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Penalty for alleged unpermitted work upheld by operation of law after tied board vote
Summary
An appeal by a property owner over a penalty assessed for work without permits at a Second Avenue property ended in a 2–2 split; with no majority motion to overturn, the Department of Building Inspection's penalty stands by operation of law. The case raised conflicting claims over whether photos in DBI's file depicted the property and whether inspectors had entered the home.
The San Francisco Board of Appeals heard an appeal on Sept. 28 from a property owner seeking refund or reduction of a DBI penalty assessed for work done without a permit at a Second Avenue address. The penalty — based on DBI's calculation of investigatory time and fees — was characterized in testimony as roughly $934.56, reflecting a multiple of the permit fee.
Appellant Chi Pian, who appeared for her mother Alice Tian, said the in-law unit at the…
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