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Abatement Appeals Board upholds abatement orders for 21 Flood Avenue, grants extended time to comply
Summary
The board upheld abatement orders for two related cases at 21 Flood Avenue — one tied to fire damage, one alleging an unauthorized subdivision into five units — but modified the orders to give the owners 60 days to start work and 18 months to complete it, while upholding assessments of costs.
The Abatement Appeals Board on Feb. 16 voted unanimously to uphold two abatement orders for 21 Flood Avenue but modified both orders to provide additional time for compliance.
For Appeal No. 6903 (NOV 20259231), which stems from a minor kitchen fire beneath the rear stairs damaging drywall and ceiling areas, the board upheld the director’s order of abatement and assessment of costs but modified the compliance timeline to allow the property owner 60 days to commence work and up to 18 months to complete repairs and obtain final sign‑offs. The department advised that the practical cure is to pull the necessary building permits and associated electrical and plumbing permits to restore the fire‑damaged area to code‑compliant condition.
Appellants Ophelia and Marlene Moran described pandemic‑related delays — including quarantines, difficulty navigating remote permitting, and contractor illness — that slowed their progress. "The pandemic... has really put us into this hardship for not being able to move more freely around looking for help and doing what is needed," one appellant said, asking the board for understanding and more time.
For the related appeal (NOV 20259031) alleging the building had been subdivided into five separate dwelling units with five kitchens, staff recommended upholding the order. Commissioners and DBI staff discussed legalization options to avoid displacement where possible, including the city’s UDU legalization pathway and MOHCD loan programs that can help property owners fund code compliance work. DBI Deputy Director Joe Duffy advised hiring a design professional familiar with planning staff and legalization processes.
Commissioners emphasized the city’s preference where feasible for legalizing unauthorized units rather than immediate removal, while still requiring that properties be made safe. The board’s motions to uphold both abatement orders with modified timeframes (60 days to commence, 18 months to complete) and to uphold assessments of costs carried by unanimous roll call votes.
DBI staff said there was no intent by the enforcement process to displace current occupants; rather, the department seeks signed building permits and safe, code‑compliant outcomes. DBI will monitor permit filings and report back on compliance according to the modified deadlines.
