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San Francisco Commission proposes stricter penalties for planning and building code violations

October 19, 2022 | San Francisco City, San Francisco County, California


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San Francisco Commission proposes stricter penalties for planning and building code violations
In a recent San Francisco government meeting, officials discussed significant amendments to the city's planning and building codes aimed at increasing penalties for code violations. The proposed legislation seeks to impose stricter financial consequences on developers and property owners who violate regulations, particularly those who add unpermitted units or demolish buildings without proper authorization.

The key change involves raising the maximum daily fines for violations from $250 to $1,000. This adjustment is designed to deter "bad actors" in the construction industry by making it financially burdensome to ignore building codes. Additionally, the ordinance clarifies that violations affecting multiple units within a single address will be treated as separate offenses, allowing for more substantial penalties. For instance, a developer who illegally adds 20 units could face fines of up to $20,000 per day, a stark contrast to the previous structure where only one violation was counted.

Santiago Lerma, a legislative aide to Supervisor Hillary Ronan, emphasized that the goal of the ordinance is to create a significant disincentive for violations while remaining compliant with state laws regarding penalties. The legislation also introduces penalties for unpermitted demolitions, with fines reaching up to $250,000 for unauthorized demolitions and $500,000 for demolishing historic buildings.

During the meeting, concerns were raised about the discretionary nature of the penalties and how they would be applied. Officials clarified that while the ordinance sets higher fines, the Department of Building Inspection (DBI) retains the authority to assess penalties based on the circumstances of each case. This includes considering whether a property owner is making a genuine effort to comply with regulations or if they are ignoring their obligations.

The discussion highlighted a specific case on San Bruno Avenue, where a developer added multiple unpermitted units. The new legislation aims to ensure that such violations are met with appropriate financial repercussions, thereby discouraging similar actions in the future.

In conclusion, the proposed amendments to San Francisco's planning and building codes represent a significant shift in how the city addresses code violations. By increasing penalties and clarifying the treatment of multiple violations, city officials hope to enhance compliance and protect the integrity of the city's housing regulations. The next steps will involve further discussions and potential adjustments to ensure the ordinance effectively addresses the concerns raised during the meeting.

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