o0040-23

AMENDED IN COMMITTEE FILE NO. 220878 3/6/2023 ORDINANCE NO. 040-23 [Planning, Building Codes - Penalties for Code Enforcement] Ordinance amending the Planning and Building Codes to increase fines and penalties for violations of Planning and Building Code provisions; clarify that violations affecting more than one unit in a building constitute multiple violations for purposes of assessing penalties; requiring the Planning Commission and the Historic Preservation Commission to adopt factors for the Zoning Administrator to consider in determining the appropriate amount of civil penalties; establishing penalties for residential units merged, constructed, or divided without required permits or approvals; establishing penalties for violations involving illegal demolition and enhancement of penalty amounts for certain buildings by age or historic status; providing additional notices for Responsible Parties; affirming the Planning Department's determination under the California Environmental Quality Act; and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1, and findings of public necessity, convenience, and welfare under Planning Code, Section 302. NOTE: Unchanged Code text and uncodified text are in plain Arial font. Additions to Codes are in single-underline italics Times New Roman font. Deletions to Codes are in strikethrough italics Times l·kw Roman font. Board amendment additions are in double-underlined Arial font. Board amendment deletions are in strikethrough /\rial font. Asterisks (* * * *) indicate the omission of unchanged Code subsections or parts of tables. Be it ordained by the People of the City and County of San Francisco: Section 1. Environmental and Land Use Findings. (a) The Planning Department has determined that the actions contemplated in this Supervisors Ronen; Peskin, Chan BOARD OF SUPERVISORS Page 1 ordinance comply with the California Environmental Quality Act (California Public Resources Code Sections 21000 et seq.). Said determination is on file with the Clerk of the Board of Supervisors in File No. 220878 and is incorporated herein by reference. The Board affirms this determination. (b) On January 19, 2023, the Planning Commission, in Resolution No. 21230, adopted findings that the actions contemplated in this ordinance are consistent, on balance, with the City's General Plan and eight priority policies of Planning Code Section 101.1. The Board adopts these findings as its own. A copy of said Resolution is on file with the Clerk of the Board of Supervisors in File No. 220878, and is incorporated herein by reference. (c) Pursuant to Planning Code Section 302, the Board of Supervisors finds that this ordinance will serve the public necessity, convenience, and welfare for the reasons set forth in Planning Commission Resolution No. 21230, and incorporates such reasons by this reference thereto. A copy of said resolution is on file with the Clerk of the Board of Supervisors in File No. 220878. (d) The Building Inspection Commission considered this ordinance on January 18, 2023, at a duly noticed public hearing, pursuant to Charter Section D3.750-5. Section 2. General Findings. (a) All uses, structures on, and conditions of real property in violation of the Planning and Building Codes are both unlawful and a public nuisance, and such violations destroy the distinctive qualities that make San Francisco and its individual neighborhoods unique, and can create urban blight. This is particularly true where violations of the Codes result in damage to or destruction of historic resources or landmarks, removal of much needed housing units, and in other cases where the violation cannot be abated and cured. In recent years, there has been a dramatic increase in violations of the Planning and building Codes that have gone Supervisors Ronen; Peskin, Chan BOARD OF SUPERVISORS Page unabated despite enforcement actions by the Planning Department and the Department of Building Inspection. (b) The purpose of this ordinance is to increase administrative and civil penalties that can be assessed to encourage compliance with both Codes, deter violation of code requirements, create new penalties for certain violations that are of particular concern to the City and its residents, and to provide additional incentives to deter violations that can result in irreparable harm to the City, including unlawful elimination of existing housing, alteration or damage to, or destruction of historic landmarks and historic resources, as well as to deter other irreversible violations. The goal of these penalties and enforcement mechanisms is to ensure compliance with, and deter violation of, all requirements of the Municipal Code, including but not limited to the Planning Code and Building Code, and to preserve and enhance neighborhood quality of life for all San Francisco residents and visitors. (c) The ordinance also provides that the Planning Commission and the Historic Preservation Commission shall adopt factors to be considered by the Zoning Administrator in assessing penalties, and expressly states the existing administrative interpretation of the code that a violation at each real property address, and each commercial or dwelling unit within a multi-unit real property address, is a distinct violation for calculation of applicable administrative penalties; further, that each separate violation of the Planning Code stemming from a single incident or practice is likewise a distinct violation of that Code. (d) No local findings are required under California Health and Safety Code Section 17958.7 because the amendments to the Building Code contained in this ordinance do not regulate materials or manner of construction or repair, and instead relate in their entirety to administrative procedures for implementing the code and remedies available for enforcing the Building Code. Supervisors Ronen; Peskin, Chan BOARD OF SUPERVISORS Page Section 3. The Planning Code is hereby amended by revising Sections 176 and 350, and deleting Section 176.1, to read as follows: SEC. 176. ENFORCEMENT AGAINST VIOLATIONS. (a) Violations Unlawful. Any use, structure, lot, feature, or condition in violation of this Code is hereby found and declared to be unlawful and a public nuisance. Should any permit or license have been issued that was not then in conformity with the provisions of this Code, such permit or license shall be null and void. (b) Methods of Enforcement. The Zoning Administrator shall have authority to enforce this Code against violations thereof by any of the following actions: (1) Serving ne#ee a Notice of Violation (NOV) requiring the cessation, removal, or correction of any violation of this Code upon the property owner or owners. agent, or tenant of the property ( "Responsible Party" or "Responsible Parties") of the property that is the subject of the violation, or blf)On the architect, builder, contractor, or other person ,vho commits or assists in such ·;iolation. by mail or by posting the notice in a conspicuous place on the property that is the subiect of the violation. When such information is available. notice may also be served upon the tenant of the property, agent of the owner. designer, builder. or any other person who commits or assists in such violation; (2) Calling upon the City Attorney to maintain an action for injunction to restrain or abatement to cause the correction or removal of any such violation, and for assessment and recovery of a civil penalty for such violation as well as any attorneys' fees or costs, including but not limited to expert witness fees, and costs o[investigation incurred in maintaining such an action; (3) Calling upon the District Attorney to institute criminal proceedings in enforcement of this Code against any such violation; Supervisors Ronen; Peskin, Chan BOARD OF SUPERVISORS Page (4) Calling upon the Chief of Police and authorized agents to assist in the enforcement of this Code; and (5) Calling upon the Mayor's Office of Housing and Community Development (MOHCD) to enforce Planning Code requirements relating to affordable housing. The Department and MOHCD shall enter into a memorandum of understanding to identify the types of enforcement cases to be delegated to MOHCD. (c) Penalties. (1) Administrative Penalties. (A) General Violations. In the notice requiring the cess&tion, remD'ml, or correction ofmiy ,;io!tltion a/this Code, t.Ihe Zoning Administrator, by issuance of the NOV, may assess upon the Rfesponsible Pf}arty an administrative penalty for each violation in an amount up to $:8-01,000 for each day the violation continues unabated. The "responsiblep&rty" is the owner(s) ofthe re&lproperty on which the code -;io!tltio,q is lornted, €lS listed in the records of the S&n Fr&ncisco Assessor, &nd the current le&seholder ifdifferentfrom the current owner(s) a/the re&lproperty For purposes of this subsection (c)(I )(A), each real property address, and each commercial or dwelling unit within a multi-unit real property address, affected by a violation is a distinct violation for calculation of applicable administrative penalties. Notwithstanding the foregoing, a violation of this Code that affects a common area, feature, or shared detached feature of a multi-unit structure may be treated as a distinct violation of this Code, at the reasonable discretion of the Zoning Administrator. The NOV may be appealed in the manner provided in subsection (c)(I )(E). Upon the later oft he expiration oft he time in which an appeal of an NOV may be filed without any such appeal having been filed, or the entry ofa final decision on an appeal ofan NOV (a Notice of Violation and Penalty Decision, or NOVPD), the NOV or NOVPD may be recorded as an Order of Abatement against title to the property, and the obligations to correct the violation as set forth in the Supervisors Ronen; Peskin, Chan BOARD OF SUPERVISORS Page NOV or NOVPD Order ofAbatement shall be Planning Code conditions pursuant to Section 174 ofthis Code that run with title to the property. Further, such recordation shall provide notice to each Responsible Party and any subsequent successor or assign of title to the property that the failure to perform such obligations is a violation of the Planning Code and may be enforced as such. (B) Contents o(NOV, NOVPD, and Notice o(Additional Compliance Actions And Accrued Penalties. The NOV shall inform the Responsible Party: of the necessary steps toward compliance the Responsible Party must timely perform to avoid the accrual of daily penalties ("Compliance Actions"),· that upon finality. the NOV or NOVPD may be recorded as an Order of Abatement against title to the property,· and that any daily penalties or Time and Materials assessed under a final NOV or NOVPD will be a debt to the City and County of San Francisco that may become a lien against the property and/or may be enforced by any means available under the law. At any time following the issuance ofan NOV. the Zoning Administrator may issue the Responsible Party a Notice of Additional Compliance Actions and Accrued Penalties~requiring the Responsible Party or Parties to perform new or additional Compliance Actions and stating the total penalties accrued during the period covered by the notice. Upon a transfer of an interest in the property. the transferee shall be the Responsible Party for purposes of daily penalties accruing after the date ofrecordation ofthe transfer.· however. ifan NOV or NOVPD was not recorded as an Order of Abatement against title to the property prior to recordation of the transfer. the Zoning Administrator shall record an NOV against title to the property and may issue the transferee a Notice of Additional Compliance Actions stating the Compliance Actions required of the transferee where a penalty will be assessed against the property. and the transferee shall be given the opportunity to comply with said Notice prior to the accrual of.further daily penalties. Supervisors Ronen; Peskin, Chan BOARD OF SUPERVISORS Page (C) Penalties for Specified Violations. (i) Alteration, Merger, Construction, or Demolition of Residential Units without a Permit. For any alteration. merger. construction. or demolition of any building or structure containing one or more Residential Units. including work that takes place in violation of Section 317 of this Code, on or after March 1. 2023. resulting in the addition of more than twethree unauthorized Residential Units, or the loss of one or more Residential Units, (]) the owner of that building shall be required to apply for a replacement proiect under section 317 ofthis Code, and (2) the Responsible Party shall be liable for a penalty ofup to $250. 000 upon issuance of a Notice of Violation for each Residential Unit added or lost through such alteration. merger. or demolition. Within 12 months of the effective date ofthe ordinance in Board File No. 220878 amending this Section 176. the Planning Commission shall adopt factors and criteria for consideration. to be updated from time to time, to provide guidance to the Zoning Administrator when determining the appropriate penalty amount for violations sub;ect to this subsection (c)(l )(C)(i). (ii) Alteration or Damage to or Demolition of Historic Property. Whenever the alteration or demolition of a building or structure takes place in violation of this Code and the violation involves significant alteration or damage to or demolition of either a historic landmark. or contributor to one or more historic districts or conservation districts that are identified in the Appendices to Articles 10 and Article 11 of the Planning Code, or any property listed in the California Register of Historical Resources or the National Register of Historic Places. the Responsible Party each structure that is significantly altered or demolished without the issuance of an alteration or demolition permit as required by applicable codes. Within 12 months oft he effective date of the ordinance in Board File No. 220878 amending this Section 176, the Historic Preservation Commission shall adopt definitions for "significant alteration or damage" and "demolition" as those terms are applied in this Section 176(c)(1 }(C}(ii}. as well as relevant factors and criteria for consideration. to be Supervisors Ronen; Peskin, Chan BOARD OF SUPERVISORS Page updated from time to time, to provide guidance to the Zoning Administrator when determining the appropriate penalty amount for violations sub;ect to this subsection (c)(l )(C)_(_fil. (D) Restrictions on Construction. VVhenever the demolition of any building or structure containing one or more Residential Units, as defined in Section 317(b)(2)(8) or (C) but exclusive of the application of Section 317(b)(2)(D), takes place in violation of Section 317 of this Code, the site on which the unlawful demolition occurred shall be subject to the follm.ving restriction: For five years from the date of the unlmvful demolition, no permit authorizing the construction or alteration of any building or structure for that site shall be issued except for a permit for the construction or alteration of a building or structure with the same or a greater number of Residential Units, with the same or higher proportion of residential to nonresidential units as the building or structure that i.vas unlawfully demolished. In cases which qualify for the foregoing exception, the proposed area of all additional units must be at least 40% the gross square footage of the largest unit in the proposed project unless all units in the replacement project 1.vill be sold or rented at below market rates. All replacement Residential Units shall be subject to the Rent Ordinance (Administrative Code Chapter 37) to the same extent as the Residential Units that 1.vere demolished in violation of Section 317 of this Code. ---(E=-+) Hearings. (i) Zoning Administrator Hearing. A Responsible Party or other party identified as a violator in an NOV or Notice o(Additional Compliance Action And Accrued Penalties may appeal the NOV or Notice o(Additional Compliance Action And Accrued Penalties by submitting a request, in writing. to the Zoning Administrator within 30 days o(issuance ofthe NOV or Notice o(Additional Compliance Action And Accrued Penalties. The hearing shall be conducted in the manner provided in this subsection Supervisors Ronen; Peskin, Chan BOARD OF SUPERVISORS Page 8 (c)(l )(E)(i). An NOV or Notice of Additional Compliance Action And Accrued Penalties that is not timely appealed shall be final. Upon finality, an NOV, NOVPD. or Notice o(Additional Compliance Action And Accrued Penalties in its original or reduced amount may be collected pursuant to subsection (/). An appellantThe responsible party may request a Zoning Administrator's hearing in order to show cause why the notice requiring the cessation, removal, or correction of the violation and any assessment of administrative penalties is in error and should be rescinded, or why any assessed penalties should be reduced. The Zoning Administrator may designate a member of Department staff to act as the hearing officer in the Zoning Administrator's place. The Department shall send a notice of the date, hour, and place of the hearing to the appellantresponsible party at the address specified in the request for hearing and to any member of the public who has expressed an interest in the matter. Following the hearing. the Zoning Administrator or other hearing officer designated by the Zoning Administrator shall issue a NOVPD reflecting the Zoning Administrator's determination of the NOV appeal, identifying all individuals liable for the violation(s). and including a description of all corrective actions required, and all administrative penalties due for such violation(s). (ii) Direct Appeal to the Board of Appeals. The responsibk party mBy also request that #w Zoning Administrator terminate abatement proceedings under Section 176 end refer the matter to the Director for enforcement action under the process set forth in Sectiort 176.1. If the Zo19ing Administrator determines that the enforcement case will proceed under Section 176, that determination shell be made es pert afthejinal written decision and is not Bppealablc seperatclyfrom the decision on the merits. The appellant responsible party may waive the right to a Zoning Administrator's hearing and proceed directly to an appeal to the Board of Appeals under Section 308.2. Administrative penalties shall not accrue during the period of time that the Supervisors Ronen; Peskin, Chan BOARD OF SUPERVISORS Page matter is pending before the Zoning Administrator on a request for hearing or before the Board of Appeals on appeal, except that the accrual o{penalties will not be tolled during the period of any continuance or request for extension of time in the proceeding before the Zoning Administrator or the Board of Appeals granted at the request o(the Responsible Party. (iii) Appeals. If the responsible party any party listed in an NOVPD elects to request a Zoning Administrator's hearing appeal the NOVPD, such appeal shall be to the Board of Appeals., the request for hearing must be in writing a,qd submitted to the Zoning Administrator prior to the expiratio,q date &jthe ]Votice of Violation and Penalty. Ifa request for a Zoning Administrator's hearing is timelyfiled, any t1ppeal to the Board ofAppeals shall be from the decision o_fthe Zoning Administrator rendered tljter the hearing. (iv) Decision by the Zoning Administrator. The Zoning Administrator or the Zoning Administrator's designee, after a full and fair consideration of the evidence and testimony received at the hearing, shall render within 30 days following the conclusion of the hearing a written decision that either rescinds the notice of violation and dismisses the proceedings, upholds the original decision, or modifies the original decision. In rendering a decision, including a determination regarding the amount of administrative penalties to be assessed, i(any, the Zoning Administrator or the Zoning Administrator's designee shall consider: (Ag) whether the Eresponsible fparty or other appellant was properly identified; -(BQ) whether the accrual dates for the daily administrative penalties are accurate; (Gf) the amount of documented staff time spent in order to secure abatement of the violation; Supervisors Ronen; Peskin, Chan BOARD OF SUPERVISORS f/)4) the nature of the violation; Page 10 the Responsible Parties; fEu the duration of the violation; fF.D whether the violation was willful or intentional,· g. whether the violation resulted in a financial gain to one or more of lL_efforts made by the B.+<esponsible !!party to correct the violation; {Gi) the impact of the violation upon the community; {Hi.)- any instance in which the B.+<esponsible !!party has been in violation of the same or similar laws at the same or other locations in the City and County of San Francisco; f!!s) the B.+<esponsible !.!party's good faith efforts to comply; f.JU whether the violation is easy to correct; tmd (K!!!:) whether the violation o[the Planning Code resulted in the displacement of one or more tenants,· n. whether the violations of the Planning Code created a nuisance, a public health hazard, or a dangerous condition on the affected property; o. whether the violation is reversible,· Q_Such other factors as the Zoning Administrator or the Zoning Administrator's designee may consider relevant; and q. for penalties imposed under subsection (c)(l)(C), the foregoing factors are in addition to the factors and criteria set forth in the fee schedule described in that fee subsection. (v) Appeal of Zoning Administrator Determination to the Board of Appeals. In hearing any appeal of the Zoning Administrator's determination, the Board of Appeals shall consider the above factors. If the Board upholds the Zoning Administrator's decision in whole or in part but reduces the amount of the daily penalty applicable under Supervisors Ronen; Peskin, Chan BOARD OF SUPERVISORS Page 11 subsection (c) (I) (A), it may not reduce the amount of the penalty below $..J-00200 for each day that the violation exists, excluding the period of time that the matter has been pending either before the Zoning Administrator on a request for hearing or before the Board of Appeals on appeal. If the Board of Appeals upholds the Zoning Administrator's decision in whole or in part with respect to the penalty applicable under subsection (c)(I )(C), but reduces the amount of such penalty, it may not reduce the amount o(the penalty below $50,000 for each residential unit added or removed without authorization, or $100,000 for each historic landmark, or contributor to one or more historic districts or conservation districts that are identified in the Appendices to Articles IO and Article I I of the Planning Code, or property listed in the California Register of Historical Resources or the National Register of Historic Places, that is significantly damaged or altered, or demolished. In edditien to eny edministreti.Je penelties imposed under this subsectie,q (c)(J), the Zoning Administreter may recover eny ettomeys 'fees end costs, including but net limited to expert witness fees, incurred by the City in pursuing edministreti'.1e remedies. The provision of administrative penalties is net intended to bepunitiw in neture but is intended to secure compliance with and deter violations of the Planning Code and to compensate the City for its costs of enforcement. (vi) Order of Abatement. Upon the expiration of 90 days following the .finality ofan NOV, NOVPD, or Notice of Additional Compliance Actions and Accrued Penalties, the Department may record an Order of Abatement against the property's records in the Office of the Recorder oft he City and County of San Francisco. The Department may also report any licensed professional responsible for the violation(s) to the appropriate local, state, or federal licensing boards. Within I 4 business days afier the violation has been finally abated and all restrictions imposed by the NOV or NOVPD have expired, the Department shall record a notice of compliance that cancels the order of abatement. Supervisors Ronen; Peskin, Chan BOARD OF SUPERVISORS Page 1 (2) Civil Penalties. Any individual, firm, partnership, corporation, company, association, society, group, or other person or legal entity that violates any provision of this Code shall be liable for the City's costs of enforcement and a civil penalty, of not less than $200 and not more than $1. 000 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 pfeople of the City and County of San Francisco by the City Attorney in any court of competent jurisdiction. For purposes of this Section 176, each real property address, each commercial or dwelling unit within a multi-unit real property address affected by a violation, and each separate violation o[the Planning Code is a distinct violation for calculation of applicable civil penalties. The City Attorney mBy seek reco·i1ery &Jany, when it is the prevailing party, shall be awarded reasonable attorneys' fees and costs, including but not limited to expert witness fees, and costs o[investigationJncurred by the City in bringing such civil action. For civil actions to enforce Municipal Code provisions related to general advertising signs, the penalties, attorneys' fees, and costs set forth in this Section 176 shall be in addition to those authorized by Section 610 of this Code. In assessing the amount of the civil penalty, the court shall 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: (A) the nature and seriousness of the misconduct, including but not limited to whether the violation resulted in any public health or safety hazard, or a dangerous condition on the affected property, and the impact of the violation on the occupants of the property and the surrounding neighborhood,· (B) (C) (D) the number of violations; the persistence of the misconduct; the length of time over which the misconduct occurred; Supervisors Ronen; Peskin, Chan BOARD OF SUPERVISORS Page 1 the willfulness of the misconduct; (E) (F) whether the violation of the Planning Code resulted in the displacement of one or more tenants.· {G) whether the violation is reversible,· (H) whether the violation damaged or demolished a historic landmark, or contributor to a historic district, identified in Appendix A to Articles 10 and 11 of the Planning Code, or anyproperty listed in the California Register of Historical Resources or the National Register of Historic Places,· (I) the violator's financial gain or opportunity for financial gain from the misconduct; and (J) the defendant's assets, liabilities, and net worth. (3) Criminal Penalties. Any individual, firm, partnership, corporation, company, association, society, group, or other person or legal entity that violates any provision of this Code shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not less than $200 or be imprisoned for a period not exceeding six months or be both so fined and imprisoned. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. (4) Planning Code Enforcement Fund. Any fees and penalties collected pursuant to this Section 176 except those collected pursuant to subsection (b)(5) shall be deposited in the Planning Code Enforcement Fund established by Administrative Code Section 10.100-166, and shall be used for the purposes specified in that section. The Planning Department, through the Planning Code Enforcement Fund, shall reimburse City departments and agencies, including the City Attorney's Office, for all costs and fees incurred in the enforcement of this Section 176. Supervisors Ronen; Peskin, Chan BOARD OF SUPERVISORS Page 1 (5) Affordable Housing Enforcement Fund. Any fees and penalties described in subsection (c)(2) that are collected as a result of the enforcement efforts of MOHCD as provided in subsection (b)(5), shall be deposited in the Affordable Housing Enforcement Fund established by Administrative Code Section 10.100-10. MOHCD shall reimburse City departments and agencies including the City Attorney's Office, for all costs and fees incurred in the enforcement of this Section 176, from the Affordable Housing Enforcement Fund. (d) Additional Methods of Enforcement and Penalties for Violation of Sign Regulations. Violation of the general advertising sign regulations set forth in Article 6 are subject to the administrative penalties and enforcement procedures set forth in Section 610 of this Code, in addition to those set forth in this Section 176. ( e) Use of Penalties Cellected. All penalties collected under this Section 176 shall he deposited in the Planning Code Enforcement Fund established in Administratiw Code Section 10.100.166 and shall he used for the purposes specified in tI1:at section. Failure to Pay Administrative Penalties. If the Responsible Party fails to pay the administrative penalties to the Department within 30 days of the date on which an NOVPD or Notice of Additional Compliance Actions And Accrued Penalties specifj;ing such penalty amount becomes final, the Zoning Administrator may take such actions to collect the penalties and any unpaid Time and Materials owed to the Department as the Zoning Administrator deems appropriate, including (I) referral of the matter to the Bureau ofDelinquent Revenue Collection under Chapter JO, Article V, Section 10.39 ofthe seq. ofthe Administrative Code, and (3) requesting that the CityAttorneypursue collection ofthe penalties imposed against the Responsible Party in a civil action. (f) Remedies Not Exclusive. Remedies under this Section 176 are non-exclusive, and, notwithstanding subsection (b)(2), the City Attorney may at any time institute civil proceedings for injunctive and monetary relief, including civil penalties, against any person for violations of Supervisors Ronen; Peskin, Chan BOARD OF SUPERVISORS Page 1 the Planning Code, without regard to whether the Zoning Administrator has issued a notice of violation, instituted abatement proceedings, scheduled or held a hearing on a notice of violation, or issued a final decision. For proceedings instituted under this subsection (f), the City Attorney shall notify the Zoning Administrator or the Planning Director, as appropriate, and collaborate, where mutually desired, on the prosecution of the action. The City Attorney may seek recowry of any attorneys 'fees and costs, including but not limited to expert )Fitness fees, incurred by the City in bringing a proceedings under this subsection (I). SEC. 176.1. ADAIINISTRATIVE ENPVRCEAIENTPROCEDURES. (a) Purpose and Intent. (1) The Board &JSuper';isorsfinds that enforcement &}the Ptanning Code is vital to ensuring the quality &f life in San Francisco's neighborhoods and in the City as a whole. A comprehensi..,,1e code eriforcementpregram using a combination afjudicial and administrative remedies is likely to be the most successful approach to secure compliance with Planning Cede requirements. There.fore, it is in the best interests of the City and its citizens to prm?ide an alternative method of administrative enforcement that is designed to induce compliance with the Planning Cede through actio19 by the Director to issue and record orders o_fabatement and assess administrative pe1wlties. (2) The alternative methods o_f administrative eriforcement established by this Section do not reptace but rather are intended to supplement the eriforcement remedies established in Section 176 and other penalties or methods of enforcement, both: civil and criminal, that are authorized by taw. The provision for administratiw penalties is not inte19ded to be punitive in nature but is intended to secure compliance ·with the Planning Cede and to compensate the City for its costs of enforcement. (3) By establishing multiple e1eforcemcnt niechanisms, it is intended that the Department will elect to use the mechanism most likely to achieve an expeditious and (}ffective resolution of the 'riotation in aparticutar case with the best use ofthe City's resources. In exercising this discretion, the Department should usually elect to use the Director's authority under this Section 176.1 in those cases Supervisors Ronen; Peskin, Chan BOARD OF SUPERVISORS Page 16 where the legal or.factual issues are not complex and where an interpretation o.fthe Planning Code is not at issue, and reserve the enforcement mechanisms in Section 176 fer those cases that are more complex or ·where interpretations ofthe Planning Code are at issue. (b) Authority afthe Director. The Director nu:1y enforce against ;1iolations ofthe Planning Code through #w alternative administrati1;e remedies ofth,is Sectio,q 176.1. The Director mBy de8ignate a member a/Department staff to act under his or her authority ·with re8pect to any action the Director is authorised to teke i1q this Section 1 76.1. lfthe Department elects to use the administrati'.1e remedies of this Section, the Department must use the abatement process set fort}z in this Section. Hmvever, as provided in Section (d) (3) below, the Department is notprecludedfrom pursing the alternative remedies o.fSection 176 ifabetement of the ;1iolation has not been achieved under this Section 176.1. In addition, the Department's election af this process shall not affect the City Attorney's Charter authority to pursue a ci;1il action. lfthe City Attorney filed a civil action against the property prior to the Director's issuance o.fthe notice of 1;1iolation under this Section 176.1, at the City Attorney's election the process under this Section 176.1 shall be terminated and abatement of the alleged ;1iolations shall be pur~ued by the City Attorney in the ongoing ci;1il action. (c) 1Votice o.f Violation. (1) Issuance. After the Department has determined that a ';liolation of this Code exists, the Director shall gi1;e ·written notice of the 11iolation to the re8ponsible party. For purposes of this Section 176.1, "re8ponsible party" means the owners(s) of the real property on which the code violation is located, as listed in the records of the San Fmncisco Assessor, and the current leaseholder if different .from the current owner(s) o.fthe real property. (2) Contents ofl\lotice. The notice shall cite to this Section 176.1 a1qd describe the 11iolation(s) with 8pecificity, including: the date and location of the ;1iolations and the Bpproximate time tlw violations were observed; citation to Bpplicable Code sections; and a description o.fhow ·what was Supervisors Ronen; Peskin, Chan BOARD OF SUPERVISORS Page 1 observed violated the Code sections. The notice o_f violation shall state that the responsible party has thirty days from the date ofservice to (i) correct all ',liolations or (ii) .file an application for a building permit or other authorization necessary to abate the violations andproceed diligently to obtain all approvals and complete the work, as specified by the Director's order and within the time periods required. The notice of violation shall inform the responsible party that if the action required in the notice of •;iolation is not taken by the stipulated deadline, the Director ,viU (i) will issue a1'l order &f abatement, (ii) cause the order ofabatement to be recorded against the property's records in the Office of the Recorder &}the City and County o_fSan Francisco, and (iii) assess administrati.re penalties under Section 176.1 (e). The notice of violation shall also inform the responsible party of the right to request a Director's hearing under Subsection (d) (3) below prior to issuance ofan order &}abatement and assessment ofadministrati.re penalties. Service of the notice o_fviolation shall be as specified in Section (g) below. (d) Order &}Abatement. (1) Issuance; Administrative Penalties; Request for Hcaring. Ifaproperty remains in violation efter the deadlines established in the notice of violation, the Director shall issue an order of abatement and assess administrati.re penalties against the responsible party byfoUoH·ing the procedure setforth in Section 176.1 (e). The order o_fabatement shall state tlw amount ofpenaity imposed, explain hmi· and when the penalty shall be paid, and describe the conseque,wes of failure to pay the penalty. The order of abatement shell inform t,lw responsible perty of the right to t1ppeel the order of ebetement end essessment &f edministratiw peneities to an administrative law judge under Subsection (/} below. The Depertment shell not proceed to enforce the order ofebateme1'lt or collect the edministretive penelties until the time for appeel hes pessed or the order endpeneities heve been btpheld on t1ppeai. (2) Recording. The Director shall record the order ofebatement egainst the property's records in the Office of the Recorder of the City end County ofSen Frencisco. The Depertment shell Supervisors Ronen; Peskin, Chan BOARD OF SUPERVISORS Page 18 not record the order afabatemem until the time for appeal has passed or the Director's decision has been upheld on appeal. Within fourteen business days cefter the violation has been finally abated and all fees and penalties ha·,,1e been paid, the Director shall record a notice o.fcompliance that cancels the order efabatement. (3) Request for Hearing. Prior to expiratio,q of the compliance deadlines set forth in the notice of --;iolation, the responsible party may request a Director's hearil'l,f; in order to sho:w cause ·why the order o_fabatement should not issue and administrati·;e penalties should not be assessed. The responsible party ma)' also request that the Department not proceed with abate,nent proceedings under this Section 176.1 but instead proceed under Section 176. The Director's decision to continue proceeding under Section 176.1 isfinal and ,wt appealable. The Director may designate a member ofDepartl'lw1qt staff to may act in his or her place as the hearil'l,f; afficer. The hearil'l,f; afficer shall hare the same authority as the Director to hear and decide the case and to make any order pro--;ided for in this section. The responsible party may ',!iaive the right to a Director's hearing andproceed directly to an appeal under Subsection (f) below after the order of ab€Jtement is issued and administrative penalties have been assessed. If the responsible party requests €J Director's he€Jring, the following procedure shall apply: G4) Request for hearing; notice. The responsible party shall submit a written request for €J Director's hearil'l,f;prior to expiration afthe compli€lnce deadlines set forth in the notice of-violation on a form or in the manner required by the Director. The Director sh€1ll send a notice o.f the d€lte, hour, andpl€1ce afthe he€Jril'l,f; to the respo1qsible p€1rty €ft the address specified in the request for hearil'l,f; and to €Jny member o.f the public who has expressed €Jn interest in the matter. (BJ Decision. The Director or the Director's designee, efter a full €Jndfeir consider€Jtion afthe evidence and testimony received at the hearing, shall render ·within thirty days fellowil'l,f; the conclusion efthe he€Jril'l,f; €J written decision 1Fhich either dismisses the proceedil'l,f;S or order~ issuance Supervisors Ronen; Peskin, Chan BOARD OF SUPERVISORS Page 1 &j the order o.fabatement and assessment of the administrative penalties. In rendering a decision, the Director or the Director's designee shall consider the follmvir,,g: (i) whether the responsible party was properly identified; (ii) whether the accrual dates fer the administrative penalties are accurate; (iii) the amount o.fdocumented st€ljf time spent in order to secure abatement &j the ,;iolation; (ir) the nature of the ,;iolation; (v) the duration &/the violation; (vi) efferts made by the responsible party to correct the violation; (vii) the impact of the ·violation upon the community; (viii) any instance in which the responsible party has been in violation &}the same or similar lav,·s at the same or other locations in the City and County &}San Francisco; (ix) the responsible party's good faith efforts to comply; (x) whether the violation is easy to correct; and (xi) such other factors as the Director or the Director's designee may consider relevant. (e) Administratiw PenRlties. (1) Assessment. In Rn order o.fabatement issued under Subsection (d) Rbme, the Director shall assess Rdministrflti-;e penRlties for violation o.fthe Planning Code. A penRlty shall be assessed for each ,;iolation obserwd. Peyment o_fthe penalty shall not excuse failure to correct the violations nor shall it bar further enforcement action by the City. (2) Amount of:Penalty. The penalty assessed for each violation shall be $100. 00 if the ';iolation has not been corrected within thirty deysfrom the date o.fser,;ice of the notice &/violation, violation, and $500. 00 if the violation has not been corrected withi,q ninety days from the date of Supervisors Ronen; Peskin, Chan BOARD OF SUPERVISORS Page 2 service af the notice of violation. !fat the end of tlw 90 day period the viomtion has not been corrected and the matter has not been appealed, the Zoning Administrator may exercise his or her discretion to initiate abatement proceedings under Section 176 af this Code or to refer the matter to the City Attomey or District A ttomey for prosecution. (3) Failure to Pay the Administrative Penalties. If the responsible party fails to pay the administrative penalties to the Department ·within thirty days of service of the order a/abatement, or within thirty days of the date the penalties have been upheld on appeal, the Director may take such action to collect the fees as he or she deems appropriate, including (i) referral af the matter to the Bureau ofDelinquent Re·;enue Collection under Article V, Section 10. 39 of the San Francisco Administrath•e Code, initiation aflien proceedings under Article XX, Section 10. 230 et seq. of the Se:n Francisco Administrati·;e Code, and/or a requesting that the City Attorney pursue collection of the penalties imposed against the Responsible Party in a ci'.Jil action. The City Attorney may request its attomeys 'fees in €11'1,)' action that he or she pursues to collect the administrative penalties or to e,eforce collection af the penalties. (f) Appeal a/Order a/Abatement and Administrative Penalties. (1) },{ethod o.fAppeal; Fee. The responsible party may appeal the issuance ofan order of abatement and any the administrative penalties assessed in the order byjiling a ·written request in the form required by the Department ,vithinfifleen days afthe service of the order. The appeal shall describe in detail wh)· the appellant beliews that the order ofabatement was issued in en·or or why t,l,w administrative penalty was assessed in error or should be modified. The appeal shall bejiled on a.form or in the manner required by the Director and be accompanied by the paynwnt of a fee of$ 400. 00. The Department shall increase this fee on an annual basis at a rate equal to that of the Consumer Price Index (CPI). In addition to the appeal fee and administrative penalties assessed in the order a/abatement, the Director shall assess upon the responsible party the Department's cost of preparation for and appearance at the hearing and all prior Supervisors Ronen; Peskin, Chan BOARD OF SUPERVISORS Page 21 and subsequent attendant costs of the enforcement action. These fees shall be waived if the responsible party 1,vould qualifj,'for a waiver of court fees and costs under California Government Code Section 68511.3. (2) Scheduling o.fHearing. Upon timelyfiling of the appeal andpayment of the appeal fee, the Director shall schedule a hearing before an administrative law judge, H1ho shall serve as the hearing tef.fieer. The hearing shall be scheduled for a date no later than thirty days after the request. The Director shall notifj,· the responsible party and the appellant, ifdifferentfrom the respo1?sible party, of the hearing date, hour, andplaee oftlw hearing as soon as the hearing is scheduled and i,q no e-ve1?t later than ten days prior to the hearing. lVotiee of the hearing shall also be given to any member of the public who has expressed interest in the matter. ]Votiee shall be given in the ma,mer specified in Subsection (g) belmv. (3) Documentation to be Provided to the Administrative Law Judge. The Director shall provide to the administrative la--,vjudge no later than ten day'Sprior to the hearing a copy o.fthe Department's ease file, which shall include at a minimum the notice ofviolation, the order of abatement, other written communications between the Department and the responsible party, and communications submitted by interested members afthe public concerning the ease. The Director may also submit, but is not required to do so, ·written arguments on ·why the Director's order should be upheld. Anything submitted to the administrative law judge by either party· to the appeal shall be sen-ed upon the other party· at the same time and in the same ,na1?ner as it is submitted to the administrative laH·judge. (4) Hearing and Decision. The administrative law judge shall hold a public hearing to hear the appeal of the Director's order of abatement and/or assessment of administrative pe1?alties. In considering the appeal, the administrative law judge shall consider the following: 64) ·whether the responsible party· ·was properly identified; (B) ·whether the accrual dates for the administrative penalties are accurate; Supervisors Ronen; Peskin, Chan BOARD OF SUPERVISORS Page2 violation; (C) the amount o.fdocumented staff time spent in order to secure EJbatement of the (D) the nature ofthe violation; (E) the duration o.f the violation; (F) efforts made by the responsible party to correct the ·,?iolation; (G) the impact of the violation upon the community; (H) any instance i,q which the responsible party has been in ·,?iolation o.f the same or similar laws at the same or other locations in the City and County o.fSan Francisco; (I) the responsible party's good faith efforts to comply; and (J) whether the ·,?iolation is easy to correct; and (K-) such other factors as the administrati"ve la-wjudge may consider relevant. The decision o.fthe administrati'lle law judge shaU be based upon, but not limited to, pro'llisions of the San Francisco Planning Code, anyfinal Zoning Administrator interpretations, the San Francisco Building Code, buUdingpermits issued by the City, and anyfinal decisions of the San Francisco Board o.f'Appeals concerning the subject building or property. The administrati·re IElwjudge shaU issue a written decision on the appeal ·wifl-zin thirty dey'S of the conclusion af the hearing. The decision shaU be serwd on the responsible party by certified maU by deposit in the United States maU in a sealed emelope, postage prepaid, addressed to the responsible party at the address provided to the administrative law judge by the responsible party. Service shaU be considered to haw been completed at the time of deposit in the United States maU. A copy of the decision shaU also be mailed to the Director of Planning at the offices afthe Planning Department. (5) Continuance of Hearing. The parties may by mutual agreement continue the hearing date. If the parties do not mutually agree on another hearing date, the party wanting a continuance may request the administrative la-w judge to grant the continuance by submitting a written request for a Supervisors Ronen; Peskin, Chan BOARD OF SUPERVISORS Page 2 eontimttmee and demonstrating good cause with supporting documentation. A written request for a continuance shall be made at the earliest possible date but in no event less thanfive days before the hearing unless unforeseen circumstances pre·i1ent such notifieatio11. The party requesting the continuance shall notifj,· any other parties of the request in the most expeditious manner and provide them with copies of the eornplete request and the supporting documentation. A request fer continuance made at the time af the hearing may be granted only in those exceptional eases where the requesting party demonstrates both good cause and that the party ·,vas unable through no fault of their ow11 to make the request at an earlier time. The admi11istrative lmv judge may grant more than one continuance, but the combination of all continuances granted shall be for no longer than forty jive For purposes of this section, "good cause" may include: (A) the illness afa party, an attorney or other authorized representative ofa party, or a material ,vitness of a party; (B) ·i1erified tra·,;el ofa party, attorney, or material witness outside ofSan Francisco scheduled before receipt of the notice ofhearing; (C) failure to reeei·;e timely notice of the hearing date; or (D) any other reason lvhieh makes it impossible or irifeasible to appear on the scheduled date due to unforeseen circumstances or verifiedpre arrangedplans that cannot be changed. },1ere inconvenience in appearing shall not be considered sufficient good cause. In deciding whether to grant the request fer eontinual'we, the adn1inistratf-ve law judge shall also take into consideration the nature of the alleged violation and its impact on neighboring properties and the general public if the alleged violations are allowed to continue for an additional period of time. Supervisors Ronen; Peskin, Chan BOARD OF SUPERVISORS Page 2 (6) Finality and Effect of the Decision. The decision ~fthc administrative law judge shall be the City'sfinal administrathrc action on the matter and there shall be no furtlwr administrative appeals. (7) Compliance ·with Decision. Ifthc administrative lawjudgc upholds the Director's order of abatement in whole or in part, the responsible party shall comply with the decision and pay to the Department any administratiw penalties that ·were lif)hcld within thirty days of the date the decision w& served. Ifthc responsible party is proceeding diligently to obtain required permits and to complete the abatement work, #w Director may grant additional time to comply with: the decision. If the responsible party fails to comply ·with the decision and/or to pay the administrati-ve penalties ·within tlw time period required, the Director may take such action to collect the fees and enforce the decision as he or she deems appropriate, including (i) referral of the matter to the Bureau ofDclinqucnt Rc'lcnuc Collection under Article V, Section 10.39 ofthe San Francisco Administrati-..·e Code, initiation oflicn proceedings under Article XX, Section I 0. 230 ct seq. of the San Francisco Administrath1c Code, and/or a requesting that the City Attorney pursue enforcement of the decision and collection afthc penalties imposed against the responsible party in a civil action. If the administrative la·wjudgc O'rcrrulcs the Director and determines that the order of abatement was issued in error, the Department shall consider tlw case abated and all administrative penalties rescinded. (8) Rescission of Order o.fAbatemcnt or Withdrawal ofAppcal Prior to the Hearing. Ifthc Director rescinds the order of abatement in its entirety prior to the hearing, the case shall be considered abated and the appeal ·withdrawn, and any assessed administratiw penalties shall be considered rescinded. The Department shall refund to the responsible party in a timely manner any appeal fees that he or she has paid If the responsible party elects to withdraw the appeal and comply ',vith the order o.f abatement, the Department shall refund in a timely manner any appeal fees that he or she has paid. Supervisors Ronen; Peskin, Chan BOARD OF SUPERVISORS Page 2 Any administrative penalties already assessed must be paid in full before tlw Department ·will consider the case abated. If the responsible party withdrffws the appeal within ten days &jt.lw date the appeal was filed, he or she may apply to the Director in writing for a reduction in the amount of any assessed administrative penalties based upon the number of days betH·een the filing of the appeal and its withdrawal. Any decision hy the Director to gra11t or deny the request shall be at the Director's sole discretion and is not appealable (g) Service &/Notices and Orders; Proof&fSenice. Service &fa notice o.fviolation, order &f abatement, or other notice or order required by this Section 176.1 8hall be giwn to the owner &jthe property or other person to be notified by depositing the notice or order in the United States mail in a sealed ew.1elope, postage prepaid, addressed to the person to be notified at that person's last known business or residence address as shown in the Assessor's record8. Service by mail shall be considered to have been completed at the time o,fdeposit in the United States mail. If the identity of the person or business entity mw1ing the property in question is unknown, the notice of violation shall be posted in a conspicuob/S location on, or if access to the property is not mailable in a conspicuous location as close as practicable to, the building or property. The notice shall also be hand deli1>1ered to the person, if any, in real or apparent charge and control of the subject premises or property. 011ce the identity of the person or business entity is known, the notice of violation shall be mailed to such person or business entity without the delay affecting the time limits, fees, or administrative penalties imposed by this Section 176.1. Proo,f o,fgi·.1ing any notice may be made by the certificate &j any &jjicer or employee &j the City and County of San Francisco or by affidavit of any person over the age of 18 years, which shows ser.1ice in conformity with the San Francisco Afunicipal Code or any other applicable prmisions &f Supervisors Ronen; Peskin, Chan BOARD OF SUPERVISORS Page 2 (h) Failure of the City to Comply v.·ith Time lines. The failure o_f the Director, the Department, or the administrative lawjudge to comply ·with any o,fthe timelines set forth in this Section 176.1 shall not render the code violations unenforceable. (i) Use ofFees and Penelties Collected. All fees endpenalties collected under this Section 176.1 shall be deposited in the Plenning Code Eriforcement Fund esteblished in Administrative Code Section 10.100.166 and shall be used for the purposes specified in that section. 0) Remedies under this Section 176.1 are non exclush·e, and the City At-terney may' at any' time institute civil proceedings for injunctive and monetary relief, including civil penalties, against any person for 'riolations of the Planning Code, without regard to whether the Planning Director has issued a notice o.f ,?iolation, scheduled or held a hearing on a notice of violation, issued an order o,fabatement and/or an assessment ofadministrative penalties, or ·whether an appeal has bee,qfiled or decided SEC. 350. FEES. * * * * (g) Time and Materials. The Planning Department shall charge the applicant for any time and materials cos~ incurred in excess of the initial fee charged if required to recover the Department's costs for providing services. (1) The Department shall charge time and materials to recover the cost of correcting code violations and violations of Planning Commission and Department conditions of approval of use if such costs are not covered by the monitoring fee for conditions of approval specified in the Planning Department Fee Schedule. (2) Where a different limitation on time and material~ charges is set forth elsewhere in this Article 3.5, that limitation shall prevail. (3) The Planning Department may also charge the applicant for any time and materials costs incurred by any other departments or agencyies of the City and County of San Supervisors Ronen; Peskin, Chan BOARD OF SUPERVISORS Page 2 Francisco, or may authorize such other departments or agencies of the City and County to charge directly for any time and materials costs incurred by the respective department or agency to recover the cost of correcting code violations, and violations of Planning Commission and Department conditions of approval. (4) Any balance of time and materials costs for active and open projects must be paid in full one week in advance of a scheduled public hearing before the Planning Commission to consider the project or before Planning Department approval issut11'1ce of the first site permit if no hearing is required. * * * * Section 4. The Building Code is hereby amended by revising Sections 102A.8 and 103A (including Sections 103A.3.1, 103A.3.4, 103A.3.5, and 103A.3.7), to read as follows: 102A.8 Remedies are Non-Exclusive. Notwithstanding the provisions of Sections 102A.4 through 102A.7, the City Attorney may institute civil proceedings for injunctive and monetary relief, including civil penalties, against a building owner for violations of the Municipal Code under any circumstances, without regard to whether a complaint has been filed or the Building Official has issued a NOV or an Administrative Order. In any civil action filed by the City Attorney under this Section 102A.8, the City AUorney may seek recmery &fend tlw court ma)' ewerd the City its, when it is the prevailing party, shall be awarded reasonable attorneys~ fees and costs, including but not limited to expert witness fees, and costs of investigation incurred in bringing the proceedings. SECTION 103A - VIOLATIONS It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupyL or maintain any Supervisors Ronen; Peskin, Chan BOARD OF SUPERVISORS Page 28 building, structure, property, or portions thereof or cause or permit the same to be done in violation of this code. (a) Penalties. (I) Civil Penalties. Any person, the owner 1. or the owner's authorized agent, who provides false information on permit applications or plans, or who otherwise violates, disobeys, omits, neglects, or refuses to comply with, or resists or opposes the execution of any of the provisions of this Ceode, shall be liable for a civil penalty, not less than $200, and not to exceed $J.OOJ,OOO, 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 pfeople of the City and County of San Francisco by the City Attorney in any court of competent jurisdiction. Any penalty assessed and recovered in an action brought pursuant to this paragraphsubsection {gJflJ_ shall be paid to the City Treasurer and credited to the Department's Special Fund. For purposes of this subsection (a)(]), each real property address, each commercial or dwelling unit within a multi-unit real property address affected by a violation, and each separate violation of the Building Code is a distinct violation for calculation of applicable civil penalties. In assessing the amount oft he civil penalty, the court shall 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: {A) the nature and seriousness of the misconduct, including but not limited to whether the violation resulted in any public health or safety hazard, or a dangerous condition on the affected property, and the impact of the violation on the occupants of the property and the surrounding neighborhood,· (B) (C) (D) Supervisors Ronen; Peskin, Chan BOARD OF SUPERVISORS the number of violations; the persistence of the misconduct; the length of time over which the misconduct occurred; Page 2 the willfulness of the misconduct; (E) F whether the violation o the Buildin Code resulted in the dis lacement o one or more tenants,· (G) whether the violation is reversible; (H) the violator's financial gain or opportunity for financial gain from the misconduct; and (I) the defendant's assets. liabilities and net worth. (2) Criminal Penalties. Any person, the owner'- or the owner's authorized agent, who violates, disobeys, omits, neglects, or refuses to comply with, or who resists or opposes the execution of any of the provisions of this code, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding $J.OOJ.OOO, or by imprisonment not exceeding six months, or by both such fine and imprisonment, unless otherwise provided in this code, and shall be deemed guilty of a separate offense for every day such violation, disobedience, omission, neglect or refusal shall continue. Any person who shall do any work in violation of any of the provisions of this code, and any person having charge of such work who shall permit it to be done, shall be liable to the penalty provided. It shall be unlawful for any person to interfere with the posting of any notice provided for in this code, or to tear down or mutilate any such notice posted by the Department. * * * * 103A.3 Restrictions of unlawful residential demolition replacement. 103A.3.1 Demolition without permit. Whenever the demolition of any building or structure co11taining one or more residential units takes place, including as defined in Section 317(b)(2)(B) or (C) but exclusive of the application ofSection 317(b)(2)(D), without the issuance of a demolition permit as required by this code, the site on which the unlawful demolition occurred shall be subject to the following restriction: For five years from the date of the Supervisors Ronen; Peskin, Chan BOARD OF SUPERVISORS Page 3 unlawful demolition, no permit authorizing the construction or alteration of any building or structure for that site shall be issued, except for a permit for the construction or alteration of a building or structure with the same or greater number of residential units, with the same or higher proportion of residential to nonresidential units and ·with the same or fewer square feet as the building or structure that was unlawfully demolished. In cases which qualify for the foregoing exception. the proposed area of all additional units must be at least 40% the gross square footage of the largest unit in the proposed proiect unless all units in the replacement proiect will be sold or rented at below market rates. All replacement Residential Units shall be subiect to the Rent Ordinance (Administrative Code Chapter 37) to the same extent as the Residential Units that were demolished in violation of Section 317 oft his Code.* * * * 103A.3.4 Civil penalties. Any agent, contractor,. or other person acting on behalf of the owner of a building or structure containing one or more residential units who causes or permits the demolition of the building or structure with the knowledge that a demolition permit has not been issued as required by this code shall be subject to a civil penalty of $JOJ,000. Any owner who causes or permits thi! demolition of his or her building or structure containing one or more residential units ·with the knmvledge that no demolition permit has been issued as required by this code shall be subject to a ci.lil penalty of $1, 000. 103A.3.5 Penalties nonexclusive. The penalties set forth in this section I 03A are not exclusive, but are in addition to any other penalties set forth in this code, in other San Francisco Municipal codes. or in state law. * * * * 103A.4.7 Violation a public nuisance; enforcement. A property in violation of the provisions of this section is deemed to be a public nuisance and subject to enforcement by the Department and penalties under Section 102A and 103A of this Code or under other applicable sections of the San Francisco Municipal Code or state law. Supervisors Ronen; Peskin, Chan BOARD OF SUPERVISORS Page 31 * * * * Section 5. Effective Date; Application of Ordinance. (a) This ordinance shall become effective 30 days after enactment. Enactment occurs when the Mayor signs the ordinance, the Mayor returns the ordinance unsigned or does not sign the ordinance within ten days of receiving it, or the Board of Supervisors overrides the Mayor's veto of the ordinance. (b) The following increased penalties or new fines contained in this ordinance shall apply to violations of the Planning Code or Building Code that were committed on or after the effective date of the ordinance: (1) the provision in Planning Code Section 176(c)(1 )(A) that "For purposes of this subdivision (c)(1 )(A), each real property address, each commercial or dwelling unit within a multi-unit real property address affected by a violation, and each separate violation of the Planning Code is a distinct violation for calculation of applicable administrative penalties; (2) the provision in Planning Code Section 176(c)(1)(A) authorizing more than $250 per day in daily administrative penalties (i.e., the $250 cap shall continue to apply to violations committed prior to the effective date of the ordinance); (3) the fines and other consequences provided for in Planning Code Section 176(c)(1)(C); (4) the provision in Planning Code Section 176(c)(2) that "For purposes of this subdivision (c)(2), each real property address, each commercial or dwelling unit within a multi- unit real property address affected by a violation, and each separate violation of the Planning Code is a distinct violation for calculation of applicable civil penalties."; (5) the provision in Building Code Section 103A(a)(1) that "For purposes of this subdivision (a)(1 ), each real property address, each commercial or dwelling unit within a multi- Supervisors Ronen; Peskin, Chan BOARD OF SUPERVISORS Page 3 unit real property address affected by a violation, and each separate violation of the Planning Code is a distinct violation for calculation of applicable civil penalties."; (6) the provision setting a $200 minimum for daily civil penalties under Building Code section 103A(a)(1 ); (7) the provision in Building Code section 103A.3.3 authorizing a fine in excess of $5,000 (i.e., the $5,000 fine amount shall apply to violations committed prior to the Effective Date). All other provisions of this ordinance shall apply to pending proceedings for violations of the Building Code or Planning Code, unless such application would violate the United States Constitution or California Constitution. Section 6. Scope of Ordinance. In enacting this ordinance, the Board of Supervisors intends to amend only those words, phrases, paragraphs, subsections, sections, articles, numbers, punctuation marks, charts, diagrams, or any other constituent parts of the Municipal Code (including the Planning and Building Codes) that are explicitly shown in this ordinance as additions, deletions, Board amendment additions, and Board amendment deletions in accordance with the "Note" that appears under the official title of the ordinance. APPROVED AS TO FORM: DAVID CHIU, City Attorney By: Isl KRISTEN A. JENSEN KRISTEN A. JENSEN Deputy City Attorney n:\legana\as2023\2200160\01661127.docx Supervisors Ronen; Peskin, Chan BOARD OF SUPERVISORS Page 3 City and County of San Francisco Tails Ordinance City Hall I Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 File Number: 22.0878 Date Passed: March 21, 2023 Ordinance amending the Planning and Building Codes to increase fines and penalties for violations of Planning and Building Code provisions; clarify that violations affecting more than one unit in a building constitute multiple violations for purposes of assessing penalties; requiring the Planning Commission and the Historic Preservation Commission to adopt factors for the Zoning Administrator to consider in determining the appropriate amount of civil penalties; establishing penalties for residential units merged, constructed, or divided without required permits or approvals; establishing penalties for violations involving illegal demolition and enhancement of penalty amounts for certain buildings by age or historic status; providing additional notices for Responsible Parties; affirming the Planning Department's determination under the California Environmental Quality Act; and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1, and findings of public necessity, convenience, and welfare under Planning Code, Section 302. February 27, 2023 Land Use and Transportation Committee - CONTINUED March 06, 2023 Land Use and Transportation Committee - AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE March 06, 2023 Land Use and Transportation Cor:nmittee - RECOMMENDED AS AMENDED March 14, 2023 Board of Supervisors - PASSED ON FIRST READING Ayes: 11 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani and Walton March 21, 2023 Board of Supervisors - Fl NALLY PASSED City and County of San Francisco Ayes: 11 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Stefani and Walton Page 1 Printed at 10:47 am on 3/22/23 File No. 220878 London N. Breed Mayor City and County of San Francisco Page2 I hereby certify that the foregoing Ordinance was FINALLY PASSED on 3/21/2023 by the Board of Supervisors of the City and County of San Francisco. Angela Calvillo Clerk of the Board Date Approved Printed atJ0:47 am on 3/22/23