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Board upholds abatement for flooding repairs at 149 Buena Vista Terrace, grants 60 days to comply
Summary
The Abatement Appeals Board upheld an abatement order for improperly placed backwater protection at 149 Buena Vista Terrace but granted the owner 60 days to obtain required permits and complete corrective plumbing work; board affirmed assessment of costs.
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SAN FRANCISCO — The San Francisco Abatement Appeals Board unanimously upheld an order of abatement for 149 Buena Vista Terrace on April 20 but granted the owner 60 days to obtain permits and complete corrective work after hearing testimony about recurrent basement flooding.
Steve Panelli, the city’s chief plumbing inspector, told the board the department had a complaint on file from Nov. 4, 2008, related to unpermitted work and that a backwater valve installed in the wrong location can allow rain and sewage to back up into lower‑level fixtures. "The remedy for this would be that the actual fixtures that require the backwater protection ... that valve is put in the proper location," Panelli said, describing technical steps including possible excavation and rerouting.
Owner Billy Ewing described a long history of flooding and said he paid about $40,000 for sewer replacement in 2006. Ewing said a contractor performed the work and that he is pursuing arbitration with the California State Licensing Board over alleged faulty work. "We believe that not only was the permit for the backwater valve not obtained, but the entire system had not been properly installed and permitted," Ewing told the board.
Tenant Hannah Murray spoke in support of Ewing, noting repeated backup events and raising concerns that a city utility employee told them a main pipe in front of the house was undersized. Panelli and other staff said their records show the plumbing permit addressed the house trap and building sewer and that a subsequent permit (May 2010) existed to correct the backwater valve placement but inspections had not been completed.
Board members debated a reasonable compliance window. Panelli said corrective work and inspections "should be doable in 30 days" in straightforward cases; Ewing and counsel said pending arbitration and financial constraints made a short deadline difficult. After discussion the board voted unanimously to uphold the abatement, uphold assessment of costs, and grant a 60‑day stay for compliance.
The board recorded no change to the substance of the order: the owner must correct the backwater/prevention measures, obtain appropriate plumbing permits and pass required inspections within the 60‑day period or the abatement will proceed.
The decision notes DBI staff offered technical assistance and that a licensed contractor has expressed willingness to remedy the installation; enforcement remains available if corrective measures are not completed within the stay period.
