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Board halves penalty standardly, reducing fine for 611 Jones to twice the fee

San Francisco Board of Appeals · May 11, 2011
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Summary

The Board reduced the penalty for construction without a permit at 611 Jones Street, cutting it to two times the standard fee after DBI reported the owner promptly obtained a permit the same day an NOV was issued.

The San Francisco Board of Appeals voted unanimously on May 11 to reduce the penalty for unpermitted work at 611 Jones Street to twice the regular fee. Department of Building Inspection senior inspector Joseph Duffy told the Board an NOV was issued on March 11, 2011 and that the property owner obtained the required permit the same day.

"Someone came right in and took care of the permit," Duffy said, recommending the penalty be reduced to two times the amount typically charged in such counter situations. Property owner Taso Maricis described the condition of the unit after tenant move-out and said he would not have knowingly avoided permits: "If I knew then what I know now, I would have gone in for permits because the work was more than I thought it would be."

Commissioner Frank Fung moved to reduce the penalty to twice the regular fee; the motion passed 4–0 (Commissioners Fung, Goh, Garcia and Huang voting aye; Commissioner Peterson absent). The Board instructed staff to record the modified penalty in the NOV file and close the appeal with the reduced assessment.

The Board’s action reflects DBI’s view that prompt corrective action (obtaining a permit on the same day the NOV issued) and the modest nature of the work supported mitigation.