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Board reduces DBI penalty to twice the regular fee for owner of 1631 11th Ave
Summary
The Board voted 5-0 to reduce a penalty for construction without a permit at 1631 11th Avenue to two times the regular fee after DBI staff said the owner did not possess the property when the work occurred.
The San Francisco Board of Appeals voted unanimously to reduce the penalty imposed for unpermitted construction at 1631 11th Avenue to two times the regular fee.
Inspector Joseph Duffy, speaking for the Department of Building Inspection, told the Board the department was "willing to reduce the penalty to 2 times because I believe Mr. Wong did not own the property at the time the work was done." Owner Ben Wong told the Board he purchased the property in 2003, said the third unit had been vacant most of the time and that he had "collected a few months" of rent but did not know the unit was illegal: "I didn't know I didn't know it was, illegal."
Commissioner Michael Garcia moved to accept the department’s recommendation to reduce the penalty to two times the regular fee; the Board’s roll call recorded five ayes. The reduction lowers the sanction the owner will pay but does not remove the requirement to legalize alterations under building and planning rules.
The Board took no additional enforcement action at this hearing; the department remains responsible for any follow-up inspections or permits needed to legalize the units.
