we want the businesses to stay open. our director at the hearing, the first director said, please, apply for a long period continue to provide papers to show us you have a loan to go work on this. come back in acome back in a mo. the day he was supposed to bring us that documentation to show he got a loan, he did not show up. i think this is a repeated pattern. i would encourage mr. marenco to do his best to comply with these laws so he can apply for another permit and open again. we request that you sustain it revocation of the permit. commissioner fung: is there a time limit where one can -- one

is prohibited from applying for a permit? >> you mean once a business is closed? commissioner fung: is there any time limit he would face to reopen? >> once it is revoked, it is revoked. right now, his permit is not revoked, because he applied for this appeal, as i understand it. commissioner fung: but you are asking us to sustain the revocation. vice president hwang: assuming the revocation hold up, how must -- how much time must pass before he can apply for another permit? >> i am not sure. commissioner fung: no time limit? >> i do not think so. i did not understand. president garcia: i think it is time left, so please come up. you have to identify yourself again. >> i am here with the applicant. we gave mr. marenco many

opportunities to come forward and resolve this problem. as the office enforcement, we also want businesses to continue working. for that reason, we give employers an opportunity to move to a settlement and a payment plan, and do that kind of thing. we met on october 28 for the first time. when we met, one of the things he said was the restaurant is prosperous. the restaurant only makes 350 -- from 250 to 350 a week. i just wanted to bring you to this mansion. -- mention. i believe revoking the license will be even better for him. thank you. president garcia: thank you.

>> commissioners, the matter is submitted. vice president hwang: this is an open and shut case, in my opinion. i commend the city agencies, the department of health and omc for your efforts. working with an employer which has repeatedly failed to show up and do the right thing -- pending comments from my commissioners, i will move to uphold the revocation. president garcia: it looks like there are no other comments. commissioner fung: well -- president garcia: i am sorry. commissioner fung: i was thinking. it appears, given the extremely long time frame that has occurred through this process, not much else is going to

happen. while i am sympathetic to this employer, who works hard in is going to lose out on the money -- and is going to lose out on the money -- that is it. president garcia: thank you. >> vice-president, would that be on the basis of the reasons stated in the dph order? vice president hwang: yes. >> when you are ready. >> we have a motion from the vice president to deny the appeal, uphold this revocation on the bases listed in the -- basis listed in the dph order. commissioner fung: aye. president garcia: aye. commissioner hillis: aye. commissioner hurtado: aye. >> the boat is 5-0.

the revocation is upheld on that basis. >> item 7 has been rescheduled to april 25, so we will move on to itunes 8 -- to items 8 a and b. both were filed by junel solach, versus the department of building inspection. it protests the issuance on february 14, 2012 to peter fealy living trust, protesting the issuance of an electrical permit and a plumbing permits. -- and a plubming permit. we will begin with the appellant's up -- attorney. >> eunice chang appearing on behalf of junel solbach.

this board is to hear appeals if the health and safety of the public will be impacted by the granting of a permit. in this case, we are dealing with a repeat offender, a land owner who has a pattern of disobedience to the decisions of the department of building inspection. the 45th avenue apartment which is the subject to this appeal -- in 2009, the landlord filed a permit to demolish this illegal permit, but he never did. instead, he rented out to an unsuspecting tenant, my client, junel solbach. he has a property on 47th avenue where he went to the same process. it was an illegal unit. in 1996, there was an order from the department of building inspection and a restriction on the deed that said you cannot rent out the illegal units. you have to remove it.

in 1996, he filed a permit that said, "yes, i am going to remove it." in 2012, the same building -- the illegal unit has not been removed. he is renting it out. he is profiting from all these illegal units. the san francisco board of appeals has an interest in protecting the health and safety of unsuspecting tenants, who are going to live in unsafe, illegal units. the city has a competing interest to make sure the orders and decisions of the department of building inspection are followed. if the permits are granted, there is no guarantee he will follow it. what he will do is maybe read it to another and inspecting -- unsuspecting tenant. our proposal is, if he has been getting all this benefit from illegal units, legalize it. make him make a safe unit, so that tenants will live there and

it will be safe and legal. if that is not feasible, we are asking that a restriction be placed on his sleeves -- on his lease. at least the public will find out "i cannot rent this. this is illegal." commissioner fung: counselor, that is a relatively novel argument. your client is a student? >> yes. commissioner fung: and the term is up in june? >> it was canceled, and then it goes from month to month. commissioner fung: i am talking about her school. >> she graduates in may. commissioner fung: graduate in may? >> yes. president garcia: not that this board will do it -- come back, if you would. if we were to end up continuing this until early june, would

that benefit your client? >> i think that is fine. but my client, i think what her plans are -- she is going to work and figure out what she plans to do after she graduates. president garcia: thank you. >> we can hear from the permit holder. >> good evening, mr. president, members of the board. my name is steven mcdonald. i represent the permit holder and respondent. i have a very short break. i was just retained yesterday. mr. president, may i submit it? >> the board rules only allow briefs be submitted -- president garcia: you are going to have to do it orally. >> let us assume the facts are not in dispute. we have a garden variety in law unit, a sunset special, if you

will. this cannot be a novel issue, that this board is being asked to legalize an illegal unit. i would be very surprised if the zoning administrator or any other agency says differently. otherwise, you could legalize the tens of thousands of other illegal in law units -- in-law units. we have a case in which commissioner fung is quoted, in 1988-'89, in which the zoning administrator sued this board because it did approve the legalization of an illegal unit. commissioner fung: i just granted it. >> that is right. i will provide the citation. i have a feeling this board is very familiar. city and county of san francisco versus board of permit appeals, 1989.

this party has all of the relief that she needs, all the damages she can sit in civil court. we would not propose putting is over, simply because there is a rule in san francisco that if her tenancy lasts more than a year, she is entitled to relocation money. we think this is a delaying tactic. we have obtained the permits. we have issued her a notice of termination. she is entitled to whatever claims and theories of fraud she would like to bring. those damages and attorney fees -- all of that. the light in this process is improper -- delaying this process is improper and unfair, and it is beyond the authority of this board to legalize this unit. president garcia: with those same revocation fees -- relocation fees apply before

hair year -- before her year is up if the landlord was to allow her to stay until the school term is up? >> we will stipulate she may stay until the end of her school year. i do not expect to get her out before june. if she will export -- if she will accept the stipulation, there is a record. president garcia: that requires no waiver of their rights? >> none at all. we do not request any waiver. just that she be out in that time. i do not think i can get her out. she has a right to court. it is just that notice be served before one year. president garcia: would you like to address serious allegations that in the past this landlord, your client, has gone to this procedure and then rented again when he has represented that his intention is to rid himself of an illegal unit, but instead is

using that property as an eviction process? >> i had not intended, because i think these facts mislead the board -- you can paint the most sympathetic picture of the tenant or the most egregious picture for the landlord. it is not going to change the legal constraint on this board. however, what is apparent is that the owner, mr. fealy senior, suffers from dementia. his sons have taken over the management, have taken counsel for the purpose of seeking a conservatorship. what happened in 2007 -- the elder mr. fealy believed, because apparently the contractor told him, that the unit was legalized. two and a half years later, the suns, relying on that misconception, rented the unit.

the other unit, two blocks away, there was a similar unit in there that had been rented out. it may or may not be occupied. the only evidence we have of that is counsel drove by and took some pictures. i think it is misleading and not very helpful to this panel to look at what might be happening to and a half blocks away in another building. there are other arguments on our side, in terms of his dementia. we have begun to remedy the situation at this point. commissioner hillis: how many units are in this building? >> this is a single family home. it has a second illegal unit. commissioner hillis: 1 not try to legalize that unit? -- why not try to legalize that unit? >> two units. i am sorry. it is a four unit illegal building with a fifth illegal

units. commissioner hillis: why not legalize it? >> it is not possible because of the zoning, as far as i know. in fact, it would be a windfall to us if we could. then we have an extra unit. but we do not know it would be possible. >> thank you. scott sanchez, planning department. just to confirm, the property is located in an rh-2 zoning district. we have the authorized use as a for family dwelling. a fifth unit would not be allowed under the density requirements in the code. there is no way to legalize the unit of this property. it is already over density for the zone. >> mr. duffy? >> joe duffy, dbi.

it started back in 2009. we got a complaint. actually, housing went up on a routine inspection, and noticed there was an illegal units. we sent a notice of violation. there was a subsequent permit obtained. that building permit never got signed off. there is no history after that time of an electric problem being taken out, which would have been required as well. in 2012, the enforcement action has gone to the point where -- i do not know why it took so long. we got a director's hearing decision on april 5, 2012. the owner appeared at that. it was a 15 day order. there was an order of abatement issued on the property for the illegal units. there is a building permit in place, and electrical permit in place, and a plumbing permits to remove the illegal units.

we are anticipating that will happen. obviously, it did not happen in 2009. i spoke to the cheap housing inspector today. she is aware of that. the department will do everything it can to make the unit legal again. president garcia: were there any life safety issues you have looked at? >> i think most of the units probably have some. i have not been to the property. but the notice of violation said "basement studio apartment, approximately 10 feet by 20 feet. sprinkler head on the ceiling with kitchen stove, bathroom,, and refrigerator." i think it is a studio apartment. it probably has some issues. president garcia: i think the will of this board -- we would want the tenant not to stay if there were life safety issues, and then have something happen.

assuming there were none, is it possible for the abatement period to be timed so this individual could stay in that apartment until her school term was up? >> i spoke to the housing inspector today in anticipation of this question. the abatement process is under way, but it takes a long time for that to be recorded. if that is what you are getting at, there is no one who will say you have to vacate the apartment but a certain date. that is not going to happen. it will be in effect on the property. it will not change the end of the school year, or nothing like that. president garcia: thank you. commissioner fung: what about the other property? >> i have not got any information. i am not sure. president garcia: there might be a certain attorney that is

willing to provide you with that. >> i am available. thank you. >> thank you. is there any public comment? seeing none, we will start the bottle. you have six minutes. -- we will start rebuttal. you have six minutes. >> i want to direct you to exhibit b, a complaint filed by the former tenant of this apartment, for the fifth avenue. he was kicked out in 2009, when they made the permit that they were going to demolish the unit. i will also direct you to exhibit 5. that is a complete data sheet -- a complaint data sheet. it is not my drive by it that makes me think the unit had not been removed. there is a complaint of violation. i just wanted to address that.

as for the continuance, i want to talk about that. i contacted plaintiff -- the respondent's council monday. i said in the best interest of my client, i am willing to have a continuance. he emphatically said, "no way. we are ready. we are going to win." you presented the possibility of a continuance. i say no. i gave him an opportunity. i prepared the procedures. i emailed them and they said no. i do not think i care. that is just my statement. president garcia: you understand the reason continuance was brought up was so as to benefit your client, right? >> then i will agree to it, because i think it would be to our benefit. president garcia: thank you. >> anything further?

>> no figure. -- no, thank you. >> commissioners, the matter is submitted. mr. duffy? >> sorry, commissioners. i do see in the exhibit now the other address. it is a little confusing as to what happened. i will make some inquiries of the department tomorrow. it looks like the case got abated, but maybe the permit did not yet signed off. this was back in 2009. i will look into it tomorrow. that is 1600's -- that is 1697 47th avenue. thank you. commissioner hillis: just a question on timing. when is the least over? -- the lasease over, your client's leas?

-- lease? >> the lease was six months. but in san francisco, the lease goes month to month after it ends. he knew she was a college student and it would turn month- to-month until she graduated. commissioner hillis: when is the year up? >> the year up would have been august. president garcia: i have a question for our city attorney. can you collect rent on illegal uses tax -- went on an illegal use? that was for the city attorney. >> i would have to look into that. i think that is a rent ordinance question. >> i can answer that. under the civil code, it is illegal to collect rent. >> how much rent was your client

paying? >> around $900 a month. >> what is the recourse? for collecting rent on an illegal unit. >> we have not filed an action yet. but we will. >> for recovery of rent paid? >> right. and misrepresentation. all of that. >> thank you. president garcia: i would certainly never recommend that a tenant not pay rent, and go through that issue, and all of that. it seems as though mr. macdonald is an honorable member of the bar. i would trust his representation that he would allow your client, the appellant, to remain in the apartment until the school term is up, not having anything due,

and being able to go to graduate school. i would let her aside and let her conscience guide her as to whether to continue to pay rent under those circumstances, but that is not for us to decide. i think we want to uphold this removal of the illegal unit that your client might end up staying there until the school term is up. actually, i do not know of anything that has been presented to us that would cause us to overturn the permit. commissioner hillis: commissioner, your original notion of continuing this to the end of her school term -- i think i would be supportive of that. president garcia: i trust the representation that the individual would be allowed to stay there. it is the same thing, without having to burden the board of appeals with a continued case. commissioner hillis: given the history of what has happened in

this case and the other cases around the corner, i would certainly support a continuance. >> another alternative would be to place a condition on the permit about a date by which worked would begin, or could noy concern with that would be safety issues. i would not want this board to have the responsibility of saying to someone that they should remain in a legal unit-- in an illegal unit. i am not feeling confident about the safety of this unit. from what i read, there is one exit to this unit, which could be a fire hazard. i do not know. i have not heard anything to the contrary. that would be my concern.

it is the safety issues for the appellant. president garcia: may be what we could accomplish, then -- commissioner hillis wanted to continue this. that would give someone from dbi an opportunity to go out there and check on life safety issues. i am sure mr. duffy would see that it happens in a timely -- si would support a continuation for the reason raised by commissioner hurtado. and i would so move. do you want to go to june? >> the board is currently calendar ring -- calendaring

cases for june. president garcia: the appeal could be withdrawn if the client is ready to move. the board will not be generous about allowing her to remain past the graduation date. can you tell us the time when you think it is going to be? either one of you. i do not mean the day she will graduate. >> mr. president, if i may, with further stipulate a waiver of the rent for the duration of her occupancy. president garcia: thank you. >> she graduates may 19. i am not authorized right now -- i have to evaluate the issues, because that may affect our civil case. i have to think about that. i do not want to be forced to make an agreement that may affect her case later. as far as term moving out, or continuance -- as far as her

moving out, or continuance, this is new to me. i am not sure -- president garcia: the hearing would be june 13. >> if you make a decision today, does that mean they will start the process and she has to move out? president garcia: this on the circumstance, as represented by mr. macdonald, your client will not have to move out until the term of school is ended. "we achieved by continuing -- what we would achieve by continuing the case is that we would see you again in june 13, by which time we would ask that she has moved out. by continuing it, we are giving an opportunity for someone to go by and make sure there are not like the -- not life safety issues, that there is nothing hazardous. if so, we would ask your client to move out immediately.

>> that raises the question of eviction. in san francisco, they cannot. they have not allowed a proper eviction about this. vice president hwang: i want to note i do not think we can suggest in any form the appellant move out. i think that is outside our jurisdiction. i think what we are attempting to do is to ensure that your client when have an opportunity to continue to stay without threat of eviction, pending the continuance. we are trying to move the date to ensure that such action could not be effectuated. with your client decides to move out before or after that date is not within our jurisdiction to state. the issue here really is whether or not the building permits are active, it issued, and if so at what point the can begin work.