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Housing Appeals Board waives $1,000 third administrative penalty in Liston appeal; earlier fines remain city liability
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Summary
The board recalled appeal EN23-0650 for 1310 Putnam Street, heard that the owner reported work completed and that inspectors verified remediation; the board voted to waive the $1,000 third administrative penalty, while first- and second-offense penalties remain owed to the city and subject to collection.
The Housing Appeals Board recalled appeal EN23-0650 for 1310 Putnam Street (parcel 58-02514). Ron, a city code inspector, told the board: "On October 27, mister Liston called me, told me that he had completed everything. I went out the same day. Everything that was on the list had been taken care of." (S4)
After the inspector described that the property was now in the process of being sold, Committee member S3 moved to waive the $1,000 third administrative penalty; committee member S1 seconded. The chair called for a voice vote, and the motion carried by ayes; no roll-call tally was recorded in the transcript.
Board members and staff clarified that waiving the third administrative penalty does not erase earlier penalties the owner failed to appeal in time. Mr. Stewart (S5) explained the legal posture: if an owner failed to file timely appeals on the first and second administrative penalties, those decisions are "res judicata" and remain obligations the city may collect. The board does not have jurisdiction to retroactively overturn a timely-decided administrative penalty that was not appealed within the required period.
Why it matters: the board's action resolved the immediate third-level penalty after staff verification of remediation, but earlier unpaid penalties remain a separate matter for the city and any collection processes.
The board did not record a detailed vote roll call in the transcript; the action was taken by voice vote after the motion and second.
Next steps: the transcript indicates the city retains authority to pursue collection of prior unpaid fines; the board’s action closed the appeal before it for the third penalty.
