§ 108.407. Approval by Division prior to construction or lease of buildings; limitations on lease of space.

(a)

No City agency or independent agency for which the Division will provide space, management services or custodial or preventive maintenance shall construct a building for public use unless prior approval for the construction and of the need therefor is first obtained from the Division. If the Chief denies the need for the construction, the agency requesting approval may present written justification to the Division. If the Chief denies the justification, his decision is final unless the rules provide for an appeal to the Director of Public Works.

(b)

No City agency or independent agency for which the Division will provide space, management services or custodial or preventive maintenance shall lease a privately-owned building or any part thereof unless prior approval for the lease and of the need therefor is first obtained from the Division. If the Chief denies the need for the leased space, the agency requesting approval may present written justification to the Division. If the Chief denies the justification, his decision is final unless the rules provide for an appeal to the Director of Public Works. Each City agency and independent agency for which the Division will provide space, management services or custodial or preventive maintenance shall develop procedures and adopt rules to ensure that the leasing practices of that agency are in substantial compliance with the rules adopted pursuant to this Section and Section 108.406.

(c)

The Division shall not authorize a City or independent agency to enter into a lease agreement for space in a privately-owned building when suitable space is available in a publicly-owned building, except upon presentation to the Division of sufficient written justification, acceptable to the Chief, that a separate space is required in order to fulfill the legal duties of the agency making the request. If the Chief denies the justification, his decision is final unless the rules provide for an appeal to the Director of Public Works. This justification shall be submitted separately from a justification that may be necessary under subsection (b) of this Section.

(d)

No City or independent agency shall obtain more than one lease for space in the same privately-owned facility or complex within any 12-month period except upon the solicitation of competitive bids under the Purchasing Code.

(Ord. 83-591-400, § 1)

Editor's note

Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.