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Board denies jurisdiction in long-running enforcement case at 2344 Market Street

San Francisco Board of Appeals · May 11, 2011
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Summary

Planning staff described an enforcement history at 2344 Market Street with a $50,000 accrued penalty for noise-condition violations; the Board voted 4–0 to deny the jurisdiction request and left enforcement actions to Planning, DPH and other city agencies.

The Board of Appeals on May 11 denied a jurisdiction request concerning an enforcement action at 2344 Market Street, where Planning staff described a multi-year failure to comply with conditions that contained noise within the facility and other requirements. Planning staff said the project sponsor was nonresponsive to multiple notices and that the department had sought revocation or other enforcement measures before filing this jurisdiction request.

Scott Sanchez (Planning) called the case "an extremely frustrating enforcement case" and told the Board the department had expected the sponsor to file required building permits after a planning-commission amendment and that penalties had accrued. Sanchez said the department had required filing of building permits and had pursued outreach and enforcement; he reported an outstanding penalty balance of roughly $50,000.

Commissioner Fung moved to deny jurisdiction and the Board voted 4–0 to deny the request, leaving Planning and related city departments to pursue enforcement remedies, including penalties, permit compliance and potential referrals to public-health enforcement or collections if compliance is not achieved.

Planning said next steps could include billing collections, revocation of health permits, or referral to the City Attorney for enforcement.