Newsom Signs New DBI Fee Ordinance
Mayor Gavin Newsom signed a new fee ordinance for the San Francisco Department of Building Inspection that was passed unanimously by the San Francisco Board of Supervisors on July 16. The newly adjusted fee schedules take effect on Tuesday, September 2, 2008.
“The fee adjustments approved unanimously by the board, and signed into law by the mayor, enable us to continue to deliver quality plan review, inspection and permit services at fair and reasonable rates—rates that reflect the actual cost of what is required to provide these professional services,” stated DBI Director Isam Hasenin.
The new fees reflect the first comprehensive review of DBI’s fee structure since 1992, when it was still a bureau within the Department of Public Works and when DBI established its first code fee schedule. (A limited number of minor changes were made in 2002.) The approval of DBI’s requested fee adjustments was a critical component in the department’s current budget proposal, and essential to balancing its projected revenues and expenditures.
In an upcoming issue, we will have further information on these new fees. Until then, please visit www.sfgov.org/dbi for more details.
Coming Soon: Garbage Police?
Mayor Gavin Newsom has proposed a new inspection program to make sure that San Francisco residents are sorting their refuse correctly: certain papers, glass, aluminum and certain plastics in the blue bin; food, certain food containers and plants in the green bin; and nonrecyclables like mirrors, plastic wrap and Styrofoam in the black bin. Under the mayor’s program, which would be the nation’s first mandatory recycling program to include composting, garbage collectors would be directed to inspect the trash and leave a tag on any containers holding problem refuse. A second citing in the same year would result in another tag and a written notice, and a third offense in the same year means that collectors could refuse to empty the containers. The city could also issue fines for noncomforming trash separation, starting at $500 for the first violation and going up from there. Multifamily and commercial properties with multiple tenants and joint collection will not be subjected to a refusal of collection or new fines, since it would be impossible to prove which tenants are responsible for improperly filed trash.
In other recycling news, the blue bin can now accept a variety of different plastics that could not be recycled before. The expanded blue cart program now includes: all plastic tubs and lids, plastic cups, clean clamshell and yogurt containers, molded plastic packaging, plastic buckets and flower pots, and broken plastic toys with no metal, batteries, circuit boards or wiring. Plastic film of any kind (like plastic bags and plastic wrap) and Styrofoam is still not accepted and must be placed in the black bins. Visit sfrecycling.com for more information.
Court of Appeal Finds in Favor of Landlords
A new published decision strengthens the ability of landlords to quickly have lawsuits dismissed where the tenant’s claim is based upon a wrongful eviction arising out of the service of an eviction notice. In 1100 Park Lane Associates v. Konrad Feldman, the Court of Appeal for the First District ruled that the landlord’s anti-SLAPP motion should have been granted to most of the tenants’ claims.
This decision was not originally published by the court, and therefore could not be cited by landlords as binding authority in other cases. SFAA hired Wiegel & Fried to write a letter to the Court of Appeal in support of publication. The request was granted and the case was published. Since publication, many other landlord firms have cited the published decision for the benefit of their respective clients.
After publication, several tenant organizations wrote to the Supreme Court of California, asking that it depublish the decision. That request was recently denied.
SFAA’s efforts to support publication of the decision were vital in helping to create new law.
Without SFAA’s support, the letter supporting publication would not have been written and the decision might be unpublished today. “When I think about the effort SFAA puts into fighting legislation at the board and ballot (frequently a losing battle), I am reminded how much more can be accomplished through litigation,” stated Clifford Fried of Wiegel & Fried. “And where a simple letter is involved, the industry can get a big bang for the buck.”
Back to the Drawing Board for Water Passthrough
The San Francisco Board of Supervisors Land-Use Committee has tabled Supervisor Michela Alioto-Pier’s measure to pass some of the increased costs of water onto tenants. Alioto-Pier worked with SFAA, the San Francisco Public Utilities Commission and the San Francisco Department of the Environment to craft this compromise legislation, which would have encouraged the city’s tenants to preserve water by making them more directly financially responsible for their water usage. Stay tuned to this column for further information on the state of this green-minded passthrough.
Tropical Blast Trade Show September 22
On Monday, September 22, 2008, the San Francisco Apartment Association will hold its annual boutique trade show at Fort Mason. SFAA’s Tropical Blast Trade Show will cover all facets of the multifamily housing industry. Professionals who provide San Francisco’s rental housing industry with top products and services will be on hand and happy to speak to all attendees. This event is open to the general public and will run from 4 p.m. to 7 p.m. Learn more here.
Second Annual SFAA Trophy Awards November 13
SFAA’s second annual Trophy Awards will be held at the Palace Hotel on November 13, 2008. Categories include: Best Independent Owner, Best Resident Manager, Best Property Management Firm, Building of the Year, Best Green Building and Best Residential Amenities. Nominate an individual here. Nominate a business, company or property here. To get involved with the 2008 Trophy Awards or sponsor the event, contact SFAA Education and Events Director Vanessa Khaleel at vanessa@sfaa.org or 415-255-2288.