Board upholds Wawona stairs abatement but cuts fees to initial-violation penalty

The Abatement Appeals Board upheld an order of abatement for 58 Wawona Street but reduced assessed departmental fees to the initial penalty (two times the original permit valuation) after hearing that planning review and historic-preservation procedures contributed to delays in obtaining a permit.

Patrick O'Reardon, Chief Building Inspector, told the board that an anonymous complaint led to a notice of violation alleging that front stairs had been remodeled without a permit. A permit application was filed in July 2017, approved in late September and signed off Oct. 6; DBI said the permit ultimately produced compliance but that the appeal seeks relief from fees assessed for enforcement. O'Reardon said assessed costs totaled $1,191.66 plus $145 in monitoring fees, with an estimated final departmental assessment of about $400 at case closure.

Appellant Louis Dorsey explained he split time between California and Washington state caring for a sick relative and was unaware of the notice posted on his door. General contractor Mike Gallardo and designer Jerry Brown described efforts to resolve planning reviews and said delays arose from historical-district review and multi-step planning checks. Brown said planning review held the case for field inspections and preservation review, which contributed to the timeline.

Commissioners acknowledged that planning and preservation review can delay the permit process but noted DBI's permit-tracking shows a July intake number and a July permit filing. After discussing due diligence and the appropriate penalty, the board voted unanimously to uphold the order while reducing fees to the initial violation amount (two times the original permit penalty).