>> i can weigh in on some of this, as an agent in san francisco. whatever has become a liability of the acquiring party is what ever is recorded at the time of the sale, so if a material was disclosed in the sale, and the party acquired the property agrees -- title or any other negative aspect associate with property. they buy an understanding that is an issue they have to deal with. given that this was being sold by the banks, it sounds like it was not a regular transaction. in the case of a bank doing a

sale, the rules are very different, and i can say that from experience. if i have a clyde buying a property from a bank, i make it clear to the client that the rules of disclosures, and no moral procedures for transaction do not apply and the bank has all the resources legally and otherwise to know what the law is, what their obligations are and it's probably fair to say there is a fair degree of and chartered territory, even though we have been in the short sale business for a few years. so some of this probably has not been tested in courts, so we do not know exactly what the law is. but as a buyer, you should be prepared for some nasty surprises, just as you are in the event of an estate sale. it is one of the few cases where the term as is has muscle.

it is what it is when that happens. i thought i would share that with you. thank you. commissioner lee: any other public comment? seeing none, public comment is closed. commissioner walker. commissioner walker: it seems to me, ms. fong was caught in the middle of a quick sale, lack of updating notice. i would like to make a motion that we grant her request to take back jurisdiction and allow her appropriate notice. maybe today we could notice her -- i do not know. >> the way this agenda allows you to take up the merits of the

appeal -- if you were to grant jurisdiction, would be to proceed to hear the case today on the merits. commissioner lee: i wanted to state, the department did nothing wrong in this case. i believe dbi sent the letters to the proper property owner, as listed in the recorder's office. however, it did appear that they were a little slow in the listing the new owner. the notice of the director's chair was sent to the bank, which was the right place, but they should have informed the new buyer. that is my belief. subsequently, nobody showed up at the directors hearing and an abatement order was issued. technically, the abatement issue

should have been sent to the new owner, but it was not. if it was received by the new owner, they had the appeal to -- right to appeal the within 10 days. so i would support. commissioner walker: maybe we could look at ways of letting this to the assessor's office somehow? especially in our new system. if there are violations attached to property, that these things are recorder quickly so that people and the public are updated as to the reality of it. >> so commissioner walker, or motion to take jurisdiction over the case? that is your motion? all those in favor? oppose? the motion carried unanimously. the payment appeals board is

taking jurisdiction over item to which is case 6743. the owner of record it in the appellant is christina fong. the department has seven minutes if it wishes to state its case. ms. fong will then have seven minutes. commissioner lee: then we will have public comment and rebuttal. >> since i have already summarized the case, i want to address some of the question that have come up previously. the timeframe from the position of the director's officer to the time it gets sent to the recorder, it is because the delay of the process, we have to wait for the 10-day appeal period. so when we issue it and send it

out, then there is a 10-day period we must wait for the order of record that has been noticed, whether or not we send it over to the recorder's office, so there is around a 30-day period before it gets sent to the recorder. part of the problem is, as far as future direction to the department, maybe the recorder's office, there is a delay between when instruments are recorded and when it appears. i think that is part of the problem. also, when we take a document, order of abatement, revocation of an order, it could be some weeks before that is recorded. we stand behind individuals coming that day to get their documents recorded. i will say that ms. fong, when she was contacted by us, when she got access to the property,

looked at the complaint. regarding the delay to the inspection, there was no delay. if you look at the data sheet, the assigned housing director did make continuous efforts to contact to the owner was to get in and verify that we could conclude this particular case. so with that, unless you have any other further questions -- commissioner lee: ms. fong, you have seven minutes. >> good morning again. as i've previously indicated, on july 8 is when i became aware of the complaint filed. based on my own volition and advice from my attorney, i

looked it through. a housing inspector assigned mae an official who provided mea copy of the case file. within 10 days, i ordered for a service technician to repair the heater. i provided a copy of the invoice on july 20 as proof of repair. on july 16, i have corrected the order of payment as soon as i was made aware of the problem. if i had known about the order of abatement sooner, i would have been able to appeal and follow the process that you have outlined. as soon as i learned of it, even though it was after the fact, i made the corrections, made the repairs as soon as possible. i do not know if i have anything more to add but i appreciate that you took that jurisdiction. i also want to thank a couple of

individuals from your staff who helped me to get through this process that i needed to have the abatement appeals board take back jurisdiction before i could have an appeal heard. so i do want to thank ms aherne and ms. harrison. that is all i have to say. thank you. commissioner lee: questions, commissioners? any public comment? commissioner walker: rebuttal? >> we do have three minutes, if the department or appellant needs it. i do not think ms. fong has anything else to say. there is no public comment.

commissioner walker: this is unfortunate, one of those issues that should have been included in the description sheet. the bank should have been responsible for that. these issues are real that we deal with. i appreciate that you have carried forward but i think the assessment of cost is the amount of money that we put into it as a department. to me, it looks like the department acted rightly in this case. i think i will be supporting upholding the assessment of cost and upholding the department's recommendation on this case and ask that the bill be taken care of.

i think you are then free to do what you want against the previous owner, because it is a civil matter and out of our hands. commissioner lee: commissioner hechanova? commissioner hechanova: in light of what has happened, my primary comment would be that we provide service to the citizens of our city and we not be punitive where in the course of due process, there were balls that were dropped. the category of being rational and practical about this, without getting lost in the department policy on such a minor item, where the owner had really taken into account responsible action, and along with that, it was really simple.

we should extend a courtesy of service by granting this appeal. we need to take care of our citizens. it was really out side of her scope when the former owner dropped on her this item. so there are process cheese, but the category is we should be rational and practical. something like this is fairly minor. commissioner murphy: i would agree with commissioner hechanova. i think ms. fong did everything right and she is getting slapped on the wrist here -- at least that is the intenst.

at the time, too bad for the owner -- i do not particularly like that. i am sure there was some staff time spent on this. maybe too much time. that is not for me to say. that is just my humble opinion. commissioner lee: i think that this is unfortunate that this situation rises but i do not think our department did anything wrong. completely waving the fee would be admitting that we did something wrong. maybe there could be a compromise, maybe a midpoint? how about 50% of what the fee was and then suggest that the

owner seek remediation or something with the previous owner? >> i do not believe the owner will have a chance to get the money from the bank. we are charging this fine to her when she did nothing wrong. i am wholly opposed to that. commissioner walker: i think this is setting a bad precedent. is basically allowing banks to do what they want to do. ultimately, it is the bank's faults, but ultimately we are setting a precedent here because there is no other argument other than the bank failed to deal with this issue and we fail to record it. we allowed for the new hearing -- maybe i can get an assessment from the department on what about this is -- excuse me,

fines and penalties? >> the amount in the final bill that was sent out august 13 is $1,346.50. that is our time. that was the final bill. that was before this appeal. >> i would like to make a motion that we -- commissioner walker: i already made a motion. >> i would like to make a motion that the case be dropped with no funds to the owner. >> motion to grant the appeal and reverse the assess the cost. it is not penalties of fine, it is assessment of cost. commissioner lee: second.

any further discussion? >> we will take a roll call vote. [roll call] the motion carries on a vote of 4-2. commissioner lee: thank you. >> item d is general public

comment. is there any general public, related to the abatement appeals board? seeing none, we can move to e adjournment. all in favor? ok, we are now adjourned. we will be taking a short break to set up for the building inspection committee, probably at 10:00.

>> welcome to "culture wire."

today we're headed to smpling f. camera works, a premiere venue for artists working in photographer, video, and digital media. the latest exhibition lists clearness as a set of political alliances and possibilities that it is behind the sphere of dominant gay and lesbian culture. the curator fills us in on the process of creating this thoughtful exhibition. and what she would like you to take away from it. >> i co-cureated with danny, a chicago-based writer and curator. the conceptual framework is what it means to be clear and radical for our generation. clearness as a set of political alliances and possibilities, not necessarily related to institutions of gender and swam

formativity. danny and i wanted the show to feel funky and to have a really tangible quality to it. so part of that was incorporated handmade objects and installations and beautifully printed photographs and videos. there is also a lot of opportunities to participate and to take postcards or to get the photo taken or sit within a tent made out of afghan blankets to watch videos. the exhibition is organized in three distinct galleries. in gallery one, which is the gallery designated to clear activism, there is an installation by the oakland-based collaboration and it's called "unleashed power." it's all focused on one protest that happened in chicago in

1991 with the activist organization act up, which was protesting the inadequate health care for people living in aids, and specifically it focuses on an act of police violence that occurred at that protest. the thing that is really interesting for me about that piece is that it brings us back 20 years to what clear activism looked like at the height of the aids crisis. gallery two features work that is related to intentionally communities that exist both within cities, also in rural spaces, and transient communities as well. the return features a no madic clear tribe, the people who join this tribe are often in various states of transition themselves, whether it's leaving behind previous gender assignments or corporate jobs or a life within cities.

a lot of the work featured in the exhibition and a lot of the installations are handmade objects. there is a lot of do-it-yourself aesthetic and that handmade do-it-yourself feeling is something that mimics the idea and the reality of the alternative world making that we're trying to represent here as far as the self-sufficient community goes. gallery three features work that relates to the ideas of self-determinenism, alternative world making and utopia. visits can still participate in this -- visitors can still participate in this project. during the opening, we invite visitors to come in and try on these costumes, pose in front

of the backdrop. he was really inspired by comic books that he read as growing up and thinks of this space as a post-apocalyptic monster portrait gallery where people can remain genderless once they put on the costumes. we think it's important that this be happening in san francisco, which is considered an ekpe center of the queer actual cure. the majority of the queer cultural events happen in june which has been designated as the pride month. which to me translates as the period of time in which people can be in clear arts and culture. in september, it's hashingening back to that and proving that this is something that is scon significantly happening all the time. what danny and i hope visitors

take away from this exhibition is to observe the diversity within the designation of queer in terms of race, in terms of gender presentation and intergenerational perspective of what it means to be queer as well as what it means to exist and be active and work in solidarity with people whose identities may or may not look like yours.