§ 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.

History

(Amended by Ord. 342-98, App. 11/13/98)

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