Abatement Appeals Board continues Tingley Street case to allow interpreter, delays final ruling

The Abatement Appeals Board on June 12, 2024 continued an appeal of an order of abatement for 204 Tingley Street to a special hearing set for July 17, 2024, after the appellant arrived late and requested language assistance and time to obtain a representative.

Joe Ng, senior building inspector for the Department of Building Inspection, presented the department’s case and recommended that the board uphold the Feb. 7, 2023 order of abatement and impose assessment of costs. Ng told the board inspectors found an unauthorized rear addition and that the owner had a prior notice of violation from April 2012 and a subsequent abatement order in 2013. The department’s presentation said a complaint in February 2021 led to a new notice of violation in March and an order in February 2023; a permit was issued in June 2023 but final inspection and sign-off have not been completed.

The appellant, who identified herself only as Carmen and said she would speak for herself, said she had made payments in the past related to the property’s compliance efforts and asked whether her husband could begin work. Carmen also indicated she did not understand the hearing fully and needed assistance: "I pay in the past to these people in 2012 and they were still here and I pay again," she said. DBI staff advised that work may proceed only if the permit has been issued and completed and offered to speak with her after the meeting.

Several commissioners raised concerns about fairness and language access when the appellant was not present at the start of the hearing. Vice President Newman moved, and Commissioner Williams seconded, to continue the case so an interpreter and, if needed, a representative could be available. The board voted unanimously to continue the appeal to July 17 at 9:30 a.m.; the motion carried on a roll-call vote with Vice President Newman, Commissioner Shattuck, Commissioner Summer and Commissioner Williams voting yes.

Earlier in the meeting the board approved the minutes from its May 15, 2024 session after a motion by Commissioner Shattuck and a second by Vice President Newman; that motion also passed unanimously. The board recessed at 9:57 a.m. and said it would reconvene as the Building Inspection Commission at 10:30 a.m.

The department’s case and evidence, the appellant’s planned testimony and the scheduled continuance mean the board has not made a final determination on the order of abatement or on any lien; the hearing record will resume on July 17, when DBI staff said interpretation services will be made available.