there. with regards to your specific question what is my position, it is not rocket science when we have holes in the wall. where we have clipping led based paint that is not rocket science and there is not much discretion on that stuff. and when we come to what my lease does allow that he is trying to maneuver, the notice of violation to skirt his obligation and the contractual rights under my lease, and where i am asking that there are, where i have discretionary control, when items are replaced, i am not going to allow him to ignore those contractual obligation and rights that i have.

these other items cleaning the stupid flus why hasn't that been done? >> i don't know. there is a bunch of this stuff that has just gone on. now he is in a world of financial hurt and i think that i demonstrated that in the package that i gave to you and i think that he just does not have the capacity to make these repairs and he is trying to buy as much time as he can. you know, the building had a notice of foreclosure and there are tax liens and etc., my family and i want to live in a good, clean, safe, environment where the building complies with the code, and with the building laws. >> could i answer your question? >> not quite. and so you, i am trying to figure out whether or not you are willing to let him and his workers in to do the repairs that they have pulled permits for. or is your position that unless

you see a scope of work that you agree with, that you will then let him in. >> excuse me, yes, i want to see a scope of work. among other things, we are a family that has our normal routine and it is a fairly small apartment and when you start removing this, the only toilet and you start having major sheetrock work and repair, that makes the unit uninhabit able especially in the middle of the school years, we have had summer and he has not been doing this and here we have the school year starting up again. and there is certainly remedies that he has and rights that he has to find us, replacement housing, and i have offered him solutions, and some alternatives, and this has not come together. and so, i want to get the work

done. believe me my wife wants the work to be done and my daughter wants the work to get down and it has been going on for years and years and we are tired of it. >> commissioner walker. >> it is some what of a cunundrum the permit haves been applied for and received and he is ready to do the work and he has stated here that he is will be to relocate you to do it. and i feel like until such time as our staff is able to go in and address some of the concerns that you have, that would necessarily need to expand the scope of the permit, we are in between a rock and a hard place. it is from what we have been given, it is clear that the work needs to be done. and it seems like your routine has been disrupted already with the holes in your shower, you know, and those are the things that we need to address as a department, and that we want to make sure that people live in

safe and habitable places and so, i feel like at this point, we have before us, someone who has stated that he is willing to do the work and taken out permits and i get that there is some disagreement about what color and the scope of it, but i feel like we can't know those details until such time as the work starts. so, i mean, that i... we can't, we can't make a decision on information that we don't have and is not before us, including other issues that might exist in the building. and i hear that those are concerns. hopefully, our staff can make note of those type of things as they go out and look. and as they are inspecting this job if it will be allowed to move forward. and so, normally, in these kinds of situations this commission is limited as to

what we can do, and we can deny the appeal, and we can you know, hope to resolve the things in a way that gets the work done. and maybe, you know, loosen the knot and provide the resolution and i would like to see some immediate intervention as it were with the code enforcement out reach program which includes both the tenant and the landlord representative to try to help resolve this quickly. and that is what these organizations do is try to help get resolution in these kinds of situations. so, you know, i feel, i feel for you, and i hear what you are saying. and i also feel for the building owner who has his idea about how he wants to resolve the situation and feels, some what stimeding that. and so i feel like we need to provide some intervention, here.

if allowed. >> the commissioners... >> well the property manager and i, we are seeing eye to eye and we had discussions and we talked about how to resolve the items. i have no problem with paying part of the construction costs. there was one of his prior attorneys said how about this and this? and he and i agreed. and it never got done. and we have had the prior contractors that said, here is the scope of what has to be done and i said, i agree. and so we have had plenty of other of his agents, who have tried to intervene in a positive way to get the work done, and generally speaking, i have agreed with him. >> and yet we are here. >> and yet we are here. >> is there any more public comment? >> no because we need to move on. >> no more questions.

i am fine, my fine is just general. as a commission... >> okay. >> you can have a seat. >> thank you. >> as a commission, we have fight hard to get the land lords to do anything in the cases and so we have a testimony where he is willing to do anything and it is a delicate situation between the tenant and the owner but as commissioner walker pointed out, we have certain permiters that we have to work in and i think that we need to up hold this appeal,; is that correct?? >> is that the most. >> the abatement. >> that is what i said. and so i would like to make a motion to do that. >> is there any more public comment? >> okay. >> sorry, you can't, you have had yours. >> i am sorry i afraid not. >> there is a commissioner mccarthy has made a motion to up hold the order of abatement? >> and might i amend slightly to give some time? >> yes.

>> and also, ask that our department bring in our code enforcement out reach representatives from the landlord and tenant organizations and bring in the tenant and landlord and try and move forward smoothly? i mean, that i think that we have these organizations for a reason, so, i would ask for an extension, you said 30 days to do the work, maybe 60 days. so, it gives, a month to try and resolve it? in a month to do it. >> yeah. >> yeah. i agree. >> yeah. >> is that... >> so 60 days? >> 60 days. >> did you second that motion? >> yeah. >> okay. >> with an amendment. >> i just need you to clarify that the motion is to up hold the order of abatement. based on your finding that the conditions are as stated in the nov. >> yes.

>> okay. >> and just so that we are clear that it is based on what it is based on. >> yes. >> so did i correctly state what... and that you would like to move to up hold the order of abatement based on your findings that the conditions are as stated in the nov? >> that the work needs to be done? >> i like to see some assurance that the tenant will be allowing the property owner into the space to do the work, too. >> could i ask a question? >> is there a... is there a... if we up hold this, and then the work is required, and then we give it 60 days, is there a means by which the work can be forced? >> can we get, can we or can he be allowed to do the work? that we permitted? >> if the tenant does not let him in?

>> i mean... >> good question. >> in order for the landlord to get access to the unit, without the tenant's permission, i believe that he would have to go to court and get an order permitting that. there is no way that he can, i mean, my understanding and i am not a landlord, tenant lawyer, is that he would need to go and get a court order that he can't force his way into the building. >> i mean, if there are provisions? the code for the department to get emergency powers to go in and correct life safety hazards, perhaps, the substitute for the director or the secretary needs to address that but the landlord on his own could not... my understanding is that he could not do that. commissioner mar? >> so. i think, i believe, that the intent of the extension to 60 days is to hopefully have, the

landlord and the tenant and with the department's assistance and some community groups, sit down so that they can mediate the access question, so that all of the work, based on the permits pulled can be carried out, and concluded. now if that is not possible, then i think that we will after the 60 days, then we will have to rehear it. it is going to come back. >> no. if we vote to up hold, it is upheld. >> okay. >> and we are just giving them 60 days to do it. which is right. because the work needs to be done. the question is, if they are not allowed access, >> right. >> that it creates a weird situation. >> right. >> and so let me clarify and i think that i understand your question better. >> the landlord can't force their way in but if you up hold the order of abatement and give them 60 days and, that expires and the work is not done. >> right. >> and there is permits and the

landlord appears to have done what he could do and then it would then at that point, be referred, probably to the litigation committee of the department and then the city attorney would have to step in. >> right. >> okay. >> does that answer, i think that... i think that is how, and i mean, that is how the inspector and i keep forgetting your title. chief building inspector could talk about it more, in terms of the city acting, or moving to enforce it, it would be the city attorney's office at that point that would step in. >> okay. >> and i think, even though it may not come back to us, i think that what we will have is more information from our department, and the community groups in terms of their opinion about trying to bring the two sides together. and i think that would go a long way in reporting to the litigation committee or to the next body because then they

would say that we tried, and you know, this is what the owner tried to do and yet, and this is what the tenant tried to do. and if it is not resolved, then at least, the city will have an opinion, through our department about which site was... >> but, how both sides were playing it out. >> yes, let me ask this, right now. since the tenant is here. mr. paxton will you let the property owner in to do the work? >> >> i will let the property owner in to do the work. we have our 7 fairly minor items that don't have too much discretion, we have the one major item being the shower repair and i certainly am not going to just wave my right for contract over quality of items that are used to replace.

>> and i am going to be quite concerned about how, if we have place to live, if we don't have a toilet and we have sheetrock dust all over the place in the middle of the school year, especially senior year i am going to be quite concerned about that. >> well, we hear from the property owner that he is will be to relocate your family to another facility during the work, would you be willing to do that? that is all that i am asking. >> with regards to that, yes, and i also want to have a scope of material and i have given him a list of materials, that are acceptable. i have already provided that. >> i just wanted a yes. >> yes. >> for the department. >> right. this is... i am not an attorney. i have done, you know, work with tenants for many years and i believe that the landlord

actually has quite a bit of rights under california law and in fact, i think that it is skewed that way. but he has legal representation and so it is his responsibility to figure out what he can and cannot do, and i believe that he has the right to go in there. and i think that is in fact why mr. paxton negotiated this in the lease, i think that he is saavy that way, i think that as a department, we don't have the responsibility to enforce his lease, on his behalf. we only have the responsibility to the code. and in our process. and so, i think that i would, cautious us not to over step and you know, our authority, in this regard, i do think that we are responsible for the violations as found by our staff. and because that is who is working on our behalf on the

ground. and so, i would second you know, commissioner walker's comments to up hold the order. and give them a little time. and also, to encourage folks to avail themselves of our relationships with the non-profit to do this kind of medation work because there is some negotiation that needs to take place and i would hope that we don't see this 60 days from now. but, you know, it is a difficult situation. >> could we hear from the department? >> just to answer your question about the access. with the valid permit issued is that not relevant, and maybe the city attorney might comment and the inspector can do the work if they don't get access on the initial permit and i wonder should any lie on the issue here effect the permit

issued? >> as i said before, there are provisions in the code for emergency orders to be issued and for the department under those orders to get access. and i don't, i am not hearing that that is what is going on here. and that in order to with the exception of those, the emergency orders, like for example, if during the earthquake, when the buildings were falling down and the department, they got an emergency order to go in right at that moment because there is serious and eminent danger to the public, or to the tenants. there is that situation. i am not hearing that here. and in the absence of that, then, i think that the landlord can go to superior court and get an order to enter to conduct the repairs if a court finds that there are necessary, and that those rights exist under whatever contract that the tenant has of the landlord, but, absent the emergency order

situation when i described, no one can force their way into the property. does that answer the question? and then,... >> the chief building inspector. two items, one is that the department certainly will have to facilitate any kind of out reach meeting to resolve this issue. with respect to our department's actions if we had an emergency exiting situation or life safety hazard then we will take the appropriate orders and we will get access to prevent the issue and even under the permit inspection, if a owner of a property, during the course of an inspection refuses entry and asks us to leave, we will leave, under the permit, we have authorization to inspect the work but we would not inspect the rest of the premises and so there is a limited scope of the permit. and if they ask us to leave, we will leave and we will seek an inspection which is the due

process. >> and thank you for that. and also, isn't it the case as you are inspecting the work which is permitted, if there are connected circumstances rotting wood, beyond what was anticipated in the initial permit, you would at that point, note that. i mean, we see that all of the time. >> that is correct. >> the permit will have a defined scope of work and it needs to be performed to the code fit did not meet the code, or any other provision to the code we will write additional corrections and require a revised plans to make sure that the full compliance was achieved. >> thank you. >> so we have a motion. >> we have a motion and i also would like to say that it might behoof us to hear this even though we have given 60 days, to have some sort of a report back, at our next appeal abatement appeals meeting next month.

>> sounds good. >> 60 days. >> with the 30 day, check in. >> yeah. >> so, it is the motion is to up hold the order of abatement not to continue the matter. >> yes. >> great. >> thank you. >> just chair on the second matter, are we going to impose the cost? and to whom? and from what point to what point? what are the costs to date on this? could anyone tell me? of our department? >> because that may be... >> since the order has been appealed, we hold back on the assessment of costs so we don't have an assessment of cost at

this point in time that would be determined upon the issuance of the order of abatement. it is my understanding that the cost will be applied to the property owner. >> yes. >> yeah. >> that is... >> and those costs are continuing to roll, at that point do they need in the 60 days that is a good question, do the costs continue to accrue during the 60 days? >> yes, upon the abasement yes, they are liable. >> okay. >> maybe... >> just at the point of order, does the appellant then have the right to come back and ask us to appeal that cost? >> no. >> no. >> right now. >> no. >> right now is when we have the opportunity. >> yeah, i mean it is... if he is trying to the

inspector through the complain of command to the chief in regards to the circumstances for modifying some of those costs. can we do that, if we take and we up hold the appeal, and this appeal before us, can he then and can we then deal with the costs on a separate case. >> i am not sure. >> i am sorry. >> okay.

>> but i do think that you have the power to wave the cost. if that is sort of with hearing that is where you were going. >> yes. >> yeah. >> so, i think that you do, and i mean, that you are fairly certain that you have the power to do that. >> can we wave. >> yeah. >> if it is done in 60 days. >> yeah. >> the forward costs. >> right, the back costs. if there is any back costs that are. >> agreed. >> agreed. >> yeah. >> i think... >> so we need to take that into the motion. >> yeah. >> so, maybe if you good to read back the motion because we are all on the same page here. >> good luck. >> and madam, secretary, may i suggest that we do this motion and then come back to the other motion of proposing the assessments. >> it is all in one. >> will it all be one? >> it is all one motion. >> so the motion is, i believe that the motion is to approve and up hold the order of

abatement and allow the 60 days to get the work done. >> and during the 60 days that there be some advisement with our code enforcement out reach program representatives? >> we can do that, but i don't think that is part of the motion. >> okay. >> and just to clarify, and that motion is based on your finding that the conditions are as stated in the nov. >> yes. >> and based on the testimony that you have heard today. >> correct. >> thank you. >> thank you. >> let's call the roll call vote on this motion. >> president clinch? >> yes. >> vice president melgar. >> yes. >> commissioner mar? >> yes. >> commissioner mccray? >> yes. >> mccarthy? >> yes. >> commissioner lee? >> you know, i think that is what we are doing is a fair thing because if the work does

not get done, it effects the tenant, i mean the tenant really should allow access, and if he does not allow the access he is actually hurting himself. and if the property owner can't do it, then, yes, you are right. the order of abatement should stand, so i vote yes. >> okay. and commissioner walker? >> yes. >> the motion carries, unanimously. >> and on to item s, general public comment, is there any general public comment for items that are not on the abatement appeals board agenda? >> seeing none, item g, adjournment. is there a motion to adjourn? >> motion to adjourn. >> second. >> second. >> okay. all in favor? >> aye. >> aye. >> any opposed? >> public comment? >> and we are the motion carry and we are adjourned it is

10:03 a.m. and we will take a five to ten minute recess and reconvene as the building inspection commission. >> yes. >> today is august, the 21st, 2013, this is the regular meeting of the inspection commission, the first item on the agenda is roll call.

president mccarthy? >> here. >> vice president, mar? >> here. >> and commissioner clint? >> here. >> commissioner lee? >> here. >> commissioner mccray? >> present. >> commissioner melgar in >> here. >> and commissioner walk sner >> here >> we have a quorum and the next item is item 2, president's announcements. good moefrng and i hope that everybody had a good break, we took last month off and so it has been two months and so i have a lot of things to read into the president's announcements and so bear with me and i apologize for mispronouncing half of these names and forgive me. keep an eye as i go through them. >> edswe. eeny, and pamela leven received letters individual dbi staff for outstanding customer service. and cora ella who works with the technical staff and (inaudible) who work in

accounting administrative services. thank you, cora and kristine for do everything possible to assess dbi customer and a big thank you to the records management division and who received the thank you letter from mrs. jennifer (inaudible) thank you all for your excellent customer service. >> thank you to the dbi staffers, whose staffed dbi booths at the annual china town festival held on the 18th. there was an excellent community out reach to inform and it was an klent community out reach and gave us the opportunity to inform the public about the dbi., services, the special thanks to the acting director, tom hewe y who not only attended the festival but also played a match against mayor ed lee, who he let win who was very sharp with his padal. and congratulations to the ping-pong team led by the team

captain (inaudible) and it is an excellent showing against the top talent of the multiple departments that he have. >> acting director, also joined supervisor david chiu and the mayor's office, in a term of the discussion on july 31st, for the asian american contractor association and provided the important tips on the new, mandatory seismic law for the soeft story buildings and the audience of more than 100 contractors working this information from the city, and on july, they approved a total of 150 properties on 2000 delinquent properties. the properties are lien properly listed and they were submitted to the board in june at 242 properties meaning that 84 property owners active and took, the required step required to the board's final

vote to pay an overdue cost of assessment and code violations on those and code violations and thus, avoiders having their property encumbered even so *, 150 properties on the list is more than 40 percent higher than last year's final total. so we have a lot of work to do there. thanks to the effort of the acting director, and cooperation by david (inaudible) and sfusfd facilities director beginning on september third, and dbi will collect ssu, sd, school impact fees here at 1600 mission street and this will save the customers a trip to the school office. and take the important step closer to providing the one stop service that the mayor wants to see available at our permit center and that is a welcoming news there. and i warm welcome to the senior environment and the inspector who is available at station 20