San Francisco County Municipal Code Art. 14 Underground Pipes, Wires and Conduits

Sec. 670. Privilege Granted For Laying Pipes. Sec. 671. Privileges Subject to All Rules of Department. Sec. 674. Street Lighting—Bids Required. Sec. 675. Privilege Limited to Underground Work. Sec. 676. No Value Attached to Privilege. Sec. 677. Privilege Not Transferable. Sec. 678. Right of Amendment or Repeal—Protection of Rights. Sec. 679. Consent Required of Privilege Holders. Sec. 680. Failure to Comply With Terms-Forfeiture.

The privilege is hereby granted to any person, firm or corporation, organized under the laws of the State of California, to lay down, maintain and operate in the public streets and thoroughfares of the City and County of San Francisco, pipes, wires and conduits, and connections therewith, so far as may be necessary for introducing into and supplying said city and its inhabitants with gas and electricity for lighting, heating and power purposes, upon the terms and conditions set forth in Section 671 to 680, inclusive, of this Article.

The privileges hereby granted are subject to the provisions of all ordinances of the Board of Supervisors of said City and County and all regulations of the Department of Public Works relating to the opening of streets, and the grantees hereunder in accepting said privileges expressly consent to regulation by such ordinances and rules now in effect or which may hereafter be adopted.

Whenever the Board of Supervisors shall advertise for bids for street lighting or for other service to the municipal government within the purview of this Article, all persons, firms or corporations exercising privileges granted hereunder within 300 feet of the location for which such service is sought shall submit bids for furnishing such service.

The privileges herein conferred are limited to the laying of underground pipes, wires, conduits and service connections, and nothing herein contained shall be construed as conferring upon the grantee the right to erect poles or wires or in any way maintain overhead construction. All pipes or conduits shall be laid in accordance with the rules and regulations of the Department of Public Works now in effect or which may hereafter be adopted.

In the event that the City and County of San Francisco shall elect at any time to take over and operate as a public utility the business of supplying gas or electricity for heating, lighting, power and other purposes to its inhabitants, and should acquire by condemnation proceedings, or otherwise, the plant and distributing system of any grantee hereunder, no value whatever shall be attached, in said proceedings, to the rights and privileges conferred by this Article, nor shall any value be attached thereto at any time for rate fixing purposes.

The rights and privileges granted by this Article shall not be transferred except by and with the consent of the Board of Supervisors.

The Board of Supervisors expressly reserves the right to amend or repeal this Article, provided that rights which may have vested hereunder prior to said repeal or amendment through the actual installation of pipes, wires and conduits shall not be affected by such repeal or amendment. Provided, further, however, that the Board of Supervisors may, by general ordinance, compel the removal of all pipes and conduits used for any of the purposes herein set forth, from the roadways of the streets, and their replacement beneath sidewalk areas.

Any person, firm or corporation electing to exercise the privileges herein granted, shall, prior to said exercise, file with the Clerk of the Board of Supervisors a written notification that they have accepted the terms of this Article and elect to proceed hereunder.

(Added by Ord. 312-88, App. 7/8/88; Repealed by Ord. 287-08, File No. 081340, App. 12/5/2008)

SURFACES WITH SAME KIND OF MATERIALS, ETC. Any person, firm or corporation who removes or repairs, or causes or permits to be removed or repaired any existing sidewalk surface,

or any portion thereof, for any purpose whatever, shall replace or repair or cause to be replaced or repaired the sidewalk surface so removed or repaired, with the same kind of materials, design and texture, and with equivalent workmanship, to match the existing sidewalk surface, unless an exception therefrom is ordered or approved by the Director of Public Works. (Amended by Ord. 319-73, App. 8/10/73)

When any portion of a sidewalk is not in good repair and condition and the Director of Public Works has knowledge thereof, it shall be his duty to notify the owner of the property immediately adjacent thereto, to repair the same. Such notice shall be written and may be given by delivery personally or by mailing of 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 on a card of not less than eight inches by ten inches in size, to be posted in a conspicuous place on said property.

Such notice shall direct the owner to repair such sidewalk, shall specify what work is required to be done, how the same is to be done, and what materials shall be used in such repair, and shall further specify that, if such repair is not commenced within 30 days after notice is given as aforesaid and prosecuted to completion diligently and without interruption, the Director of Public Works shall cause such repair to be made and the cost of the same shall be a lien on such property. (Amended by Ord. 73-70, App. 3/19/70)

If said repair is not commenced and prosecuted to completion with due diligence, as required by said notice, the Director of Public Works shall repair said sidewalk. The cost of such repair shall be an obligation to the City and County owing by the owner of the adjacent property, and the City and County shall have a lien of the adjacent property in all respects as though notice had been given. Both such obligation and lien shall be subject to the provisions of Sections 706.4, 706.5, 706.6, 706.7 and 706.8 of this Article. (Amended by Ord. 342-98, App. 11/13/98)

If the cost of repair so specified as to sidewalk area next adjacent to any lot is not paid to the Director of Public Works within 90 days after the mailing of notice thereof, the Director shall file in the office of the Recorder of the City and County a verified claim containing a particular description of the property subject to such lien, the place and general nature of sidewalk repair for which lien is claimed, the dates of mailing or delivery of notice to repair and of cost of repair, the name of the owner of the property as aforesaid and the amount of the lien claimed, which shall include the cost of verification and filing thereof.

The Director of Public Works shall also transmit to the Bureau of Delinquent Revenue, on the expiration of such 90-day period, a statement of each such unpaid cost of repair, together with the cost of verification and filing of claim therefor. 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.

On payment of any such claim of lien, the Director of Public Works shall give a release thereof on demand and payment of the verification thereof.

A fund shall be provided to cover initially the cost of making sidewalk repairs as provided in Section 706.3 hereof, making repairs in unaccepted public right-of-way as provided in Article 9, Section 400, and of verification and recording of liens therefor, said fund to be a revolving fund and replenished by appropriation and by all moneys paid or collected for sidewalk repairs and repairs in unaccepted public right-of-way and liens therefor as herein provided. (Amended by Ord. 342-98, App. 11/13/98)

As an alternative to the lien procedure described in Sections 706.4 through 706.8 et seq. of this Article, the Director of Public Works may initiate special assessment lien proceedings in accordance with Administrative Code Chapter 80, Section 80.8(d), whereby the City's expense of repairing, constructing or replacing a sidewalk, driveway, curb or gutter, as confirmed by the Board of Supervisors, shall constitute a special assessment against the parcel or parcels of land fronting such sidewalk, driveway, curb or gutter. (Added by Ord. 338-73, App. 8/23/73; amended by Ord. 12-07, File No. 061606, App. 2/2/2007; Ord. 77-11, File No. 110281, App. 5/12/2011, Eff. 6/11/2011) Editor's Note: Formerly Sec. 707.1; amended and renumbered by Ord. 77-11, Eff. 6/11/2011.

(Added by Ord. 338-73, App. 8/23/73; amended by Ord. 12-07, File No. 061606, App. 2/2/2007; amended and renumbered as Sec. 706.9 by Ord. 77-11, File No. 110281, App. 5/12/2011, Eff. 6/11/2011)

Before constructing, repairing, or replacing the sidewalk in front of a lot or lots adjacent to a public street, avenue, alley, lane, court, or place, the owner of said lot or lots shall obtain a permit therefor from the Department of Public Works as provided in Section 708.1, except for that work covered by Section 707 of this Code, or unless the Director of Public Works decides that no permit is needed. (Added by Ord. 38-66, App. 2/24/66)

It shall be unlawful for any person, firm, or corporation to construct, repair, or replace any sidewalk within the City and County of San Francisco, without first obtaining a permit therefor from the Department of Public Works unless the Director of Public Works decides that no permit is needed, or the work is covered by Section 707 of this Code. (Added by Ord. 38-66, App. 2/24/66)

Every applicant for such a permit shall pay the said Department, as an inspection fee, a sum of $15 for every 100 square feet or fraction thereof, of sidewalk construction, repair or replacement. No fees shall be required for a permit to repair or replace 10 square feet or less of sidewalk.

(Amended by Ord. 391-81, App. 7/3/81; Ord. 401-87, App. 9/26/87; Ord. 255-92, App. 8/7/92)

The Department of Public Works is hereby directed to cause an inspection to be made of all cases where excavations are made in the public streets or other work done thereon, and to see that all sockets used for posts or poles in connection with parades or street displays have been properly replaced after removal in the making of such excavations or doing such work. In case such sockets have not been replaced to the satisfaction of said Department of Public Works, said Department shall cause such sockets to be put in, and any cost thereof shall be deducted from any deposit made to cover damage to such street by reason of such excavation or street work.

That certain plan for the construction of automobile runways extending from the roadways of the improved public streets in the City and County of San Francisco to and upon a portion of the sidewalk area adjacent to the curb line of the roadway of any such streets prepared by the Bureau of Engineering of the Department of Public Works and on file under File No. 14733 in the office of the Clerk of the Board of Supervisors and entitled and designated as "Plan for Construction of Automobile Runway, File L-6964.1" is hereby approved and adopted as the plan in conformity with which any automobile runway extending from the roadway of an improved public street in said City and County to and upon a portion of a sidewalk area adjacent to the curb line of the roadway of such street is required hereafter to be constructed and maintained; provided, however, that when special conditions exist and this plan is not the most feasible the Director of Public Works is authorized to allow deviations, and any such automobile runway hereafter constructed and maintained in any manner not strictly conforming to the design and measurements indicated on such approved and adopted plan, unless modified as

herein provided by the Director of Public Works, shall be unlawful.

The permit referred to in Section 716 of this Article, and required to be first obtained, shall be granted only to the owner of the real property in front of which any such automobile runway as provided for in this Article is to be constructed and maintained, upon the application of such owner or the authorized agent thereof, and such owner, or the successor of such owner in or the ownership of such property, shall be obligated, in case such automobile runway be discontinued in the use thereof, or abandoned as to such use, to restore to its former or original condition the portion of the street altered or changed in consequence of the construction of such automobile runway.

Such automobile runways from the roadways of improved public streets in the City and County of San Francisco to and upon portions of the sidewalk areas adjacent to the curb lines of the roadways of such streets, as have heretofore been constructed under sanction and to the satisfaction of the Department of Public Works and are now being maintained as so constructed, and such other automobile runways as have already been constructed and which, as to method of construction, are within the restrictions denoted on the approved and adopted plan referred to in Section 715 of this Article, are hereby permitted to be so maintained, subject however to the obligation imposed by the provisions of Section 717 of this Article.

Whenever street work is performed by the City on accepted streets, and such work alters the street surface elevation fronting on an existing runway which has been constructed and is being maintained in accordance with the provisions of this Article, such portion of said existing runway which requires reconstruction to conform to the altered street surface elevation shall be included in the work and the cost thereof shall be borne by the City, provided that no runway work shall extend further than four feet from the curb line.

Whenever street work is performed by the City on accepted streets and such street work necessitates the alteration, adjustment, relocation, and/or reconstruction of any existing side sewer, side sewer trap, and/or house sewer outside the building line which has been constructed and is being maintained in accordance with the provisions of the San Francisco Municipal Code, Part II, Chapter VII (Plumbing and Gas Appliance Code), Article 1, such alteration, adjustment, relocation and/or reconstruction shall be included in the work and the cost thereof shall be borne by the City. (Added by Ord. 205-65, App. 7/29/65)

The permittee shall be required to repair all defects in, and to keep in repair, that part of the public right-of-way and associated public infrastructure, including, but not limited to streets, signs and parking meters, for which said permit is issued, which may be or become a hazard to any member of the public lawfully using the same during the time for which said permit shall be issued or upon termination or expiration of said permit. The permittee assumes this responsibility regardless of the cause of said defects and whether said defects develop while said permit is in effect. It shall be presumed that all defects were caused by the permittee unless the permittee can

demonstrate otherwise to the satisfaction of the Director. (Amended by Ord. 31-85, App. 1/17/85; Ord. 447-87, App. 11/12/87; Ord. 180-02, File No. 021067, App. 8/29/2002)

The Central Permit Bureau shall not issue a Certificate of Final or Temporary Completion and Occupancy for any project for which temporary street occupancy applications, permit fees or penalty fees are outstanding, or for which any required pavement or sidewalk restoration has not been satisfactorily completed. In addition, a person who is in wilful noncompliance with this Section shall not apply for nor be issued a new street space occupancy permit unless the Director, by written authorization, grants a waiver to this prohibition. Wilful noncompliance shall include, without limitation, deliberate acts that result in failure to: (a) satisfy any requirements, terms, or conditions of this Section, or the orders, policies, regulations, rules, or standard plans and specifications of the Department or (b) pay any outstanding assessments, fees, penalties set forth in this Section that have been finally determined by the City or a court of competent jurisdiction. (Added by Ord. 31-85, App. 1/17/85; amended by Ord. 180-02, File No. 021067, App. 8/29/2002)

An additional public right-of-way assessment cost shall be paid upon the issuance of such additional temporary street occupancy permit. The assessment cost shall be as follows: (a) for a building in Planning Code height district of 80 feet or less, the cost shall be $4 per additional square foot of occupation per month and (b) for a building in Planning Code height district of greater than 80 feet, the cost shall be $10 per additional square foot of occupation per month. For purposes of calculating the assessment costs, the Department shall use one-month increments even though the permittee may occupy for less than a one-month term. For the purpose of calculating the assessment cost, requests for extensions of permits shall be treated as new applications. (Added by Ord. 31-85, App. 1/17/85; amended by Ord. 180-02, File No. 021067, App. 8/29/2002)

A debris box for purposes of this Section 725 et seq. is any portable non-vehicular container offered by its owner for use as a means of disposal of waste materials by being placed for loading in, and by being transported through the streets of San Francisco and includes without limitation a “C&D Debris Box” as defined in Chapter 14 of the Environment Code, as amended from time to time. (Added by Ord. 174-67, App. 7/14/67; amended by Ord. 144-21, File No. 201151, App. 9/24/2021, Eff. 10/25/2021, Oper. 1/1/2022)

Debris boxes shall be used only for the following purposes: (a) The loading and transporting of excavated and waste materials derived from the construction, reconstruction, alteration, or demolition of real property structures, in accordance with Chapter 14 of the Environment Code and other laws as may be applicable; (b) The removal of debris and waste materials not required by law to be otherwise disposed of by owners, lessees, or occupants of real property. (Added by Ord. 174-67, App. 7/14/67; amended by Ord. 144-21, File No. 201151, App. 9/24/2021, Eff. 10/25/2021, Oper. 1/1/2022)

No person, firm, or corporation owning or operating a debris box or debris boxes shall place such box or boxes, or cause or allow the same, in any street areas of San Francisco without first obtaining all necessary authorizations and permits, which may include, without limitation, a permit under Environment Code Chapter 14 for use in connection with C&D Debris, and/or a street occupancy or building permit. (Amended by Ord. 72-87, App. 3/20/87; Ord. 144-21, File No. 201151, App. 9/24/2021, Eff. 10/25/2021, Oper. 1/1/2022)

The Director of Public Works is authorized to order the immediate removal of a debris box from the public right of way when, in the Director’s opinion, the debris box constitutes a safety hazard or public nuisance, or when the presence of an emergency requires removal of the debris box. After notification by the Director of the removal order the debris box shall be removed immediately from the street area by its owner or operator. If the owner or operator does not remove the debris box from the public right of way immediately, the Director may order the Department of Public Works to remove the debris box. The owner or operator shall pay to the City the costs of removal. No debris box shall be placed at that location until the conditions which have caused the removal order shall have been abated to the satisfaction of said Director. (Amended by Ord. 72-87, App. 3/20/87; Ord. 255-92, App. 8/7/92; Ord. 144-21, File No. 201151, App. 9/24/2021, Eff. 10/25/2021, Oper. 1/1/2022)

(Amended by Ord. 72-87, App. 3/20/87; repealed by Ord. 144-21, File No. 201151, App. 9/24/2021, Eff. 10/25/2021, Oper. 1/1/2022)

(a) If placed in the public right of way, a debris box shall be placed in the roadway area of the street parallel to the curb with its outer edge no more than eight feet from the face of the curb. Its placement shall be further subjected to all laws relating to the prohibition of parking unless specifically exempted from compliance therewith by written approval of the Director of Public Works. Further, no debris box shall be placed in the sidewalk area without permission of said Director. (b) No debris box placed in a residential area shall be delivered or removed for transport through the streets of San Francisco between the hours of 7:00 p.m. and 6:00 a.m. (Amended by Ord. 72-87, App. 3/20/87; Ord. 281-91, App. 7/3/91; Ord. 144-21, File No. 201151, App. 9/24/2021, Eff. 10/25/2021, Oper. 1/1/2022)

There shall be installed, on the exterior of the ends of each debris box placed in the public right of way, four reflective-type warning devices, each having a red reflecting area of at least three inches in diameter. The devices shall be so placed that one device shall be located near each edge that abuts the side of the box and that they shall be no less than 24 inches or more than 45 inches from ground level. Further, both ends of each box shall be painted entirely in four-inch wide alternate color diagonal stripings, the colors for which shall be as approved by the Director of Public Works. (Added by Ord. 174-67, App. 7/14/67; amended by Ord. 144-21, File No. 201151, App. 9/24/2021, Eff. 10/25/2021, Oper. 1/1/2022)

The owner’s name, address, and telephone number shall be clearly imprinted on both sides of each box placed in the public right of way in a manner approved by the Director of Public Works, along with any permit information as required by applicable laws. Imprinting other than such identification of the owner and permit information, and posting of advertisements are prohibited. (Amended by Ord. 72-87, App. 3/20/87; Ord. 144-21, File No. 201151, App. 9/24/2021, Eff. 10/25/2021, Oper. 1/1/2022)

All contents of a debris box shall be completely covered at all times while being transported through San Francisco streets. (Added by Ord. 174-67, App. 7/14/67; amended by Ord. 144-21, File No. 201151, App. 9/24/2021, Eff. 10/25/2021, Oper. 1/1/2022)

(a) A violation of any of the requirements in Sections 725 through 725.8 shall constitute: (1) An infraction punishable by a fine of $100, or (2) A misdemeanor, and any person, firm, or corporation upon conviction of such violation shall be punished by a fine of not more than $500 or by imprisonment in the County Jail for a period of not more than five days, or by both such fine and imprisonment. (b) Remedies under this Section 725.9 are in addition to and do not supersede or limit any and all other remedies, whether they be administrative, civil, or criminal. (Amended by Ord. 72-87, App. 3/20/87; Ord. 144-21, File No. 201151, App. 9/24/2021, Eff. 10/25/2021, Oper. 1/1/2022)

(a) The Director is hereby authorized to remove, or cause to be removed, any debris box placed in a street or sidewalk area in violation of the requirements of Sections 725-725.9 of this Article. Removal shall take place no earlier than 48 hours after notice is given describing the violation(s). The notice shall be both mailed to the debris box owner and placed in a conspicuous manner on the debris box, and shall contain the following: (1) The condition(s) violated, (2) The date and time of posting, (3) The location of the debris box, (4) The identify of the person giving the notice, (5) A statement giving notice of 48 hours to remedy the violation(s). (b) Debris boxes which have been removed may be recovered upon payment of a sum equal to the cost of removing said boxes including a 20 percent charge for administrative costs as determined by the Department of Public Works, and any costs incurred by the Department of Public Works in disposing of any materials contained in the debris boxes. Costs incurred as a result of removal under this Section are in addition to any fines or penalties incurred under Section 725.9. (Added by Ord. 72-87, App. 3/20/87)

The Director is hereby authorized to promulgate rules and regulations for compliance with Sections 725-725.10. (Added by Ord. 72-87, App. 3/20/87)

If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of Sections 725-725.10 of this Article or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of Sections 725-725.10 of this Article or any part thereof. The Board of Supervisors hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. (Added by Ord. 72-87, App. 3/20/87)

(a) An individual location permit sign shall be posted on the street-facing side of each storage container. The sign shall include the name of the annual permit holder, a 24-hour local contact person and telephone number for such permittee, the name and address of the property owner or tenant who is renting the storage container, the duration of the permit with the start and stop date, a geographic description of the public right-of-way occupied under the permit, the annual and individual location permit numbers, and the Department's street space hotline telephone number. All information contained on the sign shall be legible. An additional sign shall be posted on the storage container's side that faces the fronting property. This informational sign shall include a 24-hour local contact person and telephone number for the permittee and the Department's street space hotline telephone number. The Department shall provide sign templates for each annual permit holder. It shall be the responsibility of the annual permittee to insert the required information, mount the sign, keep the sign posted during the entire term of the permit, and ensure proper maintenance of the sign. (Added by Ord. 170-03, File No. 021726, App. 7/3/2003)

(a) Each annual permit applicant shall submit and maintain with the Department a bond, cash deposit, or other security acceptable to the Department securing the faithful performance of the obligations of the annual permittee under any permit(s) for mobile storage containers and the compliance with all terms and conditions of this Section (the "deposit"). The deposit shall be in the sum of $30,000 in favor of the "Department of Public Works, City and County of San Francisco." (b) An annual permittee may request the Department to deduct the individual location permit fees from a single deposit. After approving such request, the Department will automatically deduct said permit fees so long as a constant balance of $25,000 is maintained on file with the Department. If the permittee elects to renew his or her annual permit and the permittee's deposit exceeds $30,000, the Department shall refund the excess to the permittee unless the permittee requests that the excess be applied to a new annual permit or

other charges pursuant to Sections 726 et seq. If the permittee elects to terminate his or her permit at any time during the annual permit term or if the permittee fails to renew his or her annual permit, the Department shall refund the deposit less any outstanding obligation owed to the Department pursuant to Sections 726 et seq. (Added by Ord. 170-03, File No. 021726, App. 7/3/2003)

The Director may adopt such orders, policies, regulations, rules, or standard plans and specifications as he or she deems necessary in order to preserve and maintain the public health, safety, welfare, and convenience. Such orders, policies, regulations, or rules may include, but are not limited to, permit application materials, placement of and information contained on signs, site conditions, accessibility of sidewalks and streets. When such orders, policies, regulations, or rules will affect the operations and enforcement of the Department of Parking and Traffic, the Director of the Department of Public Works shall consult with and provide an opportunity to comment to the Director of the Department of Parking and Traffic prior to adoption of such orders, policies, regulations, or rules. (Added by Ord. 170-03, File No. 021726, App. 7/3/2003)

In adopting this Ordinance, the Board of Supervisors does not intend to regulate or affect the rights or authority of the Federal or State government to do those things that are required, directed, or expressly authorized by Federal or State law or administrative regulation. Further, in adopting this Ordinance, the Board of Supervisors does not intend to prohibit that which is prohibited by Federal or State law or administrative regulation. In the event that a court or agency of competent jurisdiction holds that Federal or State law, rule or regulation invalidates any clause, sentence, paragraph, or section of Sections 726 et seq. or the application thereof to any person or circumstances, it is the intent of the Board of Supervisors that the court or agency sever such clause, sentence, paragraph, or section so that the remainder of Sections 726 et seq. shall remain in effect. (Added by Ord. 170-03, File No. 021726, App. 7/3/2003)

NUISANCE. Sand or dirt drifting or being blown upon the streets or sidewalks or upon the improved private property of any community, neighborhood or a considerable portion thereof, within the City and County, is hereby declared to be a menace to persons, property and/or vehicular traffic and a public nuisance. The Director of Public Works may enforce and abate nuisances under this Section in accordance with the procedures set forth in the Community Preservation and Blight Reduction Act, Chapter 80 of the San Francisco Administrative Code, including, but not limited to, its provisions for notice, abatement, penalties, cost recovery, and debt collection. (Amended by Ord. 77-11, File No. 110281, App. 5/12/2011, Eff. 6/11/2011)

(Repealed by Ord. 77-11, File No. 110281, App. 5/12/2011, Eff. 6/11/2011)

(Repealed by Ord. 77-11, File No. 110281, App. 5/12/2011, Eff. 6/11/2011)

(Repealed by Ord. 77-11, File No. 110281, App. 5/12/2011, Eff. 6/11/2011)

(Repealed by Ord. 77-11, File No. 110281, App. 5/12/2011, Eff. 6/11/2011)

(Repealed by Ord. 77-11, File No. 110281, App. 5/12/2011, Eff. 6/11/2011)

(Repealed by Ord. 77-11, File No. 110281, App. 5/12/2011, Eff. 6/11/2011)

(Repealed by Ord. 77-11, File No. 110281, App. 5/12/2011, Eff. 6/11/2011)

(Added by Ord. 265-04, File No. 041178, App. 11/4/2004; repealed by Ord. 77-11, File No. 110281, App. 5/12/2011, Eff. 6/11/2011)

(Added by Ord. 265-04, File No. 041178, App. 11/4/2004; repealed by Ord. 77-11, File No. 110281, App. 5/12/2011, Eff. 6/11/2011)

(Added by Ord. 265-04, File No. 041178, App. 11/4/2004; repealed by Ord. 77-11, File No. 110281, App. 5/12/2011, Eff. 6/11/2011)

(Added by Ord. 265-04, File No. 041178, App. 11/4/2004; repealed by Ord. 77-11, File No. 110281, App. 5/12/2011, Eff. 6/11/2011)

It shall be unlawful for any person to use any cart, wagon or other vehicle for the purpose of transporting sand, earth or rock along or over any public street, unless such vehicle be so constructed as to prevent the deposit of the contents thereof, in whole or in part, in or upon any public street along or over which such vehicle may be driven.

It shall be unlawful for any person to use any vehicle for any of the aforesaid purposes set forth in Section 759 of this Article, without first obtaining a permit therefor from the Department of Public Works, which permit may be revoked at any time by said Department of Public Works for just and sufficient cause.

It shall be unlawful for any person, firm, association or corporation or agent or employee thereof, to drain or dump or deposit upon any street, avenue, alley, sidewalk, park, or public place, or into any sump, gutter, catchbasin, drain, manhole, conduit, sewer, lake or waterway within the limits of the City and County of San Francisco, any tar, asphaltum, gasoline, lubricating oil, greases, waste oil from automobile, motorcycle or truck crankcases, or any by-product of petroleum.

It shall be unlawful for any person, firm or corporation to explode or cause to be exploded any dynamite, gunpowder or other explosive material for the purpose of breaking up earth, rock, concrete or other material by means of blasting; or drill a hole or make a crevice for the purpose of inserting any explosive material for the purpose of blasting, without first obtaining from the Department of Public Works a permit to do so. (Amended by Ord. 150-61, App. 6/22/61)

Application for a permit for blasting shall be made to the Central Permit Bureau on the form provided by that Bureau. (Amended by Ord. 150-61, App. 6/22/61)

In addition to the applicable requirements of the California Health and Safety Code, the Safety Orders issued by the Division of Industrial Safety, Department of Industrial Relations of California, or any other applicable State or City and County laws or regulations, the following regulations shall be complied with: (a) Blasting operations shall be conducted only during the hours determined by the Department and specified on the permit. (b) The type of explosive material to be used shall be approved by the Department and specified on the permit. (c) Only electric blasting caps shall be used. (d) When directed by the Department a protective mat shall be used to cover the explosive areas. (e) The Department reserves the right to halt any blasting operation when, in the opinion of the Department representative, such operation is not under the supervision of a competent person having the abilities which qualify him to safely perform the work. (Added by Ord. 150-61, App. 6/22/61)

All moneys paid for inspection services to the Department of Public Works under the provisions of Section 778 shall be deposited with the Treasurer to the credit of the appropriation for "Engineering Inspection." (Added by Ord. 150-61, App. 6/22/61)

Every person, firm or corporation owning or having control of any premises fronting on any public street, and below the grade thereof, must, within five days after notice from the Director of Public Works, requiring the owner or person having control of such premises so to do, erect, without cost or expense to the City and County, a suitable barrier or barricade, upon the inner line of the sidewalk in front of such premises.

The content of applications shall be in accordance with the policies, rules and regulations of the Director of Public Works. All applications shall be on forms prescribed therefor and shall contain or be accompanied by all information required to assure the presentation of pertinent facts for proper consideration of the case and for the permanent record. The applicant may be required to file with his application the information needed for the preparation and mailing of notices as specified in Section 786.4. (Added by Ord. 27-75, App. 2/5/75)

The Public Works Director shall forward copies of the application for a street encroachment permit to the Director of Planning, the Director of Property, the Chief of the Police Department, the Chief of the Fire Department, the Transportation Director of the Municipal Transportation Agency, the General Manager of the Public Utilities Commission, the Art Commission, and to the City Engineer. The Public Works Director shall request a report from each of the listed departments concerning the effect of the proposed encroachment in relation to their duties and responsibilities. The completed reports shall be returned to the Public Works Director within 60 days of the receipt of the copies of the application by the listed departments. The departments listed above may request one extension of time not to exceed 30 days from the Public Works Director, which extension of time shall be granted. (Added by Ord. 27-75, App. 2/5/75; amended by Ord. 35-18, File No. 170761, App. 3/8/2018, Eff. 4/8/2018, Oper. 6/1/2017)

Upon receipt of the reports from the departments listed in Section 786.2, regarding an application for a street encroachment permit, the Public Works Director shall set a time and place for a hearing thereon within a reasonable period, not to exceed 90 days from the date Public Works receives the last report. The Public Works Director may extend the public hearing date if any City department listed in Section 786.2, the Department itself, or the applicant requests such extension. The Director shall send written notice of the basis for the extension and a proposed date for the hearing to the City departments listed in Section 786.2 and the applicant.

(Added by Ord. 27-75, App. 2/5/75; amended by Ord. 35-18, File No. 170761, App. 3/8/2018, Eff. 4/8/2018, Oper. 6/1/2017)

The Public Works Director shall give notice of time, place and purpose of the hearing on an application for a street encroachment permit as follows: (a) By mail, not less than 10 days prior to the date of the hearing, to the applicant or other person or agency making the application. (b) By mail, not less than 10 days prior to the date of the hearing, to the owners of all real property within 300 feet of all exterior boundaries of the proposed encroachment, using for this purpose the names and addresses of the owners as shown on the latest city-wide assessment roll in the office of the Assessor-Recorder. Failure to send notice by mail to any such property owner where the address of such owners is not shown on such assessment roll shall not invalidate any proceedings in connection with such application. (c) By posting, not less than 10 days prior to the date of the hearing in a public place near the boundaries of the proposed encroachment. (d) Such other notice as the Public Works Director shall deem appropriate. (Added by Ord. 27-75, App. 2/5/75; amended by Ord. 35-18, File No. 170761, App. 3/8/2018, Eff. 4/8/2018, Oper. 6/1/2017)

(a) Reports and Application Revisions. The Department shall compile the reports of the departments listed in Section 786.2 along with any application revisions, and make this information available at the hearing for the subject street encroachment permit. (b) Record. A record shall be kept of the pertinent information presented at the hearing on a street encroachment permit, and such record shall be maintained as part of the permanent public records of Public Works. (c) Continuances. The Public Works Director shall determine the instances in which cases scheduled for hearing may be continued or taken under advisement. In such cases, new notice need not be given provided the date of any further hearing is announced at the previously scheduled hearing and public notice of the continued hearing is issued. (Added by Ord. 27-75, App. 2/5/75; amended by Ord. 35-18, File No. 170761, App. 3/8/2018, Eff. 4/8/2018, Oper. 6/1/2017)

The Director of Public Works shall forward to the Board of Supervisors a recommendation for approval, disapproval or modification, including applicable conditions, of an application for a revocable permit for an encroachment of a public street or place. The record of the hearing thereon and the list of all parties notified of the hearing shall be attached to the Director's recommendation. Such recommendation and attachments shall be filed with the Clerk of the Board of Supervisors within 30 days after the hearing was closed. (Added by Ord. 27-75, App. 2/5/75)

(Amended by Ord. 432-86, App. 11/7/86; repealed by Ord. 142-25, File No. 250608, App. 8/1/2025, Eff. 9/1/2025)

These Sections 789 through 789.7 shall be known as the Commemorative Street Plaque Ordinance. (Added by Ord. 149-96, App. 4/17/96)

The Board of Supervisors hereby finds and declares that: (a) The City and County of San Francisco has a unique and important history that should be preserved and commemorated for residents and visitors. The contributions of certain sites, events, and people to the history of the City should be recognized. (b) One method of preserving and honoring such historical sites, events, and people shall be commemoration by official designation by the Board of Supervisors. Another method shall be the installation of commemorative plaques, also known as commemorative street plaques, upon public right-of-way and public places following all necessary review and approvals including approval by the Board of Supervisors, the Department of Public Works (the “Department”), and the Arts Commission. (Added by Ord. 149-96, App. 4/17/96; amended by Ord. 224-25, File No. 250894, App. 11/21/2025, Eff. 12/22/2025)

(Added by Ord. 149-96, App. 4/17/96; repealed by Ord. 224-25, File No. 250894, App. 11/21/2025, Eff. 12/22/2025)

The Department shall develop engineering, installation, safety, and siting criteria for the commemorative plaques and may adopt such criteria through departmental orders and/or regulations. The Department shall also develop design requirements and guidelines for the commemorative plaques after consulting with the Arts Commission. (Added by Ord. 149-96, App. 4/17/96; amended by Ord. 252-23, File No. 230768, App. 12/19/2023, Eff. 1/19/2024)

(a) The Department shall be responsible for maintaining the official street map of the City and County of San Francisco. (b) From time to time, the Department shall develop a map listing all sites designated as commemorative sites. (Added by Ord. 149-96, App. 4/17/96)

The Department shall determine the amount of a fee necessary to compensate the City for processing and administering an application for a commemorative plaque. The fee shall be deposited into the Engineering Inspection Fund and pay for the time and materials required to process the application, based upon the estimated actual costs to perform the work, including the costs of the Department of Public Works, the City Attorney and the Board of Supervisors. (Added by Ord. 149-96, App. 4/17/96)

RIGHT-OF-WAY. The Shared Spaces Program is established in Chapter 94A of the Administrative Code. Under the Program, a public or private entity may obtain City approval to create a Shared Space and provide activities, for a limited period of time, on City-owned property and in some cases nearby privately-owned spaces where the public can gather and participate in commercial or non-commercial offerings and events. The space created is a “Shared Space” that is managed by the permittee, defined as a “Permittee.” The Shared Spaces Program is a joint effort by the Planning Department, Public Works, the Municipal Transportation Agency, the Real Estate Division, and the Entertainment Commission (defined in Section 94A.2 of the Administrative Code as the “Core City Agencies”) to coordinate their review and approval of a Shared Space and streamline the permit process. The Program responsibilities of the Core City Agencies in the coordination process are set forth in Section 94A.4 of the Administrative Code. (Added by Ord. 224-16, File No. 160893, App. 11/22/2016, Eff. 12/22/2016; amended by Ord. 99-21, File No. 210284, App. 7/28/2021, Eff. 8/28/2021)

(a) Purpose and Scope. The general procedure by which the Core City Agencies participating in the Shared Spaces Program coordinate their evaluation and review of an application for a Shared Space Permit, and approve and issue a Shared Space Permit is set forth in Section 94A.5 of the Administrative Code. Sections 793.2 through 793.6 of this Code establish the procedure for Public Works’ review and approval of a Shared Space in the public right-of-way. This procedure shall apply to any prospective “Curbside Shared Space,” and “Sidewalk Shared Space” in the Shared Spaces Program. (b) Definitions. The terms defined in Section 94A.2 of the Administrative Code shall have the same meaning for purposes of Sections 793 et seq. of this Code, including, Longer-Term Closure; Shared Space; Shared Space Categories, and the definitions of those categories: City Lot Shared Space, Curbside Shared Space, Roadway Shared Space, and Sidewalk Shared Space; Shared Space Permit; Permittee; and Temporary Closure. (Added by Ord. 224-16, File No. 160893, App. 11/22/2016, Eff. 12/22/2016; amended by Ord. 99-21, File No. 210284, App. 7/28/2021, Eff. 8/28/2021)

(Added by Ord. 224-16, File No. 160893, App. 11/22/2016, Eff. 12/22/2016; renumbered as Sec. 793.5 by Ord. 99-21, File No. 210284, App. 7/28/2021, Eff. 8/28/2021)

New Ordinance Notice Publisher's Note: This section has been AMENDED by new legislation (Ord. 99-21 , approved 7/28/2021, effective 8/28/2021). The text of the amendment will be incorporated under the new section number when the amending legislation is effective. The Steward shall make its financial records related to the use of the People Place available to the Director of Public Works for inspection upon written request of the Director. (Added by Ord. 224-16, File No. 160893, App. 11/22/2016, Eff. 12/22/2016)