the person she wants to do the work provided the estimate is a reasonable estimate. but if it's a reasonable estimate we'll use that. i would request we expedite this hearing and i request we expedite this hearing i have to be in court at 9:30. thank you >> thank you does the did not have anything else to say.

>> i would like to know the amount of time necessary to do the work. >> i don't know we're still waiting for the estimate from the contractor. this is not a big narng. the biggest deal is to get the property owner on board and get her to cooperate getting this done >> that said it doesn't appear to be - anything else. >> at this point, i don't think we need to get into detail but all we need to do is put the matter over until next hearing.

>> any public comment? why not for the records give us a copy of the records >> sure that will be fine. >> public comment? public comment? >> okay. just for the record shall we. >> shall we show the overhead? >> this is for the - this is just first page of a e-mail from phillip lubben which describes his conversation with ms. sank

and attached his documents. this was the document that he was speaking about we can put that into the record >> thank you. let me see this, please >> it's a - this is the photograph of ms. you can see will the peeling paint.

this was a building this was built prior to the ordinances cut off date there's a presumption that the paint it led passed >> will we be able to keep those? >> no. you, keep these. this is a record of the complaint that the inspector cleared one day after the complaint was made this had to be with the front but the inspector has not sited her for the led based paint they've only cited my client. and as we've just seen at least

some of those chips are coming from her building not just my clients building it's not clear why the cite is begins my clients and not against her. but again i don't think we need to go into those issues. we need to get this matter fixed and put it behind us >> thank you any public comment? >> give me a moment.

>> good morning commissioners. i reside on the ladies property >> what's our name? >> joseph. he admitted he hired a to peel paint from his wall and he intentionally created a haza

hazardous situation in her yard. i want to show photos. here's inbeggars letter he hired the - he had the paint falling on her property. this is ms. wall and not on here he intentionally dumped those on hers >> here's the - the worker scraping the wall you can see him scraping the paint. and here it is after he did a

terrible job and it had to be redone again. here's the law here's the website the state required for the touching work i do if you plan to do any work designed to reduce led based paint on public buildings you're required to be a led certified worker. here we had the - we had the paint tested and they issued a report that the paint contained

large elements of led. here the paint chips and yard of 769. i respect for this board to uphold the appeal and not let this go on over 10 months. they tried to hire you people that a that are not licensed. >> thank you. >> next speaker >> good morning. i'm ellen. first of all, rubbi he talked t

outside and he said the inspector came to my property already and took 32 photos on may 10th they said they want to come right now and i wasn't even all i auto home. i said what is the reason you want more photos you have 32. he refused to respond to my e-mails. i can't, i can't understand the reason. after they scraped the paint. that's - by the way, that was long, long time we already paint this twice for all those years. this is the current condition of my wall.

you see any paint there? 0 that's just untrue. since the condition they ordered paint i have so many inspectors coming and each one

i connect them and he says i can't use them.

we have a contacted the company has a detailed estimate two pages wrong. i also trust the representative he will address it to you. the detail of the estimate one by one a few pages it's not to save $65 per hour. they say it's too expensive. >> i understood from the appellant that the company was one that was essential to you is that not the case? that you it was acceptable but we contacted other company - >> i just wanted clarity. >> did you change our mind?

we contacted some other company and >> i want to get to, you know, it seems like your neighbor is in the process of getting an estimate who are experts on led paint radiation so if that is already in process then they will get an estimate it make sense to wait until they come out and give you details will have you already changed our mind? >> so one month now. they disobeyed our orders. i cannot trust i don't want to get into details $65 per hour. we know they're not going to

give me anything. i contacted other companies and they give us a detail already. i don't want to play games and it is 10 months now - and but the suggestion about patrick did it not could you be to you? >> they said why didn't you use us and she saw i'm not going to give you you any more detail. with that i thought you come back and give us the details to do the work - >> i'm sorry what kind of details do you want is it the

wall? their experts in led mediation it will take $65 an hour that is reasonable could so what are you looking for it's actually your neighbor that's hiring them. so it should be for your neighbor that is actually doing the hiring >> well - commissioner you know that last time he say all those things he asked us to do the paint. we can prolong another - he said he would do the - now i don't know what he contact the i contacted them too okay. i want to have a detail ready to

do the work - i it's no way they know they have no details >> so if they give you a tallied scope of work and can provide it to you and give us a timeline will be acceptable to you? >> i want the timeframe and i wanted to see the contract before i allowed them because - >> so on the record if they provided to you a detailed scope of work and the timeline you will allow access to the property. >> but those details have to be approved by the me first. this has gone on promise after

promise you don't think they disobey your order >> just to be clear you're saying detail scope of work when you say detail. >> how many types of material i don't know the names of plastics and it's wrong to say 1 or 2 days they say 6 or 7 days that's easy they have to seal the

>> can you hear with you said before? it seems that we should be able to solve the problem of who's going to do the work.

the other thing is the qualifications of the company or person that is going to do the work and one of the big issues previously that was raised was whether or not states certification of the company doing the work is required. we believe it's a state law that requires it so if we had licensed, experienced people submitting a detailed scope of work there would be no reason that the property owner who wouldn't want that work to be done as quickly as possible. thank you very much >> thank you. >> just waiting for the clock.

i'm ray. i've known the lady for a number of years and i think you know this is a contentious issue you have a notice of the violation and this has gone on and a lot of the allegations and charges. i was a left hand insurance broker in the state of hawaii and i taught the insurance. and basically, we're looking at an issue of liability. she has been told a lot of things and at this point, i

think she is trying to get the people to be certified and they do the work in accordance with state certification. and there's a fence on her property which is adjacent to the building which my understanding has to be moved. so there some question about it they move the fence will they put it back in the same condition. what we have here is she's got to the point she's uncertain as to whether or not the person who is going to do work with her and make sure the contractor is properly insured for workers' compensation and any accident insurance and willing to state

that any damage done to her property in the completion of work will be paid. this looks like a kind of case that will end up in court. now we've got a problem with the fence. and an issue with the paint on her property is a red herring. if you have a complaint you file it with the building inspection and they took itor but she is doing what any conscious person would do she wants to make sure their properly left hand and i will - she will be left whole at

the end of the work >> any other public comment? seeing none none. commissioner >> this is sounding complicated but it's really the notation o notice of the violation. i would suggest the thing we can do is actually vote on this and take a position. i will do that here in making a motion that we uphold the abatement and hold it for thirty days with the legal permitting. >> i second that. >> a motion and a second to hold the abatement and hold it for thirty days. >> thirty days enough time for the next meeting?

we can say thirty days or the day of the next meeting which is june 19th. >> it's taking a position we've upholdi upholding this. >> and we're allowing them to complete the work and only the fees would apply. >> i was saying there might not be enough time? >> 60 days i all the time my motion. >> this body does not have the power to order my client to do something that's impossible to go on the neighbors property under the threat of trespass to perform any work.

so where we were last time we were going to dismiss the notice of violation. if we couldn't - >> the violation exists. >> just so the body knows i want to make it clear if there's that's where we're going with this thing my client strongly opposes it as being illegal. and the city can't require my client to go on the neighbors property to mitigate a violation especially, when the whole reason we're here as you've heard testimony is that the place where the violation exists is on a neighboring property and that's where the violation

shlde directed. this has been going on for 15 years. this body does not have the power to require my client that's both legally and file number - physically impossible >> i do believe we have the authority to uphold the violation and i suggest 60 days rather than thirty and i suggest we vote. >> there a role call vote on the motion?

(calling names) the motion carries 5 to 2. thank you. >> next item on the agenda. >> next item is item d continue to have the abatement order of record appellant and action requested that the order be reversed. >> as our staff report indicated this is a four unit building and the question of the violation was issued back in 2004 deals with the stairs at the rear of the structure.

so here's an area of the photograph of the property in question. looking at the northerly direction. i'm going to show you the side profile of that. we're talking about this area right here. i have in your staff report colored photographs taken of the area in question. the stairs look the same way there was a recent inspections and in attendance was the housing inspector annie cars and chief - excuse me. building

inspector patrick was there and you see from your staff report this permit was filed in 2005. it expired it was obviously more than 50 percent here we have dry rot and we have a situation where it's unsafe and so then we have a notice of violation this is an occupied property and we have to take out the appropriate permits and do the