tv [untitled] November 8, 2014 7:00am-7:31am PST
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after the earthquake they were happy to get the construction up and it's a well constructed building so that's basically all i have. >> thank you permit holder we can hear from you now monopoly i go next. >> i don't really know why we're here on july 15th my client conceded since the records are so unclear even though we have evidence it's a single-family home that's not the forum here she withdraw the permit and scald the permit open july 15th why are we here we have no idea this is akin to ms. conway trying to win a trial anna case that's been dismissed
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a month ago i feel this is a forum and you all is being overused here because the permit has been withdrawn council she's ongoing in having the place be demonstrated a two unit building the record reflect that i don't know why we're here mr. duffy said he turned in the job card and withdrew the permit why is ms. conway here saying we have a determination to revoke something that's been withdrawn the reason i think this is true that the permit is still alive so you can rerecognize it so she can create a defense for her clients to say see there's an eviction because they've got a
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revocation that's the reason why that's united states true motivation behind their eviction of cause that's why i feel like we're all being used here she can't at this point be asking for a permit that has been wrun and cancelled. >> mr. duffy commissioners the building permit that's under appeal one of the building permits this is i call its second revert both with new staircases in the interior this permit was suspend
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on may 2014 the attorney that spoke her i was so to speak with this attorney since then another attorney came on board i have a cancelation request that's typical and the appellant goes away in this case that's fine we go ahead and cancel the permit where does that leave dbi and every other person that allows assess in into their building our department has been denied access to both of the buildings on the lot for the simple process of determining what was done what the permit what was inspected and not inspected so i have not been able i was in this this ones to determine the unit consent prior to one that
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was sustained i do think it's a 2 unit building and there's 5 unit we can probably cancel the permit and returned the fees but what happens with the rest of the work that was done in this building we've been refused assess on numerous times and continue to get complaints after the board suspended the permit i myself was in a city vehicle sitting outside and listening to sandy whatever noise worker come in and out but i wasn't getting in when i spoke to the property owner she said something else but we i wasn't loud in the last time i spoke to those
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people out in the hall at the last continuance there was an attorney there she was from burbank and i had some correspondence clearly i don't know if she's here a pollutant lady we spoke outside the agreement was i would get into the building to sort out the permits there's nothing i want to do more believe it or not to get this sort of identity is there too buildings on the lot no there's building permits that crisscross buildings that's not allowed 33 we need those identified on the permits none has that i'm saying there is a ruins to let dbi into the building so
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working for go ahead and get into the building my last e-mail thank you for your times on the phone we're happy to meet with i your department has tried to get assess into into buildings and no response to the repeated questions it's my wishes to meet and go over the issues and the work that was done in both building i look forward to working with you on this matter that's from myself i did get a response thank you for your time still trying to understand the issues but want the permit cancelled i said let us into the building and i will say this there were electrical and plumbing permits taken out and electrical and plumbing inspections is but i--i don't
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know for sure you can ask them if the work was done and people living in there without inspections i is that what you are talking about that we issued notices of violations for both buildings relating to wasn't i just said they've refused us assess in my opinion they've done the work without the permits and covered that up until i get into this building i'm not prepared to resend the notice of violation nor ready to proceed with the council meeting on building permits i'm sorry. it's frustrating when our trying when we deal with dbi permits they pull them to get the inspections i'm not sure i urge them to reach out and figured out this. >> let's clarify for at least
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my purposes. >> i saw would permits one for t 5 unit building and one for the flat. >> yes. >> all right. now that references representations two separate permits doesn't it. >> yes. >> has - would you look at the size of the permits they're relatively small; right? >> yes. >> >> the one for the 5 i think it was thirty thousand. >> which one was that commissioner and for the 5 units was let me see, sir. >> so the thirty thousand revised for 62. >> 62 that's correct. >> and the kitchen was remodeled then for the flat was
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15 thousand say 15 thousand. >> that's correct. >> it says remove our illegal unit but not much about what was done inside. >> i have the plans i took the plans out of mike film today. >> we don't have those and does it show a scope of work. >> it shows removing a kitchen and pitting in a stairway to the upper and in the interior. >> and demolishing the existing stair that goes up throw the entrance into the upstairs unit. >> okay. those restraining order building permits so it's under dbi electrical and plumbing are separate and yes. >> because they could be pulled
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over the curiosity counter usually. >> by a licensed contractor and it probably was but gotten separately once you get the permit the electrical and plumbing permits are separate and required. >> so the dblgz position i'll have jurisdiction over those two permits and you move to review what was done to insure that they could be signed off and actually, if there was work done under the permit you folks have not issued either a t oc for occupancy to occur. >> no and i suspect we can ask the attorney removing a legal and converting back to a single-family home the upstairs of that building which is not
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approximately a unit has been removed i was in the unit when it was partially remodeled i spoke to the person i saw the work that was before a hearing this was. >> - >> the final inspection has not outdoor. >> no inspectors i have photos of showing the dbi plumbing inspector people do that by what i'm ask them to do is cooperate with i their skigz to cancel the permit that's fine but let us into the building to see what's going on. >> i understand your position. >> thank you >> so what are your option in dbi if they don't let you in. >> it can get - we have a lot
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of options we issued the notice of violation what should happen a second notice of violation a director's hearing that goes to code enforcement and they'll be asked to explain why they haven't down it it could end up as a order of abatement or at the city attorney's office and . >> they did next step and they don't respond what's the action from dbi and from the order of abatement it will be recorded against the property and fines would be fines will be referred to the city attorney's office and okay. >> some point and there could be a task force to be honest it would be better if a electrical and mrim people could get in
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there it would help the property owners those inspections could help us do our inspections if you take off the sheetrock and put that back on but let us have a look and their maybe constructional work done i think the units if there's people living there if the work got done and units are rented technically i should be getting our sign offices and renting the units you know. >> but so the only recourse is more than likely there will be a notice of abatement or violation. >> yes. i'm bringing this up a 13r5i8 from the appeal i think what the attorney was seeing they shouldn't be here if i cancelled the permit they
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wouldn't be here but where does that lease us we need to get into the building i'm happy enough all the permits should be put together and they cooperate with dbi i'm asking not for too much but on the illegal unit i could see they don't want to go ahead with that now. >> actually there's two alternatives mr. duffy one there's a legally issued permit the question then if the permit stays then is the scope of work or has to be determined whether it's within that issued permit or if you cancel the permit then all the previous work was done without permit.
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>> plus there are - >> the consequences of the two or slightly different. >> a permit to remodel 1022 i think they had a permit for the upstairs but that permit got put in with remodeling united one in the other building a that's not allowed you can't put 3 unit they're two separate buildings we wouldn't allow that that permit. >> what do you mean by put together they have two separate permits. >> there was a permit at one point for the times in this whenever they applied for here it is the bathroom remodeled in one thousand and one thousand
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221011022 is the upstairs and this building was illegal unit was referenced as a single-family dwelling so they will pulled that permit october 2012. >> we never saw that permit. >> it is an issued permit one thousand and one thousand 22 are in different buildings this was issued in error the fees can be removed and we've got to clean up that. >> if they don't they'll not been able to refinance it and the tenants have to let dbi into this specific building that's a headache. >> so be quiet honest we haven't gotten into the building it will come up to the board i thought after the last
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conference in the hall with a continuance they'll contact me and i'll be able to speak to the attorney or someone involved if this and try to get to some agreements to get into the knowledge i could probably give them direction with this permit and maybe testified we'll have a cancelled permit and we'll not have to come back here person living in downstairs unit will be there. >> i'll see what everybody has to see on rebuttal. >> fair enough okay. we'll take public comment on this item. >> do i get 3 or 9 minutes. >> two. >> i'll be quick i think commissioner fung is getting this problem he also
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realize when this building was built in 1915 built without a permit the 3 r was based on on an earthquake shock this was built on 1915 the person she's referencing is the builder so whether it's one or two it z did say it and people released in 1989 they'll required a verification to remove units we don't want people to remove legal units it is one fact and the other issue that's important if you do construction you can't withdraw a permit once your in front of the board if you do the conduct you get the permit revoked or file a restriction
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permit they want to take it to two we did the construction and let's use reasoning they pulled an electrical and plumbing permit but didn't do the construction that's insulting they did the work and don't want the city to go in if this board allows them to withdraw you'll get into situations people withdraw the permit and refuse the city assess that's a dangerous precedent for everybody one of the things that's going on maybe this board can help the longer the board continues it i don't know. he, speak for himself so long as this permit is active there's a distance and if the board rerevokes the permit and go get another permit it makes it easier for the building
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inspection to get the inspections done if the electrical work was done and no one saw it - >> is there any additional public comment seeing none, we'll have our rebuttal starting with ms. conway. >> some issues we'd like the permit to be revoked we've tried to work with everybody to continue it to get things worked out and every time my understanding the representation they were going to allow the city to come in and do on inspectors upstairs which they never did and the issue of some of the plumbing one of the - the permit details we filed one before because - well, we i'm
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trying to remember we complained because the upstairs had an electrical and plumbing permit for the major plumbing work was being done upstairs and no permits pulled so in order they got a notice of violation to correct percentage they went and pulled the permit under the other building but used the block number and somehow whoever issued the permit said the other citation for our building was abated because of that that's why we appealed the issuance it's not in that building and the one in the building that my clay client was in a complete plumbing the heating everything was redone well water, electrical service was completely installed without permits that was being done
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under 0 cover they got the existing person moved out it was two flats a tenant living upstairs when they purchased the property when that person you know left under some duress or pressure she was begun but done without permits on the ordinances of the fortunes we want to see this revoked get it done and offer we would like to see some resolution because i think i've been here 5 maybe many, many times already and every time it was going to get continued and workout something with mr. duffy and let him in i've been there by myself on saturdays and sunday i said call the police you can't call the
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dbi often the weekend their f g flagly ignoring the law this is basically there is no reason the whole thing was fraunt con seeped over the counter representing it as an illegal he unit arrest that's all and the plumbing the influences there's no approval of a plumbing or furnace there was a mistake done by dbi that's it.
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>> clearly just from what i've been listening here there were permits for upstairs mr. duffy said there was a permit october 2013 for upstairs plumbing and electrical upstairs my client has maintained the work was done october 13th permit and they were listening to upstairs were the things like painting that don't need permits there has been a breakdown of communication obviously with the permit holder and mr. duffy that's because she feels she is being used in the whole abuse of process and the tenant and attorney are basically puppets driving the situation calling the work done and it is just been an bases there was permits
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admittingly for the upstairs units the best thing is what is before the court and forum that permit that was supposed to demolish their units there's been no work done under it it's wrun so to introduce try to tie-in upstairs on one hand saying it's too units i could go into what i believe is one unit but eir respect it is to for about their unit there's no work done in the unit she's been fighting the whole process the subject permit that has been wrun and that's narrowly what we have before us
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it shouldn't be held hostage and my client he would say hostage if she's conceded that's what everybody wants she wants to withdraw this particular one so the problems that mr. duffy has with my client and their communication breakdown i think it will be resolved but at this time she is very disfranchised with the building inspection they're being used by the tenant and their attorney for their own defense soak to that's it. >> okay mr. duffy anything further? >> just there were electrical.
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>> plumbing the electrical and plumbing there was electrical and plumbing permits taken out on the building that's my understanding i don't have them there was electrical and plumbing permits taken out i want to say there's nobody being used we don't get used by people the eviction is not going to deal with me beginning didn't have my opinion on that i'm simply saying a lack if you want to call it a communication breakdown i don't think it is there is a lot of people out there that get permits everyday of the week i'm saying there's no cooperation from that property owner and let beginning into the building that's the sad part about it. >> mr. duffy the building
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inspection department of has a legal right to inspect that's sort of a semi question (laughter) president chiu but definitely our housing component has a legal right our point is either the scope of work in the original building permit was reflected by the amount of what was done there and can be easily verified via inspection or the scope of work was greater than that in this case they'll have to do a revision predicament is that not correct. >> it could be you mean open the permit for removing the
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remodeled permit and the remotely permit if the scope of work was relate to only sandy floors and the painting does the bulk of the work creating the noise and disturbance recommended to electrical and plumbing work and you've verified it - but a permit taken anti one 2 and 6 and 8 we have the building permit but it was only sandy and painting. >> that's the other building that's the 22 and other building we're saying yes. the permit was for the demolition related to combining both floors into a single unit. >> yeah. you know there was number of that work the work showing on the plans for the
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removing the illegal units there's been none of that the stair their alternated the entrance to not have two enhances you used to go up the stairs there was a close it and go into the ground floor and a new stair way going up to the ground floor. >> misunderstood. >> the building department wants to inspect the top floor it is only the electrical and plumbing work. >> that would be right yes. >> i mean in general that's the - and, however, i was in the upstairs of that building it was during remodeling and there the permit that was called for the october 2013 as that's not under appeal but that permit
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