Feature
Editor’s note: This spring, the Board of Supervisors enacted an ordinance requiring the installation of slip-resistant manhole covers on public sidewalks. Sponsored by Supervisor Aaron Peskin, the legislation was crafted in response to concern over possible personal injuries that occur due to antiquated covers. The ordinance authorizes the director of the San Francisco’s Department of Public Works to adopt slip resistant standards for the affected surfaces and covers after a public hearing. The standards would encourage preservation or adaptive reuse of such surfaces and covers. A public hearing is expected to be held several months from now. Please stay tuned.
Sec. 790. Slip Resistant Manhole, Vault, and Sub-sidewalk Basement Covers, Grilles, Grates, or Other Lids on the Public Sidewalk
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 surfaces and covers. Said
regulations shall be based on the U.S. Architectural and Transportation Barriers
Compliance Board's slip resistant recommendations or California Code of Regulations
Title 24, whichever is more restrictive. The Director 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 maximum extent feasible, preservation or adaptive reuse of
such surfaces and covers. The standards for these surfaces and covers may deviate
from 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; provided,
however, that in all instances the standards 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.
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 violation shall be
remedied.
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.
Abatement
After notification by the Director, the owner shall
obtain applicable Permit(s), and remove and replace
the non-compliant 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.
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 Public Works for any costs associated with abating the violation.
In addition, the Director may assess additional penalties, costs and abatement
charges in his or her discretion.
Administrative Penalties
The administrative penalties assessed pursuant to subsection
(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 Director 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, and the willfulness of the violator's misconduct.
Enforcement
Costs
In addition to the administrative penalty assessed
pursuant to subsection (f), the Director may assess
enforcement costs to cover the reasonable costs incurred
in enforcing the administrative penalty, including reasonable attorney's fees.
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 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 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 misconduct, 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.
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
authorized 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 jurisdiction holds that
Federal or State law, rule or regulation invalidates
any clause, sentence, paragraph, or subsection of
section 790 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 subsection so that the remainder
of sections 790 shall remain in effect. (Added by
Ord. 30-04, File No. 030677, App. 3/2/2004)
The opinions expressed in this article are those of author and do not necessarily reflect the viewpoint of the SFAA or the San Francisco Apartment Magazine. Copyright © 2004 by San Francisco Apartment Magazine. All Rights Reserved