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Board remands Baker Places' 214 Dolores appeal to director's hearing over notice concerns
Summary
Baker Places and the Abatement Appeals Board agreed the appeal regarding 214 Dolores should return to a director's hearing because the appellant argued they lacked timely notice of the prior hearing; the board remanded the case to allow procedural and factual issues to be vetted.
On April 15 the Abatement Appeals Board remanded the appeal for 214 Dolores Street (filed by Baker Places) to a director's hearing after the appellant said they did not receive proper notice of the original hearing and therefore lacked the opportunity to appear.
Department staff reported an unsafe condition at 214 Dolores that allegedly resulted from excavation work at adjacent 200 Dolores; the original notice instructed the property owner to obtain an evaluation by a licensed design professional within 24 hours and to obtain permits within seven days. Baker Places representatives said they received boilerplate notices in 2012 and again later but were told by DBI staff an inspector would follow up; they maintain the department did not provide clear, timely information about the alleged hazard and that their absence at the director’s hearing was due to confusion and personal circumstances.
City counsel advised the board the appellant's stated grounds for appeal were procedural (failure to receive proper notice) and that remanding to a director's hearing to vet notice and other procedural concerns was an appropriate remedy. The board voted to remand the matter to the director for rehearing so the factual record and notice timeline can be clarified.
