BOMA | Building Owners and Managers Association of San Francisco
Advocate: An Update on Legislative, Regulatory, and Political Issues Affecting Commercial Real Estate
June 28, 2019
Stricter Vacant Storefront Registry Requirements
Operative as of April 22, 2019
Please note this ordinance is now operative as of April 22, 2019. Click here to read a recent article on the subject in the San Francisco Chronicle.

From our partners at the San Francisco Department of Building Inspection (SFDBI): 

If you’re a property owner and your commercial storefront is vacant or abandoned, you are required to register by completing an application and submitting annual registration fees to the Department of Building Inspection pursuant to Ordinance 52-19. This applies even if other units in the building are currently occupied. In addition, you need to maintain and secure your property, even if partially unoccupied, to prevent blight and public safety hazards in compliance with Chapter 80 of the San Francisco Administrative Code, the California Environmental Quality Act, and all other applicable building, health, fire, and safety codes.

IMPORTANT CHANGES

In March 2019, the Board of Supervisors voted unanimously to amend this law through Ordinance 52-19, which took effect on April 22nd. Important changes were made, including:

  • Registration of vacant storefront is required within 30-days of the commercial storefront becoming vacant, even if it is actively being offered for rent or lease;
  • Annual registration fee payment of $711 is now required at the time of registration;
  • Property owners are now required to pay a penalty of four times (4x) the annual registration fee ($2,844) for failure to register a vacant storefront within 30 days of the property being noticed by DBI; and
  • An annual safety inspection report is now required from a licensed professional, which is engaged and paid for by the property owner, confirming the storefront’s interior and exterior remains up to code. This annual report is due when the owner renews and pays the storefront’s annual registration.

Questions? Please email johnb@boma.com.

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UPDATE - March 27, 2019

Recently, the Board of Supervisors voted unanimously to amend this law. Important changes were made, which include the following:

  • Registration of vacant storefront is required: 1) within 30-days of the commercial storefront becoming vacant or 2) even if it is actively being offered for rent or lease;
  • Annual registration fee payment of $711 required at the time of registration; 
  • Property owner is required to pay a penalty of four times (4x) the annual registration fee ($711) for failure to register a vacant storefront within 30 days of the property being noticed by DBI; and 
  • Annual report required from a licensed professional, which is engaged and paid for by the property owner, confirming the storefront's interior and exterior are maintained up to code. This annual report is due when the owner renews and pays the storefront's annual registration. 

The San Francisco Department of Building Inspection plans to offer a workshop on Vacant Storefronts at this year's Earthquake Safety Fair in June. To be notified of workshop details and how to register, sign up here.

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UPDATE - May 8, 2014


BOMA San Francisco Members:

Supervisor Katy Tang has introduced amendments to the 2009 San Francisco Vacant or Abandoned Buildings (VABO) law, summarized below.

If you are a BOMA member that owns or manages a portfolio of smaller buildings in San Francisco's commercial corridors, or if you feel that the new amendments may impact your downtown high-rise commercial/mixed-use properties, please email johnb@boma.com with your comments.

Existing Law (2009) 

Building Code Section 103A.4 et. seq., the VABO, requires that owners of vacant or abandoned buildings in San Francisco register their properties as such, pay registration fees, secure their properties to deny access to would-be trespassers, and provide proof of liability insurance coverage for the properties. VABO, as it currently reads, applies to some vacant commercial storefronts in San Francisco.

However, a building containing a vacant commercial storefront but an occupied second floor unit is technically not a vacant or abandoned building, as defined by VABO. As such, the City and County of San Francisco feels that many vacant commercial storefronts in San Francisco evade VABO regulations via this loophole.


Proposed Amendments to Current Law (2014) - Click Here to Review the Ordinance

By amending the Building Code to apply requirements similar to those specified in VABO to properties containing vacant or abandoned commercial storefronts, owners of properties in commercial corridors will have extra incentive to seek suitable tenants to fill their vacant or abandoned commercial storefronts. To provide owners of vacant or abandoned commercial storefronts with ample time to find suitable tenants, the proposed amendment to the Building Code would mandate owners of vacant or abandoned commercial storefronts to do the following within 30 days of issuance of a Notice of Violation:

  • Register their commercial storefronts with the Department of Building Inspection (DBI);
  • Secure their commercial storefronts to prevent trespassers from gaining access to the premises;
  • Remove graffiti, refuse, and debris from in and around their commercial storefronts; and 
  • Maintain fire and/or liability insurance coverage for their commercial storefronts as DBI determines necessary. 

Additionally, owners of vacant or abandoned commercial storefronts would be required to do either of the following within 270 days of their commercial storefronts becoming vacant or abandoned:

  • Rent their commercial storefronts to tenants who occupy the premises in a manner that complies with all state and local laws; or 
  • Pay a fee of $765.00 to include their commercial storefronts in the Registry of Vacant or Abandoned Commercial Storefronts. This fee shall be assessed on an annual basis for each year that a commercial storefront remains vacant or abandoned. 

Finally, the proposed amendment carves out an exemption for owners of commercial storefronts who demonstrate a good faith effort to rent, lease, or sell their commercial storefronts, or obtain permits to bring their commercial storefronts into compliance with the law.

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Original Post - June 15, 2009

Your BOMA Advocacy Team attended the special meeting of the Building Inspection Commission (BIC) and the Department of Building Inspection (DBI) recently where the Registration of Vacant/Abandoned Buildings Ordinance was discussed (you can view a copy of the Ordinance, here). The discussion surrounding the measure was an interesting one; here are the highlights:


What's the origin/intent of the Ordinance?

  • The measure was introduced on May 5, 2009 by Board of Supervisors President David Chiu and Supervisor Bevan Dufty.
  • Many cities have this type of ordinance (under the 'public nuisance' ordinance of the code).
  • At its core, the measure attempts to mitigate the deterioration of a building.

What's the status of the Ordinance?

  • On June 3, 2009, the San Francisco Planning Department: Historic Preservation Commissionconducted a public hearing to consider the measure. The Commission approved the Ordinance, with modifications. You can view the Commission's recommendation and documents related to their action, here.
  • On June 10, 2009, the measure was heard before the Code Advisory Committee (CAC) where they recommended "non-support of [the] ordinance as written, and in lieu recommen[ed] that the Department of Building Inspection develop administrative procedures to enforce existing requirements." You can read the CAC's letter to the BIC, here.
  • On June 12, 2009, DBI Director Vivian Day responded to the Planning Department's recommendation of the Ordinance that can be viewed here. In short, the measure is not enforceable by DBI.
  • On June 12, 2009, the BIC approved a motion to notify the Board of Supervisors that it does not support the Ordinance.

The need for the Ordinance warrants further discussion:

  • Do we need another ordinance? There are already City ordinances that cover blight.
  • What about buildings slated for demolition, or those waiting for rehabilitation? There needs to be a consensus review of this issue.
  • Finding insurance on a vacant building can be difficult. How can this be addressed?
  • What is the definition of a blighted building?
  • The City doesn't know how many blighted buildings it has.
  • This is a big brother issue: The City should help building owners improve their buildings, NOT impose another City mandate.

A full transcript/video of the meeting can be found here.

Your BOMA Advocacy Team will continue to monitor the Registration of Vacant/Abandoned Buildings Ordinance and report any new developments on this blog.

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In This Issue
IMPORTANT - PG&E's Public Safety Power Shutoff Program
•  Part of the Utility's Community Wildfire Safety Program
San Francisco's Refuse Separation Ordinance Effective on July 1, 2019
•  Large Generators and Zero Waste Facilitators
Stricter Vacant Storefront Registry Requirements
•  Operative as of April 22, 2019
UPDATE: Building Facade Inspection and Maintenance Ordinance
•  REMINDER
The Impact the New Prop 65 Warning Regulations
•  On Multi-Family Apartments and Other Prop 65 Updates
BOMA International's Political Action Committee (BOMAPAC) Needs Your Support
•  Thank you Jim Collins with Shorenstein for Leading This Effort
Get Involved With BOMA San Francisco's Advocacy Program
•  BOMA Needs YOU!
San Francisco Planning Department Debuts Business Zoning Check Service
•  Interactive Feature Streamlines Business Permit Requirement Research
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