The Abatement Appeals Board on Oct. 15 voted unanimously to uphold an order of abatement and assessment of costs for 970 Key Avenue (violation 202420002) but placed the order in abeyance for 30 days to allow the owner to obtain a plumbing permit and schedule final inspection(s).

Mauriz Hernandez, representing court enforcement, said the case began after a telephone complaint Feb. 26, 2024, reporting runoff and flooding from 970 Key to lower properties. Inspectors from San Francisco Water and the fire department reportedly shut off the domestic water meter at the property. Hernandez said the department's recommendation was to hire a licensed contractor, obtain permits, and complete repairs; after warnings and referrals to court enforcement, a director's hearing resulted in a note of abatement requiring repairs and permits within 30 days.

An attorney for the owner, Emily Brough, said Lorraine Smith, trustee of the owner trust, faced prolonged difficulty accessing the unit because a tenant had locked gates and resisted entry, forcing the owner to file an unlawful-detainer action in September 2024. Brough and property manager Owen Smith told the board the tenant vacated about two months before the hearing and that extensive hoarding had left the interior in poor condition, requiring significant cleanup, pest treatment, and structural bracing before contractors could safely access plumbing areas.

Board members pressed the owner’s representatives about whether permits had been filed; staff said no plumbing permit had been pulled. Department staff explained that a licensed plumbing contractor is required to pull an over-the-counter plumbing permit in many such cases and that the permit and a contractor inspection would let inspectors verify that the leak is corrected and close the NOV. Staff said an over-the-counter plumbing permit can often be issued the same day and inspected quickly once a contractor is scheduled.

Commissioners expressed sympathy for the owner's difficulties but emphasized urgency because the case involves potential public-health and safety concerns. Several commissioners said the factual record indicated attempts to remedy the problem once the owner had access, but they wanted clear, verifiable progress. Given the circumstances and staff guidance that plumbing permits can be obtained quickly, the board held the order in abeyance for 30 days; the order and assessment would be enforced if the owner fails to obtain permits and a verified final inspection in that period.

The board's decision was unanimous. The department advised the owner to hire a licensed plumbing contractor to pull the appropriate permit and to provide a plan of action and evidence of cleanup and repairs to scheduling inspectors during the abeyance period.