Bateman Appeals Board pauses abatement order for 2119 22nd Street pending demolition permit

The Bateman Appeals Board on Jan. 15 unanimously continued an order of abatement for the property at 2119 22nd Street, placing the case in abeyance while the property owner pursues a demolition permit and staff monitors site conditions.

The action followed a presentation by the Department of Building Inspection (DBI) and testimony from the property owner, who said he purchased the building about three years ago and is seeking city permits to demolish and replace the structure. DBI staff described unauthorized excavation and a failed retaining wall foundation, and said temporary lateral bracing remains in place.

The matter matters because the site sits in a slope-protection zone and DBI staff told the board the temporary supports may not withstand a major earthquake, posing a risk to adjacent properties and the sidewalk. Joe Ng, senior building inspector for DBI Code Enforcement, summarized the department’s findings: “The subject property consists of a 2 story roof frame building in construction for a single residential use occupancy” and described unauthorized basement excavation and retaining-wall foundations discovered during inspections.

Appellant David Buckley, who identified himself as the owner, said he bought the building after many of the violations occurred and is trying to correct them. “I just bought the building about 3 years ago. It wasn't me who who did the violations on the building, I'm actually trying to correct them,” Buckley said. He told the board most violations have been addressed but one remains because demolition plans and permits are pending: “I can't do it until I get my permits for the new building.”

Deputy City Attorney advised the board on enforcement timeframes, saying any modification of an order of abatement for violations that do not constitute a serious and imminent hazard must require that work to repair begin within 60 days and be completed within a reasonable time not to exceed 18 months. The board discussed whether permit activity or submitted demolition applications should count as “work” under that rule.

After deliberation, Commissioner Alexander Tout moved to continue the matter for a duration to be set by the board chair with the department’s recommendation and to require ongoing monitoring of the site; Commissioner Newman offered a friendly amendment requesting active monitoring. The motion stated the matter would be continued and the department would provide status updates, including any site-monitoring reports. The board then held a roll-call vote; President Chavez, Vice President Newman, Commissioner Alexander Tout, Commissioner Ming and Commissioner Shattuck all voted yes. The motion carried unanimously; Commissioner Williams was recorded as excused.

The board directed DBI to monitor the site during the continuance and advised staff to report back to the board with status updates and any additional testimony as needed. DBI noted the property owner has pending permit applications for demolition and for a new three-story single-family residence; the owner reported the demolition permit application was filed in July 2022 and remains pending with planning.

The board did not reverse or otherwise modify the underlying order of abatement at the meeting. Instead, it continued the appeal to a later date to allow time for the owner’s permit process to proceed and for DBI monitoring to confirm whether the structure remains stable or requires more immediate action.