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. >> the most ribbon cutting and most ribbon cuttings, we keep everybody off limits and then we cut the ribbon and then stuff happens. you can't stop them. you can only hope to contain them in there so we're going to let everybody continue to play. so, it's been said that, that success has many, many, many parents and there are many parents, many people who have contributed to this outstanding, outstanding effort. we are so, so proud of this

project and so thrilled to be able to give a new face to lafayette park. this park has tremendous history, from a city attorney who claimed ownership of 12 acres in the 1860s, holiday hill, how many know about holiday hill? right? where the city attorney actually thought he owned a piece of this. to a professor who set up the first astronomical observatory on the west coast here in 1879. to the hundreds of people who call this park home after the 1906 earthquake, to controversial mind troops. to controversial park renovations. lafayette park has many stories to tell. but its views, locations and one of the city's most desirable neighborhoods in the city, it has -- this park has a way of igniting people's passions about green space. and we've got the permit appeals to prove it.

yea! >> it is this passion that made la fay it park what it is today. and i want to talk about the community and partnership involved. so, in 2008 san francisco voter displayed their passion for this park by approving an $185 million bond to improve parks, rec centers and play grounds like this one all across the city. more than $10 million of that bond were invested here in lafayette park and you're going to see even more improvements around the city as we start implementing the 2012 parks bond. yeah. (applause) >> by the way, if you're wearing a rec and park sticker today, raise your hand. yeah, woo, look at that. but government can't do it alone, we know that, right? and it's the passion of groups like the friends of lafayette park and the friends of lafayette park playground (applause) >> which has been with us every step of the way offering leadership, guidance, and support throughout the process.

the friends group stepped up to help us make this beautiful, beautiful playground a reality and other you're going to be hearing more about that in a little bit. but it's also people like jeff miller who contributed all of the architectural services for this gem pro bono. [cheering and applauding] >> but it's also the passion of our elected officials on the state and local level who you're going to hear from in a little bit including senator leno, assemblyman phil king, our mayor. (applause) >> our recreation and park commissioners megan levitt son is here. our district 2 supervisor mark farrell. [cheering and applauding] >> our district 8 supervisor and park champion, tallest park champion in the city, scott wiener. (applause) >> our district 11 supervisor and another park champion extraordinary narc, john

avalos. (applause) >> our city treasurer who does his work to make sure we've actually got the funds to pull this off, jose cisneros. (applause) ~ >> but it's the passion of all of us. and i also want to give a big shout out to the entire city family for their role, mohammed nuru and folks at department of public works had a role, lindsay hirsch. (applause) >> with all due respect to dpw and everybody else who is here, the hardest working staff in government is rec and park. gk, construction manager, mary hobson, project manager. [cheering and applauding] >> director of capital planning, don. our great operations staff, zach taylor, judy auberry who is here, and everyone else who has contributed to this incredible project. so, at rec and park, we're

encoloneling people to get out and play. that's our tag line, get ready, 1, 2, 3. >> get out and play. >> we say that because of the importance of keeping our families active and healthy. this is a real serious issue. according to the center for disease control, childhood obesity has more than doubled in our children and tripled in adolescents in the past 30 years. in 2010 more than one-third of our children were overweight or obese. it is important that we get our kids outside. our children today average over 7-1/2 hours behind a screen. listen to that. 7-1/2 hours behind a screen, less than 30 minutes a day outside. that has to change. and this playground helps get it done. and i wanted to just offer a quick quote from richard lu who is the author of a book called the nature principle which encourage uz us to reconnect with nature and create a balance between nature and the

ever evolving world of technology. ~ he says imagine a world in which all children grow up with a deep understanding of the life around them, where obesity is reduced through nature play, where children experience the joy of being in nature before they learn of its loss. where they can lie on the grass on a hillside for hours, and watch clouds become the faces of the future. where every child and every adult has a human right to a connection to the natural world and shares the responsibility for caring for it. that's the community, that's the world, that's the park that all of you have created today. and i want to say that while we're here looking at this amazing playground which, by the way, has the world's -- i'm not kidding -- the world's longest monkey bars. >> woo-hoo! >> and as the father of a daughter who has broken not one, but two arms on monkey bars, i'm extremely fired up about that.

(applause) >> but this park is more than just the playground. for those of you who are here with your kids and you're here for the playground opening, make sure you take a stroll up the hill. the view corridor that has been created as a result of this incredible park design, lindsay, and this incredible work, mary, it's stunning. you can see all the way -- today you can see all the way into marin. you can see the entire bay. the tennis courts, the area, the amphitheater where the mime troop historically performed, the off-leash dog area, the benches on our hillside. we have created together a park that is truly extraordinary. it is a piece of art. and we are just also proud that we've been able to do this together. so, give yourselves a big, big round of applause. (applause) >> so, i'd like -- i'm going to get back up and introduce some other speakers and we have some

gifts we're going to present in a little bit. but i'm going to start -- i'm going to kick the program off by bringing up our state senator. everybody here knows mark leno. but what you may not know is how committed and how tireless mark is to fighting for kids and families and parks and open spaces. it's not always on the front page of the paper. he's often doing it behind the scenes in ways that not everybody knows. mark is a true advocate for families. he is a true advocate for parks. a true advocate for green space. and it is my great pleasure to bring him up now. (applause) >> thank you, phil. let's hear it for parks cheer leader and chief phil ginsberg. (applause) >> it is a real pleasure to be with everyone here today. it takes a village and the village is out. it's not often we get to say the words "our tax dollars at work" with a smile on our face. but we're doing it today. because voters really knew what they were doing a few years back when we passed that $185

million parks bond, neighborhood parks bond and the $10 million invested into lafayette park. i used to live at hyde and geary my first four years when i moved to san francisco, now 36 years ago, and this was my neighborhood park. and i've loved it ever since. the combination of the palms and the pines and everything in between, this is a jewel of a park. and when i saw the fences go up i got a little nervous because, well, it was going to be closed for a while. and i saw on some of the signs that some trees were going to come down which always makes me a little uncomfortable. but now seeing the result, it is magnificent. and, so, i want to thank all the folks who have invested their time and their efforts to make sure that the tennis courts got their renovation and the pathways were upgraded, the a-d-a improvements, of course, this extraordinary playground for our kids, the improved lighting which will make it all safer. and i'm glad, phil, that you mentioned the fact of this

epidemic of childhood obesity and type 2 diabetes. you know, one in eight of us today will experience type 2 diabetes, but a generation from now that means kids here today, if we don't change course, 1 in 3, there are predictions in every californian will have diabetes by 20 50 which will completely overwhelm our already taxed health care system. so, get out and play is more than just some words. it's something we must do. it's for us to make sure that our little ones have the benefit of parks like these all over the city. so, to carina jones who led the fund-raising for the playground and lynn new house seigel who led the fund-raising for the friends of the park, and folks at dpw mohammed nuru, phil, your team. it's a thrill to be with my colleagues on the board of supervisors who lead the charge

every day to make san francisco a better place. i've got proclamations for all the folks i just mentioned. thanks again for being here and celebrate this beautiful day here at lafayette park. (applause) >> so, mark, we have a little parting gift for you to commemorate this great day. and to encourage you to get out here and take this and play with us. we have a lafayette playground sign and a rec and park picnic blanket for you to enjoy. congratulations. (applause) >> thank you. next time we need a park bond. while you go to the voters, i'm going to call sean parker. [laughter] >> thank you, mark. all right. i mentioned there are a variety of city departments here. i want to give a shout ought to battalion chief williams from station 38. where are you, chief? there she is. (applause) >> and i think we have some activities going on over there. i also want to give a big thank you to fire commissioner and lafayette park champion don. where is don? (applause)

>> he's actually playing on the swings. [laughter] >> all right. next up, it does take great leadership from our elected leaders and another true example at the state level for us has been phil king. also he's on the state assembly. he's that young dad with two kids and uses our parks and play grounds all the time. he couldn't be here, but i have [speaker not understood] to say a very brief word to present a proclamation. thank you. >> thank you so much, phil. i'm here on behalf of assembly member tang as phil mentioned. this is a wonderful park truly an effort on behalf of the community. we're here on behalf of the state assembly to present proclamations to the friends of lafayette park, rec and park, dpw, and carina as well. thank you so much, bill, and we'll be handing these out. >> thank you all. clap lap (applause) >> all right. ~ next on the line up, batting third, if you l he's the

district 2 supervisor. he's a dad, he's a playground lover. he's a half decent athlete and he is a true, true, true advocate for our parks. representing the board and mark what i think i'm going to do is give you the mic and have scott and john join you to say a few quick words after you're done. our board of supervisors has been terrific. even in the toughest times they have been working with us and fighting with us to find financial resources for our parks. something i know is going to continue in this budget cycle, mr. budget chair. [laughter] >> we are really, really thrilled with the support we've gotten from the board of supervisors for or parks and play grounds and rec centers. so, mark, come on up. let's give him a big round of applause. (applause) >> how about a huge round of applause for the best recreation and park general manager in our country today, mr. phil ginsberg. (applause) >> i don't think we appreciate how amazing phil is and how

lucky we are as a city to have him. but today how lucky are we to be san franciscans standing here today? (applause) >> you know, today i have a number of thank yous i want to go through. but first i really want to comment about our parks and our support for our parks not only in city hall, but with the voters of san francisco. you know, we fight that battle every year in city hall with our budget and we're going through it right now to make sure we prioritize our parks for our families, for our children, for our seniors, for everyone. and the voters of san francisco have done it year in and year out. and parks are for everyone. they're for young people and old people. they're for large people and small people. they're for dogs, they're for everyone that we care about here in san francisco. i see a number of seniors here today. i know one month old emma is here today. this is for everybody and my three children are playing somewhere. we lost them twice already today in the playground. but we are so lucky to have a great recreation park system here in s. let's make the

commitment every neighborhood in san francisco has a lafayette park in their own neighborhood. (applause) >> and, so, for a few thank yous, i mentioned phil ginsberg. i want to thank all our other elected officials, leno, wiener, cisneros, we have so many commissioners here as well. but i want to thank you in particular and i think we need a big round of applause. you realize the people here past 10 o'clock last night cleaning up. our recreation park department staff that made this happen today. (applause) >> these are the unsung heroes that don't get recognized very often, but they are what make our parks work and look the way they do and we are so lucky we have one of the most beautiful parks now right in the middle of pacific heights. but there are two people -- i want to thank a few folks. stefan franz as well, and our friends from prozac that represt