San Francisco County Municipal Code Art. 9 Unaccepted Streets

Sec. 400. Notice to Repair. Sec. 400.1. Owners of Frontage Responsible for Removal of Rubbish or Debris From Unaccepted Streets That Are Unpaved. Sec. 400.2. Director of Public Works Authorized to Notify Owners to Remove Rubbish or Debris. Sec. 400.3. Notice to Owner. Sec. 400.4. Contents of Notice. Sec. 400.5. Director of Public Works to Remove Rubbish or Debris if Owner Fails To Do So. Sec. 400.6. Notice of Cost and Claim of Lien, and Recording of Lien. Sec. 400.7. Recording of Lien. Sec. 400.8. Collection by Bureau of Delinquent Revenue. Sec. 400.9. Release of Lien. Sec. 400.10. Revolving Fund. Sec. 401. Repair of Temporary Road or Street. Sec. 405. Application—Investigation—Permit. Sec. 406. Permission When Granted—Procedure. Sec. 407. Sewers, When Improvement Made by Private Contract. Sec. 408. Provisions Not Applicable. Sec. 409. Improvement of Public Street Crossings. Sec. 410. Application, What to Accompany—Verification. Sec. 411. Approval—Time Limitation—Certificate of Completion. Sec. 412. Failure to Complete Work Within Limited Time. Sec. 413. Surety Bond or Certified Check Required. Sec. 414. Liability Not Affected by Assignment of Contracts—Recordation—Notice. Sec. 415. Investigation of Signatures. Sec. 416. Improvement by Individual Owner. Sec. 417. Existing Contracts Confirmed. Sec. 422. Undedicated Streets—Sale of Lots Prohibited. Sec. 423. Objection to Similar Names. Sec. 424. Penalty.

SEC. 400. NOTICE TO REPAIR. (a) When, in the judgment of the Director of the Department of Public Works, any portion of the improved, but unaccepted public right-of-way that is under the jurisdiction and control of the Department of Public Works, including, but not limited to, a street, avenue, lane, alley, court or place, or any portion of any sidewalk thereof, shall be so out of repair or in such condition as to endanger persons or property passing thereon, or so as to interfere with the public convenience in the use thereof, the Director is authorized to notify in

writing the owner or owners of any lot fronting on said portion of said affected public right-of-way that such owner is required to repair, reconstruct, or improve forthwith the affected public right-of-way, to the centerline thereof, in such manner and time period as the Director deems expedient and appropriate. (b) If the responsible property owner(s) notified pursuant to Subsection (a) is inaccessible or fails, neglects, or refuses to diligently prosecute to completion the remedial work in the manner and time period specified by the Director, then the Director may undertake all necessary actions to remedy the condition. All costs expended by the Director shall be an obligation of the responsible property owner(s) owing to the City and County of San Francisco. Such costs shall include, but are not limited to, those costs associated with the administration, construction, consultants, equipment, inspection, notification, remediation, repair, restoration, or any other actual costs incurred by the Director or other agencies, boards, commissions, or departments of the City and County of San Francisco that were made necessary by reason of the Director's remediation. (c) In order to enforce an obligation imposed pursuant to Subsection (b), the Director is authorized to institute the lien procedures that are set forth in this Code, Article 15, Sections 706.4 through 707.1. (Amended by Ord. 342-98, App. 11/13/98)

DEBRIS FROM UNACCEPTED STREETS THAT ARE UNPAVED. It shall be the duty of the owners of lots or portions of lots immediately adjacent to any portion of the roadway of any unpaved street, avenue, lane, alley, court or place, or any portion of any sidewalk thereof, in the City and County of San Francisco, none of which has been accepted by the Supervisors as by law or as in the Charter of said City and County provided, to maintain said roadways or sidewalks adjacent to their property free and clear of rubbish or debris. (Added by Ord. 16-71, App. 1/26/71)

REMOVE RUBBISH OR DEBRIS. When in the judgment of the Director of the Department of Public Works of the City and County of San Francisco or his authorized representative, any portion of the roadway of any unpaved street, avenue, lane, alley, court or place, or any portion of any sidewalk thereof, in the said City and County, none of which has been accepted by the Supervisors as by law or as in the Charter of said City and County provided, shall contain rubbish or debris in such quantity so as to endanger persons or property passing thereon, or so as to interfere with the public convenience in the use thereof, or which consists, in whole or in part, of combustible material, the Director is authorized to notify the owner of any real property fronting on said portion of said unpaved street, avenue, lane, alley, court or place, or sidewalk so containing rubbish or debris as aforesaid, to remove such rubbish or debris. (Added by Ord. 16-71, App. 1/26/71)

The notice shall be written and may be given by delivery personally or by mailing a notice, either by letter or postal card, postage prepaid, to his last known address, as the same appears on the last assessment rolls of the City and County of San Francisco. Immediately after mailing any such notice, the Director of Public Works shall cause a copy thereof, printed or pasted on a card of not less than eight inches by 10 inches in size, to be posted in a conspicuous place on said property. (Added by Ord. 16-71, App. 1/26/71)

Such notice shall direct the owner to remove such rubbish or debris in such manner as the said Director of Public Works may determine and direct, from said portion of said unpaved street, avenue, lane, alley, court or place, to the center line thereof, or said portion of said sidewalk in front of said property, and shall further specify that, if the removal of rubbish or debris is not commenced within five calendar days after notice is given as aforesaid and prosecuted to completion diligently and without interruption, the Director of Public

Works shall remove or cause to be removed such rubbish or debris and the cost of the same shall be a lien on such property. (Added by Ord. 16-71, App. 1/26/71)

OWNER FAILS TO DO SO. If the removal of rubbish or debris is not commenced and prosecuted to completion with due diligence, as required by said notice, the Director of Public Works shall remove or cause to be removed the rubbish or debris. The cost of such removal shall be an obligation to the City and County of San Francisco owing by the owner of the adjacent property, and the City and County shall have a lien on the adjacent property. Both such obligation and lien shall be subject to the provisions of Sections 400.6, 400.7, 400.8, and 400.9 of this Article. (Added by Ord. 16-71, App. 1/26/71)

Upon completion of the work of removing the rubbish or debris, the Director of Public Works shall ascertain the cost thereof, apportioning the same if the area from which the rubbish or debris is removed is next adjacent to more than one lot of land. The owner of such lot of land shall thereupon be obligated to the City and County of San Francisco in the amount of such cost of removal of rubbish or debris and the City and County shall thereupon have a lien for such cost of removal of rubbish or debris upon any such lot of land until payment thereof. On ascertaining the cost of removal of rubbish or debris as aforesaid, the Director of Public Works shall cause notice thereof to be mailed in the manner herein provided for mailing notice to remove rubbish or debris, which notice shall demand payment thereof to the Director of Public Works, and shall give notice that a lien therefor has been recorded. (Added by Ord. 16-71, App. 1/26/71)

Upon ascertaining the cost of removal of rubbish or debris as described in Section 400.6 hereof, the Director of Public Works shall file in the office of the Recorder of the City and County of San Francisco a verified claim containing a particular description of the property subject to such lien, the place and general nature of the work of removing rubbish or debris for which lien is claimed, the dates of mailing or delivery of notice to remove rubbish or debris and cost of the removal, the name of the owner of the property as aforesaid and the amount of the lien claimed. (Added by Ord. 16-71, App. 1/26/71)

Ninety days after the mailing of the notice described in Section 400.6 hereof, the Director of Public Works shall transmit to the Bureau of Delinquent Revenue a statement of each unpaid cost of removing rubbish or debris. The Bureau shall endeavor diligently to collect the same on behalf of the City and County by foreclosure of the lien therefor or otherwise. Any and all amounts paid or collected shall replenish the revolving fund hereinafter provided. (Added by Ord. 16- 71, App. 1/26/71)

On payment of any such claim of lien, the Director of Public Works shall release such claim of lien and file the release in the office of the Recorder of the City and County of San Francisco. (Added by Ord. 16-71, App. 1/26/71)

A fund shall be provided to cover initially the cost of removal of rubbish or debris as provided in Section 400.5 hereof, said fund to be a revolving fund and replenished by appropriations and by all moneys paid or collected for rubbish or debris removal and liens therefor as herein provided. (Added by Ord. 16-71, App. 1/26/71) SEC. 401. REPAIR OF TEMPORARY ROAD OR STREET. Notwithstanding any other provision contained in this Article the Director of Public Works shall have power and its shall be his duty to repair, out of funds as may be from time to time appropriated or set aside for the purpose, any temporary road or street which has been constructed by this City and County with public funds. SEC. 405. APPLICATION-INVESTIGATION-PERMIT. Application for permission to do any street work in or upon any unaccepted public street in the City and County of San Francisco by private contract must be made in writing to the Director of Public Works, which application shall contain a comprehensive description of the work to be done. Said Director shall thereupon investigate such application, and if after investigation the Director determines that the public interest or convenience requires the doing of the proposed work and that the same is expedient and will not be productive of detriment to the public safety or convenience, he is hereby authorized to grant permission for the doing of the same as applied for or as modified by the direction of the City Engineer, subject to the conditions and provisions in this Article hereinafter prescribed and provided. SEC. 406. PERMISSION WHEN GRANTED-PROCEDURE. (a) Owners of All Frontage Enter Into Contract. No permission for the doing of any street work in or upon any unaccepted public street in the City and County of San Francisco, except in the case of main sewer construction, or the improvement of a street crossing or intersection as hereinafter provided for, shall be granted in pursuance of the provisions of this Article, unless the owners of all of the improvable frontage on a block of the street whereon or wherein such work is proposed to be done, or the authorized agents of such owners, shall have entered into a written contract for the doing thereof, then and in such case said Director may grant permission for the making of same. (b) Prior Proceedings Instituted by Owners of 60 Percent of Frontage. Provided, however, that if the applicant for a permit to do any street work in or upon any unaccepted public street shall, subsequent to the 28th day of January, 1935, obtain contracts for the doing of said work from the owners, or authorized agents of the owners, of 60 percent or more of the frontage upon a street, between main intersections, proposed to be improved, as delineated upon a diagram accompanying the application, then the Director of Public Works shall, within 30 days after receipt of the application, accompanied by said contracts, or photostatic copies thereof, institute public proceedings, in accordance with the provisions of Article 6 of this Chapter, for the improvement of the portion or portions, between said intersections, of the street proposed to be improved, for which applicant filed no contract or contracts. (c) Procedure for Public Work-Permit for Private Work. If the order of the Director of Public Works requiring the improvement of the portion or portions of the work not included in the private contract or contracts, be sustained by the Board of Supervisors, then the Director of Public Works shall call for bids for the construction of the portion or portions ordered done under public proceedings, and when the Director of Public Works shall award the contract for the portion of the work to be done under public proceedings, the Director of Public Works shall at the same time issue a permit to the contractor who has filed the contract or contracts for the balance of the work on the particular project. (d) Bids May Be Rejected and Proceedings Dismissed. Whenever in the opinion of the Director of Public Works, there are not a sufficient number of bids to constitute free and satisfactory competition for the contract under public proceedings, the Director of Public Works shall reject all bids and dismiss public proceedings. (e) Underground Service Facilities. Any contract herein authorized shall include provision for all necessary underground service

facilities. SEC. 407. SEWERS, WHEN IMPROVEMENT MADE BY PRIVATE CONTRACT. Where the construction of a main sewer is deemed by the Director of Public Works and the City Engineer to be necessary in any block proposed to be improved by private contract, then and in such case no work, except grading, involving the construction of a pavement on such block, shall be permitted to be done until such main sewer shall have been constructed with side sewers and other appurtenances as in this Section hereinafter provided for and regulated. Where a main sewer has already been constructed in a block and side sewers and other appurtenances to such main sewer are deemed necessary by the said Director and City Engineer, the construction of the same shall be conditioned for in the private contract in this Article referred to. In the case of the construction of a main sewer in any block, no permission for the construction of the same by private contract shall be granted unless such contract is signed and conditioned for the construction of such sewer for its entire serviceable length between the main street crossings, or main street intersections, as may be determined by the City Engineer, with side sewers and other expedient and essential appurtenances as may be required by the City Engineer, under such regulations as may be prescribed by him, and approved by the Director of Public Works. SEC. 408. PROVISIONS NOT APPLICABLE. The provisions of Sections 105 to 113, inclusive, of Article 4 of this Chapter regulating the construction, reconstruction or repair of private side sewers or drains and the connection thereof with main public sewers, shall not be deemed applicable to the construction of side sewers by private contract under and pursuant to the provisions of this Article. SEC. 409. IMPROVEMENT OF PUBLIC STREET CROSSINGS. Permission for the improvement of a public street crossing or intersection shall not be granted unless the owners of at least a majority of the frontage of the lots and lands liable for the cost thereof, or the authorized agents of such owners, shall have entered into contract therefor, such frontage being determinable according to method provided in the Improvement Act of 1911 of the State of California as said act provides on the 28th day of January, 1935, for determining the frontage liable for the improvement of street crossings or intersections. SEC. 410. APPLICATION, WHAT TO ACCOMPANY-VERIFICATION. Two original contracts, or two photostatic copies of the original contract, for the doing of any proposed street work pursuant to the provisions of this Article shall accompany the application for permission to do the proposed work together with a diagram showing thereon the lots and lands signed for by the respective owners thereof, or by their agents, as indicated in such contract and the respective frontages so signed for; and to such contracts accompanying such application there shall be attached affidavits sworn to before a notary public that the signatures of said owners or their agents respectively appearing in such contracts, are genuine, and were to the actual knowledge of affiant subscribed by said owners or said agents, respectively, and that the frontage set opposite the said signatures, severally, is correct according to affiant's best information and belief. SEC. 411. APPROVAL-TIME LIMITATION-CERTIFICATE OF COMPLETION. The work proposed to be done under such private contract must be of a class or type approved and recommended by the City Engineer. Such work must be done under the direction and to the satisfaction of the Director of Public Works and the materials to be used therein must be in accordance with specifications adopted by the Director of Public Works for similar work, and be to the satisfaction of the Director of Public Works.

The Director of Public Works shall fix the time within which the work shall be completed which time shall begin to run from the date of the order of said Director granting the permission for the doing of the same. When the work shall have been completed to the satisfaction of the City Engineer and the Director of Public Works, the said Director shall so declare by order, and thereupon deliver to the contractor a certificate to that effect. SEC. 412. FAILURE TO COMPLETE WORK WITHIN LIMITED TIME. In case the work to be done by private contract, as hereinbefore provided for, shall not have been completed within the time limited in the order of permission or within such extended time as may be granted by the Director of Public Works, then said Director shall by order revoke the permission theretofore granted for doing such work. SEC. 413. SURETY BOND OR CERTIFIED CHECK REQUIRED. No permission for doing any street work by private contract under and pursuant to the provisions of this Article shall become effective until the contractor covenanting to perform the same shall have executed to the City and County of San Francisco, and delivered to the Secretary of the Department of Public Works a bond in such amount as may have been fixed in the order of the said Director, granting such permission, with some surety company authorized to do business in the State of California as surety thereon, conditioned for the faithful performance of the contract, or shall have deposited with the said Secretary a certified check upon some solvent bank for the said amount as a guaranty for such performance. Before entering upon the performance of any work in this Article provided for, the contractor covenanting to do such work shall also file with the Director of Public Works a bond, with some surety company authorized to do business in the State of California, as surety thereon, to be satisfactory in all respects to said Director, in a sum not less than ½ of the total amount payable by the terms of the contract, conditioned for the payment of all materialmen and employees under the contract. In lieu of such bonds or certified check, any contractor may deliver to said Secretary a bond in the sum of $25,000, with some surety company authorized to do business in the State of California, as surety thereon, conditioned for faithful performance of any and all private contracts authorized to be performed by him in pursuance of the provisions of this Article, and for the payment of all materialmen and employees under such contracts. Such last-mentioned bond must be satisfactory in all respects to said Director and shall be renewed annually. SEC. 414. LIABILITY NOT AFFECTED BY ASSIGNMENT OF CONTRACTS- RECORDATION-NOTICE. No assignment or transfer of a contract authorized or provided for in this Article, or of any rights thereunder, shall operate to relieve the surety or sureties on any bond executed in connection with such contract, as herein provided for, from the obligations or liabilities assumed in and by such bond, nor change or in any manner or degree qualify such obligations or liabilities. All such assignments or transfers of contracts must be recorded in the County Recorder's office and due notice thereof given to the Director of Public Works. SEC. 415. INVESTIGATION OF SIGNATURES. The Director of Public Works may institute such inquiry as he deems proper for the purpose of determining the authenticity of the signatures appearing on a private contract, or the authority of the parties thereto to sign same. SEC. 416. IMPROVEMENT BY INDIVIDUAL OWNER. Nothing in this Article shall be construed as prohibiting the Director of Public Works from granting permission to an individual owner or his duly authorized agent to improve a public street in front of his property, if in the judgment of the City Engineer and said Director such improvement be deemed advisable and expedient, and the public interest or convenience requires the same. It shall be unlawful for any person, firm or corporation to commence or proceed with the construction of street improvement works within the City and County

of San Francisco, unless a permit therefor shall have been first obtained from the Department of Public Works, unless the Director of Public Works decides that no permit is needed. Before the issuance of such permit the applicant therefor shall be required to pay to the said Department, as a processing fee, the sum of $160 for each permit. (Amended by Ord. 401-87, App. 9/26/87) SEC. 417. EXISTING CONTRACTS CONFIRMED. The provisions of this Article shall not be deemed in any way to affect any of the matters provided for in Article 6 of this Chapter for the improvement of streets by public contract and assessment of the cost thereof against private property. This Article, however, shall not in any manner be held to affect any private contract heretofore in force and effect in pursuance of the provisions of Ordinance No. 7169 (New Series) and ordinance amendatory thereof, which provisions shall be deemed applicable until the completion of every such contract. SEC. 422. UNDEDICATED STREETS-SALE OF LOTS PROHIBITED. No person, firm or corporation shall sell or offer for sale any lot or lots facing on a street or streets not heretofore opened and dedicated to public use, unless the name or names of such streets have been previously submitted to the Department of Public Works and such department has approved such name or names. SEC. 423. OBJECTION TO SIMILAR NAMES. It shall be the duty of the Department of Public Works to object to the name of any proposed street similar to one already dedicated, unless the new street can be an extension of the latter, and also to object to any name that may be so similar as to lead to confusion. In neither case the person, firm or corporation that submitted the name or names which were objected to shall submit other names not open to the same objection, and shall not sell or offer for sale any lot or lots on such proposed streets until the names thereof have been approved by the Department of Public Works. SEC. 424. PENALTY. Any person, firm or corporation violating any provisions of Sections 422 and 423 of this Article shall be punished by a fine of not more than $100 or by imprisonment in the County Jail not exceeding 30 days, or by both such fine and imprisonment.