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Board denies rehearing request for Noe Street abatement case
Summary
The Board denied a rehearing request for case 6756423 (Noe Street), finding no new evidence in the petition; staff said abatement remains posted and the department has not sought inspection warrant action while rehearing was under consideration.
The Abatement Appeals Board denied a rehearing request for case 6756423 (Noe Street), concluding the appellant did not present new evidence to warrant reopening the matter.
Staff told the Board the abatement order remains posted and that the department has not, to date, sought an inspection warrant pending resolution of the rehearing request. Appellant Fred Schmidt (listed in the packet as Friar Smith/owner) said he filed the rehearing petition to exhaust administrative remedies before proceeding to superior court and argued the Board lacked authority to compel entry without a warrant. Board members and staff focused on whether the rehearing application contained new information; staff said it did not, and the Board moved and voted to deny rehearing.
The Board's denial leaves the prior order and posting in place; staff said they would only pursue further enforcement steps (such as inspection warrants) after any rehearing is resolved or if new evidence emerges.
