San Francisco County Municipal Code Div. VIII Miscellaneous

Subject to the limitations of due process, notwithstanding any other provision of this Code whenever the words "shall" or "must" are used in establishing a responsibility or duty of the City, its elected or appointed officers, employees, or agents, it is the legislative intent that such words establish a discretionary responsibility or duty requiring the exercise of judgment and discretion. (Added by Ord. 164-92, App. 6/10/92)

Notwithstanding any other provision of this Article: A person or business is exempted from any provisions of this Article that conflict with State or federal law or regulations to which person or business is subject. (Added by Ord. 164-92, App. 6/10/92)

If any section, subsection, sentence, clause, or phrase of this Article is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Article. The Board of Supervisors hereby declares that it would have passed this Article and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Article would be subsequently declared invalid or unconstitutional. (Added by Ord. 164-92, App. 6/10/92)

The Director of Health, through the Health Commission, shall recommend to the Board of Supervisors appropriate processing, registration, permit and related fees sufficient to pay for but not exceed the costs in administering this Article. Such fees shall include, but not be limited to: (a) The cost of inspection and enforcement action performed by authorized hazardous materials inspectors; (b) The cost of the appeals process; (c) The cost of filing and processing documents; (d) The cost of printing forms and informational brochures by the Director of Health; (e) The cost of setting up and running a centralized computer data bank on hazardous materials; (f) Other expenses incurred by the City and County of San Francisco in implementing and enforcing this Article.

(Added by Ord. 164-92, App. 6/10/92)

All fees shall be due and payable within 30 days of the date of issuance of a notice of payment due. Delinquent fees shall be subject to a penalty of 10 percent plus interest at the rate of one percent per month on the outstanding balance which shall be added to the amount of the fee collected from the date that payment is due. In addition, the City may impose a lien against the property as provided in Article XX of Chapter 10 of the San Francisco Administrative Code (commencing with Section 10.230). (Added by Ord. 164-92, App. 6/10/92; amended by Ord. 322-00, File No. 001917, App. 12/28/2000)

Permit and registration applicants shall not be entitled to a refund or rebate of a fee because the permit or certificate of registration is denied or application withdrawn. Permit or registration fees are not refundable if the person or business discontinues the activity or use of an establishment prior to the expiration of the term or if the permit is suspended or revoked prior to the expiration of the term. (Added by Ord. 164-92, App. 6/10/92)

Payment of fees as provided in this Article, Article 21A or Article 22 does not exempt the person or business from payment of any other charges which may be levied pursuant to other sections of the San Francisco Municipal Code or written rules and regulations of any department relating to the permit or registration. (Added by Ord. 164-92, App. 6/10/92; amended by Ord. 399-97, App. 10/17/97)

The Director of Health shall cause an annual report to be made and filed with the Controller no later than April 1st of each year as set forth in Section 3.7 of the San Francisco Administrative Code. The Controller shall file said report with the Board of Supervisors no later than May 15th of each year along with a proposed ordinance readjusting the fee rates as necessary to ensure that they produce sufficient revenue to support the costs of providing the services for which each fee is assessed. After receipt of the report, the Board of Supervisors shall, by ordinance, establish or readjust the rates for certificates of registration, permits, inspections, and other related hazardous materials and hazardous waste fees set forth in this Article, Article 21A, or Article 22. (Added by Ord. 164-92, App. 6/10/92; amended by Ord. 399-97, App. 10/17/97)

DEPARTMENTS. Each year the Controller shall determine what percentage of any fee charged pursuant to this Article, Article 21A and Article 22 offsets the costs incurred by City departments other than the Health Department in regulating and inspecting activities authorized by certificates of registration or permits issued by the Health Department pursuant to this Article, Article 21A and Article 22 and the appropriate percentage of such fees shall be credited by the Health Department to the other departments; provided, however, the Health Department shall not charge for the Fire Department's costs if the materials stored or activities at the establishment are subject to the permit requirements of the Fire Code (Part II, Chapter 4) and shall not charge for permit review by the City Planning Department if the owner of the establishment is required to obtain a building permit or previously has received a Health Department, Police Department or Fire Department permit based on the same materials, activities or use.

(Added by Ord. 164-92, App. 6/10/92; amended by Ord. 399-97, App. 10/17/97)

Fees are calculated based on the current information on file with the San Francisco Department of Public Health. If the fees in a facility's invoice from the Department do not accurately reflect the facility's activities, the facility's business owner or operator, or the owner of real property upon which a business establishment is located, may submit a Fee Adjustment Form, available from the Department, to show the corrected information and activities. In order to have the fees recalculated by the Department, this form must be submitted with fee payment. (Added by Ord. 26-14, File No. 130401, App. 3/21/2014, Eff. 4/20/2014)