Chapter 81 — [RESERVED] CHAPTER 80A: ORDERS TO VACATE DUE TO HAZARDOUS HOUSING CONDITIONS

Sec. 80A.1. Owner’s Obligation to Abate Nuisances and Notify Tenants.

Sec. 80A.2. Recovery of Costs.

Sec. 80A.3. Penalties.

Sec. 80A.4. City’s Additional Obligations.

(a) Nuisance Abatement. Each condition of property in violation of State law or the San Francisco Municipal Code contributing to a hazardous housing condition that leads the Fire Department and/or the Department of Building Inspection (“City code enforcement agency”) to issue an order to vacate constitutes a nuisance, which may be summarily abated by the City at the expense of the persons creating, causing, committing, or maintaining the nuisance. Nuisance abatement shall include City activities under either this Chapter 80A or Section 10.100-343 of the Administrative Code, or both, including disbursements from the Tenant Assistance Fund for Hazardous Housing established in Section 10.100-343 (the “Fund”), administration of the Fund, and delivery of services to tenants displaced by hazardous conditions. Each such person who has created, caused, committed, or maintained such a condition shall promptly reimburse the City all costs it incurs under this Chapter 80A and Section 10.100-343, as determined by the Director of the Department of Building Inspection or his or her designee (“DBI Director”), upon being notified of such costs. The DBI Director shall timely notify the owner of the HSA Director’s determination of the owner’s responsibility, and amounts owed to the City. The Controller shall deposit any funds the City collects or is reimbursed under this Chapter 80A into the Fund.

(b) Notification to Tenants. The owner of a building subject to an administrative order to vacate shall, upon issuance of such order, make a goodfaith effort to notify each tenant or family thereof verbally and in writing, in the first language of the tenant or family, of (1) the order to vacate’s contents and meaning; and (2) the contents of this Chapter 80A and Section 10.100-343.

(Added by Ord. 3-18, File No. 170937, App. 1/19/2018, Eff. 2/19/2018)

Where an owner or other responsible party fails within 15 days of the City’s demand to reimburse the City for the nuisance abatement costs specified in Section 80A.1(a), the City Attorney may commence an action to recover such costs, and to pursue other recovery and relief as provided for elsewhere in State and City law. The City may also or in the alternative, pursuant to Administrative Code Section 10.230, impose a nuisance abatement lien to collect abatement and related administrative costs. Money recovered shall be used to cover City expenses, including litigation costs, and any additional funds recovered shall be deposited in the Fund.

(Added by Ord. 3-18, File No. 170937, App. 1/19/2018, Eff. 2/19/2018)

Where an owner is subject to a second HSA Director’s determination of responsibility under Section 80A.1(a) within two years, for either the same building or a different building, the owner shall owe to the City double its nuisance abatement costs under the HSA Director’s second determination. Where the owner is subject to a third HSA Director’s determination within two years, the owner shall owe to the City treble its nuisance abatement

costs under the HSA Director’s third determination. For purposes of this Section 80A.3, an “owner” includes a person or entity responsible for a building, as well as any person, agent, firm, or corporation holding a 10% or greater legal or beneficial interest in said person or entity.

(Added by Ord. 3-18, File No. 170937, App. 1/19/2018, Eff. 2/19/2018)

The Human Services Agency shall provide case management services, including information and/or referrals for accessing housing programs and/or supportive services in the Bay Area, to tenants who have been displaced following an order to vacate as a result of hazardous housing conditions.

(Added by Ord. 3-18, File No. 170937, App. 1/19/2018, Eff. 2/19/2018)