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Abatement Appeals Board upholds abatement, orders costs for 4020–4022 Nineteenth Street
Summary
The Abatement Appeals Board on May 16, 2018 unanimously upheld an order of abatement and assessment of costs for 4020–4022 Nineteenth Street after Department staff described multiple unpermitted and unsafe conditions; the City Attorney noted an ongoing injunction and prior finding of illegal construction.
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The Abatement Appeals Board unanimously voted May 16, 2018 to uphold an order of abatement and to impose assessment costs for the property at 4020–4022 Nineteenth Street. The vote followed a presentation by Department staff and remarks from the City Attorney’s Office.
An unidentified Department representative told the board an inspection (noted July 14) found expired or missing permits, work performed without required inspections, remodeled kitchens and exhaust hoods that were not connected, and other unsafe conditions. "Our recommended action is to uphold the abatement procedure and impose all the assessment costs," the department representative said.
Victoria Weatherford of the City Attorney’s Office told the board the property and the defendant have been the subject of ongoing litigation since June 2015 and that a court injunction since May 2017 authorizes quarterly unannounced inspections at the property and related properties. She said a statement of decision after trial found substantial illegal construction and formed the basis for probable cause for the inspection in this case.
A commissioner moved to uphold the abatement and enforce assessment of costs; the presiding officer identified the mover as Commissioner Warshall and named Commissioner Constant as the seconder. During a roll call, Commissioners Constant, Lee, McCarthy, Moss, Walker and Warshall each voted "Yes," and the motion carried unanimously.
During general public comment, Mark Cherniv asked the board to revisit separate cases (numbers 6823 and 6824) concerning a large unpermitted deck built in February 2007. Cherniv said the deck remained in use despite an earlier order of abatement that had been held in abeyance and that the owner had not completed required corrections. He said the deck posed fire and safety risks, alleged multiple calls to the fire department, and asked that the abeyance be removed and the matter be referred to the City Attorney’s Office.
At the meeting the board also approved the minutes from its March 21, 2018 meeting and noted that case number 6845 (60 Clifford Terrace) had been granted one continuance. The board adjourned at the close of the session; the presiding officer announced the Building Inspection Commission will reconvene at 10:00 a.m.
