Board trims penalties in two building-permit appeals, citing mitigating circumstances

The San Francisco Board of Appeals on Nov. 4, 2009 reduced investigation penalties in two appeals of Department of Building Inspection enforcement actions.

In appeal number 99-93 (9 and 9A Imperial Avenue), owner Melissa Stuckey appealed a penalty based on DBI’s finding of about $5,000 of work performed without a permit. Stuckey described doing repairs and renovations to make an apartment habitable and said she believed the work was maintenance that did not require permits. DBI inspector Lawrence Kornfield described the scope as exceeding minor patching, noting removal of bathroom fixtures, plumbing work and interior remodel elements. After hearing statements from Stuckey, DBI and brief public questioning, President Frank Fung moved to reduce the penalty to three times the regular fee to reflect mitigating circumstances; the motion passed 4–1 (Commissioner Mandelmann opposed).

In a separate matter (appeal O9-108, 339 Hale Street), the Board reviewed a long-running enforcement and abatement case involving added walls/deck work and structural bracing at the rear of a home. The permit holder’s representative said work was intended to stabilize an aging staircase; the department described abatement costs and a multi-year enforcement history. Commissioners balanced concerns about unpermitted structural work with evidence the owner acted without full knowledge and concluded a reduction to five times the regular fee was appropriate to cover costs and abatement without imposing the maximum penalty. That motion passed 4–1.

In both cases commissioners emphasized the importance of owner education about permit requirements, the role of DBI guidance, and the board’s discretion to consider equitable and factual circumstances when weighing penalties. The Board recorded roll-call votes for both motions.