>> good morning. today is wednesday november 17, 2010. this is the meeting of the abatement appeals board. i want to remind everyone to please turn off the electronic devices. first item on the agenda is roll-call.

[roll call] we are expecting commissioner romero. we have a quorum. the next item on the agenda is the oath. what all parties giving testimony today please rise 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. item 3 is approval of the minutes from the meetings held on january 20, 2010 and march 17, 2010. we will take a motion on january 20, 2010 first >. >> move to approve.

>> second? >> second. >> public comment? >> seeing none, all those in favor? the post? -- opposed? march 17, 2010. >> public comment? >> all those in favor? the minutes are passed. item d is new appeals. the first case is case #6740, 32 peralta avenue. the owner of record is set jacobson. the action requested by the appellant is appeal of the order of abatement issued september 10, 2010 and assessment of cost be waived. we will first hear from the

department. >> the procedure is we will hear from the department first, and then the appellant. then we take questions, comments, or bottle from the department and then appellant. >> ok, you have seven minutes. >> good morning. i am the chief plumbing inspector for san francisco dbi. in the case of 32 peralta avenue we have fees of $2,018 for the complaint due to the fact of manhours, staff hours,

hearings pertaining to the complaint. a full of teetit when all the wl recently, september 22, 2010, the correction for obtained. the hearing -- we had a hearing office. the officer of the chief villain inspector. his recommendations were to have tended to apply for a plumbing permits and 14 days to complete work. that was on april 28, 2009. this work did not commence until recently september. during that time, not only were

my man hours used up in investigating and in the clerical staff, but the department of public works store operations went out there to clear stoppages, ran cameras to see what the stoppages were and to see who was responsible for this. we got a call in from operations telling us there was a break and intrusion in from -- that was causing the problem. they asked us to help them to notify the owner of this problem and request of them to make the corrections. we went through all the paperwork, sending every letter certified, everything we went through to get it pleaded. contents were coming from the sewer onto the sidewalk and onto the neighbor's property. that was the problem, sewage and

that was coming up and out. i am asking that to be upheld, fees required by staff. >> has it been repaired? >> yes, according to the permit, finally repaired on september 22, 2010. >> has everything been done to your satisfaction? >> according to my inspector, he says everything was corrected. >> what was the delay in getting any action between 2007 and 2010? the appellant states it was the responsibility of city to do camera work in the sewer and neighbor waiting for them. what is our process in that case?

responsibility for identifying the problem? >> if it passes the curb into the street, the city will go up there to make sure that there are no breaks. from what i obtained from sewer operations, they said there was no break. they informed us there was a stoppage, and that it was the responsibility of the homeowner to repair it. that is when we posted a home for on sanitary conditions. it continuously kept on happening, and that is when we knew we had a break. >> when did they come back to that determination about our lines? >> there with me.

i just got this today. -- bear with me. they had already gone out there and had made sure that it was not there. sewer operations have cleared but the problem still is reoccurring since 2005. that is when we got involved. >> i have a question. were there any other reports that resulted after the last inspection, last report in 2007? there is almost three years. >> we have been going back and forth since our notifications.

once we got no response, we took it to code enforcement. that is when we have hearings and all of that. hopefully, that is when you get a result. it did not get a solution there, so it went on and on. it might have been cleared from time to time, but the problem came back. >> where is the responsibility of the home owner and city to take over, and vice versa? >> the home owner is responsible from their home to the curb, and some people think it is just the house of trap. but if it is not at the curb, it will be whatever it takes to get to the curb and then another 1 foot outside. you're usually digging and making that connection. the city will bring in the main lateral and they will bring that piping to your location, and as

a courtesy, will leave it to the current location. they can request you are connected to the main bilateral, but the city generally takes care of that line from the main curve. >> the tree they are describing, it could have been a tree in the sidewalk? >> they are saying it is a private tree in the ground or sidewalk that is causing the problem. i do not know if that is the problem. i have not seen it. they are pretty good about this. >> it is pretty common in san francisco, trees growing into the sewer. >> if you have tracks operations, and earthquakes -- who once and that water gets to the ground, the roots find that water, it goes to that water source, and then it fills with in the pipe.

very common. >> if there are no more questions for the appellant, please. >> my name is bill wasko. commissioner jacobson is unable to be here today. i am going to address a couple of issues that were brought. this problem has been going on since 2001. the issue from the time the city gave mr. jacobson notice was about whether or not on the city side or on the property owner's side. i think that is clear. >> after mr. jacobsen -- we

clearly it acknowledged there was a problem. you could see the sewage coming out of the trap. the question is why was it coming out? was a problem with the jacobsen's property or city property? when the jacobsen were notified about the problem, he had a plumber come out and he said that the problem was out in the city lines. there was discussion between jacobson and the city about that. the city said we decided it is on your property. there was a notice of violation that said there was a problem with the house trap, but did not specify the problem. how is it effective? it is my understanding that typically if there is a problem with the house trap, sewage will back up into the house, as opposed to the street. that said, the bottom line here,

after all these years, the work has been completed, it has been finalized, it is code compliant, and the problem persists. the problem is not with mr. jacobsen's property. the problem is in the streets. the city has come out regularly since 2001 to clean up a line in the street because that is where the problem lies. mr. jacobson has no control over that. the problem the property owner has is he will now be required to spend $2,000 in liens, fines, work that was expended when he has no control over where the problem lies. that is in the street. mr. pacino, who did the work, can describe to you what he saw. he had the sewer department with him when he did the work.

i think it will be a little bit clearer that this is not so obviously a problem with mr. jacobsen's property. it is clearly much more a problem with the city's property. i have a letter from mr. jacobs said that he prepared before he left that explains what has happened over the years. at the back is a picture that was taken last week that shows this to which -- shows the sewage coming out.

as i said, this picture was taken last week. this was subsequent to the work completed and finalized. as you can see, there is still a problem. now i would like to have mr. patino come up and explain what he did. >> on august 18, i got the permit to do the work. i called for inspection, and asked the inspector to give me a correction notice of what he wanted me to do specifically. at that time, i did not know what they wanted me to do. he wanted me to replace the

existing two way cleanout. then basically when i was speaking with him, i called for inspections. i knew that the line was stopped. i took my snake, tried to clear it up. the inspector pulled up at that time. when i am pulling out the state, it got stuck at 8 feet. he had plumbing experience in the past and he said, is it possible it went back toward the house? when i pulled out the senate, you could clearly see there were some routes. -- roots. at 8 feet, that would have been

going to the house of the downspouts. so clearly, to pull out the roots, it was toward the street. i asked him at that time if he could get the city out there to clear the line. he got on the phone, got the city working there within a half hour. basically, the city worker got out there and started clearing the line but had trouble. he also mentioned that his snake got stuck at 7 feet. mine got stuck at 8 feet. basically, at that time, he continued.

after making attempts to clear the line, he finally got it cleared and the water started to flow. after he cleared it, he continued for another 15 minutes to make sure the line was cleared. at that point, i asked him, can get a camera out there? he said he would make a report and try to get a camera out there within a week. he gave me the number of ray matias, the person in charge of this. he said back in june, he tried to get a camera out there but was unable to get to the sewer line because of stoppage. i told him that the line was clear. would it be possito