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Commission agrees to pursue updates to abatement-appeal procedures; Vice President Tam to lead draft
Summary
The commission reviewed procedural rules for abatement appeals adopted in 1995, agreed they need updating to improve clarity and predictability, and directed Vice President Tam to gather feedback and present a draft at a future meeting; no formal rule change was adopted.
The commission discussed revisions to the procedural rules that govern abatement appeals and directed Vice President Tam to lead drafting of proposed updates for future board consideration.
City Attorney Zach told commissioners the board's temporary rules were adopted in 1995 and said they may no longer reflect current practice or governing law. “These rules were adopted in 1995,” he said, adding that updates should ensure the rules comport with governing code sections, provide consistency and predictability, and promote efficiency and cost savings for the public.
Zach walked commissioners through the existing document, noting several sections that could be clearer or better placed. He said the rules should explicitly describe the role of the secretary, the filing-notice process and briefing schedule, time limits and rebuttal procedures at hearings, and which items are operating procedures rather than durable board rules. He advised including standard notice language rather than relying on post-filing letters to set briefing schedules and page limits.
Commissioner Jacobo and other members voiced support for revising the rules, emphasizing the need for plain-language guidance so first-time appellants understand deadlines, when they must appear, and the finality of board votes. “I think it's an endeavor worth pursuing,” Jacobo said.
Commissioners discussed how to develop drafts without violating the Brown Act’s limits on serial meetings of a quorum. The commission concluded it would solicit feedback publicly and through staff rather than form an informal working group of multiple commissioners. The president said Vice President Tam would lead incorporation of feedback and return a first draft at a meeting when appeals are not on the agenda.
The commission invited public input and staff confirmed no callers were present during the public-comment periods. Commissioners also agreed staff and the deputy city attorney could provide one-on-one briefings or a short memo for new commissioners about their role in appeals.
No formal motion to change the rules was introduced or adopted at this meeting. The only formal vote recorded was to adjourn the session; the commission voted to adjourn at 9:27 a.m. and asked attendees to reconvene at 10:00 a.m. for a separate meeting of the Building Inspection Commission.
What happens next: Vice President Tam is expected to gather feedback and present Draft 1 of proposed rule changes at a future meeting so the commission can review, request revisions, and ultimately consider a formal motion if and when a final draft is presented.
