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Board upholds permit for utility decapping at 1285/40 Fifth Ave., but requires work within three months of vacancy
Summary
The San Francisco Board of Appeals upheld a Department of Building Inspection permit to cap plumbing/electrical at a ground-level illegal unit at 1285/40 Fifth Avenue on condition the permit holder complete work and abate the notice of violation within three months of the unit’s vacation. DBI and neighbors had clashed over enforcement timing.
The San Francisco Board of Appeals on June 13 upheld a Department of Building Inspection permit to cap plumbing and electrical at a ground-level unit at 1285/40 Fifth Avenue, but imposed a timeline intended to speed abatement of an unsafe, illegal dwelling. Vice President Frank Fung moved the condition and the board approved it in a 3–0 vote.
The board’s action addresses competing aims: the building department’s record that the unit is an “illegal dwelling unit,” and the permit holder’s argument that the corrective permit is a lawful step. DBI Inspector Joe Duffy told the board he had cited the unit as illegal and that the case had two notices of…
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