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Abatement Appeals Board upholds Green Street abatement, pauses enforcement for inspections
Summary
The Abatement Appeals Board on March 19 upheld a Department of Building Inspection order for a Green Street unit, assessed enforcement costs and held enforcement in abeyance for two weeks to allow inspectors to verify repairs. Tenants and owner disputed whether cleanup and testing were completed.
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The Abatement Appeals Board voted March 19 to uphold a Department of Building Inspection order of abatement for the Green Street property at the center of appeals 6783 and 6784, while holding enforcement in abeyance for two weeks so inspectors can verify repairs and work toward sign-off.
Board staff, represented by Chief Housing Inspector Rosemarie Boske, recommended upholding the director’s order based on the record that substantial progress had not been made before the order was issued. Boske told the board the department’s current assessment of costs for time spent enforcing and inspecting the cases is approximately $4,827.
Owner representatives told the board they have made “substantial progress” since taking possession in late February. Attorney Brian Soriano said permits were issued in early March and most plumbing and window repairs have been completed; he estimated the remaining work could be finished in about two weeks and that full sign-off, including painting and public-health clearance, could follow within 30 days. Soriano said the unit is sealed and that cleaning and removal of personal property had been performed in accordance with recommended protocols.
Tenants and their counsel sharply disputed the owners’ account. Tenant Dr. Amy Hower said “everything that they claim to have been done so far is not,” recounted a timeline of reporting beginning in 2012 and a major leak that forced evacuation, and said the tenants remain concerned about lead, asbestos and cleanup. Tenant Thomas Boman described finding construction debris, unfinished flooring and ongoing dust, and said he feared owners were stalling by showing photographs rather than providing inspectors access.
Commissioners pressed staff about what constitutes “substantial progress.” Boske said site inspections and permit sign-offs are normally required as evidence that work has been completed, and confirmed that staff would be prepared to move quickly to close the case if inspectors can verify repairs. Based on that exchange, Commissioner Walker moved to uphold the order, assess costs and hold enforcement in abeyance for two weeks while inspections occur; Commissioner Lee seconded. The roll call vote was 6–1 in favor of the motion, with Commissioner McCray dissenting.
Under the board’s action, the order remains in place but enforcement will be paused for two weeks to allow city inspectors to verify repairs. The assessment of costs remains on the record and will be pursued even if inspectors later sign off the work. The board said it expects staff to report back if inspections show compliance within the two-week window.
