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Abatement Appeals Board grants one-time continuance, denies rehearing in Jones Street case

San Francisco Building Inspection Commission and Abatement Appeals Board · January 20, 2010
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Summary

The Abatement Appeals Board granted a single 30-day continuance for a Seymour Street appeal and unanimously denied a rehearing request in a long-running Jones Street abatement case after DBI staff said the violations remain uncorrected.

The Abatement Appeals Board met Jan. 20 and granted a one‑time continuance for case no. 67335 (Seymour Street) after the owner of record, Winston Montgomery, notified the board he was out of town and requested more time. The board limited the continuance to the commission's next regular meeting (scheduled for Feb. 24) and emphasized it would not allow repeated delays.

The board then considered a rehearing request in case no. 6728450 (Jones Street). After voting to vacate its prior denial so the requester could present new evidence, the board gave the appellant three minutes to speak and reviewed statements and documentation submitted by the owner. The appellant said a contractor completed work and provided a letter reporting final work on Jan. 19. DBI senior housing inspector Matthew Green told the board the department has not received final inspections or sign‑offs; he recounted steady noncompliance dating back to September and said granting repeated rehearings on the basis of incomplete paperwork would undermine enforcement.

Commissioners debated whether the contractor letter constituted new evidence. Multiple commissioners said a rehearing should be granted only if evidence surfaced that was not presented previously. On a roll call the board voted to deny the rehearing request; President Lee, Vice President Walker, Commissioner Clinch, Commissioner Hechinova, Commissioner Levitt and Commissioner Murphy recorded “yes.” The motion carried unanimously.

The board also opened a public‑comment period for the abatement appeals docket, heard none relevant to the rehearing vote, and adjourned. The Seymour Street matter was continued to the Feb. 24 meeting, and the Jones Street rehearing request was denied; the original abatement determination remains in place.