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Board reduces penalty for unpermitted work at 42 Baffin Way to two times regular fee

San Francisco Board of Appeals · January 16, 2013
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Summary

The board reduced a penalty assessed for construction without a permit at 42 Baffin Way after the property owner said she relied on a contractor and has since applied for permitting; DBI described a 9x penalty calculation and did not oppose a reduction.

The Board of Appeals on Jan. 16 reduced a civil penalty imposed for unpermitted work at 42 Baffin Way to two times the regular fee.

Appellant Grace Wu said she hired a contractor and did not know permits were required; she has since obtained a building permit and is working to secure electrical and plumbing contractors. Department of Building Inspection Senior Inspector Joseph Duffy summarized the enforcement record, noting a complaint, a notice of violation and a calculation that led to a nine-times penalty level based on a valuation figure.

Commissioners noted the property owner’s limited industry involvement and agreed to reduce the penalty to the statutory minimum available in this circumstance (two times the regular fee). The motion carried 4-0.

The reduction is intended to balance enforcement of code requirements with the property owner’s remedial steps and lack of prior involvement in the construction trade.