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DBI does not contest appeal; commission moves to grant jurisdiction in Tad Nguyen ECC case
Summary
On Aug. 21 the San Francisco Building Inspection Commission considered a request from appellant Tad Nguyen to hear his appeal of placement on DBI's Expanded Compliance Control list. DBI told the commission it would not oppose jurisdiction; the motion to grant jurisdiction was made and seconded, but the transcript does not record the final roll-call result.
The San Francisco Building Inspection Commission on Aug. 21 considered a request from Tad Nguyen to grant the commission jurisdiction over his appeal of placement on the Department of Building Inspection's Expanded Compliance Control (ECC) list.
Chris Vergara, DBI compliance manager, told the commission the department sent a certified letter on Dec. 8, 2023, notifying the appellant that he had incurred three or more violations within an 18-month period and that he had 10 days to submit mitigating information. Vergara said the appellant later met with acting chief Kevin Birmingham on Dec. 21 and submitted an appeal by email on Jan. 4, 2024; DBI issued a notice of determination on Jan. 5, 2024, including a link to DBI's ECC information and a reference to the code's appeal procedures.
Tad Nguyen told the commission he had not received the Dec. 8 notice in a timely way and said he wanted a chance to present his case in full. President Alexander Toot offered to move the commission to grant jurisdiction and bypass a full hearing because DBI was not contesting the request; Nguyen said he would accept that option if the commission agreed.
The chair made a motion to grant jurisdiction and a member seconded it. The clerk announced the requirement for public comment on the motion and recorded there were no remote or in-person public comments. The transcript includes the motion and the preparation for a roll-call vote but does not record the final vote tally in the provided segments.
The commission's action, if finalized, would permit the BIC to hear Nguyen's appeal on the merits without conducting a separate full evidentiary hearing. The department said it is updating its notice language to make appeal timelines and steps clearer on future notices.
Where it was stated on the record: "...we sent out a letter in 12/08/2023 advising the appellant that he's incurred 3 or more violations within an 18 month period, which makes him eligible to be in our expanded compliance control list." ' Chris Vergara, DBI compliance manager
"I never...I didn't receive until December 8." ' Tad Nguyen (as recorded in public remarks)
Next steps: The transcript stops short of a recorded roll-call result for the motion to grant jurisdiction; the commission resumed the regular calendar after the item. If commissioners formalize jurisdiction in a recorded vote, the appeal will proceed before the commission on the merits.
