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Appellant says he lacked notice; Abatement Appeals Board continues hearing
Summary
An appellant who said he had not received certified notice and accused department staff of mishandling his case asked for more time; the board unanimously continued the hearing after staff confirmed a returned certified-mail delivery attempt.
At the Nov. 20 Abatement Appeals Board hearing, appellant Tommy K. Aviv told commissioners he had not received mailed or electronic notice of the hearing and described repeated difficulties with permitting and inspections for his property. He said he incurred substantial costs for water and electrical work and accused some DBI staff of corruption.
DBI senior inspector Joe Ng responded that the notice at issue concerned unpermitted work and that staff had posted notices on the property and recorded certified-mail attempts in the campaign data sheet. Staff told the board a U.S. Postal Service notice indicated an item was undeliverable on Nov. 9, 2024, and had been returned to the postal center.
After board questions about evidence and remedies, a motion to continue the hearing to the board's next meeting passed unanimously to allow the appellant to assemble documentary evidence (for example, prior permit materials) and for staff to provide certified-mail receipts and posting photographs. Commissioners emphasized the board's limited authority to reverse an NOV absent documented factual error and directed DBI staff to follow up with the appellant about permitting steps and to provide records of certified mail and posting.
