baker and action by appellant seeks an order of abatement or an opportunity for a rehearing on the ground he doesn't receive notice of the hearing and therefore is not here the department will go first and then the appellant. >> the address 2 delores street that is two family twelz the violation on delores street created an unsafe condition of this property no violations were filed and the order of abatement was issued on june 17th of last year therefore staff recommends i uphold the order of abatement and uphold the cost. >> for the ongoing construction

was inu unpermitted. >> with permit and that permit has been sent off. >> explain to me this. >> tln explain how a permitted construction then causes on unsafe structure can you walk me through it. >> during the process of that construction this year's some unsafe activities in the way the work was done a complaint was received and they went out and cited the fact that the work on the property was causing unsafe conditions on 214 delores so on the ongoing inspections they corrected whatever the way they were doing things - sure

eventually the permit for the neighboring property for shoring was signed off and both no permit was obtained for the unsave condition on 214 delores. >> commissioner mar so just a question again, this you know because the photos are really important so was were the unsafe construction that was the inspector saw where's the photos of the unsafe construction what were they. >> the foundation. >> how this came into about ongoing inspections on the neighboring property so the focus on the inspector was the neighboring property.

>> uh-huh. >> and the underlined foundation underneath the foundation. >> right so 214 delores is being cited for something that 2 hundred didn't do right i'm jumping to conclusions trying to understand. >> whatever the construction on 200 delores street it created an unsafe condition in 214 it was notified an unsafe condition and now what happens the two property owners work together urge when the work is ongoing they often work with the effected property to get a permit to reduce the underpinning whatever that normal situation develops it just didn't now i acknowledge there is some occasions that maybe 214 delores

street maybe out of town or other issues there's an unfortunate situation they're right fully acknowledging. >> commissioner walker. >> in a case where the construction another 2 hundred undermines 214 clearly 2 hundred was given a notice of violation for doing this but no? no, because they had an issued permit so they made a correction notice but the unsafe condition was at 214, 214 was issued a notice of violation but never got addressed and i understand that is a technical way we address any violation is on the property not on who caused it >> correct and that's a civil issue that's why we are here the

unsafe condition even though it was not created by 214. >> we're we are going to hear what is happening. >> i have a question about what i'm looking at so that photo looks like a bad retaining wall who's retaining wall i assume that is 214. >> right. >> but that doesn't seem like are we saying they built that retaining we'll with no permits. >> we don't lay blame on accredit we don't get into who did what only what happened then is that an unsafe condition we innovative the property owner and that's where it stands sorry for the grilling.

>> this is not a congressional hearing and to make an informed decision please continue. >> but when you go out to the properties as you say your counterfieting 214 but on the property how do you knows which property it is on. >> we don't get into that. >> how do you know it's 214 and i thought that was 2 hundred and this is 214. >> so if you're standing in the yard of 2 hundred and taking a picture of 214 that's what we're looking at. >> yes. >> you're not standing in the yard of 214 that's right. >> did the he is vacation of 2 hundred create that. >> yes. >> i'm very confused about that i'm actually familiar with those property one of them as if i'm correct is

affordable housing is a residential treatment facility so how can the property that did the excavation get permits if it was created unsafe condition for the building that seems like if it creates a problem with the building next door under construction. >> the unsafe condition occurred on 214 so the notice of violation was issued where the condition was located that we don't get into who caused the condition. >> we can only issue a notice of violation for a property within a lot commissioner mccarthy and - >> was there any communication from 2 hundred to 214 saying

they'll undermine and under pine due to the excavation of 2 hundred and we have 90 information in the file to that effect. >> when they did their construction did they pull a permit to remove a retaining wall that abutted this one. >> no a permit issued for 2 hundred delores on january 10th of 2012 and an excavation for awning approved permit with theling for the plans along delores 15th property lines so they totaling secured no things with migrate and that permit was signed off if december of 2012

but i guess - >> commissioner walker. >> there's no coordination between the neighbors and 214 was never addressed. >> commissioner walker that seems to me they've violated their permit is that true they got a permit and all of a sudden the other property is. >> i'd love to hear what commissioner mccarthy has to say i think if this is how we are going to deal with it it makes me a little bit crazy because this i think the property in question the one we've accredited is not only a residential treatment. >> historic property it is like on the national register so i think we are putting the owner for this property owner to go

through the other one in civil court and it will be the folks that bear the costs they're doing us a service and that property owner has built you know high-end condos is sort of going to get away with that that makes me a little bit crazy. >> can we hear from the appellant. >> before we do that commissioner mccarthy is going to say something. >> i'll be interested to hear the other testimony from 214 and depending on the issues i'm wondering if this is one of the situations to your point unfortunately, we're back to where the actual draft is on the one side of the property you can't accredit the other property they're not the ones their work modify generated the

situation. >> depending on it is complicated but with that said, there is communication going on and to both parties to resolve this i'm interested to hear about the consumption i wanted to make sure you didn't have anything in our file with communication with the under postponing agreement before this work started. >> no, but hopefully, they'll have information on that. >> i'm familiar with the properties too and they're so this was a project in process a long time. >> i'd like to hear with the city attorney has to say. >> i'd like to advise the board when someone inform files the appeal nicole the kinds that was cried the property owner if

receive notice of the hearing therefore didn't attend to in terms of the information the merits of property owner role has only had this issue up on notice so i'd like to bring that. >> so we'll hear from the appellant 7 minutes; right? >> i think you've not the microphone. >> gm i'm john, i work for biker we're the listed property owner on dwaurtd i don't know where to start i'll introduce john the executive director and will explain the situation i'll give you the history why we're here this is more confusing. >> hi 0i78 jonathan the executive director of barker places we're a nonprofit action providing residential treatment to people with mentally ill and

substance abuse i've been with the agency 33 years we were asked by the redevelopment action to take over this property that launched for a long time that the serviced had been working on the property but was unable to bring it to fruition so the redevelopment agency asked us to basically become involved in it as a provider we provide case management services to people that would be residents at that property and we over saw the rehab through the redevelopment conviction agriculture division for a period of quite some time we've been there since 2000, to thousand one we have no idea of the picture that is not a

picture of a retaining wall which john sent to our office for and he's been the manager for over 2 and a half decades we visited the property yesterday so i should mention that one of the reasons we requested this hearing you know we've had concoct is since 2012 with the building inspection and john will subscribe f that we've been noticed and contacted the building inspection and told that was nothing to be worried about those contacts have gone on over a period of years with in resolution we were indeed told we were violation to the problems with neighbors i've not heard laws stipulated by an

agency with that in my mind i've asked john to talk about the chronicle of events. >> i'm sorry, i assume you have the same information in front of you in the case history on the 18th of april in 2012 a notice attached to the door went over and took the notice and called the number the notice said was unsafe property that's you'll it said not why is i called to ask about the problem pursue i was told by the person i was referred to that the inspector who posted that had posted 2, 3, 4 responded to complaints by the neighbors we were not the neighbors that complained i'm sure there was other neighbors on the corner of 15th and

delores i've had kooktsdz with the neighbors they've had a long history of being anger with the neighbors so i asked the guy he said look i didn't post it if there's anything to be concerned i'll call you within 7 days i never got a call i assumed it was okay. so two years later two years i get a second notice of violation i made a second call the guy said probability not a problem i'll try to take care of that no one called me back last year in 2014 this was a notice sent to our office what was this appeal hearing i don't know we were in violation and my manual was sick so i was in these new jersey so that's when i foiled the appeal what's

important to know here - a john said 90 percent is news all i was ever told we had an unsafe building no one said what it was that made it thinking safe and what type of permit to make it safe the question is the observance one, if the construction and excavation at 2 hundred delores was causing unsafe was a stop order issued to the best of my knowledge no, i thought i got a test i didn't response look if there's a problem with our building resolve it with a civil that's not what we do my major concern i never saw froifdz or anything

what was the problem on 214 delores i can give you an experience this is on our who ever ramp without calling us they - i called the building inspection to have them take the skavrl down the building inspection told me to call the 0 police it's not a good situation that is full of accurate situation in terms of our needing to take action i'm not sure what it is we are to do those are those 46 sessions. >> commissioner mccarthy. >> the photograph is it your testimony those conditions don't exist in our backyard. >> i was there yesterday yes i don't know if this is a photograph of our building oar

so it's not. >> it looks to be the next door neighbor their patio. >> so we're stand in our guardian. >> the photograph of the front of the house i can direct you from there. >> you can put that on the overhead. >> oh, i can. >> put that right there. >> okay. >> 2 hundred. >> let's just - >> this is 214. >> yeah. >> 214 okay. a single - >> yeah. we're good only the front so if you could go to the black and white photography. >> this is the front. >> okay. >> so this is facing from delores electricity often this left hand the collin residence the near dental building this is

2 hundred delores which was a 3 story flat building falling apart rat infested during the work this picture was taken i can't decided concern from the black and white building this is the fondle that is a wheelchair ramp that covers the ground floor it is completely dark the retaining wall on the right and on the left-hand side of the house is the stairway it was something we converted so you're looking at 9 top and the bottom is below market rate so this is the sloping. >> if i may i'll close i

appreciate you walked me through as i look at the one with the white piece of furniture on the table i'm standing in 214 looking at 2 hundred. >> i don't know where that is, i was there yesterday, i can't figure out i've seen the fence on the left-hand side that separates us from the cowen building it can't right because the perpendicular part of the fence has me confused. >> as well as the shrubbery none of that is there i'm sure it is a picture of something i think the person thinks is germane. >> you're not familiar. >> you think of this may be the rear of some of the buildings on 15th street or at least that fence. >> i appreciate that thank you.

>> he appreciate someone meeting me there. >> i'd like to knows from our staff who took this picture? >> i don't know. >> was it us was it. >> or it could be provided by neighbors the best thing to focus on the notice of violation that was issued on april 18th or 2012 the language says a complaint was received by this dependent on the construction of 2 hundred delores caused the situation to the neighboring building that may have caused it to be unsafe and the instructions to the property owner at 214 delores providing an evaluation is needed within twenty-four hours whatever the condition that it was unsafe

they've got to get a notice within twenty-four hours as to the district of the building once that is the evaluation done by the engineer then they were to obtain a building permit within thirty days. >> those are our responses that happened the one twenty-four hours we were told by the building inspector that he would get back to us within 7 days with a problem no one did we should respond within twenty-four hours because there was something urgent without give a sense about safety issue in my estimation why they go about business third we're an nonprofit organization housing people that have no resources

and received less than assistance in any aspect of this case we've tried to respond to our department on two occasions and have received calls from our department saying this is not a serious issue await further follow-up that case has been going on for 3 years for 3 years i don't know how exactly urgent this is we're at a hearing 3 years later. >> so commissioner mar. >> so yeah i'm a little bit perplexed but i guess i have a question for the department because the violation itself that you read to me seems a little bit overly broad even a nonprofit organization even me as a private landlord if you sent me something and said your

building is unsafe you don't tell me what is thinking safe not a backstair you don't say it's the gas people you don't say it's the main electrical panel only your building is urban safe and euyou have to go out address hire an engineer and tells you why you're building is not urban safe what did you want me to do. >> when an inspector sees an unsafe condition the inspector didn't have the credentials to absolutely go from the begin regarding what needs to be done only issue a notifications it is unsafe and get an engineer to do an evaluation and an appropriate permit will be obtained the

inspector can't, it directly on an unsafe condition and the engineer adhered by the property owner bewill do the evaluation and on the permit. >> commissioner walker and commissioner mar. >> i think that would be helpful in the future if i mean it is appropriate to do noticed on those kinds of urban safe buildings but if they'll indicate where it is. >> i'll agree. >> i feel like we're sitting here not knowing what we're looking at because i don't know where this is i'm assuming what we're looking at the land underneath 214 but again, if we don't know it is a problem just here now the issue is i think what they're requesting they

didn't receive the notice or look at the notice in a timely fashion they were not expecting is it out of town so it small scale it seems to me we can go round and roll up but send it back to a directors hearing to try to resolve this situation because we - they're here because they have their appealing the notice they're saying that they if not get a notice in a timely fashion the remedy to ask the department to go through the process that is one i'm saying. >> their testimony size they're in contact with the department their ware. >> but the department is saying there's no imminent worry about

it and the in connection. >> i'm not saying we're wrong we have all of this stuff to assess in terms of. >> the way the appellant saw this they didn't appear at the directors hearing generally the way the appeal comes up there are sectors their appealing they made a board argument not a notice to appear so they will be remanding and having those issues vetted out. >> commissioner melgar and we should send it back i've got to say by consequence i'm familiar

with these properties been there dozens of times i didn't recognize that it worries me maybe another hearing i don't know where this is it should go back all the issues should be vetoed it didn't have a date maybe 2012 and typed in i don't know so anyhow. >> to corral the what grounds here we have heard from the initial it is now time for e rebuttal from the departments 3 minutes and we'll have 3 minutes for the appellants rebuttal and do public comment john if you could come up. >> no rebuttal i think there is different things to look at you'll leave it to you. >> appellant rebuttal 3

minutes. >> different places operates 10 licensing programs providing services to san franciscans some are complex and all of them involve building and fire and having to meet all kinds of explicit state and local and in some cases federal requirements this is not a little thing to us we didn't treat this in a way that was lacking a response or for that matter if you just look at this piece of paper it appears as though we were urban responsive we were a community-based organization that relies on our reputation for services our continued funding so we don't took those matters