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Commission backs ordinance to add administrative fines for planning-code violations, raises daily rate to $250

San Francisco Planning Commission · January 31, 2008
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Summary

Planning staff urged and the commission supported new enforcement tools allowing administrative penalties for complex and minor planning-code violations; commissioners amended the minor-penalty daily rate to $250 and recommended Board-level coordination on appeals implementation.

The commission recommended support for a proposed ordinance (introduced by Supervisors Sandoval and Maxwell) that would provide the Planning Department new administrative-enforcement authorities to speed compliance and reduce backlog in code cases.

Enforcement planner Dario Jones explained two complementary mechanisms: (1) a zoning-administrator path for complex violations that allows penalties up to $200 per day (with reconsideration and Board of Appeals review), and (2) a director-level graduated penalty for minor violations (initially proposed as $100 after 30 days, $250 after 60 days and $500 after 90 days) with appeals to an administrative-law judge. The measures are aimed at resolving frequent, low-level violations more quickly than civil action through the city attorney.

Commissioners discussed penalty levels and appeal processes; several members said penalties should serve as an incentive to comply rather than an undue burden on small property owners and advocated the Board of Appeals and administrative-law judge processes be coordinated. The commission amended the proposed minor daily rate upward to $250 (from $200) and voted to advise the Board of Supervisors to adopt the ordinance with that change.

What this does: if adopted by the Board of Supervisors, the ordinance would give staff greater flexibility to pursue administrative penalties for both minor and complex violations, with due-process safeguards through reconsideration and appeal procedures. Commissioners said the fines will likely be used as an enforcement lever that is accompanied by staff efforts to achieve compliance and limit hardship for small-property owners.