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Rehearing request denied for 64140 Eighth Ave despite appellant’s new bills; board cites standard for new evidence
Summary
The board denied a rehearing request for 64140 Eighth Ave after an appellant submitted utility bills and inspection photos as newly obtained evidence; commissioners said rehearing requires evidence that was not previously available or a legal error and concluded the new materials did not meet that standard.
The Abatement Appeals Board on Sept. 17 denied a rehearing request from the owner of 64140 Eighth Ave who sought to reopen a May decision that had found the property abandoned. The appellant presented utility bills and photographs he said were recently obtained and said inspectors now consider the property occupied.
City Attorney guidance cited the standard for rehearing: the petitioner must present new evidence that could not reasonably have been presented earlier, or show legal error in the prior decision. DBI staff said it had received documentation showing progress, including a permit to repair a fence and a recent inspection, but told commissioners that evidence did not require overturning the board’s May determination.
Members of the public and a related party vouched that the appellant had long-term residency. Commissioners noted the appellant had not filed the documents in advance of the rehearing request so the board could review them; the City Attorney and several commissioners advised that, absent a clear demonstration that evidence was newly discovered and previously unavailable, rehearing was not warranted. The board voted unanimously to deny the rehearing request.
Commissioners directed the appellant that, if outstanding violations are remedied, he may seek abatement lift through the standard process.
