commissioner mar. >> so can i ask the department what the cost are as of right now do you have that. >> the fees. >> fees. >> which are held in abeyance because the permits are pulled. >> there was an initiate fooedz fee of one thousand 20 and the those one thousand 28. >> so about 3 thousand. >> and sorry commissioner mar. >> i'd like to make a motion. >> we're not there yet we need public comment. >> we need the department to do their 06 minute rebuttal. >> no more comments thank you.

>> ma'am, there's a chance for you to speak another 6 minutes if you like. >> i'm hoping that the fee can be reduced because i mean the work was done by the tenant even though the owner you know the owner on the record has to be responsible the fact that she's really that old and the fact she can't have here attorney to representative her to stand here audio hope the board will be lenient on the fee you know. >> thank you any public comment? seeing none, anyone want to make a motion >> commissioner walker i move to uphold the order and hold in abeyance for the permitting and work to be done. >> just to clarify since we

have two matters. >> can i really up into one or do it twice. >> cleaner to do it twice. >> hold on. >> 6798 i move to uphold the order and hold in abeyance for 60 days to accommodate permitting and work to be done. >> i second that motion. >> what about. >> we have to move and vote and i'll do the next one. >> uphold the fees. >> yes. >> i vote on 6798 and move to approve upheld the order of abatement and hold in abeyance for 60 days during which time the board needs to be permit and finished. >> i second that motion. >> there's a motion and second

on 6798 and the roll call vote president chich. >> commissioner mar commissioner mccray commissioner mar commissioner lee commissioner mccray commissioner walker that motion carries unanimously 6798. >> i move on appeal number 6798 to uphold the order of abatement and hold in abeyance for 60 days and uphold fees and they will get a permit and do the work. >> i second that motion. >> motion and second for case 6798 president commissioner clinch arrest commissioner melgar commissioner mccray commissioner mar commissioner lee

commissioner mccray commissioner walker motion carries unanimously on to item f request for rehearing case no. 6795 originally heard on 2014 action requested by appellant request for rehearing and department the department will come up first. >> for the hearing. >> i think usually for rehearing for the appellant goes first. >> okay. you can come up first. >> morning commissioners well, the reason i came is because of the hearing to say it is illegal error to request to goes abatement based on to demand

work to be done in a period of time that's not possible to be done as was evidenced by the previous during the previous hearing. >> the report points out out for the code there needs to be new evidence so forth over and over a illegal error do you have any argument further about the illegal error. >> well it's the same as previous arguments during previous hearings just it is illegal i believe - well, it's illegal mistake to demand the correction for repairs within the period of time that was demanded if me

first place. >> and i can add that maybe i haven't stressed it enough during the previous hearing that had the department building inspection inspirations were properly done i won't probably have to be here in the first place during the intieksz the thing was signed off incorrectly for instance plumbing, electrical that the department failed at that recognize shouldn't have been signed for instance close the walls i was out to sign off it was before fire sprinklers were installed as requested by the planned for

instance so i doubt well - that's my argument today. >> what is your - how much time would you need to get the work done. >> well. >> if you had continuance. >> i'm in the process i already scheduled the previous hearing i already scheduled the neighbors meeting but the rest is i don't know how much the permitting take would take place i need to do the major say for instance another major issue. >> commissioner walker. >> we're hearing on a rehearing we don't need to hear the facts unless there's new facts not

present asking for more time is not appropriate at this point just because we haven't granted the new hearing. >> okay. >> so i can ask a question. >> please continue. >> okay thanks. >> you have 7 minutes. >> you asked me to how long it about take a it's a matter i already have the general contractor to do the work it requires permits and one of the major issues the redesign is actually almost completed as well so permits i don't know how much minded would require to for planning and dbi to approve because there are quite a few of the issues 42 but i'm basically

ready to. >> question for our attorney what's our role if he's claiming legal error what's the burden on us and them. >> you'll have to show that the boards decision previously was incorrect not necessarily outside our jurisdiction or or ran contrary to the law for instance if he presented you evidence that facts were not present. >> we haven't heard evidence of an illegal error. >> that's for the board to decide he's asking for reconsideration reconsideration reconsideration as opposed to pointing out out illegal errors. >> well, the law can't impose

finances or penalties for something that can't be done within the requested period of time i'm a layperson i don't know how to put the legal statement any better. >> through the chair correct me if i am wrong one the reasons you didn't perform the work awe you saw this site as some sort of because it was in legislature or litigation we were instructed you couldn't precede forward that's your main testimony the last time you were here with regards to what happened in a month i remembered at the last

testimony you were saying it was still ongoing. >> for the appeal. >> right so at this point what you didn't have the testimony you had new did you make testimony that last time. >> no, i don't. >> so the last time you're saying there's been drawings completed and new design you're ready to submit for permit correct. >> correct we've schedule on the 31st the neighbors meeting. >> i'm not sorry on the 31st. >> the neighbors meeting before submittal it it requires neighbors hearing. >> so okay. are we to understand legally everything has been done and moving forward or you moving forward on your own. >> no, i'm moving in

particularly i royals the permits needed to be done with time so i'm moving particularly to this. >> the litigation is ongoing. >> under appeal yes. >> so commissioner walker. >> yes. we have not voted to rehear this this is only reconsidering things from the previous one i don't see any new facts to allow for a rehearing. >> commissioner walker the commissioners is allowed to ask questions. >> i understand but this is reconsidering. >> we're not reconsidering only asking questions. >> those are facts that were known at the beginning are we going to revisit every case where someone - >> commissioner melgar. >> b will it be appropriate to make a motion at this point, i make a motion we not grant the hearing. >> we need the public comment

and commissioner mar was going to make a point and i wanted to clarify the focus the conversation on whether weeping we'll have a rehearing and also hear from the department because i think that's the process and then public comment. >> we'll have a question for the city attorney what's the process the appellants perpetrate it there rebuttal from the department or can we simply make a motion. >> ask the department if they want to make a rebuttal and make a redlks to grant the rehearing and move into the next phase unless it's denied. >> we'll have the - is there anyone that has questioned or the department to add anything. >> the only comment i have is the appellant has not use up all

his time is he relinquishing all his time. >> unfortunately, we had a lot of interruptions. >> there were questions asked. >> mr. burger you have 2 minutes and 30 seconds if you want to come back up. >> thank you anything else from the department. >> if you haven't decided i'm done. >> is the board making a motion. >> follow-up on public comment. >> seeing none. >> to restate the motion not grant the rehearing. >> second. >> there's a motion and second to not grant the rehearing roll call vote president clinch. >> yes. >> commissioner melgar

commissioner mccray commissioner mar commissioner lee president mccarthy commissioner walker. >> the motion carries unanimously unanimously. >> item general public comment is there any general public comment for item in the items not listed on the abatement board of appeals agenda seeing none adjournment is there a motion to adjourn. >> i move we adjourn. >> second okay all commissioners in favor. >> i. >> we're now adjourned it's 10:25 a.m. we'll reconvene

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