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Commission upholds abatement order but grants 10‑year moratorium for Marina Boulevard unit
Summary
After hearing the Department and the appellant, the Commission upheld an order of abatement for 411 Marina Blvd but granted a conditional 10-year moratorium (or until current occupant moves), requiring a floor plan, prohibition on modifications, documentation of no life-safety violations, and owner notification to DBI.
The Building Inspection Commission on Feb. 18 upheld an order of abatement for a code violation at 411 Marina Boulevard but granted a ten-year moratorium on enforcement with conditions designed to preserve a single elderly occupant’s accommodations.
DBI inspector John Hinton told the Commission the violation involved an unpermitted kitchen installation on the ground floor and that no permits were filed to legalize the work; staff therefore recommended upholding the abatement order and imposing costs. Attorney John Kevlin, appearing for the owner, said a subsequent inspection by Donald Duffy found no immediate life‑safety or health hazards and requested a 10‑year moratorium on enforcement because the unit houses the owner’s elderly mother and the family cannot afford assisted living in the neighborhood.
Commissioners asked whether the moratorium could be limited to the current individual occupant; City attorney and staff advised that the commission could add conditions. The commission adopted a motion to uphold the order while granting a moratorium for up to 10 years or until the current occupant moves, whichever comes first. Conditions included a requirement that the owner submit a floor plan documenting the existing conditions, no further modifications during the moratorium, documentation confirming no imminent code violations, and a requirement that the owner notify DBI if the occupant moves. Commissioners also accepted language to prevent fees from accruing beyond the decision period as part of the moratorium.
The roll-call vote was unanimous and the motion carried.
Staff said DBI would incorporate inspection records and the requested documentation into the findings and would work with the owner on compliance with the moratorium conditions.
(Based solely on Commission transcript of Feb. 18.)
