187

SEC. 187. AUDIT PROPERTIES; AMNESTY PROGRAM. (a) Intent. The purpose of this amnesty program is to provide relief from strict compliance with the Planning Code for properties subject to Notices of Violation (“NOV”) issued by the Department of Building Inspection as part of its Internal Quality Control Audit (“Audit”). The Audit identified approximately 5,500 properties that could have been subject to permitting and inspection irregularities. Pursuant to the Audit procedures, these properties were subject to additional review by DBI. As of January 1, 2025, DBI had issued approximately 100 NOVs as a result of the Audit. (b) Limitations. This Section 187 does not alter, modify, waive, or otherwise change the City’s legal defenses to and immunity from any responsibility or liability for harm caused by the conduct of any permit expediter, engineer, architect of record, or other design professional, such as Rodrigo Santos, or inspections by City employees, such as Bernard Curran, or anyone acting on behalf of or in concert with those individuals. The amnesty provided in this Section 187 does not relieve any property owner from complying with the Building Code or obtaining final legal inspection for any work subject to the Audit. (c) Definitions. For purposes of this Section 187 the following definitions shall apply: “Audit” means the Department of Building Inspection’s Internal Quality Control Audit, as it may be updated. “NOV Property” means any property identified in the Audit that is or has been subject to a NOV arising from the Audit. (d) Amnesty Determination. Notwithstanding any other provision of this Code, upon a written determination of the existing conditions made by the Planning Director (“Director”) or the Director’s designee pursuant to subsection (e), the physical condition and use of any NOV Property shall be considered an existing noncomplying structure and/or nonconforming use subject to this Article 1.7, after the property owner abates the NOV by obtaining a final certification of noncomplying conditions from the Department of Building Inspection pursuant to Building Code Section 106A.6, or a Building Permit. (e) Planning Determination of Nonconformity and Noncompliance. The Director or their designee shall document the degree of nonconformity or noncompliance for each NOV Property that is granted amnesty under this Section 187. The Director’s determination of the degree of nonconformity and/or noncompliance shall be based on any of the following: (1) historical photographs; (2) publicly available information, including any NOVs; (3) current photographs provided by the applicant, including photographs showing the NOV Property; (4) drawings provided by the applicant prepared by a state licensed contractor, architect, or registered engineer depicting the width, depth, height, projection, elevation, and other key characteristics of the NOV Property; (5) site inspections by the Planning Department, Department of Building Inspection, or other department having jurisdiction to perform such an inspection, if requested; and (6) any other document or information the Director deems relevant. Such determination shall be provided to the Department of Building Inspection under Building Code Section 106A.6. It shall be the obligation of the property owner to demonstrate eligibility for amnesty under this Section 187. The Director’s determination regarding the degree of nonconformity or noncompliance shall not be subject to appeal. (f) Waiver of Fees. The Planning Department shall waive all fees for applications or other actions under this Section 187. The Planning Department shall also refund any permit fees or enforcement fees and penalties related to abating a NOV issued pursuant to the Audit, regardless of whether the fees or penalties were paid prior to the effective date of the ordinance in Board File No. 250191. (g) Relationship to Planning Code. Pursuant to the provisions of this Section 187 and Building Code Section 106A.6, NOV Properties subject to the Audit may receive amnesty from the Planning Code and be considered existing noncomplying structures and/or nonconforming uses. Although NOV Properties may receive amnesty from strict compliance with the Planning Code for work subject to the Audit, NOV Properties may not enlarge, modify or otherwise intensify the noncomplying structures and/or nonconforming uses. Following receipt by property owner of a certification of existing conditions pursuant to Building Code Section 106A or a Building Permit to abate a NOV, any changes to the property shall be subject to the requirements of the Planning Code in effect as of the date of the subsequent work. (h) Application deadline. Any NOV Property must submit a complete amnesty application no later than three years after the effective date of the ordinance in Board File No. 250191. (i) Sunset. This Section 187 shall expire by operation of law five years after the effective date of the ordinance in Board File No. 250191, following which the City Attorney is authorized to cause it to be removed from the Planning Code. (Added by Ord. 171-25, File No. 250191, App. 9/5/2025, Eff. 10/6/2025) (Former Sec. 187 added by Ord. 443-78, App. 10/6/78; amended by Ord. 69-87, App. 3/13/87; repealed by Ord. 176-12 , File No. 120472, App. 8/7/2012, Eff. 9/6/2012) SEC. 187.1. AUTOMOTIVE SERVICE STATIONS, ELECTRIC VEHICLE CHARGING LOCATIONS, AND