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Board reduces Martin Max penalty to $100 per day for a defined accrual period
Summary
The Board granted the appeal by the owners of Martin Max restaurant/bar and reduced the NOV penalty to $100 per day running from Sept. 8, 2009 to Nov. 24, 2009; the modification passed unanimously (5–0).
The Board of Appeals on May 11 granted an appeal by Martin Max (Haight Street) and modified a notice-of-violation penalty. Planning staff summarized a multi-step enforcement timeline that began with an enforcement notice in summer 2009 and, after review, recommended the Board consider reducing penalties in recognition of the appellant’s subsequent efforts to come into compliance.
Owner Brian Maloney told the Board his business was willing to work with Planning to legalize the expanded use. Planning staff Scott Sanchez told the Board the total penalty assessed at $2.50 per day between the assessed dates amounted to $56,250; he noted a code minimum of $100 per day if the Board chose to reduce the daily amount. After deliberation the Board granted the appeal, reduced the daily penalty to $100 and set the accrual period from 09/08/2009 through 11/24/2009, producing a substantially reduced total assessment. The motion was unanimous, 5–0.
The Board credited the appellant’s effort to proceed with the conditional use application and applied discretion in setting both the daily rate and the accrual window.
