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Board continues Soldock appeals (cap-off permits at 40 Fifth Ave.) for DBI permit-history and life-safety review
Summary
The Board continued appeals by Janelle Soldock challenging electrical and plumbing cap-off permits issued at 40 Fifth Ave., asking DBI to inspect life-safety issues and report back; continued to June 13, 2012 (5-0).
The Board of Appeals on April 18 continued two appeals filed by Janelle Soldock (appeals 12-225 and 12-226) that challenge issuance of an electrical cap-off permit and a plumbing cap-off permit for the property at 1285 40 Fifth Avenue (issued to Peter Feeley Living Trust). Counsel for the appellant argued the permit holder has a pattern of permitting and re-renting illegal in-law units; the permit-holder's counsel said the Board lacks authority to —legalize' an illegal unit and noted ongoing DBI enforcement and the owner's personal circumstances.
DBI said permit-history research and a housing-inspection process dating back to 2009 were underway; the department will conduct a site visit and look up microfilm records to clarify whether previous notices of violation and abatement processes were completed. Given the unresolved permit-history questions and life-safety concerns, the board voted 5-0 to continue the matter to June 13 to allow DBI to report back with permit research and a life-safety inspection.
The continuance preserves the board's ability to consider whether the cap-off permits were appropriately issued and gives DBI time to assemble historical records and identify any imminent hazards. Parties were advised to be present at the June hearing and DBI to prepare a written permit-history and life-safety summary.
