obviously our biggest concern that's why i'm outlook with send it back procedurally and make that clear. >> any public comment seeing none i'd like to make a motion and that is, we - excuse me. city attorney for the proper language all to kick it back to the directors hearing if you could rephrase. >> kick it back is fine remand it. >> thank you. >> second. >> thoek to remand for the directors hearing roll call vote. >> commissioner clinch commissioner melgar commissioner mccarthy commissioner mar commissioner mccray commissioner walker okay. that motion carries unanimously.

>> okay item. >> question. >> what do you mean about the abatement. >> what's that. >> what do you mean about reverseably the abatements. >> there's no fees. >> we should go ahead and say reverse it back that is not part of the motion but the department will get into contact with the appellant for a director's hearing via e-mail and a request for ab jurisdiction and appeal case number the appellant requested that the ab over an

appeal of directors order that appeal was filed after the 15 day appeal by the code extraordinary the ab may consider possible action to grant jurisdiction pursuant to the administrative code the department? >> for jurisdiction does the appellant go first. >> you want to clarify that. >> again, this is another matter that is a procedural issue because of the procedural jurisdiction so the appellant should go first and set forth why the board should exercise its jurisdiction even though it was filed outside the 15 day

work order. >> good morning reuben, junius & rose here on behalf of the project sponsor appellant. >> the reason obviously the reason why we're here requesting jurisdiction even though it's a procedural request the land for my clients concerns with the way that this case has been processed the short story is that after a director's order that gave my client thirty days to abate the violations my client filed that building permit and when the permit is being signed off by planning when it got back to dbi for a final check the person that reviewed the permit the permit

was for i'm not really sure that's right my client asked dbi for american people explanation why in san francisco building code or any sort of kinds law

out there we'll find something saying that a shared foundation under what is a shared retaining wall only one party has to remove that foundation to put it into their property after my client received the request from dbi he immediately figured out or tried to figured out what we could do to appeal that discussion it turned out that was past the 15 days to appeal the directors order so within 3 days of finding out he needed to have a request for jurisdiction on file that was in late november so that's. >> can i ask a question to our city attorney if a permit is amended does that change the

date there were 15 days to file the appeal but instead of appealing the decision my client wanted to do what we could do to get the decision to go away he filed a permit but it didn't make sense asking for jurisdiction and while we're here to talk about the entire abatement process it's still penned a foundational agreement about the enforcement

of two foundation walls on two properties to move into one so. >> so that's part of a later hearing if we accept jurisdiction and we can continue it right now or that can be continued depending on how you rule on the jurisdiction issue. >> so we're clear that is important it shows good intent he files the permit to correct the issue. >> yes. >> that to me in 3 days. >> 3 days after he realized he the only way to get before i's you was ask for jurisdiction. >> if he hadn't of foiled that permit. >> we're talking about a month and a half after the directors hearing occurred until he asked for a jurisdiction request it's not like we're talking about 40 months or a year.

>> but part of jurisdiction request. >> yes. thank you before - no. >> department you have rebuttal. >> the building on 2015 and the appeal of the the appeal was then foiled for the request for jurisdiction was foiled on november 18 million dollarsth so it is well in expose of the department so what can happen in those situations if there's a permit involved some people foil an appeal within the 15 days to collect and if there's a permit

issued sometime later and then they'll not allow to exercise that appeal - on a case by case basis we refund the fee i guess that didn't happen here. >> does that appellant. >> i'll reiterate what i imitated my client tried to do know not having legal council trying to do the right thing and move on. >> you can speak if you like you have 3 minutes. >> still remainder of the 3 minutes. >> good morning yeah, i'm bert actually, i'm the homeowner to the document prosecuting attorney to the permit

applications before i do that i want to say the reason why i'm being abated or asked to produce the building permit looking at the initial stage of complaints and the citations it is really confusing so my first question is this the owner of property on the backside. >> this is purely on a jurisdictional so save our merits for that. >> sorry. >> one of the case is it pertains to a different citations which the actual storage house and then the

flooring is this thing from what of the being card charges on the 16 dot 1 the foundation has a different permit and the next one the storage shed has to have the next permit. >> excuse me. sir they have to decide on the jurisdiction then you'll make your case. >> is there any further commissioners comments before we go to public comment any public comment seeing none if you want to. >> you go. >> your turn. >> you go. >> i'd like to make a motion based on the fact that the building permit was foiled we uphold we not uphold. >> we grant jurisdiction or take jurisdiction i would

suggest we continue it. >> to another time. >> to another time to give the staff time to prepare the case and resolve the illness kinds. >> can i request the next paycheck if you could provides the drawings for the shared foundation. >> absolutely we have drawings and photos and all the fun stuff. >> we'll be cognizant of trying to defend it is sound it is going to complicated where the foundation is. >> let's not deal. >> i'd like to reiterate what you're heard the department staff say multiplements times over today what is issues are civil issues that are decided between neighbors. >> there's a jurisdictional hearing. >> right part of why i'm here is because

the department staff has made that an issue between the department and letting the neighbors figure out it themselves. >> you've made a motion; right? >> second. >> i'm going to restate the motion the motion to grant jurisdiction and continue the matter until the next month to month. >> on that motion i'll do a roll call vote vote. >> commissioner clinch commissioner melgar commissioner mccarthy commissioner mccray commissioner walker okay. that motion carries unanimously you didn't call me. >> yes. >> (laughter) yes. >> item 8 general public comment is there any general public comment for items no one the the abatement appeals item i adjournment.

>> is there a motion to adjourn. >> second. >> we're now adjourned it is 11167 a.m. and we'll reconvene as the building inspection in ready to begin good morning today is wednesday april 15, 2015, this is the regular meeting of building inspection commission i'd like to remind everyone to turn off electronic devises the

first, it roll call vote commissioner president mccarthy commissioner vice president mar commissioner clinch commissioner mccray commissioner melgar and commissioner walker commissioner lee is excused. >> in the interest of time i'll move the directors announcements but unfortunately, that are people from both all sides but in interest of that i'll maybe in i have time to do at the end of the month to month the directors announcements go straight to public comment. >> item 3 general public comment we'll take matters not part of agenda. >> are you speaking on an agenda item. >> good morning, commissioners my name is shirley moore with

the health alliance in the neighborhood association and this candle stick appointment committee first of all i want to thank the president commissioner the president of the commission the last time we were here regarding the candle stick demolition brothers we have a meeting with the air quality management and the community to sit down and discuss discussions about issues that were brought before the commission i want to thank you for facilitating that meeting well cohen that meeting that was fascinated by i did department of building inspection police car lourey we had 3 meetings with since then and had

subsequent meeting regarding the issues at candle stick stadium. >> the don't guess we managed to come to numbers of agreements and speak with a collaborative voice and address issues that concerned the community mainly the dust and the dust plan many things were promised in the month to month but we i guess if you have been delivered because of time issues i have a conflict with a meeting scheduled i was due out of here at 11:30 to drove thomas will elaborate on the meeting and it's consultants out of meeting we signed our collaborative voice and speaking

that the developer and ocii and the agency city's are air quality management and the department of public health and positive manner and obey horde our issues are being aided i'm hoping going forward we can speak many a collective voice and heard by each other and be productivity going forward i thank you, very much. >> thank you. any additional general public comment for items not on the agenda? okay. seeing none item 4 >> is this on the agenda? okay >> my name is yolanda louis on behalf of human right black coalition i want to make the everyone aware 2015 marks the

first year for people of african descent declared by the you understand we must remember that people of african descent are effected by racism too often they are denied human rights for quality health insurance and education the united nations secretary general san francisco is a city notorious for having elected leaders that falsifies people in high places and violations take place against black people the city are the likes of dogs are given greater value than amending citizens we have a right to clean air and right to eclipse water, right? to live in an environment free

of told his but the dred scott kinds remind us when the chief said the people have not the rights a black man has no rights that a white man it to respect there was a case that in overturn that but they say the 13 meantime it says that slavery has been mreementd and we know that san francisco has a crime rate of incarcerated black people at a rate higher than the apartheid san francisco is known for racism against black people i want to say that that is human right should trump money and human rights should trump the

agenda we should stop abusing and overlooking the network for those you consider less than human they've been declared i want to say that and come to you to look at the human side as human beings we're not less than dogs. >> general public comment. >> seeing none item 4 employee of the quarter winner for quarter one 2015. >> item 4 employee of the quarter winner although actually this was as opposed to be a part of presidents announcements that has gone to the records management division and although supervisor patty who nominated that is not with us today julie

and another member is here as the quarter one of 2015 to announce it following are the names of all the records staff that are refgs this joint award alex benny, caramel christina and others (calling names) so joining those and daren are alex benny and others come forward to receive our certificate and thanks to all the records staff important providing the outstanding customer service.

>> commissioner mar i want to say on behalf of committee and the commission that was difficult go to make that decision it is rare to give an award to an entire department the records division is management division is group that is unrecognized you work in the back you've made great strides in helping us making the customers much more happier getting the records in a timely manner with that i'm bring down the whole board

(clapping) thank you all and congratulations again. >> we're on to item 5 appeals pursuant to the section of the city charter appeal by a representative of freeman regarding the property on gerrero street and the directors decision to revoke the final decision of occupancy

speak up. >> okay. are we on. >> yes. >> the order of - and dbi present it's presentation first then the opponent. >> indemnify staff. >> good morning patrick chief building inspector with the building inspection just to refresh you all i'll go through the presentation and have updates to add property is 1142 gerrero so the permit application 2014112014

pardon me 0611 was issued over the credit with no drawings and no planning review it was described as an administrative permit for the purpose of documenting the use of rear building as a single-family cf c certificate of final completion was issued in 2014 substantially a complaint number 201493251 was foiled on september 5th contending that was issued based on erroneous information like the storage shed was convert to a single-family home unit a notice of violation was issued on september 14th the owners representatives was given several weeks to the dbi

archives for a permit to document it conversion of the building a letter issued by dbi on december 19th revoking the erroneously permit permit applications from 2002 and subsequent 2013 permit were signed off 2003 pardon me and those permits refer to water damage repair and indicated the building was a single-family use o those permits with in fact signed off and an appeal was filed at the board of appeals regarding this matter also just so you know it was continued based on a decision that may not be render

by the commission here today so city planning has also indicated that it would be willing to consider the legalization of this unit permit application that could be filed to do see based on the mayors derivative for those types of units to be legalized code enforcement activity has been suspended based on those hearings we're to the moving on that pending potential decision by this board of appeals. >> permit application 201406 would one one 838 was issued the associated cf c was issued in error the garden shed was not

converted to a legal dwelling unit and drawings should are occupied the application, and the planning department should also have approved that same application an erroneous 3 r report was issued on april 5, 905 shows the unauthorized use as a one family dwelling that report is now inspire the it is important to said that report was generated based on the permit that was filed showing the building to be single-family for the water damage repair in 2002 so in regard updates i asked do

records management division to conduct a thorough search of the records that was conducted by a different individual that searched for than the one that searched for the first records two visits were made to the site by administrative review and the rear building in honest it is a nice little building and reasonably code compliant that are a few things to be fixed captured as a subsequent inspection it is reasonable code compliant for the most part the careers records show two unit for the property that's probably important to understand that and also the building is served by a separate central service which