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Appeals board upholds Fulton Street abatement but grants owner a year and waives future costs
Summary
The Abatement Appeals Board upheld the notice of violation for a rear‑deck built without permits at 1206 Fulton St. but extended the compliance window and waived new assessment costs for one year while keeping the existing $1,000.42 assessment in place.
The San Francisco Abatement Appeals Board on Dec. 16 upheld an order of abatement against the owner of 1206 Fulton Street but gave the owner additional time to resolve permit and inspection issues and waived any future assessment increases for the next year.
Deputy Director Ed Swinney of the Department of Building Inspection told the board the case involved a second‑floor rear deck and exterior stairs constructed without permits, with an initial notice of violation issued in December 2003 and a subsequent notice in 2009. Swinney said earlier permit applications were disapproved by the planning department and that the foundation and some structural elements will likely require upgrades.
Owner and appellant Bethany Echeveri said the deck was already in place when she purchased the house in 2003, that she believed earlier fines and permit payments had resolved the matter, and that turnover among city staff and a delayed plan check had stalled completion of the permitting process. She said she had filed new permit paperwork and anticipated a variance intake meeting in January.
Commissioners discussed gaps in city recordkeeping and whether notices had been received by the current owner; several members said data delays in ownership records may have left prior notices addressed to former owners. The board also weighed safety concerns raised by staff against the owner’s efforts to comply.
Motion and vote: A commissioner moved to uphold the existing notice of violation (NOV) and assessment but to extend time for compliance to one year and waive any additional assessment of costs that might accrue during that period. The motion was seconded and carried unanimously. The assessment owed as of the hearing was recorded at about $1,000.42 and remains payable; future accruals for the next year were waived provided the owner pursues the permitting process.
The board directed DBI to conduct an updated inspection to confirm any immediate safety hazards and asked the owner to continue coordinating with planning and plan check. The board’s order maintains the NOV while setting a one‑year compliance window and waiving additional prospective costs; commissioners said they would revisit enforcement if the owner failed to show progress.
