The ordinance creates a temporary amnesty program for properties with violations, allowing them to be recognized as noncomplying structures while waiving associated fees and penalties. It also streamlines the application process for these properties and requires certification of their existing conditions.
Ordinance amending the Planning Code to: create a time-limited amnesty program for properties listed on the Department of Building Inspection’s Internal Quality Control Audit and subject to a Notice of Violation; consider those properties as noncomplying structures and nonconforming uses following certification; and waive fees and penalties associated with the Planning Department’s review of requests for amnesty, and refund any fees and penalties already paid by amnesty projects; amending the Building Code to: require certification of existing conditions for amnesty projects; prohibit expansion or intensification of non-complying amnesty structures; create a streamlined process for reviewing amnesty project applications; and waive fees associated with amnesty projects, and refund any fees and penalties already paid by amnesty projects; affirming the Planning Department’s determination under the California Environmental Quality Act; making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and making findings of necessity and convenience under Planning Code, Section 302.
How it got here
The legislation originated from the need to address issues arising from an Internal Quality Control Audit conducted by the Department of Building Inspection, which revealed numerous properties with violations linked to past misconduct by city officials.
The Department of Building Inspection initiated an Internal Quality Control Audit to review properties associated with former officials involved in fraudulent activities.
The audit was completed, identifying 5,445 properties, with 100 receiving Notices of Violation due to various code violations.
Supervisor Mandelman introduced an ordinance to create a time-limited amnesty program for properties identified in the audit, aimed at waiving penalties and fees for property owners.
The ordinance was referred to the Department of Building Inspection and the Planning Department for review and recommendations.
The Building Inspection Commission held a public hearing and unanimously recommended approval of the ordinance.
The Planning Commission conducted a public hearing and adopted a recommendation for approval of the ordinance, excluding certain individuals from the amnesty program.
The Board of Supervisors passed the ordinance on its second reading, establishing the amnesty program for affected property owners.
Reconstructed from attached documents & the official record