the assessment codes have been set aside. in regards to this unit it commitments the other violations. it has the reporter of windows which he has pulled a window this is a combination of hot water heaters he has permits for that. there are other violations that require correction the solar the heating issues have been taken care of and those other violations like rod dents. >> so the case that has the

order of abatement does this include the violations related to the fourth unit on the - >> it does not. >> totally separate? >> yes there are other issues like windows falling out. >> so if there's no order of & basement i can't are we talking about it today? >> my misunderstanding it's a request for jurisdiction to wave so you would decide to wave the jurisdiction. >> i thought you said abatement? >> the appellant listed several

numbers each particular open case has assessment of costs but he, he included in his appeal the other open cases. he's appealing the assessment of costs on both open properties. that's why i'm saying this discussion is misleading you want all the costs waved and that's not appropriate. we have waved the assessment of costs open the permit associated with the illegal unit. >> can we think separate it if he's appealing everything together can we say we're not dealing with the case that doesn't have an and i basement

order? it so you would the department is already >> about two years ago the building code was changed so the statement of costs is no longer link to this order. the assessment of costs is for violation occurred and we don't have compliance. that's why there's awesome gut it's not a situation where he's appealing the ownerships of order in 15 days. so keep in mind he also has two more in houses hearing with us

and if we loin the property for the statement of costs we has a hearing before the board of supervisors. so that's part of the loin process >> just define a doraborters permit. >> he takes it from station-to-station he started the process and doesn't appear at the next station. >> the permit in question was mr. thomas came down to the department and went to the

intact to get a number and that's where you start the process and your given a number and your permits are looked to see if their factual and the address then your directed to go across the haul to the other side of the building to get the plan checked according to the records below thomas never made it to the other side of the hallway he took the permit and walked out. it's done in various reasons i don't know why. so it's a file status >> a followup question here. >> so did i want to add inform

that? >> the permit that the property owners filed - let's put it up here. >> this is what was filed by his agent. it was filed july 30th and then thank you it got to this point he then aborted the process didn't follow through with it so far as getting through the ultimate viewing by the other stations in the process. that's what he has to do >> so this is a hearing requesting us to take jurisdiction back on a process

filed too late for our most of hearing - or a hearing on an order of abatement so as described by your attorney there has to be some criteria for that and i believe the one case of the illegal unit is up to the owner what we - we shouldn't have jurisdiction on that. and the other one is pretty cut-and-dried there's notice of violations that weren't cured and the violations were never cured so it went through with an order of abatement and there's

no legal reason for us to pull jurisdiction on that. that's really the issue i think >> commissioner ma category. >> the filing of the lawsuit kind of and the last one no one had a chance to look at the lawsuit. obviously it does reflect the lawsuit and that concerns me. would it behove us to continue this so we could feel more confident about direction. i'm concurring with a lot of the issues i think it would be a

mistake to try to separate it in this forum and later on we might regret our decisions. we need to think about our positions maybe another hearing. we're not even clear on the dollar amount and the negotiation. i'm a little bit up in the air about what direction to take here so my position is not to take a possession and revisit this when i get more educated if that's okay with the department >> i think part of the confusion is - it's clearly you any file an appeal in 15 days. if you wish to come to the aa b to contest the imposition of the

assessment of costs which one is linked to another it got tweaked by the previous director one getting got tweaked and one doesn't so the director was under the understanding it would go to the board of supervisors but there's language that leads us to believe that he, come to you. i would be more than happy to structure a table on the basis of the questions today might be more helpful to deter this >> yes and at least we'd have a structure to this.

and also, we would have this up front. i mean, i can only talk about myself but i know in my heart we can make a better decision >> it's hard to understand the appeal an appellant needs to make it more clear. as you read those documents it goes on and on and it's hard to d disdiversify. to what help us to respond >> so i'm confused and i'd appreciate some time putting myself in the owners shoes that

- i would be not moving because of fears of hiding something but today when a property goes on the market they require the report but the agent checks the assessors officer but it totally reasonable that that's the way it's done today. you know, i don't know. i have a lot of questions in putting i move in his shoes as to, you know, following this course of action. i would really appreciate some clarification about our action the lawsuit and the you know what we need to >> we'd be happy to prepare the

historical report and it does clearly show 3 units for commercial. we'll provide that for you. >> and it's more of a clarification issue. if it comes back to us then will there be public comment or just the appellant? you're required to give the public the opportunity to commit. i apologize there were a lot of things filed after 5 o'clock but for 677 - okay one of them had an order of abatement. and the time mooinz has expired so are you saying that then

you're wanting to continue the other maturate but uphold this matter because you see them as linked >> basically i can't separate it so we want to go back and take a look at it and staff put together their estimation of what the costs would be to the person then we can make a more educated decision. as the commissioner said i'm afraid to make a decision on this item >> i wanted to make sure i understood. >> deputy director. >> if i can make a request for the property owner to provide a

water plan. i want an accurate record to review to see if the water hook up will tell you how many units and how many toilets and water closets. it's fairly accurate. >> i just want to say the appellant still has time for rebuttal if they can come up and talk and address and before i've got a question. looking at the lawsuit filed may fourteen. has there been any response to this from city attorneys and us? i don't know this came in contact my office and 530 last

night and just the brief >> the brief to us. the brief to us. then my question is i'm misunderstanding this is related to the illegal unit >> both. >> this is related - this is related to the illegal unit and the illegal unit has to do with 6774. 6772 has the abatement notifications on it. the other is in discussions we're trying to figure out if it's legal or not illegal. in my mind i can separate them i'm looking at 6772 as one maturate and 6774 as another

matter. i see them as being able to be separated >> i'd rather see them separate come back individually with - so more information. that will be my whole goal for continuance. however, if the votes are not here i'm fine with that, too >> this is a brief it this hearing this is not a lawsuit. i ago with you those are two separate issues. one is a code enforcement issue abatement order issued on violations not cured that's 772.

and i would support not taking jurisdiction on that there's no reason to and 6774 is still active in our department. anything other than a violation that it's an illegal unit that hadn't been cured in our department we shouldn't take jurisdiction on either unit. and let them go through getting it legal listed. i don't know why we need important time on this >> can we hear from the appellant? >> thank you. i have to apologize because some point in time i lost the gentleman right

before the time this was going to go before the board of supervisors he started backing off this recommendation of me after i paid him $15,000. particularly after he said he had a deal with rose mary and basically we're going to put this on one permit and i gave them a blank check and we did that because every time i tried to get and building permit i was refused and i've tried more than ten times. because they look at the screen and they'd say well, it says here you've got an illegal unresolved situation and we

can't give you any building permits that's why it's been detailed. now i wanted to protest because i paid $3,000 to basically get a permit to do a small act i paid $3,000 that i could have gotten for two because the 2 thousand 3 hundred and 19 there's has been penltd. maybe you didn't put those aluminum windows in they said to me. but on the last day before going to the board of supervisors i paid a ton of money basically to

keep those things alive and my opportunity to come before the board and i understand you're the board it can do this. did i check all the right boxes when i applied but unfortunately, if i checked all the boxes and i didn't have the right reference numbers it wasn't because i didn't have a good heart. i tried to do this on my own. and so here it is today, i was hoping the gentleman would show up but it was never my intent to abort anything the building department revoked manage that

was building a set of stairs to get above this area. this just happened about a month ago the reason they revoked it because they said mr. thomas you've only got a 3 unit building here this permit says 4 units. oh, my god i thought it was resolved. this is going to a legal unit and maybe somebody didn't get the memo. so any way i you can help me i appreciate it >> can i just clarify one thing

i released that the lawsuit the code enforcement in my office was taking care of that. >> i think we have a comment from the deputy. >> there is a standard for - the appellant could go to the fourth floor and do a 3 hour report and he could a appeal the 3 unit and heel meet with a member of staff that will be on the 3rd floor. that member of staff will make the determination of how many units and if we agree with him there's evidence of the fourth unit i'll go to planning and

that's how the process works. and he'll get a clear process of how many units there are >> that's what the appellant did do. >> so obviously - i would like to make a motion to continue this for one month and just vote on that. if we have to vote let's vote and i second that motion >> on the question what is to

happen in this one month? >> if i could add a friendly amendment to that motion apparently what i'm concerned about is it out standing mo vs so in the units that are not related that are questionable the illegal unit and also the units that are occupied. i'd like to see in those thirty days at least the permits are pulled especially for those life-threatening violations the window permit. the water heater if that's another one and again, the inspection staff would know better that list. and i believe that at least can be done. because good faith goods a long

way. so if those things can be addressed we we can come back with more clarification i'd feel more comfortable with that. >> so the motion on the floor is to postpone this so we can see in a month - >> how about this. i can answer the question how about if we ask staff to actually delineate between the two tell us what's been appealed on one case as opposed to the other and explain it >> if you look in our staff report the appeal application is

so convoluted it's hard to get this we need clarification. perhaps his attorney can assist him further it was defendant's guilt difficult to look at the information and determine what we're looking at. >> as counsel for the appellant we'll certainty cooperate with the department for all the issues raised. >> can i add if it's a request for jurisdiction that the appellant be directed to establish - to make a showing where why there was a delay for the appealing.

i'm just saying if you do that's the issue before you with respect to the matter where there's an order of abatement and the order has expired that some how the city there was a delay in filing >> - sir, sorry about that

sir. >> i live in an apartment 2.

>> speak to the microphone. >> i'm a little guy. i've been living in this apartment since 2009 and i have misery over windows with led paint. i'm handicapped and bed rest and the whole building is hiv victim and another person who's sick n in this building. this guy hadn't followed up the plans of repairing the window. i have a woman crying on my shoulder it's horrible help you need help he's not responding. he's blowing a bunch of smoke