Water Conservation Ordinance Amendments Lawsuit Slogs Along
As reported earlier in REALTOR® Advantage Online, the City and County of San Francisco has amended Chapters 12 and 12A of its Housing Code earlier to expand the requirements of the city’s Water Conservation Ordinance.
The amendments require the city to provide the public with an inspection form and a disclosure brochure. The San Francisco Public Utilities Commission and the San Francisco Department of Building Inspection appear to have been charged with the duty to provide these implementing documents. But as of the effective date of the amendments (July 1, 2009), the city, the SFPUC and the SF Department of Building Inspection had failed to do so.
On July 30, 2009, the city promised to provide the documents by August 15, 2009 and agreed not to enforce the amendments until then. But the city did not meet its self-imposed August 15, 2009 deadline, either. And, a review of the DBI web site today indicates that the city continues to fail to perform its obligations under the law.
In order to remedy this blatant failure to perform on the part of the city, the Association two weeks ago commenced a legal action against the City and County of San Francisco.
The Association’s outside general counsel, Alex Weyand, is currently pursuing possible enforcement alternatives with the city. If those discussions are unfruitful, the Association will appear in court later this week to seek immediate judicial intervention.
Thanks to SFAR for keeping us informed!