1898 that's a 7 year skrirpgs so also the tenants know that was logically when they first called the building inspector they came out and said it shouldn't be here it is over two years back so they had plenty of time to find out the true facts and i choose to leave it as a single-family dwelling it would ruin the bottom unit if i have to add a closet to the living room and have to do all the things to add meters and plumbing i think plumbing gas line goes to the stove and to the water

heater it is all the same line so that's why they were going to cap it as a kitchen stove they needed to run the water heater you know the whole thing is a big mess and leave it up to you guys thank you. >> mr. duffy anything further. >> just a couple of things commissioners joe duffy dbi this is the overhead sorry so on those water department records typically the number of families is usually written up here it is b a bad copy i don't know if that is where we go to oftentimes the units number of

families where it starts is usually on there i can't make that out so i wanted to point out that. >> and get a better copy other thing about the you know i'm not here to take sides but the facts the notification i said something that is the compliment that issued from dbi and this is what we generate when a complaint is filed by someone who contracts contacts the department the complaint was angela in san francisco the complaint was about mold in the unit that which is back on the authenticating of december 2014 or sorry the 30th of

authenticating of december 2014 the senior inspector davidson investigated the complaint and met with the tenants at unit 57 a precisely the case property as an 3-r the violations were piloted, however, research is needed for the downstairs units and the notice of violation was generated from that. but i just i want to say it didn't matter but the exclaims there were meeting with the housing inspector maybe they didn't understand the notice of violation but the complaint was generated it is unfortunate i think that maybe they

especially\realize and came down to the department to talk about the violation but had been in the unit for 10 years that's a procedural thing the department of water & power we're not going to give permitting issuance but i know the notices are mailed to the property owners and the buildings are unusual posted with a notice of violation i don't know if that happened they're saying it didn't so i do know there were meetings with the tenants and the housing inspection and mr. davidson told me that as well i just wanted to point that out >> commissioners the matter is submitted. >> i have a couple of questions

please mr. levitt if you'll step to the mike it will be appropriate so you've lived in that house all your life. >> question yes. >> so mrs. cooperative as not lived in the house. >> how long. >> she's been there for 10 years. >> who lived there 15 years ago. >> my uncle. >> family member most of the family i lived there. >> that's my sister. >> that's. >> in my grandmother lived ups so. >> so other than ms. cooperative has any non-family member ever lived in that unit. >> i'm not going to

characteristicries it. >> any family member lived in that unit besides mr. cooperative. >> yes. he had two other attendance when i bought the building from my brother in 2001 i had two other tenants in 2005. >> so one can argue that illegal use began after when you choose to if it isn't illegally rented to two tenants ago correct. >> yes. >> and i wanted to mention something about they filed a complaint against me in 2012, 2013 one to install a fire alarm

to the ones. >> carbon monoxide. >> right i did that and sent receipts to the inspector he cleared the violation now, when mr. davidson went downtown there the alarms were missing apparently i think i wanted to determine really when the practice of leasing or renting that space either illegal or legally i appreciate your helping with that information my feeling. >> thank you very much mr. levitt. >> my feeling is that there's a couple of in support of tenants whether this tenant is legal or legally i'm not going to character that there are a

couple of reasonable doubt we probably should look at the assessor oversee report and the other reasonable doubt hearsay to whether or not the nov will be revised to make it very, very clear we're making the decision to continue this to a later point when the nov is filed or revised or not and at the same time, we kills two birds with one stone and get that confidential assessor's report if it is a one or two single-family unit and all the facts are interest or take the position, in fact, we've approved the action that we did

before this is as mr. duffy said this is a natural follow-up to an action we've taken before and we should move forward and approve that as a reasonable and customary process according to what we're done before i'm not prepared to move but those are my thoughts i'd like commissioner feedback. >> you know we don't necessarily have to follow procedure in the event of the looking for what would be the equality involved in the case we did hear that the record at

this time represent the permit history showed it to be a single-family at the requested a rehearing it was not granted or those two permits are an adjunct to those decisions but the question what they presented tonight raised enough questions to determine that further research i'm afraid i don't see that that will make the decision in my mind what's been presented the fact that further information was provided the fact that the water record is

provided but is i think inclusive i don't see enough information that leads me to change what the departments position is in terms of the was it legally a single-family home. >> and then the testimony from mr. levitt saying my senior relative and another relative when i took it over i didn't have any relatives left i render it in an ad hoc possibly illegally explicit support it was of a two-story leg i don't want to throw someone out on the

street and consider it as it is event. >> who has the authority to request the assessor's report. >> probable the property owner. >> confidential. >> yeah. >> we'll have to inquiry require the pertaining to do that if we go that route. >> yes. >> so i make a motion. >> all right. commissioners just if you're going down the right of continuance you know, i there are statements i hear that mr. davidson was reserving his notice of violation that's a big statement i'm a firm believer in

getting small business owner something in person i think that might help me personally i don't want to stand up here as a representative of the department and go back and find out that makes us look that's the basis of the permit so if we want that will give us more time to get the water department records better copies and the assessor the assessor's records i deal with them they're not as good as they should be to be honest but your pca property tax the assessor's records are based on property taxes i see those are imagine inclusive but from dbi point of view someone is saying that someone at dbi was going to rise the notice of violation it

was only discussed today, i encouraged those people to go back and talk to housing after the building permit hey in dbi changes the notice of violation even if it is upheld at the board the dbi about do something with the building permit we don't want to county go with is it we have the ability to recognize or resend or do whatever even after the board of appeals because of the positions in error or based on some inner correct fact but if mr. davidson will put the notice of violation is accurate he based it on whatever. >> mr. duffy you conducted. >> i'm sorry and at the hearing

you have presented your own permit research our conclusion it was a single-family home. >> no, i was basing that on the housing inspector. >> i don't think - well norman normally my permits researchers go back to 1982 not as accurate as inspector davidson's you heard me read it auto the notice of violation he did the permit research. >> i am not we've read it. >> exactly. >> no i don't think i did i by what he said the department a complaint was filed the department issued a notice of violation and the beginning take care of it nothing remiss talking about there was a notice

of violation properly issued i encouraged them to going and discuss that with the staff and again i'll state it it should you have been done after the date of issue they've met with housing so - >> what is interesting we've seen the assessor's errors go both ways it is not definite active all the time. >> to be honest. >> we've had a argued going both ways but it is the reserve. >> commissioner swig i think wants to make a motion i'm only interested in continuing it long enough for dbi to see a change in the notice of violation i'm not so much concerned with the city assessor's office i see

those errors on a regular basis. >> i want to make a motion on reasonable doubt the availability of the assessor's report whether it is inclusive or not from sf 1931 and the classification there is a revised it is worth for that reason i believe the continuance is fair justice to the appellant. >> okay. i mean this is the third item. >> you can vote me down. >> i'm inclined to support it. >> so there are 3 items you

want the notice of violation you're asking the brrld to get the assessor's records. >> i don't know who is going to get. >> that's the only person entitled. >> and and attempt to get a clear copy of the water report that didn't bleshdz if so it possible if it is not it is not we have to attack those doubts and get the clarity it is only fair if you were in the appellants shoes i want ever effort to clarify the doubt we may still have doubts but we take a vote. >> do you want to specific who should be providing the clearer copy of the water department and mr. duffy says he can get a career copy if possible on the

water department records so - (laughter). >> also the permit holder mr. duffy do you want to speak to that. >> i'll take someone's voices. >> commissioner swig no what i meant to say if it would be better but from the property owner will be better to get the copy i'll have to go to the water department. >> they're provided to us at a for instance on planning can get them but it is also by the property owner or the i think the appellant and i think. >> we can clarify we'll place that burden on the property owner. >> both the water permit and the assessor's report from 1931. >> mr. levitt has a chance to come up and responds to whether

or not he wanted to do that and under would timetable. >> you're asking him. >> yeah. >> i mean. >> can we ask for comments. >> about what. >> we're postponing. phenomenon an opportunity to get additional >> i got it i went to the assessor's office went to the water department and they gave me said that was all they've got and that was the same that was shown and it was dated 1891. >> you have an assessor's report i respect to the assessor's office they gave me you know it was hard to read it was so old and she gave me the phone number

of the places to call to get any taxes back but identify been paying taxes on two units if it's the same report i don't know i mean. >> i got this back in 2013 so everybody knew that was a probably illegal unit and another thing i'm not collecting any rent this is you know going on for months now it will go on for most longer. >> not going to go on for most. >> well, a 60 day notice and wait for the sheriff and once little place is empty then the inspector the way it is now you

know. >> >> okay. >> thank you call roll. >> wait there's a motion to your maintaining our motion i- we need to packing pick a date. >> also my motion. >> we need to pick a date. >> telling me a date the next available date on the calendar. >> the next available date calendar is difficult in general but july 15th is two weeks. >> then make it july 15th and let's take a vote. >> would you want to all submittals to be made thursday prior to the hearing any documents ca that can come in on that day. >> yes. >> okay. >> well would you come up

please. >> i got to have surgery on july 24th at kaiser i don't know. >> we're talking about july 15th. >> that will be what. >> two weeks from today when we bring this matter back. >> go through this whole thing. >> yeah. not the whole thing but to review the information we're hoping to get no further briefly only the submittal. >> submittal right. >> only on the question of the rescheduling. >> ms. cross has will be away for her mother. >> you'll not represent the two of you. >> yes. i could be back. >> mr. pacheco roll call vote.

>> there's a motion from commissioner swig to continue this matter until july 15th and public hearing have been held all requested documents are due on thursday prior to hearing 3 votes are needed for the continuance to pass commissioner fung no commissioner president lazarus commissioner vice president honda no commissioner wilson no. >> thank you. the vote is 2 to 3 the motion fails and that is still before the board on the merits. >> commissioner fung. >> i'm going to move to deny the appeal on the plumbing electrical permitting.

>> basis of - >> that their cod compliant. >> both are code compliant okay. >> there's another motion on the under oath floor from commissioner fung now to uphold both permits electrical and plumbing on the basis they're both code compliant on that motion commissioner president lazarus commissioner vice president honda. >> no commissioner wilson no commissioner swig thank you vote is 3 to two those permits are upheld on that basis thank you. >> commissioner president lazarus no other business before the boards tonight. >> we'reñ!?tl