San Francisco Fire Code § 113.4 [For SF] Notice of Violation

(a) When the fire code official finds a building, occupancy, premises, system, or vehicle, or any portion thereof, that is in violation of this code, the fire code official shall, within 15 days, prepare a written notice of violation, which shall identify the code sections violated, describe the violation, and, where applicable, require correction of the violation. The notice of violation shall also set forth the penalties, fees, and costs for the violation. The notice of violation shall also identify the violation as a priority complaint, for violations presenting immediate life safety issues, or a standard complaint, for all other violations. When correction is not immediate, the notice of violation shall specify a time for compliance and re-inspection.

(b) When the fire code official finds a person performing any activity requiring a permit under this code without the required permit, or conducting an activity in violation of conditions set in a permit issued under this code, the fire code official may prepare a written notice of violation, which shall identify the code sections violated and describe the violation. The notice of violation shall also set forth the penalties, fees, and costs for the violation. The notice of violation shall also identify the violation as a priority complaint, for violations presenting immediate life safety issues, or a standard complaint, for all other violations. In addition, the fire code official may issue a stop work order under Section 114, requiring the person to immediately cease performing the activity.

The following San Francisco Fire Code Section replaces the corresponding California Fire Code Section:

(a) When a notice of violation pertains to a specific building, occupancy, premises, system, or vehicle, the fire code official shall mail a copy of the notice of violation to the owner of the building, occupancy, premises, system, or vehicle by regular U.S. mail. The fire code official shall post the notice of violation in a conspicuous place on the subject property.

(b) When a notice of violation pertains to a person engaged in an activity for which a permit is required without the required permit, or in violation of a permit issued under this code is the person engaging in that activity, the fire code official shall serve the notice of violation upon the person responsible for the activity as follows: by personal service, by regular U.S. mail and certified mail, or by leaving it with a person of responsibility at site of the activity. The fire code official shall post the notice of violation in a conspicuous place on the subject property.

(c) Service by certified or registered mail is effective on the date of mailing if the certified or registered letter is mailed, postage prepaid, return receipt requested, to the person responsible at that person’s current address as listed with the Assessor’s Office. If the Assessor’s Office records do not include an address for a person entitled to notice, then the fire code official shall serve that person by mailing the letter to the address of the building, occupancy, premises, or system involved in the proceedings.

When the fire code official issues a notice of violation and sets a date for compliance and re-inspection to certify compliance with code requirements, the fire code official shall charge a $272 violation re-inspection fee for each reinspection and the person responsible shall pay that fee.

(a) If the person responsible to correct a violation identified as a priority complaint fails to do so within the time period specified in the notice of violation, the fire code official shall set the matter for hearing, to be heard within 60

days of the deadline. If the person responsible to correct any other violation fails to do so within the time period specified in the notice of violation, the fire code official shall set the matter for hearing, to be heard within 180 days of the deadline.

(b) Notice of hearing. If the fire code official determines to set the matter for hearing, the fire code official shall serve a notice of hearing that provides at least 10-day notice of the hearing. The notice shall include the following information: (1) the street address of the building, occupancy, premises, or system that is in violation of the code, or the date and location of any activity conducted without a required permit or in violation of permit conditions; (2) the date, hour and place of the hearing; (3) a statement that the hearing is an opportunity for all interested parties to appear before the fire code official to show cause why the fire code official should not order the building, occupancy, premises, or system repaired or altered to be brought into compliance with code, or vacated or demolished, or require a permit or compliance with permit requirements; (4) a warning that describes the penalties for violation as set forth in subsection (k) below and Section 113.4.4; and (5) a copy of the notice of violation.

(c) Service of hearing notice. The fire code official shall serve the notice of hearing on each of the following persons: (1) the person, if any, in real or apparent charge and control of the building, occupancy, premises, or system, or responsible for any activity; (2) the owner of record of any building, occupancy, premises, or system, or where an activity occurred; (3) the holder of any mortgage, deed of trust, lien or encumbrance of record; (4) the owner or holder of any recorded lease; and (5) the holder of any other recorded estate or interest in the building, occupancy, premises, or system, or the land upon which it is located. The fire code official shall include an affidavit or declaration under penalty of perjury, certifying to the time and manner in which the notice was served. The fire code official shall serve the notice of hearing as follows: by personal service; or by regular U.S. Mail and certified or registered mail. Service by certified or registered mail is effective on the date of mailing if the certified or registered letter is mailed, postage prepaid, return receipt requested, to each person entitled to notice as that person’s address appears on the last annual tax roll of the county or at the address to which the Tax Collector mailed the most recent real property tax bill for the building, occupancy, premises, or system. If the annual tax roll or the Tax Collector records do not include an address for a particular person entitled to notice, then the fire code official shall serve the notice to that person at the address of the building, occupancy, premises, or system involved in the proceedings. The failure of any owner or other person to receive a notice of hearing shall not affect in any manner the validity of any proceeding taken or order issued under this section.

(d) Posting of notice. The fire code official shall ensure that a copy of the notice of hearing and notice of violation is posted in a conspicuous place on the building or property, and at the location of the hearing. The notice shall be posted at both locations at least 10 days before the date set for the hearing.

(e) [Reserved].

(f) Hearing. The fire code official or designee shall conduct a public hearing on the matter, at the date, time and location specified in the notice of hearing. The fire code official or designee may continue the hearing for good cause, except that any continuance shall not exceed 30 days, and only one continuance is allowed. Subject to any procedures prescribed by the fire code official for the orderly conduct of the hearing, the fire code official may permit persons with an interest in the building, occupancy, premises, or system, or with knowledge of facts material to the allegations of the notice of violation, to present evidence for the fire code official to consider. The fire code official shall promulgate procedures for implementation of the hearing.

(g) Decision and order. The fire code official shall give full and fair consideration to the evidence received at the hearing, and within 30 days of the conclusion of the hearing, shall issue a written decision either: (1) finding no violation and issuing an Order of Rescission that withdraws the notice of violation and dismisses the proceedings; or (2) finding that the building, occupancy, premises, or system, or any portion thereof, is in violation of this code and issuing an Order to Abate. The order shall state that the person responsible take action as ordered by the fire code

official to bring the building, occupancy, premises, or system into compliance with this code. The order may also include an Order to Vacate directing the building, occupancy, or premises be vacated pending compliance with the requirements of this code.

Any Order to Abate a violation of this code or an Order to Vacate a building, occupancy or premises shall include the following: the street address of the building, occupancy, premises, or system; findings and conclusions about the specifics of the violations and the code section violated; a statement of work the person responsible must perform to remedy the violation and, if applicable, an order to vacate; and time requirements for compliance with the order. The fire code official shall require the person responsible to commence work required under the order within not more than 30 days from the date of the decision, and shall set a reasonable period of time, not to exceed six months from commencement, for the person responsible to complete the required work.

(h) Service of, posting, and recording decision. The fire code official shall serve the decision and order on the persons and in the manner specified in subsection (c) above. The fire code official shall post the decision and order in the manner specified in subsection (d) above. The fire code official shall record the decision and order in the AssessorRecorder’s Office.

(i) Extension. The person responsible may submit a written application to extend the date to commence work required under the decision and order or to extend the date to complete required work. The fire code official may grant a request to extend the time to commence or to complete work, for good cause shown, only where there is no imminent risk to life or property, and for a time not to exceed 90 days.

(j) Compliance, Order of Compliance. When the fire code official determines that the person responsible has completed all work required under the order, and that the building, occupancy, premises, or system complies with the requirements of this code, the fire code official shall issue an Order of Compliance, acknowledging that the person responsible has complied with the original order. The fire code official shall serve and post the Order of Compliance, and file it in the Assessor-Recorder’s Office after all associated fees, fines, and penalties have been paid.

(k) Penalties for disregarding order. Any person responsible who fails to comply with an Order to Abate under this section shall be guilty of an infraction as set forth in Section 113.6. Any person who removes any notice or order posted as required in this section shall be guilty of an infraction as provided in Section 113.6.

Any person in possession who fails to comply with an Order to Vacate shall be guilty of a misdemeanor as provided in Section 113.6.

All Orders to Abate and Orders to Vacate filed at the Assessor-Recorder’s Office shall be referred to the City Attorney’s Office (CAT) for civil action within 30 days after recording if work to correct the violation has not commenced, or if the fire code official determines that the work to abate the violation has not progressed.

When the owner of the building, occupancy, premises, system, or vehicle fails to abate a violation by the compliance date and the fire code official refers the matter for hearing, the department shall charge a $153 administrative hearing referral fee for the processing of the Notice of Administrative Hearing as per Section 113.4.3 (a)(b)(c) and the person responsible shall pay that fee.

When the owner of the building, occupancy, premises, system, or vehicle fails to abate a violation and the fire code official refers the matter for hearing and sets a date for the violation to be heard before a hearing officer, the fire code official shall charge a $432 administrative hearing fee for each Administrative Hearing where the violation is heard and the person responsible shall pay that fee.

When the hearing officer sets a date for violations to be corrected and verify compliance with code requirements, the fire code official shall charge a $153 violation re-inspection fee for each re-inspection and the person responsible shall pay that fee.

All administrative hearing and reinspection fees, including late payment fees, shall be payable to the Fire Department and upon receipt by the Department, these associated revenues shall be deposited in a designated Bureau of Fire Prevention project account to support expenditures related to community outreach, internal fire prevention personnel training, and other fire safety education and prevention programs.

Any person violating this code, or who violates, disobeys, omits, neglects or refuses to comply with any notice of violation or decision and order under this code, shall be liable for a civil penalty of up to $1,000 for each day the violation is committed or permitted to continue, in addition to attorney’s fees and costs, which penalty shall be assessed and recovered in a civil action brought by the City and County of San Francisco in any court of competent jurisdiction. In assessing the amount of the civil penalty, the court shall consider any one or more of the relevant circumstances presented by any of the parties to the case, including but not limited to, the following: the nature and seriousness of the misconduct, the number of violations, the persistence of the misconduct, the length of time over which the misconduct occurred, the willfulness of the defendant’s misconduct, and the defendant’s assets, liabilities and net worth. Any penalties imposed pursuant to this section shall be paid to the City other remedies provided by law.1 No provision in this section shall preclude prosecution of actions for criminal penalties concurrently, sequentially, or individually.

CODIFICATION NOTE

1. So in Ord. 39-26.

All fines and late payment fees shall be payable to the Fire Department and upon receipt by the Department, these associated revenues shall be deposited in a designated Bureau of Fire Prevention project account to support expenditures related to community outreach, internal fire prevention personnel training, and other fire safety education and prevention programs.

Notwithstanding any other provision of this code, any person served with a notice of violation that sets a date to correct the violations shall be presumed, in civil proceedings, to have failed to comply with that notice of violation if the date to correct the violation has passed without correction of the violation.