Abatement upheld for 123420 Fourth Avenue; assessment of costs held 90 days while owner completes work

The San Francisco Abatement Appeals Board on Thursday upheld an order of abatement and assessment of costs for 123420 Fourth Avenue but unanimously voted to hold the assessment of costs for 90 days to allow the owner time to finish work or secure any required permit revision.

The case, listed as appeal number 6906, stems from a notice of violation first issued June 5, 2019, tied to a building permit issued in 2004 to replace exterior stairs. John Hinchen, acting chief billing inspector for Code Enforcement, told the board the department’s inspection history shows a 2004 permit that expired without completion and inspection notes from January and February of this year indicating the field conditions did not match approved plans. Based on the record, the department recommended upholding the abatement and imposing the assessment of costs.

Owner and appellant James D. Wagner told the board he has a valid permit that does not expire until September and that District Inspector Bill Walsh inspected the work the day before the hearing and indicated the owner could proceed. Wagner said he is owner-occupant, has been doing the work himself because he cannot afford a contractor, and that his annual income is under $10,000. He asked the board not to impose a fine while he continues work under the active permit.

Board members and staff discussed a discrepancy in the inspection record: an earlier January inspection note stated the stringers in the field were 2-by-8 where plans required 2-by-10, which would typically require a revision. Staff and several commissioners said an engineer’s letter or an in-field meeting between the owner’s engineer and city inspection staff could, in some cases, avoid a formal revision if it demonstrates the field change is structurally acceptable or is corrected.

Commissioner Beto moved to uphold the order of abatement and hold the assessment of costs pending compliance; the motion initially referenced a September deadline and was seconded by Vice President Tam. Commissioner Alexander Toot proposed amending the motion to follow the board’s standard practice and hold the assessment for 90 days. The board approved the amended motion and then carried a roll-call vote in which all commissioners voted yes.

Under the board’s action, the order of abatement remains in place. The assessment of costs will not be imposed for 90 days while the owner continues work or pursues any necessary revision permit; if a revision is required, the board directed that the assessment timeline be extended to accommodate the revised permit process.

The board had no general public comment on the item and adjourned the meeting at 9:50 a.m. The board indicated it would resume shortly as the Building Inspection Commission.