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Board reduces penalty for unpermitted work to twice the fee in Salvador appeal
Summary
The Board reduced a penalty imposed for construction without a permit at 2 Cielito Drive, cutting the assessed penalty to two times the regular fee after the owner obtained a permit and DBI recommended reduction.
Owner Sylvia Salvatore appealed a penalty assessed after DBI issued a notice of violation for an illegal dwelling unit. Joseph Duffy of DBI told the board that the notice followed a complaint, that a building permit had been obtained soon after the notice, and that the assessed penalty reflected the value of the work performed. Duffy said he was sympathetic to Salvatore’s circumstances and suggested a reduction.
Commissioners noted that the board’s authority allows reduction but not elimination of the multiplier and discussed statutory limits. Vice President Frank Fung moved to overrule DBI and reduce the penalty to two times the regular fee, the minimum reduction the board can grant under applicable rules. The motion passed 3-0.
The board recorded that the penalty assessment will be adjusted to two times the regular fee; the decision was entered by roll call.
