Abatement Appeals Board unanimously continues 247 Sagamore Street appeal, orders reinspection

On Oct. 21, 2015, the San Francisco Abatement Appeals Board voted unanimously to continue the appeal of an order of abatement for 247 Sagamore Street and asked the city’s building inspectors to reexamine the property ahead of the next hearing.

John Hinton, representing the Department, summarized the case history and recommended that the board uphold the existing order of abatement. Hinton told the board that a permit related to the downstairs work was issued in February 2009 but had expired on May 16, 2010, and that staff later determined the work had not been completed and an order of abatement was issued in March 2014.

Appellant Jennifer Villegas, who identified herself as the owner since 2007, said she had obtained documentation at purchase indicating no outstanding violations and described family medical and financial hardships that she said make large-scale reconstruction unaffordable. Villegas also told the board she has “never seen any kitchen downstairs” since her purchase and that she paid about $3,600 for a permit related to the work.

Several commissioners pressed the department and the appellant for factual clarity about the downstairs space, zoning and the scope of historical inspections. Commissioners noted a prior, separate case involving legalization of a unit and discussed how having an issued permit can affect later enforcement when a permit lapses without sign-off. The department said the expired permit in this case is a straightforward legalization application that simply needs renewal and sign-off if the work is in fact complete.

Commissioner Martin moved — and Commissioner Walker seconded — to continue the item to the next meeting, request that the department perform an updated inspection of the downstairs area to determine whether a kitchen exists and to evaluate any life-safety hazards, and have staff report back. The appellant agreed to schedule access for the inspection.

The board conducted a roll-call vote and the motion carried unanimously. The board instructed staff to identify what work remains and whether any outstanding items present life-safety issues; any unresolved obligations would remain the appellant’s responsibility to address. The matter was continued to the next meeting (approximately 30 days later) for a staff report and any follow-up action.

The meeting also approved minutes from the Aug. 19, 2015 meeting earlier in the session and adjourned at 9:44 a.m., with a reconvening of the Building Inspection Commission scheduled at 10:00 a.m.