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Board halves penalty for unpaid window permit after appellant cites hardship
Summary
Irene Acosta appealed a nine-times penalty for replacing windows without a permit. The Board of Appeals reduced the penalty to two times the regular fee, citing the appellant’s unemployment and reliance on an experienced contractor; the vote was unanimous.
The San Francisco Board of Appeals granted an appeal by Irene Acosta on June 29 and reduced a Department of Building Inspection penalty for unpermitted window replacement at 20 Walter Street to two times the standard fee.
Acosta told the board she replaced windows to improve insulation and match neighbors after an informal assurance from a contractor; she said she was unemployed and had to withdraw money from her retirement to pay for the work. DBI staff explained the department issued a notice of violation in April 2011 and that the permit application was filed in May 2011; DBI suggested a reduction but not to the minimum given timeliness and administrative processing.
Commissioner Frank Fung moved to grant the appeal and reduce the penalty to two times the regular fee on the basis that Acosta is unemployed and relied on an experienced contractor; Commissioners voted 4–0 to approve the reduction. The board recorded that the permit application was processed and that some planning requirements about matching materials may require further work, but the penalty as assessed for DBI enforcement was reduced.
