Abatement Appeals Board holds Sixteenth Avenue order in abeyance for 30 days after owner schedules final inspection

The Abatement Appeals Board on Aug. 20 voted unanimously to hold an order of abatement and associated assessment of costs in abeyance for 30 days for a residential permit case at Sixteenth Avenue (case number 69552543) after the owner reported a final building inspection had been scheduled.

The case involved violation number 202182719. Chief Building Inspector Maurizio Hernandez for the Department of Building Inspection (DBI) told commissioners the violation stemmed from unpermitted interior and exterior work, including removal of a portion of the residence and construction of a new ground-level framed room without required permits or inspections. Staff recommended upholding the order of abatement and imposing the assessment of costs because the violation remained unresolved and no permit had yet reached final status.

Appellant Ina Rezvanian told the board she and her husband bought the house in July 2021 and said the permit process took about 18 months because the project required planning and building reviews and multiple revisions. Rezvanian said they faced supply-chain delays and multiple special inspections and that DBI inspectors helped clarify requirements. She said: "we were able to schedule our final inspection, which the first available date was today morning," and asked for more time in case corrections were required.

DBI staff and the board discussed whether the board could place the order in abeyance while DBI completed final inspections. Secretary Green explained the department does not record the order of abatement while an appeal is pending; if the board grants abeyance and the permit finals, DBI will not record the order and will not send the accumulated bill. Secretary Green said granting abeyance would effectively prevent assessment of the monthly monitoring fees.

Commissioners questioned whether the appellant was also seeking relief from a monthly monitoring fee noted in the written application (about $5,900 was cited in the record). The appellant confirmed she had requested relief in the written application but, during the hearing, focused her oral request on a short abeyance to permit final inspections.

After discussion about an appropriate timeline (Secretary Green suggested 15 days; some commissioners preferred more time), Commissioner Williams moved to hold the order of abatement and assessment of costs in abeyance for 30 days from the date of the hearing; Commissioner Alexander Toot seconded. The motion carried unanimously. President Chavez, Vice President Newman, Commissioners Alexander Toot, Kalamucci, McLease, Ming and Williams voted yes.

The board recorded the motion to hold the order in abeyance. If the appellant obtains a final inspection and the permit is finalized within the 30-day abeyance, DBI staff said the order will not be recorded and the assessed fees will not be billed. If the permit does not reach final within 30 days, the order and assessment will remain in effect.