case no. 67580. commissioners come in your packet you received written requests from the appellate for a continuance, and the department does not object to this. you may want to consider a motion. >> i move continuance. >> second. first and second. is there any public comment on this item? seeing none, all in favor to vote for the continuance? this item is continued. case no. 6756423, schmidt, a valley road california 952

action requested by appellant to hear an appeal #6756 previously addressed by the abatement appeals court on january 18, 2012. the department needs a minute to debate the case. >> who will be speaking on behalf of the park department? rosemary, i think we are ready for this. take out i am sorry i stepped out to help the gentleman. this is a brief hearing situation. we included the information before. this was the case just recently before you. you up held the hearing officer. we really do not have anything else to get into as far as the content, because what is before

you is whether you will grant the rehearing. looking at the application, we did not see any new information. that is really all i have to tell you at this point in time. >> i have a question of the status of what is happening right now. this board upheld the department's decision. there is an abatement order posted on the building, correct? to go that is correct. -- >> that is correct. we have not pursued a warrant to get in at this time. we wanted you to address the request before we moved forward at all with compelling in compliance. to go before we reach the hearing requests, what would have been required to lift the abatement? >> we upheld the department's decision, so what happens after

that? with respect to this particular case, this was an issue with respect to the exterior paint. we have seen that from adjacent inspections that some of the work had been done. there was also peeling paint. as recently within the past 30 years -- 30 days, that inspector was on a property perpendicular to the site elevation to the property and noticed a bunch of peeling paint and took photographs of that. we still have a situation occurring with peeling paint on the property come in not having proper containment. we still need to address that, and also need to address access to the building for purposes of the routine inspection, while that was not specifically before you come it was part of the discussion at the last commission meeting. >> my understanding is the

abatement order was placed on the property. we wait for the property owner to respond to us? >> he indicated he was not going to let anyone into the building to do an inspection. we will not be able to tell you until we get access, and we have not asked for access. >> that is not what i am asking. how does the property owner get it removed? >> he it needs to get it approved by site inspection that all work is done. we need to access. >> any other questions, commissioners? we will hear from the appellant. to go good morning, commissioners. appearing as property owner. >> can i interject for a moment? what is before us is a decision

to grant a hearing. just whether or not we should grant rehearing? i did not see in the attached. that is what we would be listening to now. >> i did not see anything in the application that required me to submit any new evidence. i do not know where that is coming from. i did not see anything to that effect. just for the record, the main the primary reason for seeking a rehearing is in order to proceed in superior court to have a prior decision reversed, i have to exhaust my administrative remedies, which includes this proceeding. i think your prior decision was erroneously, because into the state department has produced no regulation, law, or anything

that requires me at any point in time to allow that they would have to inform and inspection. and they have not done that. i argue that with the last hearing. given the new opportunities that they failed to submit any law. the law is to the contrary. in order for them to have inspections. there has to be a lot to zero -- to force me to allow inspection. the only alleged violations were external matters. each was timely and fully -- i deny the there are any of the first place. i don't with the alleged violations in a timely and fall fashion.

-- full fashion. there has never been any testimony that i did not do the work as specified and request an order. the only issue all along has been the department insistence that i allow an inspection. they tried to force an internal inspection liability without the proper law. there is no law that requires me to do that. with all due respect, you commissioners also ordered me to allow an inspection of my building. you cannot of -- order me to allow inspection of my building. the department for president has told you as much. she said the proper procedure is

for them to get an inspection permit. you are not a court. you cannot issue a donation. that was my basis for the rehearing. as i stated, to exhaust might administrative remedies. there is no evidence that i anywhere violated any code. i quickly and properly in a timely fashion prepared any alleged violation and requested the repairs were done in a timely fashion, and no one has ever contradicted that. the new information about peeling paint has nothing to do with this proceeding. i do not know where that is coming from. if there are any questions, i will answer them.

as i say, this is a preliminary step to go to superior court. this is not right. you cannot force people to have an inspection of the property. it is clear. you can ask staff. they will confirm that. i do not know why this was issued require me to have an inspection of my property. you have no such power. cite me the power, and then maybe i will reconsider. the >> i have a question. since the january 18 abatement appeal board meeting where we decided to uphold board of abatement, have you attempted to contact the department to resolve the abatement? >> no, because there is nothing to abate.

>> i have a question. and how do you think people are supposed to inspect -- >> if you look at the original order, it says you have to do such and such work by such and such date. i went to the hearing on that,, the administrative hearing order said in order to show evidence that the work was completed. i went to that hearing. i was the only one who testified. i testified the work had been completed. there was no contradictory evidence that it had not been completed. no one has testified other than

the about the work. the inspector was not there. the answer to your question is if you go by the rules set forth for the hearing, it only requires that i show up and prove the work was done. i did that. mr. freeman heard the evidence, but he brought in the whole notion that i was duty bound to allow the inspection of the whole premises. that was the whole argument of the original hearing, that i was not cooperating with the original request for inspection of the whole premises internal to routine inspection. i did not even get into that argument, because mr. freeman said deal with them. he was not talking about an

external inspection. he was talking about external and the rest of the premises. the real point is this board, this commission, the department itself submitted external pictures of my building that proved the work was done. she congratulated me on the work that was done. the whole side of the building was painted. there were only two points at issue. the north side of the building, which clearly demonstrated the work was done. she showed a picture of the front of the building, and i believe the picture indicated the south side of the building, which projects 3-5 feet where there was allegedly black paint. all of that was painted.

the pictures submitted by the department prove it was painted. i proved it was painted. i stated under oath it was painted and all the work was done. that takes care of the violation. the only issue here is my refusal to allow entry into the building for them to do an inspection. that is not an issue that was ever before in its front of these procedures. the only way they can get that access is if i agree. i have not agreed. instead of doing it the right way, they are using this whole process of my expense if i tried to force me to pay for this process by leveraging this whole process to force me to do it, notwithstanding my right.

by rights are very clear that they have to get an inspection. the bottom line is they cannot use this procedure. by that i state of use of this procedure in force me to do something contrary to what the law requires them to do. that is all they are trying to do here. that is not right and not fair. i welcome anyone to show me where you or the department has the authority to enforce this. any more questions? >> thank you, mr. schmid. >> i have a question of staff. are you able to inspect the work that was on the violation? >> no. >> thank you. >> any other comments from staff

and a bott? >> the staff will go first. consideration for rehearing -- >> for point of clarification, the notice of violation clearly show the requirement for reinspection, and also, the code sections are cited in the request for a routine inspection right in the first paragraph. it cites the housing code requirements for the inspection. >> that is part of the violation? >> the property owner said no one has ever showed him any code violations. i am saying the documents he should fi-- the only other poinf clarification is that on the notice of violation that is

before you, some of that was issued based on seeing it from adjacent properties that we cannot get back to. we still need the inspection to deal with that and the routine inspection later on. >> think you. >ank you. >> any other comments from commissioners? any public comment? i would like to make a motion that we do not have a rehearing. >> second. >> a first and second on the motion to not have a rehearing. all in favor of this? the rehearing is denied. item h, general public comment.

the general public comment for items that are not on the abatement appeals board agenda. seeing none, adjournment. motion to adjourn? >> move to adjourn. all in favor? >> we are now adjourned. it is 10:15. we will take a 10 minute recess and reconvene as the building inspection.

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