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Board continues penalty appeal over unpermitted plumbing at 839 London Street to Feb. 24
Summary
The Board of Appeals continued Nelson Diaz’s penalty appeal for unpermitted plumbing at 839 London St., directing DBI to investigate and seeking participation by the property owner; commissioners expressed sympathy for Diaz.
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The San Francisco Board of Appeals on Jan. 20 continued an appeal over a penalty for unpermitted plumbing work at 839 London Street to Feb. 24, after hearing testimony from Department of Building Inspection staff and the resident who performed emergency repairs.
Lawrence Kornfield of DBI said inspectors responded to a complaint and found a sewer replacement and water-service work performed without a permit. DBI posted a notice of violation Oct. 27 and a permit was later issued Nov. 10. Resident Nelson Diaz told the board he undertook repairs at night to help largely senior occupants who could not relocate; he said he acted with owner permission as an agent, paid the penalty and filing fees, and cannot afford the costs. Diaz said roughly 7 rooms housed many seniors and he had attempted to protect them.
Commissioners debated whether the owner or the person who performed the work bears ultimate responsibility under code. Several members expressed sympathy for Diaz and urged DBI to seek the owner’s participation; one commissioner proposed reducing the penalty to the minimum and a refund of appeal fees, but the board instead voted 5-0 to continue to Feb. 24 to allow DBI to investigate further and to issue any revised paperwork against the owner if appropriate.
DBI said the permit and penalty were issued to the owner or the owner’s agent; staff noted the contractor listed on the permit was a licensed plumbing contractor. The board’s continuance gives DBI time to revisit the plumbing inspector’s findings and to seek additional records and attendance by the owner at the next hearing.
