Building Inspection Commission backs tighter vacant‑storefront rules with payment carve‑out for self‑reporting owners

The Building Inspection Commission voted Jan. 16 to recommend approval of a proposed ordinance that would tighten San Francisco’s vacant storefront registry by removing an exemption that let owners avoid registration if a space was merely offered for lease, require registration within 30 days of vacancy and payment of a $711 registration fee at the time of registration, and mandate annual inspections at the owner’s expense.

The measure, introduced to the commission by Ian Fragosi, legislative aide to Supervisor Sandra Lee Feuer, also would add a provision allowing licensed third‑party professionals to perform the annual inspections and require owners to provide inspection reports. Fragosi said the changes are aimed at producing a more accurate, enforceable inventory of long‑term vacancies so DBI can target cases that present safety hazards or chronic blight. “Our intention is to improve the reporting and tracking of vacant storefronts,” Fragosi said, summarizing the ordinance’s goals.

Why it matters: DBI and the Office of Small Business told commissioners that existing language allowed long‑term vacancies to escape the registry if a storefront displayed a for‑lease sign. Citing postal and neighborhood counts indicating thousands of vacant addresses citywide, proponents said the changes will help direct limited enforcement resources to serial noncompliant owners and allow the city to connect vacant properties with tenant‑finding or reuse programs.

Key provisions and limits: The ordinance would - remove section 103A.5.13 (the ‘for‑lease’ exemption); - require registration when a storefront is vacant for 30 days and payment of a $711 annual registration fee at registration (the draft removes the existing 270‑day grace to pay); - require an annual inspection performed within 60 days of the storefront’s annual renewal date; the inspection may be done by a licensed professional and a report submitted to DBI; - allow DBI to issue a notice of violation (NOV) to owners who fail to register after written warning; to cure an NOV an owner must register, pay the $711 fee and a penalty of four times the registration fee.

Debate and amendment: Commissioners and public commenters praised the intent but pressed for safeguards. Regina Dickendresi, director of the Office of Small Business, said her office supports stronger tracking but warned that placing inspection responsibility on owners could create a loophole if inspections are falsified. Several commissioners echoed concern about conflict of interest when owners hire the certifying professional and urged DBI to retain spot‑check authority. Deputy City Attorney Rob Capla noted the ordinance’s scope is health and safety under the building code and not broader market or zoning remedies.

To address concerns about imposing immediate payment on owners, Commissioner Clinch offered a friendly amendment that the commission approved as a recommendation: owners who self‑report vacancies would receive a grace period (30 days to pay) and a prorated rebate if they rent the space within a defined timeframe. Fragosi said staff will explore implementation language to distinguish self‑reporting cases from complaint‑driven enforcement, with immediate payment still required for properties flagged by complaints and inspections.

Vote and next steps: The commission approved the recommendation by roll call (President McCarthy; Vice President Walker; Commissioners Clinch, Conston, Lee and Warshall voted yes). Commissioner Moss was excused. The commission’s recommendation will be transmitted to the Board of Supervisors and the city agencies involved in implementation for further drafting and potential amendments.

The ordinance text presented to the commission removes the ‘for‑lease’ exception and sets out the fee, inspection timing, and NOV procedure; several implementation details (including precise refund windows and parcel tracking procedures) were described as under development. The commission asked DBI to return with clarifying implementation language and to coordinate with the Office of Economic and Workforce Development and the Office of Small Business on outreach to owners.