Board upholds abatement at 530 Rhode Island, waives assessment for appealed unit to encourage cost‑sharing

The Abatement Appeals Board on April 15 upheld an order of abatement related to a collapsed retaining wall affecting properties at 530 and 532 Rhode Island Street but reversed assessment of costs for 530 Rhode Island and held the order in abeyance for 60 days to let owners pursue permits and coordinated repairs.

Department staff reported the retaining wall failure and that three adjacent properties were affected; two had previously received orders of abatement. John Hinchen told the board that photographs of the condition were limited because of access constraints and that records show separate notices and case numbers were issued for separate lot numbers. Staff recommended upholding the abatement and imposing assessment of costs for each cited lot based on separate complaint activity.

Christine Yalda, a co‑owner at 530 Rhode Island, and other neighbors said surveys showed the failing wall spans multiple lots and that the co‑owners had reached an agreement on design and cost sharing and were ready to pull permits. Appellants argued it was inequitable to be charged separate full fees for what they described as a single shared condition.

After discussion about fairness, inspection frequency and how fees are assessed when multiple lot numbers are involved, the board voted to uphold the order of abatement but to hold the order in abeyance for 60 days and reverse or waive assessment of costs for the appealed lot (530 Rhode Island) to incentivize cooperation among owners. The board recorded the motion and a unanimous roll‑call vote.