so that is our position right now. >> commissioner walker. >> thank you. thank you, all for coming. >> i actually was not here last week, but i read all of the or the last month, for the original one, and i have read all of the information, i think that the commission last month, was very generous, to the project sponsor to extend 30 days, i think that you are very patient with this process, and i know that the tenants as well. i think that they have been given sufficient time to complete all of the remedying the notices of violation, and i understand that there is still needs to be inspections, and i

believe that the evidence submitted to the commission supports are denying this appeal, and approving the order of abatement, assessing cost, and i would add that we hold it in abeyance for two weeks to allow for inspections and proof that the work has been completed >> i agree, i voted not to give them the 30 days last time and i i think that i have looked at the tenant's pictures and i think that there is progress being made and it looks to me that they are doing stuff and nevertheless, i think that the pressure needs to stay on and i am not at all interested in reversing, the

order of abatement. i will second that motion i did not understand, i made the motion to up hold, the order of abatement, assess costs, and allow for two weeks, held in abeyance to verify that the work is done. >> may i ask a question of the chair? >> and that is, is that, are you or is the motion then that the enforcement of the order, being the record, moving forward with that will be held in abeyance for two weeks from today? >> yes. thank you. >> yes. >> it does appear that the progress is finally being made, and i don't want to hinder that progress, and i mean, that our goal is to make sure that everything is corrected and completely repaired and two weeks should be enough time for

our inspecters to go in and assess the situation and whether to determine it has been fixed or not. and i would agree with that motion. >> do we feel that we could get that inspection done in that two-week period and if the contractors are ready? >> thank you. >> and call them. >> i can make the housing inspecters available, and i was just looking to him to see whether or not the other inspecters would be available, and i can't speak for the others, so. >> and it can be done. >> all right. >> and if they will give us entry and the work is done, it will definitely work within that time frame. >> okay. >> commissioner mccray? >> absent inspection.

what constitutes substantial progress. >> very good question. we in most all cases, a site inspection is necessary unless something involves say a permit history, research or the work necessary required to a permit that was already signed off on. and absent that, then, the site inspections are necessary for items that do not require a permit, and that were written, by housing or any other divisions. and sign-off on all of the necessary permits that are required. and we are not talking about the items written up by the health department, just that which is before dbi. >> call the question? >> thank you. >> the motion and a second considered by melgar and lee. >> we have a motion by commissioner walker and a second by commissioner lee. and i will do a roll call vote

and a motion to up hold the order of abatement, and it will hold in abeyance for two weeks and include the assessment of costs. >> go ahead. >> sorry, i have one question and if the property owner does get the work done in the two-week period and the order then will not be issued or in forced but the assessment of cost still would be incurred? >> correct, thank you. >> i just wanted to clarify. >> roll call vote on this motion. >> president clinch. >> yes. >> melgar. >> yes. >> mccarthy. >> yes. >> mar. >> yes. >> commissioner lee. >> yes. >> commissioner mccray. >> no. >> commissioner walker? >> yes. >> a motion carries six to one.

>> item e, new appeal and order of abatement, case number 6785, 505, 26th avenue, order of record and appellant, wo ng, banker realty, and owner of record, yick, on wo ng reverse the order of on baitment request 60 days to obtain front door key from tenant. >> the unit which had a notice of violation issued in november of last year back for two particular items having to do with the unit number three and fairly straight forward, and however, the property owner, and the occupant of that unit have not been able to come together. this is a history that we do have with this particular property owner, however, the good news is, that he is represented by council, who was

here today, before this hearing, and working with the occupants, and they seem to have come to some kind of a conclusion that there was an issue with getting access. and it seems like they have now come to an agreement that access can be achieved and that the repairs which are straight forward can occur in the next few days, if that can happen, we would be more than willing to, allow a continuance or to support that, or to allow this to happen and that seems to have been the problem. the photo that you have in your package showing the discoloration of it and i just want to put this down.

>> you don't see it look like and obviously it needs to be sanitized and needs to be fixed and the valve needs to be fixed but this is something that could happen. and relatively quickly, but we could not bring the two parties together and hence it went to a director's hearing, because the occupant in this building, is a diabetic and she needs to be able to use this tub, and so there was a concern that that is why this case went to a director's hearing, and so with that, i don't really have much more to say and maybe you would like to hear from the two parties but they did indicate to me that it looks like they have got at least in principle an agreement that they can get this done, we are looking right now at about $2,000 worth of assessment of costs which it saddens me to say that, because for something this straight forward, i would sooner than put the money into the building and not in our time, but, that

does happen, and there are other open cases on this property, with this property owner, and we have had to refer him to the city attorney on other cases but i want to congratulate him on getting an attorney that he brought here and joe is here and i think that he is trying to get this thing resolved between the parties. and so i think that this is a very good thing. thank you. >> 7 minutes? >> all right. >> mr. president, commissioners, my name is joe, and i am the attorney for mr. wo ng, the appellant and the owner of the property in question and it is true that we have reached an accord with the tenants and i have met with mr. wo ng yesterday and this morning and met with them and he had an issue about access and in the keys and that has been resolved and he also brought his plumber, from george salie plumbing to address and work out the arrangements for entering into the unit to make the corrections and i would ask

that the commission, please, not or please withdraw or wave, or put on abeyance for a determination as to whether the repairs are completed and the assessment, because, the actual appeal is based upon a non-appearance in december. and mr. wo ng, sent as was indicated in the packet that was presented to you, a fax that he sent to the inspector on december third indicating that he had a court appearance that could not be here that day and he is 80 years old and i explained to him that you did not have a conflict does not ex-excuse your appearance, i think that he was not here, and now we have an order anything

else to add? >> it is the rebuttal and that is my understanding that, the director's hearing was properly notified and the tenant did show up for that hearing, and the hearing officer, the director's representative, did take the testimony and it is our understanding that the court appearance that the property owner had was late ner that afternoon and not in the morning when it took place and it was somewhere in the city and so, you know, while we did convey to the hearing officer that he wanted to continuance but the tenant was there and had a real concern and could not use the tub, and so the hearing officer in his best judgment which we support, thought that the order should issue and that is just the information that i had.

>> does the appellant want to use three minutes. >> one is that we have the dbi order and the hearing, and at the same time that i, and i already, and i have, and i have the supreme court trial day, and it is the same day, and so i send before now, the december, and the 5th, and i send that, and i send that court, the document, to inspector, and mr. (inaudible) and so to excuse him and to

postpone, but however, it never happened, and then, that is the number one and it is second, and so, of course this is not, and it is not the owner and it is not tried to do. and so we tried very, very hard. and he have been there to the plumbing and to own it and to fix it, and because, it is in the just to much and they cannot fix it, and then i have, and i have been looking in the market as to the specialize, at which it is the plumbing, and it is the specialized in and on this to the work and after then i make two appointments, and

question it to get it in and it is not there and it is not cooperated, and so, the last one, the apartment, said, no i don't want to make any appointment, until, you get the key, and you make sure, that when we go there, that we can get it in. because we need it now and our worker now, and he needs to feed the family, when we go there, we cannot open the door and then, we cannot nothing. so, now, is it, and actually the owner now and we lost it now and our right now to protect it, and our property. and we need to protect our property and we need to do this up but however, the tenants in there is to hold off of the key and they have stolen it there and our key, and then in storing the two, and the police

in there, said, the order them, to give me the copy of key for the emergency use and they refused it, that the police is john, so, we now have to have been there, and not now. have our best own and her not have the right nerve to do our job to get our way (inaudible). >> thank you. >> thank you. >> thank you. >> is there any public comment from this item. >> and the commissioners? >> commissioners. >> yeah. and this is just... >> and before we have the public comment, commissioners we have a question. >> sorry. >> maybe it is that the counsel could open this for me. >> we are going to postpone it for just a moment and you can have a seat. >> have we got the confirmation

that this was received from the department. >> the second page was the fax confirmation sheets. >> in that was requesting the cancellation. >> it is only a request.

it is up to the hearing officer to grant it. if not we don't make that determination, it is up to the hearing officer. >> is this the first time that you requested this. >> there is a history. we have several open cases. >> on this case, what is in front of us. >> i don't believe that there was a director's and they have tried to make this before and it has not worked and it has the extensive problems. >> and i guess for me, as a commissioner and we are trying to and we are trying to get to everybody. >> and but, commissioner, sure.

>> and so, it is our policy, not to extend any continuance as a rule. >> it is not... >> even though we do get it back in december. >> and i, no i would not say that, the code says, that it is up to the hearing officer, somebody can make a request, and it is up to the hearing officer, whether or not they want to grant the request for cause, or not. >> and so we would have responded back to the owner saying denied? >> it would have been right. >> and in that situation, it would have been up to the hearing officer to continue the item, for 30 days, at one time or not. or to just maybe take the testimony from whoever was there and continue the item. but it is my understanding that what they did was that they took the testimony and issued it in order. >> yes, okay. >> have you to put that in fairness, if i was in this position, and i could not be there, i still have no confirmation, one way or the other, if i am going to be seen

or heard. i am just going, and you just either show up or you don't show up. >> that is right, we do instruct them that they are making a request, and it is up to the hearing officer, whether it is granted or not. we typically don't get in the way of that, it is typically up to the hearing officer, and whether they are going to grant it or not. but it is not up to sal. >> rose mary? >> yeah. >> and so when in this case, the evidence was submitted, from the department's point of view and was there anything submitted on behalf of the project sponsor? >> i would have to work and it is my understanding that the request for the continuance was before the hearing officer,; is that correct?? >> well, i am sure. >> and you would have to check. >> yes. >> but what i am saying is that did the building owner submit anything in response to... was

there any evidence or anything submitted by the project sponsor other than a request to continue at the hearing? >> i am going to have to have mckensie answer that. >> okay. >> good afternoon, members of the board, senior housing inspector, and to the best of my knowledge and i am going to have to check, i believe that all of this request for in terms of the department actually the way that the department works is that usually in order when they get strong, in efforts to communicate with in either of the inspector or the senior, inspector in terms of granting a continuance, a lot of times what happens is that right before the hearing, a correspondence does not catch up to us prior to the actual hearing date and we may get it later and i think that is what

the case was here. and i see. >> thank you. >> i don't believe so. >> okay. >> and because the hearing officer did not get and i don't know when it was submitted to us. but, it is saying that we did not have it at the time of the hearing. >> so if that is the case, you know, sometimes these things get submitted very quickly, very soon before the hearing, so i don't know and he is saying that he didn't think that he had it so if that is the case, so the request for continuance was not heard. >> commissioner mar and then commissioner lee? >> and so if that is the case, then, i don't have a problem giving him that additional time. >> thank you, i appreciate it. >> thank you. >> yeah. >> i mean, because all of this around the hearing itself, and i mean that the facts are still the facts and so, you know, >> and you know, i absolutely agree with that and i know that the commission wants it and i

think that we have to have a sense of some form of fair play as well. and if the effort is made and i know that rose mary agrees with that you are willing to work with people. >> and usually when we get the requests for the continuance we rush those over so that we get those for the hearing officer so that they can consider that. the tenant is here. i think that she does have things to say. >> i think that commissioner mar has a question i know that sometimes we have granted the continuances where the tenants have showed up and also, we have gotten, or gotten upset with us for doing the other thing too. because granting the continuance when they showed w timing issue when is the anytime if the person wants a continuous we need a certain amount of

notice we receive the questions and give us adequate notice to respond both to the plaintiff's and appellants so if it's cancelled it's cancelled we can do better than that in terms of making you know the rules of the road clearer. the other question i had i know this is going to come up given this was not a simple fix but a simple issue the assessment of costs was it because we had to send an inspector out there 2 thousands is not a lot but could have been spent better than the question why did we come up with that because we had to come up there so many times and talk to the tenant

>> i'm going to be as diplomatic as i can but historically he didn't respond very quickly as i said we've had to send another case to the city attorney he didn't traditionally respond to the tenants quickly are in this situation he's tried to make the rapes and have not been mandatory what's needed to abate the situation on the issue of the situation the officer can grant one day extension we need a one-day notice and those are generally at least a one-time continuous unless there's a hazard unless there's other evidence to the contrary where you have a situation that is

going to impact someone severely. that's why staff if do anything left lanes unless we have something to be concerned but or about >> we include that this is the point that's what i'm interested in. >> i apologize for that. >> i'm glad we have clarification. >> now public comment. >> i'm denise the tenants sister. >> go ahead. >> i didn't hear what he had to say. >> what was your public comment? >> my condominium is i'm a little bit concerned the owner first of all, he said that he didn't have access we're there all the time he mangles

appointments and a lot of times he didn't show up and he brought two plumbers and they wanted to fix is and he said no. i talked to the plumber and he said the pipes are old and he was going to charge him that thousands and mr. fong said no so mr. wong still said no. we brought a second please state your full name and he also said no. we brought a third one and he also said no. i don't think he's been honest about trying to fix it my sister and i talked to the third one they didn't speak english and i said what did mr. wong is to you and i guess i had an inkling he

didn't want to fix it did he say not to fix the neighborhoods and not outdoors they said, yes. i'm not confident he's honest and he said he wants a key. he didn't need a key. we're there all the time he didn't follow-up or glow so i'm concerned because 2008 he went to the rent board and agreed to do a lot of things and 6 years later things have not been done. i'm concerned my sister is diabetic and she needs a shower she comes to my house to shower and the stove everything else i can't name everything i'm concerned about my sister she's been getting sick because of all

of this and ended up in the hospital too. so i don't know what to say. they've agreed mr. board restrict would they're to work on this and he's he probably i'm sure he's honest and going to work hard i trust him by not sure mr. wong will come through and the excise he used he had another hearing we had another hearing but we showed up in the morning. he showed up in the morning and we showed up for the afternoon small claims he took my sister to which my sister prevailed.

that's why i'm here to speak >> denise gonzales i'm the tenants sister. yes >> thank you. >> okay. >> thank you very much. any other public comment? >> steve. on behalf of mr. wong her we've been to that residence >> move up to the mike. >> we've made several appointments the first one was on 3, 13 of this year i'm sorry. sorry about that the first one was 11, 18. one of our guys dave was skeleton to go there but the actual customer cancelled at the 9:00 a.m. because the tenant wasn't there and we went out on

the 20th of 2013 and the tenant cancelled the appointment and the last time was 1129, 13 and the tenant cancelled once again. we've been working with that mr. wong for 10 years as the plumber and he's been trying to fix the situation to have two bath tubes together and we have to open up the wall and replace the piping. we need to gain access to the tenants place to open the wall to get even though piping done >> i have a question of clarification who you meant by the tenant the tenant underneath the