Public commenter says DBI follow-up report misstates implementation of controller recommendations, cites inspection concerns

Jerry Dratler, a member of the public, told the Building Inspection Commission on Feb. 19, 2025, that the Controller's August 2024 follow-up to the department's 2021 public-integrity review "falsely reports that all 8 recommendations from the September 2021 public integrity review have been implemented." Dratler said two critical recommendations remain unimplemented 3 1/2 years after the original report.

"The summary table from the follow-up report falsely claims DBI implemented red flag control reports and increased penalty fees," Dratler said, adding that the department lacks management control reports that would monitor unscheduled inspections, out-of-district inspections and other "red flag" activities.

Dratler also said DBI cannot lawfully increase penalty fees without a fee study, and noted that the department's 2024 DBI fee study "specifically excluded a review of fines and penalties." He said the follow-up report nonetheless marked related recommendations as "implemented and closed in 2024."

Dratler cited multiple property-level concerns and past litigation while urging the commission to address what he described as "a serious credibility and control problem." He referenced complaints and internal notes for buildings including 147 Wood Street and 533 Vicente Street, alleged instances of inspectors working outside assigned districts, and a lawsuit naming a former chief of code enforcement.

The commission did not take action during the general-public-comment period. Commissioners later discussed whether to request a staff update on the Controller's follow-up report at a future meeting; one commissioner asked staff to consult with the commission president about how best to agendize a response.