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Commission approves five‑year amnesty for properties identified in DBI internal audit (File 250191)
Summary
The Building Inspection Commission voted unanimously to support Board of Supervisors file 250191, establishing a time‑limited amnesty and streamlined certification pathway for properties flagged by DBI’s internal quality control audit tied to prior misconduct by permit consultants and an inspector.
The Building Inspection Commission on April 16 voted unanimously to approve a recommendation supporting Board of Supervisors file 250191, an ordinance that would create a five‑year amnesty program for properties identified by the Department of Building Inspection’s (DBI) internal quality control audit and issued a notice of violation (NOV).
Tate Hanna, DBI legislative affairs manager, told the commission the audit reviewed 5,445 properties tied to permit work associated with convicted consultants and a former inspector. "The audit was completed earlier this year in January, and thankfully, there were no imminent life safety hazards found," Hanna said, while noting that roughly 2 percent of audited properties required issuance of NOVs for code violations.
Hanna described the proposed amnesty as a streamlined pathway so affected owners can pursue a new "certificate of existing conditions," receive expedited review to abate violations, and (if qualified) have planning and DBI fees waived or refunded. He said the department estimates DBI fees waived under the program could total roughly $320,000, exclusive of planning fees, and that the program would sunset five years after the ordinance becomes effective.
Hanna framed the measure as an effort to avoid imposing undue burdens on owners who purchased properties after the work was completed or who were unaware of misconduct by prior consultants or inspectors. The staff presentation recounted the underlying misconduct: Rodrigo Santos and a former DBI senior inspector, Bernie Curran, were convicted of fraud‑related charges tied to inspections and permit certifications; DBI later launched the internal audit to identify properties potentially affected.
Commissioner Chavez moved to approve the file and Commissioner Newman seconded. The commission carried the motion on a roll‑call vote: Commissioner Chavez yes; Commissioner Ming yes; Commissioner Newman yes; Commissioner Williams yes. The transcript records the action as "motion carries unanimously."
Under the ordinance as described by staff, property owners with NOVs that resulted from DBI’s audit may come forward during the amnesty window, obtain a certification of existing conditions, use an expedited and streamlined application process to abate the NOV, and receive waived planning and DBI fees or refunds for fees already paid. The program is limited to NOVs that stemmed from the audit and will not apply to cases where an owner previously received an NOV and had direct knowledge or involvement when it was issued, DBI staff said.
Commissioners asked questions about whether owners who come forward would face criminal exposure; Hanna said the program applies to properties already identified in the audit and does not require owners to affirm involvement with any wrongdoing. Calvin Ho from President Mandelmann’s office was available to answer questions during the hearing.
The ordinance was reported to have unanimous support from relevant advisory committees; the Administrative and General Design and Disability Access subcommittee and the Code Advisory Committee both recommended approval.
