building code any dwelling unit to a non-residential use a dwelling unit is defined different than a residential it is not about it being legal or not just a living space that people live in more than 32 days my testimony here is that you have the right to accept jurisdiction and send it back for proper notification to the tenants so they can actually be heard on this case we're seeing an increase in those kind of complicated issues i have heard a case where we had a notice of violation on the illegal demolition of a local unit because they did the unit and - we have a 1049 market street we have made the statement you can't remove dwelling units over 3 unit there are positions that

have been taken by the department of health that give the same strength to illegal units and legal unit and provide the opportunity to legalize them i ask you to do this if the planning department or a building inspection needs better decision this is a good process for them instructed as to notification and going forward any plans to change the required notification and i actually other our litigation month to month without disclosing anything confidential i've made a request to the district attorney's office to ask to notify tenants when there's a demolition for illegal or legal the group is looking at percentage but our derivatives from the planning department

allow for this jurisdictional review thank you. >> is there any additional public comment. >> please use the microphone. >> i'm john with the housing rights community for 24 years i've seen too many cases like this and it seems like the city is taking a position to address the consequences of being prosperous and having new tenant coming in the city if there is a way to facilitate that it is one small step and we will appreciate that to me liquor the issue of why there are there are nos in elevators about the state of inspections it is for the public go this is for the public go we

need to get the most did the type of living situations a little bit better outcome thank you. >> thank you. >> thank you. >> is there any additional public comment. >> seeing none then commissioners the matter is submitted submitted. >> anyone want to start. >> i want to clarify it has been a while jurisdiction becomes an issue when the city evening i inadvertently caused someone to miss deadlines. >> that is doesn't apply there's no requirement for the city to make that notice

i also think there's a question why it took so long after the 60 day notice for this to filed. >> as a representative from the building inspection said those requirements are a little bit different at this point i'm not situated either way i'm debate to grant the rehearing. >> i think i made my internal discussion clear i'm aligned with unfortunately

i think with the present i feel that a message should be sent for clarification there should be notice regardless of whether a legal or legally unit whether there's a change that notice should be given to a tenant but am i hearing correctly that notice is not required nicole so the law is flawed in my personal opinion but we have to go by the regulation is and therefore such as i'd like to support of appeal i can't support of appeal based on what the current regulations are whether i agree with them or not. >> i'm in agreement with my new

colleague and i'll make a motion to deny the appeal it didn't meet the criteria for the appeal. >> after we take the vote. >> there's another motion on the floor from the president to deny the jurisdiction request. >> on that motion commissioner president fong is absent commissioner vice president honda . >> no. >> commissioner wilson sdml jurisdiction is denied and no appeal should be filed against this permit. >> if i may 1st of the consequences of sitting on the panel you see cases that look familiar and certainty cases

along the law i'd like to think this body motive express itself on those issues in the form of a letter whether to the president to the board of supervisors or mayor, we observed a pattern we believe there's an issue recommend by ordinance or policy change whatever so in this case, i think everybody has stated it could be done otherwise i'd like to suggest we go on the record if it is allowable nicole. >> thank you well, i mean. >> i don't know if there is pients pients. >> need to put it on calendar.

>> may i request we do so formally. >> and, yes within the president's discretion to add that to the coordinated. >> make that request to the president. >> you requested. >> you can also do you want the resolution so f it is what you want to put on wanted clurnd. >> does that resolution get sent out to the appropriate body. >> whatever is in the resolution. >> it is a more formal way to do it so i think we want to do something similar with the food trucks with issues that needed clarification we explicit express ourselves but supervisor wiener i believe sort of caught on with the repeated cases something was not working so

there are cases to remedy it or are a party to that to support it. >> thank you, thank you. i'll work with you on the way to put that on calendar. >> shall we call the next item. >> a subject property in the alley we got a letter from the appellant versus dbi decided on march 13 the board voted to uphold the vacancy it was properly issued it the antonio to a permit application and address the correction to union street to the alley number 2 as the commissioner mentioned he watched the video hose ready to participate mr. bruno please

step forward. >> i did not hear the commission. >> that's; correct correct. >> thank you for reading the material i'm march bruno the appellant i've asked this rehearing be granted for two reasons the liaison for the department of building inspection misinformed in a material way this board when asked about the notice of violations and what he said in response from a question from commissioner vice president honda there's no notice of violation i'm quite sure when asked again by commissioner wilson he said there might be something but it's been remedied he said no there are no novs

there are complaints but no any novs in fact, at the time of that hearing there were 2 novs when you look at the history of that board and some of the circumstances it would at least placed conditions on the permit holder and the board got the corrected information it would have considered the matter devil the department representative told the board that in giving of notice to the resident of that building the only remit bythe prorld the whole idea it be given 3 days before the work begins 0 what happened then in

this distanced you engrossed the material and given this information i as appellant because of nature of that process is not a typical trial process was not given a chance to rebutton so you heard this information by the dbi representative that reason i think as a matter of just it should be reherald so companies would be placed on the permit holder the attorney for the permit holder states in the opposition to today is rehearing request should have reseen his belief for the 18 he means the word conservative what person

would assume a member of the bar writes conservative and states it twice, in fact that man he referred to have is has no conservative. >> thank you. we'll hear if the permit holder. >> hello, i'm robert cowen with business owner stone and borrowing at the scene in essence the board has not told the board anything new that couldn't have been raised if there is is a mistake untenable by dbi no impact often the boards decision others board considered all the facts involving this permit

and gave the right decision and i ask the board to deny this application for rehearing thank you >> thank you anything from the departments mr. duffey. >> commissioners joe duffy dbi i wasn't at the previous are hearing i believe that was the senior inspector cowen was here maybe his first time i read some of the testimony in the belief i think we decided this last week at the other hearing for there was two notice of violations one of the complaints by mr. bruno is that the work was continuing

despite the suspension that feels around the 24th of february and on the 25th of february we issued a notice of violation just informing the contractor that was at the building that the permit had been suspend open all work was suspend about i the board of appeals on noah valley there is a lot of work going on in different unit this notice of violation was issued on the 25th of february 2015 per the other notice of violation from the housing inspection serves for the lead paint i spoke on that as well that was dealt with by inspector yee they got warnings the notification for the lead paint requirement i spoke about that last week i'm not sure it would

have made a difference but it was missed it may or may not have made a difference but the work per say i've not heard objections about usually appealing what is being done or the work it's an quack of the failure of someone from dbi to give all the information regarding violations on the property there was two notices on the property i'm telling you about them now thank you. >> be any public comment on this item? seeing none commissioners the matter is yours. >> your thought madam president.

>> i feel like i was aware of the novs particle the one having to do with the address that was corrected and that's correct. >> that didn't influence my decision nor the issue around the connecticut certificate so there's no reason to. >> the grounds for rehearing are quite clear i'll deny the request for a rehearing. >> nothing to add? >> you want to make that motion. >> deny the request for the rehearing on the grounds that there's no new evidence. >> there's a motion on the floor from the vice president to deny this rehearing request commissioner fung that absence commissioner president lazarus commissioner wilson

commissioner squiggle thank you the vote is it 4 to zero this rehearing request is did understand. >> thank you. we'll move on to item 7 pay versus the department of building inspection with the building inspection approval on third avenue protesting the issuance to kathy fox of an alteration with the property line total of 16 hundred square feet northwest elevation that frls heard on march 21st by the board and continued to allow the parties to continue to discuss resolution mined as commissioner squiggle and commissioner wilson you've reviewed the video for this. >> i have. >> great, thank you. >> with the presidents content we'll give the parties 3 minutes

we'll start with the appellant is the appellant here appellant yes. >> good evening i'm speaking my name is is tony i'll speaking on behalf of my client they've not come to an agreement with the properties and also, we would like to mention one thing on the response to from fox properties attorney mr. james on the record on exhibit 3 that everything it was signed by the approval permission to go into 691 to go into the skarld and

fix the wall it is based on the note it was required by the city of san francisco and on march 25th mr. joe duffy has clarified it was not required by the city of san francisco so based on this we say it is false information under that condition mr. chang that's the reason he signed the note he was informed this way. >> are you finished? yes >> so how many conversations have you had with the representatives from fox companies. >> once. >> what was that meeting like can you explain. >> ms. shade mr. chang's

daughter and i went to to his office and wanted to resolve the matter mr. miller say we'll be no money paid to chang family so from the conversation up from the beginning to the very end we never mentioned about anything about money. >> so what were the concerns. >> the concern is right now as you can tell me mr. chang is not present her house she needs to say or be hospitalization the daughter tried to resolve the subject matter before her mom's health so it wasn't affected. >> the the new york police department's were useful. >> no, no negotiations. >> okay. thank you

okay. we'll hear if the permit holders. >> good afternoon good evening, commissioners james representing the responding party of fox proposals the bottom line is that in those if you're wondering from our point of view what happened in those negotiations the bottom line we need assess tour your property and couldn't get a commitment for that and then where mr. shoe left off we're not going to do anything without compensation and we couldn't he said the meeting is over so

as you can tell sort of by what is represented in afternoon by illnesses all valid points we'd love to accommodate do anything possible we've also been fox is next door to those people for the lease thirty or 40 years always been friendly i don't know why this is go on all this is a permit to put siding to the side of the fox property next to their property that's the bottom line i wish we could have a settlement it explicit occur. >> are you finished was there a dollar amount mentioned. >> there was not.

>> in your mind if was a settlement what would that look like. >> before it's devolved into mom being sick that was basically the workers destroyed items in the backyard and left things dirty and i thought it was simply going to take the shape we'll indemnify. >> and we'll get in and out as quickly as possible the job for completion is less than a half of days of unfortunately the skaifld has to go up to make it as pain also as possible but nothing was discussed. >> mr. duffy.

>> commissioners just on the we give us to dbi as well and gave a call to see how they can get the work done no one was let on the improvements if you want to on your property you have to go on the neighbors side unfortunately, sometimes it is not easy had people complain about things on the yard it is really it's annoying and frufltd i wish those people would get together and unfortunately, sometimes you have to get a court order i believe i'm not an attorney that is unfortunate but it happens we want people to get

into a property maybe someone went on to it and didn't do well, that's in my opinion that locals the work is 2/3rd's of the way done and noted to get finished but an assess issue permit is fine. >> mr. huey this may have come up but the cities requirement will you address that that. >> i saw that note that unfortunately, i wish i hadn't of done that the city didn't require it i don't want to make a point of that this is between two private property owners the city didn't own the property sometimes, we issue emergency orders the city can do that this

is not a case like that it shouldn't have been on there and the property management people know that maybe they got symthat information somewhere we can't force that unless it is a hazardous condition but typically no we courage people to work together. >> thank you public comment is closed. commissioners the matter is yours yours. >> you're the frank your frank today. >> i think this matter is going to be resolved elsewhere the permit was properly issued so my incollision to deny the appeal. >> i'm on the one side of fence

i do not like how the permission was obtained it indicates what looking at the pictures that were in the briefs you know you can't require someone or allow someone to use their property i mean, that's this is a neighbor a neighbor issue. >> but i don't know this is under the permit. >> we're addressing whether the permit was properly issued what happens after that is not necessarily our jurisdiction unfortunately. >> so robert what happens if we uphold the permit? well if you uphold the permit the two parties have to work out some arrangement it didn't get much further that >> president.

>> other comments i'll move to deny the permit and uphold the permit that was properly issued. >> mr. pacheco. >> we have a motion on the floor if the president to uphold this on the bays basis it was properly issued commissioner fung is absent commissioner vice president honda commissioner wilson commissioner swig thank you the vote is 4 to zero this permit it upheld on that basis. >> next item item 8 susan versus the department of building inspection the property on 21st oath protesting the issuance on february 2015 of the penalty in position of a penalty of work done without a permit you have 7 minutes to present our case to the board.

>> thank you sorry i'm trying to get organized i want to give you a brief summary i was worried about a notice of violation in october and as soon as i got the notice of violation i went to dbi 8 times gathering the necessary information and trying to figure out you know what to do in february i got the necessary approvals to get the permit i also i haven't paid it because as you can see from the is it correct to the last page appealings it is a financial hardship for me and also i would