Board grants jurisdiction to Ike’s Place over zoning‑violation penalty

The San Francisco Board of Appeals voted to grant jurisdiction to Ike’s Place on Nov. 17, 2010, reopening an appeal of a zoning-administrator notice of violation issued July 13, 2010 for alleged illegal commercial activity at 3506 16th Street (also listed as 282 Sanchez Street). The grant reopens a 15‑day appeal window.

Agent Ali Ferritus told the Board the business received notice after the 15‑day appeal window because certified mail was routed to multiple addresses, and that the operator had been negotiating with the landlord and in litigation that impeded a timely appeal. Ferritus asked the Board to accept jurisdiction so the parties could “flush out the issues of what was happening” and address whether penalties were assessed against the correct party.

Landlord representative Michael Wattell said the landlord had initiated an unlawful detainer in March 2010 and that Ike’s Place’s use permit issues were known to the plaintiff’s counsel at that time. Planning Department staff (Scott Sanchez) presented a timeline showing an enforcement notification on April 21 and a notice of violation and penalty on July 13; Sanchez told the Board the penalty accrues at $250 per day and noted certified mail receipts indicating the notice was received within the appeal period.

Commissioners said they were willing to consider reduction of penalties later, but the matter before them was whether to accept jurisdiction. Commissioner Michael Garcia moved to grant the jurisdiction request; the motion passed 5–0. The Board directed that a new 15‑day appeal period shall open.