San Francisco County Municipal Code Art. 18 Utility Facilities

Sec. 900. Definitions. Sec. 901. Permits—Consent. Sec. 902. Locations and Space Assignments of Utility Facilities. Sec. 903. Poles to be Available for Installation of Traffic Signals, Etc.—Responsibility—Removal— Installation of Street Lights on Trolley Poles. Sec. 904. Erection of Poles in Proximity to Light Poles Prohibited. Sec. 905. Location of Facilities to be Furnished. Sec. 906. Notice to Remove or Relocate Utility Facilities. Sec. 907. Owners Must Remove in Required Time. Sec. 908. Failure—Work May Be Done by Director, Director of Transportation or General Manager. Sec. 909. Agreement with Owner or Operator. Sec. 910. Provision for Administration, Etc.—Cost. Sec. 911. Underground Districts Designated. Sec. 912. Need for Underground District to be Determined. Sec. 913. Removal of Overhead Utility Facilities in Designated Districts—Exemptions. Sec. 914. Exemptions to Undergrounding. Sec. 915. Public Hearing—Notices. Sec. 916. Removal of Overhead Utility Facilities—Responsibility for—Cost. Sec. 917. Responsibility of Property Owners. Sec. 918. Installation of Service Lateral. Sec. 919. Failure of Property Owner to Install Conduits. Sec. 920. Notice to Property Owner of Declaration of Public Nuisance. Sec. 921. Proof of Delivery or Mailing. Sec. 922. Hearing. Sec. 923. Issuance of a Director's Order. Sec. 924. Posting and Service of Order. Sec. 925. Forfeiture of Property Owners' Right To Do Work. Sec. 926. Assessment for Costs. Sec. 927. Report of Costs. Sec. 928. Hearing and Confirmation of Report for Special Assessment of Costs. Sec. 929. Costs of Abating the Public Nuisance. Sec. 930. Underground Public Nuisance Abatement Fund. Sec. 931. Compliance, Rescinding Order. Sec. 932. Penalty for Each Day Overhead Utility Facilities are Left Standing. Sec. 933. Temporary Use of Poles and Overhead Wires in Underground Districts. Sec. 934. Removal of Temporary Poles and Overhead Wires. Sec. 935. Duties of the Director—Authority to Remove Overhead Utility Facilities. Sec. 936. New Construction—Installation of Service. Sec. 937. Underground Utility Facilities to be Included in Construction of New Streets. Sec. 938. Director May Enter Into Agreement for Joint Construction. Sec. 939. Provision for Street Lighting in Plans. Sec. 940. Underground Wired Street Lighting, Fire Alarm and Police Communication Facilities to be Included in Plans for Construction of Streets.

Sec. 941. Cost of Underground Wired Facilities for Street Lighting, Fire Alarm and Police Communication Systems. Sec. 942. Money to be Included in Fund When Work Done by City. Sec. 943. Underground Wired Facilities for Street Lighting, Fire Alarm and Police Communication Systems to Become Property of City. Sec. 944. Declaration of Public Nuisance.

SEC. 900. DEFINITIONS. Unless the context specifically indicates otherwise, the meaning of terms in this Article shall be as follows: (a) "Board" shall mean the Board of Supervisors of the City and County of San Francisco. (b) "City" shall mean the City and County of San Francisco. (c) "City Administrator" means the City Administrator of the City and County of San Francisco. (d) "Department" shall mean the Department of Public Works of the City and County of San Francisco. (e) "Director" shall mean the Director of the Department of Public Works of the City and County of San Francisco. (f) "Director of Transportation" shall mean the Director of the Municipal Transportation Agency of the City and County of San Francisco. (g) "General Manager" shall mean the General Manager of the Public Utilities Commission of the City and County of San Francisco. (h) "Municipal Railway" shall mean the Municipal Railway of the City and County of San Francisco including the tracks, overhead lines and power feeder systems. (i) "Municipal Transportation Agency" shall mean the Municipal Transportation Agency of the City and County of San Francisco. (j) "Owner or Operator" shall mean any person, firm, corporation, or public or private utility, owning, controlling or operating any utility facility upon, in, over or under the streets or places of the City and County of San Francisco. (k) "Places" shall mean any public park or pleasure ground and common which has been dedicated and accepted according to law. (l) "Property" shall mean any real property in the City and County of San Francisco. Where any building or structure on real property is a condominium, planned development, community apartment, or stock corporation, "property" shall mean each separate unit. (m) "Property owner" shall mean any person, firm, association, limited liability corporation, corporation, or other legal entity owning or controlling real property in the City and County of San Francisco. Where any building or structure on real property is a condominium, planned development, community apartment, or stock corporation, "property owner" shall mean any person, firm, association, limited liability corporation, corporation, or other legal entity owning or controlling any unit. (n) "Public Utilities Commission" shall mean the Public Utilities Commission of the City and County of San Francisco. (o) "Serving Company" shall mean the person, firm, corporation or utility supplying the electrical service for electric lighting, heat, power, telephone, telegraph, television signal, or any other type of electrical service. (p) "Shall" is mandatory; "may" is permissive. (q) "Sidewalk" shall mean the area between the curb and the property line, as set forth in Ordinance 1061, entitled "Regulating the widths of Sidewalks" (approved December 18, 1903). (r) "Streets" shall mean the public area, between property lines, of any avenues, highways, boulevards, lanes, roads, parkways, freeways, alleys, crossings or intersections, and courts or other public ways. (s) "Underground" and "Undergrounding" shall mean the complete and permanent removal of the overhead utility facilities defined in subsection(s) hereof, except such utility facilities as are specifically exempted in Section 914; also, a complete installation beneath the surface of a street, public place, or stated area, of such utility facilities. (t) "Underground District" shall mean a street, or streets, public place, or stated area, within which overhead utility facilities, as defined in subsection (s) hereof, shall be prohibited and existing overhead utility facilities shall be removed or converted to an underground installation. New utility facilities, when installed, shall be a complete installation beneath the surface of the street, or streets, public place, or stated area, except such utility facilities as are specifically exempted in Section 914. (u) "Utility facility" shall mean pipes, wires, tracks, conduits, tunnels, poles or other overhead supporting structures, with any appurtenances, or any other structures of any nature, upon, in, over or under the streets or places of the City and County of San Francisco which are used for the purpose of supplying or conveying any services or substances within the limits of the City and County of San

Francisco. (Amended by Ord. 445-84, App. 11/13/84; Ord. 140-07, File No. 070621, App. 6/22/2007) SEC. 901. PERMITS-CONSENT. Every owner or operator of any utility facility before installing, locating or relocating any utility facility shall file with the Director of Public Works a written application for a permit to do such work and obtain a written permit for the work as provided in Article 2.4. In accepting such permit the permittee expressly consents to regulation by any applicable rules or ordinances. (Added by Ord. 139-72, App. 5/26/72; Ord. 140-07, File No. 070621, App. 6/22/2007) SEC. 902. LOCATIONS AND SPACE ASSIGNMENTS OF UTILITY FACILITIES. The Director may, as a condition of any permit issued pursuant to Section 901, require that the utility facility be installed in a specific location and may assign specific space for such utility facility in accordance with the Rules and Regulations of the Department and applicable General Orders of the California Public Utilities Commission. (Added by Ord. 139-72, App. 5/26/72) SEC. 903. POLES TO BE AVAILABLE FOR INSTALLATION OF TRAFFIC SIGNALS, ETC.-RESPONSIBILITY-REMOVAL-INSTALLATION OF STREET LIGHTS ON TROLLEY POLES. The City reserves the right to attach to any utility pole for which a permit has been or is to be issued in accordance with Section 901 of this Article, any traffic signal, fire alarm or police communication facilities, or equipment necessary for the normal operation thereof. Notice in writing shall first be given by the Director stating the City's intention to attach thereto the required facilities or other equipment. The owner of the pole shall not be responsible for any damages to any facilities of the City mounted on the pole, unless such damages proximately caused by the negligent act or omission of the owner of the pole. The Director shall have the traffic signal, fire alarm, police communication facilities or other equipment, removed from a utility pole upon and within 30 days after receipt of written notice of the owner's intention to reconstruct, replace, or remove the utility pole. The Director further reserves the right, under the conditions and stipulations specified above, to attach, as required, any street light and necessary equipment therefore, to any trolley pole which may now exist or which may be installed pursuant to Section 901 of this Article. The City shall install and maintain all of its traffic signal, fire alarm, police communication, street lighting or other equipment on any utility pole in conformity with all applicable General Orders of the Public Utilities Commission of the State of California. (Added by Ord. 139-72, App. 5/26/72) SEC. 904. ERECTION OF POLES IN PROXIMITY TO LIGHT POLES PROHIBITED. It shall be unlawful to erect any pole on the streets or sidewalks of the City at a point which is situated nearer than 10 feet to a pole on which is supported a lamp maintained by said City for lighting the public streets or any traffic control device. (Added by Ord. 139-72, App. 5/26/72) SEC. 905. LOCATION OF FACILITIES TO BE FURNISHED. Every owner or operator using, controlling or having an interest in any utility facility upon, in, or under the surface of any street, sidewalk or other public place shall provide a copy of the record of location of any such facility upon request from the City Engineer. (Added by Ord. 139-72, App. 5/26/72)

SEC. 906. NOTICE TO REMOVE OR RELOCATE UTILITY FACILITIES. (a) Whenever any public work is authorized by the Board to be done under the supervision of the Director upon, in, over or under any of the streets, the Director, before the commencement of the work, shall notify in writing any owner or operator having utility facilities of any nature upon, in, over or under the streets to remove or adjust so much of his or their facilities as will allow the prosecution of the public work. The Notice shall be accompanied by a copy of the plans and specifications for the authorized public work showing the location of the work in the streets and describing the same. The Notice shall specify a time within which all affected utility facilities must be removed or adjusted. (b) The evolution of urban rail, trolley coach and motor bus passenger systems from private operations under franchise operating without tax subsidies to publicly owned and operated systems under federal, state and local policies mandating intra-city passenger service at revenue levels which require a substantial measure of tax support, the paramount right of the people as a whole to use the public street, and the level of service provided being essential to the circulation, health, safety, comfort and welfare of people in an urban setting, and the need for improved transportation systems to meet increasing demand for development and maintenance of an adequate, safe and efficient transportation system requires that this service be recognized and defined as a governmental activity within the City's police powers. Accordingly, whenever any public work relating to the Municipal Railway is authorized by the Municipal Transportation Agency to be done under the supervision of the Director of Transportation upon, in, over or under any of the streets, the Director of Transportation, before the commencement of the work, shall notify in writing any owner or operator having utility facilities of any nature upon, in, over or under the streets to remove or adjust so much of his or their facilities as will allow the prosecution of the public work. The notice shall be accompanied by a copy of the plans and specifications for the authorized public work showing the location of the work in the streets and describing the same. The notice shall specify a time within which all affected utility facilities must be removed or adjusted. (c) The Public Utilities Commission owns and operates certain utility facilities in the City and County of San Francisco that provide essential services that are necessary to protect the public health, safety and welfare. Accordingly, whenever any public work upon, in, over or under any of the streets relating to the Public Utilities Commission is authorized to be done under the supervision of the General Manager, the General Manager, before the commencement of the work, shall notify in writing any owner or operator having utility facilities of any nature upon, in, over or under the streets to remove or adjust so much of his or their facilities as will allow the prosecution of the public work. The notice shall be accompanied by a copy of the plans and specifications for the authorized public work showing the location of the work in the streets and describing the same. The notice shall specify a time within which all affected utility facilities must be removed or adjusted. (Amended by Ord. 445-84, App. 11/13/84; Ord. 140-07, File No. 070621, App. 6/22/2007) SEC. 907. OWNERS MUST REMOVE IN REQUIRED TIME. Any owner or operator having utility facilities upon, in, over or under the streets upon, in, over or under which any public work is authorized to be done, shall, upon receipt of a Notice pursuant to Section 906, and at his expense, cause to be removed or to be adjusted within the time specified in the Notice, so much of the affected utility facilities belonging to or under the control of such owner or operator as will allow the authorized work to be prosecuted according to the plans and specifications therefor. (Added by Ord. 139-72, App. 5/26/72) SEC. 908. FAILURE-WORK MAY BE DONE BY DIRECTOR, DIRECTOR OF TRANSPORTATION OR GENERAL MANAGER. (a) If any owner or operator except a City agency or department shall fail, neglect or refuse to comply with the requirements set forth in a notice issued pursuant to Section 906(a) then, and in that event, the Director shall cause to be removed or be adjusted so much of the utility facilities as may be required for the prosecution of the said authorized public work according to the plans and specifications for the work; and the incidental expenses incurred in the removal or adjustment shall be chargeable to the owner or operator failing, neglecting or refusing to comply with the requirements of the Notice, and may be recovered in an action at law brought in the name of the City against such owner or operator. (b) If any owner or operator except a City agency or department shall fail, neglect or refuse to comply with the requirements set forth in a notice issued pursuant to Section 906(b) then, and in that event, the Director of Transportation shall cause to be removed or adjusted so much of the utility facilities as may be required for the prosecution of the said authorized public work according to the plans and specifications for the work; and the incidental expenses incurred in the removal or adjustment shall be chargeable to the owner or

operator failing, neglecting or refusing to comply with the requirements of the Notice, and may be recovered in an action at law brought in the name of the City against such owner or operator. (c) If any owner or operator except a City agency or department shall fail, neglect or refuse to comply with the requirements set forth in a notice issued pursuant to Section 906(c) then, and in that event, the General Manager shall cause to be removed or adjusted so much of the utility facilities as may be required for the prosecution of the said authorized public work according to the plans and specifications therefore the work; and the incidental expenses incurred in the removal or adjustment shall be chargeable to the owner or operator failing, neglecting or refusing to comply with the requirements of the notice, and may be recovered in an action at law brought in the name of the City against such owner or operator. (Amended by Ord. 445-84, App. 11/13/84; Ord. 140-07, File No. 070621, App. 6/22/2007) SEC. 909. AGREEMENT WITH OWNER OR OPERATOR. (a) The Director, with the approval of the City Administrator, may enter into an agreement with the owner or operator of any utility facility which may require support, protection and working around in order to successfully prosecute the construction of public work, to have any such support, protection and working around including as a part of a contract for public work. The cost of any such support, protection and working around a utility facility shall be borne by the owner or operator thereof. (b) The Director of Transportation may enter into an agreement with the owner or operator of any utility facility which may require support, protection and working around in order to successfully prosecute the construction of public work, to have any such support, protection and working around included as a part of a contract for public work. The cost of any such support, protection and working around a utility facility shall be borne by the owner or operator thereof. (c) The General Manager, with the approval of the Public Utilities Commission, may enter into an agreement with the owner or operator of any utility facility which may require support, protection and working around in order to successfully prosecute the construction of public work, to have any such support, protection and working around included as a part of a contract for public work. The cost of any such support, protection and working around a utility facility shall be borne by the owner or operator thereof. (Amended by Ord. 445-84, App. 11/13/84; Ord. 140-07, File No. 070621, App. 6/22/2007) SEC. 910. PROVISION FOR ADMINISTRATION, ETC.-COST. (a) Pursuant to Section 909(a) the Department will provide administration and other necessary services during the progress of the construction. The estimated cost of administration, preparation and supervision of the contract attributable to the work, shall be included in the agreement. (b) Pursuant to Section 909(b) the Municipal Transportation Agency will provide administration and other necessary service during the progress of the construction. The estimated cost of administration, preparation and supervision of the contract attributable to the work, shall be included in the agreement. (c) Pursuant to Section 909(c) the Public Utilities Commission will provide administration and other necessary service during the progress of the construction. The estimated cost of administration, preparation and supervision of the contract attributable to the work, shall be included in the agreement. (Amended by Ord. 445-84, App. 11/13/84; Ord. 140-07, File No. 070621, App. 6/22/2007) SEC. 911. UNDERGROUND DISTRICTS DESIGNATED. For the purpose of removing poles and placing wires underground, the City shall be divided into districts designated as Underground Districts, which Underground Districts are more particularly described in Order No. 214 (Second Series) and amendments thereto and other ordinances on file in the Office of the Clerk of the Board, in the offices of the Director, and collected in a volume entitled "Legislated Underground Districts" and maintained by the Department. The yearly rate to be accomplished by converting from overhead facilities to underground construction shall be in accordance with the limitation imposed by the funds allocated by the Serving Companies for such conversion, as ordered and required by the California Public Utilities Commission. (Amended by Ord. 223-83, App. 4/28/83; Ord. 140-07, File No. 070621, App. 6/22/2007)

SEC. 912. NEED FOR UNDERGROUND DISTRICT TO BE DETERMINED. Each Underground District shall be established by Ordinance on streets, public places, or stated areas having existing poles and overhead utility facilities, when required for reasons of public necessity, health, safety, or welfare, and when in the public interest for one or more of the following reasons: (a) To avoid or eliminate an unusually heavy concentration of overhead distribution facilities; (b) The street, road or right-of-way is extensively used by the general public and carries a heavy volume of pedestrian or vehicular traffic; (c) The street, road or right-of-way adjoins or passes through a civic area, public recreation area, or an area of unusual scenic interest to the general public; (d) In connection with a public street improvement, street reconstruction between property lines, street widening or realignment. (Added by Ord. 139-72, App. 5/26/72) SEC. 913. REMOVAL OF OVERHEAD UTILITY FACILITIES IN DESIGNATED DISTRICTS-EXEMPTIONS. The removal of all existing surface and overhead utility facilities shall be completed in accordance with the Department of Public Works program. On/or after the date of completion in accordance with said program, no surface or overhead utility facilities shall be erected or installed for any purpose in any underground district, except as are exempted in this Article. (Amended by Ord. 224-83, App. 4/28/83) SEC. 914. EXEMPTIONS TO UNDERGROUNDING. The following are expressly exempted from the provisions of this Article, with respect to undergrounding: Trolley poles and trolley contact wires used exclusively for the transmission of electrical power for transit vehicles; single primary distribution circuits and single telephone, telegraph or other cables which cross designated districts or parts thereof not further than to the extent of the width of a single street; terminal cabinets and meter boxes when the size and location have been approved by the Director. The feeders or electrical service conductors for the trolley contact wires shall conform to the undergrounding requirements of this Article. Additional variances may be granted by the Director. (Added by Ord. 139-72, App. 5/26/72) SEC. 915. PUBLIC HEARING-NOTICES. Public hearings shall be held by the Director before the establishment of an underground district. Notices of the public hearing shall be conspicuously posted along all the streets within the district, and each affected property owner and owner or operator in such district shall be notified by mail of the time and place of the hearing, in accordance with the provisions of Section 920. Written protests, objections or other comments regarding the proposal must be filed with the Director before the date of the hearing, or may be made in person during the hearing or on the day to which action on the proposal may be postponed. If the underground district is approved by the Director at this hearing, legislation will be forwarded to the Board of Supervisors for enactment of an ordinance establishing the district. (Added by Ord. 139-72, App. 5/26/72; Ord. 140-07, File No. 070621, App. 6/22/2007) SEC. 916. REMOVAL OF OVERHEAD UTILITY FACILITIES-RESPONSIBILITY FOR- COST.

The removal of overhead utility facilities shall be the responsibility of and be done by and at the cost of the owner or operator so owning, controlling, operating or using same. Before the underground installation of any utility facilities a permit for such installation shall first be secured pursuant to Section 901 hereof. (Added by Ord. 139-72, App. 5/26/72) SEC. 917. RESPONSIBILITY OF PROPERTY OWNERS. In any district that the Board may designate as an Underground District, the owner of a building or other structure will provide, as necessary, at his expense, all conduit and associated equipment required to receive utility service between the facilities of the Serving Company and the terminal facility in or on the building or structure, and all trenching, excavation, backfilling and paving necessary to allow the installation of the service lateral. The installation of conduit or other enclosures within the building or structure, from the terminal facility, shall be made by the owner in accordance with the provisions of the San Francisco Electrical Code. The terminal facility shall be located at a point approved in accordance with the rules adopted by the Director of Public Works and satisfactory to the Serving Company. (Added by Ord. 139-72, App. 5/26/72) SEC. 918. INSTALLATION OF SERVICE LATERAL. The Serving Company shall install the service lateral from its distribution line to the terminal facility of the building being served, and provide the conductor or conductors for such service, except as may be agreed between the owner and the Serving Company. Underground construction by the Serving Company shall be accomplished in accordance with the applicable provisions of the San Francisco Electrical Code and the rules and regulations of the California Public Utilities Commission. (Added by Ord. 139-72, App. 5/26/72) SEC. 919. FAILURE OF PROPERTY OWNER TO INSTALL CONDUITS. In the event of failure on the part of a property owner to perform the required construction in accordance with the provisions of Section 917 within 30 days after receipt of a notice to provide such facilities, in order to permit completion of the service reconnection and the removal of the overhead wires and conductors by the Serving Company or Companies, the Director may order the disconnection and removal of any and all overhead electrical or other service wires or conductors supplying electrical or other service to such building or structure. In the event of such failure by the property owner to act, the Director-may, at his discretion, perform the work required of property owners by Section 917, and is authorized to use and employ whatever labor, materials and devices may be necessary to effectually carry out the provisions of this Article. The total cost of the labor, materials and devices necessary for the performance of such work shall be paid by the owner of the building or structure for which such work was required. (Added by Ord. 139-72, App. 5/26/72; Ord. 140-07, File No. 070621, App. 6/22/2007) SEC. 920. NOTICE TO PROPERTY OWNER OF DECLARATION OF PUBLIC NUISANCE. (a) When the Director has determined that a property owner has failed to perform the required construction in accordance with the provisions of Section 917 within the time required by Section 919, the Director shall notify the property owner that the property has been declared a public nuisance and order that such work be done ("Director's Notice"). One copy of the Director's Notice shall be posted in a conspicuous place upon the building or structure and one copy of the Director's Notice shall be sent to the property owner by certified mail at the address of such property owner as it appears on the last equalized assessment roll of the County or at the address to which the most recent real property tax bill for said building or structure was mailed by the Tax Collector. If no such address appears on the assessment roll of the County or of the Tax Collector, then a copy of the Director's Notice shall be addressed to the property owner at the address of the building or structure involved. The failure of the property owner to receive the Director's Notice shall not affect in any manner the validity of any proceedings taken hereunder including the sale of the property. (b) The Director's Notice shall contain the following information:

(1) The street address of the property sufficient for identification. (2) A statement that the property has been declared a public nuisance pursuant to Public Works Code § 944. (3) The work required to be done at the property to receive utility services at a building or structure on the property, as well as an estimate of the cost of such work if readily ascertainable. (4) The date by which the work required is to be commenced and completed by the property owner. (5) A statement that, in the event that the property owner fails to complete the work by the required date, the Director will take action to abate the public nuisance. (6) A statement of the manner in which the Director will abate the public nuisance by installing the necessary facilities on the property, as well as an estimate of the cost of such work if readily ascertainable. (7) A statement that low-income property owners should contact the Mayor's Office of Housing to determine whether they are eligible for a grant to hire a licensed electrician to perform the work required on their properties. (8) A statement that the City will hold the property owner responsible for all of the City's costs to enforce any of the requirements of this Article and to abate the public nuisance, including the cost of the required work, the Department's administrative and supervisory costs, and any costs incurred by other City departments including the City Attorney's Office. (9) A statement that the City will make the City's costs a special assessment against the property if the property owner fails to pay the City's costs. (10) The time, date and place during which the Director will conduct a hearing to determine whether the Director should abate the public nuisance by ordering that such work be done and assessing costs against the property for abating the nuisance. (11) A statement that the property owner may attend the hearing and provide evidence why the Director should not abate the public nuisance by ordering that such work be done or assess costs against the property for abating the nuisance. (12) Such additional information as the Director deems necessary to notify property owners of their duties and obligations to comply with any of the requirements of this Article. (Added by Ord. 139-72, App. 5/26/72; Ord. 140-07, File No. 070621, App. 6/22/2007) SEC. 921. PROOF OF DELIVERY OR MAILING. (a) The person mailing the Director's Notice to a property owner as provided in Section 920 shall file an affidavit or declaration thereof under penalty of perjury with the Director certifying to the time and manner in which such notice was given. He shall also file therewith any receipt card of such notice by certified mail. (b) The notice of hearing shall be posted and served at least 10 days prior to the time set for the hearing. (Added by Ord. 139-72, App. 5/26/72; Ord. 140-07, File No. 070621, App. 6/22/2007) SEC. 922. HEARING. (a) The hearing shall be held at the time and place designated in the Director's Notice to determine whether the Director should abate the public nuisance by ordering that such work be done and assess costs against the property for abating the nuisance. For good cause the hearing may be continued by the Director to a later time. Subject to the procedures prescribed by the Director for the orderly conduct of the hearing, all persons having an interest in the building or structure may present evidence materially bearing on the case for consideration by the Director. (b) The Director shall appoint a hearing officer to conduct the hearing by taking testimony and other evidence from the Department, the property owner and any other interested parties. The hearing officer shall have the same authority as the Director to hear and decide the case and to make any order hereinafter provided for including abating the public nuisance by ordering that the work be done and assessing costs against the property for abating the nuisance. (Added by Ord. 139-72, App. 5/26/72; Ord. 140-07, File No. 070621, App. 6/22/2007) SEC. 923. ISSUANCE OF A DIRECTOR'S ORDER.

(a) At the conclusion of the hearing, the hearing officer may issue an order abating the public nuisance by requiring that the work be done and assessing costs against the property for abating the nuisance ("Director's Order"). (b) The Director's Order shall set forth the following: (1) The street address of the property where the Director has ordered the public nuisance to be abated sufficient for identification. (2) A statement of the work required to be done to abate the public nuisance. (3) A statement that the property owner has 30 days from the date of the Director's Order to abate the public nuisance by completing the required work. (4) The date and time on which the Department will enter the property to do the work required to abate the public nuisance. (5) A statement of the costs to be assessed against the property to abate the public nuisance, including the costs incurred to date and any additional costs to be incurred if the required work is not done by the date ordered by the Director. (6) A statement that the property may be sold by the Tax Collector after three years for unpaid delinquent assessments. (c) Upon written application of the property owner showing a reasonable cause for any delay, the Director may grant a reasonable extension of time not to exceed 30 days within which the work required to abate the public nuisance must be completed. (Added by Ord. 139-72, App. 5/26/72; Ord. 140-07, File No. 070621, App. 6/22/2007) SEC. 924. POSTING AND SERVICE OF ORDER. A copy of the Director's Order shall be posted in a conspicuous place upon the building or structure and shall be served in the manner prescribed in Section 920 upon all persons to whom the notice of hearing is required to be served, and a copy shall be recorded in the office of the Recorder of the City and County. (Added by Ord. 139-72, App. 5/26/72; Ord. 140-07, File No. 070621, App. 6/22/2007) SEC. 925. FORFEITURE OF PROPERTY OWNERS' RIGHT TO DO WORK. Upon a property owner's failure to comply with a Director's Order issued under Section 923 the property owner shall be deemed to have forfeited all right to do such work on said building or other structure except as the Director may otherwise allow. (Added by Ord. 139-72, App. 5/26/72; Ord. 140-07, File No. 070621, App. 6/22/2007) SEC. 926. ASSESSMENT FOR COSTS. (a) The Director shall take action to have the costs of abating the public nuisance assessed against the property upon which said building or other structure is situated. Such costs shall include;, (i) the cost of performing the required construction in accordance with the provisions of Section 917; (ii) an amount equal to 15 percent of such cost to cover the cost to the City for administration and supervision of the work required; and (iii) any costs incurred by any other City department, including the City Attorney's Office, in furtherance of the work done or related to any action, administrative proceeding, or special proceeding to abate the public nuisance. (b) In any action, administrative proceeding, or special proceeding to abate the public nuisance, the prevailing party may seek recovery of attorneys' fees; provided, however, that the recovery of such fees is available only if the City, at the initiation of the individual action or proceeding, elects to seek recovery of its own attorneys' fees. In no action, administrative proceeding or special proceeding shall an award of attorneys' fees to the prevailing party exceed the amount of reasonable attorneys' fees incurred by the City in the action or proceeding. (Added by Ord. 139-72, App. 5/26/72; Ord. 140-07, File No. 070621, App. 6/22/2007) SEC. 927. REPORT OF COSTS. The Department shall keep an account of the cost of all work done or caused to be done by the Department or by contract to which shall

have been added the 15 percent administrative and supervisory cost and any costs incurred by any other City department and shall render an itemized report in writing to the Board of Supervisors showing such cost. (Added by Ord. 139-72, App. 5/26/72; Ord. 140-07, File No. 070621, App. 6/22/2007) SEC. 928. HEARING AND CONFIRMATION OF REPORT FOR SPECIAL ASSESSMENT OF COSTS. (a) At the time fixed for receiving and considering said report, the Board of Supervisors shall hear the same, together with any objections which may be raised by any property owner liable to be assessed for the cost described in said report, and thereupon may make such modifications in the report as the Board deems necessary, after which by motion or resolution said report shall be confirmed. The costs assessed for abating a public nuisance at the property, as confirmed by the Board of Supervisors, shall constitute a special assessment against the property and shall constitute a lien on said property for the amount of said assessment. After confirmation of said report, a copy thereof shall be transmitted to the Assessor and to the Tax Collector of the City and County, whereupon it shall be the duty of said officers to add the amount of said assessment to the next regular bill for taxes levied against said property for municipal purposes, and thereafter said amount shall be collected at the same time and in the same manner as ordinary City and County taxes are collected, and shall be subject to the same penalties and the same procedure under foreclosure and sale in case of delinquency as provided for ordinary taxes of the City and County of San Francisco. (b) Notwithstanding any provision contained in this Article making the costs assessed for abating a public nuisance at the property a special assessment against the property upon which the same exists, said cost, as confirmed by the Board of Supervisors and to the extent that the same has not been paid to the City, shall be a personal obligation of the property owner and his heirs, successors and assigns, and said owner and his heirs, successors and assigns shall be liable to the City and County of San Francisco for the payment thereof. (c) If any property to which the cost of the abatement relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attached thereon, prior to the date on which the first installment of taxes would become delinquent, then the cost of the abatement shall not result in a lien against the property, but shall instead by transferred to the unsecured roll for collection. (Added by Ord. 139-72, App. 5/26/72; Ord. 140-07, File No. 070621, App. 6/22/2007) SEC. 929. COSTS OF ABATING THE PUBLIC NUISANCE. (a) Whenever the Director, pursuant to authority conferred by this Article, shall abate a public nuisance on a property by causing the required construction in accordance with the provisions of Section 917 to be performed by the Department or pursuant to contract, or take any other action to enforce the requirements of this Article, the cost thereof shall be paid from the "Underground Public Nuisance Abatement Fund" and assessed against the property upon which the particular building or other structure is located. (b) The assessment charged under Section 928 may be paid either in one lump sum payment or in 10 installments, which would be comprised of biannual payments during the five-year period. If the property owner chooses to pay the assessments in installments, a six percent interest charge shall be added annually. (Added by Ord. 139-72, App. 5/26/72; amended by Ord. 305-97, App. 7/28/97; Ord. 140-07, File No. 070621, App. 6/22/2007) SEC. 930. UNDERGROUND PUBLIC NUISANCE ABATEMENT FUND. (a) A special revolving fund, to be known as the "Underground Public Nuisance Abatement Fund," is hereby created for the purpose of defraying the costs and expenses which may be incurred by the Director to abate a public nuisance at a property or to enforce any of the other requirements of this Article. The Underground Public Nuisance Abatement Fund is a Category 8 fund under Section 10.100-1 of the San Francisco Administrative Code. (b) The Board of Supervisors may by transfer or appropriation, establish or increase the special revolving fund with such sums as it may deem necessary in order to expedite the abatement of a public nuisance at a property or the enforcement of any of the other requirements of this Article. The special revolving fund shall be replenished with all funds collected under the proceedings herein provided for, either upon voluntary payments or as the result of sale of the property after delinquency, or otherwise. Balances remaining in the Underground Public Nuisance Abatement Fund at the close of any fiscal year shall be carried forward in such fund. (Added by Ord. 139-72, App. 5/26/72; Ord. 140-07, File No. 070621, App. 6/22/2007)

SEC. 931. COMPLIANCE, RESCINDING ORDER. When the building or structure has been found to comply with requirements of the Director, the Director shall issue and record in the offices of the Recorder, City and County of San Francisco, an order rescinding his original order. (Added by Ord. 139-72, App. 5/26/72) SEC. 932. PENALTY FOR EACH DAY OVERHEAD UTILITY FACILITIES ARE LEFT STANDING. Any owner or operator who, after the time specified by ordinance for each designated underground district shall neglect to take down and remove the overhead utility facilities, shall be guilty of a misdemeanor, and upon conviction, shall be fined not less than $50 or more than $200 for every day any part of such overhead utility facilities are left standing. (Added by Ord. 139-72, App. 5/26/72) SEC. 933. TEMPORARY USE OF POLES AND OVERHEAD WIRES IN UNDERGROUND DISTRICTS. In cases requiring the temporary use of poles and overhead wires for the purpose of reporting conventions, meetings or other public gatherings, or in cases of emergency, permits may be granted by the Director for the erection of such facilities for a period not exceeding 60 days in each case, conditioned upon erection and maintenance in conformity with the Rules and Regulations of the Department. The Director, at his discretion, may grant extensions beyond 60 days if the emergency or special conditions still exist. (Added by Ord. 139-72, App. 5/26/72) SEC. 934. REMOVAL OF TEMPORARY POLES AND OVERHEAD WIRES. After the expiration of a temporary permit issued pursuant to Section 933 and the emergency or special condition no longer exists, the person, firm, partnership, corporation or public utility shall remove all poles and overhead wires from the underground district in which such temporary use was permitted. Failure to comply with the provisions of this Section shall result in the same penalties as are specified in Section 932 of this Article. (Added by Ord. 139-72, App. 5/26/72) SEC. 935. DUTIES OF THE DIRECTOR-AUTHORITY TO REMOVE OVERHEAD UTILITY FACILITIES. The Director shall be responsible for the enforcement of the provisions of this Article and the Rules and Regulations of the Department relative to and affecting the provisions of this Article, which may from time to time be issued by the Director. The Director, after the expiration of the time specified in Section 913, shall have the authority to order the removal, taking down and carrying away of any and all overhead utility facilities as may not have been previously removed by the Serving Company, as required by the provisions of this Article with respect to Underground Districts. The Director is hereby given authority to use and employ whatever labor, materials and devices may be necessary to effectually carry out the provisions of this Article. The total cost of the labor, materials and devices necessary for the taking down and removing of such overhead utility facilities shall be paid by the Serving Company. (Added by Ord. 139-72, App. 5/26/72) SEC. 936. NEW CONSTRUCTION-INSTALLATION OF SERVICE.

No permit shall be issued for construction of any new building or structure in any legislated underground district unless all electric, communication or other similar services are installed and provisions are made for receiving underground service when such underground service becomes available. (Added by Ord. 139-72, App. 5/26/72) SEC. 937. UNDERGROUND UTILITY FACILITIES TO BE INCLUDED IN CONSTRUCTION OF NEW STREETS. The Director shall require that all utility facilities and appurtenances necessary to transmit, conduct, or convey electrical energy for the purpose of electric light, heat, power, telegraph, telephone, television signal, communication, or any other electrical service, shall be installed underground by any affected Serving Company when new streets are constructed. Underground distribution and service shall be required for approval of any subdivision map by the City. Such underground installations shall be complete installations as defined in Section 900(k) and (1). (Added by Ord. 139-72, App. 5/26/72) SEC. 938. DIRECTOR MAY ENTER INTO AGREEMENT FOR JOINT CONSTRUCTION. The Director, with the approval of the City Administrator, may enter into an agreement with owners or operators of any utility facilities required to be installed underground in any street area by any Ordinance or Code, for the purpose of constructing the utility facilities jointly with public governmental facilities under a public contract. Said owner or operator shall, under such agreement, proceed in accordance with the provisions of Section 910 of this Article. (Added by Ord. 139-72, App. 5/26/72; Ord. 140-07, File No. 070621, App. 6/22/2007) SEC. 939. PROVISION FOR STREET LIGHTING IN PLANS. The Public Utilities Commission shall determine the intensity of illumination, number and spacing of lighting facilities and other details necessary to secure satisfactory street lighting. (Added by Ord. 139-72, App. 5/26/72) SEC. 940. UNDERGROUND WIRED STREET LIGHTING, FIRE ALARM AND POLICE COMMUNICATION FACILITIES TO BE INCLUDED IN PLANS FOR CONSTRUCTION OF STREETS. The Director shall require that provision for underground wired street lighting, fire alarm and police communication facilities, including standards, all associated wires, cables, conduits, junction boxes, services, and all connections therewith, be included in all plans, maps, plats and specifications for the initial construction of streets. (Added by Ord. 139-72, App. 5/26/72) SEC. 941. COST OF UNDERGROUND WIRED FACILITIES FOR STREET LIGHTING, FIRE ALARM AND POLICE COMMUNICATION SYSTEMS. The cost of underground wired facilities for street lighting, fire alarm and police communication systems shall be borne by the person, firm or corporation paying for the grading, paving, sidewalks and other street construction. (Added by Ord. 139-72, App. 5/26/72)

SEC. 942. MONEY TO BE INCLUDED IN FUND WHEN WORK DONE BY CITY. Money to cover the cost of underground wired street lighting facilities, fire alarm and police communication systems associated with work being done by the City shall be included in the fund provided for the street construction or reconstruction. (Added by Ord. 139-72, App. 5/26/72) SEC. 943. UNDERGROUND WIRED FACILITIES FOR STREET LIGHTING, FIRE ALARM AND POLICE COMMUNICATION SYSTEMS TO BECOME PROPERTY OF CITY. All underground wired street lighting, fire alarm and police communication system facilities, including but not limited to, standards and all associated wires, cables, conduits, junction boxes, services, and all connections therewith, in streets constructed or reconstructed by individuals, firms, corporations, or assessment districts, shall become the property of the City on final completion and acceptance of the work, except when such facilities are installed and are to be owned and maintained by a public utility. When accepted by the City, City-owned street lighting shall be under the jurisdiction of the San Francisco Public Utilities Commission for maintenance and operation. The Fire Alarm and Police Communication systems shall be under the jurisdiction of the San Francisco Department of Electricity for maintenance and operation. (Added by Ord. 139-72, App. 5/26/72) SEC. 944. DECLARATION OF PUBLIC NUISANCE. Any property in which the property owner has failed to comply with an order issued by the Director under Section 923 is declared to be a public nuisance and the City may take all lawful action to abate the nuisance. (Added by Ord. 140-07, File No. 070621, App. 6/22/2007)