San Francisco County Municipal Code Art. 4 Sewers

Sec. 102. Definitions. Sec. 103. Ownership and Responsibility for Maintenance. Sec. 103.1. Side Sewer Repair. Sec. 104. Director to Abate Nuisance or Hazard. Sec. 104.1. Recovery of Abatement Costs. Sec. 104.2. Abatement Funds. Sec. 105. Side Sewer Work by Permits. Sec. 106. Connection to Public Sewer in Off-Street Location. Sec. 107. Written Request for Side Sewer. Sec. 108. Estimate of Expense—Fee. Sec. 109. Deposit by Applicant. Sec. 110. Material—Applicant May Furnish—Credit. Sec. 111. Day Labor or Contract. Sec. 112. Expense Exceeding Estimate Constitutes Lien. Sec. 113. Expense Less Than Estimate—Claim. Sec. 114. Certificate of Proper Construction—Issuance Upon Demand. Sec. 115. Resolution of Intention for Side Sewers—Exception. Sec. 116. Sewers Constructed From Public Funds—Procedure. Sec. 116.1. Sewers Constructed From Public Funds—Connection To. Sec. 117. Materials and Construction Requirements.

SEC. 102. DEFINITIONS. For the purpose of this Article, the following definitions shall apply: (a) Nuisance. The discharge of sewage onto the surface of any public street, alley or place including sidewalks is a nuisance. (b) Hazard. Any cracking, sinking or undermining of the surface of any public street, alley or place including sidewalks caused by any absence, obstruction, failure or defect of any side sewer, private sewer, utility drain or private drainage system constitutes a threat to public safety and is a hazard. (c) Utility Drain. Any drain connected to a public sewer under the provisions of this Article and which serves a facility or structure installed or constructed under the provisions of Part II, Chapter X, Article 8 of the San Francisco Municipal Code (Public Works Code) is a utility drain. (d) Side Sewer (also known as lateral sewer). A side sewer is that portion of a sewer from the point of connection to a public sewer to a point of demarcation which shall be the front face of a curb or a curbline of record in a public street, alley or place, or the boundary line of record in an easement for public sewers, except that the point of demarcation shall be the first intersection of a private sewer which serves more than one building, lot or premises. In the absence of a curb or line of record, the Director shall establish a point of demarcation based on like public streets, alleys or places, or easements for public sewers. (e) Private Sewer. A private sewer is distinguished from a side sewer as being any other private sewer or drain installed in any public

street, alley or place including sidewalks, or easements for public sewers. (f) Reconstruction. Reconstruction shall include any side sewer work which requires alteration of the grade or alignment of an existing side sewer due to relocation of an existing private sewer or the installation of a new private sewer. (g) Roadway. A roadway is that portion of a public street, alley or place which is open for public vehicular traffic as distinguished from a sidewalk, sidewalk area, walkway, path, trail or private driveway. In an improved public street, alley or place, the roadway is from side curb to side curb. In an unimproved public street, alley or place the roadway shall be from curbline to curbline or such other lines of demarcation as the Director may establish. (h) Director. The Director of Public Works of the City and County of San Francisco. (Added by Ord. 114-77, App. 3/31/77) SEC. 103. OWNERSHIP AND RESPONSIBILITY FOR MAINTENANCE. All side sewers, private sewers, or utility drains are the property and maintenance responsibility of the owner or owners of property, facilities or structures tributary thereto. Repairs shall be at sole expense of such owner or owners except as provided in Section 103.1. (Added by Ord. 114-77, App. 3/31/77)

When the Department of Public Works determines that a repair must be made to a side sewer located in a public roadway or property, or connected to a sewer main located in an easement on private property, the repair shall be made by the Department of Public Works. In the case of a side sewer in a public roadway the Department of Public Works shall be responsible only for that section extending from the side curb or curb line to the sewer main connection. In the case of a side sewer connected to a sewer main on City property or in a City easement on private property, the section of the side sewer subject to such repair shall extend from the nearest property line of the benefited property to the connection with the sewer main. In the event the condition of a side sewer cannot be determined due to the lack of an appropriate vent or vented trap the Department of Public Works shall require the owner or owners to install such a vent or vented trap before making any repair under this Section. The Department of Public Works shall include a provision in the annual budget to cover the estimated costs of making repairs to side sewers as set forth herein in lieu of all fees or deposits as required by Sections 108 and 109 of this Article. This Section shall not be applicable to private sewers and utility drains as defined in Section 102 and referred to in Section 103 hereof. (Amended by Ord. 439-82, App. 9/3/82) SEC. 104. DIRECTOR TO ABATE NUISANCE OR HAZARD. Notwithstanding any other provisions of the San Francisco Municipal Code it shall be the duty of the Director to cause the abatement of a nuisance or hazard as provided in this Section. (a) When the source of a nuisance or hazard is in or on private property the Director shall direct the Superintendent of the Bureau of Building Inspection to abate the source of such nuisance or hazard in accordance with the provisions of Part II, Chapter VII of the San Francisco Municipal Code (Plumbing Code). The Director shall also notify the Director of Public Health of any such nuisance. The Director shall also abate any such hazard by work in or on public property in accordance with the provisions of Section 104(b) for other sources. (b) When the source of a nuisance or hazard is any side sewer, private sewer or utility drain the Director shall give written notice to abate. Notice shall be served by mailing said notice to the owner or owners of record of property tributary to a side sewer or private sewer or to the business office in the City and County of San Francisco of the owner of a utility drain. In the case of a side sewer or private sewer public notice shall be provided by posting of copies of said notice in the vicinity of said nuisance or hazard. The notice shall describe said nuisance or hazard, shall direct the owner or owners to abate the nuisance or hazard within 10 days of the mailing of notice and shall advise that the Director will abate the nuisance or hazard if the owner or owners fail to do so. The Director will abate the nuisance or hazard on failure of the owner or owners to do so within the 10 days. (Added by Ord. 114-77, App. 3/31/77)

(a) Each notice provided in Section 104 of this Article shall advise the owner or owners of responsibility for the expense of abatement of a nuisance or hazard. Any costs and charges incurred by the City by reason of abatement of a nuisance or hazard by the Director shall be an obligation to the City owing by the owner or owners of tributary property. The Director shall mail to the owner(s) of the tributary property a notice of the amount due and a warning that lien proceedings will be initiated against the property if the amounts due are not paid within 30 days after mailing of the notice. (b) Liens authorized under this section shall be imposed and collected in accordance with the requirements of Article XX of Chapter 10 of the San Francisco Administrative Code. The amount of such liens, exclusive of administrative costs and charges, shall be in accordance with the applicable provision of the following schedule: (1) For a side sewer in the roadway of any public street, alley or place, a fee of $200 for each tributary property. (2) For a side sewer other than (1) above, utility drain or private sewer, all costs and charges incurred by the City. (Added by Ord. 114-77, App. 3/31/77; amended by Ord. 322-00, File No. 001917, App. 12/28/2000)

Whenever the Director abates a nuisance or hazard at City expense the Director shall use any available fund. Any cost recovery under Section 104.1 shall be deposited to the credit of the fund from which City expense was made for such abatement. (Added by Ord. 114-77, App. 3/31/77) SEC. 105. SIDE SEWER WORK BY PERMITS. It shall be unlawful for any person to make, or to cause, or to permit to be made, any excavation in or under the surface of the roadway of any public street in the City and County of San Francisco for the purpose of constructing, reconstructing or repairing any side sewer or drain therein, or to construct in or under the roadway of any public street any such side sewer or drain or to connect the same with any public sewer or to reconstruct or repair any such side sewer or drain heretofore constructed in or under the roadway of any public street and connected with the public sewer, without first obtaining the following two permits: (a) A special street opening permit from the Bureau of Engineering of the Department of Public Works, which permit will be issued only upon the filing of an excavation bond to guarantee the maintenance of the trench area, and the payment of a deposit from which inspection expenses will be drawn; (b) A side sewer permit from the Central Permit Bureau. Nothing in this Section or in the Section next following shall limit the operations under a contract let by the Department of Public Works for work in a public street or easement or under a contract for such work which is supervised by that department. (Amended by Ord. 180-72, App. 7/5/72) SEC. 106. CONNECTION TO PUBLIC SEWER IN OFF-STREET LOCATION. Connection of a side sewer to a main public sewer in an easement, or in any off-street location shall not be made without first obtaining a side sewer permit from the Central Permit Bureau of the Department of Public Works. (Amended by Ord. 180-72, App. 7/5/72) SEC. 107. WRITTEN REQUEST FOR SIDE SEWER.

In lieu of the provisions of Sections 105 and 106, above, when at any time any person desires the construction in or under the roadway of any public street, public sidewalk or public or private easement in the City and County of San Francisco, of any side sewer or drain and the connection thereof with a main public sewer, or the reconstruction or repair of any such side sewer or drain heretofore constructed and connected with such public sewer, or is required by law to have such construction, reconstruction or repair done or made, such person may in writing, request the Department of Public Works to make or cause to be made such construction, reconstruction or repair. (Amended by Ord. 180-72, App. 7/5/72) SEC. 108. ESTIMATE OF EXPENSE-FEE. Upon such request being so made, it shall be the duty of said department to make an estimate of the expense of opening or tearing up the roadway of the street wherein such construction, reconstruction or repair is to be made and of the restoration of the same to as good a condition as it was in before said opening or tearing up, together with the estimated expense of labor to be performed and materials to be used in such construction, reconstruction or repair, including a fee of $5 to be applied as for services for official supervision. SEC. 109. DEPOSIT BY APPLICANT. Such person must thereupon deposit the amount of such estimates, inclusive of said fee, with the Department of Public Works, the same to be paid by said department into the Side Sewer Fund. When such amount shall have been so deposited, it shall be the duty of the said department to proceed to open or tear up the roadway of such street and construct the side sewer or drain so requested, in a proper manner with approved material, and properly connect the same with the public sewer, or to reconstruct or repair the existing side sewer or drain in a proper manner under its supervision, and thereafter said department shall at the proper time restore the said roadway to as good a condition as it was in before such opening or tearing up. SEC. 110. MATERIAL-APPLICANT MAY FURNISH-CREDIT. In case such person elects to furnish at his or its own expense any or all of the materials needed for use in such construction, reconstruction or repair, which privilege of such election is hereby expressly accorded, then the estimates hereinbefore provided for shall not include as an item therein the estimated expense of any or all of the said materials to be so furnished. SEC. 111. DAY LABOR OR CONTRACT. Contracts for the doing of the aforesaid work or any part thereof may be let by the said Department of Public Works in the manner provided in the Charter of the said City and County or such work or any part of the same may, at the option of said department, be done by days' labor. SEC. 112. EXPENSE EXCEEDING ESTIMATE CONSTITUTES LIEN. If the expense of such construction, reconstruction or repair has been more than the aforesaid estimate given by the Department of Public Works, the person shall be indebted to the City and County of San Francisco for such balance; and the same shall constitute a lien upon the property of such person. Said lien shall remain in force until such balance has been paid, or until the lien shall be legally discharged. Said lien may be enforced by suit brought by the said City and County in accordance with the provisions of the Code of Civil Procedure of the State of California. SEC. 113. EXPENSE LESS THAN ESTIMATE-CLAIM.

If the expense of such work has been less than the aforesaid estimate, then the surplus shall constitute a claim in favor of such person against the said City and County, and as such shall be presented, approved and paid as other claims. SEC. 114. CERTIFICATE OF PROPER CONSTRUCTION-ISSUANCE UPON DEMAND. Upon the construction, reconstruction or repair of any side sewer or drain as in Sections 105 through 118 of this Article provided for, the Department of Public Works shall issue to the person at whose request and expense the same has been made, a certificate reciting the fact of the proper construction, reconstruction or repair of such side sewer or drain, if the same be demanded. SEC. 115. RESOLUTION OF INTENTION FOR SIDE SEWERS-EXCEPTION. It is hereby determined that in the improvement of streets by the construction of sewers therein, that the resolution of intention adopted as a part of the proceedings relating to such improvement shall provide for the construction of side sewers to abutting property, except where the City Engineer reports to the Department of Public Works that construction of certain side sewers is not advisable. SEC. 116. SEWERS CONSTRUCTED FROM PUBLIC FUNDS-PROCEDURE. In the case of all sewers constructed by public funds, the specifications and contract shall make like provision for the construction of such side sewers, except where the City Engineer reports to the Department of Public Works that such side sewer construction is inexpedient, and when side sewers are constructed under the provisions of Sections 105 through 118 of this Article, the cost of such side sewers shall be assessed to the abutting property.

Where connection to a sewer constructed with public funds is sought by the owner of a parcel which has not been assessed for or paid for the construction of such sewer, the Director of Public Works is authorized to impose a sewer connection fee which shall be paid to the City at the time such owner requests connection to the sewer. The amount of the fee shall be based on the cost to construct a 12-inch diameter sewer. At locations where a smaller sewer has been constructed, the amount of the fee shall be based on the cost of the sewer so installed. The fee shall be equal to, but not greater than, the assessment that could have been levied for the construction of the sewer facilities at the time they were constructed. The fee shall be collected by the Tax Collector and placed into the account from which funds were taken to construct the sewer in front of said property. (Added by Ord. 209-71, App. 8/11/71) SEC. 117. MATERIALS AND CONSTRUCTION REQUIREMENTS. Public sewers and side sewers shall be constructed in accordance with current Standard Specifications and Plans of the Bureau of Engineering, Department of Public Works, and such other regulations of the bureau as may be applicable.