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tv   Abatement Appeals Board  SFGTV  June 15, 2024 3:00am-3:31am PDT

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>> good morning. today is wednesday june 12, 2024. this is special meetding of abatement appeals board. please mute if you are not speaking. the first item on the agenda is roll call. vice president neumann, here. commissioner shaddix, here. commissioner sommer, here. commissioner williams, here. president chavez and commissioners alexander-tut with excused and we have a quorum. next, i'll administer the oath.
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all parties giving testimony today please stand and raise your right hand. do you swear the testimony you are about to give is the truth to the best of your knowledge? thank you. you may be seated. also, for any members of the public that are attending remotely, we did have a change to our log-in information and the public comment call-in number is 415-655-0001, the access code is 26628513547. to raise your hand for public comment on the specific agenda item, press star 3 when prompted by the moderator. the webex password is 0619. next we will have our land acknowledgment. >> the abatement appeals board
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we acknowledge that we are on the unceded ancestral homeland of the ramaytush ohlone who are the original inhabitants of the san francisco peninsula. as the indigenous stewards of this land and in accordance with their traditions, the ramaytush ohlone have never ceded, lost nor forgotten their responsibilities as the caretakers of this place, as well as for all peoples who reside in their traditional territory. as guests, we recognize that we benefit from living and working on their traditional homeland. we wish to pay our respects by acknowledging the ancestors and relatives of the ramaytush community and by affirming their sovereign rights as first peoples. >> thank you. next is for everyone's information, i want to read the time allotment for today's hearing. so, the department will present its case first, then the appellate. each side has 7 minutes to present their case. next, there is public comment,
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and members have three minutes each to speak. lastly, there is rebuttal time of three minutes for the department and then the appellate. next item on the agenda is item b, approval of minutes. discussion and possible action to adopt the minutes for meetings held on may 15, 2024. is there a motion to approve the minutes or any corrections to them? >> second. >> there is a motion by commissioner shaddix and second by vice president neumann. is there any public comment on the minutes? seeing none, any remotely? no public comment, all commissioners are in favor? >> aye.
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>> any opposed? thank you. the minutes are approved. the next item is item c, new appeals order of abatement. discussion and action. 1 case number 6924204 tingley street. complaint 202173591. owners of record and appellate are samual rangel and ahmad lulu. appellant appeals the order of abatement dated february 7, 2023, and assessment of costs. the order of abatement was issued due to the owner's failure “to comply with the code
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violation within the timeline.” appellant requests revocation of the lien against the subject property. appellant has argued that “no lien is bestowed on subject property: 204 tingley st. city of sf destroyed plans/app in 2020. due to hardship, permit was not processed in time of director's hearing. duplicate is being processed now with the city of sf.”with the department like to come forward? >> hello. good morning to everyone and building inspection commissioner. my name is joe ing, senior building inspector, representing department of building inspection for the appeal case.
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following the acase number 6924, address 204 tingley street, block number 6782, lot number, 021. one story building for a single dwelling without occupancy. [indiscernible] performed in february 2021. building inspector reveal a rear addition being constructed with now building permit and city pending approval. that increase the fire hazard to the neighborhood. following research, our inspector further found that the appropriate owner has repeated the same violation in the past 12 years. a order of abatement was issued
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back in july 2013. a member of public found a new--in february, 2021. as a result, a order abatement issued february 2023. the owner famed to comply with the code violation within the timeline. the order abatement issued with the following condition, 30 day to obtain permit and complete required work including final inspection and comply with the nov, pay for all enforcement fees. in june, 2023, the owner obtain permit to address the violation. that permit is the only one permit the owner applied to address the violation, however, this permit has not been completed with our final inspection.
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the last dbi inspection was performed in august 2023 for new footing. [indiscernible] also, the construction was not fully aligned with the approved permit. staff recommendation, uphold the order abatement, including imposing assessment of cost due to nov issue based on the physical site inspection finding. the order of abatement was issued preoperatively due to the owner fail to obtain permit issuance until june 2023, which was 4 months after abatement issued. the permit has not been completed today. this concludes my presentation until the next section. thank you. >> thank you. is there appellate present?
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is there a appellate representative for 2014 tingley street? no people online? what shall we do in this case, because the appellate is not present? okay. commissioners, this notice was properly given to the appellate in advance of the case in may i believe around may 15. >> [indiscernible] >> they were notified, but they are not present today either remotely
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or in person. >> [speaking in the background. unable to hear speaker] >> okay. okay. so, do you have rebuttal staff person? no. okay. thank you. general public comment. is there public comment on this case? there is none in person and none remotely. does the commissioners have any questions regarding this appeal? >> if something like this happens where they don't show up, is it like
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regular court where you lose because you are not here? do we need to rule on this if they are not here? >> [unable to hear speaker] >> okay. thank you. >> any other commissioner comments or questions? >> in the past we also have given the option to-postpone until another meeting. not suggesting we do that, just saying that one of our options, right? >> [unable to hear speaker. microphone not on] >> it isn't required, right. we could review the evidence and information we have and make a motion and close this one. >> i just text ed the appellate asking where they are.
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if you want to wait. >> in the past it has been that the order would-it would go forward. they can still deliberate. >> does anyone have questions about what was presented? >> my understanding is--in 2012, this-sure. i'm just recounting the-my understanding, which may end in a question or may not. in 2012, this person did some
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work on the back of their house and unpermitted. that was notice of violation given. that was unresolved it sounds like, and then in 2021, a similar complaint filed that there was-is someone here for the appellate? >> [unable to hear speaker in background] >> okay. thank you. [multiple speakers] >> i would like to administer the oath of office--sorry, the oath to you because you are going to testify, right? you can come forward. >> [unable to hear speaker] >> uh-huh. >> the hearing, but i just keep calling him and he not going to show up, so-- >> so you will speak for yourself? >> yes. >> okay.
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just one moment. >> i do whatever i can, because my english is- >> would you like the department to represent so the appellate can hear? just a option. >> sure. okay, ma'am. i'll say the oath of office. do you swear the testimony you are about to give today is the truth to the best of your naujs? knowledge? >> yes. >> thank you. you may be seated. since you were not present, the staff did present the case, but since you are here now, let the staff go and have 7 minutes to present and you have 7 minutes to present, okay? is that clear? >> we are basically starting over. >> we are going to start over since you are here. what's your name, ma'am? >> carmen. >> carmen. and your last name? >> [indiscernible] >> you can have a seat and we'll have you come up shortly.
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>> i'm sorry. i was sitting-- >> no problem. we understand the room change. >> before we get into the presentation, i think this may be grounds to continue this hearing, because we have an appellate who-we need a translator for, and it appears a representative bailed on her, which i think would be good cause to continue the hearing, and i don't know who will be particularly fair for--it doesn't help our staff are back-logged with these.
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>> i agree, if the appellate--would you like to continue to wait for a translator to be present? come back another day? >> ma'am, you can come forward. come up. >> [indiscernible] i don't know. i pay in the past to these people in 2012, and they still here. and i pay again and he didn't show today. >> okay. >> yeah, and i really need to finish my house. >> we understand, so the commissioners want to give you a chance to have somebody to assist you, so do you want to come back next month when you have somebody else to help you or a interpreter? >> uh-huh. >> okay.
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>> and i just want to know what is this about? >> maybe the staff can talk to you afterwards? >> okay. in the mean time, can my husband start working on-- >> no. i don't think so. >> because i have the permit. >> yes, there is no restriction doing the work. move forward if you have your permit issued. i'm happy to talk with you. >> thank you. just schedule the meeting again? >> we will make sure that we--we'll notify you when the reschedule date is, but it will be on july 17 at the same time, july 17 at 9:30 but we'll give notice that and the staff will speak to you after the meeting as well. >> thank you. >> at that meeting we'll make
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sure interpretation is available? >> yes. if she doesn't have her representative. [multiple speakers] i'll do that. >> we move to continue this because the appellate is unable to speak for themselves at this time. >> second. >> there is a motion by vice presidents neumann and second by commissioner williams to continue this case to the next meeting and i'll do a roll call vote on that motion. vice president neumann, yes. commissioner shaddix, yes. commissioner sommer, yes. commissioner williams, yes. the motion carries unanimously. thank you. and then next we have item d,
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general public comment. members of the public may address the board within the board jurisdiction not on today's agenda. speakers shall address remarks to the board as a whole and not individual board members or department personnel. there is no general public present. any remotely? there is no general public comment. motion to adjourn? is there a motion to adjourn the meeting? and second? >> second. >> all commissioners in favor? >> aye. >> we are now adjourned. it is 957 a.m. and we will reconvene as the building inspection commission at 10:30 a.m. thank you. [meeting adjourned] locals.
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>> (music). >> the work go ahead offered i didn't the rec and park friday's local young people between 14 and 17 to be part 6 the workforce and eastern responsibility and professionalism and gain job skills and assignments in neighborhoods parking and recreation centers and includes art and crafts, sport, cooking, gardening and facility support
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and so many more. >> (multiple voices). >> i think we're part of the this is the fact we're outdoors and it is really great to be in nature and workreation is great first step to figure out what you would like to do workreation covers real life working skills and expansion can be allowed (unintelligible) it is a really great program because um, students get placed all the time for what they like. join us in the experience and opportunity and i really like the workreation program it is fun to
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workout at the summer camp with all the kids each is different and the staff is really nice. >> why? is because i used to go to the local park often when i was a little kid. with my mom i often had to translate for my mom i applied in the hope to provide assistance for other people with first language was for the english. >> i like this job we have fun and working and i feel welcome. >> hi. >> like how a job actually works like maybe before then i didn't know like all the jobs i don't know any of that now i do. >> it has to be self aware of
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things and independence of value of this taught me how to be progressiveal but still learning as i go on. >> i learned a lot like a got to adapt and challenges and obstacles come up everyday and . >> i like that we're able to really work with other people and gaining experience like how in the real world hoe how he work with other people. >> if you're looking to develop your live skills as well as cash and working in the parks, and meeting great people and working with great staff i definitely recommend the corporation. >> it is fun. >> i definitely do the scombrifrm again that the
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workreation and park and i'll do that again. >> i will [music] >> really special, because of the rich history of service and that service is rooted in resident centered care. addressing the needs of the whole person. it served generations of people probably in some pretty dire times of need. for more then 150 years, laguna honda has sort of woven itself into san francisco's history. when we heard that laguna honda didn't regain our certification, our hearts sank. >> in april 2022, the center for medicare and medicaid, cms,
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took away laguna honda participation in its program, which is extremely devastating. participation in the cms program is the way laguna honda is funded and able to keep its doors open. laguna honda takes that very seriously and we report incidents appropriately, and cms and [indiscernible] come out to review those facility reported incidents. what happens during that is enforcement cycle begins and the cycle is only 6 months, so any time there is a deficiency noted you have to train all your staff and the expectation is you get 100 percent of staff with training and the entire time the clock is ticking, there is no pause on the clock. >> our office legal strategy to figure out that we could through the federal government and the actual lawsuit itself, was a important part in
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allowing the facilities to not transfer any resident out of the facility and also to buy additional time and funding for another year to allow the facility to do all the important changes that are necessary to resociety in medicare and medicaid. the settlement agreement didn't just expend the funding and the pause on transfers, it also set out fairly stringent requirements for improvements that laguna honda had to do. cms and cdph survey the survey which means they inspect the facility. any sort of interpretation and advice around the surveys, around inturperateing the laws and regulations that applied to the facility, we were all-- >> after each survey we had, we identified gaps in knowledge
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that needed to be closed before our next monitoring survey. the turn around was pretty intense, but we had to do it because of the timeline with the recertification, and we had 1300 staff on average go through different modules. everyone has a role in this building to help contribute to the best care of our residents. kitchen staff, security, people who are not traditionally thought of in skilled facilities who are a huge support to all the clinical care and it was really exciting to watch the whole community come together. >> the relationships with our federal and state partners, the center and medicare and medicaid service and department of public health, so important. the open lines of communication we had with them from the very beginning is going to serve laguna honda very well in the long-term success.
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>> congratulations to teams from department of public health and city attorney office for leading the fight to save laguna honda hospital. >> together you helped secure the future of a critical piece of our healthcare safety net. >> we celebrate front line staff and union partners mptd >> we are in ah of your and responding to a challenging situation can such grace, compassion and tenacity. >> gratitude to residents and their loved ones throughout recertification. >> the future is bright for laguna honda hospital. >> congratulations! >> come shop dine and play. taraval street is open for business. >> this is joey smith at barber lounge.
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one of the coowners at 19th and taraval and sunset. this establishment came about when me and my brother andy, coowner barber decided to it was time to take a step up in the barber industry. our business is community that shows their true artistic side of the barber indust rae. we are involved in taraval bingo so please stop by, get a haircut and when you do you get the barber sticker made for us. i say in three words, we are community, artsests and here to help. visit at barber louvl, 901 taraval and find on-[indiscernible] >> a new community game supporting small businesses, anyone can participate, it is easy, collect stickers on a gameboard and
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enter raffle event for a chance to win awesome prizes. for more, to thank the staff at sfgovtv for providing technical assistance to broadcast and record this afternoon's meeting. you may view this afternoon's broadcast on cable channel 26. let's please stand and recite the pledge of allegiance. i pledge allegiance to the united states of america. and he one nation under god, indivisible, with liberty. and. dan, please call the roll. member. mango present. mango is present. member. proctor. present proctor is present. vice president karen is running late. member. nguyen.