>> good afternoon today is wednesday, march 20, 2024. turn the volume up. >> this is the regular meeting of iba aba like to remind everyone to mute yourself if not speaking. >> roll call. >> president neumann here, here. >> vice president chavez here.

>> commissioner shaddix here. >> commissioner sommer here. >> commissioner williams and commissioner alexander-tut is excused we have quorum next, i will administrator the other will all parties please stand and raise your right hand that plan to testify do you solemnly swear or affirm the testimony you're about to give will be the whole truth and nothing but the truth? acknowledge thank you, you may be seated. >> okay. next, we have land >> okay. next, we have land on the unceded ancestral homeland of the ramaytush (rah-my-toosh) ohlone (o-lon-ee) who are the original inhabitants of the san francisco peninsula. responsibilities as the caretakers of this place, as well as for all peoples who reside in their traditional territory.

ramaytush ohlone community and by affirming their sovereign rights as first peoples. >> thank you. >> (rustling of papers.) members of the public who may be lang in lang in our call in lang in our call in lang in our call in 655-0001 access code: 2664 027 4172 to raise your hand, press *3 when prompted by the meeting moderator. and also the remote meeting access (webex) to watch via webex application on your desktop/laptop: https://bit.ly/3t2orob. >> like to read for the record and people 1924 are in

attendance the department will present itself case first and then oh - i was reading this we're not going to call the case sorry. >> (unintelligible). >> the department will present itself case first and each side has 7 minutes and public comment and members have three minutes to speak and lastly, three minutes for the department. and i was reading that information for everyone edification we have our agenda items to speaker. >> >> b. election of the aab president and vice president serving during the 2024 calendar year: (discussion and action) abatement appeals board required the board to elect a president

and vice president in each year or the first meeting held therefore. >> any public comment on the tomb of the election of the president and vice president? >> none remotely and um, then commissioners we have any - >> i'd like to propose that um, vice president chavez be president. >> i'll simulate second that. >> second. >> is that something will you accept that (laughter.) >> so the first vote for president so there was a motion by president neumann and a seconded by commissioner shaddix for vice president chavez to be president. >> and i will do a roll call vote on that motion.

>> president neumann, yes. >> vice president chavez, yes. >> commissioner shaddix i didn't see. >> commissioner sommer, yes. and commissioner williams okay. that motion passes. and congratulations. >> next um, have the item of vice president is there a motion to nominate someone for vice president. >> i'd like to nominate president neumann as vice president and. okay. >> is there a second? >> i'll second. >> so there is motion by commissioner shaddix and seconded by vice president chavez to nominate president neumann vice president.

>> so i'll do a roll call vote on that motions. >> president neumann, yes. >> vice president chavez, yes. >> commissioner shaddix, yes. >> commissioner sommer, yes. >> commissioner williams, yes. motion passes. and congratulations to you both and which position? >> um, change the log in. >> up in a minute. >> okay. so - um, next, we have item action)discussion and possible action to adopt the minutes for meetings held on: july 20, 2022, january 11, 2024, and january 17, 2024. to approve the minutes for july 20, 2022,

january 11, 2024, and january 17, 2024, um, before i call for motion i'd like to make a correction to um, one of the minutes. for the minutes of july 2022 we apologize for the delay and so that's why they're before you today. um, but um, and the minutes one of our commissioner commissioner sommer elected to put the motion so i'll read the motion into the record there was motion at the meeting for commissioner seconded by vice president to uphold the order of abatement assessment extended by vice president and no permit required and revertsdz back a really vote

all commissioners voted in favor of that motion that was the correction for the july 20, 2022, minutes with that, any other corrections or suggestions for the minutes? >> okay. is there a motion to approve? >> motion to approve the minutes. >> second. >> okay. >> yes. >> we're doing all three of the dates the dates are july 20, 2022, january 11, 2024, and january 17, 2024. >> so there was motion to approve the commissioners by commissioner sommer and who made the second oh, president neumann. >> with the correction he read into the read and motion and second to approve my public comment on in motion? >> syrian.

>> all in favor, say "aye." >> aye. >> opposed? >> okay. the minutes are approved. thank you. >> okay. next, we have item d. >> d. change the start time of aab meetings from 9:00 to 9:30 a.m.: (discussion and action) discuss amend the arching section two a for the change regular meetings from 9:00 a.m. to 9:30 any public comment on this item first? >> any showing remotely. >> okay. it is there any commissioner discussions or a motion. >> i have one question how does that effect the meeting um, are we still able then to have those at 9:30 on the days with the aba and- >> (multiple voices). >> the day of the aba still meets but the same item is on

the big agenda in the event this meeting it can not held is there a motion? >> motion to approve. >> i'll second. >> motion by vice president chavez and seconded by commissioner shaddix and i'll do a roll call vote on that motion. >> um, vice president chavez yes. >> president neumann, yes. >> commissioner shaddix, yes. >> commissioner sommer, yes. >> commissioner williams, yes. motion passes. unanimously and next we're on to the appeals first item is e new appeals

order of >> e. new appeal(s): order of abatement (discussion and action). >> e1. case no. 6911: 102 baker st. - complaint # 202290668 owners of record & appellant: christopher a. nedeau christopher a. nedeau action requested by appellant: appellant appeals the january 12, 2023, order of abatement and assessment of costs. appellant seeks “that the order of abatement requiring painting of the building be stayed until construction can be completed.” and the does want will present their case first, they may come forward. >> may i make a disclosure i would like to disclose that someone from my firm has been contacted by a representative of the owner of this property to observe the property that person is a husband of someone that works - not engaged xhubl and

will not have an affect on my ability to new york state that disclosure. >> thank you commissioner sommer. >> okay. >> good morning. i'm the senior housing inspector and presenting the case this morning 102 baker st. lot one 2 one 9 this is a contract. >> e1. case no. 6911: 102 baker st. - complaint # 202290668 two family r-3 residential dwelling and the notice of violation was issued this case was present item three, 4 and 6 on the

violation were it's been a long time coming. >> phil do you have the power point? >> sfgov are you able to show the presentation? >> there we go. >> this is - go ahead. >> this is the front of the building as it was found. in march of 22. you can see there is a chain linked fence around that and appears unoccupied. go ahead phil. >> this is an abbreviated case summary a notice of violation and it was issued directors hearing january 12, 2023, and the owner was present a 7 day order of order of abatement was

it's been a long time coming. outstanding and an appeal was filed. >> the three bullet point is blocked by the caption that was scheduled for january 17, 2024, and asked to be continued. it was granted until february 21, 2024, and 0 objection was lodged by the petitions so it was continued until today go ahead phil. >> you can see i've got a lazer point it didn't work on this screen. below my dock you can see portals on the corners one is missing and 2, 3, 4 is the 5 from the left as you can

see some peeling points and blow the conditioner in his go ahead phil this is debris on the neighboring property shingles on the left and paint chips and piece of i'm not sure many guess a piece of the house on 102 baker st. be as you can see at the back of the better area there on the rear - go ahead phil. >> this is the roof from the south where there is a lot of roofing material. unsecured go ahead and change that photo phil this is a closer shot where the captions are blocking it but go ahead phil. >> um, this is a lose piece of sheet metal that sheet is up and

down quite an angel and a in dan gesture of falling this is the peeling paint we've asked the owner to abate and cover the new area. >> this is another area as you can see peeling paint. next slide, please. this is the rear of home. more peeling paint. next slide, please. this is also the rear of the home the pledging stacks and pealing paint condition. next slide, please. the rear of the building from the north. next slide, please. so the division recommendations to uphold the order of abatement and to assess all costs thank

you, commissioners. and the appellant could now come forward. >> i uses that own the other side where the laptop is there the mic do you need a chair? >> okay. fine [off mic.] >> i can move it. thank you. >> commissioners my name is christopher i'm the owner of 102 baker st. along with my wife janet presenter in the courtroom and peter born in the home in

the courtroom and edward sweeny the assistant building inspector for 14 years had an opinion my mind to you and michael 23456r of the project unfortunately, is delayed and outset like to submit and apply a declaration to the dbi evidence a submittal declaration by myself with the property and an objection prudent pursuant to opening statements more bylaws and rules section three appeal dod sub two, that requires that the department provide an assessment of the costs no later than 7

days before the scheduled hearing date that was not done here we're orbiting to the assessment of the costs and like to pass out the letters and the two declarations if i can continue. >> the aba yesterday was not timely and it was presented to me to the commission and the appeal to be effective or not. >> question. the declaration is it your declaration or a declaration for the third party. >> there are two a rip by the architecture and a rely to dbi and did a submittal declarations when i went on the property and the fact that are two mechanical

alliance that was the purpose of my dwlaks you're welcome to testify anything on the declaration just testified here as well so i'd like to submit this to the board. >> okay. >> who decides that. >> i guess the president. >> you can make at the board can decide whether or not you can decide whether or not you time to accept the untimely document and make a motion. >> move to accept. >> there's a motion do i have a second? >> second. >> okay. >> so motion and second to accept um, the documents were

considered untiming and a roll call volt and doing public comment on the motion. >> okay. the roll call vote vice president chavez, yes. >> president neumann, yes. >> commissioner shaddix, yes. >> commissioner sommer, yes. and commissioner williams. >> okay. can i make one point as commissioner williams said we're not going to have time to read what you passed out but share what you have written in the documents. >> i'll do so great suggestion (coughing) >> i think i - you did already i'm sorry. >> just for the record i paused the timer. >> starting now. >> okay. >> commissioners my wife and i

have lived in the neighborhood for 40 years and um, my children and son were born in this house our hope and intent to renovate this house in 2021 so we would have a place to retire to and the house for the code compliance and approve the housing in the neighborhood. you will hear from public comment you neighbors who we've known for 40 years and had the unfortunate situation of having a foundation contractor in october of 2021 leave the job and sue me and put two noticed on the property that stopped all work for 9 property until a lawsuit was resolved and the enar communication what taken off the lawsuit was resolved and

the enar encumbers have still on the property but not been taken off until then i can't getting financing does that make sense? to rebid the property for further work until the lawsuit was settled that's the reason for the delay i'm as depressed as the condition of the property as my neighbors are and certainly have every intent of making this new code compliant not to dedegrade that of the declaration was submitted by michael who managed the property since the construction process and people will tell you the property on a weekly based was

monitored and cleaned up shingles and edward on the board for 4 years will tell you the floor issue is whether it should be pained before construction begins. he will tell you that is - the declaration we have in front of you, you from phil he's looked at the photo and shown you and the wood in those photos will be replaced during construction we expect it it to start 6 months and at that time the areas will be taken off and replaced so we don't think that makes sense right now to paint we power washed the side next to the neighbors on the south and have cleaned up the debris to make that as decent shape while

we wait for the contractors to get started. i also will tell you the declaration you have before you. he supervised painting this building about 20 years ago. i was the owner at that time they wouldn't let us use a to offer it was pained with non-led based paint we don't believe a paint hazard with that paint it looks bad we understand but only asking the board to stay the directors holding in opening statements while we get the financing and the contractor on board. the unfortunate bye preview of this delay is that we have been

victimized by continuing vandalism and harassment on the property my declaration been submitted to you details that harassment it feels unusual and uncomfortable after living in the neighborhood for 40 years we still live there 6 carriers down on the same block yet in the last since this appeal process starting people seen dog feces on cars and cars keyed with f u the first letters of my name and last week someone spray-painted a photo you'll have in the back this - equals little birch those things are offense, and

intimately and are caused by building a group of people didn't believe that we have intended to continue to work on the building i'm 72 years old i have every reason to finish in building as soon as possible and we'll replace the wood (bell ringing) and we'll and we'll paint. so we ask the board to hold the directors order order of abatement while the construction is started and continued. thank you. >> thank you. >> um, next, we'll have public comment. members of the public raise your hands to i can get an idea of how many people want to

speak and public comment will be limited to 3 minutes per speaker and come up to the prevent to the podium. >> can line up over here in the front and if you'd like to you don't have to speak but if there is any people like to testify or speak this is your time to do see and go to the microphone yes. >> hi, i'm - own 104 that is right next door and it is part of my responsibility as a building owner and a um, landowner to provide safe and housing for my tenants. and right now i have tenants who um, are reluctant to let his

girlfriend walk the dog in front of the house because of the situation next door show doesn't feel safe it is buildingsable. so and my other tenants expressed concerns and i have fiduciary responsibility and (clearing throat) reduces the value of our our properties i'm not planning to sell any time soon but this project can take a a long time i built a house in maine took me seven years to happen and wished that covid

hadn't had happened but puts a strain on many neighborhood. >> any additional speakers? >> hi my name is and listening from 104 and they they got the permit work and had a long intention we were excited to get the building fixed in 2016 the roof was falling in the gutters and have a chronic pain continue to climb on ladders and the roof is - when because he had has to

clean the gutters out all the time and something is wrong with the pipe that is full of - full asphalt the roof has been a problem for a long time and - could be redone which is what weed to get it up to speed the buildings are one and a half inch apart and we're concerned that the water is coming through his roof and damaging 104 that is serious and yeah, it is a drag that their going to fix the place i trust we want to do. it is just hard. i don't understand - i was not party to any lawsuit and my understanding was that he

refused to pay the foundation for their work and that's why the foundation contractor that's hearsay bull what and get from a neighbor in this place the current graffiti it one thing to have people attacking people's - we deal with typical san francisco stuff on how people with mental illness and have this attack and chemo offered to paint it for free it's scary it is next to us and they would no didn't want it to paint it over it took us months to get the

graffiti and no one understandal the domination please do i can help us to deal with the difficult situation and please help to enforce the order (bell ringing) . thank you. >> any more public comment? >> okay. >> morning. >> my name is ronald a retired person my wife and i have been living at 1192 panhandle which

sounds like next to 102 baker st. on the corner and in fact, next to backer street side i can tell you how consisting annoying in stands is suffer the starts and starts of construction on that building the noise is overwhelming and often starts early when the building is worked on at all starts early in the morning as it should and continues until 4 o'clock day after day after day. we own the house now for nearly thirty years and i could say for at least half of that those thirty years we've lived under those conditions of paralympic disturbance and everything has

to do with the construction problem increasing the parking problems, etc. i won't borrow you with the details you can imagine how to feels to live next door to a place that is rotting in front of of your eyes one of the photo is the desk next to the roof that constantly sheds it's refuse on continues to this day by less. and i'm too sympathetic with the folks problems and trying to get this done but been long and i think much of it is on their responsibility as well as various delays caused by the problems have been mentioned i

can only ask no more delays be permitted whatever the legal power of this, please hem us get it over with you. >> i'm mark you live on page street one 068 the first house has - we abut every house is

fence lined our kids window looked at those windows we moved there 19 years ago and yeah, just suffering through the lack of construction starts and stops the delays and delays. our fence line mass piled up sand when they did a foundation i've never complained that's standing buckets of water drawing mosquitoes and i'm not complaining but now but basically yeah would he just want to have whatever happens to stop the delays and get it fixed and sold and get it done. and let us all, you know, live with

something not a blight in the neighborhood so thank you very much. >> thank you. >> um, no public comment any remotely? >> no? >> okay. >> just one moment and. >> okay. >> um, also as part of the package commissioners we received the submittals for e-1 complaint for breach of contract this is to clarify not part of case but as public comment. >> okay. thank you. okay. next we'll have rebuttal does this did not have rebuttal? >> this is certainly an

unfortunate situation commissioners. >> close to the neighbors our submissions with the house and move forward to try to get resolution as far as the typical procedure we receive an appeal an order of abatement we suspend action and assess the costs whatever it record with the assessors our we've not generated that we've stop action on the the order of abatement at this point to honor the appeal. um, just two things the - it cocoa with being cheated, and, secondly, to assure us that there is no hazardous lead in the paint the lead assessor

could have been obtained that's all i have commissioners. >> does the appellant have rebuttal and reiterate the time is for three minutes. >> good morning, commissioners vice president chavez my name is peter i'm christopher's son and asked to respond to this hearing as my father mentioned i was been at 102 baker st. this past saturday night i got a picture of the hate partial that was sprayed across the front and

exhibit earlier in the hearing and refrain from repeating it from further harm and based on the san francisco and was born and raised description was not in line with the values and was i raise this point to city council is currently under investigation and in touch with the - and counsel will there a that and the perpetrators are arrested we have reasonable time to recover emotional and mentally. in addition to the twice passing the property any parents they have been per svrnt

vandalized from 102 baker st. my parents served as public servant for a combined 40 years i hope the council will consider this and vote against description and seeks logic for what it is a waste of people and will be repainted at the end of construction and didn't serve san francisco or our neighbors as that relates to the points of our neighbors none of those has nothing to do with the property painting in the deliberations michael has gone on and cleared up the debris and staff - sprayed the side of the building to remove the paint and removing

are subject to (bell ringing) >> none of the comments the only thing delaying the project is having it to stop construction due to ongoing go litigation or encompasses on the property move this process forward (bell ringing) >> that concludes public comment and rebuttal session so we'll leave the discussion to the board members. >> um, i mean it is clear to me the neighbors is also clear to me that that the paints a

building in the middle of construction probably if makes sense from a skooung constant point, however, i want to understand why tapering was not done early and tapering the roof and that's where i'm having the trouble is painting the only form of mitigation here for this nova. >> i agree with the points. so

4 may address the commission on items that are within the of this appeal a modification for the order and challenge as to substantial error by the departments we're looking for our powers as this board we're looking a request for modification and permitted to do it provided point public safety of the public welfare is secured in ordinance with the housing code so when it comes to the issue of paint the department is alleging a notice of violation and provided evidence in the photos to the pealing paint. where i'm held up because i

certainly understand the invention of having to paint the building before inner occurring the construction on the building and other mitigating factors that delays the construction and certainly the discrimination that is also we're limited by the our authority in the building code on the - considering a modification have to address the issue of public safety we have evidence in the form of the declarations testimony from the appellants but i accessary dwelling unit seen and perhaps a possibility to see evidenced as to the mitigation of painting and load by the chipping paint any recent photos to demonstrate that the paint is no longer chipping and

or already - that's where i'm at with this - it's a invent circumstances for anyone to go in but we're limited as a board that's my position. >> yes. you can come to the podium to respond if there's a question from the board but you can only address that question. >> good morning and mike the gentle engineer and contract for - we've attempted to lessen the impact on the neighbors by two of the three partying have my phone number and we'll go by the

job every two weeks as my elder mother i visit her and we pressure washed and using waters so the lead can go past the property line and not go on the neighbors on the south side. but we've that given phone numbers and people are called me multiple times i've cleared it is up but once the lawsuit was a disconnect and we may never get the front and side and i've sent antiques but trying to move forward also. we went to 5 roofing contractors and tried to - but in this situation we have high winds and the only

realistic way to take off the roof and put on a temporary roof because there is 5 roofs. so we tried that and attempted that and, you know, i can't try to keep a relationship with the neighbors just is disconnecting not we have not tried to lessen the impact we do what we can that is a eyesore the only what have you the only time people are breaking in never vacant the entire building is. thank you. sir. >> did you get our question answered commissioner. >> um, so the paint what is the status with the paints on the building because the department photos from a couple of weeks ago showing fading paint. >> on the south side. and it

was we pressure wash it but still. >> when you did, you pressure wash it. >> we when. >> (multiple voices.) >> and pardon me? >> when. >> we did that last year tried we also secured any of the pipes or anything up there showed did pipes are secured and we secured anything on the wall that was a hazard and may look hazardous but. >> why has skould and protection not been up. >> the skould on the south side only two does the frontage row is not an issue it has been pained recently by fading on the south side that was up for a while but on hold and the flaking the last 9 months has decreased 75 percent because

after pressure washing- >> (multiple voices). >> on march 7th wasn't that the flaking of the paint. >> pardon me? >> on march 7th was (unintelligible). >> talk boats mic. >> sorry a most recent building inspection commission was this year and- >> (multiple voices). >> flaking on the back half of the south side there isn't flaking we don't have that and a newer edition. >> no tapering. >> tonight i never thought that could would take this along the lawsuit i'm - familiar with both sides of lawsuits but

resolve it and went ongoing and nothing has happened and the let me say that. >> the whole foundation. >> thank you, thank you- >> (multiple voices). >> can we ask a question. >> (multiple voices.) >> and public comment. >> comment by the lead paint just a building code built before 1979. >> right in san francisco the building code requires the work dwrae to be considered a construction project to be complained in the work site (unintelligible). >> also- >> (multiple voices). >> right. >> can we the building inspector ask questions? >> are you done with me. >> yeah. thank you. >> inspector zone osborn did

the inspection. >> okay. >> any question was global is really whether the only mitigation for the nova is painting or whether or not tapering and testing acceptable measurement. >> testing would certainly row lay our fears but deputy green said the building code has all those. >> until we know otherwise we have to assume it is lead paint. >> right but if it were all contained and they the containment was they move forward with the containment rather than painting the whole building is that that an acceptable solution to the

notice of violation or is that only painting? >> the painting and the roof debris so and but in the skould and north or plastic, however, that is approached covers the substantial portion of roof rises i think we can come to agriculture agreement. >> this is for the appellant and perhaps for the us as - this appeal is seeking just norly for the request for the issues of repainting the building; correct? so the other roof seems like the appellant has agreed to perform or have to um - so i want to clarify that. yeah. i guess

just for us, you know, the burden of proof on the appellant to demonstrate not a problem with the public safety and so, you know, if we're going to consider some sort of issuance allowing for an alternative to the painting the appellant has 2 demonstrate they can propose something and perform immediately perform to 340g it to the paint unless my understanding is (unintelligible) and. >> we didn't expect to have to address lead paint hazard because i said the building was repainted completely and they

scraped that completely painted it with two coats so it is my understanding that of my architect who has given you a declaration no lead paint on the building we're willing to see it toasted in the commission thinks that should be done but we don't believe a lead paint hazard my understanding we satisfied the issues of the inspector except for the requirement of the building. we as michael said we are happy to check the roofs and no debris is coming off and the roof will be replaced during construction. but in the board buildings we should do testing we're happy to do that and show

not a hazard here. >> as the case with my appeals and appreciate the commissioners approach we know there is a lot of going on and obviously a difficult situation for a lot of people (clearing throat) but the boards purview is what - isn't our purview more or an error in the um, application of notice of violation? and the fees applied to that? and sounds like perhaps no. not and an error i've heard i don't know if talking about the remediation timeline i mean oufgs the remediation timeline important to do that that needs to happen is that the purview of this board to evaluate and

propose those just to seek of what has previously happened with the notice of violation was issued for and why and was that done in accordance with the building code and other regulations? >> in the past we've been allowed to give more time - to yeah. so i think that were also allowed to provide suggestions on um, i think you're right like the heart of this was the notice of violation entered given in error i think the answer is no. clearly there is a violation here and an issue here but how that notice of violation is um, answered or corrected at that point it the issue that we're

having trouble getting our arms around asking someone to paint a home psa has dry rot not replaced and things like that seems not to be the correct course of action like construction subsequently. >> i don't disagree with that. >> why not to interrupt our public comment was closed but someone remotely with their hand raised will you accept that comment or? >> we - we're opening public comment and we doesn't reopen are you a member of the public. >> i'm - >> oh, we need to close the public comment. >> i thought.

>> (multiple voices.) >> and i raised my hand on time (laughter). >> i'm sorry. >> public comment is closed. and so then - yeah. >> go ahead. i'm sorry go ahead with your deliberations. >> we'll have one more question from the department. so can an explaintion concerning the public safety that is - the central issue with that so i want to hear the departments address that maybe specific city why the condition of the property and the condition of the property remains an issue for public safety.

>> it is our view not much has been done with the building inspector has a text i believe, before the directors hearing which was i believe in january. no prior to that. >> and um, he's had that decision with the appellants from the very beginning so skould appears that's my understanding but now gone. so we're not sure. >> to clarify so not just painting that is the. >> it's migration of flaking paint. >> that is perfect to

suffices. >> it is. thank you. >> with an comment i want to say thank you for all of the neighbors stability with each other and rare i see such somewhat kindness i appreciate that and also feel i feel the frustration of to project not coming down and a lot of times speedometer is spent on this moving trying to get this project moving forward and staff time we have one hour here staff time and i'm leaning towards up holding this i feel a tremendous amount of time and hopefully get this project movie and that's all i have to say. at the moment. >> okay. is that motion?

>> i believe there is an objection so that is also on something that the board needs to consider because deliberate and discuss that and ask the parties any questions about that objection but i wanted to remind you there is an objection raised. >> that's the objection we just- >> (multiple voices). >> what is the objection? >> is this? >> i believe the objection was um. >> it was - and [off mic.] >> oh. [off mic.] >> i think the department stated they have for the generated any cost assessment yet. >> does that mean we're.

>> (multiple voices.) >> and only- >> (multiple voices). >> the objection. >> to clarify has the objection been withdrawn? >> thank you so still have to decide on that objection not been - >> what are they supposed to do? >> what was the response? >> as is department stated earlier in costs generated yet since the appeal of the order so no amendment to present this. >> i think the matter is moved and stated.

[off mic.] >> is if (clearing throat). >> [off mic.] >> yeah. but do you wish to verify that is the case we - no verification of that. >> so 2 that statement is accurate. >> bus didn't reform 100 percent of the painting on the building. >> thank you. >> so does the best cost not start until the violation is issued? is that why no assessed cost yet or suspended i'm wanting to understand this. and so the assessment the fees are accruing but no order against

the property. >> so we just want the building save for the public and the board feels waving the initial costs- >> (multiple voices). >> that's okay. >> counsel can you comment. >> sorry. >> (multiple voices). >> is that the -- [off mic]. >> so it's on i believe bylaws and rules not in the building? >> [off mic.] and bylaws [off mic.] >> (unintelligible). >> actually three appeals [off mic.]

>> you can come forward if i like. >> first page sight section d-2 appeals requires moderate to oppose the appeal no later on than 7 days and i the report shall have the history and basis for the order of abatement and it any assessment of the costs including in support of ordinance we didn't receive an assessment of cost for the order of abatement and rules of procedures. >> we know the basis for that office of citizens complaints do we know how it is calculated;

correct? >> well, i read this is a the department had access costs required by the rules provided. >> that's how i read it. >> they have not. >> at that point. >> (multiple voices.) >> discussed the costs so at that point. >> i don't think they can do it now but had to do that before the hearing that's the rule. >> what's the basis for that that is your interpretation. >> yes. we're entitled to respond and entitled to notice and the - this was moved thirty days by the city attorney and because we resolved no submittal from dbi prior to february and moved to march 20th so dbi can give us a code they gave us submittals but no costs it's been wavered. >> sounds it is on pause while

the appeal for the department. >> so no assessment costs at that point and correct. >> which they can't report the costs currently not one. >> that interpretation about create a loophole if you appeal and the department is enable to assess costs they can therefore not wave the costs that's not a reasonable reason for the rule. >> i'll citing the rules as i read them we're entitled to know the. >> (multiple voices.) >> and publish the assessment prior to the hearing is i'll submit that to the board. >> is that motion. >> so you have to decisions one is objection and one is on the order from the agency. >> okay. and what would the

action on the objection. >> overrule or agree with the objection. >> motion to overrule the objection. second. >> okay. >> so there is motion and second to overrule the objection i'll do roll call vote on that motion. >> vice president chavez, yes. (coughing) >> president neumann, yes. >> commissioner shaddix, yes. >> commissioner sommer, yes. >> commissioner williams, yes. the motion carries. and unanimously and next motion on this appeal. >> all right. i'd like do it i'd like to make a motion to

uphold the abatement and assessment for costs. >> do i have a second? >> as we said no assessment. >> is make a motion we uphold the abatement. >> second. >> there is motion and second to uphold the order of abatement and roll call vote on the motion. >> vice president chavez, yes. >> president neumann, yes. >> commissioner shaddix, yes. >> commissioner sommer, yes. >> commissioner williams motion carries unanimously. thank you. >> um, next is we have two broadway st. - complaint # 202181476 and. >> e3. case no. 6916: 1807 broadway st. -- complaint # 202181768 is it 5 okay with the

board if we call those two cases together on that part and have the parties present for 1807 broadway st. would you be in agreement with both cases together. >> yeah. >> okay.. thank you. >> i'll read both into the record. >> >> e2. case no. 6915: 1807 broadway st. - complaint # 202181476 owners of record & appellant: mak family trust/ janet mak & daniel wong janet mak & daniel wong janet mak & daniel wong janet mak & daniel wong the opportunity to finish acquiring their planning approvals and have their building permits issued.” continue it matter to allow those planning approval and have the building permit issued and

next case. >> e3. case no. 6916: 1807 broadway st. -- complaint # 202181768 same order of record and appellant and same request by appellant the department come forward to present their - >> good morning, commissioners chief building inspector for the code improvement congratulate the president and vice president and the first appeal. >> e2. case no. 6915: 1807 broadway st. - complaint # 202181476, this is four story 5 unit apartment building and the notice of violation was issued

august 27th of 2021. >> and this is horrible edition of second level for the fire escape resolved and windows and skylight in restore. and new escalated walkway and roof replacement for and new retaining wall and directors hearing on november 3rd of 2021. and an order of abatement was or the with the following conditions to have the final sign off of permit and scompli with the notice of violation for the fees. a permit was filed.

>> e2. case no. 6915: 1807 broadway st. - complaint # 202181476 filed in november 1st of 2021. and that was to um, in response of notice of violation and to deal with other notice of violations so that permit is not yet issued and passed. rightone: objection. to february of this year, the end of february and on a so staff recommend you uphold the order of abatement and uphold the assessment of the costs and then um, the second appeal on the same address 1807 broadway st. the. >> e3. case no. 6916: 1807

broadway st. -- complaint # 202181768 and the notice of violation was issued in 2021 and this residential hotels from 5 units to 4 units and the door is infidelity on the second floor on the landing so the building is configured going once, going twice and two units on second floor and it took place of november 23rd of 2021 and the order of abatement was issued with the following conditions and to complete all work including the final sign off and scompli with the order of abatement and pay all fees and as recommendation you impose of assessment

and i'll be happy to answer any questions you may have. >> thank you. >> good morning president and commissioners daniel from rose the owner is ms. mak and mr. wong we're requesting this orders be continued on the basis that we need the seek the permits in 2021 when the notice of violation was issued and they have been going through the planning review and approval process ever since and submitted to the planning department of march of this year and these permits because of the units reduction and the rear edition going there to planning process which um, for lack of a better word is long and arduous and there are entitlements necessary

to get those permits issued from the planning to sign off. and we have been holding up that process for the past years. um, i also want to note we filed in december of 2021 and it is only coming before you now in march 2024 i'm not sure i building the department was recognizing the fact that the planning approval it takes time and we are providing updates to them and as this goes going on and they've been cced on most e-mails and have the owners here and they would like to speak on the groin but we're here if you have any questions. thank you.

>> hi, good morning madam president. and vice president and i'm the owners here my wife elaine and i want to tell you from my heart what we have before you in 2015, as immigrant i was lucky enough to save a down payment to purchase this and financially we were able to get a loan and the whole idea we wanted to be living in one unit and my elder mom in one unit and we would take care of my child with special needs this is all as father and son and like to provide - for our family that's the whole idea to back in 19

through a mature family a contractor as a contractor showed to the gentleman and we just don't know we invite him to our home and the told us we can do so and so and showed us we we believe him and have a contract with him and pay him down payment and then um, he showed us the permit was able to do that what he said i wanted to do and we believed him he showed us the permit and the inspector from dbi a permit he said was not exactly what we not at all so permit that and so we feel

like i'm we - we are (coughing) we have fight on this and just building someone that not able to delivery we are lucky we - want to do it right and stay in the home and die in the home i want to see a home and keep the house in a perfect condition and do that the right way unfortunately? happening we feel we are a victim of that - incident and we are taking legal action. but we wanted to make that right. >> um, good morning. my name

is elaine and thank you for your time and just to um, echo on what my husband bherngsz working with a licensed engineer and that was a peak to work with him we find out that, you know, he mislead us and we became victims he had brought a planning commissioner and other people to the house to visit we thought he was going through the procedures helping us to submit and speaking with the planning department. um, and we future not the case so we're trying to make things right and hired daniels firm john we're working with and speaking to and december of 2022 and he's been proactively working with um, the

planning department and we've been on correspondence that that and we are due diligence but asking to make things right and dot right way and working with the right parties. >> i would like to add we're submitted an at this time to legalize the project and the notice of violations was submitted not first half of fee and still reviewed but we have been in conversations with the zoning administrator and with planning support for the final um, project but that is still going through that entitlement process. thank you. >> (bell ringing)

>> okay. thank you. >> um, is there any public comment on this item? >> any remotely. >> oh, come forward. >> good morning, commissioners. >> my name is murphy and i'm the neighbor next door. and 1805 broadway and i can't understand i've never been invited of those hearings and how i found out about the project next door i live there for seven years and moved out and rented that. and i was wondering at the beginning the tenants told me a lot of noise going on next door and each time i went over there

their property was all locked up a skourld. a big black tarp on that you couldn't see in. and know i never wanted to pick up the phone didn't to call dbi so (clearing throat) my tenants have eventually moved out couldn't handle the noise and i saw what was going on next door i'm sure the department knows of this they extent the ground floor to the retaining wall and runs down the back to pacific and broadway no backyard they're

building is in line with my building. they said they're going to put in a unit down there and preceded to put in a deck above that and the next floor up is more work on that. the light well into the two buildings four feet wide and the both the light well, that blocks all the light next door and i was expecting my attorney to be here but couldn't make it he's out of town but i'll have my attorney for future hearings i want to be notified. and i just feel that um, he talks about

being a victim he's not a victim owe knows exactly what is going on (bell ringing) and the scaled engineer he supposedly hired was after the fact and every time i went theretofore was was a sign on the wall stop work and that's all i have to say.. thank you very much. >> at the thank you for your service. >> okay. thank you. >> any other public comment? >> okay. >> next is rebuttal. the department any rebuttal?

>> um, as you can see in the overhead that permit was filed way back and came in on particular days and they have for the followed that permit through the process from there so almost as if the permit was just on the stalling tactic we'd like to see that move forward through the system that's the rebuttal. thank you. >> hello, again commissioners. so like i said in any original testimony that the permit requires sign off from the planning department um, one because the rear yard addition variance or term that is required to entitlement and to get to approve and we need to go

through the planning process we've been doing that my office personally since december of 2022 and before that i would want to just address what the commenter the - i believe there was a two or three site visits with the with the noibs was starting tobacco corrected and the planning process was starting and also inspections that dbi i believe with the planning department and so we have been actively pursuing the permit just needs to be approved by the planning department before dbi is allowed to issue that and then in terms of the design those are planning issues

i've been told her by my clients they're removing some of the lights blocking elements were brought but up but for example, that rear edition to the back um, there are contractual reasons that abuts of parking lot and things are skrtd in the planning process with the discretionary review and if approved we can have that as is if for the we'll correct it. >> so in closing i'd like add we come far and worked on this 13 months we ask you help us with time to get those permits issued. >> thank you public comment is closed. deliberation by the board?

>> question for the appellant you have an architect and contractor on this project? >> since i've been on work together the architects and my firm the planning consultant and others i don't know. >> so there was no contractor no architect they were working directly with the gentleman. >> i believe an architect and contract. >> contractor. >> let me understand your question back in 2019. >> the initial project. >> (multiple voices). >> beyond the scope. >> i understand we asked for is an architect and because he's

engineering the only architect so he is on the trade and also he a earthquake is jerry and him the same team and (unintelligible). >> let me ask also clarify that there has been several novas on the property we have been clearing what we're able to clear so there are those two outstanding ones and we purchased the property - discrepancycy and brurpd that with four units and a report 5 units that's part of one of the

complaints does that make sense? >> well, for the appellant again is that the request from this board to continue this hearing for - a certain amount of time is that the request. >> we appreciate whatever continuous like i said we're in the intent of the planning department and on the approval or the revision of that entitlement the permit was issued and we'll be able to revolve both notice of violations. >> how much time are you requesting. >> i don't know the planning department timeline we have been pushing them to get this approved i'll say - i would ask for 90 days you know what what

you're allowed to approve and we will for the be able to finish this in 90 days but get that issued with the planning department's support. >> how much time do you need? >> i'm not a incarcerating krarth. >> on a guarantee the planning department will approves permits. >> (unintelligible). >> you want to get the work done and [off mic.] >> you know, you can do too. >> thank you, ma'am wanted to have our staff complete the statement but. thank you. >> and i'll add our decision today will not (unintelligible). >> whether you uphold it or - >> the appellant.

>> what's the typical process do we make to say something? >> correct the building permits the planning department will be the first approval and go to the building inspection. >> and their retroactive but beyond the scope i don't know what initially was the work without permits would have required planning approval and if done properly so we have to go back for the approval. >> and on a guarantees they'll approve this. >> that's their decision. >> we have limited powers so

the powers given us in the building code he had these with a two-step analysis the appellant met their burden of proof and nooigs was for the disputed here and sell seeking a administration have they demonstrated that public safety and welfare have secured in in accordance with it and for the the appellants burden of proof proved that so the rest of that last point seeking modification to for us to continue this for 90 days we can't do anything about the planning department comes up two times and we thinks that is a frustration but we don't have power to for the board to think about that so the

matters i just stayed there what is the appellants position an those matters? >> my understanding of the building code that for the - the substantial we don't need that for the order by then our basis for the 90 days to completely abate that violation is not possible when i see to go through the process so - for the 90 days whatever is reasonable. >> any other commissioner comments. >> ?

>> i will say and again those cases are difficult. um, and i mean we've heard other cases of work beyond a permit and that's not acceptable there is a reason not okay to go beyond that permit and this is particular case i'd like to say for me more difficult to end clearly that one can point to ones consultants and once contractors and say he said she said in this particular case, you know, the person with known um, major problem mr. santos i would say i don't know objective with the

discussions were or how does that work? but it is i simple its in that case being we the young that changes what commissioner berry has said and frankly i'm a little bit i mean we've talked about stayed continued or frankness it's not we're saying we're for the issuing i mean an noibs has been issued we're saying we're noting whatnot? we're not going to find based on that we're requesting more time so unfortunate means moving all the items.

>> (multiple voices.) >> and; correct? am i finding that correctly. >> can you clarify that. >> the notifications would be to remove those things have not been permitted at the this point. >> when the notifications is written two asks there is going there the process of legalizing it. okay. >> but in that case what does that - we're here today they're in the process they are stuck i mean not procedures are not fast enough. >> we issued the order of abatement to work without a permit and i notice of violation went to the next step so then the order was issued no notice of violation if they didn't - i'm trying to be diplomatic if they didn't decide to work without a permit. >> can i i'm sorry just a

clarification the consultant we are refer to they hired correct or not three consultant was hired after they did the work and that consultant was hired basically to help them fix what had been done or find a pathway one way or another i'm asking the question of staff. >> i don't have the answer to that you a. okay.- >> (multiple voices). >> yeah. yeah sorry about that. >> in 2019 done so and his team. >> so no work was done prior to that? >> yeah. and nova is on 2021. >> august of 2021. >> so does the stay of

violation or that extension for that effect the incurring of fines? >> um, well assessment of which the building permit is issued the actual um, yeah. no work on this on the um, complaints so no assessment of time still a monthly fee applied to after notice of violation whatever decision you make today will not have an affect on what is issued or denied. >> question. >> so what does our decision do i have to effect and

plannings ability to move any faster and have to wait for planning.- >> (multiple voices). >> question sorry commissioner williams. >> wearing saying the notice of violation was issued appropriately you guys say for the your fault per se but it was issued not attend to in the amount of time whatever, whatever and order of abatement we have to fix it within a certain amount of time and now we're saying it hold on can we have more time. or get it permit and that is going on not alleviate but provide more time we're in the requested not having enough time.

>> yes. but had a year and a half which the notice of violation was issued county counsel made a comment but so they got extra time. >> dependent delay of appeal help actually if they had more time to do so. >> i would think so, yeah. >> if we would right now we don't wish to extend it order of abatement what does that mean they have to rip it out right now. >> (multiple voices.) >> and two orders of the abatement one for the removal of dwelling unit. >> and there's fees involved with that as well; right? if we

uphold it they continue to incur the fees but an extension are not accommodating during that time period; correct? >> the fees are minimum. >> if you do extend it for 90 days the fees are minimal for the stop actions. >> and does that mean we end up doing that again in 90 days. >> pardon me? >> did that mean we end up doing that again in 90 days. >> it means that it would be deferred - the order will be deferred. >> would that come back or - >> you could - so delay that

for 40 days waiting for the planning department approval needs to go through the necessary department with building inspection commission and delaying it an inevitable thing and i don't see that to the appellants or the departments for delaying it for 90 days. >> under the building code section one 058.8.2 in the board modifies an order of abatement including um, staying that um, with respect to the violations constitute and series of hazards must the decision must provide

that the work to repair such violations commence within the days within a reasonable time not to exceed 18 months. not clear to may decide whether that will be the 90 days the 90 day stay would help for that. and question for clarification and stay for 90 days we - from my understanding only staying the assessment costs because whether we approve or deny the permit still needs to be obtained and still for the happening so any - at order of abatement is reported. >> staying the recommendation of order of abatement

(coughing) >> i'm having trouble to that not recording the upside to this at this point. >> do you have a what you see as the benefit. >> well correct me if i am wrong but right now the fines are not and i concurring while stayed if you do uphold it they'll accrue today that didn't really serve to encourage us - i mean we're going and starting to approve the fines we can't go

down and we can't just stop that we started this process back in early 2023 to get those permits approved we ask that we continue that unless, you know - if we stopped pursuing that that's why we're going to inner concur the cost we ask we no incur costs. >> and the department mentioned the costs are relatively monomial so only the staff times on the case a minimum fee. >> yeah. >> (multiple voices.) >> the order is stayed a big

activity open this case will be once the work is done completed and need to close this case. >> other staff time will be on the planned review side and from the section but not parts of this complaint. >> i'd like move to uphold the order and folks on the - >> second. >> i'll second that. >> okay. so the motion includes up holding the order of abatement two. >> oh. >> so for broadway st. - complaint # 202181476 and. >> e3. case no. 6916: 1807 broadway st. -- complaint # 202181768 and so the motion by president neumann and seconded by commissioner williams [off mic.] >> about orders of abatement.

>> this is a test? >> and the assessment of the costs. >> so others motion is to uphold order of abatement both and roll call vote on the motion. >> vice president chavez, yes. >> president neumann, yes. >> commissioner shaddix, yes. >> commissioner sommer, yes. >> commissioner williams, yes. >> motion carries unanimously and thank you. >> and next. thank you. >> thank you. >> next, we have item address their remarks to the board as a whole and not to individual board members or department personnel. seeing none, in-person or remotely adjournment motion to journey. >> adjourned at 11:30 a.m. and

in recess and next

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>> welcome everyone. thank you so much for joining me today. the round table discussion. i actually have background in youth work. worked in china town before so having you four from youth commission join today is very interesting to hear your thoughts and concerns and what you are talking about fr