San Francisco County Municipal Code Art. 22A Analyzing Soils for Hazardous Waste

Sec. 22A.1. Findings. Sec. 22A.2. Definitions. Sec. 22A.3. Applicability of Article. Sec. 22A.4. Waiver of Requirements for Compliance. Sec. 22A.5. Director's Discretionary Authority to Require Compliance. Sec. 22A.6. Site History. Sec. 22A.7. Subsurface Sampling and Analysis. Sec. 22A.8. Subsurface Analysis Report. Sec. 22A.9. Known Hazardous Substance Site; Hunters Point Shipyard. Sec. 22A.10. Applicant's Responsibility Upon Discovery of Hazardous Substances. Sec. 22A.11. Final Report and Certification. Sec. 22A.12. Notification to Director of Building Inspection. Sec. 22A.13. Maintenance of Report by Director. Sec. 22A.14. Rules and Regulations. Sec. 22A.15. Notification to Buyer. Sec. 22A.16. Nonassumption of Liability. Sec. 22A.17. Construction on City Property. Sec. 22A.18. Severability. Sec. 22A.19. Fees.

Editor's Notes: The sections of this Article are numbered out of sequence with the other articles of this Code. Sections designated 1 through 66 are codified in Article 1 above. The sections of this Article formerly were numbered 1220 through 1237. As part of its substantial amendments, Ord. 155-13 redesignated the Article' s sections as currently set forth. The history note following each section explains the section's derivation and notes its former section number.

1. Health Code Article 22A and Building Code Section 106A.3.2.4 work in concert to provide an important City process for identifying, investigating, analyzing and, when deemed necessary, remediating or mitigating hazardous substances in soils within specified areas of the City and County of San Francisco ("City").

2. These codes provide a specific, well-explained and equitable City process for investigating, analyzing and, when deemed necessary, remediating or mitigating hazardous substances in soils, under the oversight and supervision of the Department of Public Health ("Department"), the City agency with expertise in these matters.

3. The Department has overseen the Article 22A process for many years and it is the experience of the Department, given the nature of contamination that has been found on City sites, that these sites can be remediated or mitigated through methods such as removal, treatment, installation of vapor barriers, or covers, or by placing restrictions on uses or activities on the site to protect the environment or public health.

4. Health Code Article 22A, Public Works Code Article 20, and Building Code Section 106A.3.2.4 were previously limited in terms of their geographic coverage throughout the City, applying exclusively on the Eastern side of City, more specifically in areas near the Bay shoreline, and areas of known bay fill.

5. These Articles were also presently limited in terms of types of potential public health and safety hazards that they address.

6. There may be hazardous substances and conditions (e.g., groundwater contamination) that pose a potential threat to the public health and safety but were not previously within the scope of Article 22A.

7. Areas outside of the boundaries previously set in Health Code Article 22A, Public Works Code Article 20, and Building Code Section 106A.3.2.4 exist where, based upon historic zoning designation, land use, or site activity, there is a reasonable expectation of the potential for the soil and/or groundwater to contain hazardous substances that may pose public health or safety hazards during construction and with new uses authorized on the site.

8. In urban areas, emissions from paved roadways are a major source of atmospheric particulate matter. Paved road dust originates from pavement wear and decomposition, dustfall, litter, mud and dirt carryout, spills, biological debris, and erosion from adjacent areas. In an urban setting, vehicle exhaust and vehicle brake and tire wear are a source of zinc and copper in paved road dust. The authors of a 2006 study found that metal deposits increased in the immediate vicinity of a large freeway, and quickly reduced to urban background deposition rates between 10 meters (30 feet) and 150 meters (450 feet) downwind of the freeway, especially for copper, lead and zinc. Their results suggest: 1) the freeway is a significant source of copper, lead and zinc; and 2) these metals have substantial concentrations of larger particles emitted from the freeway due to the dispersion of road dust by vehicles traveling at high speeds. Lisa D. Sabin, et al., Dry Deposition and Resuspension of Particle-Associated Metals Near a Freeway in Los Angeles, Atmospheric Environment 40 (2006) 7528-7538.

9. The benefits of Health Code Article 22A to the City, the environment and the public health and safety can be expanded by broadening the geographic coverage and the types of potential contamination that fall within the scope of the law.

10. City departments that engage in regular maintenance and repair of City property and assets, long term capital projects, and emergency work are subject to these same public health and safety requirements with regard to soil and/or groundwater sampling and analysis. These departments will work with the Department of Public Health to develop protocols that use City resources efficiently and facilitate prompt response to emergencies, for any projects that may require soil and/or groundwater testing. (Added by Ord. 155-13, File No. 130369, App. 7/25/2013, Eff. 8/24/2013)

In addition to the general definitions applicable to this Code, whenever used in this Article, the following terms shall have the meanings set forth below: “Applicant” means a person applying for any building permit as specified by Section 106A.1 of the San Francisco Building Code. "Certified Laboratory" means a laboratory certified by the California Department of Health Services, pursuant to the provisions of Section 25198 of the California Health and Safety Code, for analyzing samples for the presence of hazardous substances. "Director" means the Director of the San Francisco Department of Public Health or the Director's designee. "Director of Building Inspection" means the Director of the Department of Building Inspection of the City and County of San Francisco. "Hazardous Substance" means any hazardous substance as defined in the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 42 U.S.C. § 9601(14) and petroleum products and byproducts. “Industrial Use” means an Industrial Use, Automobile Use, or Utility and Infrastructure Use described in Section 102 of the San Francisco Planning Code. “Industrially Zoned (i.e. zoned for industrial use)” means one of the following zoning districts, as further described in the San Francisco Planning Code: CMUO (Central SoMa Mixed Use Office), Folsom Street Neighborhood Commercial Transit (Folsom Street NCT), M-1 (Light Industrial), M-2 (Heavy Industrial), MUG (Mixed Use-General), MUO (Mixed Used-Office), MUR (Mixed Use- Residential), PDR-l-B (Light Industrial Buffer), PDR-l-D (Light Industrial Design), PDR-l-G (Light Industrial General), PDR-2 (Core Production, Distribution and Repair), RCD (Regional Commercial District), RED-MX (Residential Enclave-Mixed District), SPD (South Park District), UMU (Urban Mixed Use), WMUG (WSoMa Mixed Use-General), and WMUO (WSoMa Mixed Use-Office), or any other zoning district that allows for industrial uses, either as a principal permitted use or as a conditional use, as determined by the Zoning Administrator. “Intended Use” means the land uses allowed at the site under the building permit sought and any construction activities required to carry out the permitted work. “Qualified Person” means a professional geologist, licensed civil engineer, or engineering geologist. (Added as Sec. 1220 by Ord. 35-99, App. 3/12/99; redesignated and amended by Ord. 155-13 , File No. 130369, App. 7/25/2013, Eff. 8/24/2013 ; amended by Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020)

An applicant shall comply with this Article as specified by San Francisco Building Code Section 106A.3.2.4.

(Added as Sec. 1221 by Ord. 35-99, App. 3/12/99; redesignated and amended by Ord. 155-13 , File No. 130369, App. 7/25/2013, Eff. 8/24/2013)

The Director may waive the requirements imposed by this Article if the applicant demonstrates that the property has been continuously zoned as residential under the City Planning Code since 1921, has been in residential use since that time, and no evidence has been presented to create a reasonable belief that the soil and/or groundwater may contain hazardous substances. In these circumstances, the Director shall provide the applicant and the Director of Building Inspection with written notification that the requirements of this Article have been waived. (Added as Sec. 1222 by Ord. 35-99, App. 3/12/99; redesignated and amended by Ord. 155-13 , File No. 130369, App. 7/25/2013, Eff. 8/24/2013)

In addition to those areas defined pursuant to Section 22A.3, the Director has authority to require soil and/or groundwater analysis pursuant to the provisions of this Article as part of any building permit application when the Director has reason to believe that a hazardous substance may be present in the soil and/or groundwater at the property. (Added as Sec. 1223 by Ord. 35-99, App. 3/12/99; redesignated and amended by Ord. 155-13 , File No. 130369, App. 7/25/2013, Eff. 8/24/2013)

(a) The applicant shall provide to the Director a site history for the property, prepared by an individual with the requisite training and experience, as described in regulations adopted pursuant to Section 22A.14. The site history shall contain a statement indicating whether the property is listed on the National Priorities List, published by the United States Environmental Protection Agency pursuant to the federal Comprehensive Environmental Response Compensation and Liability Act, 42 U.S.C. Section 9604(c)(3) or listed as a hazardous substance release site by the California Department of Toxic Substances Control or the State Water Resources Control Board pursuant to the California Hazardous Substances Account Act, California Health and Safety Code Section 25356, which sites shall not be subject to San Francisco Department of Public Health jurisdiction. The site history shall also include results of a permit records search investigating the history of permitted uses on the site, as well as any known or discovered unpermitted uses or activities on site, to the extent such information is available, that would generate a reasonable expectation that hazardous substances may be present in the soil and/or groundwater. The applicant shall file the site history with the Director and the Director shall accept the report if the requirements of this section are met. If the site history does not comply with the requirements of this Section, the Director shall notify the applicant in writing within 30 days of receipt of the report, indicating the reasons the report is unacceptable. (b) If the site history indicates that there is no information that hazardous substances may be present in the soil or groundwater at concentrations exceeding either the Department of Toxic Substances Control's or Regional Water Quality Control Board's health risk levels, or other applicable standards, given the intended use, the Director shall provide the applicant and the Director of Building Inspection with written notification that the applicant has complied with the requirements of this Article. (Added as Sec. 1224 by Ord. 35-99, App. 3/12/99; redesignated and amended by Ord. 155-13 , File No. 130369, App. 7/25/2013, Eff. 8/24/2013)

(a) Analysis of Sampled Soil and/or Groundwater. Unless the Director provides written notification that the applicant has complied with the requirements of this Article as provided in Section 22A.6(b) or 22A.9(a), the applicant shall submit a work plan to the Director for soil and/or groundwater sampling and testing. The applicant shall demonstrate in the work plan how the sampling and testing requirements of this Section will be satisfied, including the sampling locations, sampling protocol, laboratory analyses to be conducted on the samples, and any other information required by the Director to provide an accurate assessment of hazardous substances present at the site that may be disturbed, or may cause a public health or safety hazard given the intended use. Upon approval of the work plan by the Director, if so directed by the Department of Public Health, the applicant shall cause a Qualified Person to take, or supervise the collection of soil samples on the property to determine the presence of hazardous substances in the soil and/or samples of groundwater, as determined by the Department of Public Health. The applicant shall cause a qualified person to conduct tests for hazardous substances that will accurately assess the site, as determined by the Director.

(b) Such tests as referenced in subsection (a), may include the following types of hazardous substances: (1) Inorganic persistent and bioaccumulative toxic substances as listed in Section 66261.24(a)(2)(A) of Title 22 of the California Administrative Code; (2) Volatile organic toxic pollutants as listed in 40 Code of Federal Regulations, Part 122, Appendix D, Table II; (3) PCBs; (4) pH levels; (5) Cyanides; (6) Methane and other flammable or volatile gases; (7) Total petroleum hydrocarbons; (8) Semi-volatile compounds; (9) Hazardous substances designated by the Director pursuant to Section 22A.14; and (10) Any hazardous substance that the Director, after an examination of the site history, has reason to conclude may be present on the property. The Director shall make any such determination within 30 days of filing by the applicant of the site history. (c) Procedures for Soil and/or Groundwater Sampling. Soil and/or groundwater sampling shall be conducted in accordance with procedures for sampling soils and/or groundwater approved by the California Department of Toxic Substances Control or the State Water Resources Control Board and the San Francisco Bay Regional Water Quality Control Board. The Director shall maintain a list of such approved sampling procedures. (d) Testing of Samples. Samples shall be analyzed by a certified laboratory in accordance with methods for analyzing samples for the presence of hazardous substances approved by the California Department of Toxic Substances Control or the State Water Resources Control Board and the San Francisco Bay Regional Water Quality Control Board. (Added as Sec. 1225 by Ord. 35-99, App. 3/12/99; redesignated and amended by Ord. 155-13 , File No. 130369, App. 7/25/2013, Eff. 8/24/2013)

(a) Contents. The Applicant shall cause a Qualified Person to submit a soil and/or groundwater analysis report prepared by the persons conducting the soil and/or groundwater sampling and analysis to the Director and to other agencies as directed by the Director. The report shall include the following information: (1) The names and addresses of the Qualified Persons who conducted or supervised the soil and/or groundwater sampling, and the soil and/or groundwater analysis and who prepared the report; (2) An explanation of the sampling and testing methodology; (3) The results of the soil and/or groundwater analyses; (4) Whether any of the analyses conducted indicate the presence of a hazardous substance and, for each, the level detected and the State and federal minimum standards for public health risks, if any; (5) If applicable, a statement that the Qualified Person, after examination of the site history and sampling data, has no reason to conclude that hazardous substances, other than those listed in Section 22A.7(a)(1) through (a)(10), are likely to be present on the property; (6) If applicable, as statement that the Qualified Person, based upon the analyses conducted, recommends site mitigation given the intended use of the site. (b) Review by Director. The Director shall determine whether the soil and/or groundwater sampling and analyses required by this Article were conducted in accordance with the approved work plan and whether the report required by this Section is complete. If the soil and/or groundwater sampling or analyses were not conducted in accordance with the approved work plan or the report does not comply with the requirements of this Section, the Director shall notify the applicant in writing within 30 days of receipt of the report, indicating the reasons the report is unacceptable. A copy of the notification shall be sent to the Director of Building Inspection. Until the Director certifies a report as final, the Director may require additional soil and/or groundwater sampling and analysis. (c) No Hazardous Substances Present. If the soil and/or groundwater sampling and analysis report indicates that there are no hazardous substances present in the soil and/or groundwater that exceed the Department of Toxic Substances Control's or Regional Water Quality Control Board's public health risk levels, or other applicable standards, given the intended use, the Director shall provide the applicant and the Director of Building Inspection with written notification that the applicant has complied with the requirements of this Article. (Added as Sec. 1226 by Ord. 35-99, App. 3/12/99; redesignated and amended by Ord. 155-13 , File No. 130369, App. 7/25/2013, Eff. 8/24/2013)

(a) At the request of an applicant, the Director may determine that one or more of the requirements of this Article have been met if an applicant provides satisfactory documentation to the Director that the applicant or other party responsible for the site conditions, has completed a process equivalent to the process required by this Article under the oversight of a federal or state agency with jurisdiction to oversee the investigation and remediation of hazardous substances at the site and the process has taken into account the intended use for which the applicant seeks a building permit. (b) Applicant's activities on the Hunters Point Shipyard, as defined in Article 31, are governed by Article 31 of the Health Code and not by this Article. (Added as Sec. 1227 by Ord. 35-99, App. 3/12/99; amended by Ord. 204-10, File No. 100575, App. 8/3/2010; redesignated and amended by Ord. 155-13 , File No. 130369, App. 7/25/2013, Eff. 8/24/2013)

SUBSTANCES. Unless Section 22A.9 is applicable, if a soil and/or groundwater sampling and analysis report indicates that hazardous substances are present in the soil or hazardous substances in groundwater exceed the Department of Toxic Substances Control's or Regional Water Quality Control Board's public health risk levels given the intended use, the applicant shall: (a) Prepare a site mitigation plan that contains the following information: (1) A determination by the Qualified Person as to whether the hazardous substances in the soil and/or groundwater are causing, or are likely to cause, significant health and safety risks given the intended use. The Director may require additional soil and/or groundwater sampling and analysis before such a determination can be made. (2) If a determination of a significant health and safety risk is made under subsection (a)(1), a recommendation by the Qualified Person of measures that will assure that the intended use will not result in public health or safety hazards in excess of the acceptable public health risk levels established by the Department of Toxic Substances Control or the Regional Water Quality Control Board, or other applicable regulatory standards and, therefore, will mitigate the significant health and safety risks caused or likely to be caused by the presence of the hazardous substances in the soil and/or groundwater given the intended use. If the report recommends mitigation measures it shall identify any soil and/or groundwater sampling and analysis that it recommends the project applicant conduct following completion of the mitigation measures to verify that mitigation is complete; (3) A statement signed by the person who prepared the report certifying that the person is a Qualified Person and that in his or her judgment either not mitigation is required or the mitigation measures identified, if completed, will mitigate the significant health and safety risks caused by or likely to be caused by the hazardous substances in the soil and/or ground water given the intended use; (b) Complete the site mitigation measures identified by the Qualified Person in the site mitigation report; (c) Complete the certification required by Section 22A.11; and, (d) Complete and record a deed restriction approved by the Director if the Applicant chooses to mitigate public health or safety hazards from hazardous substances through land use or activity restrictions. (Added as Sec. 1228 by Ord. 35-99, App. 3/12/99; redesignated and amended by Ord. 155-13 , File No. 130369, App. 7/25/2013, Eff. 8/24/2013)

(a) Contents. The applicant shall certify under penalty of perjury to the Director that: (1) If Section 22A.9 is applicable, the applicant has received certification or verification from the appropriate State or federal agency that mitigation is complete. (2) If Section 22A.10 is applicable: (A) A Qualified Person has determined in the site mitigation report that no hazardous substance levels in the soil and/or groundwater are causing or are likely to cause significant environmental or public health and safety risks as set forth in Section 22A.8(c), and the Qualified Person recommends no mitigation measures; or (B) The applicant has performed all mitigation measures recommended in the site mitigation report, and has verified that mitigation is complete by conducting follow-up soil and/or groundwater sampling and analysis, if recommended in the site mitigation

report. (b) Applicant Declarations. The certification shall state: "The Applicant recognizes that it has a nondelegable duty to perform site mitigation; that it, and not the City, is responsible for site mitigation; that it, not the City, attests to and is responsible for the accuracy the representations made in the certification, and that it will continue to remain liable and responsible, to the extent such liability or responsibility is imposed by State and federal law, for its failure to perform the site mitigation." (c) Following successful completion of the final report and certification, and if applicable, a deed restriction, the Director shall issue a letter of no further action. (Added as Sec. 1229 by Ord. 35-99, App. 3/12/99; redesignated and amended by Ord. 155-13, File No. 130369, App. 7/25/2013, Eff. 8/24/2013)

After receipt of the certification required by Section 22A.11, the Director shall provide the applicant and the Director of Building Inspection with written notification that the applicant has complied with the requirements of this Article. (Added as Sec. 1230 by Ord. 35-99, App. 3/12/99; redesignated and amended by Ord. 155-13 , File No. 130369, App. 7/25/2013, Eff. 8/24/2013)

The site history, subsurface sampling analysis report certification and related documents shall become a part of the file maintained by the Department. (Added as Sec. 1231 by Ord. 35-99, App. 3/12/99; redesignated and amended by Ord. 155-13 , File No. 130369, App. 7/25/2013, Eff. 8/24/2013)

(a) Adoption of Rules. The Director may adopt, and may thereafter amend, rules, regulations and guidelines that the Director deems necessary to implement the provisions of this ordinance. For the purposes of this Article, a public hearing before the Health Commission shall be held prior to the adoption or any amendment of the rules, regulations and guidelines recommended for implementation. In addition to notices required by law, the Director shall send written notice, at least 15 days prior to the hearing, to any interested party who sends a written request to the Director for notice of hearings related to the adoption of rules, regulations and guidelines pursuant to this Section. (b) Consideration of State and Federal Law. In developing such rules, regulations, and guidelines, the Director shall consider, among other things, State and federal statutes and regulations pertaining to hazardous substances with the purpose of coordinating local regulations with them. (c) Guidelines for Regulations. Rules, regulations and guidelines may address among others, the following subjects: (1) Minimum standards for acceptable site histories. The minimum standards shall be designed to assist interested persons including, but not limited to, the Director of Building Inspection, and other state and local public agencies, to evaluate whether analyses, other than those required by Section 22A.7(a)(1) through (a)(10), must be conducted to detect the presence in the soil and/or groundwater of hazardous substances and to determine what analyses are appropriate. These are the minimum standards and the Director may require additional information on the site. (2) Minimum education and experience requirements for the persons who prepare site histories pursuant to Section 22A.6. In making this determination, the Director shall consider relevant those academic disciplines and practical experience which would qualify an individual to evaluate a property in San Francisco and identify prior uses made of the property that may be relevant in determining whether there are hazardous substances in the soil and/or groundwater and what analyses, if any, are appropriate to identify them. (3) Precautionary measures to minimize long-term exposure to hazardous substances that cannot be removed or are not required to be removed by the site mitigation plan. (4) Designation of areas and analyses. Designation of areas in the City, in addition to the areas described in San Francisco Building Code Section 106A.3.2.4, where the Director has reason to believe that the soils or groundwater may contain hazardous substances and the designation of the analyses specified in Section 22A.7 that shall be conducted in each area. (5) Designation of additional hazardous substances for which analyses must be conducted. The designation shall be based on a

determination by the Director that there is a reasonable basis to conclude that such other hazardous substances may be in the soil and/or groundwater. The designation may be made applicable to a specified area or areas of the City or city-wide as determined by the Director. (6) Waiver from Requirements for Analyses. The exclusion of hazardous substances from the analysis requirements set forth in Section 22A.7 upon a determination that the hazardous substance does not pose a significant present or potential hazard to public health and safety or to the environment. (Added as Sec. 1232 by Ord. 35-99, App. 3/12/99; redesignated and amended by Ord. 155-13 , File No. 130369, App. 7/25/2013, Eff. 8/24/2013)

The Director shall prepare and maintain for public distribution a summary of the requirements of this Article. The seller or the seller's agent involved in the sale or exchange of any real property located on any parcel of land identified in San Francisco Building Code Section 106A.3.2.4 and in those areas designated by the Director pursuant to Section 22A.5 shall provide a copy of the summary to the buyer or buyers and shall obtain a written receipt from the buyer or buyers acknowledging receipt of the summary. Failure to give notice as required by this Section shall not excuse or exempt the buyer of the property from compliance with the requirements of this Article. (Added as Sec. 1233 by Ord. 35-99, App. 3/12/99; redesignated and amended by Ord. 155-13 , File No. 130369, App. 7/25/2013, Eff. 8/24/2013)

In undertaking to require certain building or grading permits to include soil and/or groundwater analyses for the presence of hazardous substances, the City and County of San Francisco is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on itself or on its officers and employees, any obligation for breach of which it is liable for money damages to any person who claims that such breach proximately caused injury. (Added as Sec. 1234 by Ord. 35-99, App. 3/12/99; redesignated and amended by Ord. 155-13 , File No. 130369, App. 7/25/2013, Eff. 8/24/2013)

The Department of Public Health shall work with all departments, boards, commissions and agencies of the City and County of San Francisco that authorize construction or improvements on land under their jurisdiction under circumstances where no building or grading permit needs to be obtained pursuant to the San Francisco Building Code to develop interdepartmental coordination protocols to ensure that the goals of this Article 22A to protect the environment and the public health and safety are achieved. The Directors of Public Health and Building Inspection shall assist the departments, boards, commissions and agencies to ensure that these protocols are followed. Additionally, such protocols shall define and address emergency situations, and a process for waiving testing or procedures that may delay emergency work. Compliance by a City department or agency with this section shall constitute compliance with the requirements of Article 22A. (Added as Sec. 1235 by Ord. 35-99, App. 3/12/99; redesignated and amended by Ord. 155-13 , File No. 130369, App. 7/25/2013, Eff. 8/24/2013)

If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Article or any part thereof, is for any reason to be held unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Section or any part thereof. The Board of Supervisors hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, causes or phrases be declared unconstitutional or invalid or ineffective. (Added as Sec. 1236 by Ord. 35-99, App. 3/12/99; redesignated by Ord. 155-13 , File No. 130369, App. 7/25/2013, Eff. 8/24/2013)

(a) The Director is authorized to charge the following fees to defray the costs of administering this Article 22A, including but not limited to document processing and review; field inspection and documentation; conference and consultation with applicant; and monitoring of compliance with implementation of environmental land use or activity restrictions: (1) an initial fee of $1,000, payable to the Department for administrative work, due upon filing initial documents for review with the Department; and (2) an additional fee of $333 per hour for administration of this Article 22A exceeding three hours or portion thereof, payable to the Department. (b) Beginning with Fiscal Year 2025-2026 and annually thereafter, the fees set forth in this Section 22A.19 may be adjusted each year, without further action by the Board of Supervisors, as set forth in this Section. In adjusting the fees, the Controller may round up or down to the nearest dollar, half-dollar or quarter-dollar. Not later than April 1, the Director shall report to the Controller the revenues generated by the fees for the prior fiscal year and the prior fiscal year’s costs of operation, as well as any other information that the Controller determines appropriate to the performance of the duties set forth in this Section 22A.19. Not later than May 15, the Controller shall determine whether the current fees have produced or are projected to produce revenues sufficient to support the costs of providing the services for which the fees are assessed and that the fees will not produce revenue which is significantly more than the costs of providing the services for which the fees are assessed. The Controller shall, if necessary, adjust the fees upward or downward for the upcoming fiscal year as appropriate to ensure that the program recovers the costs of operation without producing revenue which is significantly more than such costs. The adjusted rates shall become operative on July 1. (c) Fees assessed for administration of this Article 22A shall be paid within 30 days of the Director’s service of notice that such fees are due. In the event the fees assessed under this Article are not paid in full within 30 days of notice, a late penalty fee of 10% plus interest at 1% per month on the outstanding balance may be charged. (d) The Director may decline to make a determination of compliance with provisions of this Article 22A on the basis of outstanding fee balances. (e) All fees, costs,,1 and administrative penalties assessed under this Article 22A shall be an obligation owed to the City by the Applicant and the owner of the property. Such obligation may be collected by means of the imposition of a lien against the property, under the procedures set forth in Article XX of Chapter 10 of the Administrative Code. (Added as Sec. 1237 by Ord. 35-99, App. 3/12/99; amended by Ord. 150-08, File No. 080743, 7/30/2008; redesignated and amended by Ord. 155-13 , File No. 130369, App. 7/25/2013, Eff. 8/24/2013 ; Ord. 140-25, File No. 250606, App. 8/1/2025, Eff. 9/1/2025) CODIFICATION NOTE

1. So in Ord. 140-25. SEC. 1220. (Added by Ord. 35-99, App. 3/12/99; redesignated as Sec. 22A.2 and amended by Ord. 155-13 , File No. 130369, App. 7/25/2013, Eff. 8/24/2013) SEC. 1221. (Added by Ord. 35-99, App. 3/12/99; redesignated as Sec. 22A.3 and amended by Ord. 155-13 , File No. 130369, App. 7/25/2013, Eff. 8/24/2013) SEC. 1222. (Added by Ord. 35-99, App. 3/12/99; redesignated as Sec. 22A.4 and amended by Ord. 155-13 , File No. 130369, App. 7/25/2013, Eff. 8/24/2013) SEC. 1223. (Added by Ord. 35-99, App. 3/12/99; redesignated as Sec. 22A.5 and amended by Ord. 155-13 , File No. 130369, App. 7/25/2013, Eff. 8/24/2013)

SEC. 1224. (Added by Ord. 35-99, App. 3/12/99; redesignated as Sec. 22A.6 and amended by Ord. 155-13 , File No. 130369, App. 7/25/2013, Eff. 8/24/2013) SEC. 1225. (Added by Ord. 35-99, App. 3/12/99; redesignated as Sec. 22A.7 and amended by Ord. 155-13 , File No. 130369, App. 7/25/2013, Eff. 8/24/2013) SEC. 1226. (Added by Ord. 35-99, App. 3/12/99; redesignated as Sec. 22A.8 and amended by Ord. 155-13 , File No. 130369, App. 7/25/2013, Eff. 8/24/2013) SEC. 1227. (Added by Ord. 35-99, App. 3/12/99; amended by Ord. 204-10, File No. 100575, App. 8/3/2010; redesignated as Sec. 22A.9 and amended by Ord. 155-13 , File No. 130369, App. 7/25/2013, Eff. 8/24/2013) SEC. 1228. (Added by Ord. 35-99, App. 3/12/99; redesignated as Sec. 22A.10 and amended by Ord. 155-13 , File No. 130369, App. 7/25/2013, Eff. 8/24/2013) SEC. 1229. (Added by Ord. 35-99, App. 3/12/99; redesignated as Sec. 22A.11 and amended by Ord. 155-13, File No. 130369, App. 7/25/2013, Eff. 8/24/2013) SEC. 1230. (Added by Ord. 35-99, App. 3/12/99; redesignated as Sec. 22A.12 and amended by Ord. 155-13 , File No. 130369, App. 7/25/2013, Eff. 8/24/2013) SEC. 1231. (Added by Ord. 35-99, App. 3/12/99; redesignated as Sec. 22A.13 and amended by Ord. 155-13 , File No. 130369, App. 7/25/2013, Eff. 8/24/2013) SEC. 1232. (Added by Ord. 35-99, App. 3/12/99; redesignated as Sec. 22A.14 and amended by Ord. 155-13 , File No. 130369, App. 7/25/2013, Eff. 8/24/2013)

SEC. 1233. (Added by Ord. 35-99, App. 3/12/99; redesignated as Sec. 22A.15 and amended by Ord. 155-13 , File No. 130369, App. 7/25/2013, Eff. 8/24/2013) SEC. 1234. (Added by Ord. 35-99, App. 3/12/99; redesignated as Sec. 22A.16 and amended by Ord. 155-13 , File No. 130369, App. 7/25/2013, Eff. 8/24/2013) SEC. 1235. (Added by Ord. 35-99, App. 3/12/99; redesignated as Sec. 22A.17 and amended by Ord. 155-13 , File No. 130369, App. 7/25/2013, Eff. 8/24/2013) SEC. 1236. (Added by Ord. 35-99, App. 3/12/99; redesignated as Sec. 22A.18 by Ord. 155-13 , File No. 130369, App. 7/25/2013, Eff. 8/24/2013) SEC. 1237. (Added by Ord. 35-99, App. 3/12/99; amended by Ord. 150-08, File No. 080743, 7/30/2008; redesignated as Sec. 22A.19 and amended by Ord. 155-13 , File No. 130369, App. 7/25/2013, Eff. 8/24/2013)