SF Permits MCP Server

{ "metadata": { "title": "Enforcement Process — NOVs, Administrative Hearings, Stop-Work Orders, Penalties, and Emergency Orders", "source": "SF Building Inspection Commission Code (SFBICC), Sections 102A, 103A, 104A.2.4-5, 107A.5", "source_file": "tier4/sf-bicc-fire-codes-full.txt", "source_lines": "27300-27900, 28437-28499, 31454-31483", "date_structured": "2026-02-16", "authority": "SF Department of Building Inspection", "notes": [ "The enforcement pipeline runs: Inspection → NOV → Administrative Hearing → Administrative Order → Appeals/City Attorney", "Emergency orders bypass the hearing process for serious and imminent hazards", "Stop-work orders can halt all work on a project with repeated violations", "Work-without-permit investigation fees can be appealed but never reduced below 2x the permit fee", "Civil penalties: $200-$1,000 per day per violation per unit" ] }, "inspections": { "section": "102A.3", "source_line": 27305, "triggers": [ "Building Official determines inspection is necessary or desirable", "Any person or agency submits a complaint establishing reasonable cause that the building is unsafe" ] }, "unauthorized_dwelling_units": { "section": "102A.3.1", "source_line": 27314, "description": "For unauthorized dwelling units constructed without permits, the NOV shall order the owner to file for legalization under Section 106A.3.1.3 and Planning Code Section 207.3.", "exceptions": [ "Removal approved by Planning Commission per Planning Code Section 317", "Department has determined the unit cannot be legalized under 106A.3.1.3", "Building Official has determined a serious and imminent hazard exists" ], "nov_suspension": "NOV is suspended pending a legalization or removal decision. If approved within one year, the NOV and any recorded liens are rescinded.", "extension": "Building Official may extend the one-year period if delay is not the owner's fault." }, "notice_of_violation": { "section": "102A.4", "source_line": 27341, "title": "Notice of Municipal Code Violation (NOV)", "timing": "Within 15 days of observing or determining an unsafe condition", "prohibition": "Building Official shall NOT issue successive NOVs for the same violation as a means of extending filing time or enforcement process.", "contents": [ "Each violation observed or established", "Violations rendering the building unsafe", "Deadline for abatement", "Date for reinspection", "Penalties, fees, and costs per Sections 102A.7(d) and 103A" ], "service": [ "Mailed by first class mail to owner at Assessor-Recorder's address", "Posted conspicuously on the property", "Copy made available to each tenant" ], "public_record": "The NOV is a public record subject to disclosure under Administrative Code Chapter 67." }, "administrative_hearing": { "section": "102A.5-102A.6", "source_line": 27362, "title": "Notice of Administrative Hearing", "trigger": "Building Official determines violations not corrected by NOV deadline", "scheduling": "Within 60 days of the deadline, unless owner demonstrates substantial progress", "hearing_notice_contents": [ "Date, hour, and place of hearing", "Conspicuous warning of penalties, fees, and costs", "Copy of the NOV", "Notice that interested parties may appear to show cause" ], "service_method": "Certified mail to owner + certified mail to person in charge, mortgage holders, lien holders, lease holders, and other interest holders", "continuance": "One continuance may be granted for good cause, not to exceed 30 days", "hearing_officer": "The Building Official conducts or designates a Hearing Officer. The Hearing Officer must NOT be the same individual who signed the NOV." }, "administrative_order": { "section": "102A.7", "source_line": 27420, "title": "Administrative Order", "timing": "Within 30 days following the conclusion of the hearing", "contents": [ "Conditions rendering the building unsafe (in reasonable detail)", "Work required to be done", "Copy of the NOV" ], "actions_may_direct": ["Repair", "Alter", "Vacate", "Demolish"], "compliance_deadline_days": 180, "extension": "One extension for good cause, limited to minimum time necessary, not to exceed 90 days", "costs": { "department_costs": "All preparation, hearing, and administrative costs assessed monthly at Table 1A-D and 1A-K rates", "attorneys_fees": "Department entitled to attorney fees and expert witness fees", "lien_enforcement": "Failure to pay results in tax lien proceedings against the property" }, "recording": "Administrative Order recorded in the Assessor-Recorder's Office. Rescission recorded when work is completed.", "appeal": "To the Abatement Appeals Board per Section 105A.2, filed within 15 days after the Order is posted and served." }, "violation_penalties": { "section": "103A", "source_line": 27851, "civil_penalties": { "range_per_day": "$200 to $1,000", "per_violation_per_unit": true, "description": "Each real property address, each unit within a multi-unit property, and each separate violation is a distinct violation for calculation.", "factors_considered": [ "Nature and seriousness of the misconduct", "Number of violations", "Persistence of the misconduct", "Length of time over which misconduct occurred", "Willfulness", "Whether the violation displaced tenants", "Whether the violation is reversible", "Financial gain from the misconduct", "Defendant's assets, liabilities, and net worth" ] }, "criminal_penalties": { "fine": "Up to $1,000", "imprisonment": "Up to six months", "separate_offense": "Each day of continuing violation is a separate offense" }, "unlawful_demolition_penalty": { "section": "103A.3.4", "amount": 10000, "applies_to": "Any agent, contractor, or other person causing demolition without a permit" } }, "stop_work_orders": { "section": "104A.2.4", "source_line": 28437, "standard_stop": { "trigger": "Any work being done contrary to code provisions or pertinent laws", "method": "Written notice served on persons engaged in or causing the work", "effect": "All work must stop immediately until authorized by the Building Official to proceed" }, "full_project_stop": { "trigger": "Project has a history of repeated violations", "effect": "ALL work on the project stopped until all code violations are fully investigated and resolved", "requestors": "Director of DBI, Director of Public Works, or Director of Planning may request the stop" } }, "occupancy_violations": { "section": "104A.2.5", "source_line": 28453, "description": "When a building is being used contrary to code provisions, the Building Official may order the use discontinued and the building vacated. The person must discontinue the use within the time prescribed." }, "investigation_fees_work_without_permit": { "section": "107A.5", "source_line": 31454, "description": "When work requiring a permit has been started without one, a special investigation is required before a permit may be issued.", "fee_table": "Table 1A-K — Penalties, Hearings, Code Enforcement Assessments", "partial_work": "If only a portion of work was done without a permit, the fee is based on the portion done without a permit.", "appeal_options": { "initial": "Owner/agent may appeal fee amount for just cause (unfamiliarity with code, employee negligence)", "building_official_reduction": "May reduce to 2x the permit fee (Table 1A-A) for work predating current ownership, with documentation", "board_of_appeals": "If Building Official rules against applicant, appeal to Board of Appeals. Board may reduce but never below 2x the permit fee." } }, "city_performs_work": { "section": "102A.14", "source_line": 27538, "title": "Failure to Comply with Order", "trigger": "Order not complied with within the time set by the Building Official or the Abatement Appeals Board", "city_powers": [ "Vacate, barricade, or secure the building against use/occupancy", "Dismantle or demolish the building and clear the site", "Repair or alter the building to render it safe and compliant" ], "forfeiture_of_right": { "section": "102A.15", "process": "Building Official provides 10 days notice of intent to do work. After that date, the owner forfeits all right to do the work.", "cost_assessment": "All costs assessed against the property per Section 102A.17" } }, "emergency_orders": { "section": "102A.16", "source_line": 27570, "title": "Serious and Imminent Hazards — Emergency Orders", "trigger": "Condition constituting an imminent and substantial hazard to life, health, safety, or to the building itself, requiring prompt action", "bypass_hearing": true, "may_order": [ "Vacate and keep vacant until written permission to reoccupy", "Barricade, board up, or secure against entry/occupancy/use", "Demolish or repair/alter/correct serious and imminent hazard conditions" ], "compliance_deadline_hours": 48, "city_may_compel_work": "If owner fails to comply within 48 hours of posting and service, the Building Official may cause the work to be done.", "repair_cost_limit": "Repairs/alterations ordered by the Building Official shall not exceed 50% of the assessed value of the building.", "service": "Posted conspicuously on property, served on owner per Section 102A.4, recorded in Assessor-Recorder's Office." }, "fire_life_safety_notice": { "section": "102A.16.1", "source_line": 27618, "title": "Continuing or Recurring Conditions Creating a Fire Hazard", "applies_to": "Residential buildings with 3 or more dwelling units", "trigger": "Two or more NOVs and Administrative Orders for fire safety violations that continue or recur", "may_order": [ "Install new fire sprinkler system", "Improve existing fire sprinkler system to current code", "Install new fire alarm/detection system", "Improve existing fire alarm/detection to current code" ], "hearing_timeline_days": 14, "appeal": "To the Abatement Appeals Board per Section 105A.2, scheduled within 14 days of filing" }, "expanded_compliance_control": { "section": "103A.6", "source_line": 28235, "title": "Expanded Compliance Control and Permit Review", "trigger": "Three or more reported violations within 18 months, or egregious single violations", "tracking_violations": [ "Misrepresentation of existing conditions or project scope", "Structural work or demolition without or beyond scope of permit", "Work by unlicensed party", "Other substantial non-compliance", "Criminal conviction involving fraud, willful misrepresentation, or bribery", "Planning Department reports significant misrepresentation" ], "duration_years": 5, "extension": "Subsequent violations extend the period by 5 years from date of new violation", "measures": [ "Referral to licensing boards and regulatory agencies", "All applications undergo senior staff and multi-station review", "Site inspections by DBI and Planning before permit issuance", "Licensed contractor must be named on permit before issuance", "Dedicated Senior Inspector assigned", "Consultation with City Attorney for additional enforcement", "Possible referral to District Attorney" ] } }