105A.2 Abatement Appeals Board.

105A.2 Abatement Appeals Board.

105A.2.1 Establishment. There is hereby established an Abatement Appeals Board, consisting of the seven members of the Building Inspection Commission, to pass upon matters pertaining to housing, building and construction.

105A.2.2 Membership. Members of the Abatement Appeals Board shall be the Building Inspection Commission who are appointed and serve for the terms as prescribed by the Charter of the City and County of San Francisco. The Building Official or designee shall act as Secretary to the Abatement Appeals Board.

105A.2.3 Powers. Except for cases involving disabled access, which shall be heard by the Access Appeals Commission, the Abatement Appeals Board shall have the power to hear and decide appeals from Orders of Abatement after public hearing by the Building Official of Building Inspection, and to hear appeals regarding the issuance of a final bill for assessment of costs imposed pursuant to Section 102A upon a showing of substantial error by the Department. Appeals for assessment of cost must be filed by the property owner in writing with the Secretary of the Abatement Appeals Board within 15 days of the mailing of the assessment of cost notice. See Section 110A, Table 1A-D – Standard Hourly Rates, and Table 1A-K – Penalties, Hearings, Code Enforcement Assessments – for applicable fees. The Abatement Appeals Board may uphold, modify or reverse such orders, provided that the public health, safety and public welfare are secured most nearly in accordance with the intent and purpose of this code and the San Francisco Housing Code.

105A.2.4 Procedure. The Abatement Appeals Board shall establish reasonable rules and regulations for its own procedures consistent with the provision of this code and the Charter of the City and County of San Francisco. The Abatement Appeals Board, by majority vote, shall choose its officers which shall consist of the President and Vice-President.

105A.2.5 Quorum. Four members of the Abatement Appeals Board shall constitute a quorum. Any action of the Abatement Appeals Board shall require the concurrence of four members. No member of the Abatement Appeals Board shall pass upon any case in which the member, or any corporation in which the member is a shareholder, or holds an interest.

105A.2.6 Hearings. All hearings of the Abatement Appeals Board shall be public hearings. Within 10 days after the filing of an appeal, the Abatement Appeals Board shall fix the time and place for a hearing, which shall not be more than 30 days after the date of filing. The notice of the hearing of such appeal shall be posted in a conspicuous place upon the property that is the subject of the appeal and shall be served upon the appellant and transmitted to the Building Official of Building Inspection at least 10 days prior to the date set for the hearing. Once an appeal is filed, the order of the Building Official shall be stayed until a decision is rendered.

For good cause shown, one continuance of a hearing may be granted by the Abatement Appeals Board; such continuance shall not exceed 60 days.

105A.2.7 Rehearing. The Abatement Appeals Board may rehear an appeal upon which a decision has been rendered, provided a request for a rehearing has been made in writing within 10 days of the date of issuance of the decision.

105A.2.8 Findings and decisions. The Abatement Appeals Board shall issue its findings and decisions no later than 10 days after the conclusion of the hearing. Such findings and decisions shall within five days thereafter be posted in a conspicuous place upon the property that is the subject of the appeal, served on the appellant, and transmitted to the Building Official.

105A.2.8.1 Failure of appellant to appear. In the event the appellant fails to appear at the hearing or if the Abatement Appeals Board fails to issue its findings and decisions within the time set forth above, or denies the appeal, the order of the Building Official shall be immediately effective from the date the order was issued; however the time that the matter was under appeal shall not be counted toward the time set in the order for compliance.

EXCEPTION: Except in cases of lack of quorum, failure of the Abatement Appeals Board to meet any of the time periods specified herein shall result in the Building Official’s order taking effect immediately.

105A.2.8.2 Life-safety hazards. In any appeal of a decision where the Abatement Appeals Board finds that there exists in, on, or near any building, structure or property, any condition constituting a serious and imminent hazard to the life, health, or safety of any person, structure, or property, any decision of the Abatement Appeals Board modifying the order of the Building Official shall provide for immediate protection of the public, and that work to correct each such hazard commence within 30 days and be completed within 90 days after service of such decision. With respect to violations which are not found by the Abatement Appeals Board to constitute a serious and imminent hazard, any decision of the Abatement Appeals Board modifying the order of the Building Official shall provide that the work to repair such violations commence within 60 days and be completed within a reasonable time, not to exceed 18 months.

105A.2.8.3 Moratorium – financial hardship. In any case of extreme financial hardship, the Abatement Appeals Board may grant a moratorium to correct conditions which are not serious and imminent hazards. Such a moratorium shall be granted only to an owner occupant of a single- or twofamily dwelling where all such serious and imminent hazards, as found by the Building Official, have been corrected. The decision of the Abatement Appeals Board in any case in which a moratorium is granted shall contain the duration of the moratorium and the conditions for its termination. A copy of the decision granting a moratorium shall be recorded in the Assessor-Recorder’s Office.

ngle- or twofamily dwelling where all such serious and imminent hazards, as found by the Building Official, have been corrected. The decision of the Abatement Appeals Board in any case in which a moratorium is granted shall contain the duration of the moratorium and the conditions for its termination. A copy of the decision granting a moratorium shall be recorded in the Assessor-Recorder’s Office.

105A.2.8.4 Moratorium – displacement. Notwithstanding the provisions of this code and the San Francisco Housing Code, the Abatement Appeals Board, upon the written appeal of any person, may grant a moratorium from enforcement of an order of the Building Official made pursuant to Section 102A in order to prevent displacement of low and moderate income persons from affordable housing, if the Board finds that:

1. The Building Official’s order from which the appeal is taken was issued after April 1, 1986; and

2. The property is a Group R, Division 1 building as defined in this code; and

3. The building was constructed prior to January 1, 1956; and

4. The condition does not constitute a serious and imminent hazard or a life hazard as defined in Section 213 of this code; and

5. The condition does not violate the Fire Code or any code other than this code and the San Francisco Housing Code; and

6. The condition does not affect adequate egress from the building; and

7. The condition does not endanger the life, limb, health, property, safety, or welfare of the public or the occupants of the building; and

8. Fifty percent or more of the households living in the building are paying annual rent equal to or less than 30 percent of the annual rent of low and moderate income as determined in Section 104A.4 of the Building Code; and

9. The abatement of the condition will have a reasonable probability of resulting in the displacement of occupants who are of low and moderate income as defined above.

105A.2.8.5 Findings. The Board shall serve the Building Official, the property owner, and the person requesting the moratorium if other than the property owner, by sending a copy of its findings and decision by certified mail to such persons at their last known address. A copy of the findings and the decision granting a moratorium shall be recorded in the Assessor-Recorder’s Office.

105A.2.8.6 Term of moratorium. The maximum term of the moratorium shall be 10 years from the date that the Board’s findings and decision are served on the Building Official. At any time during the term of a moratorium under this section, any person may request that the Abatement Appeals Board extend the moratorium for one or more five-year periods by filing a written request with the Secretary of the Board. The Board shall hold a hearing on the request and shall issue separate findings and decisions regarding each request for an extension. The findings must address the nine criteria listed in this section. Any request for an extension of the moratorium shall be subject to the notice and hearing procedures of this section.

five-year periods by filing a written request with the Secretary of the Board. The Board shall hold a hearing on the request and shall issue separate findings and decisions regarding each request for an extension. The findings must address the nine criteria listed in this section. Any request for an extension of the moratorium shall be subject to the notice and hearing procedures of this section.

105A.2.8.7 Rescission of moratorium. At any time during the term of a moratorium, any person, including the Building Official, may request that the Abatement Appeals Board rescind the moratorium by filing a written request with the Board. The Board shall hold a hearing on the request and issue separate findings and decisions regarding each such request for a rescission. Any request for a rescission of the moratorium shall be subject to the notice and hearing procedures of this section.

105A.2.8.8 Violations listed. The moratorium shall apply only to those code violations expressly listed therein. All other violations which exist and are not so listed in the findings and decisions granting the moratorium shall be abated in accordance with Section 102A.

105A.2.8.9 Duration. Once the Board’s order granting a moratorium is issued, the building is no longer considered a nuisance or a substandard building for the duration of the moratorium with respect to those code violations expressly listed in the Board’s findings and decisions.

105A.2.9 Failure to comply. Upon the failure of any owner to comply with the order of the Building Official or the Abatement Appeals Board, the matter shall be referred within five days to the City Attorney’s Office for appropriate legal action.

105A.2.10 Compensation. The members of the Abatement Appeals Board shall serve without compensation.