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Abatement Appeals Board upholds order for 1743 Twelfth Avenue, gives six months to complete repairs

Abatement Appeals Board · September 19, 2012
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Summary

The San Francisco Abatement Appeals Board unanimously upheld an order of abatement for 1743 Twelfth Avenue and allowed the appellant three months to obtain permits and three additional months after permit issuance to finish work, citing a new survey and the need to coordinate with an arbitrator.

The San Francisco Abatement Appeals Board unanimously upheld a Department of Building Inspection order of abatement for the property at 1743 Twelfth Avenue and granted the appellant a total of six months to complete repairs: three months to obtain necessary permits and three months after permitting to complete the work.

Appellant counsel Christine Tursekis told the board she sought a continuance because a new topographic survey of the neighboring property had changed the project’s plans and "we're asking for a further continuance to allow us to get the plans done and then the details worked out either with the attorneys or with the help of our judge arbitrator." She said plans were expected within a week or two and that the parties had scheduled a meet-and-confer with an arbitrator.

An engineer who described completing a topographic survey told the board revised grading drawings would be finished "early next week," that the permit process should be straightforward because drawings were previously approved, and that, "if done efficiently, [construction] can probably be done in a matter of 6 to 8 weeks," while cautioning work could be delayed by weather and geotechnical recommendations.

John Hinton for the department said the survey was a new development and that the department did not anticipate being the source of delay, but noted the arbitrator’s schedule could affect timing. Andreas Becker, representing neighbor James P. Wong (1737 Twelfth Avenue), said the neighboring owner supports the continuance and that both parties were making progress toward agreement.

Several commissioners said they wanted to limit repeated continuances and establish a firm deadline. One commissioner criticized the pace of progress, saying, "the only thing that's happened here is a survey," and urged the parties to move toward completion. After debate, a commissioner moved to uphold the department's recommendation but to give the appellant three months to obtain the permit and three additional months to complete the work; the motion included assessment of costs. The board then took a roll call vote; President Clinch, Commissioner Lee, Commissioner Maher, Commissioner McCarthy, Commissioner McCray and Commissioner Walker all voted yes and the motion carried unanimously.

The board did not identify the motion’s mover or seconder in the public transcript. The board recorded no separate amendment to the department’s order; the abatement remains in place but enforcement was modified to allow the stated permit and completion timeline. The board indicated the matter will return only if the parties do not meet the deadlines or cannot resolve outstanding details with the arbitrator.