 
proved. 

(1) The procedures to review and adjust the 
fees specified in Section 184.78(k) and Section 
184.78(1) shall be the procedures for fee review 
and adjustment set forth in Section 2.1.2 of the 
Public Works Code. 

(m) Any person violating the provisions of 
this Section or any regulations promulgated by 
the Department of Public Works pursuant to this 
Section, shall be guilty of an infraction. Each 
banner determined to be an infraction is punish- 
able by (1) a fine of $100 for a first violation; (2) 
a fine not exceeding $200 for a second violation 
within one year; (3) a fine not exceeding $500 
and revocation of the permittee's banner permits 
for a third violation within one yeair. 

(n) In addition, a fee equal to the cost of the 
time and materials expended by the Department 
of Public Works may be imposed by the Depart- 
ment of Public Works for investigation of ban- 



Sec. 184.78. San Francisco - Public Works Code 428 

ners being maintained without or in violation of 
a valid permit. Payment of the fees shall be 
directly to the Department of Public Works. 

(1) The person responsible for pa5niient of 
the fee may appeal the amount of the investiga- 
tion fee to the Board of Appeals, subject to its 
filing fees and rules. 

(2) The nonpajnnent of such fee or fine, or 
the continued existence of a condition in viola- 
tion of this Section, shall be grounds for the 
Director of Public Works to deny a permit for a 
banner to the responsible owner or applicant 
until such penalty has been paid and the condi- 
tion corrected. 

(o) At his or her discretion, the Director of 
the Department of Public Works may require 
that a performance bond, not to exceed $25,000 
be posted before a banner permit is granted to 
any permittee who has violated this Section, or 
any of the regulations promulgated by the De- 
partment of Public Works pursuant to this Sec- 
tion, more than three times within the year 
preceding the banner permit request. 

(p) Six months after the effective date of 
this legislation an appropriate committee of the 
Board of Supervisors shall hold a hearing to 
review the status of the City's banner program. 
(Added by Ord. 116-99, File No. 982076, App. 
5/14/99; amended by Ord. 82-00, File No. 000532, 
App. 5/5/2000; Ord. 11-05, File No. 041350, App. 
1/21/2005) 



[The next page is 445] 



ARTICLE 6: STREET IMPROVEMENT PROCEDURE 



Sec. 


185. 


Definition of "Open Public 
Street," Etc.— Powers of 


Sec. 


204. 






Supervisors — Use of General 


Sec. 


205. 






Law Procedures. 






Sec. 


186. 


Improvement — Classes 


Sec. 


206. 






Included. 


Sec. 


207. 


Sec. 


187. 


Preliminary Order of 










Expediency. 


Sec. 


208. 


Sec. 


188. 


Order Declaring Intention to 


Sec. 


209. 






Recommend. 


Sec. 


210. 


Sec. 


189. 


Different Kinds of Work May be 
Included in One Proceeding. 


Sec. 


211. 


Sec. 


190. 


Official Grade — Proceedings on 
Change. 


Sec. 


212. 


Sec. 


191. 


Declaration of Intention Shall 


Sec. 


213. 






Designate District Benefited. 


Sec. 


214. 


Sec. 


192. 


Portion of Expense Paid Out of 










Treasury. 


Sec. 


215. 


Sec. 


193. 


Order Declaring 










Intention-Proceedings . 


Sec. 


216. 


Sec. 


194. 


Protests — Decision of Director. 






Sec. 


195. 


Action on Protest — 


Sec. 


217. 






Recommendation — Diagram . 


Sec. 


218. 


Sec. 


196. 


Recommendation That Work be 


Sec. 


219. 






Done. 


Sec. 


220. 


Sec. 


197. 


Proceedings by Supervisors — 


Sec. 


221. 






Delay, Extent of— Work Ordered 


Sec. 


222. 






by Ordinance. 






Sec. 


198. 


Abandonment of Proceedings — 
Renewal. 


Sec. 


223. 


Sec. 


199. 


Description of Assessment 
District Required. 


Sec. 


224. 


Sec. 


199.1. 


Plans and Specifications 
Prepared. 


Sec. 


225. 


Sec. 


200. 


Notice Inviting Bids — 
Procedure. 


Sec. 


226. 


Sec. 


201. 


Bids and Award — Procedure. 


Sec. 


227. 


Sec. 


202. 


Owners' Election to do Work. 






Sec. 


203. 


Irregularities — Protest — Failure 
to Protest. 


Sec. 


228. 



Failure of Awardee to Enter 
Into Contract. 

Contract — ^Approval and 

Execution. 

Contracts in Triplicate. 

Noncompletion in Time — 

Re-Award — Liability. 

Surety Bond. 

Material and Labor Claims. 

Liens — Enforcement. 

Assignment Not to Defeat 

Claims. 

Disputed Claim — Bond to 

Release. 

Suits Against Surety. 

Certificate of Completion — 

Supervision of Director. 

Method of Assessment — Work 

Done by Owner. 

Warrant — Form — Recordation — 

Lien. 

Objection to Assessment. 

Notice of Appeal. 

Hearing of Appeal. 

Jurisdiction of Supervisors. 

Delivery of Warrant, Etc. 

Warrant Authorizes Collection, 

Return Of. 

Suit on Warrant — Parties — 

Time Limitations. 

Suit to Void Assessment — Time 

Limitation. 

Release of Assessment — Lost 
Warrant — Effect of Records. 
Subdivision of Property — 
Proportionate Assessment. 
Delinquent Assessments — 
Notification — Entry on Tax Bill. 

Assessments Payable in 
Installments — ^Interest. 



445 



San Francisco - Public Works Code 



446 



Sec. 


229. 


Installment Pa3niients — Form of 
Bonds. 


Sec. 


230. 


Effect of Failure to Execute 
Bond. 


Sec. 


231. 


Bonds and Coupons — 
Recordation. 


Sec. 


232. 


Deed to Purchaser if no 
Redemption. 


Sec. 


233. 


Redemption — Disposition of 
Funds. 


Sec. 


234. 


Director to Keep Record of 
Bonds. 


Sec. 


235. 


Nonexecution or Invalid Bond — 
Lien Rights. 


Sec. 


236. 


Bond May be Executed after 
Expiration of Time. 


Sec. 


237. 


Assessment Exceeding $200. 


Sec. 


238. 


Reassessment — Circumstances 
Under Which Made. 


Sec. 


239. 


Reassessment — Procedure. 


Sec. 


240. 


Substitute for Director of Public 
Works or City Engineer. 


Sec. 


241. 


Notices and Affidavits — 
Service — Publication. 


Sec. 


242. 


Duty of Director Regarding 
Publication, Posting, Etc. 


Sec. 


243. 


"Incidental Expenses," 
Definition of — Demands. 


Sec. 


244. 


"Street" and "Places," 
Definitions of. 


Sec. 


245. 


Postponements of Hearings not 
to Affect Jurisdiction — Notice. 


Sec. 


246. 


Irregularities not to Invalidate 
Proceedings. 


Sec. 


247. 


Pending Proceeding — 
Construction. 



SEC. 185. DEFINITION OF "OPEN 
PUBLIC STREET," ETC—POWERS OF 
SUPERVISORS—USE OF GENERAL LAW 
PROCEDURES. 

All streets, avenues, lanes, alleys, courts, 
places, public ways, property, rights of way, tide- 
lands and submerged lands, in the City and 
County of San Francisco, now open or dedicated 



or which hereafter may be opened or dedicated to 
public use, and any property in said City and 
County for the immediate possession and use of 
which, as right of way required for public use, an 
order has or shall have been obtained pursuant 
to Sections 14 £md 14V2, Article I, California 
Constitution, and all tidelands and submerged 
lands which have been or hereafter may be 
grsmted by the State of California to said City 
and County, shall be deemed and held to be open 
public streets, avenues, lanes, alleys, courts, 
places, public ways, property or rights of way 
owned by said City and County, for the purposes 
of this Article, and the Board of Supervisors of 
said City and County is hereby empowered to 
establish and change the grades of all said ways, 
properties and rights of way and fix the width 
thereof, and is hereby invested with jurisdiction 
to order to be done therein, thereover or thereon, 
either singly or in any combination, pursuant to 
the proceedings hereafter described, or pursuant 
to general law, including the Improvement Act of 
1911 and the Municipal Improvement Act of 
1913, and any and all of the work or improve- 
ments mentioned in this Article or in such gen- 
eral laws, and to issue bonds as authorized 
hereby or by such general laws including Im- 
provement Act of 1911 and Improvement Bond 
Act of 1915. The words, public ways, when used 
in this Article shall be deemed to include all the 
existing and future property of said City and 
County hereinabove mentioned. The word, Su- 
pervisors, when used in this Article, will refer to 
the Board of Supervisors of the City and County 
of San Francisco. (Amended by Ord. 201-81, App. 
4/24/81) 



SEC. 186. IMPROVEMENT— CLASSES 
INCLUDED. 

The Supervisors, pursuant to the procedure 
in this Article prescribed, are hereby empowered 
to order the whole or any portion or portions, in 
either length or width, of any one or more of said 
public ways to be improved by or have con- 



447 



Street Improvement Procedure 



Sec. 188. 



structed therein, thereover or thereon either 
singly or in any combination, any of the following 
work: 

(a) The grading or regrading, paving or re- 
paving, planking or replanking, macadamizing 
or remacadamizing, graveling or regraveling, 
oiling or re-oiling, piling or repiling, capping or 
recapping, repairing or reconstruction thereof; 

(b) The filling of excavations therein; 

(c) The construction or reconstruction of side- 
walks, crosswalks, steps, safety zones, plat- 
forms, seats, statuary, fountains, parks and park- 
ways, culverts, bridges, curbs, gutters, tunnels, 
subways or viaducts; 

(d) Sanitary sewers or instrumentalities of 
sanitation, together with the necessary outlets, 
cesspools, manholes, lamp holes, catch basins, 
flush tanks, septic tanks, disposal plants, con- 
necting sewers, side sewers, ditches, drains, con- 
duits, tunnels, channels and other appurte- 
nances; 

(e) Drains, tunnels, sewers, conduits, cul- 
verts and channels for drainage purposes, with 
necessary outlets, cesspools, manholes, lamp holes, 
catch basins, flush tanks, septic tanks, disposal 
plants, connecting sewers, side sewers, ditches, 
drains, conduits, channels and appurtenances; 

(f) Viaducts, conduits, water pipes, water 
connections and appurtenances and subways; 

(g) Poles, posts, wires, pipes, conduits, tun- 
nels, lamps and other suitable or necessary ap- 
pliances for the purpose of lighting said public 
ways or other property owned by said City and 
County; 

(h) Pipes, hydrants and appliances for fire 
protection; 

(i) Breakwaters, levees, bulkheads, retain- 
ing walls and walls of rock or other material to 
protect said public ways and other property in 
said City and County from overflow by water; 

(j) Retaining walls, embankments and other 
structures necessary or suitable in connection 
with any of the work in this Section mentioned; 

(k) The planting of trees, shrubs or any 
other ornamental vegetation; 



(1) The installation of appliances for regu- 
lating traffic of pedestrians and vehicles and all 
other traffic, together with all requisite cables, 
wires, conduits and all other instrumentalities 
necessary or proper for the operation of such 
appliances; 

(m) All other work necessary or suitable to 
improve the whole or any portion of said public 
ways; 

(n) All other work auxiliary to any of the 
work above mentioned, which may be necessary 
or convenient for the performance of the same. 

SEC. 187. PRELIMmARY ORDER OF 
EXPEDIENCY. 

Exhibit Plan or Plans. When, in the judg- 
ment of the Director of Public Works of said City 
and County, public interest or convenience re- 
quires that any of the work mentioned in this 
Article be done, the expense of the whole or any 
part of which is to be assessed upon private 
property, and said Director deems the same 
expedient, he may by written order declare such 
expediency and briefly describe such work. Said 
Director shall cause to be preserved in the office 
of the Depeirtment of Public Works in permanent 
and appropriate form a written record of all acts 
pursuant to the procedure prescribed in this 
Article including all orders made by him hereun- 
der, so that at all times during business hours 
there shall be open to the public a complete 
written record of all acts pursuant hereto. All 
orders of said Director pursuant hereto shall be 
identified by his signature. Upon making any 
such order of expediency, said Director shall 
cause to be prepared exhibit plan or plans, suf- 
ficient to give reasonable notice to the owners of 
the property liable to be assessed of the nature 
and extent of the proposed work. (Amended by 
Ord. 321-69, App. 11/10/69) 

SEC. 188. ORDER DECLARING 
INTENTION TO RECOMMEND. 

At any time after the exhibit plan or plans for 
the contemplated work shall have been pre- 
pared, said Director may make an order declar- 
ing his intention to recommend to the Supervi- 



Sec. 188. 



San Francisco - Public Works Code 



448 



sors that they order to be done the work described 
in his order declaring the expediency thereof, or 
some part or modification of such work. 

(a) Designation of Contemplated Work. 
Said order declaring his intention shall refer to 
the public way affected, by its lawful or official 
name, or the name by which it is commonly 
known. When the contemplated work is not upon 
a public street or thoroughfare, the order shall 
briefly describe the property or right of way on 
which the work is to be done. Said order will be 
sufficient if it states in general terms the kind of 
work contemplated, such as grading, paving, 
sewering or other improvements, gives in gen- 
eral the location of the proposed improvement 
and refers to the exhibit plan or plans therefor, 
for a description of the proposed work. 

(b) Notice of Time of Hearing. Said order 
declaring the intention of said Director shall also 
contain a notice of the day, hour, and place when 
and where any and all persons having any objec- 
tions to the proposed work may appear before 
said Director and show cause why said proposed 
work should not be done in accordance with said 
order declaring the intention of said Director. 
Said time shall not be less than 15 days or more 
than 30 days from the date of making said order 
of intention. (Amended by Ord. 321-69, 11/10/69) 

SEC. 189. DIFFERENT KINDS OF WORK 
MAY BE INCLUDED IN ONE 
PROCEEDING. 

Said Director may include in one proceeding, 
under one order declaring his intention and in 
one contract, any of the different kinds of work 
mentioned in this Article on any number of 
public ways, contiguous or otherwise, and he 
may except therefrom any of such work already 
done. 

SEC. 190. OFFICIAL GRADE- 
PROCEEDINGS ON CHANGE. 

The grade to which any work shall be done 
shall be such as may be shown on the exhibit 
plan or plans therefor, or it may be done on such 
a grade as may formally have been established 
by the Supervisors. If any official grade already 
has been established for any of the public ways 



proposed to be improved, it shall be lawful for the 
order of said Director declaring his intention, to 
provide that said work shall be done to new 
grades or grades different from those so estab- 
lished, and said order shall refer to exhibit plan 
or plans for the description of the grade at which 
the work is to be done. Any property owner 
whose property is to be assessed to pay the costs 
of the proposed work may at the time fixed in 
said order for hearing objections appear before 
said Director and object to the proposed grade or 
proposed modification of grade. A failure to make 
objection at such time shall be deemed to be a 
waiver of all objections to the proposed grade or 
proposed change of grade and shall operate as a 
bar to any claims for damages or any subsequent 
action looking to the prevention of the work or 
the recovery of damages on account of the per- 
formance of the work to such grade or changed 
grade. The provisions of this Section relative to 
grades are alternative and do not affect other 
provisions of law relative to change of grade. 
(Amended by Ord. 321-69, App. 11/10/69) 

SEC. 191. DECLARATION OF 
INTENTION SHALL DESIGNATE 
DISTRICT BENEFITED. 

Said Director shall make the expense of such 
work chargeable upon the district in his opinion 
benefited by such work. In his said order declar- 
ing his intention he shall describe such district 
and declare it to be the district which will be 
benefited by such work. Such district may be 
described in such order by stating the exterior 
boundaries thereof, or by giving a description 
thereof according to any official or recorded map 
or maps, or by referring to the maps or block 
books customarily used by the Assessor and Tax 
Collector for City and County assessment or tax 
collection purposes, or by referring to a plat or 
map which shall be on file in the office of said 
Director at the time of making the order declar- 
ing his intention; said last mentioned plat or 
map shall indicate by a boundary line the extent 
of the territory included in the proposed district, 
and, if referred to as hereinabove provided for, 
shall govern for all details as to the extent oiP 
such assessment district. 




449 



Street Improvement Procedure 



Sec. 193. 



When two or more public ways, not contigu- 
ous or directly connected, are to be improved 
under the same proceeding, such number of 
districts may be provided for therein as shall be 
deemed by said Director to be expedient. 

SEC. 192. PORTION OF EXPENSE PAID 
OUT OF TREASURY. 

Said Director may, if he deem it advisable, 
and when there is an unexpended and unencum- 
bered balance in any fund in the City and County 
Treasury which has been appropriated for such 
general purpose, and the written consent of the 
Chief Administrative Officer and Controller has 
been obtained, recommend to the Supervisors 
that not to exceed % of the expense of any of the 
work mentioned in this Article shall be paid out 
of said Treasury from such unexpended and 
unencumbered balance. Said Director shall state 
the fact of such intended recommendation in his 
order declaring his intention to recommend that 
the work be done, specifying in such order the 
amount so to be recommended for pajrment from 
the Treasury. 

(a) Procedure. If the Supervisors follow 
the recommendation in whole or in part they 
shall appropriate for such purpose, in the ordi- 
nance ordering the work, the amount so recom- 
mended, or such part thereof as they shall con- 
sent to; provided, however, that no such 
appropriation shall be made until the provisions 
of Section 86 of the Charter of said City and 
County shall have been complied with. The 
amount so to be paid from the Treasury shall be 
payable at such time or times as shall be speci- 
fied in the notice calling for sealed proposals for 
the work. 

Whenever any of the expense of such work is 
so ordered to be paid out of the Treasury said 
Director in making up the assessment provided 
for in this Article, shall, unless the Supervisors 
in said ordinance otherwise provide, and except 
as otherwise provided in SubSection (d) of Sec- 
tion 215, of this Article, first deduct from the 
whole expense of such work the amount so or- 
dered to be paid out of the Treasury, and shall 



assess the remainder of said expense upon the 
parcels of land liable to be assessed therefor in 
the manner provided in this Article. 

(b) No Limitation. This Section shall not 
be construed as a limitation upon the power of 
the Supervisors to make an appropriation from 
the Treasury at any other time or in any other 
manner to pay not to exceed % of the cost of any 
work mentioned in this Article. 

SEC. 193. ORDER DECLARING 
INTENTION— PROCEEDINGS. 

A copy of the order of said Director declaring 
his intention to recommend to the Supervisors 
that they order work to be done shall be pub- 
lished for one day in the official newspaper of 
said City and County. Such publication shall be 
made at least 10 days before the date fixed in 
said order for hearing thereon by said Director. A 
copy of said order shall be posted in the office of 
said Director at least 10 days before the date 
named in said order for action thereon by said 
Director. 

(a) Notice Requirements. Said Director 
shall cause notices of the making of said order to 
be conspicuously posted along all the streets 
within the district chargeable for the expense of 
the work, at not more than 300 feet in distance 
apart, on each street so posted, but not less than 
three on each street in such district. 

No proceeding shall ever be held invalid for 
failure to post any street or streets, as in this 
Section provided, if the provision of this Section 
has been substantially complied with. All posting 
hereby prescribed must be completed at least 10 
days before the day set for hearing on said order 
of said Director declEiring his intention. 

Said notice shall be headed "Notice of Im- 
provement" in letters of not less than one inch in 
height, and shall, in legible characters, state the 
fact of the adoption of such order of said Director 
declaring his intention, its date, and shall briefly 
describe the work proposed to be done, and shall 
refer to said order of said Director for further 
particulars. Said notices shall also set out the 
proposed district to be assessed to pay the ex- 
pense of such work. Said district shall be de- 



Sec. 193. 



San Francisco - Public Works Code 



450 



scribed in the same manner in which it shall be 
described in the order of said Director declaring 
his intention as provided for in Section 191 of 
this Article. Said notices shall also state that it is 
proposed to assess the property within such 
district to pay the total or partial expense of such 
work, as the case may be. Said notices shall also 
state that all objections to the proposed work or 
district or otherwise must be filed, in writing, 
with said Director before the day fixed in his said 
order for action thereon, or must be made orally 
on said day, or on the day to which action on said 
order may be postponed. The day, hour and place 
fixed in said order for action thereon shall also be 
indicated in said notices. 

(b) Mailing Requirements. The Secretary 
of the Department of Public Works shall cause to 
be mailed, at least 10 days prior to the hearing, 
postage prepaid, a copy of such order to each 
property owner whose name appears upon the 
assessment book of the City and County current 
at the time of the making of such order, and 
whose property is to be assessed for the proposed 
work or improvement. In case any lot, piece or 
parcel of land liable to be assessed for such work 
or improvement be assessed on such assessment 
book to "unknown owners," then no copy of such 
order need be mailed to the owner thereof. 

The mailing of such copy of such order shall 
be to the address as the same appears upon the 
said assessment book as indicating the address 
of the owner of the property to be assessed for 
such work or improvement; and in case no such 
address appears upon said assessment book, 
then the mailing of such copy may be made 
either to an address designated in the last issue 
of the City directory having relation to a name 
corresponding to that of such owner, if such a 
name appear therein, or to an address obtain- 
able from any other probably reliable source of 
information that may be conveniently available 
to the person performing such mailing to such 
owner may be made to the general delivery of the 
post office at the City and County. 

The Supervisors, before ordering the contem- 
plated work to be done or improvement made, 
may, if they deem it advisable, require an affida- 



vit to be filed showing that the foregoing require- 
ment for the mailing of such copies of the said 
order has been complied with. Such affidavit 
showing such mailing shall be conclusive of the 
facts therein recited. 

Such requirement for such mailing of the 
copies of the order of intention shall not be 
deemed jurisdictional, and the failure of the said 
property owners, or any of them, to receive said 
copies of the said order, or any error or omission 
in relation to the said mailing of the same, shall 
in nowise affect the validity of the proceeding or 
prevent the Supervisors from acquiring jurisdic- 
tion to order the proposed work or improvement. 
Knowledge of the making of such order of inten- 
tion acquired by any such owner, prior to the 
date of action thereon, in any manner other than 
by mailing to him a copy of such order, shall be 
deemed the equivalent of such mailing for all 
purposes to be subserved thereby. 

SEC. 194. PROTESTS— DECISION OF 
DIRECTOR. 

At any time before the day fixed in said order 
of said Director for action thereon by said Direc- 
tor, any owner of, or person interested in, prop- 
erty liable to be assessed for the proposed work, 
or the duly authorized representative of such 
owner, or other person, in his behalf, may make 
written protest against the same or to the extent 
of the district to be assessed therefor, or both, or 
make any other protest with regard thereto. 
Such protest must be in writing, contain a de- 
scription of the property in which each signer 
thereof is interested, sufficient to identify the 
same, set forth the nature of his interest therein, 
and delivered to the Department of Public Works 
of said City and County, the Secretary or a clerk 
of which shall endorse thereon the date of receipt 
thereof. No other protests or objections shall be 
considered by said Director, except oral protests 
made at the time at which said Director conducts 
the hearing mentioned in his said order. At the 
time set for hearing protests said Director may 
publicly postpone action on his said order from 
time to time, and all persons interested shall be 
deemed to have notice of such postponement and 
shall be governed thereby. The decision of said 



451 



Street Improvement Procedure 



Sec. 197. 



Director on all such protests shall be final and 
conclusive except in case of appeal to the Super- 
visors as in this Article hereinafter provided for. 

SEC. 195. ACTION ON PROTEST— 
RECOMMENDATION— DIAGRAM. 

If any protest against such proposed work or 
proposed district or any other protest be sus- 
tained by said Director, he shall not thereby be 
prevented from commencing proceedings anew 
hereunder which shall embrace the same work 
and/or the same district or any part or parts of 
either or both thereof; and new proceedings may 
be had the same as if all such prior proceedings, 
no matter how many times instituted, had never 
been commenced. 

If no protests be made against such proposed 
district, or if all protests made against the same 
be overruled by said Director, said Director shall 
accompany his recommendation to the Supervi- 
sors that the proposed work be ordered, with a 
diagram on which shall be delineated each sepa- 
rate parcel of land with the limits of such assess- 
ment district, the approximate dimensions of 
each such parcel, and its relative location to the 
work proposed to be done. The correctness of 
such diagram shall be certified by the City En- 
gineer. Instead of said diagram said Director 
may accompany his said recommendation to the 
Supervisors with a description of such proposed 
district. 

SEC. 196. RECOMMENDATION THAT 
WORK BE DONE. 

If the protests to any proposed work or pro- 
posed district or other protests be all overruled, 
or if no protests be made, said Director shall, 
within five days from the date of his action upon 
his said order declaring his intention, make an 
order recommending to the Supervisors that 
they order such work to be done, and said Direc- 
tor shall cause a copy of said last mentioned 
order to be transmitted to the Supervisors. 

(a) Appeal to Supervisors — Procedure. 

When any protests by persons having any inter- 
est in the property to be assessed have been 
overmled by said Director, an appeal may be 
taken separately by each such protestant to the 



Supervisors from the decision of such Director. 
Each such appeal shall be in writing, and shall 
be signed by each protestant participating therein 
with his place of residence set down opposite his 
signature and with a description of the property 
in which he is interested sufficient for identifi- 
cation of the same. Such appeal must be filed in 
the office of the Clerk of the Supervisors within 
10 days from the date of said Director's order 
recommending to the Supervisors that the work 
be ordered done, and a copy of such appeal must 
be filed in the office of said Director of Public 
Works within two days after the date of filing 
such appeal with the Clerk of the Supervisors. 
No appeal shall be considered by the Supervisors 
unless the same be taken and perfected in the 
manner and within the time herein provided. 

(b) Order Overruling Protests. When said 
Director has overruled all such protests, he shall 
within five days after the date of such action 
make his order reciting such action, and therein 
recommend to the Supervisors that they order 
the proposed work to be done and approve the 
proposed assessment district and transmit a 
copy of such order to the Supervisors. 

(c) Hearing of Appeal — ^Notice. When an 
appeal or appeals shall have been taken as 
herein provided, the Supervisors shall fix a time 
for hearing the same. The Clerk of the Supervi- 
sors shall thereupon notify the persons filing 
such an appeal or appeals of the time fixed for 
the hearing by mailing a notice thereof, postage 
prepaid, addressed to each of said persons at his 
address as given in such notice of Appeal. The 
affidavit of said Clerk of said mailing shall be 
conclusive of the fact. 

At the time so fixed for hearing the appeal, 
the Supervisors shall hear and pass upon the 
same. Such hearing may be continued from time 
to time and all persons interested shall be deemed 
to have notice thereof and shall be governed 
thereby. 

SEC. 197. PROCEEDINGS BY 
SUPERVISORS— DELAY, EXTENT OF— 
WORK ORDERED BY ORDINANCE. 

The Supervisors, if they do not deny such 
appeal, may by resolution delay further proceed- 



Sec. 197. 



San Francisco - Public Works Code 



452 



ings in relation to the proposed work for not 
more than one year from the date of the adoption 
of such resolution. Upon petition of the appel- 
lants the Supervisors may continue with the 
proceedings from time to time during said period 
of delay. 

Upon expiration of the period of delay so 
fixed by the Supervisors, said Director may again 
recommend to the Supervisors that the proposed 
work be done and the proposed district be con- 
firmed, and thereupon the Supervisors, after 
notice to the appellants as provided for in Sec- 
tion 196 of this Article, shall order the work to be 
done and the boundaries of the proposed district 
confirmed or may declare an abandonment of all 
proceedings theretofore had in the manner. 

The ordering of any proposed work and con- 
firmation of any proposed district shall be by 
ordinance. 

SEC. 198. ABANDONMENT OF 
PROCEEDINGS— RENEWAL. 

Said Director, at any stage of the proceedings 
for any proposed work, prior to action by the 
Supervisors upon his recommendation that they 
order the same done, may by order abandon any 
or all proceedings theretofore had in relation to 
such proposed work; and said Director may com- 
mence said proceedings anew and continue the 
same from any part of said proceedings not so 
abandoned. If said Director abandons any or all 
proceedings after his making an order of recom- 
mendation and before action thereon by the 
Supervisors, he shall cause notice of such fact 
forthwith to be transmitted to the Supervisors, 
and the Supervisors shall take no action upon 
the recommendation in such case. 

If the Supervisors pass an ordinance order- 
ing any proposed work pursuant to this Article, 
they may upon recommendation of said Director 
repeal such ordinance ordering work. 

Said Director, from time to time after he has 
abandoned any proceedings for any proposed 
work pursuant to this Article, may institute and 
continue proceedings hereunder for the work 
theretofore proposed and abandoned, or for such 
work or modified work as he may determine the 



public interest or convenience requires, all in 
accordance with the procedure prescribed in this 
Article. 

SEC. 199. DESCRIPTION OF 
ASSESSMENT DISTRICT REQUIRED. 

The ordinance ordering the work to be done 
and approving the assessment district shall con- 
tain a description of the assessment district 
similar to that contained in said order of said 
Director declaring his intention. In all other 
ordinances, resolutions, notices, orders and de- 
terminations, subsequent to said order of said 
Director declaring his intention and subsequent 
to the notices of hearing thereon, except the 
notices of recordation in the Department of Pub- 
lic Works of the assessment hereinafter provided 
for, it shall not be necessary to describe the 
assessment district, but it shall be sufficient to 
refer to said order of said Director declaring his 
intention for a description of the work and a 
description of the assessment district. 

SEC. 199.1. PLANS AND 
SPECIFICATIONS PREPARED. 

After the Supervisors, pursuant hereto, have 
passed an ordinance ordering work to be done, 
said Director shall cause specifications, or plans 
and specifications be prepared for the proposed 
work, as shown on the exhibit plan or plans. 
(Added by Ord. 321-69, App. 11/10/69) 

SEC. 200. NOTICE INVITING BIDS- 
PROCEDURE. 

After the specifications, or plans and specifi- 
cations have been prepared, said Director shall 
cause a notice to be published for two consecutive 
days in the official newspaper and posted con- 
spicuously in his office for a period of not less 
than 10 days, inviting sealed proposals for the 
contemplated work. 

(a) Time and Place for Receiving Bids. 

Said notice shall invite sealed proposals for the 
contemplated work to be delivered to said Direc- 
tor at his office, or at a place to be designated by 
him in said notice, on a day and during an hour 
to be specified therein, which shall be not less 
than 10 days after the date of last publication of 



453 



Street Improvement Procedure 



Sec. 201. 



said notice as hereinabove provided and after the 
first day of said posting of said notice. Said notice 
shall contain a description of the proposed work 
substantially similar to that contained in the 
order of said Director declaring his intention to 
recommend that the Supervisors order the same 
to be done. Said notice shall also contain a 
reservation of the right to reject any and all bids, 
and shall specify the period of time within which 
the work is to be completed after the date of 
execution of the contract therefor and the amount 
of the bond to be given by the awardee of the 
contract for faithful performance, public liability, 
and property damage of the same. 

Reference to the specifications, or plans and 
specifications for the proposed work shall also be 
incorporated in and notice for further informa- 
tion concerning the details of the proposed work. 
(Amended by Ord. 321-69, App. 11/10/69) 

SEC. 201. BIDS AND AWARD- 
PROCEDURE. 

All proposals shall be made upon printed 
forms to be prepared by said Director and fur- 
nished gratuitously upon application. 

Every proposal made shall be accompanied 
by a corporate surety bond or a check certified by 
a responsible bank, payable to the order of said 
City and County for an amount not less than 10 
per centum of the aggregate of the proposal, and 
no proposal shall be considered unless accompa- 
nied by such bond or check. 

No person, firm or corporation shall make, 
file or be interested in more than one bid for the 
same improvement. If on the opening of bids 
more than one bid appears in which the same 
person, firm or corporation is interested, all said 
last mentioned bids shall be rejected. 

On the day and during the hour specified in 
said notice inviting sealed proposals, said Direc- 
tor shall be in his office, or in the place desig- 
nated by him in said notice, and all bids shall be 
delivered to him within the hour named in said 
notice. No bid not so delivered to him shall be 
considered. Each bid as it shall be received shall 
be numbered and marked "Filed" by said Direc- 
tor and authenticated by his signature. At the 



expiration of the hour stated in said notice, said 
Director shall publicly open, examine and de- 
clare the same and an abstract of each bid shall 
be recorded in a public register to be kept by said 
Director for such purpose. Said Director shall 
immediately compare the bids with the record so 
made, and shall thereupon or at such other time 
not exceeding 20 days thereafter award the con- 
tract for the work to the lowest reliable and 
responsible bidder, except as otherwise herein 
provided. Notice of such award shall be caused to 
be posted for five days by said Director in some 
conspicuous place in the office of the Department 
of Public Works and such notice shall be pub- 
lished once in the official newspaper. Said Direc- 
tor may reject any and all bids and may reject 
the bid of any bidder who has been delinquent or 
unfaithful in any former contract with said City 
and County and must reject all bids other than 
the bid of the lowest reliable and responsible 
bidder; and, on accepting said lowest bid, he 
shall thereupon return to the proper parties the 
bonds or checks corresponding to the bids so 
rejected. If all the bids are rejected said Director 
shall return all the bonds or checks to the proper 
parties and may again invite sealed proposals for 
the proposed work as in the first instance. 

The bond or check accompanying the ac- 
cepted bid shall be held by said Director until the 
contract for doing said work as hereinafter pro- 
vided has been entered into, either by said low- 
est bidder, or by owners as hereinafter provided, 
whereupon said corporate surety bond or certi- 
fied check shall be returned to said bidder. If said 
bidder fails, neglects or refuses to enter into a 
contract to perform the work as in this ordinance 
hereinafter provided then the corporate surety 
bond or certified check accompanying his bid and 
the amount therein mentioned shall be declared 
by order of said Director to be forfeited to said 
City and County, and the proceeds thereof shall 
be collected by the Treasurer and paid into the 
treasury of said City and County and credited to 
the item or items of the annual appropriation for 
the improvement of streets and sewers, unless 
said Director, or the Supervisors on appeal, duly 
remit such forfeiture. 



Sec. 202. 



San Francisco - Public Works Code 



454 



SEC. 202. OWNERS' ELECTION TO DO 
WORK. 

The owners of at least ^U of the assessable 
area of the assessment district shall not be 
required to present sealed proposals, but may 
upon making an oath that they are such owners, 
within 10 days after the publication of the notice 
of award, elect to enter into a written contract 
with said director to do the whole work specified 
in said award at the price or prices at which the 
same has been awarded. 

Should such owners not enter into such a 
contract for said work within said time the 
awardee to whom the contract has been awarded 
shall enter into a contract for said work within 
seven days after the expiration of the time within 
which said owners might have entered into a 
contract for the same. 

SEC. 203. IRREGULARITIES- 
PROTEST— FAILURE TO PROTEST. 

At any time within five days from the date of 
the publication of the notice of award hereunder 
of a contract for work, any owner of, any other 
person having any interest in, any parcel of land 
liable to be assessed for such work, who claims 
that any of the previous acts or proceedings 
relating to said work are irregular, defective, 
erroneous or faulty, may file in the office of said 
Director of Public Works a written notice speci- 
fying in what respect or respects said acts or said 
proceedings are irregular, defective, erroneous or 
faulty. Said notice shall state that it is made 
pursuant to this Section, and shall contain the 
address of the person filing the same, and a 
description of the property owned by or in which 
he is interested sufficient to identify the same. 

All objections to any act or proceeding occur- 
ring prior to the time within such objections are 
permitted to be filed in relation to said work, not 
made in writing and in the manner and at the 
time aforesaid, shall be deemed waived. 

SEC. 204. FAILURE OF AWARDEE TO 
ENTER INTO CONTRACT. 

If the original awardee fails or refuses, for 17 
days after the publication of the notice of award. 



to enter into the contract, when the same in due 
form has been presented to him for execution by 
said Director, then said Director, without further 
proceedings shall again advertise for and receive 
bids, as in the first instance, and award the 
contract for the work to the then lowest reliable 
and responsible bidder. Should no bids be re- 
ceived in response to such second call, said 
Director may again advertise for and receive bids 
under the same proceedings at any time within 
six months from the time set for the first recep- 
tion of bids, and let the contract to the then 
lowest reliable and responsible bidder, and such 
delay shall in no way affect the validity of any of 
the proceedings or assessments levied thereun- 
der. The bids of all persons and the election of all 
owners aforesaid, who have failed to enter into a 
contract as in this Article provided, shall be 
rejected in or upon any bidding subsequent to 
the first bidding for such work. 

SEC. 205. CONTRACT— APPROVAL AND 
EXECUTION. 

Every contract in this Article referred to shall 
be executed by said Director on behalf of said 
City and County. The Chief Administrative Of- 
ficer of said City and County shall also approve 
by his signature every such contract which in- 
volves the expenditure of over $2,000. Whenever 
in any such contract the City and County is 
obligated to pay any portion of the contract price, 
the Controller also shall approve such contract 
by his signature. 

SEC. 206. CONTRACTS IN TRIPLICATE. 

Every contract entered into by said Director, 
pursuant to the provisions of this Article, shall 
be signed by the other contracting party. Every 
such contract shall be signed in triplicate by all 
parties. One of said triplicates, together with the 
specifications or plans and specifications, as the 
case may be, of the work to be done under such 
contract, shall be kept in the office of said Direc- 
tor; another of said triplicates, with such plans 
and specifications, shall be delivered to the con- 
tractor or contracting owners referred to in Sec- 
tion 202 of this Article, and the third triplicate 
shall be delivered to the Controller. 

(a) Surety Bond or Certified Check Re- 
quired. At the time of execution of the contract 
by the contractor, or said contracting owners, he 



455 



Street Improvement Procedure 



Sec. 209. 



or they, as the case may be, shall execute to said 
City and County, and deliver with the contract, a 
bond in a sum named in the notice calling for 
bids, executed by a sm-ety company authorized to 
do business in this state, or they shall deposit 
with said Director a certified check upon some 
solvent bank for said amount, all for the faithful 
performance of the contract. 

The contract shall specify the time within 
which the work shall be completed, which shall 
be the same as that specified in the notice 
inviting bids therefor. Said Director may by 
order grant extensions of time within which to 
complete the work. 

(b) Extension of Time and Liquidated 
Damages. An extension of time may be granted 
after the expiration of the time fixed in the 
contract, or as extended as herein provided, and 
the extension so granted shall be deemed to 
commence and be effective from the date of such 
expiration. 

Failure of said Director to grant an extension 
or extensions of time as herein provided for shall 
not affect the rights of the contractor beyond a 
reasonable deduction from the contract price for 
any damage sustained by reason of delay in the 
performance of the contract. 

No such extension or extensions of time 
granted by said Director for completion of the 
work shall operate to relieve any surety or sure- 
ties on any bond from the liabilities assumed in 
or by such bond; nor shall any assignment of the 
contract qualify or change any such liability. 

The contract shall provide for the pajnnent of 
agreed liquidated damages by the reduction in 
the amount of assessment to the property own- 
ers within the assessment district for every cal- 
endar day after the expiration of the date fixed in 
the contract for completion of the work, or as 
extended as herein provided, during which such 
work shall not have been completed. (Amended 
by Ord. 171-62, App. 6/27/62) 

SEC. 207. NONCOMPLETION IN TIME— 
RE-AWARD— LIABILITY. 

If the owners or the awardee, who have 
entered into such a contract, do not complete the 



same within the time limited in the contract, or 
such extended time as in this Article provided 
for, said Director may re-award the whole or the 
unfinished portion of said work, as the case may 
be, in accordance with the procedure in this 
Article prescribed for inviting proposals and 
awarding the contract. In such event, said own- 
ers or awardee shall be debarred from again 
entering into a contract to do said work or the 
unfinished portion thereof. 

If said owners or the awardee fail or refuse to 
complete the contract entered into, and said 
Director re-awards the whole work or the incom- 
plete portion thereof at a price in the aggregate 
exceeding that at which the work was originally 
awarded, the bond for faithful performance of 
the contract, in this Article hereinbefore pro- 
vided for, shall be liable for any excess, resulting 
from such failure or refusal, of any assessment 
levied against any parcel of land for the expense 
of the work over what it would have been, had 
the original contract been performed; provided 
the original contract has not been canceled by 
ordinance of the Supervisors. 

SEC. 208. SURETY BOND. 

Every contractor, including contracting own- 
ers, to whom is awarded a contract for street 
work hereunder, shall upon the execution of such 
contract file with said Director a bond, approved 
by him, in a sum not less than V2 of the total 
amount payable under the contract; such bond 
shall be executed by an authorized corporate 
surety able to justify in the manner provided by 
law; such bond must provide that if the contrac- 
tor, or his, its or their sub-contractors, fail to pay 
for any materials or provisions, or the reasonable 
rental value of items, implements or machinery 
used in, upon, for or about the performance of the 
work contracted to be done, or for any work or 
labor of any kind done directly thereon or there- 
for, that the surety will pay the same, to an 
amount not exceeding the sum specified in such 
bond. 

SEC. 209. MATERIAL AND LABOR 
CLAIMS. 

Any laborer, materialman, person, company 
or corporation furnishing any of the items men- 



Sec. 209. 



San Francisco - Public Works Code 



456 



tioned in Section 208 of this Article used in, 
upon, for or about, or contributing to, the perfor- 
mance of the work contracted to be done, and 
whose claim has not been paid may, at any time 
within 10 days from the date of recordation of the 
assessment in the Department of Public Works, 
file in said department a verified statement of 
his, its or their claim, together with a statement 
that the same or some part thereof has not been 
paid. 

SEC. 210. LIENS— ENFORCEMENT. 

Every person and corporation entitled to the 
benefit of Sections 208 and 209 of this Article 
shall severally have a first lien against the 
assessment, any partial assessment, any reas- 
sessment and any bonds issued to represent any 
such assessment or reassessment, which lien 
may be enforced in the Superior Court, in and for 
said City and County, according to the custom 
and practice of such court. Such action must be 
commenced within 30 days from the date of filing 
such verified statement. 

SEC. 211. ASSIGNMENT NOT TO 
DEFEAT CLAIMS. 

No assignment by the contractor of the whole 
or any part of the money or of such assessment, 
partial assessment, reassessment and/or bonds 
due or to become due him under the contract, or 
for extras in connection therewith, whether made 
before or after such verified claim is filed, shall 
be held to take priority over claims filed under 
Sections 209 and 210, inclusive, of this Article, 
and all such assignments shall have no effect in 
so far as claims hereunder are concerned. 

SEC. 212. DISPUTED CLAIM— BOND TO 
RELEASE. 

If any person or corporation against whom 
any such claim is filed shall dispute its correct- 
ness or validity said Director may permit the 
contractor to whom the contract was awarded by 
said Director, or his assignee, to deliver to him a 
bond executed by a corporation authorized to 
issue surety bonds in the State of California, in a 
penal sum equal to IV4 times the amount of such 
cleiim; said bond shall guarantee the payment of 



whatever sum such claimant may recover in an 
action on said claim. Upon the filing of such a 
bond, said Director may release such moneys, 
assessments, partial assessments, reassessments 
and/or bonds to which such contractor, or his 
assignees, otherwise shall be entitled. The sure- 
ties upon such last mentioned bond shall be 
jointly and severally liable, with the sureties 
upon the bond mentioned in Section 208 of this 
Article to such claimant. 

SEC. 213. SUITS AGAINST SURETY. 

Suits against the surety or sureties on the 
bonds mentioned in Sections 208 to 212, inclu- 
sive, of this Article may be brought by any 
claimEint or his assigns, at £my time after the 
claimant has ceased to perform labor or furnish 
materials or both and until the expiration of 150 
days after the period within which verified claims 
may be filed as in this Article provided. The filing 
of such a verified claim shall not be a condition 
precedent to the maintenance of an action against 
the surety or sureties on the bond mentioned in 
Section 208 of this Article and an action on said 
bond may be maintained independently of any 
other action whatsoever. Upon the trial of any 
action mentioned in Sections 208 to 213, inclu- 
sive, of this Article the court shall award to the 
prevailing party a reasonable attorney's fee to be 
taxed as costs. 

SEC. 214. CERTIFICATE OF 
COMPLETION— SUPERVISION OF 
DIRECTOR. 

All work in this Article provided for must be 
done under the supervision and to the satisfac- 
tion of said Director; and said Director shall 
require all materials used in such work to be in 
accordance with the specifications therefor; and 
all contracts provided for in this Article must 
contain a provision to the effect hereinbefore in 
this Section set forth, and also a provision to the 
effect that in no case, except where it is other- 
wise provided in this Article, or the Charter of 
said City and County, will said City and County 
or any department or official thereof, be liable for 
any portion of the expense of said work, or for 



457 



Street Improvement Procedure 



Sec. 215. 



any damages resulting in the course of the per- 
formance thereof, or for any dehnquency of per- 
sons or of property assessed. 

When any such work shall have been com- 
pleted to the satisfaction of said Director, he 
shall so declare by certificate, which shall be 
made a permanent part of the records of his 
office, and thereupon he shall cause to be deliv- 
ered to the contractor a duplicate of such certifi- 
cate. 

SEC. 215. METHOD OF ASSESSMENT- 
WORK DONE BY OWNER. 

When any work in, upon or over any public 
way shall have been completed according to 
contract, as herein provided for, said Director 
shall make an assessment to cover the sum due 
for the work performed and specified in said 
contract (including all incidental expenses), in 
conformity with the provisions of this Article. 
The assessment shall briefly refer to the con- 
tract, the work contracted for and performed, 
and shall show the amount to be paid therefor, 
together with any incidental expenses, the amount 
of each assessment, the name of the owner of 
each lot (if known to said Director, and if not 
known the word "unknown" shall be written 
opposite the number of the lot and the amount 
assessed against it), and the number of each lot 
assessed; and said assessment shall have at- 
tached thereto a diagram exhibiting the public 
ways or public way crossings on, in or over which 
the work has been done, and showing the rela- 
tive location of each distinct lot to the work done, 
numbered to correspond with the numbers in the 
assessment. A mistake in the name of the owner 
shall not invalidate any assessment. 

All incidental expenses incurred in connec- 
tion with the work must be paid to said Director 
before the issuance of the warrant, assessment 
and diagram herein provided for. 

(a) Assessment on Frontage Basis in 
Certain Cases. Where any work mentioned in 
this Article (manholes, lampholes, cesspools, cul- 
verts, crosswalks, piling and capping excepted) 
is done on either or both sides of the center line 
of any street for one block or less and further 



work of the same class opposite to the work 
already done is ordered to be done to complete 
the unimproved portion of said street, the assess- 
ment to cover the total expense of said work so 
ordered shall be made upon the lots or portions 
of lots only fironting the portions of the work so 
ordered. 

Where the sidewalk area of any portion of a 
street has been officially abolished in whole or 
reduced in part, and paving or other improve- 
ment of the roadway of such street has been 
extended to the inner line of the said area so 
abolished, the lot or lots fronting such abolished 
or reduced sidewalk area shall be additionally 
assessable for the costs and expenses of such 
extended paving or other improvement. 

(b) Assessment According to Estimate 
of Benefits. Immediately after the contractor 
has fulfilled his contract to the satisfaction of 
said Director, the said Director shall proceed to 
estimate upon the lands, lots or portions of lots 
within said assessment district, as shown by the 
diagram provided for in Section 195 of this 
Article, the benefits arising fi'om such work and 
to be received by each such lot, portion of such 
lot, piece or subdivision of land, and shall there- 
upon assess upon and against said lands in said 
assessment district the total amount of the ex- 
pense of such work, together with all incidental 
expenses, and in so doing shall assess said total 
sum upon the pieces, parcels, lots or portions of 
lots, and subdivisions of land, in said district, 
benefited by said work, to-wit: Upon each respec- 
tively in proportion to the benefits received by 
each of said several lots, portions of lots or 
subdivisions of land. 

(c) Where Portion of Street Occupied 
by Tracks. The expense of all work on such 
portion of any street required by law to be kept in 
order by any person, company or corporation 
having railroad tracks thereon, shall be borne 
and paid for by such person, company or corpo- 
ration, and shall be included in the assessment 
in this Article hereinbefore provided for. The 
provisions of this Subsection shall be applicable 
to any street whereon railroad tracks have been 
constructed and are being maintained by the 



Sec. 215. 



San Francisco - Public Works Code 



458 



City and County; and the City and County shall 
pay for all street work which, if such tracks were 
owned by a private person or corporation, would 
have to be paid for by such private person or 
corporation. 

(d) Public Lands. Whenever any parcel of 
land belonging to the United States, the State of 
California, said City and County, or any public 
agent, mandatory, board or institution, and be- 
ing in use in the performance of a public func- 
tion, shall be included within the district de- 
clared by said Director, in his order declaring his 
intention, to be the district to be assessed to pay 
the expense of such work, said Director may, in 
his said order, declare that such parcels of land, 
or any of them, shall be omitted from the assess- 
ment thereafter to be made to cover the expense 
of such work. In the event of such declaration of 
omission, then the total expense of all such work 
shall be assessed on the remaining lots l3dng 
within such assessment district, without regard 
to such omitted parcels of land. If, however, said 
Director shall, in his said order declaring his 
intention, declare that said parcels of land so 
owned as aforesaid, or any of them, shall be 
included in the assessment, or if no declaration 
be made respecting such parcels of land, or any 
of them, then the respective sums which shall be 
assessed against said parcels of land so owned 
and used shall be paid out of funds in the 
treasury of said City and County theretofore 
appropriated for the purpose of street improve- 
ment; provided, however, that such assessments 
shall not be payable out of funds in said treasury, 
unless the Chief Administrative Officer and Con- 
troller of said City and County, in writing, con- 
sent thereto before said Director shall make his 
said order declaring his intention; provided fur- 
ther that all of the provisions of Section 192 of 
this Article must be complied with; and provided 
further that any such sum or sums so assessed 
against parcels of land so owned and used shall 
not be payable out of such City and County 
funds, when such sum or sums are padd by the 
owners of or bodies controlling such parcels of 
land. 

(e) Owners May Perform Grading. Any 
owner or owners of lots or lands fronting upon 
any street, the width and grade of which have 



been established by the Supervisors, may per- 
form at his or their own expense (after obtaining 
permission from the Director of Public Works so 
to do but before said Director has made his order 
of intention to recommend grading inclusive of 
this) any grading upon said street, not beyond its 
grade as then established and thereupon may 
prociu-e, at his or their own expense, a certificate 
from the City Engineer setting forth the number 
of cubic yards of cutting and filling made by him 
or them in said grading, and the proportions 
performed by each owner; provided, however, 
that, as to each lot, but one such certificate shall 
be issued for such grading; and thereafter such 
owner may file said certificate in the office of 
said Department of Public Works. Said certifi- 
cate shall be recorded in a properly indexed book 
kept for that purpose in the office of said Depart- 
ment of Public Works. Whenever thereafter the 
Supervisors order the grading of said street, or 
any portion thereof, on which any grading certi- 
fied as aforesaid has been done, the bids and 
contract must express the price by the cubic yard 
for grading, and such owner or owners, and his 
or their successors in interest, shall be entitled to 
credit on the assessment upon his or their lots 
and lands fronting on said street for grading 
thereof, to the amount of the cubic yards of 
cutting and filling set forth in his or their said 
certificate, at the prices named in the contract 
for said grading; or, if the grade meanwhile has 
been legally changed, only for so much of said 
certified work as would be required for grading 
to the grade as changed. Such owner or owners 
shall not be entitled to any credit that may be in 
excess of the assessment for grading upon the 
lots and lands owned by him or them, and 
proportionately assessed for the whole of said 
grading. Said Director shall include in the as- 
sessment for the whole of said grading upon the 
same grade the number of cubic yards of grading 
set forth in any and all certificates so recorded in 
said office, or for the whole of said grading to the 
changed grade, so much of said certified work as 
would be required for grading thereto, and shall 
enter corresponding credits, deducting the same 
as pa5niients upon the amounts assessed against 
the lot and lands owned respectively by said 



459 



Street Improvement Procedure 



Sec. 217. 



certified owners and their successors in interest; 
but said Director shall not credit any sums in 
excess of the assessments for the whole of the 
grading, which are made upon any lots and lands 
fronting upon said street and belonging to any 
such certified owners or their successors in in- 
terest. 

(f) Credit for Work Other Than Grad- 
ing. When any owner or owners of any lots and 
lands fronting on any street shall have hereto- 
fore done, or shall hereafter do any work, except 
grading, such street, in front of any block at his 
or their expense, and the Supervisors shall sub- 
sequently order any work to be done of the same 
class in front of the same block the work so done 
at the expense of such owner or owners shall be 
excepted fi:om the order ordering the work to be 
done; but the work so done at the expense of such 
owner or owners shall be upon the official grade, 
and in condition satisfactory to the Director of 
Public Works at the time said order is passed. 

SEC. 216. WARRANT— FORM— 
RECORDATION— LIEN. 

To said assessment shall be attached a war- 
rant which shall be signed by said Director and 
countersigned by the acting Secretary of said 
Department of Public Works. Seiid warrant shall 
be substantially in the following form: 

By virtue hereof the Department of Public 
Works of the City and County of San Francisco, 
by the authority vested in it, does authorize 
(name of contractor) his (or their) agents or 
assigns, to demand, and receive the several as- 
sessments upon the assessment diagram hereto 
attached, and this shall be his (or their) warrant 
for the same. 

Date 

(Name of said Director), Director of Public Works. 

Countersigned by (name of acting Secretary of 
Department of Public Works), Acting Secretary 
of the Department of Public Works. 

Said warrant, assessment and diagram shall 
be recorded in both the office of said Department 
of Public Works and in the office of the Recorder 



of said City and County. When so recorded the 
several amounts assessed shall be and remain a 
lien upon the parcels of land assessed, respec- 
tively, and such lien shall so continue until it be 
fully paid and discharged of record. Such lien: 

(a) Shall be subordinate to all special as- 
sessment liens previously imposed upon the same 
property, but shall have priority over all special 
assessment liens which may thereafter be cre- 
ated against said property; 

(b) Shall be coequal to and independent of 
the lien for general ad valorem real property 
taxes; 

(c) Shall be prior and superior to all other 
liens, claims and encumbrances except (i) ease- 
ments constituting servitudes upon or burdens 
to said lands, (ii) water rights the record title to 
which is held separately fi'om the title to said 
lands, and (iii) restrictions of record; and 

(d) Shall not be subject to extinguishment 
by the sale of the property on account of the 
nonpayment of any taxes, except sale conducted 
to concurrently satisfy both unpaid ad valorem 
real property taxes and the unpaid special as- 
sessment. 

(a) Bond for Installment Payments. When 
a property owner, as in this Article provided, 
gives a bond, in order that said assessment may 
be paid in installments, the unpaid balance of 
such bond shall continue to be a lien upon the 
parcel of land against which such bond shall be 
given until the expiration of two years after the 
date when the last installment payable under 
said bond shall become due. From the date of 
recordation of any warrant, assessment and dia- 
gram pursuant to the provisions, of this Article, 
all persons interested in such assessment and in 
all property against which it shall be a lien shall 
be deemed to have notice of the contents of such 
warrant, assessment and diagram. (Amended by 
Ord. 91-81, App. 2/20/81) 

SEC. 217. OBJECTION TO 

ASSESSMENT. 

No objection to the correctness or legality of 
the assessment or other act, determination or 
proceeding of said Director or of any board or 



Sec. 217. 



San Francisco - Public Works Code 



460 



officer, or otherwise, up to and including said 
recordation of the warrant, assessment and dia- 
gram, whether such objection appear upon the 
face of the warrant, assessment and diagram, or 
not, shall be made except by appeal to the 
Supervisors as in this Section hereinafter pro- 
vided for. 

Upon the recordation in the office of the 
Department of Public Works of an assessment, 
diagram and warrant, as in this Article provided 
for, said Director shall cause notice of the recor- 
dation of the assessment, diagram and warrant 
to be given. Said notice shall also specify the 
time and place, to be fixed by said Director, when 
and where the protests of all persons interested 
in the work done or in the assessment, diagram 
or warrant for payment of the cost of the same, or 
in any property affected thereby, will be heard by 
the Supervisors, and shall also state that said 
assessment, diagram and warrant will be open to 
public inspection at the office of the Department 
of Public Works during business hours. Such 
notice shall be posted in the office of said Depart- 
ment of Public Works for not less than 10 days 
before the time of hearing therein mentioned, 
and shall be published once in the official news- 
paper of said City and County not less than 10 
days before the time fixed for such hearing. Such 
notice shall also be posted in the manner pro- 
vided for in Section 193 of this Article at least 10 
days before such hearing. All of the provisions of 
Section 193 shall be applicable to such posting. 
In said notice, reference shall be made to the 
order of said Director declaring his intention, for 
a description of the work done and no other 
description thereof shall be necessary. Said no- 
tice shall also contain the description of the 
assessment district contained in said order of 
said Director. 

SEC. 218. NOTICE OF APPEAL. 

The owners, whether named in the assess- 
ment, diagram or warrant, or not, the contractor 
or his assigns, and all other persons interested in 
the work done, or in the assessment, diagram or 
warrant, or in any property affected thereby, 
feeling aggrieved by any act or determination of 
the said Director or of any board or officer in 



relation thereto, or who claim that the work has 
not been performed according to the contract in a 
good and substantial manner, or having or mak- 
ing any objection whatsoever to the correctness, 
fairness, reasonableness or legality of, or any 
other objection whatsoever to, the assessment, 
diagram or warrant or other act, determination 
or proceeding of the said Director or of any board 
or officer, or having or making any other objec- 
tion whatsoever, shall, not later than the day 
before the day fixed for such hearing by the 
Supervisors, file in the office of the Clerk of said 
Supervisors notice of appeal and a copy thereof 
in the office of the Department of Public Works. 
Each such notice of appeal shall contain the 
name and address of the appellant, and, if he be 
interested in any property affected by the assess- 
ment, a description of the particular property in 
which he is interested, together with a statement 
of the nature of his interest therein. Each such 
notice shall also state the grounds upon which 
his grievance, claim or objection is based, in 
sufficient detail to make clear the nature of his 
grievance, claim or objection. If no appeal be filed 
with the Supervisors within the time and in the 
mEinner in this Section provided, then no hearing 
need be had by said Supervisors as in this Article 
provided for. 

SEC. 219. HEARING OF APPEAL. 

If, however, appeal be made as in this Article 
provided for, the Supervisors, at the time and 
place specified in said notice, shall consider all 
the appeals, protests, grievances, claims and 
objections filed in the manner and within the 
time in this Article specified, and shall hear all 
evidence, statements and argument offered in 
support thereof Such hearing may be postponed 
by said Supervisors from time to time, and all 
persons shall be deemed to have notice of all 
such postponements and shall be governed 
thereby. 

SEC. 220. JURISDICTION OF 
SUPERVISORS. 

Upon such appeal the Supervisors may rem- 
edy and correct any error or informality in the 
proceedings and revise and correct any of the 



461 



Street Improvement Procedure 



Sec. 223. 



acts or determinations of said Director relative 
to said work; may confirm, amend, set aside, 
alter, modify or correct the assessment in such a 
manner as to them shall seem just, and may 
require the work to be completed according to 
their directions, and may instruct and direct said 
Director to correct the warrant, assessment or 
diagram in any particular, or to make and issue 
a new warrant, assessment and diagram to con- 
form to their decisions in relation thereto, at 
their option. 

All the decisions and determinations of the 
Supervisors, upon notice and hearing as in this 
Article provided for, shall be final and conclusive 
upon all persons as to all errors, informalities 
and irregularities whether they do or do not 
appear upon the face of the warrant, assessment 
or diagram. 

No assessment, warrant or diagram, after 
the issuance of the same, and no proceedings 
prior thereto, shall be held invalid by any court, 
or otherwise, for any error, informality, or other 
defect in the same, when notice of the recorda- 
tion in the office of the Department of Public 
Works of the assessment, diagram and warrant, 
and of hearing with regard thereto, has been 
actually published as provided in Sections 217 to 
220, inclusive, of this Article. 

SEC. 221. DELIVERY OF WARRANT, 
ETC. 

When the time within which to appeal to the 
Supervisors, as in this Article provided for, has 
expired, said warrant, assessment and diagram 
shall be delivered to the contractor, or his agent 
or assigns, on demand, provided no appeal has 
been filed as in this Article provided for, but not 
until after the payment to said Director of the 
incidental expenses not previously paid. If an 
appeal to the Supervisors be taken within the 
time and in the manner in this Article provided 
for, then, upon the confirmation of a warrant, 
assessment and diagram, in connection with the 
work done, by the Supervisors, the same shall be 
delivered to the contractor, or his agents or 
assigns, on demand, after pajment of the inci- 
dental expenses as provided in this Article. By 
virtue of said warrant so delivered said contrac- 



tor, or his agents or assigns, shall be authorized 
to demand and receive the amounts of the sev- 
eral assessments made to cover the sum due for 
the work specified in the contract and assess- 
ment. 

SEC. 222. WARRANT AUTHORIZES 
COLLECTION, RETURN OF. 

The warrant, after its delivery to the contrac- 
tor or his assigns, shall constitute full authority 
to the contractor, his agent or assigns, to collect 
the said assessments, and they shall be free to 
make demands upon the owners by virtue of said 
warrant and to receive pajnnent of said assess- 
ments and give receipts therefor. The warrant 
shall be returned to the Department of Public 
Works after its delivery to the contractor, or his 
assigns, with the written statement of all pay- 
ments received upon the assessment, signed by 
the contractor, or his assigns, or some person on 
his or their behalf, and stating whether any of 
the assessment remains unpaid in whole or in 
part and the amount thereof If the assessment 
is payable in installments as provided in Sec- 
tions 225 to 236, inclusive, of this Article, then 
the fact that a bond has been given for such 
assessment shall be stated if such shall have 
been given. Thereupon the said Director shall 
cause the rettum so made to be recorded with the 
record of the warrant and assessment. 

SEC. 223. SUIT ON WARRANT- 
PARTIES— TIME LIMITATIONS. 

At any time after 35 days from the date of the 
warrant, or if an appeal has been taken to the 
Supervisors, then at any time after five days 
from the decision of the Supervisors in such 
appeal, or after the return of a warrant which 
has been corrected, altered or modified as herein 
provided, but not less than 35 days after the date 
of such last mentioned warrant, the contractor or 
his assignee may sue the owners of, and all other 
persons having an interest in or encumbrance 
upon, the land, lots or portions thereof, affected 
by the assessment, and recover the amount of 
any assessment remaining unpaid, with interest 
thereon at the rate set by the Director from the 
date of the assessment until paid. 

(a) Amount of Recovery. In all cases of 
recovery under the provisions of this Article the 
plaintiff shall recover an amount equal to the 



Sec. 223. 



San Francisco - Public Works Code 



462 



unpaid assessment and accrued interest. The 
court may also award costs and reasonable 
attorney's fees. The court may award attorney's 
fee in addition to all taxable costs, notwithstand- 
ing the settlement or tender of settlement of the 
suit before recovery. The plaintiff shall also be 
entitled to recover as a cost of suit the expense of 
a title search or report, and all other necessary 
expenses of suit. 

Said warrant, assessment and diagram shall 
be held prima facie evidence of the regularity 
and correctness of the assessment and of the 
prior proceedings and acts of said Director and 
Supervisors, and otherwise, upon which said 
warrant, assessment and diagram are based, 
and like evidence of the right of the plaintiff to 
recover the action. 

(b) Evidence — Judgment — Enforce- 
ment. The court in which said suit shall be 
commenced shall have power to adjudge and 
decree a lien against the lots of land assessed, 
and to order them to be sold on execution, as in 
other cases of the sale of real estate by the 
process of such court, and with like right of 
redemption within one year of such sale, but not 
later. In all actions brought to enforce the lien of 
any assessment made pursuant to the provisions 
of this Article the proceedings therein shall be 
governed and regulated by the provisions of this 
Article and, when not in conflict with this Ar- 
ticle, by the Codes of this State. (Amended by 
Ord. 368-82, App. 7/30/82) 

SEC. 224. SUIT TO VOID 
ASSESSMENT— TIME LIMITATION. 

No suit or proceeding to set aside, avoid, 
annul or correct any assessment or reassess- 
ment, or to review any of the proceedings in 
connection therewith, or to question the validity 
thereof, or to enjoin the collection thereof, or the 
issuance of bonds representing, or secured by the 
same, shall be maintained unless it be com- 
menced within 30 days after the recording of the 
warrant, diagram, and assessment or reassess- 
ment in the Department of Public Works, and 
thereafter all persons shall be barred from com- 
mencing any such action or from interposing as a 
defense any asserted invalidity of any such as- 



sessment or of bonds issued thereon or of any 
such reassessment or of bonds issued thereon. 
No proceedings had under this Article shall ever 
be held invalid on the ground that the public 
way, or any portion thereof, in, over or upon 
which the work or improvement, or any part 
thereof, is or shall be done, has not been, or shall 
not have been, lawfully dedicated or acquired, 
provided the same shall be lawfully dedicated or 
acquired, or an order of immediate possession 
and use thereof shall have been obtained, at any 
time before the entry of judgment in the suit 
involving such proceeding. 

SEC. 225. RELEASE OF ASSESSMENT- 
LOST WARRANT— EFFECT OF RECORDS. 

The said Director shall cause to be received 
at any time the amounts due upon any assess- 
ment and warrant issued, and shall also cause to 
be given a good and sufficient discharge therefor, 
unless written notice be given him that suit to 
foreclose an assessment has been filed. 

The said Director shall cause to be released 
any assessment upon the books of the Depart- 
ment of Public Works on the pa5rment of the 
amount of the assessment, with interest to date 
of pa5nn[ient, against any lot, or on the production 
to said Department of Public Works of the receipt 
of the party to whom the assessment and war- 
rant were issued, or his assigns. If any warrant 
is lost, upon proof of such loss, a duplicate may 
be issued, upon which a return may be made 
with the same effect as if the original had been so 
returned. Upon the return of the assessment and 
warrant as provided in this Article, all amounts 
remaining due thereon shall draw interest at the 
rate set by the Director until paid. Said Director 
shall have full power to extend the time for the 
return of such warrant to said department. 

The records kept by said Director or depart- 
ment shall have the same force and effect as 
other public records, and copies thereof, duly 
certified by said Director or the Secretary of said 
department, may be used in evidence with the 
same effect as the originals. The said records 
shall, during all office hours, be open to the 



463 



Street Improvement Procedure 



Sec. 229. 



inspection of any person wishing to examine 
them, free of charge. (Amended by Ord. 368-82, 
App. 7/30/82) 

SEC. 226. SUBDIVISION OF 
PROPERTY— PROPORTIONATE 

ASSESSMENT. 

In case any parcel of land against which any 
assessment has been levied has been subdivided 
or partitioned among several owners thereof, 
said Director of Public Works, on the written 
application of any owner thereof, shall make a 
proportionate division of such assessment and 
may amend the original assessment by a propor- 
tionate distribution of the assessment upon the 
several subdivisions of the parcel of land origi- 
nally described. Such proportionate division of 
an assessment shall be without prejudice to the 
contractor or his assigns as to any assessment 
made in pursuance of the provisions of this 
Article. Such amended assessment shall bear 
date the same as the original assessment. 

SEC. 227. DELINQUENT 
ASSESSMENTS— NOTIFICATION— ENTRY 
ON TAX BILL. 

The contractor shall within 90 days of the 
issuance of the assessment submit to the Direc- 
tor of Public Works a list of all unpaid assess- 
ments, and it shall be the duty of said Director to 
notify the Tax Collector of each assessment that 
is delinquent, and the lot and block number 
against which such assessment is levied, and it 
shall be the duty of the Tax Collector to note such 
delinquency on each annual tax bill, in accor- 
dance with Section 107 of the Charter of the City 
and County of San Francisco. 

SEC. 228. ASSESSMENTS PAYABLE IN 
INSTALLMENTS— INTEREST. 

An assessment imposed under the provisions 
of this Article may, in and by the assessment 
provided for in Section 215 of this Article, be 
made payable in installments. 

Whenever assessments are made payable in 
installments as aforesaid, the assessment pro- 
vided for in Section 215 of this Article shall state 
the number of annual installments in which the 



assessment may be paid and the rate of interest, 
not over the percentum per annum set by law by 
the State of California, to be charged on all 
deferred payments. The first installment shall 
be payable at the time provided for in Section 
229 of this Article. (Amended by Ord. 368-82, 
App. 7/30/82) 

SEC. 229. INSTALLMENT PAYMENTS- 
FORM OF BONDS. 

In case the owner or owners of any parcel of 
land against which £in assessment is imposed 
desires to avail himself or themselves of the 
privilege of pajdng such assessment in install- 
ments, and for and in consideration of such 
privilege, such owner or owners, within 30 days 
from the date of the return of the warrant made 
as required by Section 222 of this Article, shall 
make payment to the Department of Public Works 
for the contractor or his assigns or other person 
duly authorized to receive the same, of an amount 
equivalent to an installment payment on such 
assessment determinable by the number of in- 
stallments made payable thereon, which amount 
so paid shall be deemed a payment of the first 
installment such assessment under the terms of 
the bond hereinafter provided for, and in such 
bond shall be so designated. The interest payable 
under the terms of said bond shall be computed 
from the date of the assessment on which such 
bond is issued. Such owner or owners must, 
within not more than 30 days from the date of 
the payment hereinbefore provided for, execute 
and acknowledge before an officer authorized by 
law to take acknowledgments of the conveyances 
of real property, and file with the Department of 
Public Works, a bond in triplicate, substantially 
in the following form: 

August 23, 1999 Bond for Street Assessment 

State of California, 
City and County of San Francisco. 

Whereas, by proceedings duly and regularly 
taken, the validity and regularity whereof is 
hereby acknowledged and admitted, an assess- 
ment has been imposed upon the following de- 
scribed property, to-wit: (Description of prop- 



Sec. 229. 



San Francisco - Public Works Code 



464 



erty), and the amount of such assessment so 
imposed amounts to the sum of (amount of 
assessment) dollars; 

Now, therefore, the undersigned, for and in 
consideration of the privilege given to pay such 
assessment in installments, hereby acknowledge 
(himself, herself or themselves) indebted, and 
promise to pay to (name of contractor) or order, 
said assessment in the sums, and at the times 
and place hereinafter set forth, to-wit: 

Installment One — ^Amounting to $ , 

Date of Payment: . 

Installment Two — ^Amounting to $ , 

within from the date 

hereof 

Installment Three — Amounting to $ , 

within from the date 

hereof (each additional installment being set 
forth in the same manner and payable the ap- 
propriate time after the preceding numbered 
installment), together with interest on each of 

said installments at the rate of per 

centum per annum (being the rate fixed in the 
assessment issued by the Director of Public 
Works), until each such installment shall be 
paid. 

Such interest shall be paid, as it accrues, on 
the dates for pajnnent of said installments of 
principal. Said installments of principal and in- 
terest shall be payable at the office of the Direc- 
tor of Public Works at the City and County of San 
Francisco, in lawful money of the United States. 
In case (the undersigned) elect to pay all of said 
installments before maturity thereof (the under- 
signed) agree to pay, in addition to all other 
amounts due, six months' interest in advance. 

In the event of default in the payment of any 
installment of principal or of interest according 
to the terms of this bond, then all of said install- 
ments of principal and' all interest thereon shall 
become immediately due and payable and said 
Director is hereby authorized to sell the property 
herein described to pay the amount so due, 
together with the expenses of such sale. 

Such sale shall be made by said Director in 
the manner and form provided by law for the sale 
of real property upon execution and after mailing 



to the undersigned a notice that proceedings to 
make such sale will be had unless payment of the 
amount due shall be made within 10 days fi-om 
the mailing thereof. Such notice shall be depos- 
ited in the United States Post Office addressed to 
the addresses given in this bond or such other 
addresses as may be hereafter filed with said 
Director. 

Or the person in legal ownership of this bond 
shall, in the event of such default, have the right 
to foreclose the lien created by the said assess- 
ment for any unpaid portion thereof the same as 
if no bond had been given, and such lien shall 
continue until such assessment and accrued in- 
terest are fully paid. The undersigned agree to 
pay all expenses of said foreclosure including a 
reasonable attorney's fee and cost of title search. 

It is hereby expressly provided that a lien for 
the full amount of the sum obligated to be paid 
under this bond, principal, interest and costs, 
and expenses of foreclosure, is hereby created 
and acknowledged upon, in and to the real prop- 
erty described herein and the improvements 
thereon and appurtenances thereto. 

This bond is dated , 19 . 

In witness whereof 

set hand this 

, 19 . 

(Signed) 

Address 



day of 



SEC. 230. EFFECT OF FAILURE TO 
EXECUTE BOND. 

If such bond is not executed within the time 
and in the manner hereinabove provided for, 
then the whole of the assessment on which such 
bond would be based shall thereupon be imme- 
diately due and payable. 

SEC. 231. BONDS AND COUPONS— 
RECORDATION. 

Forms of such bond shall be furnished by the 
Department of Public Works and thereto shall be 
attached appropriate coupons for the payment of 
the installments of principal and the interest on 
such bond. Such coupons respectively shall be 
payable to bearer at the office of the Treasurer of 



465 



Street Improvement Procedure 



Sec. 234. 



said City and County 30 days after the respective 
dates for payment of principal installments and 
interest by those who have executed the bond to 
which the coupons shall be attached. 

(a) Preparation and Recordation. Said 
Director of Public Works shall cause said bonds 
and coupons to be fully prepared for execution 
and shall supervise the execution thereof by the 
proper parties as hereinbefore provided for. When 
such bonds and attached coupons have been fully 
prepared and executed in the manner hereinbe- 
fore provided for and delivered to the Depart- 
ment of Public Works, one of said triplicates 
shall be recorded in the office of the Recorder of 
said City and County, who shall make no charge 
therefor; after recordation, said triplicate shall 
be retained in the office of said Department of 
Public Works; another of said triplicates shall be 
delivered to the contractor named therein and 
the other shall be delivered to the Treasurer of 
said City and County. 

(b) Record of Payments. Said Director 
shall cause to be kept a record of all payments 
received by him on said bonds and the coupons 
attached thereto and of all penalties accruing 
thereon, and upon delivering such moneys to the 
Treasurer said Director shall report to the Trea- 
surer the particular bonds and coupons and 
penalties to be credited with such payments, so 
that the Treasurer will know exactly on which 
bonds and coupons disbursements by him of such 
moneys shall be made. 

Said Director shall also cause all such pay- 
ments to be entered in an appropriate book of 
record in his office to the credit of the appropri- 
ate bond and assessment. And every such assess- 
ment shall remain a first lien upon the property 
affected until said assessment and the bond 
based thereon, and the accrued interest thereon 
and the penalties, if any, thereon shall be fully 
paid according to the terms of said bond. 

(c) Execution of Bonds Evidence of 
Regularity. Said bonds, by their execution, shall 
be conclusive evidence of the regularity of all 
proceedings theretofore had under this Article. 



(d) Certificate of Sale. Said Director is 
hereby authorized to make any sale authorized 
by any such bond and shall issue for each sale an 
original and duplicate certificate of sale in ap- 
propriate form, referring to this Article, describ- 
ing the parcel or parcels of land sold and contain- 
ing the name of the Purchaser. The original shall 
be delivered to the Purchaser and the duplicate 
shall be kept on file and record in the office of 
said Director. 

SEC. 232. DEED TO PURCHASER IF NO 
REDEMPTION. 

If the property sold, as provided in the above 
proceedings, be not redeemed within one year 
after the sale, said Director shall then issue to 
the party named in the original certificate, or his 
assignee, a deed of the property described in said 
certificate, which said deed shall refer, in general 
terms, to the proceedings under which the same 
is issued, and shall contain a description of the 
property, following the description in the certifi- 
cate; the grantee in such deed is immediately 
upon receipt thereof entitled to possession of the 
property described therein. 

SEC. 233. REDEMPTION— DISPOSITION 
OF FUNDS. 

At any time before the expiration of one year 
from the date of the certificate of sale, any 
property sold under the provisions of the preced- 
ing Sections may be redeemed by any person 
having an interest in the property sold, by the 
pajrment to said Director of the amount for which 
property was sold, with an additional penalty of 
one percent per month of the amount for which 
the same was sold; all such redemption money 
shall be paid over by said Director to the Trea- 
surer with a statement indicating the specific 
bond to which such money shall be credited, and 
the Treasurer shall pay all such redemption 
money to the holder of the proper original cer- 
tificate of sale, upon delivering up the same and 
receipting for the amount received. 

SEC. 234. DIRECTOR TO KEEP 
RECORD OF BONDS. 

Said Director of Public Works shall cause to 
be kept a record of all bonds given as herein 



Sec. 234. 



San Francisco - Public Works Code 



466 



provided, wherein shall be entered the name of 
the person executing the same, a description of 
the land described therein, the number and 
amount of the installments, the time when the 
same are due, the date and the amount of all 
payments and the date of all payments to the 
City and County Treasurer for the holders of 
each bond. 

SEC. 235. NONEXECUTION OR INVALID 
BOND— LIEN RIGHTS. 

In case it shall appear at any time that any 
bond made as herein provided has not been 
executed by the owner or owners of the property 
described therein, or that for any reason any 
such bond is invalid, or that a sale in accordance 
with its terms would not convey a full and clear 
title to such property, then the person entitled to 
collect and receipt for the payment of the original 
assessment, or his assigns, shall have the right 
to foreclose the lien thereof for any unpaid por- 
tion, as such lien was originally imposed and 
such lien shall continue until such original as- 
sessment is fully paid. 

SEC. 236. BOND MAY BE EXECUTED 
AFTER EXPIRATION OF TIME. 

The bond provided for in Section 229 of this 
Article may be made, executed and filed in 
accordance with and subject to the require- 
ments, terms and conditions in this Article pre- 
scribed for such bond, after the expiration of the 
time, as therein provided for, within which to 
make, execute and file such bond, if the contrac- 
tor to whom an assessment, payable in install- 
ments, has been issued, or his assignee, or other 
owner of such assessment, shall consent to the 
making, executing and filing of such bond after 
such expiration of time, and such consent shall 
be expressed on the back or margin of such bond. 

SEC. 237. ASSESSMENT EXCEEDING 
$200. 

Anything in this Article to the contrary not- 
withstanding, said Director of Public Works may 
in the assessment and warrant provided for in 
Sections 215 and 216 of this Article make each 
assessment which exceeds $200 payable in an- 



nual installments. No such annual installment 
pajment shall exceed five percent of the benefit 
conferred on said property on which the assess- 
ment is levied measured in terms of the cost of 
said street improvement plus interest on the 
outstanding balance due. As used in this Section 
the term "benefit conferred" shall refer to the 
cost of the improvement apportioned by the said 
Director pursuant to Section 215(b) of this Ar- 
ticle. 

The dates for payment of installments on an 
assessment shall not extend over a period of 
more than 10 years from the date when the first 
installment will be payable. The assessment 
made by said Director shall state the number of 
installments in which the assessment payable in 
installments may be paid, the respective dates 
for pa3rment of the several installments, and the 
rate of interest, not to exceed the percentum per 
annum set by law by the State of California, to be 
charged on all deferred payments. The first in- 
stallment shall be payable at the time provided 
for in Section 229 of this Article. Every assess- 
ment and accrued interest, however, may be paid 
in cash at any time, unless suit has been filed 
thereon or unless a bond has been executed 
thereon. 

(a) Appeal Prerequisite to Court Ac- 
tion. No objection whatsoever relative to the 
making of such an assessment payable in install- 
ments as in this Section provided for, or relative 
to the amount of any such assessment or assess- 
ment installment, or relative to the time or 
manner of payment of any such assessment or 
assessment installment may be made in any 
manner or in any court or tribunal except by 
such party or parties as shall have appealed to 
the Supervisors in the manner provided for in 
Section 217 of this Article. All persons who have 
not so appealed to the Supervisors shall be 
deemed to have waived every objection in this 
Section referred to. 

(b) Assessment Amended or Reassess- 
ment Made. Any assessment which violates any 
of the provisions of this Section or Section III of 
the Charter of said City and County may be 
amended or corrected, in the manner in this 



467 



Street Improvement Procedure 



Sec. 239. 



Article provided for the amendment or correction 
of an assessment, or a reassessment may be 
made as in this Article provided for, in order that 
such original assessment may be made to con- 
form to this Section and Section III of said 
Charter. (Amended by Ord. 368-82, App. 7-30-82) 

SEC. 238. REASSESSMENT- 
CIRCUMSTANCES UNDER WHICH 
MADE. 

Whenever any assessment heretofore made 
or issued or filed or which may be hereafter 
made, issued or filed pursuant to this Article or 
any other ordinance is or shall be void or unen- 
forceable, for any cause, or if bonds shall have 
been or shall be, issued to represent or be se- 
cured by any assessments and such issuance 
shall not have been, or shall not be, effective 
through the curative provisions in relation thereto, 
then, in any of such events, a reassessment 
therefor may be issued. The true intent and 
meaning of this Section is to make the cost and 
expense of work or improvement made through 
an attempted compliance with this Article, pay- 
able by the real estate benefited by such work or 
improvement by making a reassessment there- 
for. 

Such power of reassessing embraces both a 
full and a partial reassessment, and is not ex- 
hausted by a single attempted exercise thereof. 

A reassessment shall be ordered by the Board 
of Supervisors under any one of four circum- 
stances. 

(a) Request of Holder. Where the owner 
or holder of any assessments, or bonds issued 
under this Article to represent or be secured by 
assessments, or the person who would own or 
hold any such assessment or bonds if the same 
were issued, requests the Supervisors to order a 
reassessment. In such event, if said Supervisors 
be of the opinion that the assessments or bonds 
in question are not enforceable, they shall order 
the making and issuing of a reassessment cover- 
ing only the assessments owned or held by the 
petitioner, or the assessments represented or 
secured by the bonds owned or held by such 
petitioner, or which would be owned or held by 
petitioner if issued. 



(b) Unenforceable Lien by Court De- 
cree. Whenever any court of competent jurisdic- 
tion in any suit to foreclose the lien of any 
assessment or to enforce the obligation of any 
bond issue to represent or be secured by any 
assessments issued under this Article, has for 
any reason held such lien unenforceable, then it 
shall in and by its decree direct the making of a 
reassessment to cover the assessments involved 
in such suit. 

(c) Voidance by Court Decree. Whenever 
any court of competent jurisdiction in any suit to 
set aside the lien of any assessment or of any 
bond representing any assessment, or in any suit 
to quiet title against the lien of any such assess- 
ment, or bond, or in any suit to enjoin the 
making, filing, conformation or issuance of any 
assessment or bond to pay for the cost and 
expense of any work done hereunder, shall in its 
judgment decree such assessments or bonds to 
be void, or unenforceable, or shall enjoin the 
making, filing or issuance of conformation of any 
such assessment or bond, then it shall, in and by 
its decree, direct the making of a reassessment to 
cover the assessments involved in such suit. 

(d) Payment for Work Done Under Void 
Proceedings. Whenever £iny contractor or as- 
signee of a contractor shall have done or per- 
formed any work or improvements pursuant to 
proceedings had and taken in attempted compli- 
ance with the provisions of this Article, and 
whenever prior to the issuance of any assess- 
ment, any court of competent jurisdiction in any 
suit to invalidate the contract or any of such 
proceedings shall for any reason declare said 
contract or other proceedings to be invalid, then 
such court shall, in and by its decree, direct the 
making of an assessment for the reasonable 
value of the work and improvement actually 
done and performed in good faith by the contrac- 
tor, or such portion thereof as was of a kind that 
could lawfully have been ordered under the pro- 
visions of this Article. 

SEC. 239. REASSESSMENT- 
PROCEDURE. 

The manner of making, issuing and enforcing 
the reassessments shall be as follows: 

Said Director of Public Works shall, upon the 
entering of a decree of court directing a reassess- 



Sec. 239. 



San Francisco - Public Works Code 



468 



ment or upon the making of an order by the 
Supervisors directing a reassessment, proceed to 
make a reassessment in the following manner: 

(a) Partial Reassessment. If the reassess- 
ment be a partial one only, then it shall not be 
necessary for the diagram to show any other lots 
than the ones covered by such partial reassess- 
ment. 

(b) Full Reassessment. If it be a full reas- 
sessment, however, then said Director shall pre- 
pare and file with the reassessment a diagram 
showing the lots, pieces or parcels of land deemed 
by him to have been benefited by the work or 
improvement. 

(c) Fixing Boundaries. Upon any reassess- 
ment as in this Article provided for, said Director 
and the Supervisors shall have unlimited power 
to fix the boundaries of the district to be charged 
with the expense of the work in accordance with 
the benefits of the work to property as such 
benefits, at the time of reassessment, shall ap- 
pear to said Director or the Supervisors, and to 
make the boundaries of such district either the 
same as they theretofore were or different from 
the boundaries of the district specified in said 
Director's declaration of intention. 

(d) Amount of Reassessment. It is the 

intent hereof that upon any such reassessment 
said Director and/or the Supervisors then shall 
have full power to determine what district and 
property have been benefited by the work and to 
make the reassessment accordingly. The reas- 
sessment shall assess upon and against each of 
the lots, pieces or parcels of land contained 
therein an amount arrived at as follows: The 
benefits derived, or to be derived by each of the 
said lots, pieces or parcels of land from the work 
or improvement, estimated as of the date of the 
filing in the office of the Department of Public 
Works of the original assessment, shall first be 
listed. Then there shall be added thereto interest 
thereon from the date of filing the original as- 
sessment in the Department of Public Works at 
the rate set by the Director, and the total sums 
shall constitute and be the amount of the pro- 
posed several assessments in such reassessment. 



The total of such reassessments, however, exclu- 
sive of interest, shall not exceed the cost and 
expenses of the work or improvement. 

(e) Procedure. Such assessment need not 
be in any prescribed form, but shall refer to the 
original assessment filed, give the date of filing 
of said original assessment and state that it is 
made pursuant to the order of the Supervisors or 
decree of the court, as the case may be, and shall 
be accompanied by a diagram showing the lots to 
be reassessed and their relation to the work. It 
shall then be presented to the Supervisors, who 
shall fix a time for hearing before them. Such 
time must be at least 20 days after the reassess- 
ment is so presented. The Clerk of the Board of 
Supervisors shall then advertise the time of such 
hearing before the Supervisors by publishing a 
notice once in the official newspaper. Said Clerk 
shall also mail notice of such hearing as provided 
for in Section 193 of this Article. But this require- 
ment as to mailing notice shall have no greater 
effect than that provided for in said Section 193 
of this Article. And a description of the district 
shall be set forth in the notice. 

(f) Hearing of Objections. At the time 
fixed for said hearing, or at such time or times to 
which the same may be thereafter adjourned, the 
Supervisors shall consider the objections to said 
reassessment and in their discretion informally 
direct the revision, correction or modification of 
such reassessment in such manner as is most 
equitable to apportion to each lot, piece or parcel 
of land hereby benefited the amount of the actual 
benefits derived fi:om said improvement. When 
such reassessment shall have been revised, or 
corrected, or modified so as to comply with the 
judgment of said Supervisors, then they shall 
pass a resolution confirming the reassessment. 
The said Director of Public Works shall there- 
upon record the reassessment with a certificate 
at the end thereof by the Clerk of the Board of 
Supervisors. Said Director shall also note oppo- 
site the several assessments in the original as- 
sessment that have been displaced, the fact that 
the reassessment has been made, giving its date, 
and shall credit upon such reassessment all 
payments theretofore made upon the original 
assessment, or upon the bonds issued to repre- 



469 



Street Improvement Procedure 



Sec. 242. 



sent the same, together with interest on such 
payments at the rate set by the Director, from 
and after the date of such pajrments. Such reas- 
sessment shall be collectible and payable in the 
same manner as an original assessment and 
shall be enforceable by suit in the same manner 
provided in this Article for enforcing an original 
assessment, and shall have the same weight in 
evidence. In the event that bonds shall have been 
issued under or upon the security of the original 
assessment, they shall also issue upon the reas- 
sessment for such sum as may be reassessed 
against the lots, pieces or parcels of land covered 
thereby. 

(g) Cancellation of Original Assessment. 
When the reassessment is recorded the original 
assessment shall be cancelled by said Director so 
far as the reassessment affects the original as- 
sessment involved. New bonds shall not be is- 
sued until the original bonds are delivered up to 
the City and County Treasurer, who shall cancel 
the same. The lien of such reassessment shall 
hold its relative rank as to other special assess- 
ment liens as of the date of filing of the original 
assessment. 

(h) Costs and Expenses. In the event such 
work or improvement made in attempted com- 
pliance with this Article is fully completed to the 
satisfaction of said Director, then it shall be the 
duty in any event of said Director to make and 
file an assessment for costs and expenses thereof 
so as to form the basis of a reassessment, even 
though such assessment should be unenforce- 
able. (Amended by Ord. 368-82, App. 7/30/82) 

SEC. 240. SUBSTITUTE FOR DIRECTOR 
OF PUBLIC WORKS OR CITY ENGINEER. 

If the Director of Public Works, for any rea- 
son whatsoever, may not perform any of the 
duties or functions by this Article imposed upon 
him, or if it becomes inconvenient for him to 
perform any such duties or functions, then, in 
every such case, such duties and functions may 
be performed by the City Engineer in said De- 
partment of Public Works, as a substitute for 
said Director, or, in any such case, said duties 
and functions may be performed by anyone in 
said Department designated by the Chief Admin- 



istrative Officer of said City and County. The 
duties and functions hereby imposed upon said 
City Engineer may be performed by anyone else 
in said Department designated by said Director. 
Whenever such a substitute shall act, either for 
said Director or for said City Engineer, the 
records of said Department shall include a writ- 
ten designation by said Chief Administrative 
Officer or said Director, as the case may be, 
appointing such substitute. Such designation 
shall indicate the period during which such sub- 
stitute shall be authorized so to act. Such written 
designation shall be conclusive of all facts therein 
recited, and all acts of such substitutes, respec- 
tively, shall have the same validity as if they had 
been performed by said Director or said City 
Engineer, as the case may be. 

SEC. 241. NOTICES AND AFFIDAVITS- 
SERVICE— PUBLICATION. 

Notice in writing required to be given by said 
Director may be served by any person over the 
age of 21 years, and the fact of such service may 
be verified by the oath of the person making it. 
Such oath may be taken before said Director or 
the acting Secretary of said Department of Pub- 
lic Works. 

All notices and resolutions required by this 
Article to be published shall be published in the 
official newspaper. 

All notices herein required to be served, 
whether by delivering, mailing or posting, may 
be so served by any citizen of the age of 21 years 
or over, and his affidavit thereof shall be prima 
facie evidence of such service. The affidavit of the 
publisher of the local newspaper or his clerk, of 
the publication of any notice required in this 
Article to be published, shall be prima facie 
evidence of such publishing. 

SEC. 242. DUTY OF DIRECTOR 
REGARDING PUBLICATION, POSTING, 
ETC. 

Whenever any resolution, order, notice or 
determination is required to be published or 
posted, and the duty of posting or procuring the 
publication or posting of the same is not specifi- 
cally enjoined upon any officer of the City and 



Sec. 242. 



San Francisco - Public Works Code 



470 



County, it shall be the duty of the Director of 
Public Works to procure the publication or post- 
ing, as the case may be. No proceeding or step 
herein shall be invalidated or affected by any 
error or mistake or departure herefrom as to the 
officer or person posting, or procuring the publi- 
cation or posting, of any resolution, notice, order 
or determination hereunder when the same is 
actually published or posted for the time herein 
required. 

SEC. 243. "INCIDENTAL EXPENSES," 
DEFINITION OF— DEMANDS. 

The term "incidental expenses," as used in 
this Article, shall include the cost of engineering 
work; also, the cost of legal services; also, the 
cost of printing and advertising as provided in 
this Article, including the estimated cost of print- 
ing any bonds to be issued to represent or be 
secured by unpaid assessments: also the cost of 
superintendence of the work mentioned in this 
Article; also the expenses of making the assess- 
ment and of tj^jing and preparing the resolu- 
tions, notices and other papers and proceedings 
for any work authorized by this Article; also the 
expenses of making any analysis and tests to 
determine that the work and any materials or 
appliances incorporated therein comply with the 
specifications; and any other expense incidental 
to the construction, completion and inspection of 
the work in the manner in this Article provided 
for. All demands for incidental expenses men- 
tioned in this Section shall be presented to the 
Director of Public Works, by an itemized bill, 
duly verified by oath of the defendant. (Amended 
by Ord. 91-81, App. 2/20/81) 

SEC. 244. "STREET' AND 'PLACES," 
DEFINITIONS OF. 

The word "street," as used in this Article, 
shall be deemed to, and is hereby declared to 
include avenues, highways, lanes, alleys, cross- 
ings or intersections, courts and places, which 
have been dedicated and accepted according to 
law or in common and undisputed use by the 
public for a period of not less than five years next 
preceding. The word "places," as used in this 
Article, shall be deemed to, and is hereby de- 



clared to include any public park or pleasure 
ground and common which has been dedicated 
and accepted according to law, and this Article 
shall include the improvement of a park, public 
pleasure ground and common. 

SEC. 245. POSTPONEMENTS OF 
HEARINGS NOT TO AFFECT 
JURISDICTION— NOTICE. 

Whenever in proceedings in this Article pro- 
vided for, a time and place for hearing by the 
Director of Public Works or the Supervisors is 
fixed and, from any cause, the hearing is not 
then and there held or regularly adjourned to a 
time £ind place fixed, by the power of said Direc- 
tor or Supervisors in the premises shall not 
thereby be divested or lost, but said Director or 
Supervisors may proceed anew to fix a time and 
place for the hearing, and cause notice thereof to 
be given by publication by at least one insertion 
in the official newspaper, such publication to be 
at least five days before the date of the hearing, 
and thereupon said Director or Supervisors shall 
have power to act as in the first instance. 

SEC. 246. IRREGULARITIES NOT TO 
INVALIDATE PROCEEDINGS. 

This Article shall be liberally construed to 
the end that its purposes may be effected. No 
error, irregularity, informality, and no neglect or 
omission of any officer of the City and County, in 
any procedure taken as in this Article provided, 
shall void or invalidate such proceeding or any 
assessment for the cost of work done as in this 
Article provided. The exclusive remedy of any 
person affected or aggrieved thereby shall be by 
appeal to the Supervisors as provided in this 
Article. 

SEC. 247. PENDING PROCEEDING- 
CONSTRUCTION. 

Any proceedings for street work heretofore 
commenced under any method or system pro- 
vided by any Charter of said City and County, or 
by act of the Legislature, or by ordinance of said 
City and County, shall not be affected by this 
Article but may be continued until completion by 
and under the method provided by the Charter, 



471 Street Improvement Procedure Sec. 247. 

law or ordinance under which they were origi- 
nally commenced, or they may be abandoned by 
order of said Director of Public Works and insti- 
tuted under the proceedings provided for in this 
Article, in case no contract for the work or 
improvement has been entered into. 



San Francisco - Public Works Code 472 



[The next page is 513] 



ARTICLE 6.1: IMPROVEMENT PROCEDURE CODE 



SUBARTICLE I 
GENERAL PROVISIONS 

SUBDIVISION 1 
APPLICATION AND EFFECT 

Sec. 250.001. Short Title. 

Sec. 250.002. Assessment Proceedings. 

Sec. 250.003. Pending Proceedings. 

Sec. 250.004. Alternative Procedures. 

Sec. 250.005. Procedure Code Not Exclusive. 

Sec. 250.006. Titles. 

Sec. 250.007. Code Superior. 

Sec. 250.008. Municipal Affairs. 

Sec. 250.009. State Affairs. 

Sec. 250.010. Single Proceeding. 

Sec. 250.011. Subarticles Supplemental. 



Sec. 250.034. 
Sec. 250.035. 
Sec. 250.036. 



Transit System. 

Treasurer. 

Work. 



Sec. 250.015. 
Sec. 250.016. 
Sec. 250.017. 
Sec. 250.018. 
Sec. 250.019. 
Sec. 250.020. 
Sec. 250.021. 
Sec. 250.022. 
Sec. 250.023. 
Sec. 250.024. 
Sec. 250.025. 
Sec. 250.026. 
Sec. 250.027. 
Sec. 250.028. 
Sec. 250.029. 
Sec. 250.030. 
Sec. 250.031. 
Sec. 250.032. 
Sec. 250.033. 



SUBDIVISION 2 
DEFINITIONS 

Acquisition. 

Block. 

Charter. 

City. 

Clerk. 

Contractor. 

Board. 

Director. 

General Law. 

Improvement. 

Lot, Etc. 

Owner. 

Parking Place. 

Paved. 

Person. 

Place. 

Project. 

Street. 

Street Superintendent. 



SUBDIVISION 3 
INCIDENTAL EXPENSES 

Sec. 250.040. Acquisition. 
Sec. 250.041. Improvement. 

SUBDIVISION 4 
REFERENCES 



Sec. 


250.045. 


Resolution of Intention. 


Sec. 


250.046. 


Reference to Resolution of 
Intention. 

SUBDIVISION 5 
NOTICES 


Sec. 


250.050. 


Notices When Expressly 
Provided. 


Sec. 


250.051. 


Failure to Designate Officer. 


Sec. 


250.052. 


Publication. 


Sec. 


250.053. 


Posting and Mailing. 


Sec. 


250.054. 


Where Posted. 


Sec. 


250.055. 


Mailing. 


Sec. 


250.056. 


Notice of Improvement. 


Sec. 


250.057. 


Certificates. 



SUBDIVISION 6 
PUBLIC AND UTILITY PROPERTY 

Sec. 250.065. May Omit Public Property 
Sec. 250.066. Cost on Remaining Property. 
Sec. 250.067. Payment. 
Sec. 250.068. Utility Property 

SUBDIVISION 7 
CONTRIBUTIONS AND ADVANCES 

Sec. 250.070. Contributions. 

Sec. 250.071. Purchase of Assessment, 

Warrant and Bonds. 
Sec. 250.072. ID.— Payment. 



513 



San Francisco - Public Works Code 



514 



Sec. 250.073. ID.— Bonds. 

Sec. 250.074. ID.— City. 

Sec. 250.075. ID.— Subsequent Purchase. 

Sec. 250.076. Purchase and Sale of 

DeHnquent Property. 
Sec. 250.077. ID.— Sale. 
Sec. 250.078. Advanced by City Without 

Bonds. 
Sec. 250.079. Reimbursement. 
Sec. 250.080. ID.— Notice of Installment 

Payment. 
Sec. 250.081. ID.— Payment. 

SUBDIVISION 8 

REVOLVING FUNDS 

Sec. 250.085. Revolving Fund. 
Sec. 250.086. Procedure. 

SUBDIVISION 9 

ASSESSMENT AND DIAGRAM 

Sec. 250.090. Assessment. 

Sec. 250.091. Inclusion of Other Special 

Assessments. 
Sec. 250.092. Credit for Contribution of 

Money, Land, Easements or 

Improvements. 
Sec. 250.093. Diagram. 







SUBDIVISION 3 






MODIFICATIONS 


Sec. 


250.110. 


Modifications. 


Sec. 


250.111. 


Notice. 


Sec. 


250.112. 


Protests. 


Sec. 


250.113. 


Order. 


Sec. 


250.114. 


Record. 


Sec. 


250.115. 


Lien. 



SUBDIVISION 4 
SUPPLEMENTAL ASSESSMENT 

Sec. 250.120. Supplemental Assessment. 
Sec. 250.121. How Levied. 
Sec. 250.122. Notice and Order. 
Sec. 250.123. Payment. 
Sec. 250.124. Nonfixed Lien. 

SUBDIVISION 5 
REAPPORTIONMENT OF BENEFITS 

Sec. 250.130. Determination. 
Sec. 250.131. Procedure. 
Sec. 250.132. Method. 
Sec. 250.133. Formulae. 

SUBARTICLE III 
CURATION 



SUBARTICLE II 
GENERAL PROCEDURE 

SUBDIVISION 1 
PROTESTS 

Sec. 250.100. Protests. 

Sec. 250.101. Form. 

Sec. 250.102. Legality 

Sec. 250.103. Majority Protests. 

SUBDIVISION 2 
HEARINGS 

Sec. 250.105. Time. 
Sec. 250.106. Hearing. 
Sec. 250.107. Continuances. 



Sec. 250.135. 
Sec. 250.136. 
Sec. 250.137. 
Sec. 250.138. 
Sec. 250.139. 
Sec. 250.140. 
Sec. 250.141. 

250.142. 

250.143. 

250.144. 

250.145. 

250.146. 

250.147. 



Sec 
Sec 
Sec 
Sec 
Sec 
Sec 



SUBDIVISION 1 
CURATION 

Constitutionality. 

Waiver. 

Orders Final. 

Notice of Award. 

Liberally Construed. 

Validity 

Effect of Publication. 

Dedication. 

Limitation of Actions. 

ID. — Nonfixed Lien. 

ID. — Defense. 

Validating Procedure. 

Procedure. 



515 



Improvement Procedure Code 



SUBDIVISION 2 
RE-ASSESSMENT 

Sec. 250.150. Re-Assessment. 

Sec. 250.151. Uncompleted Improvement. 

Sec. 250.152. When and How Much. 

Sec. 250.153. Interest. 

Sec. 250.154. Payment. 

SUBARTICLE IV 
LIEN 

SUBDIVISION 1 
NATURE AND EXTENT 

Sec. 250.160. Priority of Liens. 
Sec. 250.161. Duration of Liens. 
Sec. 250.162. Nonfixed Lien Bonds. 
Sec. 250.163. Priority of Nonfixed Lien 
Assessment Levies. 

SUBARTICLE V 
ACQUISITION, IMPROVEMENT 

AND MAINTENANCE 
DISTRICT PROCEDURE 







SUBDIVISION 1 




INVESTIGATION PROCEEDINGS 


Sec. 


250.170. 


Necessity of Improvement. 


Sec. 


250.171. 


PreUminary Determination of 

Necessity. 


Sec. 


250.172. 


Notice and Hearing. 


Sec. 


250.173. 


Objections. 


Sec. 


250.174. 


Final Determination of 
Necessity. 


Sec. 


250.175. 


Modification. 


Sec. 


250.176. 


Jurisdiction. 


Sec. 


250.177. 


Nonapplication. 


Sec. 


250.178. 


Finality. 


Sec. 


250.179. 


Notice of Assessment — Fixed 
Lien Assessments. 


Sec. 


250.180. 


ID. — Other Assessments. 



Sec. 



SUBDIVISION 2 
IMPROVEMENT ACT OF 1911 

250.185. Powers. 



Sec. 


250.186. 


Cash Assessments, Alternative 
Collection. 


Sec. 


250.187. 


ID. — Resolution, Contents. 


Sec. 


250.188. 


ID.— Fihng. 


Sec. 


250.189. 


ID. — Extension on Roll. 


Sec. 


250.190. 


ID. — Collection. 


Sec. 


250.191. 


ID. — Payment to Contractor. 


Sec. 


250.192. 


ID.— Default. 


Sec. 


250.193. 


ID. — Resale. 


Sec. 


250.194. 


ID.— No Bidder. 

SUBDIVISION 3 
RESERVED 

SUBDIVISION 4 


MUNICIPAL IMPROVEMENT ACT OF 






1913 


Sec. 


250.210. 


Powers. 


Sec. 


250.211. 


Hearing. 


Sec. 


250.212. 


Bonds. 


Sec. 


250.213. 


Pajmient — Time. 


Sec. 


250.214. 


ID.— To Whom. 


Sec. 


250.215. 


Eminent Domain. 


Sec. 


250.216. 


Stipulations for Judgment. 


Sec. 


250.217. 


Offset. 


Sec. 


250.218. 


Referees. 


Sec. 


250.219. 


Surplus. 


Sec. 


250.220. 


Notice to Owners. 
SUBDIVISION 5 


PARKING AND TRANSIT DISTRICTS 


Sec. 


250.230. 


Power. 


Sec. 


250.231. 


District. 


Sec. 


250.232. 


Zones. 


Sec. 


250.233. 


Property. 


Sec. 


250.234. 


City Lands or Property. 


Sec. 


250.235. 


Sale or Lease of Property. 


Sec. 


250.236. 


Lease of Property. 


Sec. 


250.237. 


Incidental Use of Property. 


Sec. 


250.238. 


Fees and Rentals. 


Sec. 


250.239. 


Operation — Parking. 


Sec. 


250.240. 


Operation — Transit. 


Sec. 


250.241. 


Maintenance Cost. 



San Francisco - Public Works Code 



516 



Sec. 250.242. 

Sec. 250.243. 

Sec. 250.244. 

Sec. 250.245. 

Sec. 250.246. 

Sec. 250.247. 

Sec. 250.248. 

Sec. 250.249. 

Sec. 250.250. 

Sec. 250.251. 

Sec. 250.252. 

Sec. 250.253. 



Annual Report. 

ID. — Hearing. 

ID. — Collecting Assessment. 

Transfer of Funds. 

Pledge. 

Covenants. 

Alteration of District. 

ID. — Publication. 

ID. — Hearing. 

ID.— Order. 

ID.— Effect. 

Supplemental Remedy 

Provisions. 



SUBDIVISION 6 

MAINTENANCE DISTRICTS 
Sec. 250.260. New Maintenance Districts. 

SUBARTICLE VI 
ASSESSMENT BOND PROCEDURE 

SUBDIVISION 1 
GENERAL PROVISIONS 

Sec. 250.270. Purpose. 

Sec. 250.271. Declaration in Resolution of 

Intention. 
Sec. 250.272. Form of Bonds. 
Sec. 250.273. Date. 
Sec. 250.274. Interest. 
Sec. 250.275. Serial Amounts. 
Sec. 250.276. Divisions. 
Sec. 250.277. Execution. 
Sec. 250.278. Sale of Bonds. 
Sec. 250.279. Premium. 
Sec. 250.280. Registration— Against Theft. 
Sec. 250.281. ID. — ^Against Delinquency. 
Sec. 250.282. Mutilated, Defaced, Lost or 

Destroyed Bonds. 
Sec. 250.283. Destruction of Paid Bonds and 

Coupons. 
Sec. 250.284. Payment of Assessments With 

Matured Bonds and Coupons. 
Sec. 250.285. Distribution of Surplus. 



SUBDIVISION 2 
BOND PLAN A— LOT BONDS 

Sec. 250.290. Powers. 

Sec. 250.291. Interest. 

Sec. 250.292. Assessments Under $150. 

SUBDIVISION 3 
BOND PLAN B— DISTRICT BONDS 

Sec. 250.295. Powers. 

Sec. 250.296. Assessments Under $150. 

Sec. 250.297. Unpaid List. 

Sec. 250.298. Denominations. 

Sec. 250.299. Calling Bonds. 

SUBDIVISION 4 

BOND PLAN C— DISTRICT 

(LIABILITY) BONDS 

250.305. Powers. 

Bond Form. 

Supplemental Advances. 

Supplemental Levies. 

Advance Pajnnent and Calling 

Bonds. 

Tax Deed and Sale. 

Court Foreclosure. 

Foreclosure by Bondholder. 

Bid. 

Use of Bonds and Coupons To 

Purchase Property. 

Bonds and Coupons May Be 

Used to Purchase or Redeem 

Property. 

Other Bondholders Shall Have 

no Interest in Applied Bond 

Proceeds. 
Sec. 250.317. Streets and Highways Code 

Section 8688 Shall Apply 
Sec. 250.318. Bonds Applied Shall be at Par. 

SUBDIVISION 5 

BOND PLAN D— AD VALOREM 

(LAND) BONDS 

Sec. 250.320. Board Powers. 

Sec. 250.321. Assessment District. 



Sec 
Sec 
Sec 
Sec 
Sec 

Sec 
Sec 
Sec 
Sec 
Sec 



250.306. 
250.307. 
250.308. 
250.309. 

250.310. 
250.311. 
250.312. 
250.313. 
250.314. 



Sec. 250.315. 



Sec. 250.316. 



517 



Improvement Procedure Code 



Sec. 250.322. Zones. 

Sec. 250.323. Zone Description. 

Sec. 250.324. Assessment Provisions 

Inapplicable. 
Sec. 250.325. Redemption Fund. 
Sec. 250.326. Annual Assessment. 
Sec. 250.327. Other Provisions. 
Sec. 250.328. Voter Approval. 
Sec. 250.329. Calling Election. 
Sec. 250.330. Poll Election. 
Sec. 250.331. Mailed Ballot Election. 
Sec. 250.332. Publication. 
Sec. 250.333. Posting. 
Sec. 250.334. Time and Proof. 
Sec. 250.335. Proposition. 
Sec. 250.336. Mailing Ballots. 
Sec. 250.337. Canvass, Return and 

Declaration. 

Secret Ballot. 

Court Foreclosure. 

SUBDIVISION 6 
PLAN E— AD VALOREM 
(REALTY) BONDS 

Powers. 

Assessment District. 

Zones. 

Improvement Bonds. 

Acquisition Bonds. 

Municipal Improvement District 

Bonds. 
Sec. 250.351. Possession Bonds. 
Sec. 250.352. Notice of Hearing. 
Sec. 250.353. Form of Notice. 
Sec. 250.354. Hearing. 
Sec. 250.355. Issuance of Bonds. 
Sec. 250.356. Bond, Form and Execution. 
Sec. 250.357. Issues, Series, Divisions. 
Sec. 250.358. Callable Bonds. 
Sec. 250.359. Supplemental Bonds. 
Sec. 250.360. Interest. 
Sec. 250.361. Ad Valorem Assessment. 
Sec. 250.362. ID.— Method of Collection. 



Sec. 250.338. 

Sec. 250.339. 

BOND 

Sec. 250.345. 

Sec. 250.346. 

Sec. 250.347. 

Sec. 250.348. 

Sec. 250.349. 

Sec. 250.350. 



Sec. 250.364. Validity of Bonds and 
Assessment Rate. 

Sec. 250.365. Issuance of New Bonds When 
Proceedings For Bonds 
Irregular. 

Sec. 250.366. Alteration of Boundaries. 

Sec. 250.367. Election. 

SUBDIVISION 7 
BOND PLAN F— BENEFIT BONDS 

Sec. 250.370. Powers. 

Sec. 250.371. Purpose. 

Sec. 250.372. Assessment Provisions 

Inapplicable. 
Sec. 250.373. Resolution of Intention. 
Sec. 250.374. Assessment Formulae. 
Sec. 250.375. Hearing as to Benefits. 
Sec. 250.376. Initial Modification. 
Sec. 250.377. Final Determination. 
Sec. 250.378. Subsequent Modification. 
Sec. 250.379. Notice. 
Sec. 250.380. Hearing and Determination. 
Sec. 250.381. Form of Bonds. 
Sec. 250.382. Separate Series. 
Sec. 250.383. Interest. 
Sec. 250.384. Interest After Maturity. 
Sec. 250.385. Callable Bonds. 
Sec. 250.386. Execution of Bonds. 
Sec. 250.387. Executing and Contents of 

Coupons. 
Sec. 250.388. Construction Fund. 
Sec. 250.389. Redemption Fund. 
Sec. 250.390. Trust Funds. 
Sec. 250.391. Budget— Contents. 
Sec. 250.392. Benefit Assessment. 
Sec. 250.393. Report. 
Sec. 250.394. Certification. 
Sec. 250.395. Adoption by the Board. 
Sec. 250.396. Further Board Action. 
Sec. 250.397. Hearing— Date. 
Sec. 250.398. Hearing— Notice— Publication 

and Posting. 
Sec. 250.399. Hearing— Notice— Form. 



San Francisco - Public Works Code 



518 



Sec. 250.400. Hearing— Affidavits. 

Sec. 250.401. Hearing— Protests. 

Sec. 250.402. Hearing— Board Duties. 

Sec. 250.403. Hearing — Decision Final. 

Sec. 250.404. Certification and Filing. 

Sec. 250.405. Benefit Assessments — Posting. 

Sec. 250.406. Collection Method. 

Sec. 250.407. Advance of Funds. 

Sec. 250.408. Public Property Exempt. 

Sec. 250.409. Omitted Property — ^Assessment. 

Sec. 250.410. Validity of Bonds and 

Assessment. 
Sec. 250.411. Curation. 
Sec. 250.412. Dedication. 
Sec. 250.413. Decisions Final. 
Sec. 250.414. New Bonds — Issued When 

Proceedings Irregular. 
Sec. 250.415. Existing Bonds — Security. 
Sec. 250.416. Existing Bonds — Exchange. 
Sec. 250.417. Sale of New Bonds — Retirement 

of Old Bonds. 
Sec. 250.418. Alternate Bond Dates. 
Sec. 250.419. Supplemental Remedy 

Provisions. 
Sec. 250.420. Alteration of Boundaries. 



SUBDIVISION 8 
REFUNDING BONDS 

Sec. 250.425. Purpose. 

Sec. 250.426. General Law Assessment Bonds. 

Sec. 250.427. Procedure Code Assessment 

Bonds. 
Sec. 250.428. Refunding Bonds. 
Sec. 250.429. Amounts Funded or Refunded. 
Sec. 250.430. Exchange. 
Sec. 250.431. Sale. 
Sec. 250.432. Refunding Plan. 
Sec. 250.433. Depository or Trustee. 
Sec. 250.434. Joint Proceedings. 
Sec. 250.435. Contract Rights. 



SUBARTICLE VII 
TEMPORARY BORROWING 



BOND 

250.440. 

250.441. 

250.442. 

250.443. 

250.444. 

250.445. 
Sec. 250.446. 
Sec. 250.447. 

250.448. 

250.449. 

250.450. 

250.451. 

250.452. 

250.453. 
Sec. 250.454. 
Sec. 250.455. 
Sec. 250.456. 



Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 



Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 



Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 
Sec. 



250.457. 
250.458. 
250.459. 
250.460. 
250.461. 
250.462. 
250.463. 



SUBDIVISION 1 
ANTICIPATION NOTES 

Bonds. 

Note. 

Resolution. 

Borrowing. 

Authorizing Resolution. 

Note Form. 

Bond Description. 

Negotiability. 

Callable Note. 

Limitation on Amount. 

Denomination; Term. 

Pajnnent Source. 

Bond Issuance. 

Assignment. 

Pledge. 

Lien. 

Grant Anticipation Funds; 

Payment; Assignment; Pledge. 

Other Funds. 

Saving Clause. 

Time of Issuance, 

Execution. 

Issuance and Sale; Interest. 

Use of Funds. 

Refunding. 



SUBARTICLE VIII 
LANDSCAPE AND LIGHTING 

MAINTENANCE DISTRICT PROCEDURE 

SUBDIVISION 1 
GENERAL PROVISIONS 

Sec. 250.470. Purpose and Intent. 

Sec. 250.471. Compliance With Subarticle. 

Sec. 250.472. Necessary or Convenient 

Procedure Authorized. 
Sec. 250.473. Nonexclusiveness of Remedies. 
Sec. 250.474. Abandonment of Proceedings. 



519 



Improvement Procedure Code 



Sec. 250.010. 



Sec. 250.475. Effect Upon Other Law. 

Sec. 250.476. Construction. 

Sec. 250.477. Incorporation of the 

Landscaping and Lighting Act 

of 1972. 

SUBARTICLE IX 
CERTIFICATE AND PUBLICATION 

Sec. 250.480. Certificate and Publication. 

SUBARTICLE I 
GENERAL PROVISIONS 

SUBDIVISION 1 
APPLICATION AND EFFECT 

SEC. 250.001. SHORT TITLE. 

This Article shall be cited and referred to as 
the San Francisco Improvement Procedure Code. 
(Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.002. ASSESSMENT 
PROCEEDINGS. 

Proceedings for the acquisition, construction 
or maintenance of any public improvement or 
property of a local nature or the acquisition of 
lands or easements, or buildings or improve- 
ments or property, or any or more than one 
thereof, therefor, may be had pursuant to this 
Procedure Code, whether or not provided in any 
general law or by other Articles of the Municipal 
Code. (Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.003. PENDING 
PROCEEDINGS. 

This Procedure Code shall not apply to any 
proceedings in which the resolution of intention 
was adopted prior to the effective date hereof, 
excepting proceedings for a supplemental assess- 
ment, a reassessment, a refunding and the cura- 
tive provisions hereof. (Added by Ord. 225-81, 
App. 5/5/81) 

SEC. 250.004. ALTERNATIVE 
PROCEDURES. 

The procedures provided in the several ar- 
ticles or bond plans hereof are alternative. (Added 
by Ord. 225-81, App. 5/5/81) 



SEC. 250.005. PROCEDURE CODE NOT 
EXCLUSIVE. 

This Procedure Code is not exclusive. The 
resolution of intention in any proceeding under 
any act or general law may provide that such act 
or general law is supplemented by any part or 
parts hereof (Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.006. TITLES. 

Titles to sections are a part of the same 
section. "Id", when used in a title, means that the 
subject matter of such section is a part of the 
subject matter of the last preceding section in 
the title of which the word Id does not appear. 
When two Ids appear in a title, the subject 
matter of such section is a part of the subject 
matter of the last preceding section in the title of 
which the word Id does not appear and the 
subject matter of all intervening sections. (Added 
by Ord. 225-81, App. 5/5/81) 

SEC. 250.007. CODE SUPERIOR. 

The provisions of this Procedure Code shall 
be controlling over the provisions of any general 
law or act in conflict herewith in any proceeding 
taken hereunder. (Added by Ord. 225-81, App. 
5/5/81) 

SEC. 250.008. MUNICIPAL AFFAIRS. 

This Procedure Code is adopted pursuant to 
the Municipal Affairs provision of the Charter of 
this City and County. In proceedings had pursu- 
ant hereto which are a Municipal Affair, the 
general laws herein referred to are deemed a 
part hereof. (Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.009. STATE AFFAIRS. 

In the event any proceeding had pursuant 
hereto shall be adjudged a State Affair, it is 
hereby declared to be the intention that said 
proceedings were had pursuant to the general 
law or laws cited in the chapter or articles hereof 
specified in the resolution of intention therein. 
(Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.010. SINGLE PROCEEDING. 

One or more acquisitions and improvements 
or acquisitions or improvements may be had in a 
single proceeding. (Added by Ord. 225-81, App. 
5/5/81) 



Sec. 250.011. 



San Francisco - Public Works Code 



520 



SEC. 250.011. SUBARTICLES 
SUPPLEMENTAL. 

Subarticles 1, 2, 3 and 4 are supplemental to 
and controlling over the provisions of each other 
part of this Procedure Code in conflict therewith. 
(Added by Ord. 225-81, App. 5/5/81) 

SUBDIVISION 2 
DEFINITIONS 

SEC. 250.015. ACQUISITION. 

"Acquisition," or any of its variants, means 
and includes one or more of the following: 

(a) Any works, improvements, appliances, 
equipment or facilities authorized to be made, 
constructed or acquired under this Procedm*e 
Code, whether or not in existence and installed 
in place on or before the date of adoption of the 
resolution of intention for the acquisition thereof, 
any use or capacity rights in any of the foregoing 
and any works, improvements, appliances, equip- 
ment or facilities acquired or installed pursuant 
to Sections 10109 to 10011, inclusive, of the 
Streets and Highways Code: 

(b) Electric current, gas or other illuminat- 
ing agent for power or lighting service; 

(c) Any rights of service or use in public 
facilities or utilities necessary or convenient in 
connection with the construction or operation of 
any work or improvement authorized to be ac- 
quired or to be made or constructed under this 
Procedure Code; 

(d) Any real property, rights-of-way, ease- 
ments or interests in real property, acquired or to 
be acquired by gift, purchase or eminent domain, 
and which are necessary or convenient in con- 
nection with the construction or operation of any 
work or improvement authorized to be acquired 
or to be made or constructed under this Proce- 
dure Code; 

(e) The pa5nnent in full of all amounts nec- 
essary to eliminate any fixed special assessment 
liens previously imposed upon any assessment 
parcel included in the new assessment district. 
The cost of such pajnnent shall be included in the 
new assessment on such parcel. This subdivision 



shall be applicable only in cases where such 
acquisition is incidental to other acquisitions or 
improvements. 

The word "acquisition," when used referring 
to that which is done, which is to be done, or 
which may be done under proceedings had under 
this Procedure Code, shall be understood to be 
generic and as being employed for the purpose of 
brevity and to avoid repetition and shall refer to 
and include any or all of the things compre- 
hended in the meaning of the word acquire 
herein. Acquisition may be by gift, purchase, 
lease or eminent domain, and may be before, 
while or after it comes into being, in relation to 
the resolution of intention. (Added by Ord. 225- 
81, App. 5/5/81) 

SEC. 250.016. BLOCK. 

"Block," whether it be a regular or irregular 
block, means a parcel larger than a lot which is 
bounded by a street or a boundary line of some 
other parcel which is not a part of it. (Added by 
Ord. 225-81, App. 5/5/81) 

SEC. 250.017. CHARTER. 

"Charter" means the Charter of the City and 
County of San Francisco. (Added by Ord. 225-81, 
App. 5/5/81) 

SEC. 250.018. CITY. 

"City" means City and County of San Fran- 
cisco. (Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.019. CLERK. 

"Clerk" and "City Clerk" refer to the Clerk of 
the Board of Supervisors. (Added by Ord. 225-81, 
App. 5/5/81) 

SEC. 250.020. CONTRACTOR. 

"Contractor" means the person, including con- 
tracting owners or their agents, to whom a 
contract for the performance of any work autho- 
rized is awarded. (Added by Ord. 225-81, App. 
5/5/81) 



521 



Improvement Procedure Code 



Sec. 250.027. 



SEC. 250.021. BOARD. 

"Board" or "Board of Supervisors" means the 
Board of Supervisors of the City. (Added by Ord. 
225-81, App. 5/5/81) 

SEC. 250.022. DIRECTOR. 

"Director" means the Director of Public Works. 
(Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.023. GENERAL LAW. 

The words "general law" or the word "act" or 
the reference to any law or act by its title shall 
mean an enactment of the Legislature of the 
State of California. Unless herein otherwise pro- 
vided, or unless an applicable specific provision 
hereof shall conflict therewith, any law or act 
incorporated herein or made applicable hereby 
shall be as now or hereafter amended or codified 
at the time of adopting the resolution of inten- 
tion in the proceedings. (Added by Ord. 225-81, 
App. 5/5/81) 

SEC. 250.024. IMPROVEMENT. 

"Improvement" means any works, improve- 
ments, appliances, equipment and facilities of 
local benefit to land, which are for a public 
purpose or which are necessary or incidental to a 
public purpose. The word "improvement," when 
used referring to that which is done, which is to 
be done, or which may be done under proceed- 
ings had under this Procedure Code, shall be 
understood to be generic and as being employed 
for the purpose of brevity and to avoid repetition 
and shall refer to and include any or all of the 
things comprehended in the meaning of the word 
improve herein. (Added by Ord. 225-81, App. 
5/5/81) 

SEC. 250.025. LOT, ETC. 

"Lot," "land," "piece," or "parcel of land," 
whether used singly or in combination, means: 

(a) A parcel of real property which is shown 
as a single lot in a lawfully recorded subdivision 
approved pursuant to the provisions of the Sub- 
division Map Act; or 



(b) A parcel of real property the dimensions 
and boundaries of which are defined as a single 
lot by a lawfully recorded record of survey map; 
or 

(c) A parcel of real property shown on a 
parcel map as a single lot lawfully recorded 
pursuant to the provisions of the Subdivision 
Map Act; or 

(d) Any parcel of real property otherwise 
created and dimensioned whether or not deemed 
lawful pursuant to the City Zoning regulation; or 

(e) Two or more lots which are combined by 
an appropriate recorded written instrument, or, 
two or more lots which are combined by a com- 
mon usage, may be deemed for assessment pur- 
poses a single lot. (Added by Ord. 225-81, App. 
5/5/81) 

SEC. 250.026. OWNER. 

"Owner" means the person owning the fee, or 
the person in whose name the legal title to the 
property appears by deed duly recorded in the 
county recorder's office, or the person in posses- 
sion of the property or buildings under claim of 
ownership, or exercising acts of ownership over 
the same for himself or as life tenant, or as the 
executor, administrator, or guardian of the owner. 
If the property is leased, the possession of the 
tenant or lessee holding and occupjdng such 
property shall be deemed to be the possession of 
the owner. The lessee in possession of tax exempt 
property, the leasehold interest of which is sub- 
ject to assessment, is deemed to be the owner. 
(Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.027. PARKING PLACE. 

"Parking Place" includes a parking lot, ga- 
rage or sub-surface structure, including the grad- 
ing, paving, draining, sewering, lighting or oth- 
erwise improving of such lot, and buildings and 
improvements necessary or convenient for the 
parking of motor vehicles, including parking 
meters, landscaping, pedestrian walkways, and 
other equipment and facilities necessary or con- 
venient therefor, together with provisions neces- 
sary or convenient for ingress to and egress firom 
such places. (Added by Ord. 225-81, App. 5/5/81) 



Sec. 250.028. 



San Francisco - Public Works Code 



522 



SEC. 250.028. PAVED. 

"Paved" or "repaved" includes pavement of 
any commonly used paving material. (Added by 
Ord. 225-81, App. 5/5/81) 

SEC. 250.029. PERSON. 

"Person" means an individual, partnership, 
corporation, association, trust or any other legal 
entity (Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.030. PLACE. 

"Place" includes any public street, alley or 
easement or other public property which has 
been dedicated and accepted or is otherwise 
publicly owned according to law, or which has 
been in common and undisputed use by the 
public for a period of not less than five years next 
preceding, or which is sought to be acquired in 
any proceeding undertaken pursuant to this Pro- 
cedure Code, or which is sought to be acquired in 
conjunction with any proceeding undertaken pur- 
suant hereto. (Added by Ord. 225-81, App. 5/5/ 
81) 

SEC. 250.031. PROJECT. 

"Project" or "improvement," when used in the 
generic sense, means the acquisition and/or im- 
provement undertaken in a single proceeding. 
(Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.032. STREET. 

"Street" includes streets, avenues, highways, 
lanes, alleys, crossings or intersections and courts 
which have been dedicated and accepted accord- 
ing to law or which have been in common and 
undisputed use by the public for a period of not 
less than five years next preceding or which have 
been dedicated to a semi-public use. (Added by 
Ord. 225-81, App. 5/5/81) 

SEC. 250.033. STREET 
SUPERINTENDENT. 

"Street Superintendent" or "Superintendent 
of Streets" refers to the Director of Public Works 
of the City. (Added by Ord. 225-81, App. 5/5/81) 



SEC. 250.034. TRANSIT SYSTEM. 

"Transit System" means the portion of the 
Municipal Railway System of the City and County 
of San Francisco found to be of special benefit. 
(Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.035. TREASURER. 

"Treasurer" means the Treasurer of the City. 
(Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.036. WORK. 

"Work" or "improvement," whether used sin- 
gly or in combination, means and includes any 
work which is authorized to be done or any 
improvement which is authorized to be made 
under this Procedure Code or pursuant to any 
general law providing for assessment for local 
improvement or benefit, as well as the construc- 
tion, reconstruction, maintenance and repair of 
all or part of any such work or improvement. 
(Added by Ord. 225-81, App. 5/5/81) 

SUBDIVISION 3 
INCIDENTAL EXPENSES 

SEC. 250.040. ACQUISITION. 

The term "incidental expenses," when refer- 
ring to proceedings for an acquisition, shall be 
deemed to mean and shall include: 

(a) The amounts awarded to the owners, 
lessees and lienholders by the interlocutory judg- 
ments in an action for eminent domain, includ- 
ing sums required to be paid or expended by 
reason of relocation, and compensatory amounts 
paid to such persons as a consequence of a 
negotiated transaction; 

(b) Any and all costs and expenses incurred 
in prosecuting an eminent domain proceeding, 
including but not limited to court costs, witness 
fees, investigative costs and similar related items; 

(c) All costs for maps, plats, surveys, 
searches, certificates of title, and title policies for 
the property to be acquired; 

(d) All fees and costs incurred for services 
rendered by attorneys, appraisers, financial ad- 
visors and engineers, including costs of prepar- 
ing the assessment and assessment diagram; 



523 



Improvement Procedure Code 



Sec. 250.053. 



(e) The estimated cost of preparing and 
selling the bonds, including any reserve fund 
established for the further securing of the bonds; 
and 

(f) Any other expenses incurred by author- 
ity of this Procedure Code or incidental to the 
financing and completion of the acquisition and 
the assessment proceedings in the manner herein 
specified. (Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.041. IMPROVEMENT. 

"Incidental expenses," when referring to pro- 
ceedings for an improvement, shall be deemed to 
mean and shall include all expenses necessarily 
incurred in the proceedings: 

(a) For the publication, mailing and posting 
of resolutions, notices and orders in any of such 
proceedings; 

(b) All fees and costs incurred for services 
rendered by attorneys, financial advisors, and 
engineers, including costs of preparing the as- 
sessment and assessment diagram; 

(c) The estimated cost of preparing and sell- 
ing the bonds, including any reserve fund estab- 
lished for the further securing of the bonds; and 

(d) Any other expenses incurred by author- 
ity of this Procedure Code or incidental to the 
financing and completion of the improvement 
and the assessment proceedings in the manner 
herein specified. (Added by Ord. 225-81, App. 
5/5/81) 

SUBDIVISION 4 
REFERENCES 

SEC. 250.045. RESOLUTION OF 
INTENTION. 

The resolution of intention shall specify the 
parts of this Procedure Code or general law 
pursuant to which the proceedings are taken. 
(Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.046. REFERENCE TO 
RESOLUTION OF INTENTION. 

In all resolutions, notices, orders and deter- 
minations, subsequent to the resolution of inten- 
tion and the notice of improvement, it shall be 



sufficient to refer to the resolution of intention 
by number for a description of the work or 
improvement. (Added by Ord. 225-81, App. 5/5/ 
81) 

SUBDIVISION 5 
NOTICES 

SEC. 250.050. NOTICES WHEN 
EXPRESSLY PROVIDED. 

No notice, nor any publication of any notice, 
order, resolution or other matter, other than that 
expressly provided for in this Procedure Code, 
shall be necessary to give validity to any of the 
proceedings provided for herein. (Added by Ord. 
225-81, App. 5/5/81) 

SEC. 250.051. FAILURE TO DESIGNATE 
OFFICER. 

Whenever any notice, resolution, order, or 
other matter is required to be published or 
posted or mailed, and the duty of posting or 
publishing the mailing, or procuring the same, is 
not specifically enjoined upon any officer or per- 
son, the Clerk shall post or mail or procure the 
publication or posting or mailing thereof, as the 
case may be. (Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.052. PUBLICATION. 

Notices, resolutions, or other documents re- 
quired to be published shall be published once in 
a newspaper of general circulation in the City. If 
any hearing is therein noticed, said hearing shall 
be had not less than 10 days after such publica- 
tion unless a shorter time is provided by general 
law. (Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.053. POSTING AND MAILING. 

It shall not be necessary to post or mail any 
notice, resolution or other document or make or 
file any affidavit in regard thereto, unless no 
publication is provided and posting or mailing is 
necessary to provide jurisdiction. In such event, 
said posting or mailing shall be at least 10 days 
prior to any hearing provided therein unless a 
shorter time is provided by general law. (Added 
by Ord. 225-81, App. 5/5/81) 



Sec. 250.054. 



San Francisco - Public Works Code 



524 



SEC. 250.054. WHERE POSTED. 

All documents provided to be posted, other 
than a notice of improvement, shall be posted on 
or near the Board Chamber door or on any 
bulletin board in or adjacent to the City Hall. 
(Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.055. MAILING. 

When any notice, resolution or other docu- 
ment is mailed, it shall be mailed by First Class 
postage prepaid to the property owners: 

(a) According to their names and addresses 
as appearing on the last equalized County As- 
sessment roll, or 

(b) Entitled to be shown on the next equal- 
ized roll as determined from the records of the 
County Assessor ascertained prior to the mail- 
ing, or 

(c) As filed with or known to the Clerk. 
(Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.056. NOTICE OF 
IMPROVEMENT. 

Notices of improvement, as posted, shall be 
entitled "Notice of Improvement" in letters at 
least V2 inch in height. The Board may provide in 
the resolution of intention or other document 
fixing hearing whether and where such notices 
shall be posted. (Added by Ord. 225-81, App. 
5/5/81) 

SEC. 250.057. CERTIFICATES. 

The Certificate of the Clerk or officer giving 
notice by posting or mailing shall be conclusive 
proof of the giving of such notice, and no affidavit 
shall be required. (Added by Ord. 225-81, App. 
5/5/81) 

SUBDIVISION 6 
PUBLIC AND UTILITY PROPERTY 

SEC. 250.065. MAY OMIT PUBLIC 
PROPERTY. 

If any lot or parcel of land belonging to the 
United States, or to the State, or to any county, 
city, public agency, mandatory of the govern- 
ment, school board, educational, penal or reform 



institution or institution for the feebleminded or 
the insane, is in use in the performance of a 
public function, and fronts upon the proposed 
work or is included within the district to be 
assessed to pay the costs and expenses thereof, 
the Board may, in the resolution of intention, 
declare that such lots or parcels of land, or any of 
them, shall be omitted from the assessment 
thereafter to be made to cover the costs and 
expenses of the work. (Added by Ord. 225-81, 
App. 5/5/81) 

SEC. 250.066. COST ON REMAINING 
PROPERTY. 

If any such lots or parcels of land are omitted 
from the assessment and no contribution has 
been provided therefor, the total expense of all 
work done shall be assessed on the remaining 
lots or parcels of land fronting on the work, or 
lying within the limits of the assessment district, 
without regard to such omitted lots or parcels of 
land. (Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.067. PAYMENT. 

Notwithstanding any provision of general 
law which requires the City to pay any assess- 
ment levied on property described in Section 
250.065 of this Procedure Code, the Board shall 
have the power to levy an assessment thereon 
and such agency to pay the same, 

(a) Pursuant to any general law authoriz- 
ing the same, or 

(b) Pursuant to any contract therefor be- 
tween the City and such agency; and the legality 
thereof shall not be affected by the providing or 
the failure to provide therefor in the resolution of 
intention. (Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.068. UTILITY PROPERTY. 

Property owned or used by any privately 
owned pubUc utility shall be assessed in the 
same manner as other property in the district. 
(Added by Ord. 225-81, App. 5/5/81) 

SUBDIVISION 7 
CONTRIBUTIONS AND ADVANCES 

SEC. 250.070. CONTRIBUTIONS. 

Contributions or partial pajnnents from the 
United States or the State or any agency of 



525 



Improvement Procedure Code 



Sec. 250.078. 



either, or from any other pubhc entity, may be 
accepted and the same or any available City 
monies, deemed by the Board to be in the fur- 
therance of the public interest, may be applied to 
any part of the costs of a project at any time 
during or after the proceedings and, where ap- 
propriate, applied in reduction of the amount 
assessed or to be assessed therefor. (Added by 
Ord. 225-81, App. 5/5/81) 

SEC. 250.071. PURCHASE OF 
ASSESSMENT, WARRANT AND BONDS. 

In any proceedings had hereunder, the City 
may, at any time prior to the delivery or sale 
thereof, determine to purchase the assessment, 
warrant or bonds to be issued therein, subject to 
any limitations contained in the Charter. (Added 
by Ord. 225-81, App. 5/5/81) 

SEC. 250.072. ID.— PAYMENT. 

In such event, the City shall, upon the issu- 
ance of the assessment, warrant or bonds, direct 
the pajmaent of the principal amount to the 
persons entitled thereto. (Added by Ord. 225-81, 
App. 5/5/81) 

SEC. 250.073. ID.— BONDS. 

Such bonds, when issued, shall be made 
payable to bearer, provided, however, that the 
Board may provide for their issuance in, or 
conversion to, registered form. (Added by Ord. 
225-81, App. 5/5/81) 

SEC. 250.074. ID.— CITY. 

In the case of such investment, the City shall 
succeed to all rights under such assessment, 
warrant and bonds. (Added by Ord. 225-81, App. 
5/5/81) 

SEC. 250.075. ID.— SUBSEQUENT 
PURCHASE. 

The City shall have like power to subse- 
quently acquire and own any bonds or assess- 
ments or contract issued or levied or made here- 
under, or now issued and outstanding, for any 
improvement and/or acquisition of the City. (Added 
by Ord. 225-81, App. 5/5/81) 



SEC. 250.076. PURCHASE AND SALE OF 
DELINQUENT PROPERTY. 

The City may bid and purchase any real or 
personal property offered for sale for the nonpay- 
ment of any improvement assessment levied and 
assessed under any of the provisions of this part, 
or of any installment thereof, or penalties or 
costs or interest thereon, or any suit brought to 
foreclosure such assessment. (Added by Ord. 
225-81, App. 5/5/81) 

SEC. 250.077. ID.— SALE. 

Whenever any property shall have been ac- 
quired by the City at any such sale, then such 
property, or any lien thereon or interest therein 
created by such assessment, may be released, 
assigned, sold or otherwise disposed of by City as 
it shall determine; provided, however, that no 
such release, assignment, sale or other disposi- 
tion of any such lien or interest, or of any such 
property, shall be made unless there shall be 
first paid to City a sum of money equal to, and 
not less than the amount paid therefor by City, 
together with all accrued penalties, costs, inter- 
est, and necessary expenses incurred; provided, 
further, that if any lien or interest, or property, 
cannot, as determined by the Board, be sold for 
the amounts or charges computed as herein 
provided, then the Board may by Vs vote of all its 
members, sell any such lien or interest or prop- 
erty for the best price obtainable according to its 
judgment; provided, further, that the Board may 
determine by such Vs vote that the public inter- 
est would best be served by the sale of such 
property for a particular use, in which event the 
consideration therefor shall be as deemed appro- 
priate by the Board. (Added by Ord. 225-81, App. 
5/5/81) 

SEC. 250.078. ADVANCED BY CITY 
WITHOUT BONDS. 

The Board may declare in the resolution of 
intention or by separate resolution subsequently 
adopted that the City intends to advance the 
entire cost of the project from available funds 
without issuance of bonds. In such event, the 
City shall pay all project costs as they accrue, 
and shall succeed to all rights under the assess- 



Sec. 250.078. 



San Francisco - Public Works Code 



526 



ment and to all rights which would have accrued 
under the bonds had they been issued. (Added by 
Ord. 225-81, App. 5/5/81) 

SEC. 250.079. REIMBURSEMENT. 

The assessment and diagram and/or warrant 
shall be recorded as in other cases and notice to 
pay assessments given in the time and manner 
provided herein. Such notices shall provide in 
substance that the assessment may be paid in 
cash in whole or in part at any time prior to the 
notice hereinafter mentioned in Section 250.080, 
but that the amount unpaid as of July 1st of each 
year following the recordation of the assessment 
will be increased by a penalty of 10 percent. 
(Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.080. ID.— NOTICE OF 
INSTALLMENT PAYMENT. 

The City may, at any time after the expira- 
tion of 30 days from recordation of the assess- 
ment, give notice by publication and mailing that 
the amounts unpaid on the 30th day after such 
mailing are due and payable to the City in 
annual installments, not necessarily equal, but 
not exceeding the maximum number of install- 
ments set forth in the resolution of intention, 
with interest at rates to be fixed by the Board, 
but not to exceed the rate set forth in the 
resolution of intention. (Added by Ord. 225-81, 
App. 5/5/81) 

SEC. 250.081. ID.— PAYMENT. 

Thereafter, the annual proportion of each 
assessment coming due in any year, together 
with the annual interest on such assessment, 
shall be payable in the same manner and at the 
same time and in the same installments, and be 
subject to the same proportionate penalties and 
interest after delinquency as would have been 
the case had bonds been issued to represent the 
unpaid assessments. (Added by Ord. 225-81, 
App. 5/5/81) 

SUBDIVISION 8 
REVOLVING FUNDS 

SEC. 250.085. REVOLVING FUND. 

In the exercise of any of the powers now or 
hereafter provided for in this Procedure Code, 



including, but not limited to, the right to take 
immediate possession in eminent domain pro- 
ceedings, the Board may, by resolution, create a 
revolving fund, transfer lawful monies to it, use 
said monies for the purposes designated, reim- 
burse said fund from any monies derived pursu- 
ant to this Procedure Code, and dissolve said 
fund by retransferring said monies to the funds 
from which they were transferred or to any other 
fund it deems appropriate, consistent with any 
legal limitations on the ultimate use of such 
monies and consistent with the provisions of the 
Charter. (Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.086. PROCEDURE. 

The revolving fund may be established, oper- 
ated, reimbursed, reduced or dissolved, in which 
event Article 2, Chapter 3, Division 4, Title 4 of 
the Government Code, may, but need not, apply. 
(Added by Ord. 225-81, App. 5/5/81) 

SUBDIVISION 9 

ASSESSMENT AND DIAGRAM 

SEC. 250.090. ASSESSMENT. 

Parcels may be described as contained on the 
County assessment roll, or with reference to 
recorded maps or deeds or assessors' maps, or by 
other means sufficient for identifications. (Added 
by Ord. 225-81, App. 5/5/81) 

SEC. 250.091. INCLUSION OF OTHER 
SPECIAL ASSESSMENTS. 

Any proceeding had pursuant to this Proce- 
dure Code may include all sums necessary to 
remove former assessments for other projects on 
any of the lands within the assessment district, 
and for the call and retirement of the bonds 
issued therefor, in order that the new assess- 
ments shall become a first lien on all properties 
assessed. (Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.092. CREDIT FOR 
CONTRIBUTION OF MONEY, LAND, 
EASEMENTS OR IMPROVEMENTS. 

In assessing the costs of any acquisitions, 
improvements or maintenance, credits may be 
given or adjustments may otherwise be made by 



527 



Improvement Procedure Code 



Sec. 250.111. 



reason of the former or present contribution of 
monies, lands, easements or improvements, or 
any interest therein, which would otherwise have 
to be acquired or constructed and the costs 
assessed in the project. Should the assessments 
be related to transit, credit or adjustment may be 
made for all, or that portion, of any transit 
development fee or other similar fee or charge 
which may have been paid for the same purpose. 
(Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.093. DIAGRAM. 

The diagram may describe the lands con- 
tained therein in reference to or by copies of 
official maps or assessors' maps, or be otherwise 
sufficient to identify the several parcels thereon. 
It shall not be necessary to show thereon their 
relationship to the acquisitions or improve- 
ments. (Added by Ord. 225-81, App. 5/5/81) 

SUBARTICLE II 
GENERAL PROCEDURE 

SUBDIVISION 1 
PROTESTS 

SEC. 250.100. PROTESTS. 

Objections may be made to ordering improve- 
ments or acquisitions, or to grades, or to an 
assessment, or the extent of the district, or to 
any supplemental assessment or re-assessment, 
the legality of any act or proceedings, or to 
changes, or to any part thereof, at or before the 
hour set for the hearing thereon. (Added by Ord. 
225-81, App. 5/5/81) 

SEC. 250.101. FORM. 

Protests shall be in writing, signed by the 
owner, contain a description of the property 
owned sufficient to identify same, and state the 
interest therein and the nature of the protest, 
and be filed with the Clerk prior to the hour fixed 
for hearing. (Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.102. LEGALITY. 

Objections to legality shall specify the illegal- 
ity, and no other illegalities need be considered. 
(Added by Ord. 225-81, App. 5/5/81) 



SEC. 250.103. MAJORITY PROTESTS. 

Except as otherwise provided herein, the 
Board may, by the affirmative vote of a majority 
of all its members, overrule protests by the 
owners of more than half the area to be assessed. 
(Added by Ord. 225-81, App. 5/5/81) 

SUBDIVISION 2 
HEARINGS 

SEC. 250.105. TIME. 

No hearings need be set for a longer period 
than the time required for giving notice thereof. 
(Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.106. HEARING. 

At the hearing, the Board shall consider and 
pass upon the protests, may remedy or correct 
any irregularity, and may order any improve- 
ment or acquisition to be completed according to 
the plans and specifications and to their satis- 
faction. (Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.107. CONTINUANCES. 

A hearing may be continued from time to 
time and to a specific date, time and place. 
(Added by Ord. 225-81, App. 5/5/81) 

SUBDIVISION 3 
MODIFICATIONS 

SEC. 250.110. MODIFICATIONS. 

During the progress of the project, the Board 
may make changes in the improvements or ac- 
quisitions, the boundaries of the proposed assess- 
ment district or zones or the assessment or the 
estimate of costs, or in any of the proceedings or 
procedures. (Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.111. NOTICE. 

Where said changes result in extending the 
boundaries of the assessment district, increasing 
the total amount to be collected, or increasing 
improvements or acquisitions or making substi- 
tutions therein or in the proceedings or proce- 
dures, they shall not be ordered except after 
notice of its intention so to do has been published 
in the newspaper in which the resolution of 



Sec. 250.111. 



San Francisco - Public Works Code 



528 



intention or notice of improvement was pub- 
lished, describing the proposed changes and speci- 
fying the time and place of hearing. Where said 
change results in the increase of a fixed lien 
assessment as to any one or more parcels, or a 
change of formula for apportionment of a non- 
fixed lien assessment, notice of such intention 
shall also be given by mail to the owners of such 
parcels, not less than 10 days before said hear- 
ing. (Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.112. PROTESTS. 

Protests may only be made against the pro- 
posed changes. (Added by Ord. 225-81, App. 
5/5/81) 

SEC. 250.113. ORDER. 

If no protests are made, or are found to be 
insufficient, or have been overruled, immedi- 
ately thereon the Board may order such changes. 
(Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.114. RECORD. 

Said changes may be made in permanent 
form upon the face of the plans, specifications, 
estimate, diagram, assessment or other docu- 
ment affected, or by an amended or supplemen- 
tal document. (Added by Ord. 225-81, App. 5/5/ 
81) 

SEC. 250.115. LIEN. 

The lien date of the original assessment shall 
not be affected by any such order of modification. 
The lien date of such changes shall be the date on 
which the original assessment was recorded. 
(Added by Ord. 225-81, App. 5/5/81) 

SUBDIVISION 4 
SUPPLEMENTAL ASSESSMENT 

SEC. 250.120. SUPPLEMENTAL 

ASSESSMENT. 

If the first assessment for any improvement 
or acquisition, or if the bonds issued to pay all 
costs, damages and expenses incurred or to be 
incurred, including any judgments rendered or 
to be rendered, and the costs and expenses of 
such action or proceedings, or the estimated 



amount of any thereof, are insufficient, the Board 
may order a supplemental assessment to raise 
such deficit. (Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.121. HOW LEVIED. 

Said assessment shall be made and collected 
in the same manner, as nearly as may be, as the 
first assessment, or a re-assessment may be had 
therefor; and said proceedings may be repeated 
until sufficient money is raised to pay for same. 
(Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.122. NOTICE AND ORDER. 

Notice shall be given, protests may be made, 
and said supplemental assessment heard, con- 
firmed and recorded as herein provided for modi- 
fications. (Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.123. PAYMENT. 

Proceedings for notice, demand and payment 
shall be had as provided for the original assess- 
ment. (Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.124. NONFIXED LIEN. 

Where annual assessments are levied and 
liens imposed to pay the annual principal and 
interest of bonds issued pursuant to Subdivi- 
sions 5, 6 and 7 of Subarticle VI, or pursuant to 
a similar plan, which bonds do not represent 
fixed amounts which are a lien on the lots or 
parcels assessed, an increase of the costs and of 
the supplemental bonds to be issued shall be 
ordered in the manner provided herein for modi- 
fication. (Added by Ord. 225-81, App. 5/5/81) 

SUBDIVISION 5 
REAPPORTIONMENT OF BENEFITS 

SEC. 250.130. DETERMINATION. 

When the assessments are other than fixed 
lien assessments, in the judgment of the Board 
the varying benefits which are being derived by 
the several parcels of taxable property no longer 
reflect the benefits received from the improve- 
ments, whether within an assessment district 
theretofore established by it, or in a zone thereof, 
or as to the extent of the areas of either, either by 
reason of changed conditions or a reconsidera- 



529 



Improvement Procedure Code 



Sec. 250.139. 



tion of original benefits, the apportionment of 
which has been estabUshed by it, it may take 
proceedings to re-estabUsh the apportionment of 
said benefits among said several parcels. (Added 
by Ord. 225-81, App. 5/5/81) 

SEC. 250.131. PROCEDURE. 

When proceedings are had pursuant hereto, 
the provisions of Subdivision 3 of this Subarticle 
shall apply (Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.132. METHOD. 

In the reapportionment of said benefits, the 
properties may be divided into zones in the 
manner herein provided, varying benefits may 
be assigned to the several zones, benefits of 
existing zones may be reapportioned, changes 
may be made in the properties within the dis- 
trict, or in the method of apportioning benefits 
previously established, or in the amounts or 
percentage of money that may be raised in the 
various zones, or in the rate of assessment levy 
that may be made therein, and provision may be 
made for granting credits for offsetting benefits. 
(Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.133. FORMULAE. 

The formulae for making such changes and 
modifications, the manner of apportioning ben- 
efits and the manner in which it shall be carried 
out shall be clearly set forth in the resolution of 
intention to make the changes. The resolution 
ordering the change shall also set forth such 
matters, either expressly or by referring to them 
as set forth in the prior resolution. (Added by 
Ord. 225-81, App. 5/5/81) 

SUBARTICLE III 
CURATION 

SUBDIVISION 1 
CURATION 

SEC. 250.135. CONSTITUTIONALITY. 

If any provision of this Procedure Code or the 
application thereof to any person or circum- 
stance shall be held invalid, such invalidity shall 
not affect any other provision or such other 



application of such provision which can be given 
effect without such provision or application, and 
to this end the provisions of this Procedure Code 
are declared to be severable. (Added by Ord. 
225-81, App. 5/5/81) 

SEC. 250.136. WAIVER. 

All objections not made within the time and 
manner herein provided are waived. (Added by 
Ord. 225-81, App. 5/5/81) 

SEC. 250.137. ORDERS FINAL. 

All decisions and determinations of the Board, 
upon notice and hearing, shall be final and 
conclusive upon all persons entitled to appeal, as 
to all errors, informalities, omissions and irregu- 
larities which might have been avoided, or which 
might have been or may be remedied, and as to 
illegalities not amounting to a want of due pro- 
cess of law. (Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.138. NOTICE OF AWARD. 

The notice to pay assessments under the 
Street Opening Act of 1903 or the Municipal 
Improvement Act of 1913, and a notice confirm- 
ing assessment or re-assessment under any other 
procedure herein, shall have like curative effect 
as the Notice of Award under the Improvement 
Act of 1911. (Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.139. LIBERALLY CONSTRUED. 

This Procedure Code shall be liberally con- 
strued in order to effectuate its purpose. No 
error, irregularity, informality, omission or ille- 
gality and no neglect or omission of any officer, in 
any procedure taken hereunder, which does not 
directly affect the jurisdiction of the Board to 
order the work, improvement, or maintenance 
shall void or invalidate such proceeding or any 
assessment for the cost of any work, acquisition, 
or maintenance hereunder. The exclusive rem- 
edy of any person affected or aggrieved thereby 
shall be by appeal to the Board in accordance 
with the provisions hereof. (Added by Ord. 225- 
81, App. 5/5/81) 



Sec. 250.140. 



San Francisco - Public Works Code 



530 



SEC. 250.140. VALIDITY. 

No step in any proceeding shall be invali- 
dated or affected by any error or mistake or 
departure from the provisions of this Procedure 
Code as to the officer or person posting or pub- 
lishing or mailing, or procuring the publication 
or posting or mailing of any notice, resolution, 
order or other matter when such notice is actu- 
ally given for the time required. (Added by Ord. 
225-81, App. 5/5/81) 

SEC. 250.141. EFFECT OF 
PUBLICATION. 

No assessment, reassessment, supplemental 
assessment, warrant, diagram, bond, or note, or 
any of their levy or issuance, and no proceedings 
for same, shall be held invalid by any court for 
any error, informality, omission, irregularity, il- 
legality or other defect in the same, where the 
resolution of intention or notice of improvement 
have been actually published as herein provided. 
(Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.142. DEDICATION. 

No proceedings shall be held to be invalid 
upon the ground that the place or property upon 
which the work or improvement or part thereof 
is to be or was done, had not been lawfully 
dedicated or acquired, provided the same shall 
have been lawfully dedicated or acquired or an 
order for immediate possession and use thereof 
shall have been obtained at any time before final 
judgment is entered in any legal action. (Added 
by Ord. 225-81, App. 5/5/81) 

SEC. 250.143. LIMITATION OF ACTIONS. 

No action, suit or proceeding to set aside, 
cancel, void, annul or correct any assessment or 
re-assessment, or to review any of the proce- 
dures, acts or determinations in any proceed- 
ings, or to question the validity or to enjoin the 
collection of any assessments or re-assessments 
or supplemental assessments shall be main- 
tained by any person unless such action, suit or 
proceeding shall have been commenced within 
30 days after the acquisition or improvement, or 
the formation of the maintenance district, had 



been ordered or such assessment shall have been 
confirmed, whichever shall first occur. (Added by 
Ord. 225-81, App. 5/5/81) 

SEC. 250.144. ID.— NONFIXED LIEN. 

When bonds are to be issued pursuant to 
Subdivisions 5, 6, or 7 of Subarticle VI, pursuant 
to a similar plan, in which the bonds do not 
represent fixed amounts which are a lien on the 
properties assessed, or when a maintenance dis- 
trict is formed, no action, suit or proceeding to 
set aside, cancel or void the jurisdiction of the 
Board in the proceedings or to order the issuance 
of the bonds or to issue the bonds, or to levy any 
annual assessment to pay the principal and 
interest of the bonds, or maintenance of said 
improvements, unless such suit, action or pro- 
ceeding shall have been commenced within 30 
days after the Board shall have ordered the 
acquisitions and improvements or formation of 
said district. (Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.145. ID.— DEFENSE. 

No defense based on invalidity or irregularity 
in any such proceedings shall be raised or pleaded 
after the expiration of such 30-day period. (Added 
by Ord. 225-81, App. 5/5/81) 

SEC. 250.146. VALIDATING 
PROCEDURE. 

The Board at any time after the adoption of 
the resolution of intention, the proposed contrac- 
tor at any time after the award of the contract to 
him, or the proposed purchaser of the warrant or 
any bonds to be issued at any time after the 
assignment of said warrant or award of said 
bonds to him, may bring an action in the Supe- 
rior Court of the State of California in and for the 
City and County of San Francisco, to determine 
the validity of any such proceedings, of such 
proposed contract, or of the assessment or tax 
levied or to be levied, or of said bonds issued or to 
be issued. (Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.147. PROCEDURE. 

Except as provided in Section 250.146, Chap- 
ter 9 (commencing with Section 860), Title 10, 



531 



Improvement Procedure Code 



Sec. 250.162. 



Part 2, California Code of Civil Procedure, shall 
apply. (Added by Ord. 225-81, App. 5/5/81) 

SUBDIVISION 2 
RE-ASSESSMENT 

SEC. 250.150. RE-ASSESSMENT. 

If, in the opinion of the Board, any assess- 
ment heretofore or hereafter made or issued is 
void or unenforceable, for any cause, or if bonds 
are issued to represent or be secured by any 
assessments and such issuance is not effective 
through the curative provisions applicable thereto 
to make them valid and enforceable, or if the 
previous assessment or bonds are insufficient to 
pay the cost or estimated cost or the project, or if 
the Board shall determine that the public inter- 
est will be served thereby, a re-assessment may 
be had. (Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.151. UNCOMPLETED 
IMPROVEMENT. 

Where the assessment was for an uncom- 
pleted improvement, a re-assessment may be 
had notwithstanding the improvement is not 
completed. In such case, the re-assessment shall 
assess upon the lands benefited the benefits 
derived from the improvement or to be derived 
from the improvement when completed. (Added 
by Ord. 225-81, App. 5/5/81) 

SEC. 250.152. WHEN AND HOW MUCH. 

If a determination is made as provided in 
Section 250.150, the re-assessment shall be made 
upon the demand of the contractor or his assigns, 
or the owner or holder of bonds aggregating Va of 
the principal amount outstanding, or upon order 
of the Board and shall be made in the manner 
and form provided by the Improvement Act of 
1911 or Improvement Bond Act of 1915, which- 
ever is deemed appropriate. Nothing contained 
herein shall prevent the Board from ordering a 
re-assessment on its motion, and its decision so 
to do shall be final and conclusive. (Added by 
Ord. 225-81, App. 5/5/81) 

SEC. 250.153. INTEREST. 

In the resolution ordering the reassessment, 
the Board shall determine whether said re- 



assessment shall include interest and, if so, the 
rate at which and the date from which it shall be 
computed. In lieu thereof, it may order that the 
re-assessment shall bear interest at a rate and 
from a date certain. (Added by Ord. 225-81, App. 
5/5/81) 

SEC. 250.154. PAYMENT. 

If the bonds have not been issued, or if the 
bonds outstanding are not to be replaced by new 
bonds, proceedings for notice to pay, demand and 
payment shall be had as provided for the original 
assessment. (Added by Ord. 225-81, App. 5/5/81) 

SUBARTICLE IV 
LIEN 

SUBDIVISION 1 
NATURE AND EXTENT 

SEC. 250.160. PRIORITY OF LIENS. 

Except as hereinafter provided, the lien of 
any assessments levied or bonds issued under 
this Procedure Code or any law referred to herein 
shall be subordinate to all special assessment 
liens and the lien of the bonds previously im- 
posed upon the same property, but shall have 
priority over all such liens subsequently imposed 
upon the same property, to be determined by the 
date or the recordation of the assessment. Bonds 
issued upon a re-assessment or a supplemental 
assessment shall have the same priority as that 
of the original bonds. (Added by Ord. 225-81, 
App. 5/5/81) 

SEC. 250.161. DURATION OF LIENS. 

All assessments, reassessments, and bonds 
and each installment thereof, and the interest, 
costs and penalties upon same, levied hereunder, 
shall continue as liens against the lots and 
parcels on which they are levied and imposed, as 
provided in the Code of Civil Procedure. (Added 
by Ord. 225-81, App. 5/5/81) 

SEC. 250.162. NONFIXED LIEN BONDS. 

Bonds issued pursuant to Subdivisions 5, 6, 
or 7 of Subarticle VI or pursuant to any other 
bond plan now or hereafter adopted by the Board 



Sec. 250.162. 



San Francisco - Public Works Code 



532 



which are payable from annual assessment lev- 
ies which are not installments of total assess- 
ments which are a fixed lien on the properties 
assessed, and the annual assessment install- 
ments levied to pay the principal and interest of 
such bonds, are hereby declared to be on an 
equal parity one with another, regardless of bond 
plan, issue, series or date of issue. (Added by 
Ord. 225-81, App. 5/5/81) 

SEC. 250.163. PRIORITY OF NONFIXED 
LIEN ASSESSMENT LEVIES. 

Annual assessment installments levied to 
pay the principal and interest of bonds of the 
nature described in Section 250.162 or to pay the 
costs of maintenance and operation of improve- 
ments, equipment and facilities, shall constitute 
liens on the respective lots and parcels assessed 
co-equal with the lien of general taxes, not sub- 
ject to extinguishment by the sale of any prop- 
erty on account of the nonpayment of general 
taxes, and prior and superior to all liens, claims, 
encumbrances and titles other than liens of 
general taxes. (Added by Ord. 225-81, App. 5/5/ 
81) 

SUBARTICLE V 
ACQUISITION, AND IMPROVEMENT 

AND MAINTENANCE 
DISTRICT PROCEDURE 

SUBDIVISION 1 
INVESTIGATION PROCEEDINGS 

SEC. 250.170. NECESSITY OF 
IMPROVEMENT. 

When it appears that the public convenience 
and necessity require an acquisition and/or im- 
provement and proceedings should be taken with- 
out compljdng with the provisions of the Special 
Assessment Investigation, Limitation and Major- 
ity Protest Act of 1931, a public hearing shall be 
held on the said question of the public conve- 
nience and necessity therefor which shall be 
called and notice of the time and place thereof 
shall be given in accordance with the provisions 
of this Article. (Added by Ord. 225-81, App. 
5/5/81) 



SEC. 250.171. PRELIMINARY 
DETERMINATION OF NECESSITY. 

A resolution of preliminary determination 
shall be adopted describing in general terms the 
proposed improvement or acquisition and setting 
a time and place when and where any and all 
persons interested may appear and show cause, 
if any they have, why the Board should not find 
and determine that the public convenience and 
necessity require the proposed acquisition or 
improvement without compliance with said In- 
vestigation Act. (Added by Ord. 225-81, App. 
5/5/81) 

SEC. 250.172. NOTICE AND HEARING. 

The resolution shall contain a notice of the 
time and place of hearing. A copy of the resolu- 
tion or of the notice shall be published in one or 
more issues of a newspaper published and circu- 
lated in the City, and a copy shall be posted on or 
near the Board Chamber door or on a bulletin 
board in or adjacent to the City Hall. The posting 
and first publication shall be had at least 10 days 
before the date of hearing. The resolution may be 
consolidated with the resolution of intention, 
and the notice may be incorporated in the notice 
of improvement. (Added by Ord. 225-81, App. 
5/5/81) 

SEC. 250.173. OBJECTIONS. 

Any person interested may object to under- 
taking the proceedings without first compljdng 
with the provisions of the said Investigation Act. 
(Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.174. FINAL DETERMINATION 
OF NECESSITY. 

If no protests are made, or when the protests 
shall have been heard and overruled, the Board 
may adopt a resolution finding and determining 
that the public convenience and necessity re- 
quire the proposed improvements and/or acqui- 
sitions, and that the Investigation Act shall not 
apply. The finding may be incorporated in the 
resolution ordering the improvement and/or ac- 
quisition. (Added by Ord. 225-81, App. 5/5/81) 



533 



Improvement Procedure Code 



Sec. 250.189. 



SEC. 250.175. MODIFICATION. 

When proceedings are had for a change and 
modification, the resolution of intention to change 
and modify shall be deemed a resolution of 
intention and the resolution ordering the changes 
and modifications shall be deemed a resolution 
ordering the improvement or acquisition as to 
the changes and modifications. (Added by Ord. 
225-81, App. 5/5/81) 

SEC. 250.176. JURISDICTION. 

The resolution determining the convenience 
and necessity shall be adopted by the affirmative 
vote of Vs of the members of the Board, and its 
finding and determination shall be final and 
conclusive. (Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.177. NONAPPLICATION. 

This Subdivision shall not apply to a proceed- 
ing which is excepted from the provisions of the 
said Investigation Act, or when the investigation 
proceedings have been avoided or taken pursu- 
ant to said Act. (Added by Ord. 225-81, App. 
5/5/81) 

SEC. 250.178. FINALITY. 

Where proceedings for any improvements 
and/or acquisition or any part thereof have been 
undertaken without compliance with the Inves- 
tigation Act or without proceedings under this 
Subdivision, proceedings may thereafter be had 
under this Subdivision with reference thereto, 
and the order of the Board determining conve- 
nience and necessity therein shall be final and 
conclusive. (Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.179. NOTICE OF 
ASSESSMENT— FIXED LIEN 

ASSESSMENTS. 

Notice of assessment shall be given in a fixed 
lien assessment proceeding in the manner pro- 
vided in Section 3114 of the Streets and High- 
ways Code and Section 27288.1 of the Govern- 
ment Code. (Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.180. ID.— OTHER 

ASSESSMENTS. 

The provisions of Section 250.179 shall not 
apply in a proceeding which does not provide for 
fixed lien assessments. (Added by Ord. 225-81, 
App. 5/5/81) 



SUBDIVISION 2 
IMPROVEMENT ACT OF 1911 

SEC. 250.185. POWERS. 

The Improvement Act of 1911, as said Act 
may be amended from time to time, is incorpo- 
rated in and made a part of this Subarticle. 
When proceedings are taken pursuant to this 
Subdivision, except as otherwise provided herein, 
the mode and manner of making improvements 
and for levying and collecting assessments as set 
forth in said Act shall apply. (Added by Ord. 
225-81, App. 5/5/81) 

SEC. 250.186. CASH ASSESSMENTS, 
ALTERNATIVE COLLECTION. 

As an alternative method for the collection of 
cash assessments or assessments of less than 
$150 levied upon the provisions of this Subdivi- 
sion, the Board may, and upon the timely written 
request of the contractor or his assigns, must, by 
resolution adopted at or before the first day of 
September direct that such assessments be col- 
lected upon the County tax roll. (Added by Ord. 
225-81, App. 5/5/81) 

SEC. 250.187. ID.— RESOLUTION, 
CONTENTS. 

The resolution shall contain a description of 
the properties so assessed, the amount of such 
assessments, together with interest thereon from 
the date of filing the original list of unpaid 
assessments and at the rate of one percent per 
month to the next succeeding thirty-first day of 
December of the tax year for which such roll 
shall have been prepared, and the total amoimts 
of principal and interest on each property. (Added 
by Ord. 225-81, App. 5/5/81) 

SEC. 250.188. ID.— FILING. 

A certified copy of said resolution shall be 
delivered immediately to the Tax Collector. (Added 
by Ord. 225-81, App. 5/5/81) 

SEC. 250.189. ID.— EXTENSION ON 
ROLL. 

Said officer shall extend upon such roll the 
total amounts of such assessments and interest. 
(Added by Ord. 225-81, App. 5/5/81) 



Sec. 250.190. 



San Francisco - Public Works Code 



534 



SEC. 250.190. ID.— COLLECTION. 

Said amounts shall be collected at the same 
time and in the same manner, as general taxes 
are collected, and be subject to the same penal- 
ties and interest, and to the same procediu-e for 
foreclosure and sale in case of delinquency, as 
provided for general taxes, all of which laws for 
the levy, enforcement and collection of which are 
hereby made applicable to such special assess- 
ment levies. (Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.191. ID.— PAYMENT TO 
CONTRACTOR. 

Said assessments and the interest so ex- 
tended shall become due and payable to the 
contractor or his assigns at the office of the 
Treasurer on the second day of January next 
succeeding. (Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.192. ID.— DEFAULT. 

Upon default in payment, the lands so as- 
sessed shall be sold in the same manner in which 
real property in such City is sold for the non- 
payment of general taxes, and be subject to 
redemption in the same manner as such real 
property is redeemed from such delinquent sale, 
and upon failure of such redemption, shall in like 
manner be sold or pass by deed to the City. The 
City shall not, however, be required to pay into 
the assessment fund any part of such delin- 
quency until such property be redeemed or sold 
and money received therefor. (Added by Ord. 
225-81, App. 5/5/81) 

SEC. 250.193. ID.— RESALE. 

Upon receipt of such deed, the City shall 
thereupon offer and sell such property at public 
auction in the manner provided by law for the 
sale of its tax-deeded property, and the amount 
of said assessment and the penalties and inter- 
est thereon, less the costs of said sale, shall be 
paid to said contractor or his assigns. (Added by 
Ord. 225-81, App. 5/5/81) 

SEC. 250.194. ID.— NO BIDDER. 

In the event there shall have been no bidder 
offering the amount then due on such property, it 
may, at the City's election, be declared sold to the 



owner of such assessment, and in like manner be 
deeded to him, and such assessment ordered 
satisfied of record. (Added by Ord. 225-81, App. 
5/5/81) 

SUBDIVISION 3 
RESERVED 

SUBDIVISION 4 

MUNICIPAL IMPROVEMENT ACT OF 

1913 

SEC. 250.210. POWERS. 

The Municipal Improvement Act of 1913, as 
said Act may be amended from time to time, is 
incorporated in and made a pgut of this Subar- 
ticle. When proceedings are taken pursuant to 
this Subdivision, except where inconsistent with 
applicable provisions of this Procedure Code, the 
mode and manner of making improvements and 
for levying and collecting assessments as set 
forth in said Act shall apply. (Added by Ord. 
225-81, App. 5/5/81) 

SEC. 250.211. HEARING. 

The hearing on the report need not be set for 
more than 10 days beyond the date of setting. 
(Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.212. BONDS. 

Bonds may be issued upon any supplemental 
assessment, and more than one such assessment 
may be had. (Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.213. PAYMENT— TIME. 

The time provided for pajnnent of assess- 
ments may be 30 days. (Added by Ord. 225-81, 
App. 5/5/81) 

SEC. 250.214. ID.— TO WHOM. 

Payment shall be made to the Treasurer 
unless the Board shall specify some other officer 
to whom payments are to be made. (Added by 
Ord. 225-81, App. 5/5/81) 

SEC. 250.215. EMINENT DOMAIN. 

Proceedings in eminent domain may be exer- 
cised under the Code of Civil Procedure. Since 



535 



Improvement Procedure Code 



Sec. 250.231. 



the assessment is made upon an estimate and 
before the entry of the interlocutory judgment as 
to any parcel, benefits above the amount of the 
assessment on such parcel shall be credited 
against severance damages as to such parcel in 
said action. (Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.216. STIPULATIONS FOR 
JUDGMENT. 

Stipulations and proceedings thereon for judg- 
ment may be had as provided in the Street 
Opening Act of 1903. (Added by Ord. 225-81, 
App. 5/5/81) 

SEC. 250.217. OFFSET. 

Awards and assessments may be offset as 
provided in the Street Opening Act of 1903. 
(Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.218. REFEREES. 

Reference to referees may be had as provided 
in the Street Opening Act of 1903. (Added by 
Ord. 225-81, App. 5/5/81) 

SEC. 250.219. SURPLUS. 

Where surplus is not used for maintenance of 
the improvement and is ordered refunded and 
the assessment has been paid in cash in full, the 
portion of the surplus applicable thereto shall be 
returned in cash to the person pa5dng it or to his 
assignee, upon his furnishing satisfactory evi- 
dence of such payment. The determination of the 
Treasurer as to the sufficiency of such proof and 
the person to whom such money shall be paid 
shall be final and conclusive. When bonds have 
been, or are provided to be issued under Bond 
Plan D, E, or F, the surplus shall be deposited in 
the bond interest and redemption fund. Any 
surpluses remaining unexpended for a period of 
four years after final completion of the project 
and payment of all costs and expenses thereof 
may be transferred to the general fund. (Added 
by Ord. 225-81, App. 5/5/81) 

SEC. 250.220. NOTICE TO OWNERS. 

When bonds are to be issued on a basis other 
than fixed lien assessments, the basis or formula 
for the annual levies shall be stated in the notice 



to property owners, and the provisions of Subdi- 
vision (c) of Section 10307 of the Streets and 
Highways Code shall not apply. (Added by Ord. 
225-81, App. 5/5/81) 

SUBDIVISION 5 
PARKING AND TRANSIT DISTRICTS 

SEC. 250.230. POWER. 

There is hereby vested in the Board the 
power to acquire, construct, reconstruct, install, 
extend, enlarge, repair, improve, maintain, and 
operate public automobile parking places within 
the City; to acquire, by purchase, lease or emi- 
nent domain the lands and public rights-of-way 
necessary or convenient therefor; to acquire and 
construct public improvements and equipment 
and facilities necessary or convenient therefor; 
to levy assessments and issue bonds to pay for 
the cost of the whole or any part thereof and the 
expenses incidental thereto; and to levy assess- 
ments to pay for the cost of maintenance, repair 
and remodeling of any parking place, parking 
lot, garage or structure. There is further vested 
in the Board the right to determine that public 
transit facilities shall be provided and operated 
and maintained in substitution, in whole or in 
part, for public parking places. In such event, the 
Board may determine to levy assessments to pay 
that portion of the costs of capital improvement, 
replacement, operation, maintenance and repair 
of such transit facilities or equipment provided 
in lieu of public parking and necessary for the 
full utilization of the land benefiting. (Added by 
Ord. 225-81, App. 5/5/81) 

SEC. 250.231. DISTRICT. 

The whole, or any portion, of said City may 
be formed into an improvement and/or mainte- 
nance district and assessments may be levied 
upon, and bonds may be issued against, the 
properties therein for the purpose of paying for 
the costs of acquiring, constructing, reconstruct- 
ing, installing, extending, enlarging, repairing, 
improving, maintaining and operating parking 
places and transit facilities, and the expenses 
incidental thereto. Proceedings for the formation 
of such district or districts for the levjdng of such 



Sec. 250.231. 



San Francisco - Public Works Code 



536 



assessments and for the issuing of such bonds, if 
any, shall be as provided in Subarticles V and VI 
of this Procedure Code. (Added by Ord. 225-81, 
App. 5/5/81) 

SEC. 250.232. ZONES. 

If, in the judgment of the Board, varying 
benefits will be derived by the different parcels of 
real property Ijdng within the assessment dis- 
trict, the district may be divided into zones 
according to benefits. 

(a) The district may be divided into as many 
zones, up to the total number of parcels of land in 
the district, as may be deemed proper, and each 
zone shall be composed of and include all of the 
lands within the district which will be benefited 
in like measure. 

(b) The Board shall also determine the ap- 
portionment of the sum to be raised each year by 
the levy and collection of the assessments in the 
district for the pajrments of the principal and 
interest of the bonds or for purposes of paying 
costs of capital replacement, maintenance and 
repair, which amount will be raised from the 
lands in each zone. 

(c) When the district is divided into zones, 
the resolution of intention shall so state, giving 
the method of apportionment to be used to deter- 
mine the amounts to be raised from lands in each 
zone. 

(d) Each zone shall be designated by a dif- 
ferent letter or number and shall be plainly 
shown on the map or plat of the assessment 
district filed in the office of the Clerk and re- 
ferred to in the resolution of intention, either by 
separate boundaries, coloring or other conve- 
nient and graphic method, so that all persons 
interested may with accuracy ascertain within 
which zone any parcel of land is located. 

(e) It shall be sufficient, in all cases where 
the assessment district is to be divided into zones 
according to benefits, if the resolution of inten- 
tion states the fact and refers to the plat or map 
for the boundaries and all details concerning the 
zones. (Added by Ord. 225-81, App. 5/5/81) 



SEC. 250.233. PROPERTY. 

The City may, in furtherance of its parking 
and transit purposes, purchase, lease, obtain 
option upon, acquire by gift, grant, bequest, 
devise, eminent domain, or otherwise, and hold, 
sell, lease, exchange, transfer, assign or other- 
wise dispose of, any real or personal property 
within the City or any interest in, or improve- 
ment on, such property. All such property shall 
be acquired and held in the name of the City. 
(Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.234. CITY LANDS OR 
PROPERTY. 

City lands or property may be acquired. In 
such event, the resolution of intention shall 
describe same and state the amount and manner 
of pajnnent of the compensation. In lieu thereof, 
the Board may provide in said resolution that 
the compensation for said lands or property shall 
be an amount to be fixed by the decision of two or 
three disinterested competent appraisers to be 
appointed by the Board. (Added by Ord. 225-81, 
App. 5/5/81) 

SEC. 250.235. SALE OR LEASE OF 
PROPERTY. 

The Board may sell or lease any land or 
property acquired for parking places or transit 
purposes which is not needed therefor. Any money 
received from such sale or lease may be used for 
the acquisition, construction or improving of 
other parking places or transit facilities in the 
parking or transit district. It may also be applied 
as a credit on any assessments levied for the 
acquisition of such property, in which case the 
provisions of Section 250.219 shall apply. (Added 
by Ord. 225-81, App. 5/5/81) 

SEC. 250.236. LEASE OF PROPERTY. 

When, in its opinion, the public interest and 
economy will be served thereby, the Board may 
lease one or more parking places and facilities or 
transit facilities. In so doing, the Board may 
restrict or partially restrict their use to owners 
and tenants of real property in the district and 
classes or persons designated by such owners or 
tenants. (Added by Ord. 225-81, App. 5/5/81) 



537 



Improvement Procedure Code 



Sec. 250.242. 



SEC. 250.237. INCIDENTAL USE OF 
PROPERTY. 

As an incident to the operation of any park- 
ing or transit facility, the Board may devote a 
portion of the property to uses such as retail 
stores, bus terminals, gasoline service stations, 
helicopter landing areas, restaurants or eating 
places, or any other commercial use, when in its 
judgment it is convenient or necessary to con- 
duct or permit such use in order to utilize prop- 
erly the property as a parking or transit facility. 
Any such incidental use shall be secondary to the 
primary use as a parking or transit facility, and 
shall not exceed 25 percent surface area of the 
property or, in the case of a building, 25 percent 
of the floor area or of the value of the structure. 
Rentals received for such purpose shall be depos- 
ited in the improvement fund or in the bond 
interest and redemption fund for said project as 
the Board shall determine. (Added by Ord. 225- 
81, App. 5/5/81) 

SEC. 250.238. FEES AND RENTALS. 

The Board may fix rentals, fees or other 
charges for the properties, works and facilities or 
any parking place. In so doing, it may establish 
rates, charges or rentals for the owners and 
tenants of such properties and classes of persons 
designated by the owners or tenants which dif- 
fers from and are less than the rates, charges 
and rentals charged other persons. (Added by 
Ord. 225-81, App. 5/5/81) 

SEC. 250.239. OPERATION— PARKING. 

Such parking places may be maintained and 
operated, and all or any costs and expenses 
thereof, including rent, repairs, replacement, fuel, 
power, electrical current, care, supervision, and 
any other items necessary for the proper main- 
tenance and operation thereof, may be expended 
for that purpose. Included in such costs may be 
the cost of replacements, improvements and ex- 
tensions to any parking place necessary or con- 
venient for the proper operation thereof. (Added 
by Ord. 225-81, App. 5/5/81) 

SEC. 250.240. OPERATION— TRANSIT. 

Transit facilities, to the extent they are de- 
termined by the Board to be of special benefit. 



may be maintained and operated, and the costs 
and expenses or portion thereof, including re- 
pairs, replacement, fuel, power, electrical cur- 
rent, operation, care, supervision and any other 
items necessary therefor, may be expended for 
that purpose. Included in such costs may be the 
cost of replacements and improvements of or to 
specific transit facilities deemed necessary or 
convenient for the proper operation thereof (Added 
by Ord. 225-81, App. 5/5/81) 

SEC. 250.241. MAINTENANCE COST. 

An annual assessment may be levied upon 
the real property within the district established 
therefor for the purpose of maintaining and 
operating such parking places or transit facili- 
ties. Such assessment shall be in an amount 
clearly sufficient to pay any and all costs £md 
expenses of maintaining and operating such park- 
ing places or transit facilities then due or there- 
after to accrue before the proceeds of another 
levy shall be available therefor and which are 
not otherwise provided for. Such levy shall be 
apportioned among the properties within such 
district on the basis of the method of apportion- 
ment set forth in the resolution of intention to 
establish the district or in proceedings hereafter 
conducted pursuant to Section 250.260 hereof, 
for the purpose of establishing such a method. 
(Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.242. ANNUAL REPORT. 

When any part of the operative cost of park- 
ing places is to be paid by a special levy, the San 
Francisco Parking Authority shall annually file 
with the Clerk a written report stating in rea- 
sonable detail the estimated cost of maintenance 
and operation for which an assessment is to be 
levied in that year, including the cost of replace- 
ments, improvements and extensions to any park- 
ing place. When part of the operation costs of 
transit are to be so paid, such report shall be 
prepared and filed by the Municipal Transporta- 
tion Agency. The report shall also state the 
manner of apportioning the levy to be made 
therefor. When such report shall have been pri- 
marily approved by the Board, the Clerk shall 
give notice to interested persons that such report 



Supp. No. 4, January 2007 



Sec. 250.242. 



San Francisco - Public Works Code 



538 



has been filed in his office and open to inspection, 
and of a time and place when such report will be 
heard by the Board and an assessment ordered. 
Such notices may be by publication in a newspa- 
per published in the City, or by mail to the 
assessees of the property at their addresses 
appearing on the last County tax roll or entitled 
to be shown on the next equalized roll as deter- 
mined from the records of the Assessor or ascer- 
tained prior to the mailing or as known to the 
Clerk, at least 10 days before the day set for 
hearing. (Added by Ord. 225-81, App. 5/5/81; 
Ord. 14-07, File No. 061675, App. 2/9/2007) 

SEC. 250.243. ID.— HEARING. 

The report shall be fully heard, and may be 
altered, amended or supplemented by the Board. 
When all objections have been heard and action 
taken with reference thereto, by their having 
been overruled or otherwise, such report as pre- 
sented or as modified shall be confirmed by 
resolution of the Board. Such levy shall become 
and remain a lien on the property described 
therein from the date it is confirmed until paid. 
(Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.244. ID.— COLLECTING 
ASSESSMENT. 

The Tax Collector shall extend the amounts 
thereof on the next tax rolls on which taxes are 
collected; and it shall be collected in the same 
manner, and be subject to the same penalties, 
costs and interest, and may be redeemed, and 
the property sold for nonpayment thereof, and 
title shall pass to the purchaser, as provided for 
taxes, except that the period of redemption shall 
be one year instead of five. (Added by Ord. 
225-81, App. 5/5/81) 

SEC. 250.245. TRANSFER OF FUNDS. 

The City may advance funds for the acquisi- 
tion, construction or improving of such parking 
places or transit facilities, or for the mainte- 
nance and operation thereof, and reimburse it- 
self from the proceeds of any assessment subse- 
quently levied for that purpose. It may also make 
contributions thereto from available funds. (Added 
by Ord. 225-81, App. 5/5/81) 



SEC. 250.246. PLEDGE. 

The Board may, at any time, make such 
pledge or pledges, as it shall determine, for the 
pa3mient of the principal and interest of the 
bonds, or for the maintenance and operation of 
the facilities constructed, acquired or to be con- 
structed or acquired therewith or with other 
funds, or for adequate reserves, from the income 
and revenue of on and off-street parking or 
transit facilities. (Added by Ord. 225-81, App. 
5/5/81) 

SEC. 250.247. COVENANTS. 

The Board may provide all proper and usual 
covenants for the proper security and pa5niient of 
the principal and interest of the bonds, including 
a covenant to establish a special security fund, or 
to foreclose, in the manner provided by Division 
10 (commencing with Section 8500) of the Streets 
and Highways Code. (Added by Ord. 225-81, 
App. 5/5/81) 

SEC. 250.248. ALTERATION OF 
DISTRICT. 

The boundaries of such district may be en- 
larged from time to time. The territory to be 
annexed shall be set forth in a resolution of 
intention to be adopted by the Board, which shall 
give notice that said matter, and all persons 
interested, will be heard by the Board at a time 
to be stated therein, at the regular meeting place 
of the Board. (Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.249. ID.— PUBLICATION. 

Such resolution shall be published. (Added 
by Ord. 225-81, App. 5/5/81) 

SEC. 250.250. ID.— HEARING. 

The hearing may be adjourned from time to 
time. At the hearing, the Board shall have power 
to determine whether or not the entire territory, 
or only a portion thereof, to be annexed will be 
benefited by being annexed. (Added by Ord. 
225-81, App. 5/5/81) 

SEC. 250.251. ID.— ORDER. 

The Board shall by resolution order the £in- 
nexation of such territory, defining its bound- 



Supp. No. 4, January 2007 



539 



Improvement Procedure Code 



Sec. 250.260. 



aries therein. Its decisions thereon shall be final 
and conclusive. (Added by Ord. 225-81, App. 
5/5/81) 

SEC. 250.252. ID.— EFFECT. 

Thereafter the property annexed shall be 
subject to special levies for capital replacement, 
maintenance and operation and for any nonfixed 
lien assessment bonds issued for the acquisition 
or construction of said improvements. (Added by 
Ord. 225-81, App. 5/5/81) 

SEC. 250.253. SUPPLEMENTAL 
REMEDY PROVISIONS. 

To the extent authorized under the California 
Constitution, the supplemental remedy provi- 
sions of Part 13 (commencing at Section 8800) of 
Division 10 of the Streets and Highways Code 
shall apply. This section is adopted pursuant to 
Section 43240 of the Government Code. (Added 
by Ord. 225-81, App. 5/5/81) 

SUBDIVISION 6 

MAINTENANCE DISTRICTS 

SEC. 250.260. NEW MAINTENANCE 
DISTRICTS. 

(a) Whenever the Board determines it to be 
appropriate, the cost of capital replacement, main- 
tenance and operation of any public improve- 
ment or facility of a local nature may be financed 
pursuant to proceedings undertaken pursuant to 
this Subdivision. Such proceedings are alterna- 
tive to any other procedures available under 
general law or ordinance heretofore or hereafter 
enacted by the Board. 

(b) Board Powers: The Board may, by reso- 
lution, declare its intention to order that the 
costs and expenses of maintaining and operating 
any or all public improvements or facilities of a 
local nature, including the cost of necessary 
repairs, replacements, fuel, power, electrical cur- 
rent, care, supervision, and any and all other 
items necessary for the proper maintenance and 
operation, including replacements, improve- 
ments and extensions thereof, shall be assessed 
either partly or wholly upon such district as the 
Board shall determine will be benefited by the 



maintenance and operation of the public improve- 
ments or facilities proposed to be so maintained; 
the amounts so assessed to be collected in the 
same manner and by the same officers as taxes 
for City purposes are collected. 

(c) Purpose: The purpose of this Section is 
to provide an alternative procedure by which the 
Board may provide for the pa3rment of the whole 
or any part of the costs and expenses of main- 
taining and operating any public improvements 
or facilities, or portion thereof, which are prima- 
rily local in their nature or benefit, payable from 
annual benefit assessments apportioned among 
the several lots or parcels of property within the 
maintenance district established therefor, the 
nature and formula or formulae for which is to be 
determined in the proceedings in which jurisdic- 
tion is provided therefor. 

(d) Resolution of Intention: The resolu- 
tion of intention shall contain a statement of the 
formula or formulae upon and by which annual 
assessment levies for the payment of said costs 
and expenses will be apportioned according to 
benefits among the several lots or parcels of 
property within the maintenance district to be 
established therefor. The application of said for- 
mula or formulae shall not involve the exercise of 
discretion and said formula may prescribe a 
maximum rate or amount of annual benefit as- 
sessment to be levied for such purposes. Districts 
formed for parking or transit purposes shall also 
be subject to Subdivision 5 of this Subarticle. 

(e) Written Protests and Oral Objec- 
tions: In connection with the hearing provided 
for the establishment of the maintenance dis- 
trict, owners of property within the district may 
file written protests against, may make oral 
objections to, and may be heard as to, the fair- 
ness of said formula or formulae in the same 
manner, at the same time and with like legal 
effect as provided for in other written protests 
and oral objections in Chapter 26 of Part 3 of 
Division 7 of the Streets and Highways Code. 

(f) Initial Modification: At the hearing, 
the Board, of its own volition or in response to 
any protest made, heard or considered, may 
make modifications in the formula or formulae 



Sec. 250.260. 



San Francisco - Public Works Code 



540 



for the purpose of making the same fairer and 
more equitable; provided, however, that before 
making a final order in said matter it shall set 
said matter for hearing at a subsequent meeting 
of the Board, which hearing it shall call or to 
which it may adjourn; provided, further, that it 
shall give notice of the time, place and purpose of 
said hearing by one publication in a newspaper 
in which the original resolution of intention or 
notice of improvement or notice of hearing on the 
formation of the maintenance district was pub- 
lished, at least 10 days prior to the hearing. If 
the formula or formulae includes a maximum 
rate or amount of annual benefit assessment and 
such modification consists solely of a decrease in 
such maximum rate or amount of annual benefit 
assessment, the Board may order such decrease 
by resolution and no hearing need be had thereon. 

(g) Majority Protests: If the Board finds 
that protests thereto are made by the owners of 
more than V2 of the area of the property in the 
maintenance district subject to benefit assess- 
ment to pay said costs of maintenance and op- 
eration, no further proceedings shall be taken for 
a period of six months from the date of the 
decision of the Board on the a hearing, unless the 
protests are overruled by an affirmative vote of 
the majority of all the members of the Board. The 
Board may adjourn the hearing from time to 
time. 

(h) Determination: At the initial hearing 
or at the subsequent hearing on the modification 
of the formula or formulae as herein provided or 
at any meeting to which either shall have been 
adjourned, or at any meeting of the Board sub- 
sequent to the full hearing of said matter, with or 
without the matter having been submitted, the 
Board, by resolution, shall finally adopt a for- 
mula or formulae for the apportionment of ben- 
efits in said annual assessment levies, which 
formula or formulae shall be that stated in the 
resolution of intention or said separate resolu- 
tion, or as modified; and its determination shall 
be final and conclusive against all persons. 

(i) Subsequent Modification: If, at any 

time following the final establishment of the 
formula or formulae for the annual assessment 



levies, the Board shall by resolution determine 
that by reason of changed conditions or because 
of defects or insufficiencies therein disclosed by 
its application, the established formula or formu- 
lae is in any way or particular inequitable or 
unfair, or may be made fairer and more equi- 
table, the Board may by resolution so declare, 
stating the reasons therefor, and fix a time and 
place of hearing thereon. 

(j) Id. — ^Notice: The Clerk shall cause a 
copy of such resolution to be published once in a 
newspaper in which the resolution of intention 
or notice of improvement or notice of hearing on 
the formation of the maintenance district in said 
proceedings was published; to be mailed, postage 
prepaid, to all owners of property within the 
district; and to be posted on or near the Board 
Chamber door or any bulletin board in or adja- 
cent to the City Hall. Said publication, mailing 
and posting shall be completed not less than 10 
days prior to the hearing. 

(k) Id. — Hearing and Determination: At 

the hearing, protests may be filed, heard and 
acted upon in the manner and with like effect 
provided for the original formula or formulae. 

(1) Budget — Contents: The Parking Au- 
thority, the Public Utilities Commission or other 
responsible agency, whichever is appropriate, 
shall annually cause to be prepared a budget for 
the costs and expenses of maintaining and oper- 
ating any or all of said public improvements or 
facilities of a local nature or benefit during the 
ensuing fiscal year which shall at least include 
the following: 

(1) The gross amount estimated to be re- 
quired for the costs and expenses of maintaining 
and operating said public improvements or facili- 
ties; 

(2) The balance estimated to be available at 
the end of the current fiscal year for such pur- 
pose; 

(3) The amount, if any, anticipated to be 
available from revenues or charges for use or 
availability of such public improvements or fa- 
cilities; 



541 



Improvement Procedure Code 



Sec. 250.260. 



(4) The amount, if any, to be contributed by 
the City or from other sources to pay any part of 
said costs and expenses; and 

(5) The balance of the amount necessary to 
be raised to pay said costs and expenses. 

(m) Benefit Assessment: The balance of 
such amount shall be raised by an annual benefit 
assessment on all of the lots or parcels of prop- 
erty within the maintenance district. 

(n) Report: In each fiscal year that such a 
balance is provided in the budget, the respon- 
sible agency shall cause to be prepared a report, 
in writing, for each maintenance district which 
report shall, under appropriate headings, show 
the necessary amounts to be provided for main- 
tenance and operation, and by properly headed 
columns, show the following data as to each lot 
or parcel of property within such maintenance 
district in columnar form: 

(1) A description of each lot or parcel of 
property in the maintenance district, by a legal 
description, assessor's parcel number or other 
description sufficient to identify the same; 

(2) The amount of assessment to be levied 
against each lot or parcel of Property in the 
maintenance district in accordance with the for- 
mula or formulae; and 

(3) Such other information as will be neces- 
sary or useful in applying the formula or formu- 
lae adopted by the Board. 

(o) Filing With Clerk: When the report 
has been completed, it shall be signed by the 
Director or the Manager of the responsible agency 
and filed with the Clerk. Upon receipt of that 
report, the Clerk shall place the matter on the 
agenda for a hearing by the Board. 

(p) Notice: The Clerk shall cause notice of 
hearing to be published once in a newspaper of 
general circulation in the City, and to be posted 
on or near the Board Chamber door or any 
bulletin board in or adjacent to the City Hall. 
Said publication and posting shall be completed 
not less than the 10 days prior to such hearing. 

(q) Hearing — ^Notice Form: The form of 
Notice shall be substantially as follows: 



ON 



NOTICE OF HEARING 

MAINTENANCE DISTRICT 



NOTICE IS HEREBY GIVEN that the 



has caused to be prepared and filed with the 
Clerk of the Board of Supervisors a report, in 
writing, which provides the basis for the benefit 
assessment for the following type(s) of mainte- 
nance and operation 



to be borne by all lots or parcels of property 
within the existing maintenance district(s) No.(s) 
, more particularly described in Ex- 
hibit "A" hereto attached and by reference incor- 
porated herein. Said report sets forth the amounts 
to be provided in the budget for maintenance and 
operation, a description of each lot or parcel of 
property in the maintenance district sufficient to 
identify the same, and the amount of assessment 

to be levied for the fiscal year 19 against 

each lot or parcel of property in accordance with 
the applicable formula or formulae. Said report 
shall be open to public inspection. 

(r) Protests: The Clerk shall receive writ- 
ten protests and shall endorse on each protest 
the date and time it is filed with him. No protest 
received after the time fixed for hearing shall be 
timely, but the Board may, in its discretion, 
consider untimely and oral objections. 

(s) Adoption by Board — Decision Final: 

At the hearing, the report shall be reviewed by 
the Board and corrected, if necessary, approved 
and adopted by resolution. Upon approval and 
adoption as herein provided, all decisions and 
determinations of the Board shall be final and 
conclusive. 

(t) Certification and Filing: The report, 
together with the Certificate of the Clerk as to 
the fact and date of approval and adoption of said 
report by the Board as provided herein, shall 
forthwith be delivered to the Treasurer who shall 
thereafter deliver the report, as adopted, to the 



Sec. 250.260. 



San Francisco - Public Works Code 



542 



ofificer designated by law to extend ad valorem 
property taxes upon the tax roll on which they 
are collected. 

(u) Benefit Assessments — Posting: The 
officer designated by law to extend ad valorem 
property taxes upon the tax roll on which they 
are collected shall post to said tax roll the total 
amount of the benefit assessment levied and to 
be collected for said year on each lot or parcel of 
property within the maintenance district(s) as 
set forth in said report. The amount so posted 
shall appear as a separate item on the tax bill. 

(v) Method of Collection: The special ben- 
efit assessment shall be collected upon the last 
equalized secured and utility tax rolls upon which 
said ad valorem property taxes are collected. 
They shall be in addition to all of said ad valorem 
property taxes, and shall be collected together 
with and not separate therefrom and shall be 
enforced in the same manner and by the same 
persons and at the same time and with the same 
penalties and interest for nonpayment thereof as 
are said ad valorem property taxes. All laws 
applicable to the collection and enforcement of 
said ad valorem property taxes shall be appli- 
cable to said special benefit assessment levy; and 
the assessed lot or parcel of property, if sold for 
teixes, shall be subject to redemption in the same 
manner as such real property is redeemed from 
the sale for ad valorem property taxes, and if not 
redeemed, shall in like manner pass to the 
purchaser, except that the period of redemption 
shall be one year instead of five years. 

(w) Omitted Property: If any property 
within the maintenance district is erroneously 
omitted from any such report, said property shall 
be assessed for the omitted amount in the next 
year after such omission is discovered, and ap- 
propriate provision shall be made in the report 
for said year. (Added by Ord. 225-81, App. 5/5/81) 

SUBARTICLE VI 
ASSESSMENT BOND PROCEDURE 

SUBDIVISION 1 
GENERAL PROVISIONS 

SEC. 250.270. PURPOSE. 

When bonds Eire to be issued in any proceed- 
ing had and taken in connection with any public 



improvement, and/or acquisition, and/or imme- 
diate possession, and/or street closing, pursuant 
to this Procedure Code, the same shall be issued, 
paid and collected in accordance with this Sub- 
article. (Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.271. DECLARATION IN 
RESOLUTION OF INTENTION. 

When the Board shall have determined that 
bonds shall be issued to represent the cost and 
expenses of any proposed work or improvement 
or of the possession or acquisition of any prop- 
erty in any such proceeding, it shall so declare in 
its resolution of intention therefor, and shall 
specify pursuant to which plan herein provided 
such bonds shall be issued, the maximum term 
that any of the bonds may run, the interest rate 
which they shall bear, provided, however, that 
such interest rate may be stated to be not to 
exceed a rate stated therein. (Added by Ord. 
225-81, App. 5/5/81) 

SEC. 250.272. FORM OF BONDS. 

Whenever any bonds shall be issued pursu- 
ant to any one of the plans herein provided, such 
bonds shall be substantially in the form provided 
in the particular plan specified, with such appro- 
priate changes in the wording of such bonds as to 
show that they had been issued pursuant to such 
plan of this Subarticle. (Added by Ord. 225-81, 
App. 5/5/81) 

SEC. 250.273. DATE. 

The bonds shall be dated as the Board shall 
determine; provided, that in a proceeding had 
pursuant to Subdivision 2 of Subarticle V, the 
written consent of the contractor and his assigns 
shall be obtained before delaying their date. 
(Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.274. INTEREST. 

The interest shall be payable semiannually, 
except for the first pajmaent which may be differ- 
ent, and computed from a date on or after the 
31st day following the recordation of the assess- 
ment, subject, however, to Section 250.273 hereof. 
(Added by Ord. 225-81, App. 5/5/81) 




543 



Improvement Procedure Code 



Sec. 250.284. 



SEC. 250.275. SERIAL AMOUNTS. 

The bonds may be made to mature in such 
annual serial amounts as the Board shall deter- 
mine. (Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.276. DIVISIONS. 

The bonds may be issued in more than one 
division having different bond dates and dates 
from which interest shall run. (Added by Ord. 
225-81, App. 5/5/81) 

SEC. 250.277. EXECUTION. 

The signature on the interest coupons and all 
signatures excepting one signature on the bonds 
may be printed, engraved or lithographed or 
other process. (Added by Ord. 225-81, App. 5/5/ 
81) 

SEC. 250.278. SALE OF BONDS. 

When any bonds issued hereunder are to be 
sold, they may be sold by the Board as it shall 
determine. The proceeds of such sale shall be 
placed in the City Treasury to the credit of the 
fund for which they had been issued, and shall be 
applied exclusively to the purposes and objects 
thereof (Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.279. PREMIUM. 

If any bonds be sold for an amount in excess 
of par, such excess shall be paid into the fund for 
the improvement, unless the Board shall other- 
wise determine. (Added by Ord. 225-81, App. 
5/5/81) 

SEC. 250.280. REGISTRATION— 
AGAINST THEFT. 

Bonds may be registered against theft as 
provided in Chapter 1 (commencing with Section 
50,000), Division 6, Part 7, Title 1, or Article 7 
(commencing with Section 43,880), Chapter 4, 
Division 4, Part 3, Title 4, of the Government 
Code, or as otherwise provided in the resolution 
authorizing their issuance. (Added by Ord. 225- 
81, App. 5/5/81) 



SEC. 250.281. ID.— AGAINST 
DELINQUENCY. 

Delinquent bonds may be registered as pro- 
vided in Article 2 (commencing with Section 
50630), Chapter 3, Part 1, Division 4, Title 4 of 
the Government Code, or as provided in the 
resolution authorizing their issuance. (Added by 
Ord. 225-81, App. 5/5/81) 

SEC. 250.282. MUTILATED, DEFACED, 
LOST OR DESTROYED BONDS. 

Bonds which have been mutilated or defaced 
or which have been lost or destroyed may be 
replaced as provided, respectively, in Article 2 
(commencing with Section 53430) or Article 3 
(commencing with Section 53460), Chapter 3, 
Part 1, Division 2, Title 4 of the Government 
Code, or as provided in the resolution authoriz- 
ing their issuance. (Added by Ord. 225-81, App. 
5/5/81) 

SEC. 250.283. DESTRUCTION OF PAID 
BONDS AND COUPONS. 

Bonds and coupons which have been paid 
may be destroyed in the manner provided in 
Article 11 (commencing with Section 53920), 
Chapter 4, Part 1, Division 2, Title 4 of the 
Government Code, or as otherwise ordered by 
resolution or ordinance of the Board. (Added by 
Ord. 225-81, App. 5/5/81) 

SEC. 250.284. PAYMENT OF 
ASSESSMENTS WITH MATURED BONDS 
AND COUPONS. 

Payment of all, or any portion, of any assess- 
ment levied to pay the principal or interest due, 
or to become due, on the bonds of any district 
formed under this Procedure Code may be made 
with matured bonds or matured coupons of such 
district. Such bonds and coupons shall be ac- 
cepted and treated as cash, and when so received 
shall be cancelled; and the interest and sinking 
fund of such district shall be credited with the 
face value thereof (Added by Ord. 225-81, App. 
5/5/81) 



Sec. 250.285. 

SEC. 250.285. 
SURPLUS. 



San Francisco - Public Works Code 



544 



DISTRIBUTION OF 



In the event of a surplus remaining in the 
redemption fund after payment of the entire 
principal and interest on all bonds issued under 
any plan mentioned herein, for retirement of 
which such fund shall have been established, 
such surplus shall, subject to any other special 
provision herein therefor, be applied first to 
repayment to the City of any balance due it for 
contributions and advances which it may have 
made to the redemption fund and of any special 
levies which it may have undertaken in aid 
thereof other than any regular annual assess- 
ments levied to retire any such bond, and of any 
monies due it for costs incurred or charges al- 
lowed, together with interest on such sums at 
the rate mentioned in such bonds. The excess, if 
any, shall be paid into the general fund of the 
City (Added by Ord. 225-81, App. 5/5/81) 

SUBDIVISION 2 
BOND PLAN A— LOT BONDS 

SEC. 250.290. POWERS. 

The bond provisions of the Improvement Act 
of 1911, as such provisions may be amended from 
time to time, are incorporated in and made a 
part of this Subarticle.^ When bonds are issued 
pursuant to this Plan, except as otherwise pro- 
vided herein, said provisions shall apply. (Added 
by Ord. 225-81, App. 5/5/81) 

SEC. 250.291. INTEREST. 

When the assessment is levied under Subdi- 
vision 2 of Subarticle V hereof, interest shall run 
from the date of filing the list of unpaid assess- 
ments. Otherwise, interest shall run from a date 
to be determined by the Board. (Added by Ord. 
225-81, App. 5/5/81) 

SEC. 250.292. ASSESSMENTS UNDER 
$150. 

As an alternative method for the collection of 
such assessments which are of an amount less 
than $150, proceedings may be had in accor- 



dance with the alternative provisions of Subdi- 
vision 2 of Subarticle V hereof. (Added by Ord. 
225-81, App. 5/5/81) 

SUBDIVISION 3 
BOND PLAN B— DISTRICT BONDS 

SEC. 250.295. POWERS. 

The Improvement Bond Act of 1915, as such 
Act may be amended from time to time, is 
incorporated in and made a part of this Subar- 
ticle. Where bonds are issued pursuant to this 
Plan, except as otherwise provided herein, said 
Act shall apply (Added by Ord. 225-81, App. 
5/5/81) 

SEC. 250.296. ASSESSMENTS UNDER 
$150. 

Bonds may be issued in the total amount of 
all assessments in amounts of less than $150 
which are unpaid at such time, to mature at the 
same time as the maturity of the first series of 
the serial bonds, and which small assessments 
shall become due and payable at the same time 
as the portion of the greater assessments which 
shall have been collected for the payment of the 
first series of the serial bonds and the interest 
thereon.(Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.297. UNPAID LIST. 

The list of unpaid assessments filed with the 
Treasurer by the Director shall separately state 
in such list the total of the assessments which 
are of $150 or over in amount and the assess- 
ments which are under $150 in amount. (Added 
by Ord. 225-81, App. 5/5/81) 

SEC. 250.298. DENOMINATIONS. 

Bonds representing the amount of the total 
assessments remaining after division of the total 
into series of bonds of any multiple of $100 may 
be made to mature at the same time as the first 
series of bonds. (Added by Ord. 225-81, App. 
5/5/81) 

SEC. 250.299. CALLING BONDS. 

When sufficient surplus monies are in the 
redemption fund with which to call a bond, the 



545 



Improvement Procedure Code 



Sec. 250.313. 



Treasurer shall call and retire a bond in the 
manner provided in the 1915 Act; provided that 
the notice need only be given for a period of 30 
days. (Added by Ord. 225-81, App. 5/5/81) 

SUBDIVISION 4 

BOND PLAN C— DISTRICT 

(LIABILITY) BONDS 

SEC. 250.305. POWERS. 

When bonds are issued pursuant to this Plan, 
the provisions of Subdivision 3 of Subarticle VI of 
this Procedure Code shall apply, except as herein 
provided. (Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.306. BOND FORM. 

Appropriate changes shall be made in the 
form of the bonds to show that they have been 
issued pursuant to this Subdivision. (Added by 
Ord. 225-81, App. 5/5/81) 

SEC. 250.307. SUPPLEMENTAL 
ADVANCES. 

The provisions of the Improvement Bond Act 
of 1915 which require the City to advance, as a 
loan to the bond redemption fund from available 
surplus funds, the amount of any delinquent 
installment of principal, interest and penalties 
thereon, shall not be mandatory and shall not be 
enforceable. (Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.308. SUPPLEMENTAL LEVIES. 

The provisions of the 1915 Act which require 
that the City shall cause to be levied a special tax 
of not to exceed 10 \F on the $100 of taxable 
property in the City, if constitutionally available, 
shall be restricted to the taxable property within 
the assessment district created in the proceed- 
ings or other district deemed benefited thereby 
and described in the resolution of intention, and 
shall not be enforceable against the City as a 
whole. (Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.309. ADVANCE PAYMENT AND 
CALLING BONDS. 

Section 250.299 applies to this Subdivision. 
(Added by Ord. 225-81, App. 5/5/81) 



SEC. 250.310. TAX DEED AND SALE. 

Upon the expiration of one year following the 
sale to the State by operation of law of any 
property for the nonpa3nnent of an installment of 
the principal or interest of an assessment levied 
pursuant to this Subdivision, the Tax Collector 
shall make to the State a deed to such property. 
Unless said property has been redeemed, the 
City shall forthwith cause said property to be 
sold as provided in Subdivision 3 of Subarticle 
VI. (Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.311. COURT FORECLOSURE. 

In the event the holder of any matured bond 
or coupon issued pursuant to this Subdivision 
shall make written demand upon the Board 
therefor, the Board shall bring and expeditiously 
prosecute to public sale an action to foreclose the 
lien of an assessment installment on any parcel 
of real property which has been delinquent for a 
period of three months. (Added by Ord. 225-81, 
App. 5/5/81) 

SEC. 250.312. FORECLOSURE BY 
BONDHOLDER. 

The holder of a matured bond or coupon may 
bring and prosecute to sale, in his name, the 
action to foreclose the Hen of such assessment 
installment on any delinquent parcel of land, 
naming the City as a defendant therein. In such 
event such holder shall have all of the rights 
provided for foreclosure and sale by the City. (Ad- 
ded by Ord. 225-81, App. 5/5/81) 

SEC. 250.313. BID. 

When property is sold by a court for nonpay- 
ment of principal or interest installments of an 
assessment levied in an assessment proceeding 
heretofore or hereafter taken, it shall be sold to 
the bidder who offers the highest price for the 
entire property to be sold, but not less than the 
amount due on the bond, together with accrued 
interest penalties and other costs hereby pro- 
vided to be charged. The purchaser shall take 
the property subject to all installments of the 
assessment which are not included in the sale. 
(Added by Ord. 225-81, App. 5/5/81) 



Sec. 250.314. 



San Francisco - Public Works Code 



546 



SEC. 250.314. USE OF BONDS AND 
COUPONS TO PURCHASE PROPERTY. 

A purchaser of property upon foreclosure by 
the Board or by a bondholder, for the nonpay- 
ment of any installment of principal, interest, 
penalties, fees and charges of any such assess- 
ment, supplemental assessment or re-assess- 
ment, may pay for said property with, or apply 
on account of the purchase price thereof, ma- 
tured coupons or the matured portions of a 
coupon to the date of its use, and matured and 
unmatured bonds of such issue, the delinquent 
assessments for which the property is sold. (Added 
by Ord. 225-81, App. 5/5/81) 

SEC. 250.315. BONDS AND COUPONS 
MAY BE USED TO PURCHASE OR 
REDEEM PROPERTY. 

The sheriff, commissioners or other person 
conducting any such sale is hereby authorized, 
for and on behalf of the owner, his successors and 
assigns, and any other person having an interest 
in the property, regardless of how such interest 
was acquired, to tender bonds and coupons of the 
issue for which such sale is held, in payment of 
the purchase price of property sold, or in redemp- 
tion of said property, in satisfaction of the lien of 
delinquent installments or of unpaid assess- 
ments, and the penalties, interest fees and other 
charges. (Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.316. OTHER BONDHOLDERS 
SHALL HAVE NO INTEREST IN APPLIED 
BOND PROCEEDS. 

To the extent that a bondholder purchases 
property at a sale and pays for it in cash, the 
monies received by the City shall be used and 
applied in payment of bonds of the issue and the 
interest due, owned by the purchaser, first to 
interest, second to the principal of matured bonds, 
and third to the principal of unmatured bonds. 
(Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.317. STREETS AND HIGHWAYS 
CODE SECTION 8688 SHALL APPLY. 

The provisions of Section 8688 of the Streets 
and Highways Code shall apply. (Added by Ord. 
225-81, App. 5/5/81) 



SEC. 250.318. BONDS APPLIED SHALL 
BE AT PAR. 

At all sales herein referred to, bonds and 
coupons shall be taken and credited at the face 
amount thereof; provided, that sufficient cash or 
other legal tender is paid to take care of the 
expenses of the foreclosure proceedings and sale 
of the property, including a reasonable attorney's 
fee and court costs. (Added by Ord. 225-81, App. 
5/5/81) 

SUBDIVISION 5 
BOND PLAN D— AD VALOREM 
(LAND) BONDS 

SEC. 250.320. BOARD POWERS. 

If deemed by qualified Bond Counsel for the 
City to be legally available under the California 
Constitution, the Board may issue serial ad 
valorem land bonds within any district created 
pursuant to any Subdivision of Subarticle V of 
this Procedure Code. (Added by Ord. 225-81, 
App. 5/5/81) 

SEC. 250.321. ASSESSMENT DISTRICT. 

The district to be assessed to pay the princi- 
pal and interest of said bonds shall be described 
in the resolution of intention. (Added by Ord. 
225-81, App. 5/5/81) 

SEC. 250.322. ZONES. 

If, in the judgment of the Board conducting 
the proceeding, varying benefits to be derived by 
the different parcels of land lying within the 
assessment district so require, the district may 
be divided into zones according to benefits. The 
district may be divided into as many zones, up to 
the total number of parcels of land in the district 
as may be deemed necessary, and each zone shall 
be composed of and include all parcels of land 
within the district which will be benefited in like 
measure. The Board shall also determine the 
percentage of the sum to be raised each year by 
the levy and collection of the special assessment 
taxes in the district for the payments on the 
principal and interest of the bonds, which will be 
raised from the lands in each zone. (Added by 
Ord. 225-81, App. 5/5/81) 



547 



Improvement Procedure Code 



Sec. 250.329. 



SEC. 250.323. ZONE DESCRIPTIONS. 

When the district is divided into zones the 
resolution of intention shall so state, giving the 
percentages to be raised from the lands in each 
zone. Each zone shall be designated by a differ- 
ent letter or number and shall be plainly shown 
on the map or plat of the assessment district 
filed in the office of the Clerk and referred to in 
the resolution of intention, either by separate 
boundaries, coloring or other convenient and 
graphic method so that all persons interested 
may with accuracy ascertain within which zone 
any parcel of land is located. It shall be sufficient 
in all cases where the assessment district is to be 
divided into such zones according to benefits if 
the resolution of intention states that fact and 
refers to the plat or map for the boundaries and 
all details concerning the zones. (Added by Ord. 
225-81, App. 5/5/81) 

SEC. 250.324. ASSESSMENT 
PROVISIONS INAPPLICABLE. 

No assessment or diagram shall be made, 
and the respective provisions elsewhere in this 
Procedure Code with reference to the making, 
confirmation, recordation, levy collection, pay- 
ment and enforcement of such assessment shall 
be and remain inapplicable to such proceedings. 
(Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.325. REDEMPTION FUND. 

For each district in which bonds shall have 
been issued under this subdivision, a special 
fund to be named "Bond Plan D, Series No. 

Interest and Redemption Fund," or 

other designation sufficient to identify it, shall 
be instituted by the City (Added by Ord. 225-81, 
App. 5/5/81) 

SEC. 250.326. ANNUAL ASSESSMENT. 

For each district in which an issue of bonds 
has been had pursuant to this Subdivision, until 
all of the bonds and interest thereon have been 
paid in full, the Board shall annually levy an ad 
valorem assessment upon all of the assessable 
lands within the assessment district created 
therefor, which shall be made and collected at 



the time and in the manner provided in Subdi- 
vision 6 of this Subarticle. (Added by Ord. 225- 
81, App. 5/5/81) 

SEC. 250.327. OTHER PROVISIONS. 

Excepting as in this Subdivision otherwise 
provided, all of the applicable provisions of Sub- 
divisions 6 and 7 of this Subarticle shall apply; 
provided, however, that the supplemental rem- 
edy provisions referred to therein shall not apply 
unless expressly so provided in the resolution of 
intention and in the bonds. (Added by Ord. 
225-81, App. 5/5/81) 

SEC. 250.328. VOTER APPROVAL. 

Prior to the time that any bonds shall be 
issued, a proposition therefor shall have been 
approved by a majority of the qualified voters of 
the district voting thereon, at an election called 
and held for that purpose. (Added by Ord. 225- 
81, App. 5/5/81) 

SEC. 250.329. CALLING ELECTION. 

The election shall be called by resolution 
adopted by the Board, which shall contain: 

(a) The day on which, and if polls are to be 
provided, the hours during which, the election 
will be held; 

(b) A statement whether the election will be 
conducted at polls or by mailed ballots; 

(c) A statement whether the qualified vot- 
ers will be registered voters or land owner voters 
of the district as defined in Section 2285 of the 
Revenue and Taxation Code; 

(d) The proposition to be voted on; 

(e) A general description of the bonds and 
that they will be issued pursuant to this Subdi- 
vision and Plan; 

(f) A statement of the maximum rate of 
interest that the bonds may bear; 

(g) A statement of the general nature of the 
proposed improvements to be acquired or con- 
structed; 

(h) Ageneral description of the district within 
which the election will be held and the bonds 
issued; 



Sec. 250.329. 



San Francisco - Public Works Code 



548 



(i) A general description of any zones into 
which the district will be divided, and the per- 
centages of the annual amounts to be raised 
therein; 

(j) A statement that the bonds and the in- 
terest thereon will be raised by annual assess- 
ments on the assessable lands within the district 
and any zones therein in the ratio of the assessed 
value of said lands; 

(k) A reference to the resolution of intention 
by number, title or date of adoption, and the 
maps or plats referred to therein, for a more 
particular description of the proposed improve- 
ments and district zones, if any. (Added by Ord. 
225-81, App. 5/5/81) 

SEC. 250.330. POLL ELECTION. 

If the election is to be conducted at polls, the 
resolution shall either contain a description of 
the precinct or precincts, the polling place for 
each, and the names of two or more qualified 
voters who will act as precinct officers in each, 
one of which shall be a judge and the others 
clerks or shall direct the registrar of voters to 
prepare a notice containing such information. 
(Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.331. MAILED BALLOT 
ELECTION. 

Whenever there are 500 or fewer qualified 
voters to vote at such election, the Board may 
declare in the resolution that the election will be 
conducted by mailed ballots, and that mailed 
ballots must be received by the Clerk on or before 
the day of the election. (Added by Ord. 225-81, 
App. 5/5/81) 

SEC. 250.332. PUBLICATION. 

A copy of the resolution and, if directed 
pursuant to Section 250.330, the notice shall be 
published twice in a newspaper of general circu- 
lation printed and published in the City. (Added 
by Ord. 225-81, App. 5/5/81) 

SEC. 250.333. POSTING. 

A copy of the resolution shall be posted on the 
bulletin board at the City Hall. (Added by Ord. 
225-81, App. 5/5/81) 



SEC. 250.334. TIME AND PROOF. 

The posting and first publication shall be had 
not later than on the tenth day prior to the day of 
election, and affidavits or certificates thereof 
shall be made and filed with the Clerk. (Added 
by Ord. 225-81, App. 5/5/81) 

SEC. 250.335. PROPOSITION. 

The proposition to be voted on may be sub- 
stantially as follows: 

Shall the Board of Supervisors of the City 
and County of San Francisco be authorized to 
issue bonds in the aggregate amount of 

$ pursuant to Subdivision 5, Bond 

Plan D, Ad Valorem (Land) bonds, of Subarticle 
VI of the San Francisco Improvement Procedure 
Code, to provide funds for the costs and expenses 
of the improvements proposed to be acquired and 
constructed in and for the district as described in 

Resolution of Intention No. adopted 

by the Board on , 19 ? (Added 

by Ord. 225-81, App. 5/5/81) 

SEC. 250.336. MAILING BALLOTS. 

Sample ballots, in the event of a poll election, 
and official ballots, in the event of a mailed 
election, shall be mailed to the qualified voters at 
least 10 days prior to the day of election. (Added 
by Ord. 225-81, App. 5/5/81) 

SEC. 250.337. CANVASS, RETURN AND 
DECLARATION. 

Following the close of the polls in a poll 
election, the precinct officers, and following the 
day of election in a mailed election, the Clerk, 
shall count the votes cast and make a return 
thereof to the Board which, by resolution, shall 
declare the results thereof. (Added by Ord. 225- 
81, App. 5/5/81) 

SEC. 250.338. SECRET BALLOT. 

The election shall be conducted in such man- 
ner that secrecy in voting will have been pre- 
served. (Added by Ord. 225-81, App. 5/5/81) 



549 



Improvement Procedure Code 



Sec. 250.351. 



SEC. 250.339. COURT FORECLOSURE. 

In the event that after having anticipated 
dehnquencies in the amount of 10 percent of the 
amount of an annual assessment levy there is 
still a shortage in the funds raised in the amount 
of 10 percent or more, as a cumulative remedy, 
the City, of its own volition, or a bondholder, may 
bring an action to foreclose the lien of the assess- 
ment installments so delinquent, and the provi- 
sions of Sections 250.311 through 250.318 of 
Subdivision 4 of this Subarticle shall apply. (Added 
by Ord. 225-81, App. 5/5/81) 

SUBDIVISION 6 

BOND PLAN E—AD VALOREM 

(REALTY) BONDS 

SEC. 250.345. POWERS. 

If deemed by qualified Bond Counsel for the 
City to be legally available under the California 
Constitution, the Board may issue serial ad 
valorem land and improvement bonds upon any 
district created under this Subarticle. (Added by 
Ord. 225-81, App. 5/5/81) 

SEC. 250.346. ASSESSMENT DISTRICT. 

The proposed district shall be described in 
the resolution of intention and established as 
provided in the Subdivision of Subarticle V pur- 
suant to which said proceedings are had. (Added 
by Ord. 225-81, App. 5/5/81) 

SEC. 250.347. ZONES. 

If, in the judgment of the Board, varying 
benefits will be derived by the several parcels of 
real property lying within the assessment dis- 
trict, the district may be divided into zones 
according to benefits. Zones may be established 
as provided in Section 250.323 of this Procedure 
Code, the provisions of which shall apply. (Added 
by Ord. 225-81, App. 5/5/81) 

SEC. 250.348. IMPROVEMENT BONDS. 

If said proceedings are had pursuant to Sub- 
division 2 of Subarticle V hereof, then upon 
completion of the work, the person appointed by 
the Board to be in charge of the work shall 
prepare and file with the Board a declaration 



that the work has been completed according to 
the contract therefor, and shall further file an 
itemized statement of the cost of such work and 
of the expenses incidental to said proceedings, 
estimated to the conclusion of said proceedings. 
The amount of any contribution shall be stated 
therein as well as the balance for which bonds 
are to be issued. When the bonds have been 
issued they shall be delivered to the contractor 
upon his paying to the City any monies due it for 
incidental expenses as stated in the declaration. 
The Board may provide in the resolution of 
intention that the contractor shall be paid in 
cash from advances to be made to said project or 
from the proceeds of the sale of the bonds, in 
which event the bonds shall be issued as pro- 
vided for the issuance of acquisition bonds. (Added 
by Ord. 225-81, App. 5/5/81) 

SEC. 250.349. ACQUISITION BONDS. 

If the proceedings are had pursuant to Sub- 
division 2 of Subarticle V of this Procedure Code 
then, upon the entry of all interlocutory judg- 
ments in any eminent domain proceedings brought 
pursuant thereto, proceedings shall be had sub- 
stantially as provided herein for the issuance of 
improvement bonds. The bonds shall be sold by 
the Board and the proceeds shall be used to pay 
the costs and expenses of the project. (Added by 
Ord. 225-81, App. 5/5/81) 

SEC. 250.350. MUNICIPAL 
IMPROVEMENT DISTRICT BONDS. 

If proceedings are had pursuant to Subdivi- 
sions 4 or 5 of Subarticle V of this Procedure 
Code, then in the resolution ordering the acqui- 
sitions or improvements the Board shall deter- 
mine the estimated costs of said acquisitions and 
improvements and of the expenses incidental 
thereto, and the total estimated amount of the 
bonds to be issued. The bonds shall be issued and 
sold and the proceeds shall be used to pay the 
costs and expenses of the project. (Added by Ord. 
225-81, App. 5/5/81) 

SEC. 250.351. POSSESSION BONDS. 

If assessment proceedings are had pursuant 
to Subdivision 3 or 4 of Subarticle V of this 



Sec. 250.351. 



San Francisco - Public Works Code 



550 



Procedure Code, and proceedings shall be had for 
the taking of immediate possession of the prop- 
erty to be acquired, then the person in charge of 
said proposed acquisitions shall prepare and file 
with the Clerk an estimate of the amount of 
money necessary to be deposited in court for 
immediate possession, and proceedings shall be 
had for the issuance and sale of bonds therefor as 
provided for the issuance of acquisition bonds. In 
such event the Board shall issue only such amount 
of additional bonds as is necessary to provide for 
the additional costs of said project, and the 
proceeds of the possession bonds shall be finally 
used to apply to the cost of the acquisitions and 
improvements and expenses incidental thereto. 
(Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.352. NOTICE OF HEARING. 

The Clerk shall give notice of a time and 
place of hearing on the declaration filed in rela- 
tion to the issuance of any bonds to be issued 
pursuant to Subdivision 2 or 3 of Subarticle V. 
Such notice shall be published. (Added by Ord. 
225-81, App. 5/5/81) 

SEC. 250.353. FORM OF NOTICE. 

Said notice shall refer to the resolution of 
intention in the proceedings for identification, 
for a description of the work to be done or 
acquisitions or improvements to be had and for 
the boundaries of the assessment district, and 
notice shall be given therein to all persons inter- 
ested that it is proposed to hear the report and 
issue bonds pursuant to this Subdivision, and 
that any person feeling aggrieved by any act or 
determination done or made in said proceedings 
or claiming that any previous acts or proceedings 
were irregular, defective, erroneous or faulty, or 
cleiiming that the work or improvement has not 
been performed according to the contract in a 
good and substantial manner, or claiming that 
any portion of the work or improvement for any 
reason was omitted or illegally included in the 
contract, or having any objections or reasons 
why bonds should not be issued in the amount 
set forth in the declaration and statement on file, 



may appear before the Board at the time and 
place so fixed by it and be heard. (Added by Ord. 
225-81, App. 5/5/81) 

SEC. 250.354. HEARING. 

All objections shall be made in writing and 
signed by the protestant, and any grounds not 
stated therein and filed at or before the time 
fixed for hearing shall be deemed waived. The 
contractor or his assigns, and any other person 
or persons interested in said matter, may appear 
and be heard upon any of the matters referred to 
in said notice. The Board may confirm, amend, 
alter, modify or correct the report in such man- 
ner as it shall deem just, and require the work to 
be completed according to its directions or those 
of the person designated by it therefor. (Added by 
Ord. 225-81, App. 5/5/81) 

SEC. 250.355. ISSUANCE OF BONDS. 

In the Board's final order upon the hearing, 
or in the resolution ordering the acquisitions or 
improvements when the proceedings are had 
pursuant to Subdivision 4 or 5 of Subarticle V, 
the Board shall by resolution order the issuance 
of bonds. The resolution shall state the total 
principal amount thereof and the amount to 
mature in each year during their term. The 
bonds may be made to mature on July 2nd over 
a period not to exceed 40 years from their date. 
(Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.356. BOND, FORM AND 
EXECUTION. 

The bonds shall be in such form, shall be 
executed by the officers, and shall be made 
payable at the place or places within or without 
the State as the Board shall determine. The 
bonds shall be negotiable in form and be payable 
to bearer. (Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.357. ISSUES, SERIES, 
DIVISIONS. 

An issue of bonds shall constitute all of the 
bonds issued pursuant to a resolution of inten- 
tion. Each issue shall be given a serial designa- 
tion. The Board may, in its discretion, divide the 
issue into two or more divisions and fix different 



551 



Improvement Procedure Code 



Sec. 250.364. 



dates for the bonds of each division, in which 
event the bonds of each division shall be made 
payable at such time or times as the Board shall 
determine. Possession bonds shall constitute a 
division of an issue. All bonds of any issue shall 
have equal priority. (Added by Ord. 225-81, App. 
5/5/81) 

SEC. 250.358. CALLABLE BONDS. 

Bonds are not subject to call or redemption 
prior to their fixed maturity date unless the right 
to exercise the call is expressly stated on the face 
of the bonds. Provision may be made therein for 
a premium on call. (Added by Ord. 225-81, App. 
5/5/81) 

SEC. 250.359. SUPPLEMENTAL BONDS. 

If the proceeds of the bonds for any reason 
are less than the cost of the acquisitions and 
improvements and expenses incidental thereto, 
additional bonds may be issued by filing with the 
Clerk a declaration or statement of the amount 
necessary therefor and by giving notice and 
holding a hearing and determining the amount 
of bonds upon declaration, notice and hearing 
pursuant to Subdivision 3 or 4 of Subarticle II 
hereof. Said bonds shall be deemed a division of 
the bonds of the main issue. (Added by Ord. 
225-81, App. 5/5/81) 

SEC. 250.360. INTEREST. 

Semi-annual interest coupons shall be at- 
tached to said bonds and be made payable on the 
second days of January and July of each year, 
excepting that the first coupon shall be for inter- 
est from their date to the second day of January 
next succeeding four months after the date of 
such bonds. Provision may be made for the 
payment of interest from the proceeds of the sale 
of the bonds for the period of acquisition and 
construction of the project and for one year 
thereafter. If, upon presentation at maturity, 
pajrment of any bond is not made as herein 
provided, interest shall continue at the same 
rate until the principal is paid in full. (Added by 
Ord. 225-81, App. 5/5/81) 



SEC. 250.361. AD VALOREM 

ASSESSMENT. 

For each district in which an issue of bonds 
has been had pursuant hereto, the Board shall 
annually, until all of the bonds and interest 
thereon have been paid in full, at the time of 
levying the taxes for general City purposes, levy 
an ad valorem assessment upon all lands and 
improvements within said district except pub- 
licly owned property, which levy shall be in an 
amount clearly sufficient, together with any mon- 
ies which are or may be in the redemption fund 
and after making adequate allowance for esti- 
mated delinquencies to pay all of the principal of 
an interest on said bonds which shall become 
payable before the proceeds of another such levy 
shall be available therefor. (Added by Ord. 225- 
81, App. 5/5/81) 

SEC. 250.362. ID.— METHOD OF 
COLLECTION. 

Said special assessment levy shall be levied 
and collected upon the last equalized secured 
and utility tax rolls upon which general City 
taxes are collected. It shall be in addition to all 
other taxes levied for general City purposes, and 
shall be levied, computed, entered, collected and 
enforced in the same manner and by the same 
persons and at the same time, and with the same 
penalties and interest for nonpa5nnent, as are 
other taxes for City purposes, and shall be sub- 
ject to all laws applicable to the levy, collection 
and enforcement of taxes for City purposes, and 
shall be subject to redemption in the same man- 
ner as such real property is redeemed from the 
salion fund of said bonds such amount or amounts 
as it shall determine. (Added by Ord. 225-81, 
App. 5/5/81) 

SEC. 250.364. VALIDITY OF BONDS AND 
ASSESSMENT RATE. 

All bonds issued and all assessments levied 
and collected pursuant to the provisions of this 
Subdivision shall by their issuance be conclusive 
evidence of the regularity, validity and legal 
sufficiency of all proceedings, acts and determi- 
nations in anywise pertaining thereto, and after 
the same are issued, no levy made or collected for 



Sec. 250.364. 



San Francisco - Public Works Code 



552 



the purpose of paying the principal or interest on 
said bonds shall be held invalid or illegal, or set 
aside by reason of any error, informality, irregu- 
larity, omission or defect in said proceedings, not 
amounting to a want of due process of law. 
(Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.365. ISSUANCE OF NEW 
BONDS WHEN PROCEEDINGS FOR 
BONDS IRREGULAR. 

When any court of competent jurisdiction 
shall determine that any contract purporting to 
have been made, or any proceedings, steps or 
actions purporting to have been taken, or any 
bond or bonds issued, or any levy of assessment 
made, under this Subdivision, is or are void, 
invalid or unenforceable for any reason, or shall 
for any cause enjoin the issuance of any bonds 
proposed to be issued under this Procedure Code, 
said court shall also determine that new bonds 
shall be issued in the place thereof The Board 
may also order the issuance of new bonds when it 
shall determine the existence of such voidness, 
invalidity or unenforceability. In such event, the 
Board shall cause a declaration to be filed which 
shall state the amount of any work performed, 
improvements made, acquisitions had, and the 
expenses incidental thereto, and the estimated 
cost of any improvements, acquisitions and ex- 
penses yet to be had. The declaration shall be 
noticed and heard and new bonds issued as 
herein provided for acquisition bonds. (Added by 
Ord. 225-81, App. 5/5/81) 

SEC. 250.366. ALTERATION OF 
BOUNDARIES. 

The boundaries of the assessment district 
may be enlarged at any time in the manner 
provided in Subdivision 5 of Subarticle V. (Added 
by Ord. 225-81, App. 5/5/81) 

SEC. 250.367. ELECTION. 

The provisions of Subdivision 5 of this Sub- 
article relating to calling and holding an elec- 
tion, modified to conform to this Subdivision, 
shall apply (Added by Ord. 225-81, App. 5/5/81) 



SUBDIVISION 7 
BOND PLAN F— BENEFIT BONDS 

SEC. 250.370. POWERS. 

There is hereby vested in the Board the 
power to issue benefit bonds within any district 
created pursuant to Subarticle V of this Proce- 
dure Code. (Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.371. PURPOSE. 

The purpose of this Subdivision is to provide 
a procedure by which assessment bonds may be 
issued to pay the whole or any part of the costs of 
any public improvements or facilities which are 
primarily local in nature or benefit, payable from 
annual assessment levies apportioned among 
the several lots and parcels of land or real 
property within the district established therefor, 
the nature and formula or formulae for which is 
to be determined in the proceeding in which 
jurisdiction is provided therefor. (Added by Ord. 
225-81, App. 5/5/81) 

SEC. 250.372. ASSESSMENT 
PROVISIONS INAPPLICABLE. 

The respective provisions of any Subdivision 
of Subarticle V pursuant to which said proceed- 
ings are undertaken to the contrary notwithstand- 
ing, no assessment or diagram shall be made, 
heard, levied or recorded, nor shall any amount 
of annual levies proposed to be made pursuant 
hereto be or become payable prior to their levy as 
herein provided. (Added by Ord. 225-81, App. 
5/5/81) 



SEC. 250.373. 
INTENTION. 



RESOLUTION OF 



When the Board proposes to issue bonds 
pursuant to this Subdivision, its shall so declare 
in the resolution of intention pursuant to which 
the bonds are to be issued, the maximum term 
for which the bonds of any series of the issue may 
be issued, and the maximum rate of interest they 
may bear, and that bonds will be issued pursuant 
to this Subdivision. (Added by Ord. 225-81, App. 
5/5/81) 



553 



Improvement Procedure Code 



Sec. 250.380. 



SEC. 250.374. ASSESSMENT 
FORMULAE. 

In addition to the matters required by Sec- 
tion 250.373 of this Subdivision, the resolution of 
intention shall contain a statement of the for- 
mula or formulae upon and by which annual 
assessment levies for the pa5niient of said bonds 
and the interest thereon will be apportioned 
according to benefits among the several lots and 
parcels of land within the assessment district to 
be established therefor. (Added by Ord. 225-81, 
App. 5/5/81) 

SEC. 250.375. HEARING AS TO 
BENEFITS. 

At the hearing provided for establishing the 
assessment district pursuant to any Subdivision 
of Subarticle V of the Procedure Code, property 
owners may protest against and be heard as to 
the equitableness and fairness of said formula or 
formulae in the same manner, at the same time 
and with like legal effect, as provided for other 
protests in said proceedings. (Added by Ord. 
225-81, App. 5/5/81) 

SEC. 250.376. INITIAL MODIFICATION. 

At the hearing provided in Section 250.375 of 
this Subdivision, the Board, of its own volition or 
in response to any protest made, heard or con- 
sidered, may make modifications in the formula 
or formulae for the purpose of making the same 
more fair and equitable; provided, however, that 
before making a final order in said matter it 
shall set said matter for hearing at a subsequent 
meeting of said Board, which it shall call or to 
which it may adjourn; provided, further, that it 
shall give notice of the time, place and purpose of 
said meeting, by one publication in the newspa- 
per in which original resolution of intention or 
notice of improvement was published, at least 10 
days prior to said hearing. (Added by Ord. 225- 
81, App. 5/5/81) 

SEC. 250.377. FINAL DETERMINATION. 

At the initial hearing or at the subsequent 
hearing on the modification of said formula or 
formulae or at any meeting to which either shall 
have been adjourned, or at any meeting of the 



Board subsequent to the full hearing of said 
matter, with or without said matter having been 
submitted, the Board, by resolution, shall finally 
adopt a formula or formulae for the apportion- 
ment of benefits in said annual levies, which 
shall be that stated in the resolution of intention, 
or as modified, and its determination shall be 
final and conclusive against all persons except- 
ing persons whose protests for grounds stated 
therein have been denied and who have brought 
action therefor, within 30 days following said 
determination, in the local superior court. (Added 
by Ord. 225-81, App. 5/5/81) 

SEC. 250.378. SUBSEQUENT 
MODIFICATION. 

If, at any time following the final establish- 
ment of the formula or formulae for said annual 
levies, the Board shall, by resolution, determine 
that, by reason of changed conditions or because 
of defects or insufficiencies therein disclosed by 
its application, an established formula or formu- 
lae is, in any particular, inequitable or unfair, or 
may be made more equitable and fair, the Board 
may, by resolution, so declare, stating the grounds 
therefor, and fix a time and place of hearing 
thereon. (Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.379. NOTICE. 

A copy of the resolution provided in Section 
250.378 shall be published once a week for two 
successive weeks, the first of which shall be at 
least 14 days prior to the day of said proposed 
meeting, in the newspaper in which the resolu- 
tion of intention or notice of improvement in said 
proceedings was published. (Added by Ord. 225- 
81, App. 5/5/81) 

SEC. 250.380. HEARING AND 
DETERMINATION. 

At the hearing provided in Section 250.378, 
protest may be filed, heard and acted upon in the 
manner and with like effect provided in this 
Subdivision for the initial establishment and 
modification of said formula or formulae. (Added 
by Ord. 225-81, App. 5/5/81) 



Sec. 250.381. 



San Francisco - Public Works Code 



554 



SEC. 250.381. FORM OF BONDS. 

The bonds shall be of the form prescribed by 
resolution of the Board, shall be dated as the 
Board shall determine, and shall be numbered 
consecutively, be payable to bearer and be nego- 
tiable and serial in nature. They shall be payable 
on July 1st of each year in such amount as the 
Board shall determine. The first maturity shall 
be not earlier than 10 months after their date. 
The last maturity of any bond shall be not later 
than 40 years after July 1st next succeeding its 
date. The bonds, or any series, division or part of 
an issue, may be issued in registered form and 
may thereafter be deregistered and reregistered. 
(Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.382. SEPARATE SERIES. 

The bonds may be issued in successive series, 
divisions or parts having different dates, terms 
and dates of maturity. (Added by Ord. 225-81, 
App. 5/5/81) 

SEC. 250.383. INTEREST. 

The bonds shall bear interest which, unless 
registered at issuance, shall be represented by 
coupons numbered consecutively, bearing corre- 
sponding bond numbers, payable on January 1st 
and July 1st of each year, or on such other dates 
as the Board deems appropriate, the first and 
the form of which shall be fixed and prescribed 
by the Board. (Added by Ord. 225-81, App. 5/5/ 
81) 

SEC. 250.384. INTEREST AFTER 
MATURITY. 

If upon presentation at maturity, or if redeem- 
able and duly called for redemption, pajnnent of 
the bonds or any interest coupons thereof is not 
made in full accordance with the indenture of 
issuance, said bonds or coupons, or both, shall 
continue to bear interest at the rate stated in the 
bonds until paid in full. (Added by Ord. 225-81, 
App. 5/5/81) 

SEC. 250.385. CALLABLE BONDS. 

Said bonds may be made subject to call and 
redemption prior to their fixed dates of maturity 
with or without a premium, all as shall be 



prescribed by the Board; provided, that no bond 
shall be subject to prior call unless it shall so 
state on its face. (Added by Ord. 225-81, App. 
5/5/81) 

SEC. 250.386. EXECUTION OF BONDS. 

The bonds shall be signed by the Mayor by 
facsimile signature printed, lithographed or en- 
graved thereon. The bonds shall be manually 
countersigned by the Clerk who shall affix or 
cause a facsimile of the City seal to be printed, 
lithographed or engraved thereon. (Added by 
Ord. 225-81, App. 5/5/81) 

SEC. 250.387. EXECUTING AND 
CONTENTS OF COUPONS. 

The interest coupons shall be executed by the 
Treasurer by printed, lithographed or engraved 
facsimile signature impressed thereon. The in- 
terest for any interest period may be divided as 
to time or rate and represented by two or more 
coupons. (Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.388. CONSTRUCTION FUND. 

The proceeds of the bonds shall be deposited 
in a construction fund which shall be created and 
maintained for each project. The monies in said 
fund shall be used solely for the acquisition and 
construction of the improvements and rights 
described in said proceedings, and the expenses 
incidental to said proceedings and the financing 
thereof, including, but not limited to, legal or 
other fees incidental to or connected with the 
authorization, issuance and sale of the bonds 
and the cost of printing the bonds. Such expenses 
may include interest on the bonds during the 
estimated period of acquisition and construction. 
(Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.389. REDEMPTION FUND. 

A fund to be named "Bond Plan F, Series No. 

, Interest and Redemption Fund," or 

other designation sufficient to identify it, shall 
be created and maintained for each issue of 
bonds. (Added by Ord. 225-81, App. 5/5/81) 



555 



Improvement Procedure Code 



Sec. 250.395. 



SEC. 250.390. TRUST FUNDS. 

All monies which shall have been pledged or 
contributed to the pajonent of the bonds and the 
interest thereon, and all annual assessments 
levied therefor, shall be deposited in the redemp- 
tion fund for such issue, shall constitute a trust 
fund therefor, and shall not be expended for any 
other purpose; provided that if any monies re- 
main in the redemption fund after the pajmient 
of all the bonds and the interest thereon they 
shall be transferred to the City general fund, 
unless a maintenance, improvement or a service 
facilities district has been created for the im- 
provements acquired and/or constructed from 
the proceeds of said bonds, in which event they 
shall be transferred to such fund, and be used for 
the objects and purposes thereof. (Added by Ord. 
225-81, App. 5/5/81) 

SEC. 250.391. BUDGET— CONTENTS. 

Unless the Board shall have directed the 
Chief Administrative Officer so to act, the Trea- 
surer shall annually cause to be prepared a 
budget for each bond issue hereunder which 
shall include the following: 

(1) The gross amount required to pay the 
principal of and interest on the bonds and any 
premiums on bonds to be called, before the 
proceeds of a second assessment levy will be 
available therefor; 

(2) The gross amount proposed to be raised 
for the maintenance and operation of the City 
improvements or facilities involved, and any 
capital additions, extensions, improvements or 
replacements therein, during the period pro- 
vided in part 1 of this Section; 

(3) The balance available at the end of the 
fiscal year for each of the purposes provided in 
parts 1 and 2 of this Section; 

(4) The amount estimated to be available 
pursuant to any pledge of applicable revenues, 
which shall be budgeted and appropriated, for 
either of the purposes provided in parts 1 and 2 
of this Section; 

(5) The amount estimated to be available 
from additional contributions, which shall be 
budgeted and appropriated, for either of the 
purposes provided in parts 1 and 2 of this Sec- 
tion: and 



(6) The balance of the amount remaining 
for each parts 1 and 2 of this Section. (Added by 
Ord. 225-81, App. 5/5/81) 

SEC. 250.392. BENEFIT ASSESSMENT. 

The amount provided in Section 250.391, 
part 6, including provision for anticipated delin- 
quencies, shall be raised by annual benefit as- 
sessments on all taxable lands or real properties 
within the assessment district, in accordance 
with the established formula or formulae, until 
all of the bonds and the interest to accrue thereon 
have been paid in full. (Added by Ord. 225-81, 
App. 5/5/81) 

SEC. 250.393. REPORT. 

In each year that a balance is provided in the 
budget pursuant to Section 250.391, Part 6, the 
Treasurer shall cause to be prepared annually, a 
report for each bond issue hereunder, which 
shall, under appropriate headings, show the 
amounts to be provided in the annual budget 
pursuant to Section 250.391 and by properly 
headed columns, show the County Assessor's 
description of each lot or parcel to be assessed, 
the amount of the levy applicable to said lot or 
parcel, and such other information as will be 
necessary or useful in carrying out the formula 
or formulae adopted by the Board for the par- 
ticular issue of bonds to which said budget pro- 
vision applied. (Added by Ord. 225-81, App. 5/5/ 
81) 

SEC. 250.394. CERTIFICATION. 

When the report has been completed, it shall 
be endorsed by the Treasurer in duplicate and 
filed with the Clerk on or before July 15th of each 
year. (Added by Ord. 225-81, App. 5/5/81) 



SEC. 250.395. 
BOARD. 



ADOPTION BY THE 



If the formula or formulae adopted for an 
issue of bonds is sufficiently simple as to leave no 
discretion, it shall be reviewed by the Board and 
adopted and approved by resolution. (Added by 
Ord. 225-81, App. 5/5/81) 



Sec. 250.396. 



San Francisco - Public Works Code 



556 



SEC. 250.396. FURTHER BOARD 
ACTION. 

If the formula or formulae adopted for an 
issue of bonds requires the exercise of a discre- 
tion by the Board, further proceedings shall be 
had as provided in Section 250.397 through 
250.402 of this Subdivision. (Added by Ord. 
225-81, App. 5/5/81) 

SEC. 250.397. HEARING— DATE. 

Said report shall come on regularly for hear- 
ing by the Board at its first regular meeting held 
in August of each year. (Added by Ord. 225-81, 
App. 5/5/81) 

SEC. 250.398. HEARING— NOTICE- 
PUBLICATION AND POSTING. 

The Clerk shall cause notice of the hearing on 
the report to be given by one publication in a 
newspaper in the City, and by posting a copy of 
the notice on the bulletin board of the City Hall. 
The posting and publication shall be at least 10 
days before the day fixed for hearing. (Added by 
Ord. 225-81, App. 5/5/81) 

SEC. 250.399. HEARING— NOTICE- 
FORM. 

The notice shall be substantially as follows: 

"NOTICE OF HEARING ON 
PROJECT NO. " 

"NOTICE IS HEREBY GIVEN that the Trea- 
surer has caused to be prepared and filed with 
the Clerk of the Board of Supervisors a report 
which provides (1) the basis for lev5dng benefit 
assessments on the properties within the assess- 
ment district created and established for the 
Project cited above, and (2) the amounts pro- 
posed to be levied for the fiscal year of 

upon the several lots and parcels in the assess- 
ment district created to pay the principal and 
interest of the bonds issued in said project, which 
report is open to public inspection." 

"Said report will be heard by the Board of 
Supervisors at its meeting to be held on the 
day of , 19 , at 



the hour of 



o'clock 



.M., Board 



Chamber, City Hall, San Francisco, California, 



at which time said Board will examine said 
report and hear all persons interested therein 
and all objections, protests or other written com- 
munications." 

"Any interested person, objecting to the 
amount of the assessment on any parcel of land 
owned by him, may file with the Clerk a written 
protest thereon at or before the time herein 
fixed." 
(Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.400. HEARING— AFFIDAVITS. 

Affidavits or certificates of publication and 
posting of hearing shall be made and filed with 
the Clerk. (Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.401. HEARING— PROTESTS. 

The Clerk shall endorse on each protest the 
date it is filed with him, and shall show whether 
said protest is filed prior to the hour fixed for 
hearing. No protest received after said hour shall 
be legal, but the Board may, at its discretion, 
consider said protests and hear the signers thereof 
(Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.402. HEARING— BOARD 
DUTIES. 

At the time and place fixed for said hearing, 
or at any time to which said hearing is ad- 
journed, the board shall: 

(1) Hear all persons having an interest in 
any real property within the district; 

(2) Hear all objections, protests or other 
written communications from any persons inter- 
ested in any real property within the district; 

(3) Take and receive oral and documentary 
evidence pertaining to the matters contained in 
the report; 

(4) Remedy and correct any error or infor- 
mality in the report, and revise and correct any 
of the acts or determinations of the director or of 
the person making said report as contained 
therein; 

(5) Make such discretionary determina- 
tions as may be required by the established 
formula or formulae; 



557 



Improvement Procedure Code 



Sec. 250.410. 



(6) Amend, alter, modify, correct and con- 
firm said report and each of the assessments 
therein. (Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.403. HEARING— DECISION 
FINAL. 

All decisions and determinations of the Board, 
on notice and hearing as aforesaid, shall be final 
and conclusive upon all persons entitled to ap- 
peal to it, as to all errors, informalities and 
irregularities which the Board might have avoided, 
or have remedied during the hearing on the 
report. (Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.404. CERTIFICATION AND 
FILING. 

The report, endorsed and confirmed in accor- 
dance with Sections 250.394 and 250.402, to- 
gether with the certificate of the Clerk as to the 
fact and date of approval by this Board, shall be 
delivered to the Tax Collector at or before the 
time for levy of property taxes for the fiscal year. 
(Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.405. BENEFIT 
ASSESSMENTS— POSTING. 

The Tax Collector shall post to the County 
tax roll, in a column provided therefor, the total 
amount of the benefit assessment to be levied 
and collected for said year on each lot or parcel 
within the assessment district. (Added by Ord. 
225-81, App. 5/5/81) 

SEC. 250.406. COLLECTION METHOD. 

Said benefit assessments shall be levied and 
collected upon the tax rolls upon which general 
property taxes allocated to the City are collected. 
Such assessments shall be in addition to all 
property taxes levied for general purposes, and 
shall be entered and collected together with, and 
not separate from such general taxes, and en- 
forced in the same manner and by the same 
persons and at the same time, and with the same 
penalties and interest, as are property taxes for 
public purposes, and all laws applicable to the 
levy, collection and enforcement of real property 
taxes for local purposes are applicable to said 
benefit assessment levies, and the assessed real 



property, if sold for taxes, shall be subject to 
redemption within one year from the date of sale 
in the same manner as such real property is 
redeemed from the sale for taxes and if not 
redeemed shall in like manner pass to the pur- 
chaser. (Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.407. ADVANCE OF FUNDS. 

The Board may annually at, or prior to, the 
time the levy is made, or at such other time as it 
determines, advance as a loan or contribution to 
the redemption fund of said bonds such amount 
or amounts as it may from time to time deter- 
mine. (Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.408. PUBLIC PROPERTY 
EXEMPT. 

Public property, whether or not in use in the 
performance of a public function, shall be exempt 
from the levy of benefit assessments to service 
bonds issued pursuant to this Subdivision. (Added 
by Ord. 225-81, App. 5/5/81) 

SEC. 250.409. OMITTED PROPERTY- 
ASSESSMENT. 

If any parcel of property is omitted from the 
tax roll for any year in which such levy is made, 
it shall be added at the end of the roll and 
assessed as contained in the report herein pro- 
vided. If any property is omitted in any such 
report it shall be assessed for the omitted amount 
in the next year after said omission is discovered, 
and appropriate provision shall be made in the 
report for said year. (Added by Ord. 225-81, App. 
5/5/81) 

SEC. 250.410. VALIDITY OF BONDS AND 

ASSESSMENT. 

All bonds issued and all assessments levied 
and collected pursuant to the provisions of this 
Subdivision shall by their issuance or levy be 
conclusive evidence of the regularity, validity 
and legal sufficiency of all proceedings, acts and 
determinations in any way pertaining thereto, 
and, after the same are issued, no assessment 
levied or collected for the purpose of pajdng the 
principal or interest on said bonds shall be held 
invalid or illegal, or set aside by reason of any 



Sec. 250.410. 



San Francisco - Public Works Code 



558 



error, informality, irregularity, omission or defect 
in said proceedings not amounting to a want of 
due process of law. (Added by Ord. 225-81, App. 
5/5/81) 

SEC. 250.411. CURATION. 

No assessment or bonds, or any order for 
their issuance, and no proceedings prior thereto, 
shall be held invalid by any court for any error, 
omission, irregularity, informality, or other de- 
fect in the same, where the resolution of inten- 
tion has been published as herein provided. 
(Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.412. DEDICATION. 

No proceeding taken or had under this Sub- 
division shall be held to be invalid on the ground 
that the real property, or a portion thereof, upon 
which the work or improvement or part thereof 
is to be done or was done has not been lawfully 
dedicated or acquired, provided the same has 
been lawfully dedicated or acquired, or an action 
for the acquisition thereof has been filed, or 
otherwise, at any time before judgment has been 
entered in any legal action or proceeding involv- 
ing such issue. (Added by Ord. 225-81, App. 
5/5/81) 

SEC. 250.413. DECISIONS FINAL. 

All the decisions and determinations of the 
Board, upon notice and hearing as aforesaid, 
shall be final and conclusive upon all persons 
entitled to appeal under the provisions of this 
Title, as to all errors, informalities, omissions, 
irregularities, and other defects, which the Board 
might have avoided, or might have remedied, 
during the progress of the proceedings, or which 
it can at that time remedy. (Added by Ord. 
225-81, App. 5/5/81) 

SEC. 250.414. NEW BONDS— ISSUED 
WHEN PROCEEDINGS IRREGULAR. 

When any court of competent jurisdiction, or 
the Board of its own volition, determines that 
any contract purported to have been made, or 
any proceedings, steps or actions purported to 
have been taken, or any bond or bonds issued, or 
a levy of assessment made, under this Subdivi- 



sion, is or are void, invalid, or unenforceable for 
any reason, or any court for any cause enjoins 
the issuance of pajnnent of any bonds proposed to 
be or which have been issued under this Subdi- 
vision, or the pa5rment of any pledge or contribu- 
tion, or the levy of any annual benefit assess- 
ment, or any other action or determination which 
might or will affect the prompt and orderly 
payment of any such bonds or the interest thereon 
as they shall accrue, said court or the Board shall 
also determine that new bonds shall be issued in 
the place thereof. In such event, the Board shall 
cause a declaration to be filed which shall state 
the amount of any work performed, improve- 
ments made, acquisitions had, and the costs 
thereof and expenses incidental thereto, and the 
estimated cost of any future work, improve- 
ments, acquisition and incidental costs and ex- 
penses. Jurisdiction therefor shall be had after 
notice published and posted and hearing had as 
provided in Subdivision 4 of Subeirticle V of this 
Procedure Code; provided, that there shall be no 
bar to said proceedings by reason of a majority or 
other protest against them. (Added by Ord. 225- 
81, App. 5/5/81) 

SEC. 250.415. EXISTING BONDS- 
SECURITY. 

If the invalidity is not in the bonds them- 
selves or in the issuance thereof, the Board may 
so declare in the re-assessment proceedings. In 
such event, the reauthorization proceedings shall 
constitute the proceedings providing the legal 
authority for the issuance of the outstanding 
bonds, and the redemption fund created in any 
re-assessment proceedings shall constitute a trust 
fund for their payment. (Added by Ord. 225-81, 
App. 5/5/81) 

SEC. 250.416. EXISTING BONDS- 
EXCHANGE. 

If the invalidity is in the bonds themselves or 
in the issuance thereof, or if the Board so deter- 
mines in the re-assessment proceedings, new 
bonds shall be issued and exchanged for the 
outstanding bonds. The new bonds shall mature 
in the amounts and at the times provided for the 
outstanding bonds, as nearly as may be. If the 



559 



Improvement Procedure Code 



Sec. 250.428. 



Board so determines, it may assign different 
bonds and allot maturities as it deems equitable. 
(Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.417. SALE OF NEW BONDS- 
RETIREMENT OF OLD BONDS. 

If any part of the outstanding bonds have 
matured or will mature before the time for 
providing for the servicing of the new bonds, or if 
interest has accrued or will so accrue, the Board 
may provide for the issuance of additional new 
bonds in the amount thereof and for their matu- 
rity. If the holders of said outstanding bonds or 
coupons, or any other holders of outstanding 
bonds or coupons have refused to accept ex- 
change of bonds therefor, the Board shall sell 
additional bonds in the amount thereof, and 
deposit the proceeds in the redemption fund. 
Said outstanding bonds shall forthwith become 
due and payable without premium, and shall no 
longer bear interest. (Added by Ord. 225-81, App. 
5/5/81) 

SEC. 250.418. ALTERNATE BOND 
DATES. 

Notwithstanding any other provisions of this 
Subdivision, the Board may provide that any 
bonds heretofore or hereafter authorized to be 
issued pursuant hereto, be payable on July 2nd 
in each year, and that the interest coupons be 
payable on January 2nd and July 2nd in each 
year, or on such other dates as it deems appro- 
priate. (Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.419. SUPPLEMENTAL 
REMEDY PROVISIONS. 

To the extent authorized under the California 
Constitution, the supplemental remedy provi- 
sions of Part 13 (commencing at Section 8800 et 
seq.) of Division 10 of the Streets and Highways 
Code shall apply. This Section is adopted pursu- 
ant to Section 43240 of the Government Code. 
(Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.420. ALTERATION OF 
BOUNDARIES. 

The boundaries as formed pursuant to Sub- 
division 5 of Subarticle V and this Subdivision 7 



of Subarticle VI may be altered from time to time 
in the manner provided in Section 250.248 of this 
Procedure Code. (Added by Ord. 225-81, App. 
5/5/81) 

SUBDIVISION 8 
REFUNDING BONDS 

SEC. 250.425. PURPOSE. 

When, in the opinion of the Board, found and 
determined by resolution, by reasons of delin- 
quencies or threatened delinquencies, or by rea- 
sons of changes in interest rates, the economy 
and general welfare of the owners of property 
within an assessment district will be served 
thereby, proceedings for refunding or advance 
refunding of outstanding assessment bonds may 
be had pursuant to this Subdivision. (Added by 
Ord. 225-81, App. 5/5/81) 

SEC. 250.426. GENERAL LAW 
ASSESSMENT BONDS. 

Special assessments and special assessment 
bonds heretofore or hereafter levied or issued 
pursuant to general law may be refunded pursu- 
ant to this Subdivision. The provisions of the 
Special Assessment and Bond Refunding Act of 
1939, Chapter 5, Division 1, Title 6 (commencing 
with Section 59100) of the Government Code 
shall apply (Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.427. PROCEDURE CODE 
ASSESSMENT BONDS. 

Special assessments and special assessment 
bonds hereafter levied or issued pursuant to this 
Procedxu-e Code may be refunded by proceedings 
had pursuant to Subdivision 4 of Subarticle V of 
this Procedure Code. The provisions of this Sub- 
division are to be read in pari materia with the 
provisions of Subarticles V and VI of this Proce- 
dure Code pursuant to which the former assess- 
ments were levied or bonds were issued. (Added 
by Ord. 225-81, App. 5/5/81) 

SEC. 250.428. REFUNDING BONDS. 

The refunding bonds shall be issued pursu- 
ant to the provisions of Subarticle VI of this 
Procedure Code. (Added by Ord. 225-81, App. 
5/5/81) 



Sec. 250.429. 



San Francisco - Public Works Code 



560 



SEC. 250.429. AMOUNTS FUNDED OR 
REFUNDED. 

Refunding bonds may be issued in a principal 
amount sufficient to provide for the payment of 
all of the following: 

(a) The principal amount of the bonds to be 
refunded; 

(b) The premium necessary to be paid in 
calling and retiring the outstanding bonds; 

(c) The price in excess of the par value of 
bonds required to be paid for their purchase in 
the open market; 

(d) Interest accrued, or to accrue, on the 
bonds to be refunded, to the date of their refund- 
ing or to the next interest payment date there- 
after when required to be paid; 

(e) The costs of financial, legal and other 
technical services employed to accomplish the 
refunding; 

(f) The costs of printing and advertising, 
and all other costs of the City incurred or to be 
incurred in the refunding proceedings; and 

(g) Interest on the refunding bonds from 
their date to the date they are delivered to the 
former bondholders, in exchsmge for former bonds. 
(Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.430. EXCHANGE. 

Refunding bonds may be exchanged for former 
bonds, in which event the holder of the former 
bonds and the Board shall agree upon the amounts 
and maturities of the bonds to be exchanged. 
(Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.431. SALE. 

Refunding bonds may be sold in the manner 
provided in Subarticle VI of this Procedure Code, 
and the proceeds used to purchase or pay for all 
or any of the former bonds and costs of refund- 
ing. (Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.432. REFUNDING PLAN. 

The Board may by resolution establish a plan 
of refunding and rules and regulations therefor, 
to be performed by the Chief Administrative 
Officer, Treasurer, or other persons designated 
by it. (Added by Ord. 225-81, App. 5/5/81) 



SEC. 250.433. 
TRUSTEE. 



DEPOSITARY OR 



The Board may appoint and provide a bank 
or other trust company to act as depositary or 
trustee, and to otherwise assist in the consum- 
mation of a refunding plan. (Added by Ord. 
225-81, App. 5/5/81) 

SEC. 250.434. JOINT PROCEEDINGS. 

Proceedings for refunding bonds may be had 
in conjunction with proceedings for the acquisi- 
tion or construction of public improvements or 
facilities pursuant to Subarticle V of this Proce- 
dure Code. (Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.435. CONTRACT RIGHTS. 

Nothing in this Subdivision shall be con- 
strued as authorizing the City to violate any 
contract or other vested rights arising from the 
issuance or ownership of the former bonds. The 
City is authorized to and shall conduct a refund- 
ing proceedings and take all proceedings neces- 
sary therein to avoid the violation of a contract or 
vested right. To this end, the City may exercise 
in whole or in part the procedure therefor in any 
law or provide therefor itself. (Added by Ord. 
225-81, App. 5/5/81) 

SUBARTICLE VII 
TEMPORARY BORROWING 

SUBDIVISION 1 
BOND ANTICIPATION NOTES 

SEC. 250.440. BONDS. 

Bonds mean bonds or other obligations or 
evidences of indebtedness of the City which have 
been or may hereafter be authorized but have 
not been issued and sold. (Added by Ord. 225-81, 
App. 5/5/81) 

SEC. 250.441. NOTE. 

"Note" means a Bond Anticipation Note to be 
issued upon the security of funds receivable from 
the sale of bonds and includes notes. (Added by 
Ord. 225-81, App. 5/5/81) 



561 



Improvement Procedure Code 



Sec. 250.455. 



SEC. 250.442. RESOLUTION. 

"Resolution"'^means the Resolution pursuant 
to which a Note is authorized and issued. (Added 
by Ord. 225-81, App. 5/5/81) 

SEC. 250.443. BORROWING. 

The Board may borrow money, the indebted- 
ness of which shall be evidenced by a Note. 
(Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.444. AUTHORIZING 
RESOLUTION. 

The issuance of a Note shall be authorized by 
Resolution of the Board for the City or in its 
representative capacity. (Added by Ord. 225-81, 
App. 5/5/81) 

SEC. 250.445. NOTE FORM. 

The Resolution shall contain a form of the 
proposed Note to be issued. (Added by Ord. 
225-81, App. 5/5/81) . 

SEC. 250.446. BOND DESCRIPTION. 

The Resolution shall describe the bonds, the 
proceeds of which shall constitute the source and 
security for the payment of the Note, sufficient to 
identify them. (Added by Ord. 225-81, App. 5/5/ 
81) 

SEC. 250.447. NEGOTIABILITY. 

A Note may be made payable to order or be 
negotiable and payable to bearer. (Added by Ord. 
225-81, App. 5/5/81) 

SEC. 250.448. CALLABLE NOTE. 

The Resolution may provide that the Note 
shall be subject to call and redemption prior to 
the maturity, at the option of the City, and state 
the manner of giving notice of redemption to the 
holder of the Note to be redeemed and the price 
at which the Note shall be subject to redemption. 
Such Note shall state on its face that it is 
callable, and no Note shall be so subject unless it 
contains such recital. (Added by Ord. 225-81, 
App. 5/5/81) 



SEC. 250.449. LIMITATION ON AMOUNT. 

A Bond Anticipation Note may be issued in 
such principal amount as is set forth in the 
Resolution authorizing its issuance, which may 
include interest on the Note for its full term; 
provided, however, that such Note shall not be 
issued in a principal amount at any time out- 
standing which, when added to the interest pay- 
able thereon for the full period of the Note shall 
exceed the authorized principal amount of the 
unissued bonds described in the Resolution au- 
thorizing the issuance of the Note. (Added by 
Ord. 225-81, App. 5/5/81) 

SEC. 250.450. DENOMINATION; TERM. 

A Note may be in any denomination and be 
payable not later than five years after its date of 
issuance. (Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.451. PAYMENT SOURCE. 

Except as otherwise provided in this Subdi- 
vision, a Note and the interest thereon shall be 
payable solely from the proceeds of the sale of the 
bonds and the Resolution shall so provide. (Added 
by Ord. 225-81, App. 5/5/81) 

SEC. 250.452. BOND ISSUANCE. 

The City shall have a mandatory duty to 
diligently take all action legally necessary and 
appropriate to issue and sell the bonds. (Added 
by Ord. 225-81, App. 5/5/81) 

SEC. 250.453. ASSIGNMENT. 

The Resolution may also contain an assign- 
ment of the proceeds of the sale of the bonds to 
the holder or owner of the Note as security for 
the pa5iTnent of the Note and the interest thereon. 
(Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.454. PLEDGE. 

The Resolution may also provide that the 
proceeds of the bonds are pledged to the payment 
of the Note and the interest thereon. (Added by 
Ord. 225-81, App. 5/5/81) 

SEC. 250.455. LIEN. 

Notwithstanding any other provision in the 
Resolution, or the absence thereof therein, the 



Sec. 250.455. 



San Francisco - Public Works Code 



562 



Note and the interest thereon shall constitute a 
first lien upon and charge against the proceeds of 
the bonds. (Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.456. GRANT ANTICIPATION 
FUNDS; PAYMENT; ASSIGNMENl^ 
PLEDGE. 

A Note may be paid from funds which have or 
will be received by the City from grants of the 
State or Federal Government, or both, toward 
the costs of the public improvements for which 
the bonds were authorized; and said funds may 
be assigned or pledged as additional security for 
the pajmient of the Note and the interest thereon. 
(Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.457. OTHER FUNDS. 

A Note may be paid from other funds of the 
City, which may be lawfully appropriated, bud- 
geted or paid therefor; provided, however, that 
no assignment or pledge thereof shall be made or 
be effective which shall be in violation of any 
provision of the Charter, the California Consti- 
tution or any law. (Added by Ord. 225-81, App. 
5/5/81) 

SEC. 250.458. SAVING CLAUSE. 

No provision in this Subdivision as to any 
other source of pajrment of a Note or the assign- 
ment or pledge thereof shall be construed as or 
have the effect of diluting, diminishing or other- 
wise qualifying the obligation of the City to pay 
the Note and the interest thereon from the 
proceeds of the bonds, or of any assignment or 
pledge thereof or the lien thereon, excepting to 
the extent that said other funds shall have been 
used and applied in pajnnent of said Note and 
the interest thereon. (Added by Ord. 225-81, 
App. 5/5/81) 

SEC. 250.459. TIME OF ISSUANCE. 

A Bond Anticipation Note may be issued from 
time to time as provided in the Resolution au- 
thorizing its issuance. (Added by Ord. 225-81, 
App. 5/5/81) 



SEC. 250.460. EXECUTION. 

A Note shall be executed® in the manner 
provided in the Resolution. (Added by Ord. 225- 
81, App. 5/5/81) 

SEC. 250.461. ISSUANCE AND SALE; 
INTEREST. 

The Board may issue and sell a Note as it 
shall determine and direct, at public or private 
sale, at or below its par value and at a rate of 
interest not to exceed the rate, and shall be 
payable at the time or times and in the amount 
or amounts, as provided in the Resolution. (Added 
by Ord. 225-81, App. 5/5/81) 

SEC. 250.462. USE OF FUNDS. 

The proceeds of a Note may be used and 
expended by the City solely for the purposes for 
which the bonds were authorized. (Added by 
Ord. 225-81, App. 5/5/81) 

SEC. 250.463. REFUNDING. 

A Note may be refunded by the issuance of a 
refunding note in such amount or amounts as 
the Board may deem necessary to refund the 
principal of the note to be so refunded, any 
unpaid interest thereon, any discount and funded 
interest, and issuing expenses. (Added by Ord. 
225-81, App. 5/5/81) 

SUBARTICLE VIII 
LANDSCAPE AND LIGHTING 

MAINTENANCE DISTRICT 
PROCEDURE 

SUBDIVISION 1 
GENERAL PROVISIONS 

SEC. 250.470. PURPOSE AND INTENT. 

It is the purpose and intent of this Subarticle 
to establish a method by which landscaping, 
statuary, fountains, or other ornamental struc- 
tures and appurtenant facilities or public light- 
ing systems and appurtenant facilities may be 
constructed, installed, and/or maintained, the 
costs of which are to be assessed to the property 
which is adjacent to or in the vicinity of such 
systems or facilities and which is receiving ben- 



563 



Improvement Procedure Code 



Sec. 250.480. 



efit therefrom; and it is further the intent and 
purpose of this Subarticle to estabhsh a proce- 
dure by which such assessments may be col- 
lected. (Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.471. COMPLIANCE WITH 
SUBARTICLE. 

Any proceedings taken or assessment levied 
pursuant to this Subarticle shall not be held 
invalid for failure to comply with the provisions 
of this Subarticle. (Added by Ord. 225-81, App. 
5/5/81) 

SEC. 250.472. NECESSARY OR 
CONVENIENT PROCEDURE 
AUTHORIZED. 

Any procedure not expressly set forth in this 
Subarticle but deemed necessary or convenient 
to carry out any of its purposes is authorized. 
(Added by Ord. 225-81, App. 5/5/81) 



SEC. 250.473. 
REMEDIES. 



NONEXCLUSIVENESS OF 



The remedies provided in this Subarticle for 
the enforcement of any assessment levied pursu- 
ant to this Subarticle are not exclusive, and 
additional remedies may be provided at any 
time. (Added by Ord. 225-81, App. 5/5/81) 



SEC. 250.476. CONSTRUCTION. 

This Subarticle is to be liberally construed. 
(Added by Ord. 225-81, App. 5/5/81) 

SEC. 250.477. INCORPORATION OF THE 
LANDSCAPING AND LIGHTING ACT OF 
1972. 

The Landscaping and Lighting Act of 1972 
(commencing with Section 22500 of the Streets 
and Highways Code of the State of California, as 
said Act may be amended from time to time) is 
incorporated in and made a part of this Subar- 
ticle. Except as otherwise provided by this Sub- 
article or by supplemental ordinance, the mode 
and manner for making improvements and for 
levjdng and collecting the assessments shall be 
as prescribed in said Landscaping and Lighting 
Act of 1972 as now or hereafter amended. (Added 
by Ord. 225-81, App. 5/5/81) 

SUBARTICLE IX 
CERTIFICATION AND PUBLICATION 

SEC. 250.480. CERTIFICATION AND 
PUBLICATION. 

The Clerk shall certify to the adoption of this 
Ordinance and cause the same to be published as 
required by law. (Added by Ord. 225-81, App. 
5/5/81) 



SEC. 250.474. ABANDONMENT OF 
PROCEEDINGS. 

Proceedings under this Subarticle may be 
abandoned at any time prior to the confirmation 
of the assessments. (Added by Ord. 225-81, App. 
5/5/81) 



SEC. 250.475. 
LAW. 



EFFECT UPON OTHER 



This Subarticle does not affect any other law 
relating to the same or any similar subject, but 
provides an alternative authority and procedure 
for the subject to which it relates. When proceed- 
ing under this Subarticle, its provisions only 
need be followed. (Added by Ord. 225-81, App. 
5/5/81) 



San Francisco - Public Works Code 564 



[The next page is 613] 



ARTICLE 7: MAINTENANCE DISTRICTS 



Sec. 260. Definitions. 

Sec. 261. Creation of Maintenance 

Districts — Items Maintained. 
Sec. 262. Levy and Collection of 

Assessments. 
Sec. 263. Order Declaring Intention to 

Recommend. 
Sec. 264. Designation of District 

Benefited — ^Allocation of Benefit. 
Sec. 265. Order Declaring Intention — 

Proceedings. 
Sec. 266. Protests — Decision of Director. 

Sec. 267. Action on Protest — 

Recommendation — Diagram. 

Sec. 268. Recommendation That 

Maintenance District Be 
Formed. 

Sec. 269. Proceedings By the Board — 

Delay, Extent — Maintenance 
District Formed by Ordinance. 

Sec. 270. Abandonment of Proceedings — 

Renewal. 

Sec. 271. Description of Assessment 

District Required. 

Sec. 272. Maintenance Assessments. 

Sec. 273. Levy, Collections, and 

Expenditure of Funds. 

Sec. 274. City and County Pajmients. 

Sec. 275. Fund Transfers. 

Sec. 276. Contracts, Bid and Award 

Procedure. 

Sec. 277. Maintenance by City and 

County. 

SEC. 260. DEFINITIONS. 

As used in this Article. 

(a) "Director" shall mean the Director of 
Public Works; 

(b) "District" shall mean Maintenance Dis- 
trict established by the Board of Supervisors 
pursuant to this Article; and 



(c) "Board" shall mean the Board of Super- 
visors of the City and County of San Francisco. 
(Amended by Ord. 443-74, App. 9/18/74) 

SEC. 261. CREATION OF 
MAINTENANCE DISTRICTS— ITEMS 
MAINTAINED. 

The Board, pursuant to the procedure pre- 
scribed in this Article, may order that the ex- 
penses of maintaining and operating any or all 
items permitted to be constructed pursuant to 
Article 6 of this Code, including the cost of 
necessary repairs, replacements, fuel, power, elec- 
trical current, care, supervision, and any and all 
items necessary for the proper maintenance and 
operation thereof, shall be assessed, either partly 
or wholly upon the real property Ijdng within the 
district to be benefited. (Amended by Ord. 443- 
74, App. 9/18/74) 

SEC. 262. LEVYAND COLLECTION OF 

ASSESSMENTS. 

The amounts so assessed are to be levied and 
collected in the same manner and by the same 
officers as ad valorem real property taxes for 
City and County purposes are levied and col- 
lected. (Amended by Ord. 91-81, App. 2/20/81) 

SEC. 263. ORDER DECLARING 
INTENTION TO RECOMMEND. 

The Director may make an order declaring 
his intention to recommend to the Board that 
they order a maintenance district formed. 

(a) Designation of Contemplated Work. 

Said order declaring his intention shall refer to 
the items to be maintained. Said order will be 
sufficient if it states in general terms the items 
to be maintained, such as tree planting, land- 
scaping, sidewalk, street lighting, sidewalk fur- 
niture, and other items, and gives in general the 
scope of the proposed maintenance district. 



613 



Sec. 263. 



San Francisco - Public Works Code 



614 



(b) Notice of Time of Hearing. Said order 
declaring the intention of the Director shall also 
contain a notice of the day, hour, and place when 
and where any and all persons having any objec- 
tions to the proposed maintenance district may 
appear before the Director and show cause why 
the proposed district should not be formed in 
accordance with said order declaring the inten- 
tion of the Director. The time shall not be less 
than 15 days or more than 30 days from the date 
of msiking the order. (Amended by Ord. 443-74, 
App. 9/18/74) 

SEC. 264. DESIGNATION OF DISTRICT 
BENEFITED— ALLOCATION OF 
BENEFIT. 

The Director shall make the expense of the 
district chargeable upon the district that in his 
opinion is benefited by such maintenance, allo- 
cating the expense to properties within the dis- 
trict in proportion to benefit as determined by an 
appropriate benefit formula not dependent on 
assessed value. 

In the order declaring his intention the Di- 
rector shall describe the district, declare it to be 
the district which will be benefited, and describe 
the benefit formula to be applied. 

Such district may be described in the order 
by stating the exterior boundaries thereof, or by 
giving a description thereof according to any 
official or recorded map or maps, or by referring 
to the maps or block books customarily used by 
the Assessor and Tax Collector for City and 
County assessment or tax collection purposes, or 
by referring to a plat or map which shall be on 
file in the office of the Director at the time of 
making the order declaring his intention: said 
last-mentioned plat or map shall indicate by a 
boundary line the extent of the territory included 
in the proposed district, and, if referred to as 
hereinabove provided for, shall govern for all 
details as to the extent of such district. (Amended 
by Ord. 91-81, App. 2/20/81) 

SEC. 265. ORDER DECLARING 
INTENTION— PROCEEDINGS. 

A copy of the Director's order declaring his 
intention to recommend the forming of a district 



shall be published for one day in the official 
newspaper of said City and County. Such publi- 
cation shall be made at least 10 days before the 
date fixed in said order for hearing by the Direc- 
tor. A copy of said order shall be posted in the 
office of the Director at least 10 days before the 
date named in the order for action by the Direc- 
tor. 

(a) Notice Requirements. Said Director 
shall cause notices of the making of said order to 
be conspicuously posted along all the streets 
within the district chargeable for the expense of 
the maintenance district, at not more than 300 
feet in distance apart, on each street so posted, 
but not less than three on each street in such 
district. The notice shall be headed "Notice of 
Maintenance District" in letters of not less than 
one inch in height, and shall, in legible charac- 
ters, state the fact of the adoption of such order 
of the Director declaring his intention, its date, 
and shall briefly describe the items proposed to 
be maintained, and shall refer to said order of 
the Director for further particulars. Said notices 
shall also set out the proposed district to be 
assessed to pay the expense of such maintenance 
district. Said district shall be described in the 
same manner in which it shall be described in 
the order of the Director deciding his intention 
as provided for in Section 264 of this Article. Said 
notice shall also state that it is proposed to 
assess the property within such district to pay 
the total or partial expense of such maintenance 
as the case may be. The notices shall also state 
that all objections to the proposed maintenance 
district or otherwise must be filed, in writing, 
with the Director before the day fixed in his said 
order for action thereon, or must be made orally 
on said day, or on the day to which action on said 
order may be postponed. The day, hour and place 
fixed in said order for action thereon shall also be 
indicated in said notices. 

(b) Mailing Requirements. The Director 
shall cause to be mailed, at least 10 days prior to 
the hearing, postage prepaid, a copy of such 
order to each property owner whose name ap- 
pears upon the assessment book of the City and 
County current at the time of the making of such 
order, and whose property is to be assessed for 



615 



Maintenance Districts 



Sec. 267. 




the proposed maintenance district. In case any 
lots, piece or parcel of land liable to be assessed 
for such maintenance district be assessed on 
such assessment book to "unknown owners," 
then no copy of such order need be mailed to the 
owner thereof. 

The mailing of such copy of such order shall 
be to the address as the same appears upon the 
said assessment book as indicating the address 
of the owner of the property to be assessed for 
such maintenance district; and in case no such 
address appears upon said assessment book, 
then the mailing of such copy may be made 
either to an address designated in the last issue 
of the city directory having relation to a name 
corresponding to that of such owner, if such a 
name appear therein, or to an address obtain- 
able from any other probably reliable source of 
information that may be conveniently available 
to the person performing such mailing, or such 
mailing to such owner may be made to the 
general delivery of the post office at the City and 
County. 

The Board, before ordering the contemplated 
maintenance district be formed, may, if they 
deem it advisable, require an affidavit to be filed 
showing that the foregoing requirement for the 
mailing such copies of the said order has been 
complied with. Such affidavit shall be conclusive 
of the facts therein recited. 

Such requirement for such mailing of the 
copies of the order of intention shall not be 
deemed jurisdictional, and the failure of the said 
property owners, or any of them, to receive said 
copies of the said order, or any error or omission 
in relation to the said mailing of the same, shall 
in nowise affect the validity of the proceeding or 
prevent the Supervisors from acquiring jurisdic- 
tion to order the proposed maintenance district. 
Knowledge of the making of such order of inten- 
tion acquired by any such owner, prior to the 
date of action thereon, in any manner other than 
by mailing to him a copy of such order, shall be 
deemed the equivalent of such mailing for all 
purposes to be subserved thereby. 

(c) Substantial Compliance. No proceed- 
ing shall be held invalid for failure to post any 
street or streets, as in this Section provided, if 



the provision of this Section has been substan- 
tially complied with. All posting hereby pre- 
scribed must be completed at least 10 days 
before the day set for hearing on said order of 
said Director declaring his intention. (Amended 
by Ord. 443-74, App. 9/18/74) 

SEC. 266. PROTESTS— DECISION OF 
DIRECTOR. 

At any time before the day fixed in said order 
of the Director for action thereon by the Director, 
any owner of, or person interested in, property 
liable to be assessed for the proposed mainte- 
nance district or the duly authorized representa- 
tive of such owner, or other person, in his behalf, 
may make written protest against the proposed 
maintenance district, or to the extent of the 
district to be assessed therefor, or to the benefit 
formula proposed to be applied, or to more than 
one of the foregoing, or make any other protest 
with regard thereto. Such protest must be in 
writing, must contain a description of the prop- 
erty in which each signer thereof is interested, 
sufficient to identify the same, must set forth the 
nature of his interest therein, and must be 
delivered to the Department of Public Works of 
the City and County, the Secretary or a clerk of 
which shall endorse thereon the date of receipt 
thereof. No other protests or objections shall be 
considered by the Director, except oral protests 
made at the time at which the Director conducts 
the hearing mentioned in his order. At the time 
set for hearing protests the Director may pub- 
licly postpone action on his order from time to 
time, and all persons interested shall be deemed 
to have notice of such postponement and shall be 
governed thereby. The decision of the Director on 
all such protests shall be final and conclusive 
except in case of appeal to the Board as in this 
Article hereinafter provided for. (Amended by 
Ord. 91-81, App. 2/20/81) 

SEC. 267. ACTION ON PROTEST- 
RECOMMENDATION— DIAGRAM. 

If any protest against the proposed district or 
any other protest be sustained by the Director, 
he shall not thereby be prevented from commenc- 
ing proceedings anew hereunder which shall 



Sec. 267. 



San Francisco - Public Works Code 



616 



embrace the same work and/or the same district 
or any part or parts of either or both thereof; and 
new proceedings may be had the same as if all 
such prior proceedings, no matter how many 
times instituted, had never been commenced. 

If no protests be made against the proposed 
district, or if all protests made against the same 
be overruled by the Director, the Director shall 
accompany his recommendation to the Board 
that the proposed district be formed, with a 
diagram on which shall be delineated each sepa- 
rate parcel of land within the limits of such 
district, the approximate dimensions of each 
such parcel and its relative location to the work 
proposed to be done. The correctness of such 
diagram shall be certified by the City Engineer. 
(Amended by Ord. 443-74, App. 9/18/74) 

SEC. 268. RECOMMENDATION THAT 
MAINTENANCE DISTRICT BE FORMED. 

If the protests to the proposed district or 
other protests be all overruled, or if no protests 
be made, the Director shall, within five days 
from the date of his action upon his order declar- 
ing his intention, make an order recommending 
to the Board that it order such district be formed, 
and the Director shall cause a copy of said last 
mentioned order to be transmitted to the Board. 

(a) Appeal to Supervisors — Procedure. 

When any protests by persons having any inter- 
est in the property to be assessed have been 
overruled by the Director, an appeal may be 
taken separately by each such protestant to the 
Board from the decision of the Director. Each 
such appeal shall be in writing, and shall be 
signed by each protestant participating therein 
with his place of residence set down opposite his 
signature and with a description of the property 
in which he is interested sufficient for identifi- 
cation of the same. Such appeal must be filed in 
the office of the Clerk of the Supervisors within 
10 days from the date of said Director's order 
recommending to the Board that the district be 
formed, and a copy of such appeal must be filed 
in the office of the Director within two days after 
the date of filing such appeal with the Clerk of 
the Supervisors. No appeal shall be considered 



by the Board unless the same be taken and 
perfected in the manner and within the time 
herein provided. 

(b) Order Overruling Protests. When the 
Director has overruled all such protests, he shall 
within five days after the date of such action 
make his order reciting such action, and therein 
recommend to the Supervisors that they order 
the proposed maintenance district be formed and 
transmit a copy of such order to the Board. 

(c) Hearing of Appeal — ^Notice. When an 
appeal or appeals shall have been taken as 
herein provided, the Board shall fix a time for 
hearing. The Clerk of the Supervisors shall there- 
upon notify the persons filing such an appeal or 
appeals of the time fixed for the hearing by 
mailing a notice thereof, postage prepaid, ad- 
dressed to each of said persons at his address as 
given in such notice of appeal. The affidavit of 
said Clerk of said mailing shall be conclusive of 
the fact. 

At the time so fixed for hearing the appeal, 
the Board shall hear and pass upon the same. 
Such hearing may be continued from time to 
time and all persons interested shall be deemed 
to have notice thereof and shall be governed 
thereby (Amended by Ord. 443-74, App. 9/18/74) 

SEC. 269. PROCEEDINGS BY THE 
BOARD— DELAY, EXTENT- 
MAINTENANCE DISTRICT FORMED BY 
ORDINANCE. 

The Board, if they do not deny such appeal, 
may by resolution delay further proceedings in 
relation to the proposed maintenance district for 
not more than one year from the date of the 
adoption of such resolution. 

Upon petition of the appellants the Board 
may continue with the proceedings from time to 
time during said period of delay. 

Upon expiration of the period of delay so 
fixed by the Board, the Director may again 
recommend to the Board that the proposed dis- 
trict be formed, and thereupon the Board, after 
notice to the appellants as provided for in Sec- 



617 



Maintenance Districts 



Sec. 274. 



tion 268 of this Article, shall order the district be 
formed or may declare an abandonment of all 
proceedings theretofore had in the manner. 

The ordering of any proposed maintenance 
district shall be by ordinance. (Amended Ord. by 
443-74, App. 9-18-74) 

SEC. 270. ABANDONMENT OF 
PROCEEDINGS— RENEWAL. 

The Director at any stage of the proceedings 
for any proposed maintenance district prior to 
action by the Board upon his recommendation 
that they order the same done, may by order 
abandon any or all proceedings theretofore had 
in relation to such proposed district; and the 
Director may commence said proceedings anew 
and continue the same from any part of said 
proceedings not so abandoned. If the Director 
abandons any or all proceedings after his mak- 
ing an order of recommendation and before ac- 
tion thereon by the Board, he shall cause notice 
of such fact forthwith to be transmitted to the 
Board, and the Board shall take no action upon 
the recommendation in such case. 

If the Board pass an ordinance ordering any 
proposed maintenance district formed pursuant 
to this Article, it may upon recommendation of 
Director repeal such ordinance ordering such 
maintenance district. 

The Director, from time to time after he has 
abandoned any proceedings for any proposed 
maintenance district pursuant to this Article, 
may institute and continue proceedings hereun- 
der for the maintenance district theretofore pro- 
posed and abandoned, or for such district or 
modified maintenance district as he may deter- 
mine the public interest or convenience requires, 
all in accordance with the procedure prescribed 
in this Article. (Amended by Ord. 443-74, App. 
9/18/74) 

SEC. 271. DESCRIPTION OF 
ASSESSMENT DISTRICT REQUIRED. 

The ordinance ordering the district formed 
shall contain a description of the district similar 



to that contained in said order of the Director 
declaring his intention. (Amended by Ord. 443- 
74, App. 9/18/74) 

SEC. 272. MAINTENANCE 
ASSESSMENTS. 

The Board shall thereafter, in each year, 
prior to the time of fixing the City and County 
tax rate, estimate the cost of maintaining and 
operating the said items to be maintained and 
operated within said maintenance district dur- 
ing the ensuing year. The Board shall decide 
whether or not the cost of the same shall be 
borne wholly or partially by the said mainte- 
nance district and shall, in addition to all other 
taxes and assessments, fix annual special assess- 
ments for the real property within said mainte- 
nance district sufficient to raise an amount of 
money to cover the entire expense of maintain- 
ing said improvements during the ensuing years, 
or such portion of said amount as the Board shall 
determine shall be borne by said district, and the 
Supervisors shall levy a special assessment each 
year upon the real property in such district, 
allocated to individual properties within the dis- 
trict according to the benefit formula for that 
district, in an amount sufficient to pay such 
entire annual expense, or the portion thereof 
which must be paid by the district. (Amended by 
Ord. 91-81, App. 2/20/81) 

SEC. 273. LEVY, COLLECTIONS, AND 
EXPENDITURE OF FUNDS. 

The special assessments shall be levied and 
collected at the same time and in the same 
manner as the general ad valorem real property 
tax levy for City and County purposes and when 
collected shall be paid into the City Treasury to 
the credit of the fund of the maintenance district 
and be used for the pajnnent of the expenses of 
such district. The Board may control and order 
the expenditure thereof for such purposes. 
(Amended by Ord. 91-81, App. 2/20/81) 

SEC. 274. CITY AND COUNTY 
PAYMENTS. 

The Board may determine that the whole or 
any part of the expense of such maintenance 



Sec. 274. 



San Francisco - Public Works Code 



618 



shall be paid by the City and County. If the City 
and County is to contribute toward the expenses 
of such maintenance the declaration of intention 
and ordinance shall so provide. When such pro- 
vision is made the execution of the contract for 
maintenance shall create an obligation on the 
City and County to make the contribution pro- 
vided for in declaration of intention and Ordi- 
nance. (Amended by Ord. 443-74, App. 9/18/74) 



SEC. 277. MAINTENANCE BY CITY AND 
COUNTY. 

Nothing in this Article shall be construed as 
prohibiting the City and County itself from main- 
taining and operating any or all of the improve- 
ments when ordered by the Supervisors and 
from purchasing the materials and supplies and 
emplojdng the labor necessary for such purpose. 
(Amended by Ord. 443-74, App. 9/18/74) 



SEC. 275. FUND TRANSFERS. 

The Board may temporarily transfer moneys 
to the maintenance district fund from other 
funds in which such moneys are not immediately 
needed. The money so transferred shall be used 
for the purposes provided in this Article and be 
retransferred from the maintenance district fund 
out of the first available receipts. 

If a district is organized in any year too late 
for the levy of special assessments in that year or 
in the next ensuing year, the Supervisors aire 
hereby authorized to transfer funds of the City 
and County not immediately needed for City and 
County purposes to the maintenance district 
fund of the district to be used for the payment of 
the expenses of such district imtil such time as 
special assessment receipts are available there- 
for. The Board shall include in the levy of special 
assessments for the district for the first fiscal 
year in which a special assessment may be 
levied, a sum sufficient to repay to the City and 
County the amounts so transferred to the dis- 
trict for the portion or portions of the preceding 
fiscal year or years for which no levy of special 
assessments was made for the purpose and the 
amounts so transferred shall be retransferred to 
the City Treasury from the maintenance district 
fluid of the district out of the first available 
receipts from the tax levy. (Amended by Ord. 
91-81, App. 2/20/81) 



SEC. 276. CONTRACTS, BID AND 
AWARD PROCEDURE. 

All contracts shall be let to the lowest respon- 
sible bidder as prescribed in Sections 200 to 214 
inclusive, of Article 6, of this Code. (Amended by 
Ord. 443-74, App. 9/18/74) 



[The next page is 645] 



ARTICLE 8: [RESERVED] 



645 



San Francisco - Public Works Code 646 



[The next page is 675] 



ARTICLE 9: UNACCEPTED STREETS 



Sec. 400. Notice to Repair. 

Sec. 400.1. Owners of Frontage Responsible 
for Removal of Rubbish or 
Debris From Unaccepted 
Streets That Are Unpaved. 

Sec. 400.2. Director of Public Works 

Authorized to Notify Owners to 
Remove Rubbish or Debris. 

Sec. 400.3. Notice to Owner. 
Sec. 400.4. Contents of Notice. 

Sec. 400.5. Director of Public Works to 

Remove Rubbish or Debris if 

Owner Fails To Do So. 
Sec. 400.6. Notice of Cost and Claim of 

Lien, and Recording of Lien. 
Sec. 400.7. Recording of Lien. 
Sec. 400.8. Collection by Bureau of 

Delinquent Revenue. 
Sec. 400.9. Release of Lien. 
Sec. 400.10. Revolving Fund. 
Sec. 401. Repair of Temporary Road or 

Street. 
Sec. 405. Application — Investigation — 

Permit. 
Sec. 406. Permission When Granted — 

Procedure. 
Sec. 407. Sewers, When Improvement 

Made by Private Contract. 
Sec. 408. Provisions Not Applicable. 

Sec. 409. Improvement of Public Street 

Crossings. 
Sec. 410. Application, What to 

Accompany — ^Verification. 

Sec. 411. Approval — Time Limitation — 

Certificate of Completion. 

Sec. 412. Failure to Complete Work 

Within Limited Time. 

Sec. 413. Surety Bond or Certified Check 

Required. 



Sec. 


414. 


Liability Not Affected by 
Assignment of Contracts — 
Recordation — Notice. 


Sec. 


415. 


Investigation of Signatures. 


Sec. 


416. 


Improvement by Individual 
Owner. 


Sec. 


417. 


Existing Contracts Confirmed 


Sec. 


422. 


Undedicated Streets — Sale of 
Lots Prohibited. 


Sec. 


423. 


Objection to Similar Names. 


Sec. 


424. 


Penalty. 



SEC. 400. NOTICE TO REPAIR. 

(a) When, in the judgment of the Director of 
the Department of Public Works, any portion of 
the improved, but unaccepted public right-of- 
way that is under the jurisdiction and control of 
the Department of Public Works, including, but 
not limited to, a street, avenue, lane, alley, court 
or place, or any portion of any sidewalk thereof, 
shall be so out of repair or in such condition as to 
endanger persons or property passing thereon, 
or so as to interfere with the public convenience 
in the use thereof, the Director is authorized to 
notify in writing the owner or owners of any lot 
fronting on said portion of said affected public 
right-of-way that such owner is required to re- 
pair, reconstruct, or improve forthwith the af- 
fected pubHc right-of-way, to the centerhne thereof, 
in such manner and time period as the Director 
deems expedient and appropriate. 

(b) If the responsible property owner(s) no- 
tified pursuant to Subsection (a) is inaccessible 
or fails, neglects, or refuses to diligently pros- 
ecute to completion the remedial work in the 
manner and time period specified by the Direc- 
tor, then the Director may undertake all neces- 
sary actions to remedy the condition. All costs 
expended by the Director shall be an obligation 
of the responsible property owner(s) owing to the 
City and County of San Francisco. Such costs 
shall include, but are not limited to, those costs 



675 



Sec. 400. 



San Francisco - Public Works Code 



676 



associated with the administration, construc- 
tion, consultants, equipment, inspection, notifi- 
cation, remediation, repair, restoration, or any 
other actual costs incurred by the Director or 
other agencies, boards, commissions, or depart- 
ments of the City and County of San Francisco 
that were made necessary by reason of the 
Director's remediation. 

(c) In order to enforce an obligation imposed 
pursuant to Subsection (b), the Director is autho- 
rized to institute the lien procedures that are set 
forth in this Code, Article 15, Sections 706.4 
through 707.1. (Amended by Ord. 342-98, App. 
11/13/98) 

SEC. 400.1. OWNERS OF FRONTAGE 
RESPONSIBLE FOR REMOVAL OF 
RUBBISH OR DEBRIS FROM 
UNACCEPTED STREETS THAT ARE 
UNPAVED. 

It shall be the duty of the owners of lots or 
portions of lots immediately adjacent to any 
portion of the roadway of any unpaved street, 
avenue, lane, alley, court or place, or any portion 
of any sidewalk thereof, in the City and County 
of San Francisco, none of which has been ac- 
cepted by the Supervisors as by law or as in the 
Charter of said City and County provided, to 
maintain said roadways or sidewalks adjacent to 
their property free and clear of rubbish or debris. 
(Added by Ord. 16-71, App. 1/26/71) 

SEC. 400.2. DIRECTOR OF PUBLIC 
WORKS AUTHORIZED TO NOTIFY 
OWNERS TO REMOVE RUBBISH OR 
DEBRIS. 

When in the judgment of the Director of the 
Department of Public Works of the City and 
County of San Francisco or his authorized rep- 
resentative, any portion of the roadway of any 
unpaved street, avenue, lane, alley, court or 
place, or any portion of any sidewalk thereof, in 
the said City and County, none of which has been 
accepted by the Supervisors as by law or as in 
the Charter of said City and County provided, 
shall contain rubbish or debris in such quantity 
so as to endanger persons or property passing 
thereon, or so as to interfere with the public 



convenience in the use thereof, or which consists, 
in whole or in part, of combustible material, the 
Director is authorized to notify the owner of any 
real property fronting on said portion of said 
unpaved street, avenue, lane, alley, court or 
place, or sidewalk so containing rubbish or de- 
bris as aforesaid, to remove such rubbish or 
debris. (Added by Ord. 16-71, App. 1/26/71) 

SEC. 400.3. NOTICE TO OWNER. 

The notice shall be written and may be given 
by delivery personally or by mailing a notice, 
either by letter or postal card, postage prepaid, 
to his last known address, as the same appears 
on the last assessment rolls of the City and 
County of San Francisco. Immediately after mail- 
ing any such notice, the Director of Public Works 
shall cause a copy thereof, printed or pasted on a 
card of not less than eight inches by 10 inches in 
size, to be posted in a conspicuous place on said 
property (Added by Ord. 16-71, App. 1/26/71) 

SEC. 400.4. CONTENTS OF NOTICE. 

Such notice shall direct the owner to remove 
such rubbish or debris in such manner as the 
said Director of Public Works may determine 
and direct, from said portion of said unpaved 
street, avenue, lane, alley, court or place, to the 
center line thereof, or said portion of said side- 
walk in front of said property, and shall further 
specify that, if the removal of rubbish or debris is 
not commenced within five calendar days after 
notice is given as aforesaid and prosecuted to 
completion diligently and without interruption, 
the Director of Public Works shall remove or 
cause to be removed such rubbish or debris and 
the cost of the same shall be a lien on such 
property (Added by Ord. 16-71, App. 1/26/71) 

SEC. 400.5. DIRECTOR OF PUBLIC 
WORKS TO REMOVE RUBBISH OR 
DEBRIS IF OWNER FAILS TO DO SO. 

If the removal of rubbish or debris is not 
commenced and prosecuted to completion with 
due diligence, as required by said notice, the 
Director of Public Works shall remove or cause to 
be removed the rubbish or debris. The cost of 
such removal shall be an obligation to the City 



677 



Unaccepted Streets 



Sec. 405. 



and County of San Francisco owing by the owner 
of the adjacent property, and the City and County 
shall have a lien on the adjacent property. Both 
such obligation and lien shall be subject to the 
provisions of Sections 400.6, 400.7, 400.8, and 
400.9 of this Article. (Added by Ord. 16-71, App. 
1/26/71) 

SEC. 400.6. NOTICE OF COST AND 
CLAIM OF LIEN, AND RECORDING OF 
LIEN. 

Upon completion of the work of removing the 
rubbish or debris, the Director of Public Works 
shall ascertain the cost thereof, apportioning the 
same if the area from which the rubbish or debris 
is removed is next adjacent to more than one lot 
of land. The owner of such lot of land shall 
thereupon be obligated to the City and County of 
San Francisco in the amount of such cost of 
removal of rubbish or debris and the City and 
County shall thereupon have a lien for such cost 
of removal of rubbish or debris upon any such lot 
of land until payment thereof On ascertaining 
the cost of removal of rubbish or debris as 
aforesaid, the Director of Public Works shall 
cause notice thereof to be mailed in the manner 
herein provided for mailing notice to remove 
rubbish or debris, which notice shall demand 
payment thereof to the Director of Public Works, 
and shall give notice that a lien therefor has 
been recorded. (Added by Ord. 16-71, App. 1/26/ 
71) 

SEC. 400.7. RECORDING OF LIEN. 

Upon ascertaining the cost of removal of 
rubbish or debris as described in Section 400.6 
hereof, the Director of Public Works shall file in 
the office of the Recorder of the City and County 
of San Francisco a verified claim containing a 
particular description of the property subject to 
such lien, the place and general nature of the 
work of removing rubbish or debris for which lien 
is claimed, the dates of mailing or delivery of 
notice to remove rubbish or debris and cost of the 
removal, the name of the owner of the property 
as aforesaid and the amount of the lien claimed. 
(Added by Ord. 16-71, App. 1/26/71) 



SEC. 400.8. COLLECTION BY BUREAU 
OF DELINQUENT REVENUE. 

Ninety days after the mailing of the notice 
described in Section 400.6 hereof, the Director of 
Public Works shall transmit to the Bureau of 
Delinquent Revenue a statement of each unpaid 
cost of removing rubbish or debris. The Bureau 
shall endeavor diligently to collect the same on 
behalf of the City and County by foreclosure of 
the lien therefor or otherwise. Any and all amounts 
paid or collected shall replenish the revolving 
fund hereinafter provided. (Added by Ord. 16- 
71, App. 1/26/71) 

SEC. 400.9. RELEASE OF LIEN. 

On pajrment of any such claim of lien, the 
Director of Public Works shall release such claim 
of lien and file the release in the office of the 
Recorder of the City and County of San Fran- 
cisco. (Added by Ord. 16-71, App. 1/26/71) 

SEC. 400.10. REVOLVING FUND. 

A fund shall be provided to cover initially the 
cost of removal of rubbish or debris as provided 
in Section 400.5 hereof, said fund to be a revolv- 
ing fund and replenished by appropriations and 
by all moneys paid or collected for rubbish or 
debris removal and liens therefor as herein pro- 
vided. (Added by Ord. 16-71, App. 1/26/71) 

SEC. 401. REPAIR OF TEMPORARY 
ROAD OR STREET. 

Notwithstanding any other provision con- 
tained in this Article the Director of Public 
Works shall have power and its shall be his duty 
to repair, out of funds as may be from time to 
time appropriated or set aside for the purpose, 
any temporary road or street which has been 
constructed by this City and County with public 
funds. 

SEC. 405. APPLICATION- 
INVESTIGATION— PERMIT. 

Application for permission to do any street 
work in or upon any unaccepted public street in 
the City and County of San Francisco by private 
contract must be made in writing to the Director 
of Public Works, which application shall contain 



Sec. 405. 



San Francisco - Public Works Code 



678 



a comprehensive description of the work to be 
done. Said Director shall thereupon investigate 
such application, and if after investigation the 
Director determines that the public interest or 
convenience requires the doing of the proposed 
work and that the same is expedient and will not 
be productive of detriment to the public safety or 
convenience, he is hereby authorized to grant 
permission for the doing of the same as applied 
for or as modified by the direction of the City 
Engineer, subject to the conditions and provi- 
sions in this Article hereinafter prescribed and 
provided. 

SEC. 406. PERMISSION WHEN 
GRANTED— PROCEDURE. 

(a) Owners of All Frontage Enter Into 
Contract. No permission for the doing of any 
street work in or upon any unaccepted public 
street in the City and County of San Francisco, 
except in the case of main sewer construction, or 
the improvement of a street crossing or intersec- 
tion as hereinafter provided for, shall be granted 
in pursuance of the provisions of this Article, 
unless the owners of all of the improvable front- 
age on a block of the street whereon or wherein 
such work is proposed to be done, or the autho- 
rized agents of such owners, shall have entered 
into a written contract for the doing thereof, then 
and in such case said Director may grant permis- 
sion for the making of same. 

(b) Prior Proceedings Instituted by Own- 
ers of 60 Percent of Frontage. Provided, how- 
ever, that if the applicant for a permit to do any 
street work in or upon any unaccepted public 
street shall, subsequent to the 28th day of Janu- 
ary, 1935, obtain contracts for the doing of said 
work from the owners, or authorized agents of 
the owners, of 60 percent or more of the frontage 
upon a street, between main intersections, pro- 
posed to be improved, as delineated upon a 
diagram accompanying the application, then the 
Director of Public Works shall, within 30 days 
after receipt of the application, accompanied by 
said contracts, or photostatic copies thereof, in- 
stitute public proceedings, in accordance with 
the provisions of Article 6 of this Chapter, for the 
improvement of the portion or portions, between 



said intersections, of the street proposed to be 
improved, for which applicant filed no contract 
or contracts. 

(c) Procedure for Public Work — Permit 
for Private Work. If the order of the Director of 
Public Works requiring the improvement of the 
portion or portions of the work not included in 
the private contract or contracts, be sustained by 
the Board of Supervisors, then the Director of 
Public Works shall call for bids for the construc- 
tion of the portion or portions ordered done 
under public proceedings, and when the Director 
of Public Works shall award the contract for the 
portion of the work to be done under public 
proceedings, the Director of Public Works shall 
at the same time issue a permit to the contractor 
who has filed the contract or contracts for the 
balance of the work on the particular project. 

(d) Bids May Be Rejected and Proceed- 
ings Dismissed. Whenever in the opinion of the 
Director of Public Works, there are not a suffi- 
cient number of bids to constitute free and sat- 
isfactory competition for the contract under pub- 
lic proceedings, the Director of Public Works 
shall reject all bids and dismiss public proceed- 
ings. 

(e) Underground Service Facilities. Any 

contract herein authorized shall include provi- 
sion for all necessary underground service facili- 
ties. 

SEC. 407. SEWERS, WHEN 
IMPROVEMENT MADE BY PRIVATE 
CONTRACT. 

Where the construction of a main sewer is 
deemed by the Director of Public Works and the 
City Engineer to be necessary in any block pro- 
posed to be improved by private contract, then 
and in such case no work, except grading, involv- 
ing the construction of a pavement on such block, 
shall be permitted to be done until such main 
sewer shall have been constructed with side 
sewers and other appurtenances as in this Sec- 
tion hereinafter provided for and regulated. 

Where a main sewer has already been con- 
structed in a block and side sewers and other 
appurtenances to such main sewer are deemed 



679 



Unaccepted Streets 



Sec. 412. 



necessary by the said Director and City Engi- 
neer, the construction of the same shall be con- 
ditioned for in the private contract in this Article 
referred to. 

In the case of the construction of a main 
sewer in any block, no permission for the con- 
struction of the same by private contract shall be 
granted unless such contract is signed and con- 
ditioned for the construction of such sewer for its 
entire serviceable length between the main street 
crossings, or main street intersections, as may be 
determined by the City Engineer, with side sew- 
ers and other expedient and essential appurte- 
nances as may be required by the City Engineer, 
under such regulations as may be prescribed by 
him, and approved by the Director of Public 
Works. 

SEC. 408. PROVISIONS NOT 
APPLICABLE. 

The provisions of Sections 105 to 113, inclu- 
sive, of Article 4 of this Chapter regulating the 
construction, reconstruction or repair of private 
side sewers or drains and the connection thereof 
with main public sewers, shall not be deemed 
applicable to the construction of side sewers by 
private contract under and pursuant to the pro- 
visions of this Article. 

SEC. 409. IMPROVEMENT OF PUBLIC 
STREET CROSSINGS. 

Permission for the improvement of a public 
street crossing or intersection shall not be granted 
unless the owners of at least a majority of the 
frontage of the lots and lands liable for the cost 
thereof, or the authorized agents of such owners, 
shall have entered into contract therefor, such 
frontage being determinable according to method 
provided in the Improvement Act of 1911 of the 
State of California as said act provides on the 
28th day of January, 1935, for determining the 
frontage Uable for the improvement of street 
crossings or intersections. 

SEC. 410. APPLICATION, WHAT TO 
ACCOMPANY— VERIFICATION. 

Two original contracts, or two photostatic 
copies of the original contract, for the doing of 



any proposed street work pursuant to the provi- 
sions of this Article shall accompany the appli- 
cation for permission to do the proposed work 
together with a diagram showing thereon the 
lots and lands signed for by the respective own- 
ers thereof, or by their agents, as indicated in 
such contract and the respective frontages so 
signed for; and to such contracts accompanying 
such application there shall be attached affida- 
vits sworn to before a notary public that the 
signatures of said owners or their agents respec- 
tively appearing in such contracts, are genuine, 
and were to the actual knowledge of affiant 
subscribed by said owners or said agents, respec- 
tively, and that the frontage set opposite the said 
signatures, severally, is correct according to 
affiant's best information and belief. 

SEC. 411. APPROVALn-TIME 
LIMITATION— CERTIFICATE OF 
COMPLETION. 

The work proposed to be done under such 
private contract must be of a class or type 
approved and recommended by the City Engi- 
neer. Such work must be done under the direc- 
tion and to the satisfaction of the Director of 
Public Works and the materials to be used therein 
must be in accordance with specifications adopted 
by the Director of Public Works for similar work, 
and be to the satisfaction of the Director of 
Public Works. 

The Director of Public Works shall fix the 
time within which the work shall be completed 
which time shall begin to run from the date of 
the order of said Director granting the permis- 
sion for the doing of the same. 

When the work shall have been completed to 
the satisfaction of the City Engineer and the 
Director of Public Works, the said Director shall 
so declare by order, and thereupon deliver to the 
contractor a certificate to that effect. 

SEC. 412. FAILURE TO COMPLETE 
WORK WITHIN LIMITED TIME. 

In case the work to be done by private con- 
tract, as hereinbefore provided for, shall not have 
been completed within the time limited in the 
order of permission or within such extended time 



Sec. 412. 



San Francisco - Public Works Code 



680 



as may be granted by the Director of Public 
Works, then said Director shall by order revoke 
the permission theretofore granted for doing 
such work. 

SEC. 413. SURETY BOND OR 
CERTIFIED CHECK REQUIRED. 

No permission for doing any street work by 
private contract under and pursuant to the pro- 
visions of this Article shall become effective until 
the contractor covenanting to perform the same 
shall have executed to the City and County of 
San Francisco, and delivered to the Secretary of 
the Department of Public Works a bond in such 
amount as may have been fixed in the order of 
the said Director, granting such permission, with 
some surety company authorized to do business 
in the State of California as surety thereon, 
conditioned for the faithful performance of the 
contract, or shall have deposited with the said 
Secretary a certified check upon some solvent 
bank for the said amount as a guaranty for such 
performance. Before entering upon the perfor- 
mance of any work in this Article provided for, 
the contractor covenanting to do such work shall 
also file with the Director of Public Works a 
bond, with some surety company authorized to 
do business in the State of California, as surety 
thereon, to be satisfactory in all respects to said 
Director, in a sum not less than V2 of the total 
amount payable by the terms of the contract, 
conditioned for the payment of all materialmen 
and employees under the contract. In lieu of such 
bonds or certified check, any contractor may 
deliver to said Secretary a bond in the sum of 
$25,000, with some surety company authorized 
to do business in the State of California, as 
surety thereon, conditioned for faithful perfor- 
mance of any and all private contracts autho- 
rized to be performed by him in pursuance of the 
provisions of this Article, and for the pajmient of 
all materialmen and employees under such con- 
tracts. Such last-mentioned bond must be satis- 
factory in all respects to said Director and shall 
be renewed annually. 

SEC. 414. LIABILITY NOT AFFECTED 
BY ASSIGNMENT OF CONTRACTS— 
RECORDATION— NOTICE. 

No assignment or transfer of a contract au- 
thorized or provided for in this Article, or of any 



rights thereunder, shall operate to relieve the 
surety or sureties on any bond executed in con- 
nection with such contract, as herein provided 
for, from the obligations or liabilities assumed in 
and by such bond, nor change or in any manner 
or degree qualify such obligations or liabilities. 
All such assignments or transfers of contracts 
must be recorded in the County Recorder's office 
and due notice thereof given to the Director of 
Public Works. 

SEC. 415. INVESTIGATION OF 
SIGNATURES. 

The Director of Public Works may institute 
such inquiry as he deems proper for the purpose 
of determining the authenticity of the signatures 
appearing on a private contract, or the authority 
of the parties thereto to sign same, 

SEC. 416. IMPROVEMENT BY 
INDIVIDUAL OWNER. 

Nothing in this Article shall be construed as 
prohibiting the Director of Public Works from 
granting permission to an individual owner or 
his duly authorized agent to improve a public 
street in front of his property, if in the judgment 
of the City Engineer and said Director such 
improvement be deemed advisable and expedi- 
ent, and the public interest or convenience re- 
quires the same. It shall be unlawful for any 
person, firm or corporation to commence or pro- 
ceed with the construction of street improvement 
works within the City and County of San Fran- 
cisco, unless a permit therefor shall have been 
first obtained from the Department of Public 
Works, unless the Director of Public Works de- 
cides that no permit is needed. 

Before the issuance of such permit the appli- 
cant therefor shall be required to pay to the said 
Department, as a processing fee, the sum of $160 
for each permit. (Amended by Ord. 401-87, App. 
9/26/87) 

SEC. 417. EXISTING CONTRACTS 
CONFIRMED. 

The provisions of this Article shall not be 
deemed in any way to affect any of the matters 
provided for in Article 6 of this Chapter for the 



681 Unaccepted Streets Sec. 424. 



improvement of streets by public contract and 
assessment of the cost thereof against private 
property. 

This Article, however, shall not in any man- 
ner be held to affect any private contract hereto- 
fore in force and effect in pursuance of the 
provisions of Ordinance No. 7169 (New Series) 
and ordinance amendatory thereof, which provi- 
sions shall be deemed applicable until the comple- 
tion of every such contract. 

SEC. 422. UNDEDICATED STREETS- 
SALE OF LOTS PROHIBITED. 

No person, firm or corporation shall sell or 
offer for sale any lot or lots facing on a street or 
streets not heretofore opened and dedicated to 
public use, unless the name or names of such 
streets have been previously submitted to the 
Department of Public Works and such depart- 
ment has approved such name or names. 

SEC. 423. OBJECTION TO SIMILAR 

NAMES. 

It shall be the duty of the Department of 
Public Works to object to the name of any pro- 
posed street similar to one already dedicated, 
unless the new street can be an extension of the 
latter, and also to object to any name that may be 
so similar as to lead to confusion. In neither case 
the person, firm or corporation that submitted 
the name or names which were objected to shall 
submit other names not open to the same objec- 
tion, and shall not sell or offer for sale any lot or 
lots on such proposed streets until the names 
thereof have been approved by the Department 
of Public Works. 

SEC. 424. PENALTY. 

Any person, firm or corporation violating any 
provisions of Sections 422 and 423 of this Article 
shall be punished by a fine of not more than $100 
or by imprisonment in the County Jail not ex- 
ceeding 30 days, or by both such fine and impris- 
onment. 



San Francisco - Public Works Code 682 



[The next page is 715] 



ARTICLE 10: [RESERVED] 



715 



San Francisco - Public Works Code 716 



[The next page is 745] 



ARTICLE 11: SPUR TRACKS 



Sec. 555. Spur Tracks — Conditions For 

Maintenance Of. 
Sec. 556. Permit Required. 

Sec. 557. Type of Rail. 

Sec. 558. Tracks Must Conform to Grade 

of Street. 
Sec. 559. Paving Between Tracks — Type 

of Pavement. 
Sec. 560. Repair of Tracks And Pavement. 

Sec. 561. No Exclusive Rights to be 

Gr£inted. 
Sec. 562. Joint Use of Tracks. 

Sec. 563. Provisions Applicable to Tracks 

on Public Streets. 
Sec. 565. Deliveries For Connecting 

Carriers — Charges. 
Sec. 566. Runways Crossing Sidewalks — 

Regulation. 
Sec. 566.1. Unloading From Car to Vehicle. 
Sec. 567. Time For Loading and 

Unloading Cars — Penalty. 
Sec. 568. Cars Not to Block Crosswalks or 

Driveways. 
Sec. 568.1. Reflectors on Cars. 
Sec. 569. Cars Standing on a Grade to be 

Blocked. 
Sec. 570. Forfeiture of Permit — When. 

Sec. 571. Tracks Located in Sidewalk 

Area of Street. 

SEC. 555. SPUR TRACKS— CONDITIONS 

FOR MAINTENANCE OF. 

No person, firm or corporation shall hereaf- 
ter construct, maintain or use any spur or part of 
any spur track on any public street within the 
City and County of San Francisco, except in 
strict accordance with the terms and conditions 
specified in this Article. 

SEC. 556. PERMIT REQUIRED. 

It shall be unlawful to use, construct or 
maintain any spur track on any public street 



unless a permit for the same shall have been 
granted pursuant to Section 114 of the Charter, 
and any person or persons individually or acting 
for or representing any firm or corporation who 
shall construct or maintain such spur track 
without the authority of such permit shall be 
deemed guilty of a misdemeanor. 

All permits for the construction, use and 
maintenance of a spur track shall be temporary 
and revocable at the pleasure of the department 
granting the same. 

An original and two copies of the application 
with drawing showing the proposed location, 
grades, alignment of spur track, the tj^De of 
pavement to be used and existing obstructions 
shall be furnished. 

SEC. 557. TYPE OF RAIL. 

The rail used in construction of all spur 
tracks constructed on all paved streets subse- 
quent to the passage of this Article shall be 
T-Rail with inner guard rail as approved by the 
Department of Public Works or Girder Rail of a 
standard style. If any spur track now in exist- 
ence in said City and County shall be recon- 
structed, in whole or in part, on any paved street, 
the T-Rail with inner guard rail or standard 
girder rail as above designated, shall be used in 
such case. 

SEC. 558. TRACKS MUST CONFORM TO 
GRADE OF STREET. 

All spur tracks hereafler constructed shall be 
laid to conform to the actual surface grade of the 
roadway, so as to cause the least obstruction to 
traffic. In case said roadway is above or below 
the official grade, and should be subsequently 
paved or repaved on the official grade, all such 
tracks and their adjacent pavements shall be 
changed to conform to the official grade by par- 
ties or party laying or using the same, and 
without expense to the City. 



745 



Sec. 559. 



San Francisco - Public Works Code 



746 



SEC. 559. PAVmG BETWEEN TRACKS- 
TYPE OF PAVEMENT. 

Every holder of a permit to operate, maintain 
or use any spur tracks over and along any street 
or sidewalk in this City and County is hereby 
required whenever notified by the Department of 
Public Works, by written notice, to pave the area 
between the rails and for two feet outside thereof 
and between such tracks, if there be more than 
one, as may be located 15 feet or less apart center 
line to center line for the entire length of the 
street used by the track or tracks, except where 
said tracks are in separate ownership, in which 
case the cost of said paving shall be equally 
divided. The type of pavement used shall be as 
specified by the Department of Public Works. In 
case the roadway of a street should be repaved 
with another type of pavement than that for- 
merly used, the portion of the roadway occupied 
by the railroad track or tracks shall be changed 
on order of the Department of Public Works. 

SEC. 560. REPAIR OF TRACKS AND 
PAVEMENT. 

Every person, firm or corporation operating, 
maintaining or using any spur tracks, shall 
maintain them and their adjacent pavements 
between the rails and for two feet each side 
thereof and between such tracks, if there be 
more than one, as may be located 15 feet or less 
apart center line to center line as hereinafter 
provided, in good repair, flush with the surface of 
the pavement of existing roadway, so that said 
tracks will be no obstruction to vehicles, and to 
the satisfaction of the Department of Public 
Works, except where said tracks are in separate 
ownership, in which case the cost of mainte- 
nance shall be equally divided. In case said spur 
tracks or their adjacent pavements become out of 
repair, the person, firm or corporation, or per- 
sons, firms or corporations operating, maintain- 
ing or using said tracks, shall repair the same to 
the satisfaction of the Department of Public 
Works, within 30 days after service of notice to 
do so by the Department of Public Works. All 
permits for lajdng spur tracks shall contain the 
condition specified in this Section. 



SEC. 561. NO EXCLUSIVE RIGHTS TO 
BE GRANTED. 

No permit for spur track on £iny public street 
or property shall be granted in such manner as 
to permit the owner or holder thereof to acquire 
any exclusive rights to any portion of said spur 
track on such public street. 

SEC. 562. JOINT USE OF TRACKS. 

No permit shall hereafter be granted for spur 
tracks on any public street in the City and 
County of San Francisco except upon condition 
that all persons, firms or corporations owning or 
using property fronting thereon, or owning or 
using other tracks connecting therewith, shall 
have the right to use said tracks upon pajdng a 
proportionate share of the cost of the construc- 
tion, maintenance and repair of said tracks and 
their adjacent pavements, unless upon other 
terms mutually agreed upon with the person, 
firm or corporation to whom the permit is granted, 
it being understood that cars loaded with perish- 
able products shall have the right-of-way if nec- 
essary. 

SEC. 563. PROVISIONS APPLICABLE 
TO TRACKS ON PUBLIC STREETS. 

The provisions of this Article shall be appli- 
cable to all spur tracks constructed, maintained 
or operated upon public streets. 

SEC. 565. DELIVERIES FOR 
CONNECTING CARRIERS— CHARGES. 

The railway operating any spur track on any 
public street or property hereafter constructed in 
the City and County shall, upon demand of the 
person, firm or corporation for the use or benefit 
of which such spur track is operated, place upon 
such spur track the freight cars of any railway 
which has, in this City and County, track con- 
nection with the operating railway; such cars so 
placed to be used for the receipt and delivery of 
freight in carloads only. And the operating rail- 
way shall receive and deliver the cars of the 
connecting railway over, at and upon such con- 
necting track in the performance of such switch- 
ing services for such persons, firms or corpora- 
tions and such railway shall perform such service 



747 



Spur Tracks 



Sec. 570. 



without undue delay or discrimination. The op- 
erating railway shall perform such service for 
the same charge or rate that it charges for 
corresponding service for its own cars upon the 
spur track for like purpose. The provisions of this 
Section shall apply only to such portions of such 
spur tracks as are not constructed, maintained 
or operated upon or across private land, and no 
permit for a spur track shall hereafter be granted 
which does not specifically contain the provi- 
sions and conditions of this Section. Any provi- 
sions of this Section in conflict with state and 
federal laws shall not apply. 

SEC. 566. RUNWAYS CROSSING 
SIDEWALKS— REGULATION. 

No runway or platform or mechanical device 
shall be extended from any car on a spur track to 
or across any sidewalk, except during the time 
such runway or platform or mechanical device is 
being prepared for use or is actually being used 
for the loading or unloading of freight from said 
car or being dismantled. 

SEC. 566.1. UNLOADING FROM CAR TO 
VEHICLE. 

Freight shall not be unloaded from any car on 
a spur track to any truck or other vehicle in the 
public streets unless authorized by general or 
special order of the Director of Public Works with 
approval of San Francisco Police Department. 

SEC. 567. TIME FOR LOADING AND 
UNLOADING CARS— PENALTY. 

All cars standing on spur tracks on any 
public street shall be unloaded and/or loaded 
within 72 hours after being delivered on said 
tracks, Sundays and holidays excepted, except in 
case of unavoidable delay. The failure of any 
person, firm or corporation to unload and/or load 
said car within said time shall subject such 
person, firm or corporation to a fine of $10 which 
fine shall be paid into the City Treasury, and the 
permit of such person, firm or corporation to use 
such tracks shall be suspended until said fine is 
paid. 



SEC. 568. CARS NOT TO BLOCK 
CROSSWALKS OR DRIVEWAYS. 

No car shall be allowed to stand on any spur 
track for any time whatever so as to obstruct any 
crosswalk. No driveway shall be blocked except 
by permission of the owner of the property af- 
fected. 

SEC. 568.1. REFLECTORS ON CARS. 

No freight car shall be allowed to stand on 
any spur track during the hours of darkness in 
any part of any public street, either singly or at 
the end of a number of connected cars, facing any 
oncoming traffic which may use or approach 
such street, unless at all such times such car is 
equipped with one or more red reflectors on the 
end thereof facing such traffic or suitable illumi- 
nating devices are so placed in the vicinity that 
they will delineate the extent of the obstruction. 

SEC. 569. CARS STANDING ON A 
GRADE TO BE BLOCKED. 

All cars while standing on spur tracks con- 
structed on a grade shall have their wheels 
blocked in such a manner that such cars will not 
descend the grade. When cars are moved for 
loading or unloading such precautions shall be 
taken as may be necessary to keep the movement 
under control at all times. 

SEC. 570. FORFEITURE OF PERMIT- 
WHEN. 

Upon failure on the part of the holder of a 
spur track permit to comply with any provision 
of this Article, written notice of such failure shall 
be given to the permittee by personal delivery or 
by registered mail to his last known address. 
Within 10 days after the posting date or personal 
delivery date of this notice, the permittee may 
request and obtain a hearing before the Director 
of Public Works regarding the compliance fail- 
ure. If, at the hearing, it is found that failure to 
comply with the provisions of this Article by the 
permittee is a fact, or, if no hearing has been 
requested within the time limit set herein, the 
permit shall be forfeited forthwith, and the spur 
tracks shall be removed and pavement restored 
by the permittee within 90 days after forfeiture. 



Sec. 571. San Francisco - Public Works Code 748 

SEC. 571. TRACKS LOCATED IN 
SIDEWALK AREA OF STREET. 

Whenever spur tracks are to be located in the 
sidewalk area of any street or in any sidewalk 
area which is to be abolished for the purpose of so 
locating said spur tracks, the application for the 
spur track permit shall contain the following 
agreement: 

"I, hereby warrant, 

promise, covenant, and agree to assume the 
defense of, indemnify, save and keep harmless 
the City and County of San Francisco, the Direc- 
tor of Public Works and their officers and em- 
ployees, from any and all claims, losses, dam- 
ages, injuries and liabilities of every kind, nature 
and description, regardless of responsibility for 
negligence, whether involving injury to person or 
property, both real and personal, and whether 
directly or indirectly arising from the creation, 
construction, location, condition and mainte- 
nance of the spur tracks to be authorized under 
the permit herein applied for or by virtue of any 
abolition of sidewalk area herein contemplated, 
and whether for impairment of the rights of 
abutting owners of ingress, egress, and accessi- 
bility, or otherwise." 



[The next page is 787] 



ARTICLE 12: [RESERVED] 



787 



San Francisco - Public Works Code 788 



• 



[The next page is 809] 



ARTICLE 13: ENGINEERING INSPECTION 



Sec. 635. Duty of Director to Cause 

Engineering Inspection. 
Sec. 636. Improvement Without 

Inspection Prohibited. 
Sec. 637. Request For Inspection — Cost. 

Sec. 638. Duty of Director to Estimate 

Cost. 
Sec. 639. Deposit of Monthly Cost In 

Advance. 
Sec. 640. Money Deposited to Defray 

Specific Inspection. 
Sec. 641. Inspection to be Furnished 

When Cost Deposited. 
Sec. 642. Additional Deposit May Be 

Required. 
Sec. 643. Excess Deposit to be Credited. 

Sec. 644. Forms and Fiscal Procedure to 

be Prescribed by Controller. 

SEC. 635. DUTY OF DIRECTOR TO 
CAUSE ENGINEERING INSPECTION. 

It shall be the duty of the Director of Public 
Works to cause engineering inspection to be 
made of: 

(a) All work and improvements performed 
under the provisions of Article 6 and Article 9 of 
this Chapter; 

(b) All garbage disposal pursuant to the 
provisions of Section 318 of Article 6, Chapter V, 
of the Municipal Code; 

(c) All reclamation work within the City 
and County of San Francisco. 

SEC. 636. IMPROVEMENT WITHOUT 
INSPECTION PROHIBITED. 

It shall be unlawful for any person, firm or 
corporation to make, or cause or permit to be 
made, any improvement or work as referred to in 
Section 635 of this Article without first securing 
engineering inspection service from the Director 
of Public Works. 



SEC. 637. REQUEST FOR 
INSPECTION— COST. 

Whenever any person, firm or corporation 
desires and intends to do any work to make any 
improvement as described in Section 635 of this 
Article, such person, firm or corporation before 
performing any such contemplated work, shall in 
writing request the Director of Public Works to 
make engineering inspection. The cost of such 
engineering inspection shall constitute a charge 
against and be paid for monthly in advance by 
the person, firm or corporation performing said 
work or making such improvements in the man- 
ner hereinafter provided. 

SEC. 638. DUTY OF DIRECTOR TO 
ESTIMATE COST. 

Upon such written request being received it 
shall be the duty of said Director of Public Works 
to make an estimate of the cost of such engineer- 
ing inspection, and notify the person making the 
request the estimated monthly cost thereof. 

SEC. 639. DEPOSIT OF MONTHLY COST 
IN ADVANCE. 

Such person, firm or corporation must there- 
upon, and prior to the commencement or continu- 
ation of any work or performance as described in 
Section 635 of this Article, deposit monthly in 
advance the amount of money determined upon 
as the estimated monthly cost of such inspection 
with the Director of Public Works. 

SEC. 640. MONEY DEPOSITED TO 
DEFRAY SPECIFIC INSPECTION. 

All moneys paid to the Director of Public 
Works under the provisions of this Article shall 
be deposited with the Treasurer to the credit of 
the appropriation for "Engineering Inspection," 
to be used exclusively to defray the cost of the 
specific engineering inspection for which it was 
tendered. 



809 



Sec. 641. San Francisco - Public Works Code 810 

SEC. 641. INSPECTION TO BE 
FURNISHED WHEN COST DEPOSITED. 

When said amount of money is deposited, it 
shall thereupon be the duty of said Director of 
Public Works to furnish said engineering inspec- 
tion. 

SEC. 642. ADDITIONAL DEPOSIT MAY 
BE REQUIRED. 

Should the monthly cost and expense of such 
engineering inspection amount to more than 
said estimate, the person, firm, or corporation 
concerned shall thereupon be immediately noti- 
fied and required to make an additional deposit 
with the Director of Public Works of an amount 
sufficient to complete the monthly cost of said 
inspection as estimated by the Director of Public 
Works, which sum when paid shall be deposited 
as aforesaid, and no further engineering inspec- 
tion service shall be performed or furnished until 
such additional deposit is made with the Direc- 
tor of Public Works. 

SEC. 643. EXCESS DEPOSIT TO BE 
CREDITED. 

Should the monthly cost and expense of such 
engineering inspection be less than the amount 
deposited then the surplus or excess existing in 
the amount deposited over the total actual cost of 
such engineering inspection shall be credited on 
account of such continued inspection as may be 
required or when the work has been completed 
be refunded to the person, firm or corporation by 
whom such funds were originally deposited. 

SEC. 644. FORMS AND FISCAL 
PROCEDURE TO BE PRESCRIBED BY 
CONTROLLER. 

The Controller shall prescribe the forms and 
fiscal procedure under the provisions of this 
Article. 



[The next page is 841] 



ARTICLE 14: UNDERGROUND PIPES, WIRES AND CONDUITS 



Sec. 670. Privilege Granted For Laying 

Pipes. 
Sec. 671. Privileges Subject to All Rules 

of Department. 
Sec. 674. Street Lighting — Bids Required. 

Sec. 675. Privilege Limited to 

Underground Work. 
Sec. 676. No Value Attached to Privilege. 

Sec. 677. Privilege Not Transferable. 

Sec. 678. Right of Amendment or 

Repeal — Protection of Rights. 

Sec. 679. Consent Required of Privilege 

Holders. 
Sec. 680. Failure to Comply With 

Terms-Forfeiture. 

SEC. 670. PRIVILEGE GRANTED FOR 
LAYING PIPES. 

The privilege is hereby granted to any per- 
son, firm or corporation, organized under the 
laws of the State of California, to lay down, 
maintain and operate in the public streets and 
thoroughfares of the City and County of San 
Francisco, pipes, wires and conduits, and connec- 
tions therewith, so far as may be necessary for 
introducing into and supplying said city and its 
inhabitants with gas and electricity for lighting, 
heating and power purposes, upon the terms and 
conditions set forth in Section 671 to 680, inclu- 
sive, of this Article. 

SEC. 671. PRIVILEGES SUBJECT TO 
ALL RULES OF DEPARTMENT. 

The privileges hereby granted are subject to 
the provisions of all ordinances of the Board of 
Supervisors of said City and County and all 
regulations of the Department of Public Works 
relating to the opening of streets, and the grant- 
ees hereunder in accepting said privileges ex- 
pressly consent to regulation by such ordinances 
and rules now in effect or which may hereafter 
be adopted. 



SEC. 674. STREET LIGHTINO-BIDS 
REQUIRED. 

Whenever the Board of Supervisors shall 
advertise for bids for street lighting or for other 
service to the municipal government within the 
purview of this Article, all persons, firms or 
corporations exercising privileges granted here- 
under within 300 feet of the location for which 
such service is sought shall submit bids for 
furnishing such service. 

SEC. 675. PRIVILEGE LIMITED TO 
UNDERGROUND WORK. 

The privileges herein conferred are limited to 
the laying of underground pipes, wires, conduits 
and service connections, and nothing herein con- 
tained shall be construed as conferring upon the 
grantee the right to erect poles or wires or in any 
way maintain overhead construction. All pipes or 
conduits shall be laid in accordance with the 
rules and regulations of the Department of Pub- 
lic Works now in effect or which may hereafter be 
adopted. 

SEC. 676. NO VALUE ATTACHED TO 
PRIVILEGE. 

In the event that the City and County of San 
Francisco shall elect at any time to take over and 
operate as a public utility the business of sup- 
plying gas or electricity for heating, lighting, 
power and other purposes to its inhabitants, and 
should acquire by condemnation proceedings, or 
otherwise, the plant and distributing system of 
any grantee hereunder, no value whatever shall 
be attached, in said proceedings, to the rights 
and privileges conferred by this Article, nor shall 
any value be attached thereto at any time for 
rate fixing purposes. 

SEC. 677. PRIVILEGE NOT 
TRANSFERABLE. 

The rights and privileges granted by this 
Article shall not be transferred except by and 
with the consent of the Board of Supervisors. 



841 



Sec. 678. San Francisco - Public Works Code 842 

SEC. 678. RIGHT OF AMENDMENT OR 
REPEALr-PROTECTION OF RIGHTS. 

The Board of Supervisors expressly reserves 
the right to amend or repeal this Article, pro- 
vided that rights which may have vested here- 
under prior to said repeal or amendment through 
the actual installation of pipes, wires and con- 
duits shall not be affected by such repeal or 
amendment. Provided, further, however, that the 
Board of Supervisors may, by general ordinance, 
compel the removal of all pipes and conduits 
used for any of the purposes herein set forth, 
from the roadways of the streets, and their 
replacement beneath sidewalk areas. 

SEC. 679. CONSENT REQUIRED OF 
PRIVILEGE HOLDERS. 

Any person, firm or corporation electing to 
exercise the privileges herein granted, shall, 
prior to said exercise, file with the Clerk of the 
Board of Supervisors a written notification that 
they have accepted the terms of this Article and 
elect to proceed hereunder. 

SEC. 680. FAILURE TO COMPLY WITH 
TERMS— FORFEITURE. 

If any person, firm or corporation exercising 
the privilege or privileges granted by this Article 
shall fail to fully and faithfully carry out all and 
any terms or conditions herein imposed upon the 
exercise of such grant, all such privileges shall 
thereupon, as to such person, firm or corpora- 
tion, be terminated and forfeited and the Board 
of Supervisors may, by resolution, direct the 
removal of any or all works of such person, firm 
or corporation installed under authority of this 
Article. 



[The next page is 871] 



ARTICLE 15: MISCELLANEOUS 



Sec. 


701. 


Street Signs — Indication of 
Street Name Change. 


Sec. 


703. 


Concrete Sidewalks. 


Sec. 


703.1. 


Brick, Quarry-Tile or Exposed 
Concrete Aggregate Sidewalk 
Surfaces. 


Sec. 


703.2. 


Replacement, Repair and 
Maintenance of Existing 
Sidewalk Surfaces With Same 
Kind of Materials, Etc. 


Sec. 


704. 


Asphalt Sidewalks. 


Sec. 


705. 


Wooden Sidewalks or Stairways. 


Sec. 


706. 


Owners of Frontage Responsible 
For Repair — Liability for Unsafe 
Conditions. 


Sec. 


706.1. 


Notice to Owner. 


Sec. 


706.2. 


Contents of Notice. 


Sec. 


706.3. 


Director of Public Works to 
Repair if Owner Fails To Do So. 


Sec. 


706.4. 


Notice of Cost and Claim of 
Lien. 


Sec. 


706.5. 


Recording of Lien. 


Sec. 


706.6. 


Collection by Bureau of 
Delinquent Revenue. 


Sec. 


706.7. 


Release of Lien. 


Sec. 


706.8. 


Revolving Fund. 


Sec. 


707. 


Award of Contract For 
Construction, Repair and 
Replacement of Sidewalks, Etc. 


Sec. 


707.1. 


Alternate Method of 
Enforcement and Collection of 
Lien. 


Sec. 


708. 


Sidewalk Improvement — Permit 
Required. 


Sec. 


708.1. 


Sidewalk Improvement 
Unlawful Without Permit. 


Sec. 


708.2. 


Permit For Construction, 
Repair, or Replacement of 
Sidewalks — Inspection Fee. 



Sec. 


709. 


Emergency Orders; Accepted 
and Unaccepted Public 
Right-of-Way 


Sec. 


710. 


Excavations — Replacement of 
Sockets. 


Sec. 


715. 


Construction Requirements — 
Automobile Runways. 


Sec. 


716. 


Permit Required — Fee. 


Sec. 


717. 


Permit Only to Owner — 
Restoration. 


Sec. 


718. 


Existing Runways. 


Sec. 


719. 


Runway Reconstruction. 


Sec. 


720. 


Side Sewer, Side Sewer Trap 
and House Sewer Alteration. 


Sec. 


723. 


Obstruction of Streets 
Prohibited. 


Sec. 


723.1. 


Sidewalk Barriers. 


Sec. 


723.2. 


Minor Sidewalk Encroachments. 


Sec. 


724. 


Temporary Occupancy of 
Street — Permits Required. 


Sec. 


724.1. 


Temporary Occupancy of 
Street — Fees to be Paid. 


Sec. 


724.2. 


Temporary Occupancy of 
Street — Permittee to Repair 
Defects. 


Sec. 


724.3. 


Placards and Signs. 


Sec. 


724.4. 


Construction and Demolition 
Sites; Departmental Orders and 
Regulations. 


Sec. 


724.5. 


Exceeding Permissible Use or 
Occupation Without 
Permission — Penalty Fee and 
Criminal Penalty. 


Sec. 


724.6. 


Unpaid Fees and Failure to 
Restore Pavement; Wilful 
Noncompliance. 


Sec. 


724.7. 


Temporary Occupancy of 
Street — ^Additional Permit 
Required. 


Sec. 


724.8. 


Assessment Costs for Additional 
Street Space. 



871 



San Francisco - Public Works Code 



872 



Sec. 724.9. Temporary Occupancy of 

Street — Permittee to Defend 

and Indemnify City and County. 
Sec. 725. Debris Box Defined. 

Sec. 725.1. Authorized Uses. 
Sec. 725.2. Registration or Permit Required 

for Placement. 
Sec. 725.3. Registration or Permit 

Conditions and Inspection Fees. 
Sec. 725.4. Nonliability of San Francisco: 

Save Harmless Clause. 
Sec. 725.5. Placement of Boxes. 
Sec. 725.6. Reflectors and Striping. 
Sec. 725.7. Identification of Owner. 
Sec. 725.8. Covers Required for 

Transporting. 
Sec. 725.9. Penalties. 
Sec. 725.10. Removal of Debris Boxes. 
Sec. 725.11. Rules and Regulations. 
Sec. 725.12. Severability 
Sec. 726. Mobile Storage Containers on 

Public Right-of-Way — Permits 

Required. 
Sec. 726.1. Siting of The Mobile Storage 

Container. 
Sec. 726.2. Individual Location Permit 

Signs to Be Posted on 

Containers. 
Sec. 726.3. Annual Permittee Deposit. 
Sec. 726.5. Insurance Requirements for 

Annual Permit Holder. 
Sec. 726.6. Additional Requirements. 
Sec. 726.7. Orders and Regulations. 
Sec. 726.8. Severabihty 
Sec. 727. Drifting or Blowing of Sand or 

Dirt Declared to be a Public 

Nuisance. 
Sec. 728. Report to Supervisors — 

Resolution Declaring Nuisance. 
Sec. 729. Notice to Plant Cover Crops or 

Take Other Measures to 

Effectively Prevent Sand or Dirt 

Blowing or Drifting From 

Private Property — Posting — 

Mailing — Form — Time. 



Sec. 


730. 


HeEiring — Objection — Decision. 


Sec. 


731. 


Resolution Ordering 
Abatement — Owners May Take 
Necessary Action to Abate. 


Sec. 


732. 


Cost — Report to Supervisors — 
Notice of Hearing. 


Sec. 


733. 


Hearing of Report — 
Objections — Decision — Special 
Assessment. 


Sec. 


734. 


Fund to be Provided. 


Sec. 


735. 


Blighted Vacant Lots as 
Constituting Public Nuisance. 


Sec. 


735.1. 


Violations. 


Sec. 


735.2. 


Request for Hearing; Hearing. 


Sec. 


735.3. 


Abatement by Director. 


Sec. 


735.4. 


Limitation of Liability. 


Sec. 


759. 


Transportation of Sand Over 
Public Streets Prohibited. 


Sec. 


760. 


Permit Required — Revocation. 


Sec. 


771. 


Draining, Etc., Oil, Greases, 
Etc., On Streets. 


Sec. 


776. 


Blasting — Permit Required. 


Sec. 


777. 


Blasting — ^Application For 
Permit. 


Sec. 


778. 


Blasting — Fee to be Paid; 
Insurance to be Carried. 


Sec. 


779. 


Blasting — Use of Explosives. 


Sec. 


780. 


Blasting — Money Deposited to 
Defray Inspection Costs. 


Sec. 


783. 


Property Below Grade — 
Barriers Required. 


Sec. 


784. 


Lights and Barriers in Streets 
When Required. 


Sec. 


786. 


Street Encroachment Permit. 


Sec. 


786.1. 


Content of Applications. 


Sec. 


786.2. 


Reports. 


Sec. 


786.3. 


Schedule of Hearings. 


Sec. 


786.4. 


Notice of Hearing. 


Sec. 


786.5. 


Conduct of Hearings. 


Sec. 


786.6. 


Recommendation. 


Sec. 


786.7. 


Public Right-of-Way Occupancy 
Assessment Fee for Street 
Encroachments . 


Sec. 


787. 


Street Vacations. 




873 



Miscellaneous 



Sec. 703.1. 



Sec. 788. Fees. 

Sec. 789. Title. 

Sec. 789.1. Purpose and Intent. 

Sec. 789.2. Commemorative Street Plaque 

Placement Procedures. 
Sec. 789.3. Schedule, Notice and Conduct of 

Hearing. 
Sec. 789.4. Designation by Board of 

Supervisors. 
Sec. 789.5. Siting and Design Guidelines. 
Sec. 789.6. Official and Commemorative 

Maps. 
Sec. 789.7. Fees. 
Sec. 790. Slip Resistant Manhole, Vault, 

and Sub-Sidewalk Basement 

Covers, Grilles, Grates, or Other 

Lids on the Public Sidewalk. 

SEC. 701. STREET SIGNS— INDICATION 
OF STREET NAME CHANGE. 

Whenever the Board of Supervisors, by reso- 
lution, changes the name of a street, the Depart- 
ment of Public Works shall erect street signs 
indicating both the new and the former names of 
the street. The new street name shall be in large 
letters and the former name in smaller letters 
beneath it. Unless the resolution changing the 
name of a street specifies that the double street 
name shall be permanent, the street signs indi- 
cating both street names shall remain posted for 
five years and then be replaced with signs indi- 
cating only the new street name. (Added by Ord. 
312-88, App. 7/8/88) 

SEC. 703. CONCRETE SIDEWALKS. 

Except where special permits are issued as 
specified in Section 703.1, 704, and 705, side- 
walk supported on the ground in any public 
street or other public way as defined in Section 
185 of this Code, shall be of concrete. The con- 
crete sidewalk shall be at least 3V2" inches thick 
with a non-skid cement mortar finishing coat at 
least V2 inch thick, except that the finishing coat 
on terrazzo sidewalks shall be at least Vs of one 
inch thick and shall contain an abrasive aggre- 
gate mixed into the finish coat for its entire 
thickness in the proportion by weight of two 



parts of abrasive aggregate to three parts of 
other aggregate. All sidewalks shall be placed in 
accordance with specifications and rules which 
the Director of Public Works is hereby autho- 
rized to prepare in conformity herewith and as 
required for public convenience and safety, such 
specifications and rules to apply to the quality 
and proportions of the required materials, the 
method of construction, and the type of finish. 
The finished surface of the sidewalk shall rise Vs 
inch per foot from curb grade to the property line 
unless a deviation therefrom is approved by 
order of the Director of Public Works. 

Sidewalk topping and wearing surface, when 
poured monolithic with the slab, may be in- 
cluded as a structural part of the slab, but the 
overall thickness shall not be less than 3V2" 
inches. 

Sidewalks when unsupported by ground or 
constructed over excavated areas shall be con- 
structed in accordance with Section 4301 of Ar- 
ticle 43 of the Building Code of the City and 
County of San Francisco. (Amended by Ord. 
137-66, App. 6/14/66) 

SEC. 703.1. BRICK, QUARRY-TILE OR 
EXPOSED CONCRETE AGGREGATE 
SIDEWALK SURFACES. 

The Director of Public Works is hereby au- 
thorized to grant revocable permits to owners of 
fronting property or their duly authorized agents 
to construct sidewalk surfaces of brick, quarry- 
tile, or exposed concrete aggregate. 

All sidewalks shall be placed in accordance 
with specifications and rules which the Director 
of Public Works is hereby authorized to prepare 
in conformity herewith and as required for pub- 
lic convenience and safety, such specifications 
and rules to apply to the quality and proportions 
of the required materials, the method of construc- 
tion, and the type of finish. The finished surface 
of the sidewalk shall rise Vs inch per foot from 
curb grade to the property line unless a deviation 
therefrom is approved by order of this special 
permit. 

The Director of Public Works is hereby au- 
thorized to order the owner of the fronting prop- 



Sec. 703.1. 



San Francisco - Public Works Code 



874 



erty to remove the brick, quarry-tile, or exposed 
concrete aggregate sidewalk surfaces and to con- 
struct a concrete sidewalk in accordance with the 
provisions of Section 703 hereof, when in the 
judgment of said Director public interest and 
convenience require such removal and reconstruc- 
tion. 

The order shall specify the time within which 
the work is to be completed, and also the time 
within which the owner must declare, in writing 
to the Director, his intention to do the work. 

The Director, upon receiving written notice of 
the intention to comply by the owner, or his 
authorized agent, may if requested by the owner, 
grant a reasonable extension of the time speci- 
fied in the order for the completion of the work. 
(Added by Ord. 137-66, App. 6/14/66) 

SEC. 703.2. REPLACEMENT, REPAIR 
AND MAINTENANCE OF EXISTING 
SIDEWALK SURFACES WITH SAME KIND 
OF MATERIALS, ETC. 

Any person, firm or corporation who removes 
or repairs, or causes or permits to be removed or 
repaired any existing sidewalk surface, or any 
portion thereof, for any purpose whatever, shall 
replace or repair or cause to be replaced or 
repaired the sidewalk surface so removed or 
repaired, with the same kind of materials, design 
and texture, and with equivalent workmanship, 
to match the existing sidewalk surface, unless an 
exception therefrom is ordered or approved by 
the Director of Public Works. (Amended by Ord. 
319-73, App. 8/10/73) 

SEC. 704. ASPHALT SIDEWALKS. 

Temporary asphaltic concrete sidewalks may 
be constructed in industrial areas or fronting 
unimproved property; provided, however, that no 
such sidewalks shall be constructed prior to 
permission having been granted by the Director 
of Public Works. The Director of Public Works is 
hereby authorized to grant such permits to own- 
ers of fronting property or their duly authorized 
agents when in his judgment public interest and 
convenience require the construction of an as- 
phaltic concrete sidewalk. Asphaltic concrete side- 
walks shall be at least five inches in thickness 



and shall consist of a crushed rock base at least 
three inches in thickness, and an asphaltic con- 
crete wearing surface at least two inches in 
thickness. The materials used and the method of 
construction shall be in accordance with specifi- 
cations which the Director of Public Works is 
hereby authorized to prepare in conformity here- 
with, and as required for public convenience and 
safety, such specifications and rules to apply to 
the quality and proportions of the required ma- 
terials, and the method of application. The fin- 
ished surface of the sidewalk shall have a uni- 
form, nonskid texture and shall rise Vs inch per 
foot from curb grade to property line. 

The Director of Public Works is hereby au- 
thorized to order the owner of the fronting prop- 
erty to remove a temporary asphaltic concrete 
sidewalk and to construct a cement concrete 
sidewalk in accordance with the provisions of 
Section 703 hereof, when in the judgment of said 
Director public interest and convenience require 
such removal and reconstruction. 

The order shall specify the time within which 
the work is to be completed, and also the time 
within which the owner must declare, in writing 
to the Director, his intention to do the work. 

The Director, upon receiving written notice of 
the intention to comply by the owner, or his 
authorized agent, may if requested by the owner, 
grant a reasonable extension of the time speci- 
fied in the order for the completion of the work. 

SEC. 705. WOODEN SIDEWALKS OR 
STAIRWAYS. 

Temporary wooden sidewalks or stairways in 
sidewalk areas may be constructed in hilly areas 
or unimproved streets; provided, however, that 
no such wooden sidewalks shall be constructed 
prior to permission having been granted by the 
Director of Public Works. The Director of Public 
Works is hereby authorized to grant such per- 
mits to owners of fronting property or their duly 
authorized agents when in his judgment public 
interest and convenience require the construc- 
tion of a wooden sidewalk or stairway. Every 
person, firm or corporation owning any real 
property, fronting on any street where wooden 




875 



Miscellaneous 



Sec. 706.2. 



sidewalks now are, or hereafter may be laid, 
must drive down, or cause to be driven down, and 
at all times keep, or cause to be kept driven 
down, even with the upper surface of such side- 
walks, in front of such real property, all nails and 
spikes used in such wooden sidewalks. 

The Director of Public Works is hereby au- 
thorized to order the owner of the fronting prop- 
erty to remove the temporary sidewalk or stair- 
way and to construct a concrete sidewalk in 
accordance with the provisions of Section 703 
hereof, when in the judgment of said Director, 
public interest and convenience require such 
removal and construction. 

The order shall specify the time within which 
the work is to be completed, and also the time 
within which the owner must declare, in writing 
to the Director, his intention to do the work. 

The Director, upon receiving written notice of 
the intention to comply by the owner, or his 
authorized agent, may if requested by the owner, 
grant a reasonable extension of the time speci- 
fied in the order for the completion of the work. 

SEC. 706. OWNERS OF FRONTAGE 
RESPONSIBLE FOR REPAIR— LIABILITY 
FOR UNSAFE CONDITIONS. 

(a) It shall be the duty of the owners of lots 
or portions of lots immediately adjacent to any 
portion of a public street, avenue, alley, lane, 
court or place to maintain the sidewalks and 
sidewalk area, including any peirking strip, park- 
way, automobile runway and curb, fronting or 
adjacent to their property in good repair and 
condition. This duty shall include removal of any 
unpermitted structure, including but not limited 
to unpermitted public pay telephones installed 
in the sidewalk adjacent to the property. Any 
person who suffers injury or property damage as 
a legal result of the failure of the owner to so 
maintain the sidewalks and sidewalk areas shall 
have a cause of action for such injury or property 
damage against such property owner. The City 
and County of San Francisco shall have a cause 
of action for indemnity against such property 
owner for any damages it may be required to pay 
as satisfaction of any judgment or settlement of 



any claim that results from injury to persons or 
property as a legal result of the failure of the 
owner to maintain the sidewalks and sidewalk 
areas in accordance with this Section. Failure of 
the owner to maintain the sidewalks and side- 
walk areas as set forth in this Section also shall 
constitute a public nuisance. 

(b) Sidewalk Revitalization Program. A 

property owner may elect to participate in the 
City's sidewalk revitalization program for fiscal 
year 2006-07 or any year thereafter during which 
the program is renewed by providing written 
authorization to the Department to undertake 
repairs to the sidewalk fronting the subject prop- 
erty. If the property owner elects to participate in 
this program, the Department shall waive all 
permit and inspection fees related to the side- 
walk repair. (Amended by Ord. 398-91, App. 
11/11/91; Ord. 287-92, App. 9/16/92; Ord. 12-07, 
File No. 061606, App. 2/2/2007) 

SEC. 706.1. NOTICE TO OWNER. 

When any portion of a sidewalk is not in good 
repair and condition and the Director of Public 
Works has knowledge thereof, it shall be his duty 
to notify the owner of the property immediately 
adjacent thereto, to repair the same. Such notice 
shall be written and may be given by delivery 
personally or by mailing of notice, either by 
letter or postal card, postage prepaid, to his last 
known address, as the same appears on the last 
assessment rolls of the City and County of San 
Francisco. Immediately after mailing any such 
notice, the Director of Public Works shall cause a 
copy thereof, printed on a card of not less than 
eight inches by ten inches in size, to be. posted in 
a conspicuous place on said property. 

SEC. 706.2. CONTENTS OF NOTICE. 

Such notice shall direct the owner to repair 
such sidewalk, shall specify what work is re- 
quired to be done, how the same is to be done, 
and what materials shall be used in such repair, 
and shall further specify that, if such repair is 
not commenced within 30 days after notice is 
given as aforesaid and prosecuted to completion 
diligently and without interruption, the Director 
of Public Works shall cause such repair to be 



Supp. No. 4, January 2007 



Sec. 706.2. 



San Francisco - Public Works Code 



876 



made and the cost of the same shall be a lien on 
such property. (Amended by Ord. 73-70, App. 
3/19/70) 

SEC. 706.3. DIRECTOR OF PUBLIC 
WORKS TO REPAIR IF OWNER FAILS TO 
DO SO. 

If said repair is not commenced and pros- 
ecuted to completion with due diligence, as re- 
quired by said notice, the Director of Public 
Works shall repair said sidewalk. The cost of 
such repair shall be an obligation to the City and 
County owing by the owner of the adjacent 
property, and the City and County shall have a 
lien of the adjacent property in all respects as 
though notice had been given. Both such obliga- 
tion and lien shall be subject to the provisions of 
Sections 706.4, 706.5, 706.6, 706.7 and 706.8 of 
this Article. (Amended by Ord. 342-98, App. 
11/13/98) 

SEC. 706.4. NOTICE OF COST AND 
CLAIM OF LIEN. 

(a) Upon the completion of such repair, the 
Director of Public Works shall ascertain the cost 
thereof, apportioning the same, if the area so 
repaired is next adjacent to more than one lot of 
land. The owner of such lot of land shall there- 
upon be obligated to the City and County of San 
Francisco in the amount of such cost of repair 
and the City and County shall thereupon have a 
lien for such cost of repair upon any such lot of 
land until payment thereof which lien shall also 
include the cost of verification and filing thereof. 
On ascertaining the cost of repair as aforesaid 
the Director of Public Works shall cause notice 
thereof to be mailed in the manner herein pro- 
vided for mailing notice to repair, which notice 
shall demand pajnnent thereof to the Director of 
Public Works, shall give notice of claim of such 
lien and of the recording of the same, in the event 
such amount is not paid, as hereinafter set forth. 

(b) Said notice also shall state that the 
property owner(s) identified as the responsible 
party(ies) may request an administrative review 
of the Director's determination as to the respon- 
sible property owner(s) and the allocation of cost 
for remediation. This request must be in writing 



and filed within 10 calendar days of the date of 
the Director's notice. If no request for adminis- 
trative review is filed, the Director's determina- 
tion shall be final. 

(c) If administrative review is requested, 
the Director shall appoint a hearing officer and 
schedule a hearing within 10 calendar days of 
the filing of the request for administrative re- 
view. The Director shall notify the party(ies) to 
the review hearing of the time and date of said 
hearing. Recording of the lien against the af- 
fected owner's property pursuant to Section 706.5 
shall be held in abeyance until the Director has 
acted upon the hearing officer's decision. 

(d) The administrative review hearing is a 
public hearing and shall be tape recorded. Any 
party to the hearing may cause, at his or her own 
expense, the hearing to be recorded by a certified 
court reporter. During the hearing, evidence and 
testimony may be presented to the hearing of- 
ficer. Parties to the hearing may be represented 
by counsel and have the right to cross-exEimine 
witnesses. All testimony shall be given under 
oath. Written decisions and findings shall be 
rendered by the hearing officer within 10 calen- 
dar days of the hearing. Copies of the findings 
and decisions shall be served upon the parties to 
the hearing by certified mail. A notice that a copy 
of the findings and decisions is available for 
inspection between the hours of 9:00 a.m. and 
5:00 p.m. Monday through Friday shall be posted 
at the offices of the Department of Public Works. 

(e) The decision of the hearing officer shall 
be a recommendation to the Director and the 
Director, within five days of receipt of such 
decision, shall adopt, modify, or deny such deci- 
sion. The Director's determination on the hear- 
ing officer's decision is final. Such determination 
shall be served upon the parties to the hearing 
and posted in the same manner as the hearing 
officer's decision as set forth in Subsection (d). 
(Amended by Ord. 342-98, App. 11/13/98) 

SEC. 706.5. RECORDING OF LIEN. 

If the cost of repair so specified as to sidewalk 
area next adjacent to any lot is not paid to the 
Director of Public Works within 90 days after the 



Supp. No. 4, January 2007 



877 



Miscellaneous 



Sec. 707. 



mailing of notice thereof, the Director shall file 
in the office of the Recorder of the City and 
County a verified claim containing a particular 
description of the property subject to such lien, 
the place and general nature of sidewalk repair 
for which lien is claimed, the dates of mailing or 
delivery of notice to repair and of cost of repair, 
the name of the owner of the property as afore- 
said and the amount of the lien cleiimed, which 
shall include the cost of verification and filing 
thereof 

SEC. 706.6. COLLECTION BY BUREAU 
OF DELINQUENT REVENUE. 

The Director of Public Works shall also trans- 
mit to the Bureau of Delinquent Revenue, on the 
expiration of such 90-day period, a statement of 
each such unpaid cost of repair, together with the 
cost of verification and filing of claim therefor. 
The bureau shall endeavor diligently to collect 
the same on behalf of the City and County by 
foreclosure of the lien therefor or otherwise. Any 
and all amounts paid or collected shall replenish 
the revolving fund hereinafter provided. 

SEC. 706.7. RELEASE OF LIEN. 

On pa5niient of any such claim of lien, the 
Director of Public Works shall give a release 
thereof on demand and payment of the verifica- 
tion thereof 

SEC. 706.8. REVOLVING FUND. 

A fund shall be provided to cover initially the 
cost of making sidewalk repairs as provided in 
Section 706.3 hereof, making repairs in unac- 
cepted public right-of-way as provided in Article 
9, Section 400, and of verification and recording 
of liens therefor, said fund to be a revolving fund 
and replenished by appropriation and by all 
moneys paid or collected for sidewalk repairs 
and repairs in unaccepted public right-of-way 
and liens therefor as herein provided. (Amended 
by Ord. 342-98, App. 11/13/98) 

SEC. 707. AWARD OF CONTRACT FOR 
CONSTRUCTION, REPAIR AND 
REPLACEMENT OF SIDEWALKS, ETC. 

The Director of Public Works is authorized to 
invite annual bids in the manner provided in the 



Administrative Code, and to award a contract 
effective the first day of July of each year on a 
unit cost basis for the construction, repair and 
replacement of sidewalks, driveways, curbs, and 
gutters where the obligation to perform such 
construction, repair or replacement is that of the 
property owner. In addition to insuring the City 
and County, its officers and employees in their 
capacities as such as required by the Standard 
Specifications of the Bureau of Engineering, the 
contractor shall also name as additional insured 
the owners of property who are jointly respon- 
sible for sidewalk repair, but such insurance 
shall apply only as respects operations per- 
formed by the contractor in connection with this 
Section. Such owner may request the Director of 
Public Works to issue a work order to the con- 
tractor to do the work for the account of the 
owner. Such contract shall provide that the con- 
tractor shall, on receipt of a work order from the 
Director of Public Works, repair, construct or 
replace the sidewalk, curb, or gutter for the 
account of said owner at the unit prices bid, and 
shall bill the owner for the cost thereof Should 
the owner fail to pay the contractor the amount 
of said bill within 30 days, the contractor shall 
give written notice of said failure to the Director 
of Public Works who, upon determining that the 
work has been satisfactorily performed, shall 
cause pa5rment to be made to the contractor from 
a revolving fund, which shall consist of such 
monies as may be appropriated for these pur- 
poses, and cause a lien to be placed upon the 
owner's property in the amount of said pajnnent 
as provided in Sections 706.4, 706.5, 706.6, and 
706.7 of this Article, and the amount of said 
payment shall constitute a lien against said 
property which shall be enforced, collected, and 
released as provided in said Sections. The Direc- 
tor of Public Works shall make quarterly reports 
to the Board of Supervisors showing a general 
accounting of the aforementioned revolving fund. 
The necessary funds shall be appropriated annu- 
ally for the preparation of contracts, taking of 
bids and entering into contracts. Each such con- 
tract shall provide that the Director of Public 
Works shall have the power to prescribe the 
procedures to be followed and specify the forms 



Supp. No. 4, January 2007 



Sec. 707. 



San Francisco - Public Works Code 



878 



to be used for the reports to be rendered in the 
administration of the work to be performed there- 
under. Each such contract shall provide that the 
contractor shall deposit with the Director of 
Public Works a sum sufficient to defray costs of 
inspections by City inspectors on each job for 
which a work order is issued, calculated as 
follows: a minimum of $10 for the first 100 
square feet, or fraction thereof, of sidewalk, 
driveway, curb or gutter construction, repair or 
replacement, and $5 for each additional 100 
square feet or fraction thereof. (Added by Ord. 
391-81, App. 7/3/81) 

SEC. 707.1. ALTERNATE METHOD OF 
ENFORCEMENT AND COLLECTION OF 
LIEN. 

(a) The provisions of this Section are in- 
tended to provide an alternate method for en- 
forcement and collection of the lien described in 
Section 706.4 et seq. of this Article and are 
adopted in accordance with the terms and condi- 
tions of California Government Code Section 
38773.5 governing special assessment liens for 
public nuisance abatement. 

(b) The Director of Public Works may file 
with the Clerk of the Board of Supervisors an 
itemized report of the work done and the expense 
thereof along with his recommendation that said 
expense be collected at the same time and in the 
same manner as ordinary City and County taxes. 
Said expense shall be the cost of the work plus 12 
percent thereof to cover the cost of City admin- 
istration. Upon the filing of said report and 
recommendation, the Clerk of the Board of Su- 
pervisors shall fix a date and time for hearing 
thereon which shall be endorsed upon a copy of 
said report and recommendation. At least 10 
days before the date of the hearing, said en- 
dorsed copy shall be posted on the property 
subject to said lien and notice of the hearing 
shall be sent by certified mail to the property 
owner if the property owner's identify can be 
determined from the County Assessor's/Recorder's 
office records. The mailed notice shall specify 



that the property may be sold after three years 
by the Tax Collector for unpaid delinquent as- 
sessments. 

(1) The costs referenced in this Section may 
include the costs incurred by any other City 
department, including the City Attorney's Office, 
expended in furtherance of the work done or 
related to any action, administrative proceeding, 
or special proceeding to abate the public nui- 
sance as defined in Section 706. 

(2) In any action, administrative proceed- 
ing, or special proceeding to abate the public 
nuisance, the prevailing party may seek recovery 
of attorneys' fees; provided, however, that recov- 
ery of such fees is available only if the City, at the 
initiation of the individual action or proceeding, 
elects to seek recovery of its own attorney's fees. 
Further, in no action, administrative proceeding, 
or special proceeding shall an award of attor- 
neys' fees to a prevailing party exceed the amount 
of reasonable attorneys' fees incurred by the City 
in the action or proceeding. 

(c) At the time fixed for hearing and consid- 
ering said report and recommendation, the Board 
of Supervisors shall hear the same, together 
with any objections which may be raised by any 
property owner liable to be assessed for the 
expense described in said report and recommen- 
dation, and thereupon may make such modifica- 
tions in the report and recommendation as the 
Board deems necessary, afl:er which by motion or 
resolution said report and recommendation shall 
be confirmed. The expense of repairing, construct- 
ing or replacing sidewalk, driveway, curb or 
gutter, as confirmed by the Board of Supervisors, 
shall constitute a special assessment against the 
parcel or parcels of land fironting such sidewalk, 
driveway, curb or gutter, and shall constitute a 
lien of said property for the amount of the 
assessment. After confirmation of said report 
and recommendation, a copy thereof shall be 
transmitted to the Assessor and to the Tax Col- 
lector of the City and County, whereupon it shall 
be the duty of said officers to add the amount of 
said assessment to the next regular bill for taxes 
levied against said parcel or parcels of land for 
municipal purposes, and thereafter said amount 



Supp. No. 4, January 2007 



878.1 



Miscellaneous 



Sec. 708.2. 



shall be collected at the same time and in the 
same manner as ordinary City and County taxes 
are collected, and shall be subject to the same 
penalties and the same procedure under foreclo- 
sure and sale in case of delinquency as provided 
for ordinary taxes of the City and County of San 
Francisco. Notwithstanding the above, if any 
real property to which the cost of abatement 
relates has been transferred or conveyed to a 
bona fide purchaser for value, or if a lien of a 
bona fide encumbrancer for value has been cre- 
ated and attached thereon, prior to the date of 
which the first installment of the taxes would 
become delinquent, then the cost of abatement 
shall not result in a lien against the real prop- 
erty but instead shall be transferred to the 
unsecured roll for collection. 

(d) Notices or instruments relating to the 
abatement proceeding or special assessment shall 
be entitled to recordation. 

(e) All monies received in pa3mient of said 
lien against the property shall be credited to the 
fund provided for in Section 706.8 of this Article 
after reimbursement to other City departments 
for their incurred costs related to the abatement. 
(Added by Ord. 338-73, App. 8/23/73; Ord. 12-07, 
File No. 061606, App. 2/2/2007) 

SEC. 708. SIDEWALK IMPROVEMENT- 
PERMIT REQUIRED. 

Before constructing, repairing, or replacing 
the sidewalk in front of a lot or lots adjacent to a 
public street, avenue, alley, lane, court, or place, 
the owner of said lot or lots shall obtain a permit 
therefor from the Department of Public Works as 
provided in Section 708.1, except for that work 
covered by Section 707 of this Code, or unless the 
Director of Public Works decides that no permit 
is needed. (Added by Ord. 38-66, App. 2/24/66) 

SEC. 708.1. SIDEWALK IMPROVEMENT 
UNLAWFUL WITHOUT PERMIT. 

It shall be unlawful for any person, firm, or 
corporation to construct, repair, or replace any 
sidewalk within the City and County of San 
Francisco, without first obtaining a permit there- 
for from the Department of Public Works unless 
the Director of Public Works decides that no 



permit is needed, or the work is covered by 
Section 707 of this Code. (Added by Ord. 38-66, 
App. 2/24/66) 

SEC. 708.2. PERMIT FOR 
CONSTRUCTION, REPAIR, OR 
REPLACEMENT OF SIDEWALKS- 
INSPECTION FEE. 

Every applicant for such a permit shall pay 
the said Department, as an inspection fee, a sum 
of $15 for every 100 square feet or fraction 
thereof, of sidewalk construction, repair or re- 
placement. No fees shall be required for a permit 
to repair or replace 10 square feet or less of 
sidewalk. (Amended by Ord. 391-81, App. 7/3/81; 
Ord. 401-87, App. 9/26/87; Ord. 255-92, App. 
8/7/92) 



Supp. No. 4, January 2007 



[INTENTIONALLY LEFT BLANK] 



Supp. No. 4, January 2007 



879 



Miscellaneous 



Sec. 710. 



SEC. 709. EMERGENCY ORDERS; 
ACCEPTED AND UNACCEPTED PUBLIC 
RIGHT-OF- WAY. 

(a) If, in the judgment of the Director, the 
condition of an accepted or unaccepted pubhc 
right-of-way within the jurisdiction of the De- 
partment of Pubhc Works constitutes a pubhc 
emergency or other imminent threat to the pub- 
hc health, safety, or welfare that requires imme- 
diate action, the Director, by written, telephonic 
or facsimile communication, may order the re- 
sponsible property owner(s) to remedy the con- 
dition in such a manner as the Director deems 
expedient and appropriate subject to the limita- 
tions set forth in this Article or Article 9. 

(b) If the responsible property owner(s) no- 
tified pursuant to Subsection (a) is inaccessible 
or fails, neglects, or refuses to diligently pros- 
ecute to completion the remedial work in the 
manner and time period specified by the Direc- 
tor, then the Director may undertake all neces- 
sary actions to remedy the condition. All costs 
expended by the Director shall be an obligation 
of the responsible property owner(s) owing to the 
City and County of San Francisco. Such costs 
shall include, but are not limited to, those costs 
associated with the administration, construc- 
tion, consultants, equipment, inspection, notifi- 
cation, remediation, repair, restoration, or any 
other actual costs incurred by the Director or 
other agencies, boards, commissions, or depart- 
ments of the City and County of San Francisco 
that were made necessary by reason of the 
Director's remediation. 

(c) In order to enforce an obligation imposed 
pursuant to Subsection (b), the Director is autho- 
rized to institute the lien procedures that are set 
forth in Sections 706.4 through 707.1. 

(d) In the event of an emergency, the Direc- 
tor shall cooperate to the extent practicable with 
other City and County agencies, boards, commis- 
sions, or departments with jurisdiction over af- 
fected fixtures, improvements, property, or struc- 
tures across, adjacent to, along, beneath, in, on, 
over, under, upon, or within the public right-of- 
way. The Director may issue an emergency order 



in conjunction with any other official of the City 
and County of San Francisco who is authorized 
to issue emergency orders. 

(e) When, under emergency circumstances, 
neither the Department of Public Works nor 
Department of Building Inspection can ascertain 
which department has jurisdiction over the af- 
fected fixtures, improvements, property, or struc- 
tures across, adjacent to, along, beneath, in, on, 
over, under, upon, or within the public right-of- 
way, the Director, the Director of the Depart- 
ment of Building Inspection, or both may issue 
emergency orders to remedy any emergency con- 
dition. Notice of the emergency order shall be 
pursuant to Subsection (a) or according to proce- 
dures set forth in the San Francisco Building 
Code. If the City and County of San Francisco 
abates the emergency condition, once the Depart- 
ment of Public Works and Building Inspection 
have determined which department has jurisdic- 
tion over the affected fixtures, improvements, 
property, or structures across, adjacent to, along, 
beneath, in, on, over, under, upon, or within the 
public right-of-way, the procedures for collection 
of charges and enforcement shall be according to 
the Municipal Code sections applicable to which- 
ever department assumed the lead role in abat- 
ing the emergency condition. (Added by Ord. 
342-98, App. 11/13/98) 

SEC. 710. EXCAVATIONS- 
REPLACEMENT OF SOCKETS. 

The Department of Public Works is hereby 
directed to cause an inspection to be made of all 
cases where excavations are made in the public 
streets or other work done thereon, and to see 
that all sockets used for posts or poles in connec- 
tion with parades or street displays have been 
properly replaced after removal in the making of 
such excavations or doing such work. In case 
such sockets have not been replaced to the sat- 
isfaction of said Department of Public Works, 
said Department shall cause such sockets to be 
put in, and any cost thereof shall be deducted 
from any deposit made to cover damage to such 
street by reason of such excavation or street 
work. 



Sec. 715. 



San Francisco - Public Works Code 



880 



SEC. 715. CONSTRUCTION 
REQUIREMENTS— AUTOMOBILE 
RUNWAYS. 

That certain plan for the construction of 
automobile runways extending from the road- 
ways of the improved public streets in the City 
and County of San Francisco to and upon a 
portion of the sidewalk area adjacent to the curb 
line of the roadway of any such streets prepared 
by the Bureau of Engineering of the Department 
of Public Works and on file under File No. 14733 
in the office of the Clerk of the Board of Super- 
visors and entitled and designated as "Plan for 
Construction of Automobile Runway, File 
L-6964.1" is hereby approved and adopted as the 
plan in conformity with which any automobile 
runway extending from the roadway of an im- 
proved public street in said City and Coiuity to 
and upon a portion of a sidewalk area adjacent to 
the curb line of the roadway of such street is 
required hereafter to be constructed and main- 
tained; provided, however, that when special 
conditions exist and this plan is not the most 
feasible the Director of Public Works is autho- 
rized to allow deviations, and any such automo- 
bile runway hereafter constructed and main- 
tained in any manner not strictly conforming to 
the design and measurements indicated on such 
approved and adopted plan, unless modified as 
herein provided by the Director of Public Works, 
shall be unlawful. 

SEC. 716. PERMIT REQUIRED— FEE. 

It shall be unlawful for any person, firm or 
corporation to commence or proceed with the 
construction of any such automobile runway 
within the City and County of San Francisco, 
unless a permit therefor shall have been first 
obtained from the Department of Public Works, 
unless the Director of Public Works decides that 
no permit is needed. 

Before the issuance of such permit the appli- 
cant therefor shall be required to pay to said 
Department, as an inspection fee, the sum of $60 
per driveway. (Amended by Ord. 391-81, App. 
7/3/81; Ord. 401-87, App. 9/25/87) 



SEC. 717. PERMIT ONLY TO OWNER- 
RESTORATION. 

The permit referred to in Section 716 of this 
Article, and required to be first obtained, shall be 
granted only to the owner of the real property in 
front of which any such automobile runway as 
provided for in this Article is to be constructed 
and maintained, upon the application of such 
owner or the authorized agent thereof, and such 
owner, or the successor of such owner in or the 
ownership of such property, shall be obligated, in 
case such automobile runway be discontinued in 
the use thereof, or abandoned as to such use, to 
restore to its former or original condition the 
portion of the street altered or changed in con- 
sequence of the construction of such automobile 
runway. 

SEC. 718. EXISTING RUNWAYS. 

Such automobile runways from the roadways 
of improved public streets in the City and County 
of San Francisco to and upon portions of the 
sidewalk areas adjacent to the curb lines of the 
roadways of such streets, as have heretofore 
been constructed under sanction and to the sat- 
isfaction of the Department of Public Works and 
are now being maintained as so constructed, and 
such other automobile runways as have already 
been constructed and which, as to method of 
construction, are within the restrictions denoted 
on the approved and adopted plan referred to in 
Section 715 of this Article, are hereby permitted 
to be so maintained, subject however to the 
obligation imposed by the provisions of Section 
717 of this Article. 

SEC. 719. RUNWAY RECONSTRUCTION. 

Whenever street work is performed by the 
City on accepted streets, and such work alters 
the street surface elevation fronting on an exist- 
ing runway which has been constructed and is 
being maintained in accordance with the provi- 
sions of this Article, such portion of said existing 
runway which requires reconstruction to con- 
form to the altered street surface elevation shall 
be included in the work and the cost thereof shall 



881 



Miscellaneous 



Sec. 723.2. 



be borne by the City, provided that no runway 
work shall extend further than four feet from the 
curb line. 

SEC. 720. SIDE SEWER, SIDE SEWER 
TRAP AND HOUSE SEWER ALTERATION. 

Whenever street work is performed by the 
City on accepted streets and such street work 
necessitates the alteration, adjustment, reloca- 
tion, and/or reconstruction of any existing side 
sewer, side sewer trap, and/or house sewer out- 
side the building line which has been con- 
structed and is being maintained in accordance 
with the provisions of the San Francisco Munici- 
pal Code, Part II, Chapter VII (Plumbing and 
Gas Appliance Code), Article 1, such alteration, 
adjustment, relocation and/or reconstruction shall 
be included in the work and the cost thereof shall 
be borne by the City (Added by Ord. 205-65, App. 
7/29/65) 

SEC. 723. OBSTRUCTION OF STREETS 
PROHIBITED. 

It shall be unlawful for any person, firm or 
corporation, without permission from the Depart- 
ment of Public Works, to pile, cap or otherwise 
obstruct any street, lane, alley, place or court, or 
any portion thereof, whether the same be graded 
or not. 

SEC. 723.1. SIDEWALK BARRIERS. 

The Department of Public Works may grant 
permission, revocable at the will of the Director 
of Public Works, to owners of property abutting 
any court, alley or narrow street to install and 
maintain barriers of an approved design, spacing 
and location in the sidewalk fronting their prop- 
erty where necessary to control illegal vehicular 
parking or driving in sidewalk areas. 

The owner of the abutting property, or his 
authorized agent applying for a permit to install 
and maintain sidewalk barriers shall agree to 
hold harmless the City and County of San Fran- 
cisco, its officers, agents, and employees, from 
any damage or injury caused by reason of the 
installation or maintenance of the barriers in the 
sidewalk, and the owner or owners or subse- 
quent owner or owners of the respective property 



shall be solely liable for any damage or loss 
occasioned by any act or neglect in respect to the 
installation or maintenance of the barriers in the 
sidewalk. 

Before the issuance of the permit, the appli- 
cant therefor shall be required to pay to the said 
Department, as an inspection fee, the sum of 
$100 for each 25 feet, or fractional part thereof, 
of the sidewalk frontage of the property. 

A copy of each permit issued under the pro- 
visions of this Section shall be recorded in the 
office of the Recorder of the City and County of 
San Francisco. 

The Board of Supervisors shall have the right 
of approval and/or revocation of any permit for 
the installation and maintenance of barriers on 
public sidewalks. (Amended by Ord. 391-81, App. 
7/3/81; Ord. 401-87, App. 9/25/87) 

SEC. 723.2. MINOR SIDEWALK 
ENCROACHMENTS. 

(a) The Director of Public Works may grant 
permission, revocable at his or her will, to an 
owner of property abutting any court, alley or 
street to install and maintain minor encroach- 
ments such as fences, retaining walls, steps or 
stairways and other minor structures in the 
sidewalk fronting such property where such en- 
croachments are desirable or convenient in con- 
junction with the owner's use and enjojnnent of 
the property, or required for the safety, conve- 
nience and comfort of the public using the side- 
walk. 

(b) Such encroachments shall not occupy 
more than 10 percent of the area of the sidewalk 
fronting the property nor more than 25 percent 
of the width of the sidewalk, unless the Director 
of Public Works determines that such restric- 
tions are not applicable due to the nature of the 
encroachment. The Director may require further 
restrictions or modifications and impose such 
conditions as he or she deems necessary. No 
advertisement shall be permitted on the encroach- 
ments. 

(c) In considering the issuance of permits 
under the provisions of this Section, the Director 
of Public Works shall give due regard to the 



Sec. 723.2. 



San Francisco - Public Works Code 



882 



location, neighborhood pattern, anticipated pe- 
destrian traffic, access requirements of the Fire 
Department, and to the convenience and neces- 
sities of the owners, occupants or tenants of 
offices, stores or shops in the vicinity. 

(d) The owner of the real property or the 
owner's authorized agent applying for a permit 
under the provisions of this Section shall agree 
to hold harmless the City and County of San 
Francisco, its officers, agents, and employees, 
from any damage or injury caused by reason of 
the installation or maintenance of the encroach- 
ment in the sidewalk, and the owner or owners 
or subsequent owner or owners of the respective 
real property shall be solely liable for any dam- 
age or loss occasioned by any act or neglect in 
respect to the installation or maintenance of the 
encroachments in the sidewalk. 

(e) Each permit issued under the provisions 
of this Section shall not become effective until 
the permit has been signed by the owner or the 
owner's authorized agent and a copy thereof has 
been recorded in the office of the Recorder of the 
City and County of San Francisco; provided, 
however, that within 15 days following the ap- 
proval, denial or revocation of a permit by the 
Director, any person may file a notice of appeal 
with the Clerk of the Board of Supervisors. In 
the alternative, when the encroachment is re- 
lated to building construction, rehabilitation or 
maintenance, any person may appeal the en- 
croachment permit decision to the Building In- 
spection Commission. A person waives his or her 
right to appeal to the Building Inspection Com- 
mission encroachment permit decisions relating 
to building construction, rehabilitation or main- 
tenance by instead ffiing the appeal with the 
Clerk of the Board of Supervisors. No encroach- 
ment permit decision may be appealed to both 
bodies. 

(f) For purposes of this Section, an encroach- 
ment permit is related to building construction, 
rehabilitation or maintenance when the object of 
the encroachment permit affects the applicant's 
ability to construct, repair or maintain the build- 
ing. 



(g) Upon ffiing the appeal to the Board of 
Super-visors, the appeal shall be referred to the 
full Board for hearing. 

(h) The Clerk of the Board shall set a time 
and place for hearing such appeal, which shall be 
not less than 10 nor more than 30 days after such 
filing. 

(i) Pending decision by the Board of Super- 
visors or the Building Inspection Commission, 
the permit decision by the Director shall be 
suspended. The Board of Supervisors may disap- 
prove the Director's permit decision only by a 
vote of not less than ^3 of all members of the 
Board. In the event that one or more of the full 
membership of the Board is disqualified or ex- 
cused from voting because of an interest prohib- 
ited by general law or the San Francisco Charter, 
any such disapproval shall be by a vote of all 
members of the Board that are not disqualified 
or excused. The Board of Supervisors must de- 
cide such appeal within 30 days of the time set 
for the hearing thereon, provided that, if the full 
membership of the Board is not present on the 
last day on which said appeal is set or continued 
for hearing within said period, the Board may 
postpone said hearing and decision thereon un- 
til, but not later than, the full membership of the 
Board is present; provided, further, that the 
latest date to which said hearing and decision 
may be so postponed shall be not more than 90 
days from the date of filing of the appeal. Failure 
of the Board of Supervisors to act within such 
time limit shall be deemed to constitute approval 
by the Board of the action of the Director of 
Public Works. 

(j) Before issuance of the permit, the appli- 
cant shall be required to pay to the Department 
of Public Works a fee as set forth in Section 2.1.1 
et seq. and a public right-of-way occupancy as- 
sessment fee as set forth in subsection (m). 

(k) Nothing in this Section shall be con- 
strued as authorizing the Director of Public 
Works to grant permit for any encroachment 
which he or she determines to be inimical to the 
health, welfare, safety and best interest of the 



883 



Miscellaneous 



723.1 



general public, or in violation of the Charter or 
laws of the City and County of San Francisco or 
laws of the State of California. 

(1) The Board of Supervisors or the Building 
Inspection Commission may affirm, reverse or 
modify any permit decision made by the Director 
of Public Works under the provisions of this 
Section. The decision by the Board of Supervi- 
sors or the Building Inspection Commission is 
final. 

(m) The Board of Supervisors reserves the 
right to exact a public right-of-way occupancy 
assessment fee for the use of the sidewalk or 
other public right-of-way space permitted under 
the provisions of this Section. 

(m) The Board of Supervisors reserves the 
right to exact a public right-of-way occupancy 
assessment fee for the use of the sidewalk or 
other public right-of-way space permitted under 
the provisions of this Section. 

(1) In accordance with Subsection (m) the 
public right-of-way occupancy assessment fee for 
minor sidewalk encroachments, whether permit- 
ted or unpermitted and as specified in Subsec- 
tion (m)(2), shall be an annual fee of $3.00 per 
square foot of occupancy of the sidewalk or other 
public right-of-way space. For purposes of calcu- 
lating the assessment fee, the Department shall 
charge no less than $100.00 per year even though 
the calculated square footage charge for the 
encroachment may result in a smaller assess- 
ment fee. 

(2) The following categories of minor side- 
walk encroachments are subject to the public 
right-of-way occupancy assessment fee: 

(a) Encroachments in, on, above, or below 
the public right-of-way that are affixed or appur- 
tenant to any building whose owner obtained a 
site permit for new construction on or after 
August 29, 2005. This Subsection (m)(2)(a) also 
shall apply to any commercial, industrial, or 
mixed-use building whose owner obtained a site 
permit for new construction prior to August 29, 
2005; provided, however, that such building is 
not located in any Neighborhood Commercial 
District as designated in Planning Code Article 7 
and that the encroachment associated with such 



building was installed or encroachment permit 
obtained prior to August 29, 2005. This Subsec- 
tion shall specifically include, but not be limited 
to, doors that open over the public right-of-way 
and subsidewalk basements; provided, however, 
that this Subsection shall exclude encroach- 
ments for shoring and tiebacks. This Subsection 
shall not apply to a building that has been 
converted fi'om a commercial, industrial, or mixed- 
use building into building containing only resi- 
dential use. 

(b) Encroachments associated with a com- 
mercial, industrial, or mixed-use building that 
change the vertical or horizontal plane of an 
existing sidewalk and modify the existing side- 
walk slope pattern in order to provide access 
necessary to comply with the Americans with 
Disabilities Act; provided, however, that the build- 
ing obtained a site permit for new construction 
on or after August 29, 2005. 

(c) Any enclosure of the public right-of-way 
that is used exclusively for private benefit and 
was installed on or after August 29, 2005. This 
Subsection (m)(2)(c) also shall apply to any en- 
closure installed prior to August 29, 2005 that is 
associated with a commercial, industrial, or mixed- 
use building; provided, however, that the build- 
ing is not located in any Neighborhood Commer- 
cial District as designated in Planning Code 
Article 7, 

(d) Underground storage tanks. 

(3) For purposes of Subsection (m)(2), the 
term "site permit" also shall mean "building 
permit." 

(4) Notwithstanding Subsection (m)(2), no 
public right-of-way occupancy assessment fee 
shall be charged against the owner of an historic 
or architecturally significant building who has 
installed or seeks a permit to install a minor 
sidewalk encroachment in order to conform with 
an applicable Municipal Code; provided, how- 
ever that this exception shall not apply if the 
encroachment is a subsidewalk basement. For 
purposes of this Subsection, an historic or archi- 
tecturally significant building shall be a building 
so designated pursuant to Planning Code Article 
10 or specifically identified as an architecturally 



Supp. No. 10, July/August 2007 



723.1 



San Francisco - Public Works Code 



884 



significant building on the Planning Department's 
database or on a list maintained by the Planning 
Department. 

(5) The public right-of-way occupancy as- 
sessment fee shall be subject to the review and 
adjustment procedures as forth in Sections 2.1.1 
et seq. 

(6) The public right-of-way occupancy as- 
sessment fee shall not be charged to any federal, 
state, or local governmental agencies, commis- 
sions, or departments. 

(7) Notwithstanding this Subsection (m), the 
public right-of-way assessment fee for under- 
ground vaults shall be as specified in Section 
2.1.1 et seq. (Added by Ord. 391-81, App. 7/3/81; 
amended by Ord. 474-97, App. 12/23/97; Ord. 
244-00, File No. 001354, App. 10/27/2000; Ord. 
179-05, File No. 050986, App. 7/29/2005; Ord. 
57-06, File No. 060081, App. 3/31/2006; Ord. 
165-07, File No. 070452, App. 7/20/2007) 

SEC. 724. TEMPORARY OCCUPANCY OF 
STREET— PERMITS REQUIRED. 

(a) Street Space Occupancy Permit. A 

permit will be required for occup5dng 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 pre- 
mises fronting thereon or his or her authorized 
agent. 

(1) Material and equipment shall not oc- 
cupy more than the designated parking lane 
width and not more than V2 of the official side- 
walk width along the boundary of the fronting 
property unless permission is granted pursuant 
to Sections 724.7 and 724.8 for temporary occu- 
pancy 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 Subsec- 



tion, 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 occu- 
pied unless permission is granted pursuant to 
Sections 724.7 and 724.8 for temporary occu- 
pancy of additional street space. 

(2) A minimum clearance of four feet must 
be maintained at all times to accommodate pe- 
destrian path of travel requirements. A mini- 
mum 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 ob- 
structed. 

(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 build- 
ing. 

(b) Permit Applications. 

(1) An applicant for a permit shall submit 
to the Department a written request for a permit 
no sooner than fifteen 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 ex- 
tended hours of occupancy for the storage of 
materials and equipment. 



Supp. No. 10, July/August 2007 



885 



Miscellaneous 



Sec. 724.1. 



(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 modifica- 
tions or extending the duration of permits, the 
Director may impose any conditions consistent 
with the public health, safety, welfare, and con- 
venience, including, but not limited to, appropri- 
ate time, place, and manner restrictions and 
considerations to minimize neighborhood im- 
pacts. If the Director of the Department ap- 
proves 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 Ap- 
peals. 

(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 addi- 
tional street space occupancy pursuant to Sec- 
tion 724.7 and 724.8. 

(2) A request for a permit modification shall 
be accompanied by a $50.00 processing fee. 

(e) Permit Extension. 

(1) No later than fifteen days prior to expi- 
ration of a permit, a permittee may request in 
writing that a permit extension be granted to 
extend the duration of the street space occu- 
pancy. 

(2) The Director shall treat a permit exten- 
sion 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. 

(f) All street occupancy permits are revo- 
cable 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, mate- 
rials and equipment or any portion thereof from 
the street or sidewalk space, the Director shall 
modify, condition, or revoke the permit accord- 
ingly (Amended by Ord. 31-85, App. 1/17/85; 
Ord. 180-02, File No. 021067, App. 8/29/2002) 

SEC. 724.1. TEMPORARY OCCUPANCY 
OF STREET— FEES TO BE PAID. 

(a) No permit shall be issued to a private or 
public entity for the temporary occupancy of the 
street for building construction operations un- 
less a fee and public right-of-way occupancy 
assessment are paid. The fee shall be $14.26, 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 assess- 
ment of $72.74, 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 per- 
mittee may occupy for less than a one-month 
term. 

(b) For temporary street space occupancy 
for any purpose other than a building construc- 
tion operation, the fee shall be $53.28 per day 
with no assessment cost. Unless specified other- 
wise, 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 income housing as defined by 
the United States Department of Housing and 
Urban Development. 

(d) Refund. If a permittee elects to relin- 
quish 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 assess- 
ment from the Department. There shall be no fee 
charged for a refund request. Refunds shall be 
issued based only on one-month increments. 



Supp. No. 10, July/August 2007 



Sec. 724.1. 



San Francisco - Public Works Code 



886 



(e) Fee and Assessment Review. Begin- 
ning with fiscal year 2008-2009, the permit fee 
and street occupancy assessment set forth in this 
Section may be adjusted each year, without fur- 
ther action by the Board of Supervisors, to reflect 
changes in the relevant Consumer Price Index, 
as determined by the Controller. No later than 
April 15th of each year, the Director shall submit 
its current fee and occupancy assessment sched- 
ule 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 15th of each year, the Con- 
troller 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 Super- 
visors, in its discretion, may modify the street 
occupancy assessment at any time. 

(f) Additional Fees. In instances where 
administration of this permit program or inspec- 
tion of a street space occupancy is or will be 
unusually costly to the Department, the Direc- 
tor, in his or her 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 addi- 
tional 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) 



SEC. 724.2. TEMPORARY OCCUPANCY 
OF STREET— PERMITTEE TO REPAIR 
DEFECTS. 

The permittee shall be required to repair all 
defects in, and to keep in repair, that part of the 
public right-of-way and associated public infra- 
structure, including, but not limited to streets, 
signs and parking meters, for which said permit 
is issued, which may be or become a hazard to 
any member of the public lawfully using the 
same during the time for which said permit shall 
be issued or upon termination or expiration of 
said permit. The permittee assumes this respon- 
sibility regardless of the cause of said defects and 
whether said defects develop while said permit is 
in effect. It shall be presumed that all defects 
were caused by the permittee unless the permit- 
tee can demonstrate otherwise to the satisfaction 
of the Director. (Amended by Ord. 31-85, App. 
1/17/85; Ord. 447-87, App. 11/12/87; Ord. 180-02, 
File No. 021067, App. 8/29/2002) 

SEC. 724.3. PLACARDS AND SIGNS. 

(a) Placards. A permittee shall display a 
placard at the site subject to a street space 
occupancy permit. The placard shall be mounted 
on the exterior of the fronting property, or where 
the site is vacant or it is impractical to mount the 
placard on the fronting property, the permittee 
may attach the placard on a post, pole, wall, or 
other object. A permittee shall mount the placard 
in a location where members of the public can 
easily read the required information but cannot 
tamper with the placard. The permittee shall 
mount the placard 72 hours in advance of the 
occupancy authorized in the permit, shall keep 
the placard posted for the entire term of the 
permit, and shall remove it immediately upon 
termination of the permit. All information con- 
tained on the placard shall be legible. The plac- 
ard shall contain the following information: name 
of the permittee, a telephone number where the 
permittee can be reached during the hours of the 
permit, the duration of the permit including 
start and stop dates and hours of use, a geo- 
graphic description of the street space occupied 
under the permit, the permit number, and the 
Department's street space hotline telephone num- 



Supp. No. 10, July/August 2007 



886.1 



Miscellaneous 



Sec. 724.4. 



ber. The Department shall provide a placard to 
each permittee. It shall be the responsibility of 
the permittee to insert the required information, 
mount the placard, and ensure proper mainte- 
nance of the placard. If any required information 
on a placard must be modified, the permittee 
shall obtain a new placard rather than change 
the information on the existing placard. If the 
Director follows the procedures set forth in Sec- 
tion 724.4(b), he or she may waive or modify the 
provisions of this subsection as they pertain to a 
particular type of permitted activities. 

(b) Signs. Signs shall be posted every 20 
linear feet of occupied space with at least one 
sign at each end of the occupied space. Signs 
shall contain the following information: the ef- 
fective dates and times of the permit; the permit 
number; the Department of Public Works' street 
space hotline telephone number; and notice that 
if the Public Works Code requires an on-site 
placard, additional information about the permit 
may be found on the placard. The permittee shall 
post signs 72 hours in advance of the occupancy 
authorized in the permit and remove such signs 
upon termination of the permit. A permittee 
must maintain signs during the entire term of 
occupancy and diu-ing the hours specified in the 
permit. If any information required on a sign 
must be modified, the permittee shall install new 
signs rather than change the information on the 
existing sign. If signs are removed, modified, or 
altered in any way, it shall be the permittee's 
responsibility to install new signs containing the 
required information. 



SEC. 724.4. CONSTRUCTION AND 
DEMOLITION SITES; DEPARTMENTAL 
ORDERS AND REGULATIONS. 

(a) All construction or demolition contrac- 
tors shall be responsible for maintaining their 
work-sites in a reasonably clean and litter-free 
condition, including the removal of all refiise 
blown or deposited upon the site. The contractor 
shall provide a sufficient number of refuse recep- 
tacles or bulk containers for the disposal of loose 
debris, building material waste, and other refuse 
produced by those working on the site and shall 
maintain the site in such a manner as to prevent 
its dispersal by the wind or other elements. The 
sidewalks and streets shall be maintained in a 
clean manner and free from dirt or other mate- 
rials produced by the demolition or construction. 

(b) 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 applica- 
tion materials, placement of placards and signs, 
implementation of the good neighbor policy, site 
conditions, accessibility of sidewalks and streets. 



(c) Good Neighbor Policy. Notwithstand- 
ing the above, if a permittee does not require use 
of the permit area for all hours covered by the 
permit, the permittee shall allow members of the 
public to park vehicles in legal parking spaces. 
Rules governing the good neighbor policy shall 
be developed pursuant to Section 724.4(b). 
(Amended by Ord. 31-85, App. 1/17/85; Ord. 
401-87, App. 9/25/87; Ord. 180-02, File No. 021067, 
App. 8/29/2002; Ord. 77-03, File No. 021854, 
App. 5/2/2003) 



Supp. No. 10, July/August 2007 



[INTENTIONALLY LEFT BLANK] 



Supp. No. 10, July/August 2007 



887 



Miscellaneous 



Sec. 724.6. 



When such orders, poHcies, regulations or rules 
will affect the operations and enforcement of the 
Department of Parking and Traffic, the Director 
of the Department of Public Works shall consult 
with and provide an opportunity to comment to 
the Director of the Department of Parking and 
Traffic prior to adoption of such orders, policies, 
regulations, or rules. (Amended by Ord. 499-77, 
App. 11/4/77; Ord. 180-02, File No. 021067, App. 
8/29/2002) 

SEC. 724.5. EXCEEDmG PERMISSIBLE 
USE OR OCCUPATION WITHOUT 
PERMISSION—PENALTY FEE AND 
CRIMINAL PENALTY. 

(a) If the Director of Public Works deter- 
mines that the permittee has exceeded the scope 
of the temporary street occupancy permit, either 
in terms of duration or area, or determines any 
other violation of the permit terms or conditions 
has occurred, the Director of Public Works shall 
order the permittee to correct the violation within 
a specified time period. If any person has occu- 
pied public right-of-way without permission for 
purposes of building construction operation or 
for any other purpose, the Director shall imme- 
diately order the violator to vacate the occupied 
area. Should the violation not be corrected as 
ordered or in the case of occupation without a 
permit, the permittee or person shall pay a 
penalty fee of up to $1,000 per day for each day of 
violation. Failure to pay any fee assessed under 
these provisions shall constitute good cause for 
immediate revocation of the temporary street 
occupancy permit or removal of unpermitted 
obstructions, and the project property shall be 
subject to a lien in the same amount, in accor- 
dance with the requirements of Article XX of 
Chapter 10 of the San Francisco Administrative 
Code, commencing with Section 10.230. 

(b) Criminal Penalty. 

(1) Any person who shall violate any of the 
provisions of this Section shall be guilty of an 
infraction at each location where such violation 
occurs. Every violation determined to be an in- 
fraction is punishable by (1) a fine not exceeding 
$100 for the first violation within one year; (2) a 
fine not exceeding $200 for a second violation 



within one year from the date of the first viola- 
tion; (3) a fine not exceeding $500 for the third 
and each additional violation within one year 
from the date of the first violation. 

(2) When a government official authorized 
to enforce this Section has reasonable cause to 
believe that any person has committed an infrac- 
tion in the official's presence that is a violation of 
this Section, the official may issue a citation to 
that person pursuant to California Penal Code, 
Part II, Title 3, Chapters 5, 5C, and 5D. 

(c) Administrative Penalty. In the alter- 
native to the criminal penalty authorized by 
Subsection (b) of this Section for violations of 
Section 724.4(a), Department of Public Works 
officials designated in Section 38 of the Police 
Code may issue administrative citations for vio- 
lations of Section 724(a). The administrative 
penalty shall not exceed $300 for each violation. 
Such penalty shall be assessed, enforced and 
collected in accordance with Section 39-1 of the 
Police Code. (Added by Ord. 31-85, App. 1/17/85; 
amended by Ord. 166-87, App. 5/14/87; Ord. 
322-00, File No. 001917, App. 12/28/2000; Ord. 
180-02, File No. 021067, App. 8/29/2002; Ord. 
87-03, File No. 030482, App. 5/9/2003) 

SEC. 724.6. UNPAID FEES AND 
FAILURE TO RESTORE PAVEMENT; 
WILFUL NONCOMPLIANCE. 

The Central Permit Bureau shall not issue a 
Certificate of Final or Temporary Completion 
and Occupancy for any project for which tempo- 
rary street occupancy applications, permit fees 
or penalty fees are outstanding, or for which any 
required pavement or sidewalk restoration has 
not been satisfactorily completed. In addition, a 
person who is in wilful noncompliance with this 
Section shall not apply for nor be issued a new 
street space occupancy permit unless the Direc- 
tor, by written authorization, grants a waiver to 
this prohibition. Wilful noncompliance shall in- 
clude, without limitation, deliberate acts that 
result in failure to: (a) satisfy any requirements, 
terms, or conditions of this Section, or the orders, 
policies, regulations, rules, or standard plans 
and specifications of the Department or (b) pay 
any outstanding assessments, fees, penalties set 



Sec. 724.6. 



San Francisco - Public Works Code 



888 



forth in this Section that have been finally de- 
termined by the City or a court of competent 
jurisdiction. (Added by Ord. 31-85, App. 1/17/85; 
amended by Ord. 180-02, File No. 021067, App. 
8/29/2002) 

SEC. 724.7. TEMPORARY OCCUPANCY 
OF STREET— ADDITIONAL PERMIT 
REQUIRED. 

(a) Any person seeking to close off more 
than the designated parking lane width, as es- 
tablished in Section 724, and more than V2 of the 
official sidewalk width along the boundary of the 
fronting property must apply for an additional 
temporary street occupancy permit as provided 
for herein. A revocable permit for additional 
temporary street occupancy shall not be issued 
unless an application therefor is made to the 
Director of Public Works, and a fee and a public 
right-of-way assessment cost, as set forth in 
Section 724.8, are paid. The content of applica- 
tions shall be in accordance with the policies, 
rules and regulations of the Director of Public 
Works. All applications shall be on forms pre- 
scribed therefor and shall contain or be accom- 
panied by all information required to assure the 
presentation of pertinent facts for proper consid- 
eration of the case. The application shall include 
both a reasonable estimate of the duration of 
construction, and an explanation of why an ad- 
ditional temporary street occupancy permit of 
the particular dimensions requested is necessary 
and shall be accompanied by a nonrefundable 
additional permit application fee of $353. Re- 
quests for extensions of the original term shall be 
treated as new applications except that the ap- 
plication fee shall be $200. 

(b) No additional temporary street occu- 
pancy permit shall have a term of more than six 
months nor less than one month from the date of 
issuance. At the end of the original term or of any 
subsequent extension, the permittee may apply 
to the Director of Public Works for an extension 
not to exceed six months in duration. The Direc- 
tor of Public Works, in his or her discretion, may 
approve, conditionally approve, or disapprove 
the request for an extension. Said decision will 
be appealable to the Board of Appeals. 



(c) Applicants for additional street space 
shall make a written request for such permit no 
sooner than 30 days prior to initiation of the 
proposed occupation of additional street space. 

(d) Notwithstanding the time period for oc- 
cupancy and permit requests specified above, an 
additional street space permit may be obtained 
on a daily basis, but in no case shall such 
occupancy extend beyond a 2-week term. The fee 
for such daily permits shall be $50 per day with 
no assessment cost. An applicant shall make a 
written request for such daily permit no sooner 
than 3 days prior to initiation of the proposed 
occupation of additional street space. 

(e) Unless otherwise specified, all provi- 
sions of Sections 724 et seq. shall be applicable to 
additional, street space occupancy. (Added by 
Ord. 31-85, App. 1/17/85; amended by Ord. 166- 
87, App. 5/14/87; Ord. 180-02, File No. 021067, 
App. 8/29/2002) 

SEC. 724.8. ASSESSMENT COSTS FOR 
ADDITIONAL STREET SPACE. 

An additional public right-of-way assessment 
cost shall be paid upon the issuance of such 
additional temporary street occupancy permit. 
The assessment cost shall be as follows: (a) for a 
building in Planning Code height district of 80 
feet or less, the cost shall be $4 per additional 
square foot of occupation per month and (b) for a 
building in Planning Code height district of 
greater than 80 feet, the cost shall be $10 per 
additional square foot of occupation per month. 
For purposes of calculating the assessment costs, 
the Department shall use one-month increments 
even though the permittee may occupy for less 
than a one-month term. For the purpose of 
calculating the assessment cost, requests for 
extensions of permits shall be treated as new 
apphcations. (Added by Ord. 31-85, App. 1/17/85; 
amended by Ord. 180-02, File No. 021067, App. 
8/29/2002) 

SEC. 724.9. TEMPORARY OCCUPANCY 
OF STREET— PERMITTEE TO DEFEND 
AND INDEMNIFY CITY AND COUNTY. 

(a) The permittee, or its successors or as- 
signs in interest, by acceptance of the permit 
agrees to indemnify, defend, protect, and hold 



889 



Miscellaneous 



Sec. 725.1. 



harmless the City, including, without limitation, 
each of its commissions, departments, officers, 
agents, and employees (hereinafter in this sub- 
section collectively referred to as "San Fran- 
cisco") from and against any and all actions, 
claims, costs, damages, demands, expense, fines, 
injuries, judgments, liabilities, losses, penalties, 
or suits including, without limitation, attorneys' 
fees and costs (collectively, "claims") of any kind 
allegedly arising directly or indirectly from: 

(1) Any act by, omission by, or negligence of 
the permittee, its contractors, subcontractors, or 
the officers, agents, or employees such entities, 
while engaged in the performance of the work 
authorized by the permit, or while in or about 
the property subject to the permit for any reason 
connected in anyway whatsoever with the per- 
formance of the work authorized by the permit, 
or allegedly resulting directly or indirectly from 
the maintenance, installation, or storage of any 
materials, equipment, or structures authorized 
under the permit; 

(2) Any accident, damage, death, or injury 
to any contractor or subcontractor, or any officer, 
agent or employee of either of them, while en- 
gaged in the performance of the work authorized 
by the permit, or while in or about the property 
for any reason connected with the performance 
of the work authorized by the permit, or arising 
from liens or claims for services rendered or 
labor or materials furnished in or for the perfor- 
mance of the work authorized by the permit; 

(3) Any accident, damage, death, or injury 
to any person(s) or accident, deimage, or injury to 
any real or personal property in, upon, or in any 
way allegedly connected with the work autho- 
rized by the permit fi'om any cause or claims 
arising at any time; and 

(4) Any release or discharge, or threatened 
release or discharge, of any hazardous material 
caused or allowed by permittee about, in, on, or 
under the public right-of-way subject to the per- 
mit or the environment. As used herein, "hazard- 
ous material" means any gas, material, sub- 
stance, or waste which, because of its quantity, 
concentration, or physical or chemical character- 
istics, is deemed by any federal, state, or local 



governmental authority to pose a present or 
potential hazard to human health or safety or to 
the environment. "Release" when used with re- 
spect to hazardous materials shall include any 
actual or imminent disposing, dumping, emit- 
ting, emptying, escaping, injecting, leaching, leak- 
ing, pumping, pouring, or spilling. 

(b) Upon the request of San Francisco, the 
permittee, at no cost or expense to San Fran- 
cisco, must indemnify, defend, and hold harmless 
San Francisco against any claims, regardless of 
the alleged negligence of San Francisco or any 
other party, except only for claims resulting 
directly from the sole negligence or wilful mis- 
conduct of San Francisco. Each permittee specifi- 
cally acknowledges and agrees that it has an 
immediate and independent obligation to defend 
San Francisco from any claims which actually or 
potentially fall within the indemnity provision, 
even if the allegations are or may be groundless, 
false, or fraudulent, which obligation arises at 
the time such claim is tendered to permittee by 
San Francisco and continues at all times there- 
after. In addition, San Francisco shall have a 
cause of action for indemnity against each per- 
mittee for any costs San Francisco may be re- 
quired to pay as a result of defending or satisfy- 
ing any claims that arise from or in connection 
with the permit, except only for claims resulting 
directly from the sole negligence or wilful mis- 
conduct of San Francisco. Permittee agrees that 
the indemnification obligations assumed under 
the permit shall survive expiration of the permit. 
(Added by Ord. 447-87, App. 11/12/87; amended 
by Ord. 180-02, File No. 021067, App. 8/29/2002) 

SEC. 725. DEBRIS BOX DEFINED. 

A debris box is any portable non-vehicular 
container offered by its owner for use as a means 
of disposal of waste materials by being placed for 
loading in, and by being transported through the 
streets of the City and County of San Francisco. 
(Added by Ord. 174-67, App. 7/14/67) 

SEC. 725.1. AUTHORIZED USES. 

Debris boxes shall be used only for the fol- 
lowing purposes: 

(a) The loading and transporting of exca- 
vated and waste materials derived from the 
construction, reconstruction, alteration, or demo- 
lition of real property stmctures; 



Sec. 725.1. 



San Francisco - Public Works Code 



890 



(b) The removal of debris and waste mate- 
rials not required by law to be otherwise dis- 
posed of by owners, lessees or occupants of real 
property (Added by Ord. 174-67, App. 7/14/67) 

SEC. 725.2. REGISTRATION OR PERMIT 
REQUIRED FOR PLACEMENT. 

(a) No person, firm, or corporation owning a 
debris box or debris boxes shall place such box or 
boxes, or permit the same, in any street areas of 
the City and County of San Francisco without 
first registering with the Department of Public 
Works and obtaining either a registration num- 
ber or permit for each debris box from the 
Department of Public Works. A registration num- 
ber or permit shall be required for every debris 
box whether or not such box will be used to serve 
a project for which a street occupancy or building 
permit, or both, has been issued. 

(b) If the person, firm, or corporation elects 
to obtain permits for each debris box, a new 
permit shall be required for a substitute box at 
any one location. 

(c) The Director of Public Works shall not 
issue registration numbers or permits to a debris 
box owner unless the owner has provided a bond 
in the amount of $5,000 in the format specified 
by the Director to guarantee compliance with 
this Article. (Amended by Ord. 72-87, App. 3/20/ 
87) 

SEC. 725.3. REGISTRATION OR PERMIT 
CONDITIONS AND INSPECTION FEES. 

(a) Registration Option. Registration num- 
bers shall be valid for one year, and shall be 
renewed annually, from the date established by 
the Director of Public Works. The registration 
and inspection fee for each box shall be $250 
annually. The registration numbers shall be af- 
fixed securely to the exterior of either end of the 
debris box. A list of debris box registration num- 
bers shall be kept on file in the City Engineer's 
office. 

(b) Permit Option. Each permit issued 
shall be valid for the duration of each debris box 
placement for any one location. The permit issu- 
ance and inspection fee shall be $20 for each 



permit issued. The permits shall be affixed se- 
curely to the exterior of either end of the debris 
box. A list of the location and permit number for 
each permit issued shall be kept on file in the 
City Engineer's office. 

(c) Removal By Director. The Director of 
Public Works is authorized to order the immedi- 
ate removal of a debris box when, in his or her 
opinion, the debris box constitutes a safety haz- 
ard or public nuisance, or when the presence of 
an emergency requires removal of the debris box. 
After notification by the Director of the removal 
order the debris box shall be removed immedi- 
ately from the street area by its owner. If the 
owner does not remove the debris box immedi- 
ately, the Director may order the Department of 
Public Works to remove the debris box. The 
owner shall pay to the City the costs of removal. 
No debris box shall be placed at that location 
until the conditions which have caused the re- 
moval order shall have been abated to the satis- 
faction of said Director. (Amended by Ord. 72-87, 
App. 3/20/87; Ord. 255-92, App. 8/7/92) 

SEC. 725.4. NONLIABILITY OF SAN 
FRANCISCO; SAVE HARMLESS CLAUSE. 

Each registration number certificate or per- 
mit issued for a debris box shall provide that it is 
granted on the condition that the owner shall 
indemnify and save harmless the City and County 
of San Francisco, and its officers and employees, 
from any and all claims, losses, damages, inju- 
ries and liabilities, howsoever the same may be 
caused and regardless of the negligence of the 
City and County of San Francisco, resulting 
directly or indirectly from the presence of the 
debris box on the street, and that the acceptance 
of the registration shall bind the owner to so 
indemnify and save harmless the City and County 
of San Francisco and its officers and employees. 
(Amended by Ord. 72-87, App. 3/20/87) 

SEC. 725.5. PLACEMENT OF BOXES. 

(a) A debris box shall be placed in the road- 
way area of the street parallel to the curb with 
its outer edge no more than eight feet from the 
face of the curb. Its placement shall be further 
subjected to all laws relating to the prohibition of 




891 



Miscellaneous 



Sec. 725.10. 



parking unless specifically exempted from com- 
pliance therewith by written approval of the 
Director of Public Works. Further, no debris box 
shall be placed in the sidewalk area without 
permission of said Director. The duration of each 
debris box placement shall be limited to not more 
than seven days. 

(b) No debris box approved by the Director 
of Public Works to be placed in a residential area 
shall be delivered or removed for transport be- 
tween the hours of 7:00 p.m. and 6:00 a.m. 
(Amended by Ord. 72-87, App. 3/20/87; Ord. 
281-91, App. 7/3/91) 

SEC. 725.6. REFLECTORS AND 
STRIPING. 

There shall be installed, on the exterior of the 
ends of each debris box, four reflective type 
warning devices, each having a red reflecting 
area of at least three inches in diameter. The 
devices shall be so placed that one device shall be 
located near each edge that abuts the side of the 
box and that they shall be no less than 24 inches 
or more than 45 inches from ground level. Fur- 
ther, both ends of each box shall be painted 
entirely in four-inch wide alternate color diago- 
nal stripings, the colors for which shall be as 
approved by the Director of Public Works. (Added 
by Ord. 174-67, App. 7/14/67) 

SEC. 725.7. IDENTIFICATION OF 
OWNER. 

The owner's name, address, telephone num- 
ber and the debris box identification number 
shall be clearly imprinted on both sides of each 
box in a manner approved by the Director of 
Public Works. Imprinting other than such iden- 
tification of the owner and posting of advertise- 
ments are prohibited. (Amended by Ord. 72-87, 
App. 3/20/87) 

SEC. 725.8. COVERS REQUIRED FOR 
TRANSPORTING. 

All contents of a debris box shall be com- 
pletely covered at all times while being trans- 
ported through the city streets. (Added by Ord. 
174-67, App. 7/14/67) 



SEC. 725.9. PENALTIES. 

(a) The placement of a debris box on a street 
without a registration number or permit as re- 
quired in Section 725.2 shall constitute an infrac- 
tion punishable by a fine of $100. The nonpay- 
ment of such fine, or the existence of a condition 
in violation of any of the regulations of Sections 
725.3, 725.5, 725.6, 725.7 and 725.8, shall be 
grounds for the Director of Public Works to 
prohibit placement of debris boxes in streets by 
the debris box owner until such penalty has been 
paid or the condition corrected. 

(b) Further, a violation of any regulation in 
Sections 725.3, 725.5, 725.6, 725.7, 725.8 shall 
constitute: 

(1) An infraction punishable by a fine of 
$100, or 

(2) A misdemeanor, and any person, firm, or 
corporation upon conviction of such violation 
shall be punished by a fine of not more than $500 
or by imprisonment in the County Jail for a 
period of not more than five days, or by both such 
fine and imprisonment. (Amended by Ord. 72-87, 
App. 3/20/87) 

SEC. 725.10. REMOVAL OF DEBRIS 
BOXES. 

(a) The Director is hereby authorized to 
remove, or cause to be removed, any debris box 
placed in a street or sidewalk area in violation of 
the requirements of Sections 725 — 725.9 of this 
Article. Removal shall take place no earlier than 
48 hours afi;er notice is given describing the 
violation(s). The notice shall be both mailed to 
the debris box owner and placed in a conspicuous 
manner on the debris box, and shall contain the 
following: 

(1) The condition(s) violated, 

(2) The date and time of posting, 

(3) The location of the debris box, 

(4) The identify of the person giving the 
notice, 

(5) A statement giving notice of 48 hours to 
remedy the violation(s). 



Sec. 725.10. 



San Francisco - Public Works Code 



892 



(b) Debris boxes which have been removed 
may be recovered upon pajrment of a sum equal 
to the cost of removing said boxes including a 20 
percent charge for administrative costs as deter- 
mined by the Department of Public Works, and 
any costs incurred by the Department of Public 
Works in disposing of any materials contained in 
the debris boxes. Costs incurred as a result of 
removal under this Section are in addition to any 
fines or penalties incurred under Section 725.9. 
(Added by Ord. 72-87, App. 3/20/87) 

SEC. 725.11. RULES AND 
REGULATIONS. 

The Director is hereby authorized to promul- 
gate rules and regulations for compliance with 
Sections 725-725.10. (Added by Ord. 72-87, App. 
3/20/87) 

SEC. 725.12. SEVERABILITY. 

If any section, subsection, subdivision, para- 
graph, sentence, clause, or phrase of Sections 
725-725.10 of this Article or any part thereof is 
for any reason held to be unconstitutional, in- 
valid or ineffective by any court of competent 
jurisdiction, such decision shall not affect the 
validity or effectiveness of the remaining por- 
tions of Sections 725-725.10 of this Article or any 
part thereof The Board of Supervisors hereby 
declares that it would have passed each section, 
subsection, subdivision, paragraph, sentence, 
clause, or phrase thereof irrespective of the fact 
that any one or more sections, subsections, sub- 
divisions, paragraphs, sentences, clauses, or 
phrases be declared unconstitutional, invalid, or 
ineffective. (Added by Ord. 72-87, App. 3/20/87) 

SEC. 726. MOBILE STORAGE 
CONTAINERS ON PUBLIC 
RIGHT-OF-WAY— PERMITS REQUIRED. 

(a) Mobile Storage Container Permits. 

An annual and an individual location permit 
shall be required to occupy any part of the street 
or sidewalk with a mobile storage container. For 
purposes of this Section, mobile storage con- 
tainer shall mean a moveable container that is 
temporarily placed on the public right-of-way 
and is used by property owners or tenants for 



short-term storage of items, including, but not 
limited to, clothing, equipment, goods, household 
or office fixtures or furnishings, materials, and 
merchandise. Said containers shall be used only 
for the purpose of loading and transporting the 
items specified above or as set forth in the orders 
and regulations of the Department. 

(b) Annual Permit. Each company or indi- 
vidual that operates a mobile storage container 
business and plans to locate said containers on 
the public right-of-way in San Francisco shall 
obtain an annual permit from the Department of 
Public Works. Said permit will entitle the permit 
holder to place mobile storage containers on the 
public right-of-way subject to the provisions of 
Sections 726 et seq. 

(1) An applicant for an annual permit shall 
submit to the Department a written request for a 
permit no sooner than 15 days prior to initiation 
of the first occupation of the public right-of-way 
with a mobile storage container. The application 
shall contain the name of the company or indi- 
vidual seeking the annual permit, local contact 
information, an annual permit fee of $500.00, 
the deposit set forth in Section 726.3, and any 
other information specified in Departmental or- 
ders or regulations. 

(2) The Director, in his or her discretion, 
may approve, conditionally approve, or disap- 
prove an annual mobile storage container per- 
mit. 

(3) The Director's decision on an annual 
permit shall be appealable to the Board of Ap- 
peals. 

(c) Individual Location Permit. An indi- 
vidual location permit shall be obtained for each 
mobile storage container that will be placed on 
the right-of-way. 

(1) Only annual permit holders may apply 
for an individual location permit. Said permit 
holders shall submit a written request to the 
Department no later than three days prior to 
occupation of the public right-of-way with a 
mobile storage container at a particular location. 
The application shall contain the name of the 
annual permit holder, local contact information 
for the permit holder, the proposed location of 



893 



Miscellaneous 



Sec. 726.2. 



the mobile storage container(s), name and con- 
tact information for the property owner or tenant 
who will use the container, and any other infor- 
mation specified in Departmental orders or regu- 
lations. 

(2) An individual location permit fee shall 
be $50.00 for one day, where the permit is to be 
issued for a period not to exceed 24 hours, or 
$100.00 for the first three days of occupancy on 
the right-of-way. Thereafter, the fee amount shall 
be $50.00 per container per day of occupancy on 
the right-of-way location. Said fee or fees may be 
paid separately for each individual location per- 
mit or deducted from the deposit, set forth in 
Section 726.3. 

(3) No individual location permit shall be 
issued for a period that exceeds seven days. 

(4) The Director, in his or her discretion, 
may approve, conditionally approve, or disap- 
prove an individual location permit for the mo- 
bile storage container. 

(5) The Director's decision on an individual 
location permit shall be appealable to the Board 
of Appeals. 

(d) All mobile storage container permits, 
whether annual or individual location, are revo- 
cable at the will of the Director. In addition, 
when, in the judgement of the Director, the 
public interest or convenience will be served by 
removal or relocation of a mobile storage con- 
tainer from the public right-of-way, the Director 
shall modify, condition, or revoke the permit 
accordingly. 

(e) The fees set forth above shall be re- 
viewed and modified, as applicable, pursuant to 
Section 724(e). (Added by Ord. 170-03, File No. 
021726, App. 7/3/2003; amended by Ord. 36-04, 
File No. 040055, App. 3/19/2004) 

SEC. 726.1. SITEVG OF THE MOBILE 
STORAGE CONTAINER. 

(a) A mobile storage container shall not 
occupy more than the designated parking lane 
width or more than V2 of the official sidewalk 
width along the boundary of the fi'onting prop- 
erty unless the Director grants permission for a 
variance of the standard. 



(b) Mobile storage containers shall be placed 
level to the slope the public right-of-way, parallel 
to the curb, and in front of the property owned or 
leased by the individual or entity renting the 
mobile storage container. No mobile storage con- 
tainer shall be located on a public right-of-way 
with a slope greater than 17%. No portion of a 
mobile storage container shall extend over park- 
ing lane, over a warped driveway, or over a 
subsidewalk basement elevator. 

(c) Mobile storage containers shall not ex- 
ceed weight maximums specified in the 
Department's street loading design parameters. 

(d) No mobile storage container that is or 
will be placed in a residentially zoned area shall 
be delivered or removed for transport between 
the hours of 7:00 p.m. and 6:00 a.m. 

(e) Additional siting requirements shall be 
those set forth for temporary street occupancy 
pursuant to Public Works Code Section 724(a)(2)- 
(4) and in the orders and regulations of the 
Department. In addition, a minimum clearance 
of six feet shall be maintained at all times on 
sidewalks within the C-3 zoning district. 

(f) No exception from the siting require- 
ments shall be authorized unless a permittee 
makes a written request for such exception to the 
Director. The Director, in his or her own discre- 
tion, may approve, conditionally approve, or deny 
such exception. (Added by Ord. 170-03, File No. 
021726, App. 7/3/2003) 

SEC. 726.2. INDIVIDUAL LOCATION 
PERMIT SIGNS TO BE POSTED ON 
CONTAINERS. 

(a) An individual location permit sign shall 
be posted on the street-facing side of each stor- 
age container. The sign shall include the name of 
the annual permit holder, a 24-hour local contact 
person and telephone number for such permit- 
tee, the name and address of the property owner 
or tenant who is renting the storage container, 
the duration of the permit with the start and 
stop date, a geographic description of the public 
right-of-way occupied under the permit, the an- 
nual and individual location permit numbers, 
and the Department's street space hotline tele- 



Sec. 726.2. 



San Francisco - Public Works Code 



894 



phone number. All information contained on the 
sign shall be legible. An additional sign shall be 
posted on the storage container's side that faces 
the fronting property. This informational sign 
shall include a 24-hour local contact person and 
telephone number for the permittee and the 
Department's street space hotline telephone nxmi- 
ber. The Department shall provide sign tem- 
plates for each annual permit holder. It shall be 
the responsibility of the annual permittee to 
insert the required information, mount the sign, 
keep the sign posted during the entire term of 
the permit, and ensiure proper maintenance of 
the sign. (Added by Ord. 170-03, File No. 021726, 
App. 7/3/2003) 



SEC. 726.3. 
DEPOSIT. 



ANNUAL PERMITTEE 



(a) Each annual permit applicant shall sub- 
mit and maintain with the Department a bond, 
cash deposit, or other security acceptable to the 
Department securing the faithful performance of 
the obligations of the annual permittee under 
any permit(s) for mobile storage containers and 
the compliance with all terms and conditions of 
this Section (the "deposit"). The deposit shall be 
in the sum of $30,000 in favor of the "Depart- 
ment of Public Works, City and County of San 
Francisco." 

(b) An annual permittee may request the 
Department to deduct the individual location 
permit fees from a single deposit. After approv- 
ing such request, the Department will automati- 
cally deduct said permit fees so long as a con- 
stant balance of $25,000 is maintained on file 
with the Department. If the permittee elects to 
renew his or her annual permit and the permittee's 
deposit exceeds $30,000, the Department shall 
refund the excess to the permittee unless the 
permittee requests that the excess be applied to 
a new annual permit or other charges pursuant 
to Sections 726 et seq. If the permittee elects to 
terminate his or her permit at any time during 
the annual permit term or if the permittee fails 
to renew his or her annual permit, the Depart- 
ment shall refund the deposit less any outstand- 



ing obligation owed to the Department pursuant 
to Sections 726 et seq. (Added by Ord. 170-03, 
File No. 021726, App. 7/3/2003) 

SEC. 726.5. INSURANCE 
REQUIREMENTS FOR ANNUAL PERMIT 
HOLDER. 

(a) Each annual permittee shall maintain 
in full force and effect throughout the term of the 
permit, an insurance policy or policies issued by 
an insurance company or companies satisfactory 
to the City's Controller and Risk Manager. Policy 
or policies shall afford insurance covering all 
operations, vehicles, and employees, as follows: 

(1) Workers' compensation with employers' 
liability limits not less than $1,000,000 each 
accident. 

(2) Commercial general liability insurance 
with limits not less than $1,000,000 each occur- 
rence combined single limit for bodily injury £ind 
property damage, including contractual liability, 
personal injury, explosion, collapse, and under- 
ground (xcu), products, and completed opera- 
tions, and 

(3) Business automobile liability insurance 
with limits not less than $1,000,000 each occur- 
rence combined single limit for bodily injury and 
property damage, including owned, nonowned, 
and hired auto coverage, as applicable. 

(b) Said policy or policies shall include the 
City and its officers and employees jointly and 
severally as additional insureds, shall apply as 
primary insurance, shall stipulate that no other 
insurance effected by the City will be called on to 
contribute to a loss covered thereunder, and 
shall provide for severability of interests. Said 
policy or policies shall provide that an act or 
omission of one insured, which would void or 
otherwise reduce coverage, shall not reduce or 
void the coverage as to any other insured. Said 
policy or policies shall afford full coverage for 
any claims based on acts, omissions, injury, or 
damage which occurred or arose, or the onset of 
which occurred or arose, in whole or in part, 
during the policy period. Said policy or policies 



895 



Miscellaneous 



Sec. 726.7. 



shall be endorsed to provide 30 calendar days 
advance written notice of cancellation or any 
material change to the Department. 

(c) Should any of the required insurance be 
provided under a claims-made form, the insured 
annual permittee shall maintain such coverage 
continuously throughout the term of the permit 
to the effect that, should occurrences during the 
term of the permit give rise to claims made after 
expiration or termination of the permit, such 
claims shall be covered by such claims-made 
policies. 

(d) Such insurance shall in no way relieve 
or decrease annual permittee's obligation to in- 
demnify the City under Section 724.9. 

(e) Certificates of insurance, in the form 
satisfactory to the Department, evidencing all 
coverages above, shall be furnished to or main- 
tained on file with the Department before issu- 
ance of an annual permit, with complete copies of 
policies furnished promptly upon the Department's 
request. (Added by Ord. 170-03, File No. 021726, 
App. 7/3/2003) 

SEC. 726.6. ADDITIONAL 
REQUIREMENTS. 

(a) In addition to the provisions of Sections 
726 et seq., mobile storage container occupancy 
of the public right-of-way shall be subject to 
Sections 724.1(f), 724.2, 724.5, 724.9, and 725.6 
of this Code. 

(b) Mobile storage containers shall be com- 
pletely covered at all times while being trans- 
ported through City streets. 

(c) It shall be the responsibility of the an- 
nual permittee to keep the exterior of his or her 
mobile storage container clean and free of graf- 
fiti at all times. 

(d) Notwithstanding any other applicable 
provisions of this Code, the Director of Public 
Works is authorized to order the immediate 
removal of a mobile storage container when, in 
his or her opinion, the storage container consti- 
tutes a safety hazard or public nuisance, or when 
the presence of an emergency requires removal. 
After the Director's notification of the removal 
order, the responsible annual permit holder or 



person shall immediately remove the storage 
container from the street. If the permittee or 
person does not remove the storage container 
immediately, the Director may order the Depart- 
ment of Public. Works to remove the container. 
The permittee or person shall pay to the City the 
costs of removal. If a permittee does not pay such 
cost, the Director shall deduct said cost from the 
permittee's deposit. No mobile storage container 
shall be placed at that location until the condi- 
tions, which have caused the removal order, 
shall have been abated to the satisfaction of said 
Director. In addition, any use of the mobile 
storage containers that is inconsistent with Sec- 
tions 726 et seq. shall be grounds for immediate 
removal. 

(e) A person who is in wilful noncompliance 
with Sections 726 et seq. shall not apply for nor 
be issued an annual mobile storage container 
permit or an individual location permit unless 
the Director, by written authorization, grants a 
waiver to this prohibition. Wilful noncompliance 
shall include, without limitation, deliberate acts 
that result in failure to: (1) satisfy any require- 
ments, terms, or conditions of Sections 726 et 
seq., or the orders, policies, regulations, rules, or 
standard plans and specifications of the Depart- 
ment or (2) pay any outstanding assessments, 
fees, or penalties set forth in Sections 726 et seq. 
that have been finally determined by the City or 
a court of competent jurisdiction. (Added by Ord. 
170-03, File No. 021726, App. 7/3/2003) 

SEC. 726.7. ORDERS AND 
REGULATIONS. 

The Director may adopt such orders, policies, 
regulations, rules, or standard plans and speci- 
fications 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, place- 
ment of and information contained on signs, site 
conditions, accessibility of sidewalks and streets. 
When such orders, policies, regulations, or rules 
will affect the operations and enforcement of the 
Department of Parking and Traffic, the Director 
of the Department of Public Works shall consult 



Sec. 726.7. 



San Francisco - Public Works Code 



896 



with and provide an opportunity to comment to 
the Director of the Department of Parking and 
Traffic prior to adoption of such orders, pohcies, 
regulations, or rules. (Added by Ord. 170-03, File 
No. 021726, App. 7/3/2003) 

SEC. 726.8. SEVERABILITY. 

In adopting this Ordinance, 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 Super- 
visors does not intend to prohibit that which is 
prohibited by Federal or State law or adminis- 
trative regulation. In the event that a court or 
agency of competent jurisdiction holds that Fed- 
eral or State law, rule or regulation invalidates 
any clause, sentence, paragraph, or section of 
Sections 726 et seq. 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 sec- 
tion so that the remainder of Sections 726 et seq. 
shall remain in effect. (Added by Ord. 170-03, 
File No. 021726, App. 7/3/2003) 

SEC. 727. DRIFTING OR BLOWING OF 
SAND OR DIRT DECLARED TO BE A 
PUBLIC NUISANCE. 

Sand or dirt drifting or being blown upon the 
streets or sidewalks or upon the improved pri- 
vate property of any community, neighborhood or 
a considerable portion thereof, within the City 
and County, is hereby declared to be a menace to 
persons, property and/or vehicular traffic and a 
public nuisance. 

SEC. 728. REPORT TO SUPERVISORS- 
RESOLUTION DECLARING NUISANCE. 

Whenever sand or dirt is found to be drifl;ing 
or blowing upon any street, sidewalk, or the 
improved private property of any community, 
neighborhood or considerable portion thereof, in 
the City and County of San Francisco, the Direc- 
tor of Public Works shall cause a survey to be 
made of surrounding property to determine the 



immediate source of such sand or dirt and what 
preventative measures should be taken and re- 
port the same to the Board of Supervisors. The 
Board of Supervisors may then, by resolution, 
declare such blowing or drifting sand or dirt to be 
a public nuisance and said resolution shall refer 
to the street by the name under which it is 
commonly known, and describe the property 
from which said sand or dirt is blowing or has 
blown or drifted by giving the lot and block 
number or numbers of the same according to the 
Assessor's block book, and no other description of 
such property shall be required. Any number of 
streets, sidewalks or pieces of property may be 
included in one and the same resolution. 

SEC. 729. NOTICE TO PLANT COVER 
CROPS OR TAKE OTHER MEASURES TO 
EFFECTIVELY PREVENT SAND OR DIRT 
BLOWING OR DRIFTING FROM PRIVATE 
PROPERTY— POSTING— MAILING- 
FORM— TIME. 

After the passage of said resolution referred 
to in Section 728 hereof, the Director of Public 
Works shall cause to be conspicuously posted in 
front of the lot or lots which are the source or 
sources from which said sand or dirt is drifting, 
or has drifted, and at not more than one hundred 
feet apart, notices entitled "Notice to Abate a 
Nuisance;" such title to be in words not less than 
one inch in height and said notice to be in 
substantially the following form: 

NOTICE TO ABATE A NUISANCE 

Notice is hereby given that the Board of 

Supervisors has by Resolution No. 

found and declared that sand and dirt was or is 
drifting upon Street, be- 
tween Street and 

Street, and/or upon ad- 
jacent improved private property, in the City and 
County of San Francisco, and that said sand and 

dirt is drift;ing or blowing from Lot No. 

in Block No. as per Assessor's Map, 

and that the drift;ing and blowing of said sand 
and dirt constitutes a public nuisance which 
must be abated by the planting of cover crops on 
said property from which said sand or dirt is 



897 



Miscellaneous 



Sec. 730. 



drifting or blowing or by such other means as 
shall effectively prevent said sand or dirt from 
blowing or drifting from said lot or lots. If effec- 
tive measures to abate said nuisance are not 
taken within five days after the conclusion of the 
hearing provided for and announced herein, the 
Director of Public Works shall take such steps as 
shall be necessary to effectively abate said nui- 
sance, in which case the costs thereof shall be 
assessed upon the lots and lands upon which 
such measures are taken and said costs will 
constitute a lien upon such lots or land until 
paid. Reference is hereby made to said resolution 
for further particulars. 

All property owners having any objections to 
the proposed measures to abate said nuisance 
are hereby notified to attend a meeting of the 
Board of Supervisors of the said City and County 

of San Francisco to be held on the day 

of , 19 , when their objec- 
tions will be heard and given due consideration. 

Dated this day of , 19 

DIRECTOR OF PUBLIC WORKS. 

By 



Secretary 

Said notice shall be posted at least five days 
prior to the time for hearing objections by the 
Board of Supervisors. 

In addition to said posting, the Secretary of 
the Department of Public Works shall cause to be 
mailed, at least five days prior to the hearing, 
postage prepaid, a copy of such order to each 
property owner whose name appears upon the 
assessment book of the City and County current 
at the time of the mailing of such order, and 
whose property is to be assessed for the proposed 
work. In case any lot, piece or parcel of land 
liable to be assessed for such work be assessed on 
such assessment book to "unknown owners," 
then no copy of such order need be mailed to the 
owner thereof. 

The mailing of such copy of such order shall 
be to the address as the same appears upon the 
said assessment book as indicating the address 
of the owner of the property to be assessed for 
such work and in case no such address appears 



upon said assessment book, then the mailing of 
such copy may be made either to an address 
designated in the last issue of the city directory 
having relation to a name corresponding to that 
of such owner, if such a name appear therein, or 
to an address obtainable from any other prob- 
ably reliable source of information that may be 
conveniently available to the person performing 
such mailing, or such mailing to such owner may 
be made to the general delivery of the post office 
at the City and County. 

Such requirement for such mailing of the 
copies of the order of intention shall not be 
deemed jurisdictional, and the failure of the said 
property owners, or any of them, to receive said 
copies of the said order, or any error or omission 
in relation to the said mailing of the same, shall 
in nowise affect the validity of the proceeding or 
prevent the Supervisors from acquiring jurisdic- 
tion to order the proposed work. Knowledge of 
the making of such order of intention acquired by 
any such owner, prior to the date of action 
thereon, in any manner other than by mailing to 
him a copy of such order, shall be deemed the 
equivalent of such mailing for all purposes to be 
subserved thereby. 

SEC. 730. HEARING— OBJECTION- 
DECISION. 

At the time stated in the notices, the Board of 
Supervisors shall hear and consider all objec- 
tions or protests, if any, to the proposed mea- 
sures to be taken to prevent sand or dirt blowing 
or drifting from the named lots and lands, and 
may continue the hearing from time to time. 
Upon the conclusion of said hearing, the Board of 
Supervisors, by resolution, shall allow or over- 
rule any or all objections to the proposed mea- 
sures to abate said nuisance, whereupon the 
Board of Supervisors shall be deemed to have 
acquired jurisdiction to proceed and perform the 
work of planting cover crops, or taking such 
other measures as may be necessary to prevent 
sand or dirt from drifting or blowing from said 
property or properties, and the decision of the 
said Board on the matter shall be deemed final 
and conclusive. 



Sec. 731. 



San Francisco - Public Works Code 



898 



SEC. 731. RESOLUTION ORDERING 
ABATEMENT— OWNERS MAY TAKE 
NECESSARY ACTION TO ABATE. 

After final action has been taken by the 
Board of Supervisors on the disposition of any 
protests or objections, or in case no protests or 
objections have been received, the Board of Su- 
pervisors of the City and County of San Fran- 
cisco, by resolution, shall order the Director of 
Public Works to plant cover crops, or to take such 
other measures as he may deem necessary to 
abate said nuisance and said Director of Public 
Works is hereby expressly authorized to enter 
upon private property for that purpose. 

Any property owner whose property is posted 
as provided in Section 729 hereof shall have the 
right to take any action which will effectively 
prevent the blowing or drifting of said sand or 
dirt from his property; provided, that such mea- 
sures must be taken within five days after the 
conclusion of the hearing provided for in Section 
729 hereof Such action must be approved by the 
Director of Public Works and performed in a 
diligent manner and shall be completed so as to 
effectively abate said nuisance within a reason- 
able time, and provided further that such mea- 
sures shall be taken at the expense of said 
property owner. Failure of the owner of any such 
property to diligently prosecute the work neces- 
sary to abate said nuisance shall be authority for 
the Director of Public Works to take the action 
provided for in the first paragraph of this Sec- 
tion. 

SEC. 732. COST— REPORT TO 
SUPERVISORS— NOTICE OF HEARING. 

Upon the completion of the work of abating 
said nuisance by the Director of Public Works, he 
shall submit a detailed report of the cost thereof 
to the Board of Supervisors, apportioning the 
said cost among the respective lots or parcels of 
land on which said work was done. When said 
report has been submitted, the Clerk of the 
Board of Supervisors shall cause a copy thereof 
to be posted in a conspicuous place in the City 
Hall at least three days prior to the hearing on 



said report, and there shall be appended to said 
report, and posted therewith, a notice of the time 
and place of said hearing. 

SEC. 733. HEARING OF REPORT- 
OB JECTIONS— DECISION— SPECIAL 

ASSESSMENT. 

At the time fixed for hearing on said report, 
or at any other time to which said hearing shall 
be continued, the Board of Supervisors shall 
hear said report, together with any objections 
made by any of the property owners liable to be 
assessed, for the work of abating said nuisance, 
and may confirm said report on making such 
modifications therein as the Board shall deem 
proper, and shall adopt said report either as 
submitted or as modified by said Board of Super- 
visors, and shall determine the fair and just 
amount of the cost of abating the said nuisance 
and apportion the same upon the various parcels 
of land mentioned in said report. When said 
report is confirmed by said Board of Supervisors, 
either as originally submitted or as modified by 
said Board, the amount of the cost of abating 
said nuisance as determined by the Board of 
Supervisors, and as apportioned among the re- 
spective lots of land covered by said report, shall 
constitute a lien and charge upon each particular 
parcel of land mentioned in said report. A copy of 
said report, as finally confirmed by the Board of 
Supervisors, shall be delivered to the Assessor 
and a copy also to the Tax Collector of the City 
and County of San Francisco, whereupon it shall 
be the duty of the Assessor to charge against 
each particular lot of land mentioned in said 
report the respective amount assessed against 
said lot, and it shall be the duty of the Tax 
Collector to collect said amount when collecting 
the first installment of City and County taxes 
levied against said lot. Any amount charged 
against any of said lots, if not paid with the first 
installment of City and County taxes, shall be 
subject to the same penalties as would the City 
and County taxes against said lot for nonpay- 
ment thereof. The amount assessed against each 
of said lots, as hereinbefore provided, shall con- 
tinue to be a lien on said respective lots until the 
same is paid. Nothing herein contained shall 



899 



Miscellaneous 



Sec. 735.1. 



prevent the Tax Collector or the Bureau of De- 
linquent Revenue from commencing and pros- 
ecuting an action in the proper court to recover 
the amount assessed against said lot and to 
foreclose the lien existing against said lot for the 
payment of said assessment. All moneys received 
in payment of said lien or charge against said lot 
shall be credited to the fund provided for in 
Section 734 of this Article. 

SEC. 734. FUND TO BE PROVIDED. 

A fund shall be provided to cover the cost of 
abatement of any such nuisance in the City and 
County of San Francisco, said fund to be a 
revolving fund and to be replenished from the 
moneys collected as the result of the special 
assessments provided for herein. 

SEC. 735. BLIGHTED VACANT LOTS AS 
CONSTITUTING PUBLIC NUISANCE. 

(a) Definitions. For purposes of sections 
735 through 735.4, each of the following terms 
shall have the following meaning: 

(1) "Blighted Vacant Lot" means property 
that: 

(A) contains no buildings or structures that 
are occupied, inhabited, used or secured so that 
the public may not gain entry without consent of 
the owner; and 

(B) has any accumulation of filth, garbage, 
decajdng animal or vegetable matter, waste pa- 
per, weeds, vegetation overgrowth, dead or de- 
caying trees, litter, trash, unsanitary debris, 
waste material, animal or human excrement, 
toxic or otherwise hazardous hquids, substances 
and/or material residue, residue from the burn- 
ing of combustible materials or discarded house- 
hold, industrial or mechanical materials, or is 
otherwise not kept in a clean and sanitary con- 
dition. 

(2) "City" means the City and County of San 
Francisco. 

(3) "Director" means the Director of Public 
Works or his or her designee. 



(4) "Property Owner" means the owner of 
record of the property as set forth in the most 
current records of the Tax Assessor, or the owner's 
authorized agent. 

(b) Declaration of Nuisance. Blighted va- 
cant lots are hereby declared a public nuisance 
subject to abatement in accordance with Sections 
735.1—735.4. 

(c) Prohibition. It shall be unlawful for a 
property owner to maintain a blighted vacant lot 
in violation of this Article. (Added by Ord. 265- 
04, File No. 041178, App. 11/4/2004) 

SEC. 735.1. VIOLATIONS. 

(a) Notice of Violation. Where the Direc- 
tor determines that any property constitutes a 
blighted vacant lot in violation of Section 735, 
the Director may issue a notice of violation to the 
property owner. At the time the notice of viola- 
tion is issued, the Director shall take one or more 
photographs of the property showing the blighted 
conditions, and shall make copies of the photo- 
graphs available to the property owner upon 
request. The photographs shall be dated and 
retained as apart of the file for the violation. The 
notice shall generally describe the violation, give 
the owner 15 calendar days from the date of the 
service of the notice to either abate the violation 
or request a hearing on the notice of violation, 
and shall set forth the procedure for requesting a 
hearing on the violation. The notice shall also 
inform the property owner of his or her right to 
request an extension of time pursuant to para- 
graph (b) of this Section in order to abate the 
violation, and further inform the owner that 
where the owner fails to either abate the viola- 
tion or request a hearing within 15 calendar 
days (plus an extension if applicable) from the 
date of service of the notice, the Director may 
initiate proceedings in accordance with Section 
735.3 to enter upon the owner's property and 
abate the violation at the owner's expense. In 
addition, the notice shall inform the owner that 
the minimum charge for abating the violation is 
the greater of $500 or the actual cost to the City, 
(including overhead and administrative costs, as 
well as attorneys' fees where the Director has 



Sec. 735.1. 



San Francisco - Public Works Code 



900 



elected to seek recovery of attorneys' fees). The 
Director shall serve the notice of violation as 
follows: 

(1) One copy of the Notice shall be posted in 
a conspicuous place upon a building or the prop- 
erty. 

(2) One copy of the Notice shall be served 
upon each of the following: 

A. The person, if known, in real or apparent 
charge and control of the premises or property 
involved; 

B. The owner of record. 

(3) The Director may also serve one copy of 
the notice upon any other parties with a recorded 
interest. 

Service required by paragraphs 2 and 3 may 
be made by personal service or by certified mail. 

(b) Extension of time. A property owner 
may receive an extension of an additional 15 
calendar days in which to abate the violation. 
The Director shall grant an extension if the 
Director receives such a request by telephone, in 
writing or by facsimile within the original re- 
sponse period of 15 calendar days set forth in 
subsection (a). The notice of violation issued 
under subsection (a) shall specify the address, 
telephone and facsimile numbers for requesting 
such an extension. An extension under this para- 
graph shall not affect the deadline for a property 
owner to request a hearing on a notice of viola- 
tion. 

(c) Public Property. Where the property is 
owned by a public entity other than the City, the 
Director shall cause removal of the blighted 
condition only after securing the consent of an 
authorized representative of the public entity 
that has jurisdiction over the property. The Di- 
rector shall use all reasonable efforts to mini- 
mize blighted vacant lots on City-owned prop- 
erty, but City-owned property shall not otherwise 
be subject to the requirements of this Article. 
(Added by Ord. 265-04, File No. 041178, App. 
11/4/2004) 



SEC. 735.2. REQUEST FOR HEARING; 
HEARING. 

(a) Request for Hearing. A property owner 
may request a hearing in order to contest the 
notice of violation issued in accordance with 
Section 735.1 by fling with the Director within 
15 calendar days from the date of the notice of 
violation, a request for hearing that specifies in 
detail the basis for contesting the notice of vio- 
lation. 

(b) Notice for and Scheduling of Hear- 
ing. Whenever a hearing is requested pursuant 
to this Section, the Director shall, within seven 
calendar days of receipt of the request, notify the 
property owner of the date, time, and place of the 
administrative review hearing by certified mail. 
Such hearing shall be held no later than 45 
calendar days after the Director receives the 
request, unless time is extended by mutual agree- 
ment of the affected parties. 

(c) Submittals for Hearing. At least five 
City business days prior to the hearing, the 
property owner and the City shall submit to the 
hearing officer and exchange with one another, 
written information including, but not limited to, 
the following: a statement of the issues to be 
determined by the hearing officer, a statement of 
the evidence to be offered at the hearing and the 
identity of any witnesses to appear at the hear- 
ing. 

(d) Hearing Procedure. The hearing shall 
be conducted by a neutral hearing officer from 
outside the Department of Public Works, ap- 
pointed by the Director of Administrative Ser- 
vices. The burden of proof to establish that the 
property is a blighted vacant lot shall be on the 
City. The owner shall be entitled to present 
evidence and demonstrate that his or her prop- 
erty is not a blighted vacant lot. The property 
owner shall also be entitled to present evidence 
and demonstrate that requiring the owner to 
abate the violation would result in an unfair 
hardship. All testimony shall be under oath, and 
witnesses may be cross-examined. The hearing 
officer shall ensure that a record of the proceed- 



901 



Miscellaneous 



Sec. 735.3. 



ings is maintained. The determination of the 
hearing officer after the hearing shall be final 
and not appealable. 

(e) Decision. The hearing officer shall is- 
sue a decision including a summary of the issues 
and the evidence presented, and findings and 
conclusions, within ten calendar days of the 
conclusion of the hearing. A copy of the decision 
shall be served upon the property owner by 
certified mail. The decision shall be the City's 
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. (Added by Ord. 
265-04, File No. 041178, App. 11/4/2004) 

SEC. 735.3. ABATEMENT BY DIRECTOR. 

(a) Following the hearing if the City sus- 
tains its burden of proof, or if the property owner 
does not request a hearing and fails to remedy 
the violation within 15 calendar days (plus the 
extension under Section 735.1(b), if applicable), 
from the date of the notice of violation the 
Director may immediately order that the viola- 
tion be abated. Unless the Director has obtained 
written consent from the property owner to enter 
the property and abate the violation, before such 
abatement may take place, the Director shall 
obtain a court order authorizing the Department 
of Public Works to enter upon the property and 
abate the violation, and give written notice of the 
abatement (Abatement Order) served in accor- 
dance with Section 735.1(a). 

(b) If the hearing officer determines that a 
hardship exists, the Director is authorized to 
abate the violation at no cost to the property 
owner, provided that the owner agrees to hold 
the City harmless from any liability arising from 
the abatement by providing the Director with a 
signed waiver of liability. The Director may de- 
velop forms for this purpose. 

(c) The following procedures shall apply to 
actions by the Director to abate and recover costs 
for abatement of violations of Section 735: 

(1) Abatement Action. After obtaining a 
court order, the Director shall implement the 
Abatement Order. The Director may enter upon 



the property and cause the removal or other 
abatement of the conditions causing the viola- 
tion. Where the Director abates a violation of 
Section 735, the owner shall pay the greater of 
either $500 or the actual cost (including over- 
head and administrative costs, as well as attor- 
neys' fees where the Director has elected to seek 
recovery of attorneys' fees) of abating the viola- 
tion. The Director shall provide an accounting to 
the owner of the costs of the abatement action 
(Abatement Accounting) on a full cost recovery 
basis not later than 30 days from the date the 
abatement action is completed. The Abatement 
Accounting shall include all administrative costs 
incurred by the City in abating the violation. The 
total amount set forth in the Abatement Account- 
ing shall be due and payable by the owner within 
30 days from the date of mailing of the Abate- 
ment Accounting. Property owners seeking to 
challenge the amount of the Abatement Account- 
ing may do so at the hearing authorized under 
Chapter 10, Article XX of the Administrative 
Code. 

(2) Recovery of Attorneys' Fees. At the 

time the abatement action is filed, the Director 
may elect to seek recovery of attorneys' fees 
incurred in an abatement action under this Sec- 
tion. In a case where the Director makes this 
election, the prevailing party shall be entitled to 
recover attorneys' fees. In no event shall the 
award of attorneys' fees to a prevailing party 
exceed the amount of reasonable attorneys' fees 
incurred by the City in the action. 

(3) Lien. If all or any portion of the amount 
set forth in the Abatement Accounting remains 
unpaid after 30 days of the mailing of the Abate- 
ment Accounting, such portion shall constitute a 
proposed lien on the property which was the 
subject matter of the Abatement Action. Except 
as otherwise specified in this subparagraph, such 
liens shall be imposed in accordance with Chap- 
ter 10, Article XX of the Administrative Code. 

(A) In addition to the requirements im- 
posed under Section 10.232 of the San Francisco 
Administrative Code, the notice to the property 
owner of the hearing on the proposed lien shall 
be served in the same manner as a summons in 



Sec. 735.3. 



San Francisco - Public Works Code 



902 



a civil action in accordance with Article 3 (com- 
mencing with Section 415.10) of Chapter 4 of 
Title 5 of Part 2 of the California Code of Civil 
Procedure. Where, after diligent search, the owner 
of record cannot be found, the notice may be 
served by posting a copy in a conspicuous place 
upon the property for a period of ten days and 
publication thereof in a newspaper of general 
circulation. 

(B) Any lien authorized by this Section shall 
specify the amount of the lien, the name of the 
department initiating the abatement proceed- 
ing, the date of the abatement order, the street 
address, legal description and assessor's parcel 
number of the parcel on which the lien is im- 
posed, and the name and address of the recorded 
owner of the parcel. 

(C) Where a lien authorized by this Section 
is discharged, released or satisfied, either through 
payment or foreclosure, the Tax Collector shall 
record a notice of the discharge containing the 
information specified in subparagraph (B). Any 
such notice of discharge shall be subject to the 
Release of Lien Fee imposed pursuant to Section 
10.237 of the San Francisco Administrative Code. 

(4) Special Assessment. Notwithstanding 
anj^hing to the contrary in Article XX of Chapter 
10, pursuant to Section 38773.5 of the California 
Government Code, the Board of Supervisors may 
order that the amount of the lien be specially 
assessed against the parcel. Upon such an order, 
the entire unpaid balance of the costs, including 
any penalty and interest payments on the un- 
paid balance to the date that the Director reports 
to the Board shall be included in the special 
assessment lien against the property. The Direc- 
tor shall report charges against delinquent ac- 
counts to the Board of Supervisors at least once 
each year. At the time the special assessment is 
imposed, the Director shall give notice to the 
property owner by certified mail, and shall in- 
form the property owner that the property may 
be sold by the Tax Collector for unpaid delin- 
quent assessments after three years. The assess- 
ment may be collected at the same time and in 
the same manner as ordinary municipal taxes 
are collected, and shall be subject to the same 



penalties and procedure and sale in case of 
delinquency as provided for ordinary municipal 
taxes. All tax laws applicable to the levy, collec- 
tion and enforcement of ordinary municipal taxes 
shall be applicable to the special assessment. 
However, if any real property to which a cost of 
abatement relates has been transferred or con- 
veyed to a bona fide purchaser for value, or if a 
lien of a bona fide encumbrancer for value has 
been created and attaches thereon, prior to the 
date on which the first installment of taxes 
would become delinquent, then the cost of abate- 
ment shall not result in a lien against the real 
property but instead shall be transferred to the 
unsecured roll for collection. (Added by Ord. 
265-04, File No. 041178, App. 11/4/2004) 

SEC. 735.4. LIMITATION OF LIABILITY. 

By adopting this ordinance, the City is as- 
suming an undertaking only to promote the 
general welfare. It is not assuming, nor is it 
imposing on its officers and employees, an obli- 
gation for breach of which it is liable in money 
damages to any person who claims that such 
breach proximately caused injury. (Added by 
Ord. 265-04, File No. 041178, App. 11/4/2004) 

SEC. 759. TRANSPORTATION OF SAND 
OVER PUBLIC STREETS PROHIBITED. 

It shall be unlawful for any person to use any 
cart, wagon or other vehicle for the purpose of 
transporting sand, earth or rock along or over 
any public street, unless such vehicle be so 
constructed as to prevent the deposit of the 
contents thereof, in whole or in part, in or upon 
any public street along or over which such ve- 
hicle may be driven. 

SEC. 760. PERMIT REQUIRED- 
REVOCATION. 

It shall be unlawful for any person to use any 
vehicle for any of the aforesaid purposes set forth 
in Section 759 of this Article, without first ob- 
taining a permit therefor from the Department 
of Public Works, which permit may be revoked at 
any time by said Department of Public Works for 
just and sufficient cause. 



903 



Miscellaneous 



Sec. 778. 



SEC. 771. DRABVING, ETC., OIL, 
GREASES, ETC., ON STREETS. 

It shall be unlawful for any person, firm, 
association or corporation or agent or employee 
thereof, to drain or dump or deposit upon any 
street, avenue, alley, sidewalk, park, or public 
place, or into any sump, gutter, catchbasin, drain, 
manhole, conduit, sewer, lake or waterway within 
the limits of the City and County of San Fran- 
cisco, any tar, asphaltum, gasoline, lubricating 
oil, greases, waste oil from automobile, motor- 
cycle or truck crankcases, or any by-product of 
petroleum. 

SEC. 776. BLASTING— PERMIT 
REQUIRED. 

It shall be unlawful for any person, firm or 
corporation to explode or cause to be exploded 
any djmamite, gunpowder or other explosive 
material for the purpose of breaking up earth, 
rock, concrete or other material by means of 
blasting; or drill a hole or make a crevice for the 
purpose of inserting any explosive material for 
the purpose of blasting, without first obtaining 
from the Department of Public Works a permit to 
do so. (Amended by Ord. 150-61, App. 6/22/61) 

SEC. 777. BLASTING— APPLICATION 
FOR PERMIT. 

Application for a permit for blasting shall be 
made to the Central Permit Bureau on the form 
provided by that Bureau. (Amended by Ord. 
150-61, App. 6/22/61) 

SEC. 778. BLASTING— FEE TO BE PAID; 
INSURANCE TO BE CARRIED. 

Prior to the receipt of a permit the applicant 
shall deposit with the Central Permit Bureau an 
amount sufficient to cover the cost of the fee 
required for such a permit, and shall file with the 
Central Permit Bureau the original or duplicate- 
original of a single limit liability insurance policy 
or policies as called for herein. 

(a) Fee. The amount of the fee and deposit 
which shall be paid by an applicant will be 
determined by the Department of Public Works 
and will be based upon an estimate of the total 
cost of processing the application and inspecting 



the work, including salary and overhead costs. A 
fee of $40 will be charged for processing the 
application, which amount will be retained by 
the Depairtment in all cases. In addition to this 
fee an amount shall be deposited which will be 
sufficient to cover the estimated total cost of 
inspection services, including salary and over- 
head. At the termination of the blasting work, if 
the cost of inspection is less than the amount 
which was deposited for that purpose, the sur- 
plus shall be refunded to the permittee; and if 
the inspection costs exceed the amount depos- 
ited, the permittee shall be indebted to the 
Department of Public Works for this amount. 

(b) Insurance. The applicant shall procure 
and maintain during the life of the permit a 
policy or policies of public liability and property 
damage insurance issued by an insurer or insur- 
ers satisfactory to the Director of Public Works 
and in form approved by the City Attorney. The 
insurance policy or policies shall insure the ap- 
plicant, the owners of the premises upon which 
the blasting is to take place, the contractor who 
shall actually engage in the blasting, and the 
officers, agents and employees of all such per- 
sons, the Director of Public Works, the City and 
County of San Francisco and its officers, employ- 
ees and agents in their respective capacities. 
Said policy or policies shall insure against liabil- 
ity for damages or bodily injury, wrongful death 
and property damage directly or indirectly re- 
sulting from the nature of the work authorized 
under the permit, the blasting operations con- 
ducted under said permit, or the acts, omissions, 
operations or conduct of the applicant, the con- 
tractor, the owners of the premises upon which 
the blasting is to take place, the Director of 
Public Works, the City and County of San Fran- 
cisco, and the acts or omissions, operations or 
conduct of the officers, employees and agents of 
any of the foregoing, directly or indirectly related 
to the work authorized by the permit and the 
blasting operations conducted thereunder, irre- 
spective of whether fault is the basis of liability, 
and irrespective of whether any act, omission or 
conduct of the Director of Public Works, the City 
and County of San Francisco, its officers, agents 
and employees, connected or unconnected with 



Sec. 778. 



San Francisco - Public Works Code 



904 



the permit, the work or blasting operations au- 
thorized thereunder, is a condition or cause, 
contributory or otherwise, of the accident, injury, 
death or damage. Provided further, that said 
poHcy or poHcies of insurance shall insure against 
liability irrespective of whether the act, omis- 
sion, conduct or operations of the applicant, the 
contractor, or the owner of the premises upon 
which the blasting is to take place, is merely a 
condition rather than a cause of the accident, 
injury, death or damage. 

The amount of the single limit policy shall be 
determined for each permit by the Director of 
Public Works. 

Each policy shall contain a paragraph read- 
ing as follows: 

"This policy is issued to comply, and it does 
comply, with the provisions of Section 778(b) of 
the San Francisco Municipal Code, Part II, Chap- 
ter X, Article 15. If any question shall hereafter 
arise concerning the risks intended to be insured 
against by this policy, said question shall be 
determined by reference to the language of said 
Section 778(b), which said provisions are hereby 
made part of this contract of insurance by refer- 
ence thereto and incorporated herein as if fully 
set forth." 

Each policy covering more than one insured 
shall contain the standard cross-liability provi- 



sion. 



The applicant shall file contemporaneously 
with execution of the permit, and thereafter 
shall maintain with the Department of Public 
Works, the policy or policies of insurance herein 
required, or duplicate originals thereof. Each 
said policy shall provide that no cancellation of 
or reduction in coverage shall become effective 
until at least 10 days after receipt by the Direc- 
tor of Public Works of written notice thereof sent 
registered mail, return receipt requested. If the 
life of the permit extends beyond the expiration 
date of any policy so filed, the renewal of such 
insurance shall be filed with the Department of 
Public Works at least 10 days before such expi- 
ration. 

(c) Indemnification. The applicant shall 
take and assume all responsibility for the work 
and the blasting operations authorized by the 



permit. As between the applicant and the City 
and County of San Francisco, the applicant shall 
bear all losses and damages directly or indirectly 
resulting to the City or others on account of the 
character or performance of the work and the 
blasting operations authorized by the permit, 
unforeseen difficulties, accidents or any other 
causes whatsoever. 

The applicant shall assume the defense of 
and indemnify and save harmless the Director of 
Public Works, the City and County of San Fran- 
cisco, and its officers and employees, from all 
claims, loss, damage, liability and injury of every 
kind, nature or description, directly or indirectly 
resulting from the nature of the work or the 
blasting operations authorized by the permit or 
in any way arising out of the permit, the issu- 
ance thereof, or the work or blasting operations 
authorized thereunder, irrespective of whether 
fault is the basis of liability or claim, and irre- 
spective of whether any act, omission or conduct 
of the Director of Public Works, the City and 
County of San Francisco, or its officers, agents 
and employees, connected with the permit, or the 
work or blasting operations authorized under 
the permit, is a condition of or cause, contribu- 
tory or otherwise, of the claim, loss, damage, 
liability or injury. Provided further, that such 
indemnification shall be irrespective of whether 
the act, omission or conduct of the applicant is 
merely a condition, rather than a cause, of the 
claim, loss, damage, liability or injury. (Amended 
by Ord. 150-61, App. 6/22/61; Ord. 401-87, App. 
9/25/87) 

SEC. 779. BLASTING— USE OF 
EXPLOSIVES. 

In addition to the applicable requirements of 
the California Health and Safety Code, the Safety 
Orders issued by the Division of Industrial Safety, 
Department of Industrial Relations of Califor- 
nia, or any other applicable State or City and 
County laws or regulations, the following regu- 
lations shall be complied with: 

(a) Blasting operations shall be conducted 
only during the hours determined by the Depart- 
ment and specified on the permit. 



905 



Miscellaneous 



Sec. 786. 



(b) The type of explosive material to be used 
shall be approved by the Department and speci- 
fied on the permit. 

(c) Only electric blasting caps shall be used. 

(d) When directed by the Department a 
protective mat shall be used to cover the explo- 
sive areas. 

(e) The Department reserves the right to 
halt any blasting operation when, in the opinion 
of the Department representative, such opera- 
tion is not under the supervision of a competent 
person having the abilities which qualify him to 
safely perform the work. (Added by Ord. 150-61, 
App. 6/22/61) 

SEC. 780. BLASTING— MONEY 
DEPOSITED TO DEFRAY INSPECTION 
COSTS. 

All moneys paid for inspection services to the 
Department of Public Works under the provi- 
sions of Section 778 shall be deposited with the 
Treasurer to the credit of the appropriation for 
"Engineering Inspection." (Added by Ord. 150- 
61, App. 6/22/61) 

SEC. 783. PROPERTY BELOW GRADE- 
BARRIERS REQUIRED. 

Every person, firm or corporation owning or 
having control of any premises fronting on any 
public street, and below the grade thereof, must, 
within five days after notice from the Director of 
Public Works, requiring the owner or person 
having control of such premises so to do, erect, 
without cost or expense to the City and County, a 
suitable barrier or barricade, upon the inner line 
of the sidewalk in front of such premises. 

SEC. 784. LIGHTS AND BARRIERS IN 
STREETS WHEN REQUIRED. 

Every person, firm or corporation, including 
the City and County of San Francisco, under 
whose immediate direction or authority, either 
as principal, contractor, or employer, any portion 
of any public street, park or way may be made 
dangerous, must erect and so long as the danger 
may continue maintain around the portion of 
such street, park or way so made dangerous, a 



substantial barrier and cause to be maintained 
at both ends of such barrier and at such other 
portions thereof as may be deemed necessary by 
the Director of Public Works during every night 
from sunset until daylight, lighted lanterns and 
flares. 

Said barrier shall also be marked, designated 
or delineated by a reflector or reflectors or other 
device or devices which shall properly warn 
persons of said dangerous condition in the event 
of failure of the lighted lamtems or flares to 
operate properly, or when the use of said lighted 
lanterns or flares be prohibited during periods of 
dimout or blackout required of the general pub- 
lic. The type, character and number of said 
reflectors or devices shall be designated and 
approved by the Director of Public Works pro- 
vided, however, that whenever the City and 
County of San Francisco or any of its depart- 
ments or agencies is having work performed 
under contract the obligation of maintaining 
barriers, lights, flares, reflectors or other warn- 
ing devices shall rest upon the contractor and not 
upon the City and County of San Francisco, its 
agencies or departments. 

SEC. 786. STREET ENCROACHMENT 
PERMIT. 

No revocable permit for an encroachment on 
a public street or place as defined in Section 244 
of this Code authorized by resolution of the 
Board of Supervisors shall be issued unless ap- 
plication therefor is made to the Director of 
Public Works and a processing fee, in the amount 
of $800 shall have been paid; provided, however, 
that the Board of Supervisors may waive pay- 
ment of the fee provided for herein if it finds that 
a benefit will accrue to the public from a pro- 
posed encroachment. 

Annually, on or before the fifteenth day of 
May in each year, the Controller shall determine 
and report to the Board of Supervisors an esti- 
mate of the average unit cost to be incurred by 
departments, boards and commissions of the 
City and County in processing said applications 
and in issuing said permits for the ensuing fiscal 
year. The Board of Supervisors may thereupon 



Sec. 786. 



San Francisco - Public Works Code 



906 



by resolution revise the amount of the fee here- 
tofore fixed for said permits. (Added by Ord. 
27-75, App. 2/5/75; amended by Ord. 401-87, 
App. 9/25/87) 

SEC. 786.1. CONTENT OF 
APPLICATIONS. 

The content of appUcations shall be in accor- 
dance with the policies, rules and regulations of 
the Director of Public Works. 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 case and for 
the permanent record. The applicant may be 
required to file with his application the informa- 
tion needed for the preparation and mailing of 
notices as specified in Section 786.4. (Added by 
Ord. 27-75, App. 2/5/75) 

SEC. 786.2. REPORTS. 

The Director of Public Works shall forward 
copies of the application for a revocable permit 
for an encroachment on a public street or place to 
the Director of Planning, the Director of Prop- 
erty, the Chief of the Police Department, the 
Chief of the Fire Department, the General Man- 
ager of the Municipal Railway, the Art Commis- 
sion, and to the City Engineer. The Director of 
Public Works shall request a report from each of 
the listed departments concerning the effect of 
the proposed encroachment in relation to their 
duties and responsibilities. The completed re- 
ports shall be returned to the Director of Public 
Works within 60 days of the receipt of the copies 
of the application by the listed departments. The 
departments listed above may request one exten- 
sion of time not to exceed 30 days from the 
Director of Public Works, which extension of 
time shall be granted. (Added by Ord. 27-75, 
App. 2/5/75) 

SEC. 786.3. SCHEDULE OF HEARINGS. 

Upon receipt of the reports from the depart- 
ments listed in Section 786.2, regarding an ap- 
plication for a revocable permit for an encroach- 
ment on a public street or place, the Director of 
Public Works shall set a time and place for a 



hegiring thereon within a reasonable period, not 
to exceed 90 days from the date on which the 
application is made to the Director of Public 
Works. The Director of Public Works shall be 
granted an additional period of 30 days from the 
date on which the application is made to hold the 
public hearing if a time extension has been 
requested as provided in Section 756.2 of this 
ordinance. (Added by Ord. 27-75, App. 2/5/75) 

SEC. 786.4. NOTICE OF HEARING. 

Notice of time, place and purpose of the 
hearing on an application for a revocable permit 
for an encroachment on a public street or place 
shall be given by the Director of Public Works as 
follows: 

(1) By mail, not less than 10 days prior to 
the date of the hearing, to the applicant or other 
person or agency making the application. 

(2) By mail, not less than 10 days prior to 
the date of the hearing, to the owners of all real 
property within 300 feet of all exterior bound- 
aries of the proposed encroachment, using for 
this purpose the names and addresses of the 
owners as shown on the latest city-wide assess- 
ment roll in the office of the Tax Collector. 
Failure to send notice by mail to any such 
property owner where the address of such own- 
ers is not shown on such assessment roll shall 
not invalidate any proceedings in connection 
with such application. 

(3) By posting, not less than 10 days prior to 
the date of the hearing in a public place near the 
boundaries of the proposed encroachment. 

(4) Such other notice as the Director of 
Public Works shall deem appropriate. (Added by 
Ord. 27-75, App. 2/5/75) 

SEC. 786.5. CONDUCT OF HEARINGS. 

(a) Reports. The reports of the depart- 
ments listed in Section 786.2 shall be submitted 
at the hearing on an application for a revocable 
permit for an encroachment on a public street or 
place. 

(b) Record. A record shall be kept of the 
pertinent information presented at the hearing 
on any application for a revocable permit for an 



907 



Miscellaneous 



Sec. 787. 



encroachment on a public street or place, and 
such record shall be maintained as part of the 
permanent public records of the Department of 
Public Works. 

(c) Continuances. The Director of Public 
Works shall determine the instances in which 
cases scheduled for hearing may be continued or 
taken under advisement. 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. 27-75, App. 
2/5/75) 

SEC. 786.6. RECOMMENDATION. 

The Director of Public Works shall forward to 
the Board of Supervisors a recommendation for 
approval, disapproval or modification, including 
applicable conditions, of an application for a 
revocable permit for an encroachment of a public 
street or place. The record of the hearing thereon 
and the list of all parties notified of the hearing 
shall be attached to the Director's recommenda- 
tion. Such recommendation and attachments shall 
be filed with the Clerk of the Board of Supervi- 
sors within 30 days after the hearing was closed. 
(Added by Ord. 27-75, App. 2/5/75) 

SEC. 786.7. PUBLIC RIGHT-OF-WAY 
OCCUPANCY ASSESSMENT FEE FOR 
STREET ENCROACHMENTS. 

(a) The Board of Supervisors reserves the 
right to exact a public right-of-way occupancy 
assessment fee for the use of the street or other 
public right-of-way space permitted under the 
provisions of Sections 786 et seq. 

(b) In accordance with Subsection (a) the 
public right-of-way occupancy assessment fee for 
street encroachments, whether permitted or un- 
permitted, shall be an annual fee of $3.00 per 
square foot of occupancy of the street or other 
public right-of-way space. For purposes of calcu- 
lating the assessment fee, the Department shall 
charge no less than $100.00 per pear even though 
the calculated square footage charge for the 
encroachment may result in a smaller assess- 
ment fee. 



(c) If the Board of Supervisors has imposed 
an annual public right-of-way occupancy assess- 
ment fee for a street encroachment permit, the 
permittee shall pay the greater of the Board- 
adopted fee or the assessment fee set forth in 
Subsection (b). 

(d) The public right-of-way occupancy as- 
sessment fee shall be subject to the review and 
adjustment procediures as set forth in Sections 
2.1.1 et seq. 

(e) The public right-of-way occupancy as- 
sessment fee shall not be charged to any federal, 
state or local governmental agencies, commis- 
sion, or departments. (Added by Ord. 179-05, 
File No. 050986, App. 7/29/2005) 

SEC. 787. STREET VACATIONS. 

(a) Upon petition to the Board of Supervi- 
sors for any street vacation, the Board of Super- 
visors will refer the request to the Director of 
Public Works for investigation and recommenda- 
tion. The street vacation procedure shall be in 
accordance with the applicable provisions of the 
Streets and Highways Code of the State of Cali- 
fornia and such rules and conditions adopted by 
the Board of Supervisors. 

(b) The Board of Supervisors finds that un- 
improved streets in the Bernal Heights area are 
an important open space resource to the citizens 
in the area where the lots are small, the streets 
are narrow and space is at a premium. Therefore 
the Board of Supervisors declares that it is the 
policy of the City and County of San Francisco 
not to vacate miimproved streets and sell, trans- 
fer, or relinquish its interest in the underlying 
property to private ownership in the Bernal 
Heights area bounded by Army Street on the 
north. Mission Street on the west, Interstate 280 
on the south and Highway 101 on the east except 
not to include Esmeralda Avenue, between Brew- 
ster Street and Holladay Avenue. These streets 
shall be kept as open space, unless the Board of 
Supervisors finds that the streets are needed for 
public passage and proposes to improve and 
accept them for the same purpose. (Added by 
Ord. 390-81, App. 7/3/81; amended by Ord. 225- 
87, App. 6/19/87) 



Sec. 788. 



SEC. 788. FEES. 



San Francisco - Public Works Code 



908 



(a) Fees, payable to the Department of Pub- 
lic Works, shall be assessed for investigating and 
processing the street vacation request filed un- 
der this Code. Said fees shall consist of an initial 
payment of $2,500, paid at the time of filing an 
application for street vacation, plus an addi- 
tional sum needed to equal the actual cost to 
Department of Public Works of checking the 
maps, plans and reports, and conducting an 
investigation incidental thereto. Nonprofit orga- 
nizations with tax exempt status under the In- 
ternal Revenue Code, that have filed applica- 
tions on or after January 1, 1985, shall be 
exempt from pa3mient of the initial $2,500 pay- 
ment where the street vacation is necessary for 
the development of senior citizen housing. 

(b) Payment of fees charged under this Code 
does not waive the fee requirements of other 
ordinances and rules and regulations pursuant 
thereto. 

(c) There is hereby created a Street Vaca- 
tion Fund wherein all funds received under the 
provisions of this Section shall be deposited. All 
expenditures from the Fund shall be for engi- 
neering or technical investigations and equip- 
ment directly related to the investigation and 
processing of the street vacation request filed 
under this Code, and all such expenditures are 
hereby appropriated for said purposes. (Amended 
by Ord. 432-86, App. 11/7/86) 

SEC. 789. TITLE. 

These Sections 789 through 789.7 shall be 
known as the Commemorative Street Plaque 
Ordinance. (Added by Ord. 149-96, App. 4/17/96) 

SEC. 789.1. PURPOSE AND INTENT. 

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 commemo- 
rating 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 loca- 
tions of historical interest to residents and visi- 
tors. (Added by Ord. 149-96, App. 4/17/96) 

SEC. 789.2. COMMEMORATIVE STREET 
PLAQUE PLACEMENT PROCEDURES. 

This Section shall govern the procedures gov- 
erning commemoration of historical sites, events 
and persons in locations upon a public street or 
place as defined in Section 244 of this Code. 

(a) The Board of Supervisors may, by reso- 
lution, designate a specific location on a public 
street or place to commemorate a site, event or 
person of historical interest to San Francisco. 

(b) Any person seeking to commemorate a 
site, event or person of historical interest to San 
Francisco on a specific location on a public street 
or place shall file an application with the Depart- 
ment of Public Works. Such application shall be 
filed upon forms prescribed by the Department, 
include all information required by the Depart- 
ment and be accompanied by all required fees set 
by the Department. (Added by Ord. 149-96, App. 
4/17/96) 

SEC. 789.3. SCHEDULE, NOTICE AND 
CONDUCT OF HEARING. 

(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 Depart- 
ment. 

(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 fi-onting the specific location and the 
owners of all real property on either side of the 
specific location requested for commemoration. 




909 



Miscellaneous 



Sec. 790. 



The Department shall use the names and ad- 
dresses 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 infor- 
mation presented at the hearing and such record 
shall be maintained as part of the permanent 
records of the Department. The Director of Pub- 
lic Works shall determine the instances in which 
applications scheduled for hearing may be con- 
tinued. 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) 

SEC. 789.4. DESIGNATION BY BOARD 
OF SUPERVISORS. 

(a) Within 30 days after close of the hear- 
ing, the Department shall forward the applica- 
tion, 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 loca- 
tion on a public street or place to commemorate a 
site, event or person of historical interest to San 
Francisco. (Added by Ord. 149-96, App. 4/17/96) 

SEC. 789.5. SITING AND DESIGN 
GUIDELINES. 

The Department shall develop siting criteria 
for the commemorative plaques and may adopt 
such criteria through departmental orders and/or 
regulations. The Department shall also develop 
design guidelines for the commemorative plaques 
after consulting with the Art Commission. (Added 
by Ord. 149-96, App. 4/17/96) 



SEC. 789.6. OFFICIAL AND 
COMMEMORATIVE MAPS. 

(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) 

SEC. 789.7. FEES. 

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 depos- 
ited into the Engineering Inspection Fund and 
pay for the time and materials required to pro- 
cess 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) 

SEC. 790. SLIP RESISTANT MANHOLE, 
VAULT, AND SUB-SIDEWALK BASEMENT 
COVERS, GRILLES, GRATES, OR OTHER 
LIDS ON THE PUBLIC SIDEWALK. 

(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 sur- 
faces and covers. Said regulations shall be based 
on the U.S. Architectural and Transportation 
Barriers Compliance Board's slip resistant rec- 
ommendations or California Code of Regulations 
Title 24, whichever is more restrictive. The Di- 
rector 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 maxi- 
mum extent feasible, preservation or adaptive 
reuse of such surfaces and covers. The standards 
for these surfaces and covers may deviate from 



Sec. 790. 



San Francisco - Public Works Code 



910 



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; pro- 
vided, however, that in all instances the stan- 
dards 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 viola- 
tion 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 Per- 
mit(s), and remove and replace the non-compli- 
ant 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 Pub- 
lic Works for any costs associated with abating 
the violation. In addition, the Director may as- 
sess additional penalties, costs Eind abatement 
charges in his or her discretion. 

(f) Administrative Penalties. The admin- 
istrative penalties assessed pursuant to subsec- 
tion (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 Direc- 
tor may consider any one or more of the follow- 
ing: 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 sub- 
section (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 com- 
mitted 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 miscon- 
duct, 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. 




911 Miscellaneous Sec. 790. 



(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 autho- 
rized 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 juris- 
diction holds that Federal or State law, rule or 
regulation invalidates any clause, sentence, para- 
graph, or subsection of section 790 or the appli- 
cation thereof to any person or circumstances, it 
is the intent of the Board of Supervisors that the 
court or agency sever such clause, sentence para- 
graph, 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) 



San Francisco - Public Works Code 912 



[The next page is 955] 



ARTICLE 16: URBAN FORESTRY ORDINANCE 



Sec. 


800. 


Title. 


Sec. 


801. 


Purpose. 


Sec. 


802. 


Definitions. 


Sec. 


803. 


Urban Forestry Council; 
Additional Powers and Duties. 


Sec. 


804. 


Jurisdiction. 


Sec. 


805. 


Responsibility for Maintenance 
of Street Trees. 


Sec. 


806. 


Planting and Removal of Street 
Trees. 


Sec. 


807. 


Department of Public Works 
Urban Forestry Program; 
Powers and Duties. 


Sec. 


808. 


Protection of Trees and 
Landscape Material. 


Sec. 


809. 


Hazard Trees; Abatement. 


Sec. 


810. 


Landmark Trees. 


Sec. 


810A. 


Significant Trees. 


Sec. 


810B. 


Sidewalk Landscape Permits. 


Sec. 


811. 


Penalties for Violation of 
Ordinance. 


Sec. 


812. 


Enforcement of Ordinance; 
Designated Employees. 


Sec. 


813. 


Urban Forest Management 
Plan. 


Sec. 


814. 


Severability. 



SEC. 800. TITLE. 

This ordinance shall be known as the San 
Francisco Urban Forestry Ordinance. (Added by 
Ord. 165-95, App. 5/19/95) 

SEC. 801. PURPOSE. 

The San Francisco Urban Forestry Ordi- 
nance is enacted to further the following public 
purposes: 

(a) To realize the optimum public benefits of 
trees on the City's streets and public places, 
including favorable modification of microcli- 
mates, abatement of air and noise pollution. 



reduction of soil erosion and runoff, enhance- 
ment of the visual environment, and promotion 
of community pride; 

(b) To integrate street planting and mainte- 
nance with other urban elements and amenities, 
including but not limited to utilities, vehicular 
and pedestrian traffic, and enhancement of views 
and solar access; 

(c) To promote efficient, cost effective man- 
agement of the City's urban forest by coordinat- 
ing public and private efforts within a compre- 
hensive and professional management system; 

(d) To reduce the public hazard, nuisance, 
and expense occasioned by improper tree selec- 
tion, planting, and maintenance; 

(e) To provide for the creation of an equi- 
table, sustained, and reliable means of funding 
urban-forest management throughout the City; 

(f) To create and maintain a unified urban- 
forest resource, enhancing the City's overall char- 
acter and sense of place. 

(g) To recognize that trees are an essential 
part of the City's aesthetic environment and that 
the removal of important trees should be ad- 
dressed through appropriate public participation 
and dialogue, including the California Environ- 
mental Quality Act (Public Resources Code Sec- 
tions 21000 et seq.). 

(h) To recognize that green spaces are vital 
to San Francisco's quality of life as they provide 
a range of environmental benefits and bring 
beauty to our neighborhoods and commercial 
districts. 

(i) To ensure that landscaping in sidewalk 
areas is properly constructed and maintained in 
order to maximize environmental benefits, pro- 
tect public safety, and limit conflicts with infra- 
structure. (Added by Ord. 165-95, App. 5/19/95; 
amended by Ord. 17-06, File No. 051458, App. 
1/20/2006; Ord. 121-06, File No. 060142, App. 
6/14/2006) 



955 



Supp. No. 1, September 2006 



Sec. 802. 



San Francisco - Public Works Code 



956 



SEC. 802. DEFINITIONS. 

Unless the context specifically indicates oth- 
erwise, 

(a) "Administrative cost" shall mean 20 per- 
cent of the Department's actual replacement 
cost, or a minimum of $100, whichever is greater. 

(b) "City" shall mean the City and County of 
San Francisco. 

(c) "Community Boards" of San Francisco 
shall mean the neighborhood mediation/dispute 
settlement service established under the aus- 
pices of The Community Board Program, Inc. 

(d) "Department" shall mean the Depart- 
ment of Public Works of the City and County of 
San Francisco. 

(e) "Director" shall mean the Director of the 
Department of Public Works or the Director's 
designee. 

(f) "Ex officio" shall mean a current em- 
ployee of any City department, or California or 
federal agency whose appointment to the Urban 
Forestry Coiuicil has been approved by the Di- 
rector of the Department of the Environment. 

(g) "Injure" or "injury" shall mean any act 
which harms or damages a tree, including but 
not limited to impact, cutting, carving, painting, 
transplanting, or knocking over, and includes 
but is not limited to the following: injurious 
attachment of any rope, wire, nail, advertising 
poster, or other contrivance to any tree subject to 
the provisions of this Article; intentionally or 
negligently allowing any gaseous, liquid, or solid 
substance that is harmful to a tree to come into 
contact with a tree; setting fire or intentionally 
or negligently permitting any fire to bum when 
such fire or the heat therefrom will injure any 
part of any tree; pruning which in and of itself 
will kill or cause a tree to decline; or severing of 
all or part of a tree. 

(h) "In-lieu fee" shall mean a fee deposited 
into the Adopt-A-Tree Fund and imposed by the 
Director. The in-lieu fee shall be equal to the 
replacement value of a tree(s) to be removed or 
trees that have been destroyed or as otherwise 
specified in Section 811. In the case of trees 
required to be planted by Section 143 of the City 
Planning Code, yet excused under Section 143(d) 



of the Planning Code, the in-lieu fee shall be 
equal to the City's cost to plant and water a tree 
for three years. The minimum in lieu fee shall be 
$1,489.00. Beginning with fiscal year 2007-2008, 
this fee shall be reviewed and adjusted each year 
in accordance with the procedures set forth in 
Public Works Code Section 2.1.2. 

(i) "Interested San Francisco organization" 
shall mean a San Francisco organization or in- 
dividual that has made a written request to the 
Department for notification of proposed tree re- 
movals in a specified area(s) or neighborhood(s). 

(j) "Landmark tree" shall mean a tree so 
designated pursuant to Section 810 of this Ar- 
ticle. 

(k) "Landscape material" shall mean any 
tree, shrub, groundcover or other plant. 

(1) "Maintenance" shall mean those actions 
necessary to promote the life, growth, health, or 
beauty of a tree. Maintenance includes both 
routine and major activities. "Routine mainte- 
nance" shall include adequate watering to en- 
sure the tree's growth and sustainability; weed 
control; removal of tree-well trash; staking; fer- 
tilizing; routine adjustment and timely removal 
of stakes, ties, tree guards, and tree grates; 
bracing; and sidewalk repairs related to the 
tree's growth or root system pursuant to Section 
706 of this Code. "Major maintenance" shall 
include structural pruning as necessary to main- 
tain public safety and to sustain the health, 
safety, and natural growth habit of the tree; pest 
and disease-management procedures as needed 
and in a manner consistent with public health 
and ecological diversity; replacement of dead or 
damaged trees. Pruning practices shall be in 
compliance with International Society of Abori- 
culture Best Management Practices and ANSI 
Pruning Standards, whichever is more protec- 
tive of tree preservation. 

(m) "Median strip" shall mean the dividing 
area in the public way between opposing lanes of 
vehicular traffic. 

(n) "Notice" shall mean written notice by 
personal delivery or by mailing, either by letter 
or postal card, postage prepaid to the last known 
address as the same appears on the City's most 
recent assessment rolls. 



Supp. No. 1, September 2006 



957 



Urban Forestry Ordinance 



Sec. 803. 



(o) "Hazard tree" shall mean any tree that 
poses an imminent hazard to person or property. 
The Director may determine that a tree is a 
hazard if it or any part of it: (1) appears dead, 
dangerous, or likely to fall, even after proper 
maintenance activities are performed to elimi- 
nate dead or dangerous parts; (2) obstructs or 
damages a street, sidewalk, or other existing 
structure; (3) harbors a serious disease or infes- 
tation threatening the health of other trees; (4) 
interferes with vehicular or pedestrian traffic; or 
(5) poses any other significant hazard or poten- 
tial hazard, as determined by the Director; pro- 
vided, however, that feasible measures have been 
applied to abate any such hazard, such as appli- 
cable maintenance activities listed in Section 
802(1) of this Article. The Director's determina- 
tion shall be in writing. 

(p) "Person" shall mean any individual, firm, 
partnership, association, corporation, company, 
or organization of any kind. 

(q) "Planting" shall mean putting or setting 
into the ground or into a container to grow and 
irrigating until self-sufficient. 

(r) "Removal" shall mean any intentional or 
negligent moving, carr3dng away, elimination or 
taking away of part or all of a tree. 

(s) "Replacement value" shall mean the ac- 
tual cost to the Department of replacing a tree or 
landscape material removed or destroyed with a 
comparable size and species of tree or with 
comparable landscape material. Certain trees or 
landscape material, because of their size, species 
or historical significance, cannot be replaced 
from available nursery stock. In such case, "re- 
placement value" shall be determined pursuant 
to the valuation formula adopted by the Interna- 
tional Society of Arboriculture, as amended from 
time to time, plus the Department's actual costs 
to replace the tree. "Replacement value" shall 
include the Department's administrative costs. 

(t) "Sidewalk" shall mean the area between 
the curbing and the abutting private property lot 
line, whether paved or unpaved, as legislated by 
the Board of Supervisors and as reflected in the 
Department's official maps. 



(u) "Significant Tree" shall mean a tree so 
defined in Section 810A of this Article. 

(v) "Street" shall mean the vehicular travel- 
way portion of any public street, avenue, boule- 
vard, lane, road, parkway, freeway, or other 
public way. 

(w) "Street tree" shall mean any tree grow- 
ing within the public right-of-way, including un- 
improved public streets and sidewalks, and any 
tree growing on land under the jurisdiction of the 
Department. 

(x) "Tree" shall mean any large perennial 
plant having a woody trunk(s), branches, and 
leaves. Trees also shall include palm trees. 

(y) "Urban forest" shall mean all trees on 
public streets and rights-of-way within the bor- 
ders of the City and County of San Francisco, 
any trees growing on land subject to the jurisdic- 
tion of the Department, and any other trees 
subject to the provisions of this Article. 

(z) "Urban Forestry Council" shall mean 
the Urban Forestry Council as established under 
the Environment Code Chapter 12. (Added by 
Ord. 165-95, App. 5/19/95; amended by Ord. 
294-98, File No. 98-0991, Eff. 11/2/98; Ord. 17- 
06, File No. 051458, App. 1/20/2006; Ord. 193-06, 
File No. 060778, App. 7/21/2006) 

SEC. 803. URBAN FORESTRY COUNCIL; 
ADDITIONAL POWERS AND DUTIES. 

(a) The Urban Forestry Council shall serve 
in an advisory capacity to the Director or his 
designee on matters relating to this Article and 
to tree management in the City. The responsi- 
bilities of the Urban Forestry Council may in- 
clude but shall not be limited to the following: 

(1) Stud5dng the problems and determining 
the needs of the City concerning its street tree 
planting and maintenance programs, and advis- 
ing the Director in this regard; 

(2) Preparing for the Director an annual 
report detailing the state of the urban forest; 

(3) Recommending to the Director appropri- 
ate species of trees to be planted on City streets 
or other areas under the Department's jurisdic- 
tion; 



Supp. No. 1, September 2006 



Sec. 803. 



San Francisco - Public Works Code 



958 



(4) Working with the Community Boards of 
San Francisco in developing guideHnes, stan- 
dards, and procedures for the mediation of con- 
flicts between property owners over the protec- 
tion of views, solar access, planting/removal of 
trees, and other tree-related issues; 

(5) Working with the Director concerning 
the maintenance of an Urban Forestry Manage- 
ment Plan; 

(6) Developing and recommending for Board 
of Supervisors' adoption uniform criteria for des- 
ignating "Igmdmark" trees and uniform criteria, 
rules, and procedures for the removal of "land- 
mark" trees pursuant to Section 810; 

(7) Making recommendations to the Direc- 
tor on appeals of applications for tree removal; 

(8) Recommending to the Director informa- 
tion to be distributed to the public concerning the 
selection, planting, and maintenance of trees 
throughout the City; and 

(9) Recommending to the Director desirable 
City tree programs and activities, including leg- 
islation and funding mechanisms. 

(b) The Urban Forestry Council shall per- 
form such other duties assigned to it under the 
Municipal Codes. (Added by Ord. 165-95, App. 
5/19/95; amended by Ord. 17-06, File No. 051458, 
App. 1/20/2006) 

SEC. 804. JURISDICTION. 

(a) Department's Jurisdiction. The De- 
partment shall have jurisdiction over the plan- 
ning, planting, maintenance, and removal of 
trees in any street or other public right-of-way as 
defined in Section 244 of this Code; over any 
landscape material in any street median, center 
strip, or other landscaped portion of a public 
right-of-way; over trees and other landscape ma- 
terial in other public spaces under the jurisdic- 
tion of the Department; over hazard trees on 
private property as specified in Section 809 and 
810A of this Article; over landmark trees as 
specified in Section 810; and over significant 
trees as specified in Section 810A. (Added by 
Ord. 165-95, App. 5/19/95; amended by Ord. 
17-06, File No. 051458, App. 1/20/2006) 



SEC. 805. RESPONSIBILITY FOR 
MAINTENANCE OF STREET TREES. 

(a) Responsibilities of Property Own- 
ers. Except as specified in Subsections 805(b) 
and (c) below, it shall be the duty of owners of lots 
or portions of lots immediately abutting on, front- 
ing on or adjacent to any street tree to maintain 
such street tree. This duty shall include both 
routine and major maintenance of the street 
tree. It shall be the responsibility of all public 
agencies, including City, State and federal agen- 
cies, to maintain street trees abutting on such 
public agency's property in accordemce with this 
Section. In addition, and in accordance with 
Section 706 of this Code, abutting property own- 
ers shall be responsible for the care and mainte- 
nance of the sidewalk and sidewalk areas adja- 
cent to any street tree. 

Any person who suffers injury or property 
damage as a legal result of the failure of the 
owner to so maintain a street tree, sidewalk and 
sidewalk areas shall have a cause of action for 
such injury or property damage against such 
property owner. In addition to its rights under 
Section 706 of this Code, the City and County of 
San Francisco shall have a cause of action for 
indemnity against such property owner for any 
damages the City may be required to pay as 
satisfaction of any judgment or settlement of any 
claim that results from injury to persons or 
property as a legal result of the failure of the 
owner to maintain a street tree in accordance 
with this Section. 

The Department shall have available to in- 
terested persons, upon request, public pruning 
standards to ensure that street trees receive 
proper care. 

(b) Responsibilities of the Department. 

The Department may, at the Director's discre- 
tion, determine to undertake the regular routine 
and/or major maintenance of certain street trees 
or corridors of street trees to promote consis- 
tency in the maintenance of trees or in the public 
interest. Where the Department determines to 
undertake such regular maintenance of street 
trees, the Director shall specify in writing by 
Departmental Order those trees or corridors of 



Supp. No. 1, September 2006 



959 



Urban Forestry Ordinance 



Sec. 806. 



trees for which it has undertaken maintenance 
responsibiUty and shall specify in writing whether 
the Department will be responsible for routine or 
major maintenance, or both. Such determina- 
tions by the Department shall be readily acces- 
sible to property owners and members of the 
public. Where the Department has undertaken 
certain maintenance responsibility for street trees 
in writing, the abutting property owner shall be 
relieved of responsibility for such street tree 
maintenance. 

Where the Department assumes mainte- 
nance responsibilities after the effective date of 
this Article, it shall send written notice of that 
fact to the abutting property owner. 

(c) Department Inventory and Publica- 
tion of Street Tree Responsibilities. The De- 
partment shall use its best efforts to maintain an 
inventory of all trees under its jurisdiction. 

As of the effective date of this Article, the 
Department shall continue to maintain street 
trees listed in its database as Department- 
maintained trees. Such information shall be made 
available to the public upon request. 

Within 120 days of the effective date of this 
Article, the Department shall publish in a news- 
paper of general circulation in the City a list of 
all trees or corridors of trees maintained by the 
Department. 

(d) Department Relinquishment of 
Street Tree Maintenance. The Director may, 
in his or her discretion, determine to relinquish 
tree maintenance responsibilities for certain trees 
or corridors of trees. Prior to such relinquish- 
ment, the Director shall post the affected trees 
and send notice to abutting property owners of 
the Department's intent to relinquish mainte- 
nance responsibilities on a date certain. Within 
10 days of the posting and mailing of such notice, 
any affected property owner may object in writ- 
ing to such relinquishment. At the written re- 
quest of any person, the Director will hold a 
hearing prior to relinquishing maintenance re- 
sponsibility for a particular tree or corridor of 
trees. The Director's decision on such relinquish- 
ment shall be final and nonappealable. 



Prior to relinquishing maintenance responsi- 
bilities, the Department shall perform all neces- 
sary major tree maintenance. As of the date 
designated by the Director, all tree maintenance 
and tree-related maintenance shall be the respon- 
sibility of the abutting property owner. (Added 
by Ord. 165-95, App. 5/19/95) 

SEC. 806. PLANTING AND REMOVAL OF 
STREET TREES. 

(a) Planting and Removal by the Depart- 
ment. 

(1) Planting. The Department may deter- 
mine to plant a new tree(s) in a sidewalk or 
public right-of-way. When the Department deter- 
mines to plant a new street tree(s), the Depart- 
ment will undertake maintenance responsibility 
for such new street tree and shall send a cour- 
tesy notice to the abutting property owner prior 
to planting such new tree. Any objections to the 
proposed work must be submitted to the Director 
in writing and postmarked within 30 days after 
notice by the Director. The Director shall con- 
sider such objections and may hold a hearing, in 
the Director's discretion. The Director's decision 
on the matter shall be final and nonappealable. 

(2) Removal of Street Trees. No street 
tree shall be cut down or removed by the Depart- 
ment unless: 

(A) The Department gives 30 days' prior 
written notice to the owner of the property abut- 
ting the affected tree; and 

(B) Thirty days prior to the removal date, 
the Department notifies all interested San Fran- 
cisco organizations and, to the extent practical, 
all owners and occupants of properties that are 
on or across from the block face where the 
affected tree is located. In addition, 30 days prior 
to the removal date, the Department shall post a 
notice on the affected tree. 

(3) Appeal of Tree Removal. 

(A) If within 30 days after the giving of 
notice for street tree removal, as specified in 
Subsection (a)(2), or if within 15 days after the 
giving of notice for removal of a hazard street 
tree, as specified in Subsection (a)(4), any person 
files with the Department written objections to 



Supp. No. 1, September 2006 



Sec. 806. 



San Francisco - Public Works Code 



960 



the removal, the Director shall hold a hearing to 
consider public testimony concerning the pro- 
posed tree removal. Written notice of the date, 
time and place of the hearing shall be posted on 
the affected tree, provided in a newspaper of 
general circulation, and sent to the objecting 
party, the owner of the property abutting the 
affected tree, and all interested San Francisco 
organizations, not less than seven days prior 
thereto. 

(B) The Director shall issue his or her writ- 
ten decision and order on the objections after the 
public hearing specified above. 

(C) The Director's decision shall be final 
and appealable to the Board of Appeals. 

(4) Removal of Hazard Street Trees. 

(A) No hazard street tree shall be cut down 
or removed by the Department unless: 

(i) The Department gives 15 days' prior 
written notice to the owner of the property abut- 
ting the affected tree; and 

(ii) Fifteen days prior to the removal date, 
the Department notifies all interested San Fran- 
cisco organizations and, to the extent practical, 
owners and occupants of properties that are on 
or across the block face where the affected tree is 
located. In addition, 15 days prior to the removal 
date, the Department shall post a notice on the 
affected tree. 

(B) Hazard street tree shall have the same 
meaning as "hazard tree" in Section 802(o) ex- 
cept that a hazard street tree is located within 
the public right-of-way and is the maintenance 
responsibility of the Department. 

(5) Emergency Removal. In the case of 
manifest danger and immediate necessity, as 
determined by the Director, the Department may 
remove any street tree immediately. After such 
emergency removal, the Department shall pro- 
vide notice of the necessity for such action to the 
owner of the property abutting the affected tree, 
all interested San Francisco organizations and, 
to the extent practical, all owners and occupants 
of properties that are on or across from the block 
face where the affected tree was removed. 



(b) Planting and Removal by Persons 
Otber Tban the Department. 

(1) Planting and Removal Permits. It 

shall be unlawful for any person to plant or to 
remove any street tree without a valid permit for 
such work issued by the Department. All permits 
for the planting or removal of street trees issued 
by the Director for residential properties shall be 
recorded on the Report of Residential Building 
Records in accordance with Section 351 of the 
Housing Code. All work associated with a street 
tree permit must be completed within six months 
of issuance, unless an extension has been granted 
by the Department. 

(2) Planting. An abutting property owner 
who desires a permit to plant a street tree shall 
apply to the Department on the designated form. 
If approved by the Director, a permit to plant the 
specified species of tree(s) shall be issued to the 
applicant. There shall be no administrative fee 
imposed for a permit to plant a street tree 
unrelated to property development. The Director's 
decision on a street tree planting permit shall be 
final and appealable to the Board of Appeals. 

(3) Removal. 

(A) An abutting property owner who desires 
a permit to remove a street tree shall apply to 
the Department on the designated form. The 
Department may grant or deny the permit in 
accordance with the following procedures and 
requirements. If the Department grants a tree 
removal permit, it shall require that another 
street tree be planted in the place of the removed 
tree or impose an in-lieu fee unless it makes 
written findings detailing the basis for waiving 
this requirement. 

(i) The fee for a permit to remove 1-3 street 
trees shall be $267.00; the fee for a permit to 
remove 4-9 street trees shall be $360.00; and the 
fee to remove 10 or more street trees shall be 
$565.00. 

(ii) Additional Fees. In instances where ad- 
ministration or processing of any application is 
or will exceed the fee amount established pursu- 
ant to subsection (i), the Director, in his or her 
discretion, may require an applicant or permit- 
tee to pay a sum in excess of the subject fee 



Supp. No. 1, September 2006 



961 



Urban Forestry Ordinance 



Sec. 807. 



amounts. This additional sum shall be sufficient 
to recover actual costs that the Department 
incurs and shall be charged on a time and 
materials basis. The Director also may charge 
for any time and materials costs that other 
agencies, boards, commissions, or departments 
of the City, including the City Attorney's Office, 
incur in connection with the processing or ad- 
ministration of a particular application. When- 
ever additional fees are or will be charged, the 
Director, upon request of the applicant or per- 
mittee, shall provide in writing the basis for the 
additional fees or an estimate of the additional 
fees to be charged. 

(iii) Fee Review and Adjustment. Beginning 
with fiscal year 2007-2008, the fees that are 
established herein shall be reviewed and ad- 
justed each year in accordance with the proce- 
dures set forth in Public Works Code Section 
2.1.2. 

(B) Thirty days prior to the removal date, 
the Department shall give notice to all interested 
San Francisco organizations and, to the extent 
practicable, the owners and occupants of proper- 
ties that are on or across from the block face or 
adjacent to where the affected tree is located. In 
addition, 30 days prior to the removal date, the 
Department shall post a notice on the affected 
tree. If within 30 days after the giving of such 
notice any person files with the Department 
written objections to the removal, the Director 
shall hold a hearing prior to removing the tree. 
Written notice of the date, time and place of the 
hearing shall be posted on the affected tree and 
sent to the objecting party and all interested San 
Francisco organizations not less than seven days 
prior thereto. 

(C) The Director shall issue his or her writ- 
ten decision and order on the objections after the 
public hearing specified above. 

(D) The Director's decision shall be final 
and appealable to the Board of Appeals. 

(c) Planting and Removal by City Agen- 
cies, Commissions, or Other Departments. 

If a City agency, commission, or department 
other than the Department of Public Works 
desires to plant or remove a street tree, such 



agency, commission, or department shall be sub- 
ject to the provisions of Subsection (b); provided, 
however, that for purposes of street tree removal, 
the notice and procedures for Director's hearings 
set forth in Subsections (a)(2) and (a)(3) shall 
apply (Added by Ord. 165-95, App. 5/19/95; 
amended by Ord. 294-98, File No. 98-0991, Eff. 
11/2/98; Ord. 17-06, File No. 051458, App. 1/20/ 
2006; Ord. 193-06, File No. 060778, App. 7/21/ 
2006) 

SEC. 807. DEPARTMENT OF PUBLIC 
WORKS URBAN FORESTRY PROGRAM; 
POWERS AND DUTIES. 

(a) Arterial Planting Program. The De- 
partment shall continue its program of appropri- 
ate street tree planting along major traffic routes 
and commercial streets throughout the City. 

(b) Neighborhood Planting Program. The 

Department shall continue to encourage and 
support neighborhood planting programs. Sup- 
port may include, but need not be limited to, 
provision of trees and materials, sidewalk cut- 
ting and removal, planting labor, technical ad- 
vice, and organizational assistance. The Depart- 
ment is hereby authorized to donate such funds, 
materials and labor to neighborhood planting 
programs as are deemed by the Director to be in 
the public interest and in the interest of the 
promotion of the urban forest. 

(c) Public Education. The Department 
shall undertake an on-going program of public 
outreach and education in order to promote pub- 
lic understanding of the City's urban forest and 
public adherence to the standards and proce- 
dures established under this Article. 

(d) Authority over Site Development 
Plans. 

(1) The Department shall have the author- 
ity to review and comment on site development 
plan applications received by the City's Central 
Permit Bureau that pertain to the planting, 
alteration, or removal of street trees. The Depart- 
ment shall also have the authority to review and 
comment on site development plan applications 
that pertain to the alteration or removal of 
landmark trees designated pursuant to Section 



Supp. No. 1, September 2006 



Sec. 807. 



San Francisco - Public Works Code 



962 



810(a) of this Article and significant trees pursu- 
ant to Section 810A of this Article. Protection of 
such trees during construction shall be required 
in accordance with Section 808(c) of this Article. 
Removal of such trees shall be subject to the 
applicable rules and procedures for removal set 
forth in Section 806, 810, or 810A of this Article. 

(2) If the Zoning Administrator modifies or 
waives the requirements of Planning Code Sec- 
tion 143 pursuant to Planning Code Section 
143(d), the Department shall impose an in-lieu 
fee of the property owner so excused. Further, if 
a property owner is required to plant a street 
tree pursuant to Planning Code Section 143, the 
Department shall require that the property owner 
maintain such tree or replace any such tree that 
subsequently dies or is removed by any person, 
or pay an in-lieu fee. The Department shall 
follow the requirements set forth herein for tree 
replacement or payment of an in-lieu fee unless 
it makes written findings detailing the basis for 
waiving said requirements. 

(e) Adopt-A-Tree Fund. Pursuant to Sec- 
tion 10.117-77 of the Administrative Code, the 
Department shall maintain an Adopt-A-Tree Fund 
to enhance the urban forestry program. 

(f) In-Lieu Planting Program. The De- 
partment shall develop and implement an In- 
Lieu Planting Program to offset the loss of street 
trees, significant trees, and landmark trees due 
to removal, destruction, or death. The In-Lieu 
Planting Program shall also compensate for the 
loss of trees required to be planted by Section 
143 of the Planning Code, yet excused by the 
Zoning Administrator pursuant to Planning Code 
Section 143(d). The Department shall impose an 
in-lieu fee in accordance with a fee schedule 
adopted by the Director where a street tree is 
destroyed, removed or is excused from planting 
where otherwise required by Planning Code Sec- 
tion 143. The Department also shall assess an 
in-lieu fee or such other penalty as set forth in 
Section 811 as mitigation for violation of the 
requirements of this Article. The Department 
shall follow the requirements set forth herein for 
payment of an in-lieu fee unless it makes written 
findings detailing the basis for waiving said 



requirements. As set forth in Section 811, in lieu 
fees shall be deposited in the Adopt-A-Tree Fund. 

(g) Tree Adoption Program. The Depart- 
ment shall develop and implement a tree adop- 
tion program to allow persons to donate money 
for the purpose of tree planting and mainte- 
nance. Money donated to the City and County for 
the purpose of tree planting and maintenance 
shall be deposited into the Adopt-A-Tree Fund. 
(Added by Ord. 165-95, App. 5/19/95; amended 
by Ord. 17-06, File No. 051458, App. 1/20/2006) 

SEC. 808. PROTECTION OF TREES AND 
LANDSCAPE MATERIAL. 

(a) Injury to or Destruction of Trees 
Prohibited. It shall be unlawful for any person 
to intentionally, maliciously or through gross 
negligence injure or destroy a street tree, any 
tree on City property, a significant tree, or a 
landmark tree. Removal of a tree under City 
order or removal in accordance with a permit 
issued pursuant to Section 806, 810, or 810A of 
this Article is exempt from this prohibition. 

(b) Injury to or Destruction of Land- 
scape Materials Prohibited. It shall be unlaw- 
ful for any person to intentionally, maliciously or 
through gross negligence injure or destroy any 
landscape material in any street median, center 
strip, or other landscaped portion of a public 
right-of-way under the City's jurisdiction, except 
as authorized by the Department. 

(c) Construction Work: Protection of 
Trees Required. It shall be unlawful for any 
person to engage in any construction work on 
private or public property without first taking 
steps to protect street trees, significant trees, 
and landmark trees from damage, including dam- 
age caused by soil compaction or contamination, 
excavation, or placement of concrete or other 
pavement or foundation material. If excavation, 
construction, or street work is planned within 
the dripline of a significant tree, a landmark tree 
or a tree on any street or other publicly owned 
property said tree(s) shall be adequately pro- 
tected. If any construction work results in the 
injury or damage to such trees, the responsible 



Supp. No. 1, September 2006 



963 



Urban Forestry Ordinance 



Sec. 810. 



party(ies) may be subject to the penalties set 
forth in Section 811 of this Article. (Added by 
Ord. 165-95, App. 5/19/95; amended by Ord. 
17-06, File No. 051458, App. 1/20/2006) 

SEC. 809. HAZARD TREES; 
ABATEMENT. 

(a) Notice to Property Owner (s). Upon a 
finding by the Director that a tree on private 
property or a street tree for which a property 
owner is responsible is a "hazard tree" as defined 
herein, the Director shall provide notice to the 
property owner(s) which describes the condition 
creating the hazard, the actions required to be 
taken to abate the hazard, and the date by which 
compliance must be completed. Required action 
may include replacement or removal of the tree 
in accordance with applicable requirements and 
procedures provided in this Article for removal of 
the subject tree. In cases of extreme danger, as 
determined by the Director, the Director may 
require immediate compliance. 

(b) Director of Public Works To Abate 
Hazard if Owner Fails To Do So. If the 

responsible property owner does not undertake 
in a timely manner the abatement action, as 
required by said notice, the Director may per- 
form necessary work to abate the hazard. The 
cost of such abatement, including labor, equip- 
ment, materials, inspection services, and admin- 
istrative costs, shall be an obligation owing by 
the responsible property owner(s) to the City. 

(c) Method of Enforcement and Collec- 
tion of Lien. The Department shall send notice 
of assessment of costs to the responsible property 
owner. Such notice shall include a statement 
that payment is due within 60 days of the 
mailing date of the notice. If a responsible prop- 
erty owner fails timely to remit payment, the 
Department shall send a second notice of pay- 
ment due. Such second notice shall include a 
statement that failure timely to remit pajnnent 
in full to the City within 30 days of the mailing of 
the second notice shall cause the Director to 
institute lien proceedings pursuant to Sections 
706.4—706.7 of this Code. Enforcement and col- 
lection of liens for costs associated with hazard 
tree abatement shall be in accordance with Sec- 



tions 706.4—706.7 of this Code, except that all 
monies received in pajnnent of such liens, with 
the exception of enforcement costs, shall be cred- 
ited to the Adopt-A-Tree Fund. (Added by Ord. 
165-95, App. 5/19/95; amended by Ord. 17-06, 
File No. 051458, App. 1/20/2006) 

SEC. 810. LANDMARK TREES. 

(a) Designation Criteria. The Board of 
Supervisors in Resolution No. 440-06, Clerk of 
the Board of Supervisors File No. 060487, adopted 
uniform criteria for the designation of landmark 
trees, which included consideration of the age, 
size, shape, species, location, historical associa- 
tion, visual quality, and other contribution to the 
City's character, as set forth Section 810(f)(4)(A) — 
(E) below. This designation criteria, which may 
be amended from time to time, shall apply to all 
trees within the territorial limits of the City and 
County of San Francisco. 

(b) Designation Process. 

(1) Nominations. A tree may be nominated 
for designation as a landmark tree by any of the 
following parties: (i) the property owner whose 
property contains the subject tree by a written 
request to the Urban Forestry Council; (ii) the 
Board of Supervisors, Planning Commission, or 
Landmarks Preservation Advisory Board by adop- 
tion of a resolution of intent to nominate a tree 
for landmark status; or (iii) the director of any 
City agency or department by filing a nomina- 
tion letter with the Urban Forestry Council. 
Each tree nominated for landmark tree status 
shall be the subject of a separate individual 
nomination. 

(2) Content of Nominations. Nomina- 
tions shall be made in writing to the Urban 
Forestry Council and shall include the basis for 
the nomination, which may address one or more 
of the adopted designation criteria, including the 
factors listed below in Section 810(f)(4)(A)— (E) 
below; the lot, assessor's block, and street ad- 
dress of the subject property; one or more pic- 
tures of the tree; and any other information that 
the nominating property owner or entity believes 
would be pertinent to the nomination. 



Supp. No. 15, March 2008 



Sec. 810. 



San Francisco - Public Works Code 



964 



(3 ) Urban Forestry Council Hearing and 

Determination. The Urban Forestry Council 
shall hold a public hearing on a completed nomi- 
nation request, and shall determine whether the 
tree qualifies as a landmark tree pursuant to the 
adopted designation criteria. After the conclu- 
sion of the public hearing, the Urban Forestry 
Council shall adopt written findings that specify 
the basis for its decision to approve or reject the 
nomination and shall forward these findings to 
the applicant for the nomination and the affected 
property owner. If the Urban Forestry Council 
determines that the subject tree meets the adopted 
designation criteria, it shall forward said deci- 
sion to the Director, as to a tree on private 
property, or to the subject City agency, commis- 
sion or department, as to a tree on City-owned 
property. If the Urban Forestry Council rejects 
the nomination, the Council shall not accept a 
new request for the subject tree for three years 
from the date of its decision. If the Urban For- 
estry Council determines that a tree qualifies as 
a landmark tree, its written findings on the 
nomination, along with any recommendations of 
relevant City agencies, commissions or depart- 
ments, shall be forwarded to the Board of Super- 
visors for its consideration pursuant to Section 
810(b)(4) of this Article. If the Urban Forestry 
Council fails to forward said findings to the 
Board of Supervisors within 120 days of the 
Urban Forestry Council's receipt of the nomina- 
tion request, the Board of Supervisors may, in its 
discretion, schedule a public hearing on the 
nomination, in which event, the failure of the 
Urban Forestry Council to forward said findings 
within the 120 day period shall constitute its 
approval of the nomination. 

(A) If the nominated tree is on private or 
public property, the Council shall provide mailed 
notice of the hearing to the subject property 
owner and all property owners adjoining the 
subject property where the tree is located at least 
seven (7) days prior to its hearing. The Council, 
in its discretion, also may provide delivered 
notice of the hearing to residents adjoining the 
subject property, posted notice, or both. 

(B) If the subject property exceeds one (1) 
acre in size, the Council shall provide posted 
notice in lieu of the mailed notice. Such notice 



shall be posted on at least two locations on each 
block face(s) tangent to the subject property at 
least seven (7) days prior to its hearing. 

(C) If the Council either delivers or posts 
notice in accordance with these provisions, staff 
assigned to this task shall sign an affidavit, 
accompanied with any supporting material, stat- 
ing when and where the notice was delivered or 
posted. 

(4) Designation. Upon the recommenda- 
tion of the Urban Forestry Council, the Board of 
Supervisors, by ordinance, may designate as a 
"landmark tree" any tree within the territorial 
limits of the City and County of San Francisco 
that meets the adopted designation criteria, or 
may rescind such designations. If the Urban 
Forestry Council does not issue findings in a 
timely manner pursuant to Subsection (b)(3), the 
Board of Supervisors shall adopt its own findings 
as part of the designation of a landmark tree. 

(c) Landmark Tree Designation Re- 
corded Notice and Official Book. Upon Board 
of Supervisors designation of a landmark tree, 
the Department or affected agency shall record a 
notice on the subject property concerning the 
landmark tree. The Department also shall record 
the landmark tree designation in an official book 
entitled Landmark Trees. If the landmark tree is 
a street tree under the maintenance responsibil- 
ity of the Department, the Department shall 
record the landmark tree designation in a sepa- 
rate section of the Landmark Tree book that is 
reserved for those landmark trees under the 
maintenance responsibility of the Department. 
The Department shall maintain this book for 
public review and update it on a regular basis 
with the assistance of affected agencies. 

(d) Temporary Designation of Land- 
mark Tree Status. 

(1) At the time a member of the Board of 
Supervisors introduces a resolution of intent to 
initiate a nomination and submits to the Clerk of 
the Board of Supervisors the information re- 
quired for a landmark tree nomination request 
as set forth in Section 810(b)(2), the subject tree 
shall be temporarily designated as a landmark 
tree ("temporary designation") and be subject to 



Supp. No. 15, March 2008 



965 



Urban Forestry Ordinance 



Sec. 810. 



the provisions governing landmark trees set forth 
herein while proceedings are pending on the 
landmark tree designation. At the time the Plan- 
ning Commission or Landmarks Preservation 
Advisory Board adopts a resolution of intent to 
initiate a nomination, temporary designation of 
the subject tree shall occur. If the Director of the 
Department or the