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Abatement Appeals Board upholds order for fire-damaged Apollo Street property
Summary
The Abatement Appeals Board unanimously upheld an order of abatement on Dec. 20, 2017 for Case No. 6839132 (Apollo Street), finding extensive fire damage and an illegal conversion to three units and ordering assessment of abatement costs; staff will meet with the owner to clarify next steps.
On Dec. 20, 2017, the San Francisco Abatement Appeals Board voted unanimously to uphold an order of abatement and assess costs for Case No. 6839132, a fire-damaged property on Apollo Street owned by Chao KOSANG.
Mauricio Hernandez, senior billing inspector for the building department, told the board the department issued a notice in February after responding to a fire that damaged the rear of the building and caused substantial smoke and water damage. Hernandez said inspectors found the house had been converted from a single-family dwelling into three separate units without required approvals and that the owner did not submit a structural assessment report the department had requested. "We were called out the same day," Hernandez said, noting the fire occurred Feb. 16. The department requested the owner shut off utilities and provide an assessment to verify fire conditions and structural impacts; none was received in the department’s time frame, and the case was referred to code enforcement.
The appellant’s representative, Derek, a designer/expediter, said tenants vacated the day after the fire and that the owner later engaged architects and an engineer. Derek said a structural report was drafted and submitted in August and that permits were approved in early September; the owner has been working on repairs and expected several more months of work. "Since that day the tenants left," Derek said, describing efforts to draft plans and pursue permits.
Several commissioners expressed concern about the illegal conversion and potential risks to occupants. Commissioner Walshaw said the conversion exposed "three households" to a dangerous situation and that, given the property's history and the owner's limited experience, the department's recommendation should be upheld. The board’s motion to uphold the order of abatement and assess costs carried on a unanimous roll call vote.
After the vote, the board directed staff to meet with the property owner and Derek to make sure they understand the board’s action and the earlier director's hearing outcome. Staff committed to advising the owner to contact code enforcement to clarify the process.
The board’s action requires the owner to follow the department’s abatement order and pay assessed costs; the department will continue to monitor compliance and work with the owner on the permit and inspection process.
