103A.3 Restrictions of unlawful residential demolition replacement.

103A.3 Restrictions of unlawful residential demolition replacement.

103A.3.1 Demolition without permit. Whenever the demolition of any building or structure takes place, including as defined in Section 317(b)(2) (B) or (C) but exclusive of the application of Section 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 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, 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 project unless all units in the replacement project will 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 were demolished in violation of Section 317 of this Code.

(Amended by Ord. 40-23, File No. 220878, App. 3/28/2023, Eff. 4/28/2023)

103A.3.2 Definitions. For the purposes of this section, the following definitions shall apply:

DEMOLITION means the total tearing down or destruction of a building containing one or more residential units, or any alteration which destroys or removes, as those terms are defined by the Building Official of the Department of Building Inspection, principal portions of an existing structure containing one or more residential units.

PRINCIPAL PORTION means that construction which determines the shape and size of the building envelope (such as the exterior walls, roof and interior bearing elements), or that construction which alters two-thirds or more of the interior elements (such as walls, partitions, floors or ceilings).

RESIDENTIAL UNIT means any dwelling unit, as defined in this code, or any guest room, as defined in the San Francisco Housing Code, other than the following:

1. Any guest room in a building classified as a residential hotel pursuant to the Residential Hotel Unit Conversion and Demolition Ordinance.

2. Any residential unit in a building where the demolition or alteration is required to comply with this code, the Housing Code or the City Planning Code.

103A.3.3 Hearing. The Building Official shall hold a hearing within a reasonable period of time after discovering that an unlawful demolition may have taken place. The Building Official shall cause notice to be given to the owners of the affected property, and to the owners and occupants of property on the same block as the affected property’s site and across the street from the site for one block (that is, on lots which abut the same street as that which abuts the site to the nearest intersections on either side of the site), using the names and addresses of the owners as shown on the last assessment rolls of the City and County of San Francisco. For corner lots, notice shall be provided to the owners and occupants of property on the same block as the affected property’s site and for one block along both streets which the lot abuts (that is, on lots which abut the two streets which the site abuts to the nearest intersection on either side of the site) and, in addition, to the other corner lots at the intersection where the site is located. Notice may be given either by personal service or any mail, not less than 30 days before the scheduled date of the hearing. Immediately after giving such notice, the Building Official shall cause a copy of the notice, printed on a card of not less than 8 inches by 10 inches (203.2 mm × 254 mm), to be posted in a conspicuous place on the affected property. The notice shall specify the date and nature of the hearing and that the following issues will be determined at the hearing: whether an unlawful demolition has taken place as described in Sections 103A.3.1 and 103A.3.2, and, if so, the number of residential units that existed on the site, the proportion of residential to nonresidential units that existed on the site and the total square feet of the building or structure that existed on the site. Upon determination that an unlawful demolition has taken place, the Building Official shall promptly record a notice in the official records of the Recorder of the City and County of San Francisco; the recorded notice shall state that the property is subject to the restrictions set forth in Section 103A.3.1 of this code.

Upon determination that an unlawful demolition has taken place, the Building Official shall assess the owner all costs incurred by the City and County of San Francisco in detecting violations of this section and conducting the Building Official’s hearing by sending a notice of payment due to the property owner at the address shown on the City’s last assessment rolls. The notice shall list the costs incurred by the City in detecting violations of the ordinance and conducting the Building Official’s hearing, advise the owner that he or she is liable for these costs and advise the owner that payment to the City is due within 60 days of the mailing date of the notice. The notice shall also advise that, if payment of the costs is not received within 30 days of the due date, a lien may be imposed on the property pursuant to the report and confirmation procedure set forth in Sections 102A.18 and 102A.19 of this code.

owner that he or she is liable for these costs and advise the owner that payment to the City is due within 60 days of the mailing date of the notice. The notice shall also advise that, if payment of the costs is not received within 30 days of the due date, a lien may be imposed on the property pursuant to the report and confirmation procedure set forth in Sections 102A.18 and 102A.19 of this code.

103A.3.4 Civil penalties. Any agent, contractor, or other person acting on behalf of the owner of a building or structure 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 $10,000.

(Amended by Ord. 40-23, File No. 220878, App. 3/28/2023, Eff. 4/28/2023)

103A.3.5 Penalties nonexclusive. The penalties set forth in this section 103A 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.

(Amended by Ord. 40-23, File No. 220878, App. 3/28/2023, Eff. 4/28/2023)