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Board trims building‑code penalty at 1900 Eddie Street, citing buyer’s lack of notice

San Francisco Board of Appeals · August 5, 2009
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Summary

After hearing that much of the cited plumbing work predated new ownership, the Board of Appeals voted 4‑1 to reduce a nine‑times penalty to two‑times the regular fee for the property at 1900 Eddie St.

The San Francisco Board of Appeals voted on Aug. 5 to reduce a penalty levied under the building code against the owners of property at 1900 Eddie Street for plumbing work performed without permits.

Lawrence Kornfield, chief building inspector and deputy director for the Department of Building Inspection, told the board the department’s standard penalty for unpermitted work is generally nine times the permit fee when large or multiple violations are found. He told the board inspectors documented extensive unpermitted plumbing work at the property and noted the department can reduce penalties to two times the permit cost in cases involving prior owners.

Randy Hobbs, who said he bought the property from the city and then discovered violations, told the board he and his team promptly opened permits and corrected the work after learning about the notice of violation. "We purchased all the plans from the city… We had formulated a plan to take care of all open permits," Hobbs said, arguing a nine‑times assessment would be unfair because much of the work was done by a previous owner.

Commissioners pressed staff about when the notice of violation was issued relative to the transfer. Kornfield said the complaint date suggests the NOV was issued after the transfer, but inspectors found the unpermitted work predated the sale. Commissioner Michael Garcia moved to reduce the penalty to two times the regular fee; the motion carried 4‑1 (Commissioner Kendall Goh voted no). The reduced penalty was recorded as the board’s decision.

The board’s action modifies the department’s initial calculation but leaves the department’s authority to impose other penalties intact.