San Francisco County Municipal Code Art. II Responsibilities of Board of

SUPERVISORS

Sec. 40.4. Issuance of Bonds. Sec. 40.5. Approval of Fees, Charges and Interest Rates on Financing. Sec. 40.6. Revision of Loan Charges.

The Board of Supervisors may from time to time by resolution authorize procedures for the issuance of bonds for the purpose of establishing a loan fund to be used to assist property owners with the rehabilitation of residential structures as required in a City and County-wide program of systematic enforcement of rehabilitation standards in multi-family buildings. The repayment of principal, interest and other charges on the loans to the property owners, together with such other moneys as the Board of Supervisors may, in its discretion, make available therefor, shall be the sole source of funds pledged by the City and County for repayment of such bonds. Bonds issued under the provisions of this Chapter shall not be deemed to constitute a debt or liability of the City and County or a pledge of the faith and credit of the City and County, but shall be payable solely from the funds specified in this Section. The issuance of such bonds shall not directly, indirectly or contingently obligate the Board of Supervisors to levy or to pledge any form of taxation whatever therefore, or to make any appropriation for their payment. (Added by Ord. 482-80, App. 10/17/80)

The Board of Supervisors shall, upon the recommendation of the Chief Administrative Officer, approve by resolution prior to levy, all fees, charges and interest rates to be charged participating parties in connection with financing residential rehabilitation. (Added by Ord. 482-80, App. 10/17/80)

Prior to any revision of the fees, charges and interest rates for financing residential rehabilitation, the Board of Supervisors shall prescribe standards for the revision of such fees, charges and interest rates. Such standards: (a) Shall be adopted by the Board of Supervisors after a public hearing preceded by public notice to affected parties; and (b) May reflect only changes in interest rates on the City and County's bonds, losses due to defaults, and bona fide changes in loan servicing charges related to the administration of a program under the provisions of this Chapter. (Added by Ord. 482-80, App. 10/17/80) ARTICLE III:

ADMINISTRATION OF PROGRAM

Sec. 40.7. Responsibility for Administration of the Program. Sec. 40.8. Adoption of Objective Selection Criteria for Systematic Enforcement of Rehabilitation Standards. Sec. 40.9. Inspection of Buildings in Neighborhood Strategy Areas. Sec. 40.10. Rules and Regulations. Sec. 40.11. Management of Bond Proceeds. Sec. 40.12. Recommendation of Fees, Charges, and Interest Rates on Financing. Sec. 40.13. Notice of Defaults and Foreclosures.

The Chief Administrative Officer shall be responsible for administration of all aspects of the Housing Code Enforcement Loan Program except those aspects for which responsibility is specifically retained by the Board of Supervisors or assigned by the Board of Supervisors to another City and County agency. The Chief Administrative Officer, and each City and County agency assigned responsibilities by or pursuant to this Chapter, shall have all such authority as may be reasonably necessary to carry out those responsibilities. While retaining overall responsibility for administration of the program, the Chief Administrative Officer shall utilize the services of the Bureau of Building Inspection of the Department of Public Works in connection with the code enforcement aspects of the program; and the services of the Real Estate Department in connection with the rehabilitation financing aspects of the program. The Chief Administrative Officer may also request the assistance of any other City and County agency in meeting his or her responsibilities under this program. (Added by Ord. 482-80, App. 10/17/80)

REHABILITATION STANDARDS. (a) The Chief Administrative Officer shall adopt objective selection criteria for the systematic enforcement of rehabilitation standards in all multi-family buildings. Such criteria shall be recommended to the Chief Administrative Officer by the Superintendent of the Bureau of Building Inspection. (b) Criteria for the order of selection of multi-family buildings to be inspected shall be based upon the seriousness and frequency of occurrence of Housing Code and other City and County Code violations constituting a threat to public health and safety. Such hazardous conditions include, but are not limited to, lack of proper egress, improper use and occupancy, storage of flammable or combustible materials, and lack of safety devices such as smoke and heat detection devices, fire alarms, stairway enclosures, and sprinkler systems. Data on hazardous conditions in these buildings shall be obtained from a survey conducted by the Division of Apartment House and Hotel Inspection of the Bureau of Building Inspection which was conducted in 1969 and which is periodically updated. (c) Before the Superintendent of the Bureau of Building Inspection recommends the adoption of objective selection criteria, the Superintendent shall conduct a public hearing at which the objective selection criteria will be discussed. (d) At least 10 days preceding the hearing, the Superintendent shall make proposed objective selection criteria available for public inspection at the Bureau of Building Inspection. (e) At least 10 days preceding the hearing, notice of the hearing shall be published once in a newspaper of general circulation published in San Francisco. The notice shall state the time, place and purpose of the hearing. The notice shall also state that the Superintendent's proposed objective selection criteria are available for public inspection at the Bureau of Building Inspection. (f) After the Chief Administrative Officer has adopted objective selection criteria, the following procedure must be observed before the Chief Administrative Officer can change the criteria: (1) A copy of the proposed change shall be made available for public inspection at the Bureau of Building Inspection at least 10 days before a proposed change can become final.

(2) Notice of the proposed change must be published once in a newspaper of general circulation published in San Francisco at least 10 days before the proposed change can become final. The notice shall state the nature of the proposed change and the fact that the text of the proposed change is available for public inspection at the Bureau of Building Inspection. (3) The Superintendent of the Bureau of Building Inspection shall mail a copy of the notice specified in Section 40.8(f)(2) to all persons who have submitted a request in writing to the Superintendent that they receive copies of such notices. (Added by Ord. 482-80, App. 10/17/80)

(a) An owner of a multi-family building located in a Neighborhood Strategy Area may request that his or her building be inspected, for the purpose of determining if it meets rehabilitation standards, in advance of the time that such building would ordinarily be inspected pursuant to the criteria established in Section 40.8. The owner shall submit a written request for this inspection to the Superintendent of the Bureau of Building Inspection. After receiving such a request, the Superintendent shall have the building inspected and, if the building is found to be substandard, the owner will be eligible to apply for a loan pursuant to this Chapter. (b) Such inspections will be binding on the owner of the building even if this owner is later found not to be eligible for a loan pursuant to this Chapter. (c) The Superintendent of the Bureau of Building Inspection shall include notice of the availability of the inspection program described in this Section in the annual billing for the permit of occupancy license fee for multi-family buildings. Such notice shall state that owners who request these inspections will be eligible to apply for rehabilitation financing pursuant to this part. The notice shall plainly describe the Superintendent's evaluation of the possibility that in the next succeeding year funds will not be available to fund all applications meeting the program criteria in a timely fashion, and that in such case priority for buildings qualifying under this Section will be given to those buildings in which 50 percent or more of the units, as shown in the loan application, are such that the units meet the definition of "low income housing stock" in Chapter 13 (Subdivision Code) of the Municipal Code of the City and County of San Francisco. The notice shall also state that the boundaries of Neighborhood Strategy Areas will be available for public inspection at the Bureau of Building Inspection. The notice shall also state that the inspections will be binding on the owners. (Added by Ord. 482-80, App. 10/17/80)

(a) The Chief Administrative Officer shall adopt such rules and regulations as he or she may deem appropriate to carry out the provisions of this Chapter. A copy of all such rules and regulations shall be available for review by the public during regular business hours in the office of the Chief Administrative Officer, the office of the Clerk of the Board of Supervisors, the Department of Public Works, and in every other office established for the purpose of carrying out this program. (b) Before the Chief Administrative Officer adopts these rules and regulations, the Chief Administrative Officer or his or her delegate shall conduct a public hearing at which the rules and regulations will be discussed. (c) At least 10 days preceding the hearing, the Chief Administrative Officer shall make the proposed rules and regulations available for public inspection at the Bureau of Building Inspection. (d) At least 10 days preceding the hearing, notice of the hearing shall be published once in a newspaper of general circulation published in San Francisco. The notice shall state the time, place and purpose of the hearing. The notice shall also state that the proposed rules and regulations are available for public inspection at the Bureau of Building Inspection. (e) After the Chief Administrative Officer has adopted rules and regulations, the following procedure must be observed before the Chief Administrative Officer can change the rules and regulations: (1) A copy of the proposed change shall be made available for public inspection at the Bureau of Building Inspection at least 10 days before a proposed change can become final. (2) Notice of the proposed change must be published once in a newspaper of general circulation published in San Francisco at least 10 days before the proposed change can become final. The notice shall state the nature of the proposed change and the fact that the text of the proposed change is available for public inspection at the Bureau of Building Inspection. (3) The Superintendent of the Bureau of Building Inspection shall mail a copy of the notice specified in Section 40.9(e)(2) to all persons who have submitted a request in writing to the Superintendent that they receive copies of such notices. (Added by Ord. 482-80, App. 10/17/80)

Unless provided otherwise in any bond resolution adopted pursuant to the provisions of this Chapter, the Chief Administrative Officer, acting on the recommendation of the Controller: (a) May invest and reinvest both the bond proceeds and the revenues from the financing of residential rehabilitation; and (b) May manage fiscally the proceeds of bonds issued for the purpose of establishing a residential rehabilitation loan fund; or (c) Together with the Purchaser may enter into contractual arrangement with private lending institutions or trust companies to manage the residential rehabilitation loan fund, including investment and reinvestment of the funds, disbursements from the fund and collection of revenues. (Added by Ord. 482-80, App. 10/17/80)

The Chief Administrative Officer, acting on the advice of the Controller, shall recommend to the Board of Supervisors for adoption: (a) The fees, charges and interest rates which will be charged participating parties in connection with financing residential rehabilitation; and (b) Revisions, as necessary, of the fees, charges and interest rates levied on participating parties, consistent with the standards adopted by the Board of Supervisors pursuant to Section 40.6. (Added by Ord. 482-80, App. 10/17/80)

When there is a default on a conventional HELP loan secured by a deed of trust naming the City and County as a beneficiary and the property becomes subject to foreclosure procedures, the Chief Administrative Officer shall so inform the Loan Committee. (Added by Ord. 482-80, App. 10/17/80)