AAB upholds two orders of abatement for 1807 Broadway after owners seek continuance for planning approvals

The Abatement Appeals Board on March 20 upheld two orders of abatement for 1807 Broadway (cases 6915 and 6916, complaint numbers 202181476 and 202181768) after hearing from DBI staff, the property owners and neighbors.

DBI chief billing inspector John Hinchen described notices of violation issued in August 2021 for unpermitted work including an unauthorized horizontal addition, removal of a fire escape, dry-rot repairs, roof replacement without permit, and a unit reconfiguration. Staff recommended upholding the orders and imposing assessments of cost.

Owners and counsel said permit applications were filed in 2021 and remain in planning review; counsel asked the board for a 90-day continuance to allow planning entitlements to move forward and to avoid accrual of additional enforcement fees while planning review is pending. Owners said they had been misled by a prior consultant/contractor and asserted they are now working with new consultants and actively pursuing permits.

Neighbors testified they were not notified of prior hearings and described loss of light and noise impacts. DBI staff said a permit was filed but had not progressed through approvals and that the building-permit process requires planning sign-off for the work at issue; staff recommended enforcement because significant work was done without required permits.

Board members discussed options (removal of illegal work versus legalizing the work through the planning process), noted the board's limited authority to speed planning department action, and considered whether to stay the orders and fees. After discussion a motion to uphold both orders of abatement — including the assessment of cost — was made and passed by unanimous roll call.