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Abatement board confirms order of abatement for 28 Niagara Avenue after owner fails to appear
Summary
The Abatement Appeals Board unanimously confirmed the order of abatement for 28 Niagara Avenue on Feb. 18, 2026, after the property owner failed to appear and the city confirmed written notice. City staff had documented unpermitted construction, an expired permit and outstanding safety concerns.
The Abatement Appeals Board on Feb. 18 confirmed an order of abatement for 28 Niagara Avenue after the appellant failed to appear at the hearing and the city confirmed notice was properly provided. The board voted unanimously to find the appellant was notified and to make the July 8, 2025 order effective.
Mauricio Hernandez, representing the Department of Court Enforcement, told the board the case began with a telephone complaint on Jan. 12, 2022 and that inspectors found framing, footing work and interior construction performed without permits. Hernandez said a notice of violation was issued Feb. 1, 2022, a permit application was issued in July 2022 but expired without final inspections, and a final warning was sent Aug. 26, 2024. "No evidence of full abatement has been provided," Hernandez told the board and recommended upholding the order and the assessment of enforcement costs.
Deputy City Attorney Jesse Minardi advised the board that when an appellant fails to appear the board must confirm for the record that written notice of the hearing was properly provided; once that finding is made the order becomes immediately effective. Minardi said certified mailing, site posting and email contact were documented in the department's file. Commissioners asked follow-up procedural questions about timing and service; the board then voted to confirm notice and to allow the order to stand.
The board did not take further testimony from the owner because no representative was present at the start of the hearing; the record shows staff had attempted certified mailing, on-site posting and e-mail and phone contact to the addresses and numbers listed in the appeal application. The order of abatement and enforcement-cost assessment remain in effect; any further relief or challenge would need to be pursued through the administrative or judicial processes available to the appellant.
The board moved on to the next agenda items after the unanimous vote.
