Abatement Appeals Board - February 18, 2015 - Minutes

Meeting Date: 
February 18, 2015 - 9:00am
City Hall, Room 416

PDF icon AAB Minutes 02-18-15.pdf



  Wednesday, February 18, 2015 at 9:00 a.m.
  City Hall, 1 Dr. Carlton B. Goodlett Place, Room 416
  ADOPTED April 15, 2015



The meeting of the Abatement Appeals Board for Wednesday, February 18, 2015 was called to order at 9:10 a.m. and a roll call was taken by Commission Secretary Sonya Harris, and a quorum was certified.

        Kevin Clinch, President        
        Myrna Melgar, Vice-President
        Frank Lee, Commissioner            
        Warren Mar, Commissioner 
        Angus McCarthy, Commissioner        
        Dr. James McCray, Jr., Commissioner
        Debra Walker, Commissioner
        Sonya Harris, Building Inspection Commission Secretary

        Edward Sweeney, Secretary to the Board
        Rosemary Bosque, Chief Housing Inspector
        John Hinchion, Senior Building Inspector
        Teresita Sulit, Recording Secretary
        Zachary Porianda, Deputy City Attorney

B. OATH:  Commission Secretary Harris administered an oath to those who would be giving testimony.

C. APPROVAL OF MINUTES:     Discussion and possible action to adopt the minutes for the meeting held on December 17, 2014.

Vice-President Melgar made a motion, seconded by Commissioner Mar, to approve the minutes of December 17, 2014.

Commission Secretary Harris asked for public comment and there was none.  The minutes were approved.  

The motion carried unanimously.  

D. PROGRESS REPORT:  Case No. 6791 Complaint No. 201463716, 921 Central Avenue.  Staff will give an update on the status of the work from January 21, 2015 AAB hearing.

Chief Housing Inspector Rosemary Bosque reported information was given by the Mayor’s Office of Housing and Community Development’s Lead Hazard Control Grant Program indicating they are proceeding to work with the Appellant to get documents executed and move forward with the grant for the repairs.  There are still some issues that are outstanding, and as a courtesy to the Appellant, Chief Bosque declined to state what they are, but those issues are being resolved.  The work has not begun.  The AAB provided time until March to complete work at the January meeting.  Chief Bosque stated she hoped the issues can be resolved and will return to provide a recommendation at the March AAB meeting.   

Members of the Abatement Appeals Board (Kevin Clinch, Myrna Melgar, Frank Lee, Warren Mar, Angus McCarthy, Debra Walker and James McCray, Jr.) made comments, and asked various questions of DBI staff and the Appellant pertaining to the Appeal. 

It was requested that Item F be heard, and all Commissioners agreed.  

F. NEW APPEALS:  Order of Abatement(s).

1. CASE NO. 6799:  1235V Sansome Street

Owner of Record and Appellant:  Eric Woods, 42309 Winchester Road, Temecula, CA 92590

Owner of Record and Appellant:  Woods, Herbert & Helen & Eric, 67 Millay Place, Mill Valley, CA 94901

ACTION REQUESTED BY APPELLANT:  Appellant requests that the AAB modify the Order of Abatement to grant additional time to obtain required permit.

NOTICE OF DECISION:  A duly noticed hearing before the Abatement Appeals Board (AAB) concerning the property located at 1235V Sansome Street was scheduled for February 18, 2015.  At the request of the Appellant, the matter is continued for the next AAB hearing.

Secretary Harris stated that the case was requested to be continued, which the AAB granted. 

Secretary Harris called for public comment, and there was none. 

E. CONTINUED APPEALS:  Order of Abatement(s).

1. CASE NO. 6796:  411 Marina Blvd.
Owner of Record and Appellant:  Angelica Phillips Irrevoc Trust, Frank Passantino, Regina Passantino Irrevocable Trust, 411 Marina Blvd., San Francisco, CA 94123

    Attorney for the Appellant:  John Kevlin, Reuben, Junius & Rose LLP, One Bush Street, Suite 600, San Francisco, CA 94104

    ACTION REQUESTED BY APPELLANT:  Reverse Order of Abatement or grant a 10-year moratorium on the Order under Section 105A.2.8.3 of the San Francisco Building Code.  

NOTICE OF DECISION:  The Abatement Appeals Board (AAB) heard oral testimony and reviewed the documentary evidence provided by the Department of Building Inspection, the Appellant and other interested persons.  After deliberation of the evidence submitted and the relief sought, the AAB made the following findings and decision:

1. The AAB voted unanimously to UPHOLD the Order of Abatement.
2. The Board voted unanimously to GRANT Appellant’s request for a moratorium on enforcement due to financial hardship under San Francisco Building Code § 105A.2.8.3, with the following conditions:
a. The duration of the moratorium shall be for 10 years or until the current occupant of the lower level no longer resides on the property, whichever event occurs first;
b. If the current occupant no longer resides in the lower level, the property owners/Appellants must notify DBI within a time limit which will be set by the AAB and DBI must file a written request for the AAB to rescind the moratorium;
c. No modifications may be made to the lower level of the property during the duration of the moratorium;
d. Appellants shall submit a floorplan documenting the existing conditions and layout of the lower level of the property;
e. Appellants shall submit written documentation from DBI confirming that no life safety conditions exist and no other code violations are evident in the lower level of the property;
f. Fees will be imposed up until the date of this decision, but will not accrue during the moratorium.

Appellants shall submit the required documentation listed above to the AAB Secretary no later than March 11, 2015.  After the AAB receives the documents, the AAB will prepare and consider written findings supporting its decision to grant the moratorium at a regularly-scheduled meeting.  Appellants will be notified in advance of the meeting.  After the AAB adopts the written findings, the Department shall record the moratorium in the Assessor-Recorder’s Office.  

Senior Building Inspector John Hinchion stated that this was a single family dwelling.  The violation related to an installation of a kitchen.  There was a Director’s Hearing on May 24, 2013 in which an Order of Abatement was issued.  There are no permits filed to address the violation therefore staff recommendation was to uphold the Order of Abatement and impose Assessment of Costs.    

John Kevlin, Reuben, Junius & Rose LLPP and Attorney for the Appellant, stated Senior Inspector Joe Duffy conducted an inspection and confirmed there were no life safety issues.  In deciding how to move forward, the Appellant maintained the request to the AAB for the 10 year moratorium and enforcement of the Order of Abatement due to financial hardship.  The Appellants mother now lives at the unit, she cannot live independently and it would be too costly for her to live in an assisted living home in that neighborhood.  The Appellant did look into legalizing the unit but the sole purpose was to provide living accommodations for her.  The Appellant does not desire to create a second unit at the property.  

Members of the Abatement Appeals Board (Kevin Clinch, Myrna Melgar, Frank Lee, Warren Mar, Angus McCarthy, Debra Walker and James McCray, Jr.) made comments, and asked various questions of DBI staff and the Appellant pertaining to the Appeal.

Commissioner Mar made a motion, seconded by Vice-President Melgar, to uphold the Order of Abatement, grant the moratorium with the considerations that the moratorium be upheld for 10 years or until the tenant moves out, no further modifications may be made during the moratorium, a floor plan be submitted documenting the existing conditions and documentation be submitted to the Department confirming that there are no Code violations.  Assessment of Costs to be paid until now, no fees will apply during the time of the moratorium.

Secretary Harris called for public comment and there was none.  She proceeded with a roll-call vote:

            President Clinch        Yes
            Vice-President Melgar    Yes
            Commissioner Lee    Yes
            Commissioner Mar    Yes
            Commissioner McCarthy    Yes
            Commissioner McCray, Jr.        Yes
            Commissioner Walker            Yes

The motion carried unanimously.


There was no General Public Comment for items not on the Abatement Appeals Board Agenda.


Commissioner Walker made a motion, seconded by Vice-President Melgar, that the meeting be adjourned. 

The motion carried unanimously.

The meeting was adjourned at 9:28 a.m.


      Respectfully submitted,


                            Adriana Ortiz, Senior Clerk


                            Edited by:  Sonya Harris, BIC Secretary