and he did not have that information. when he posted the building for the january hearing in 2012 and the work was not done because was right in front of them, had he seen the work was done, we would have been more than happy to update this case. unless there are any questions, that is what i wanted to convey to you about this particular case. thank you. >> what is the work like now? has it been updated? >> yes. i do have a picture in the package for you. he had made some nice improvements and renovated the garage door. it looks much nicer and he did it go ahead and take care of it. it is a success story as far as that is concerned and we commend them for doing that work, it's just a question of how much time it took to do it. >> when was that photograph taken? >> this has been taken within the last month or so.

>> you mentioned the second directors hearing was posted on december 30? >> yes. >> reinspection -- >> when we posted the building, he would have been able to see clearly whether the work was done are not. >> and the photograph from that inspection? >> i don't believe so. >> thank you. >> is the appellant present? >> good morning.

this is quite new for me, so you may have to excuse me. from what i understand, there is this to be a posting on the house when somebody comes out. >> what is your name? >> i'm sorry. barron flemming. i was occupying the home in november of 2009. i was going in and out of that home until march the force. there wasn't no posting of any sort. i did not get an e-mail. i didn't get it at that address. my sister gets all the mail and

that is at magnolia in oakland. my understanding is this to be certified mail. i believe that is what it says on the web site. there is this to be posting on the home and it is to be listed -- this to be from a certified mirror. i did not get that one or the third notification on the directors' meeting. -- certified mail. the only posting i got was the last posting telling me i was supposed to come here. i do have a p i saved it as a message to a friend of mine helping me do the work. it is dated november 1.

>> which year? >> 2011. it is my understanding i was supposed to scrape the paint off the side of the house. i do have a picture of that, but i could not submit it because it did not have the date on it as a picture. but i do have it here on my cell phone. >> is there a way you can put it on the overhead?

>> all of the scraping was done at the very top and i was just in the middle of doing that when i sent a text to my friend telling him i was doing the work and it was going well. i will show you the date. here is the picture and there is the date. can you see that? >> that was november 1. that was to days before the meeting.

ipad asked during the meeting whether i could show the picture and he said i don't need to see it. on november 4, that is when the rest of the work was done. as far as the scraping and the priming color that was done as of november 4. i don't know where the discrepancy came in. that's all i can say. i have new pictures of the painting. i don't know what else to say other than i don't believe, especially since the meeting on november 3, that we owe

anything. we did the work. as far as march the fourth, we did not get notification. had we got notification, we would have acted promptly as we did in this case of notification from sometime in october. i don't want any cost over and beyond the work that needed to be done. nobody wants to pay that kind of money. i don't know what's going on with the inspectors and where the discrepancy lies there. but it's all done. i don't know what else to say.

i want to make sure i get all the points and. i may be rambling but i don't want to leave anything out. >> at a hearing on march 4 -- what did they say to you at that hearing? >> they said that i needed to get the work done. that they notified me and went through all that and said i had 30 days to finish the work. >> and yours was to come in and get it signed off? >> i was supposed to call and make sure the work was done. at the point where i got the work done -- the same day of the meeting -- the person that was running the meeting said he did

not want to see the pictures. i called that day and left a message saying the work was done, could you come out and see a? at least the scraping part. that was what i needed to do was get the paint off and private, am i correct? >> i think you had to finish the project. >> from what i understand -- at that particular point, the issue was the lead paint and having the paint chips peeling off of a wall. i scraped it and private and that settled the issue about the peeling paint and there being any lead paint exposed. >> you never had a final inspection to sign off on what the violation was?

>> the final inspection came after i got notice of the directors' meeting that i did not get notification of. at that point, that is when i made sure -- i must have called him a few times at that point. he went ahead and set a meeting i think a week or two out and that's when he came to see the property. i am new to this whole process. most people are when they get some that might this done. the outgoing message that i did not have to leave any extraneous information, so that, i did. i just did not get a call back. i don't know how many times i'm

supposed to call. i left a message with him and his secretary or whoever is that answers the phone. >> any questions, commissioners? >> use strike me as a man -- is it just the one property? you have a rental property? -- who is in his property? >> my mother. >> and she passed? >> yes. and i moved in. >> thank you. >> of department rebuttal? >> one more question for mr. fleming. our chronology of events

indicates that on november 3, you had a director's hearing and you did attend that hearing. at that hearing, you got a 30 day continuance. >> guest. -- yes. >> but you said you presented a photo that says you have already done the removal of the lead. so in your mind when you left on november 3, you believe you had filled the obligation? >> i believe when i went there and was offering to show the picture, that the work done, he said i don't need to see it, at that point coming to me and you to call -- >> and have him cannot to see that you had done the work? >> yes. to make sure he was going to

come out again -- i do know that i called him and expected him to call back. >> our record indicates on december 30, a reinspection notice was posted that indicate the violations or some of the violations remain outstanding? it says directors hearing, notice posted. >> does that mean it was posted on the home? >> yes. >> that did not happen. >> you did not get that posting? >> that notice said the inspector noticed certain violations remain outstanding. it says on january, the next month, there is a second directors hearing and the property owner received a seven-

day order of abatement on those outstanding matters. did you get that? were you aware of that? >> after the directors' meeting? i got that one. >> when you talk back with the department, were you clear about what the outstanding obligations were? there was apparently something else left. our record says general maintenance still needed to be done. i don't know what that included. >> it was all done. >> in your mind, it was all done in november? >> it was all done in november. >> our records indicate you

received something else and that's a discussion about some other items still in dispute but you were not aware of that? what i did not get anything else. as a matter of fact, i did give a picture of the work that was done -- completely painted and everything. i gave a picture of that to bernadette peres. that was supposed to go in my file and i don't know what happened to that. i guess it didn't make much difference because it didn't have a date on it. >> all i know is our records indicate things are piling up on you and you say you didn't know it. you thought you were finished. >> yes. >> thank you.

>> three minutes rebuttals from the department. >> i want to commend mr. fleming for giving us information on what he was aware of when he was going through this process. because the work as you can see from the photograph was not complete on november 1, what happened at the directors hearing was he asked for a direct -- for a continuance to get the work finished. eckhart showing that he or his sister did receive the information -- we have a card showing he or his sister did receive the information. when he failed to show up at the second hearing that occurred in

january of this year and we did not get contact from him and did not see the work done when the posting occurred in late december, and the hearing officer did not have any other information, the offer -- the officer chose to gave the order. if the gentleman could not make the hearing -- he was still in that process and he could have let the officer know we did not give any further information from him at that point. as far as we are concerned, the work is done after that second hearing. this is a situation where we do believe the property owner did do some very good work on this building but there were extended time frames and the city without a significant amount of time that otherwise would have been much more straightforward. at the hearing, i will tell you the notice of hearing is pretty clear. the hearing officer is able to answer any questions.

if it was unclear at that point that he needed to follow up on that, we do our best to try to follow up on those questions. i will not let them leave the room unless they are clear. i think your questions were good. i don't think there's anything else to add at this point except that we're perfectly willing to work with the property owner on this issue. >> i have a couple of questions. it may be the same question. who actually posted the december 30 as hearing and -- >> i believe it was the inspector. once we posted on the building, we don't know how long it's going to stay on there. we post a notice of hearing, a notice of violation, and the warner -- the warning boilerplate. [tone]

be order was the same thing. it is also sent by certified mail. why do we do that? because they have to sign it. >> you have the receipt that someone received the second notice? >> for both hearings, we have the green card. >> can we see the green card? >> the inspector is the one area inspected it on december 30? [tone] >> as you are looking -- it is my understanding there is something going on at the house and then there is written notification going to oakland to the sister. >> we are required by law under

the building code to send the notification to whoever the owners are on file with the assessor. at some point, that is where they chose to get the documentation and that's where we sent it. we also post 2 building, so both were open as you see from we included on our package and in addition to that, the building was posted. if it was taken down, which can happen, we do an affidavit from the inspector -- it may be back at my desk. i just had it in front of me. >> i have a follow-up question for the inspector. was the december inspection -- the work was still not completed. is that right?

>> do you want to swear him in? >> do you promised to tell the truth to the best year at college? >> affirmative. >> in december, when you reinspected -- to the best of your knowledge. >> in december, the work was not finished? >> correct. >> was it done as much as the appellants photograph shows? >> i know that the work was not completed. >> when you do the posting, and specter, do you take photographs? >> we do not. >> that is a procedure that you don't have to? >> there is no requirement to take a picture at that time. >> take a picture at that time. anwe are required to place the

document on the building. it does not stipulate where on the building. >> any other questions, commissioners? >> one last thing come up when you did their reinspection you posted it again that said you were there and nobody was there to show you around? >> there was no time during my interactions with this property did i ever step foot inside. >> thank you. >> any other questions for the staff? >> i am actually sympathetic to this homeowner. i believe that -- >> are you deliberating now? i want to make sure we close the

questions. >> final rebuttal? >> if there are no more questions, we should have a rebuttal. >> i am sympathetic i also know about neighbors and anything can happen to those notices. rosemary, when you said we're willing to work with a homeowner, what specifically did you have in mind? as you said, i am sympathetic to the property owner as well, but as you can see, they were aware. they have the legal notice with respect to the hearings.

they asked for a continuance and got that. at any point in time have they communicated that the work was done, we would not be here today. and from that standpoint, we would definitely -- it is the pleasure of the commission to reduce the amount, we would be happy to do that. the billing has already been conservative, but we would be more than happy to look at that again. >> three minutes for rebuttal. >> it is my understanding that when we received a certified

mail we have to sign for it. the only piece we ever signed for was the one you have on the back of your packet. this one and the one in january. right after the january meeting was when weaver notified we did not make a -- when we were notified we didn't make the hearing. this one, and i do not see anything else in the packet that has my signature, or my sister,

or her husband's signature on it. i am not sure exactly. i believe we're supposed to sign for this when we get it. there are only two. are we supposed to have certified mail with every correspondence they send to us and baldin? >> so there are two receipts that are the only things we sent out, which is for the notices of both of the directors hearing, that you received both of them or the representative of the oakland address. both of them were received. those were the notices about the director's hearing. one of them you missed, and one

you were there. the first when you came to. the notice on a 10-22. the one that was delivered was the second directors hearing, which shows the same person received it. one--- 12-02 was the director's hearing. the 2-9-12. >> ok. we received it on 2-9-12.

>> i have a question from staff. so at the directors hearing, the first one was 11-312. -12. this is mark received. the date of delivery on the card is 2-9-12. i will show you. that would mean it was delivered after the hearing. >> it went out 10 days prior.

if there was an issue being delivered by the post office, only that it went out and plenty of time for the hearing. where it says received, that is back to the department. >> the date of delivery is 2-9, so the appellant has a point about not receiving notice. it does not mean that was not posted on the house and does not mean the work was done, but i am concerned about that as evidence in this case that you received the notice. >> what you are talking about is the date of delivery of the upper corner. it does say 2-9-12. why that is the case, i did not know. this went out way before the