Board denies rehearing request over Noriega/40 Sixth sheds, DBI to continue interagency follow-up

The Abatement Appeals Board on Feb. 17 denied a request to rehear a prior abatement involving two sheds at a Noriega Street/40 Sixth Avenue property, finding the arguments presented repeated prior testimony and did not constitute new evidence or show legal error.

Everett Kavanagh, representing a homeowners association and describing himself as counsel for one unit owner, argued the board had misunderstood easement law and that ownership and notice issues merited reconsideration. "An easement is a right. It's not a thing," Kavanagh said, urging the board to reconsider whether the prior notices and findings had been correct.

DBI inspectors and the City Attorney's Office told the board the new presentation largely revisited issues already heard and that DBI had previously issued notices and investigated permit records. DBI staff member Donald Duffy said a permit had been filed by the bakery owner indicating an intent to address both sheds and noted that DBI and other city agencies are discussing options to resolve ongoing garbage and maintenance problems at the building.

The board found the petitioner had not presented new evidence that would meet the standard for rehearing, nor had it demonstrated a legal error requiring reconsideration, and voted unanimously to deny the request. DBI staff said interagency discussions would continue and, where appropriate, parties should remove structures to resolve NOVs.

What happens next: The rehearing request was denied; DBI will continue coordinating with other departments to address the site’s outstanding maintenance and garbage issues and will advise affected parties on enforcement steps.