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Board upholds revocation for unlawful demolition at Fourth Avenue property; DBI outlines enforcement steps

San Francisco Board of Appeals · February 6, 2008
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Summary

After neighbors said the property owner failed to reach a settlement, the Board of Appeals upheld the director's revocation of a permit tied to an unlawful demolition and instructed DBI to pursue stabilization or demolition as needed.

The Board of Appeals upheld the Department of Building Inspection’s revocation and notice of decision for a property on Fourth Avenue, finding that efforts to settle neighbor complaints had not produced a viable compromise.

Neighbors told the board they continued to experience leaks and structural concerns and that the property owner had not been responsive to damage claims. Commissioners said they had offered opportunities for negotiated resolution but saw "no movement" by the owner to satisfy neighbors’ concerns.

The motion to uphold the revocation and notice of decision passed 4–0. After the vote, Chief Building Inspector Lawrence Kornfield described next steps for DBI enforcement: "We will either require it to get short and stabilized and enclosed and secured…and if the owner fails to do what we're asking, it's likely that we will proceed to do it ourselves and bill the owner," he said. DBI indicated it would consult with the director and possibly the city surveyor or public-works surveyor to carry out required measures.

The board also noted the owner retains the right to request rehearing within the statutory period or to apply for a new permit consistent with the director’s decision.