commissioner clinch do you solemnly swear or affirm the testimony you're about to give will be the whole truth and nothing but the truth? to do best of your acknowledge thank you you may be seated item c election of officers president and vice president to nominate and elect officers president and vice president okay. so anyone the floor is open yes so i'll jump in there i would propose we keep the status quo with the same president and vice president as before. >> who are

merna commissioner mar and commissioner clinch there is a motion and a second both accept. >> yeah. sure. >> thank you roll call vote oh, i'm sorry public comment on the motion seeing none, the roll call vote commissioner president melgar commissioner clinch commissioner konstin commissioner lee commissioner mccray and commissioner walker that motion carries unanimously approval of the minutes discussion and possible action to adopt the minutes for the meeting on january 20, 2016, and february 17, 2016. >> move to approve second is there anyone else who wishes to speak on this item it there any public comment on the

minutes? seeing all commissioners in favor opposed? the minutes are approved item e order of abatement case owner of record putnam action requested by the city funds for the corrective work >> morning commissioner president melgar and rosemarie chief housing inspector a single-family dwelling we've received complaint and attempting that work with the property owners that was referred to the city attorney's office in 2010 reached out to the purpose her relatives and default protect services to help her in a recent city attorney

task force in 2015 an additional notice of violation was issued when which is before you the property owner has appealed the decision of the hearing officer to issue an order of abatement also the package are additional notice of violations that are still outstanding incorporated for reference they are before you identify we have a long-standing issue with a series of problems at that this impacting the neighbors i believe the property owner is here as well as one of the neighbors so with that, also you have questions i don't have imagine we've gotten the photographs of the interior inside of the building. >> can you i ask you something rosemary in our presentation you said the owner was asking for more time and assistance.

>> in particular notice of violation the orders are on the subsequent. >> whether or not there has been assistance from other city agrees. >> you've offered we got a adult protective services involved and the property owner is not interested in awe sunnydale himself of those serves as to what her feelings are at this point in time i believe she can let you you know we frequently do in situations reach out to help to resolve that like i said we've been dealing with the condition of this property important several years. >> thank you. >> you're welcome. >> the appellant may come up for the record sfafrs the procedures each appellant has 7 minutes and for rebuttal 3 minutes. >> so -

>> (inaudible). >> yes. >> okay. >> thanks. >> this is 78 what do you mean. >> you have 7 minutes for our presentation once you begin. >> good morning. >> i'm la relay harris he own the property - i'm 86 years old the only speed i have left is slow i'm not physicallyable as you can see because of the

communicates of a stroke to do anything very heavy. >> i have income under $20,000 from which i have to do a lot of payments including property tax and insurance these people who are complaining have not yielded offered to help you have no money to do pay somebody to do things so the by little i sure you it is happening timely little i'm slowly getting the things done that all those complaints are about the reason i have broken windows is because across the street from me the city is doing a low income housing project and

little boys unspfrd came and broke any windows by throwing rockies the windows i'm down to one cat when i went to the property and said i want the people that own those this children to it pay for the windows guess what they moved out didn't leave a forwarding addresses for someone to pay for it including me i have barley be able to keep going on my income i'm resistant full that i'm not getting more help from the city i've supply to suffer or something like that give us up to $15,000 which will cover all the windows this is have not yielded answered back yet the past i have done business

with the rebuilding together i haven't applied to them again for this round of aggravation but i will if necessary the big problem at the bottom is that i have no money to do these things with otherwise they would have been done years ago i don't want the place to be falling down around my ears it is simple i'm going to have money to do the repairs and almost nobody has leans money i only found out about that surf the other day recently very recently and i asked for the city to give me as much help as possible i'm perfectly willing to do the stuff if i

have the money to do that. >> so bottom line money and the second bottom line is that i am not physically able to do much by myself and i prefer not to have had the stroke but since i did and now crippled i think the current phrase is disabled everything is slower than usual i was fortunate when the stroke happened i kept a few marbles many people my age gone downhill from here i think also you have questions i don't have anything more to say need money, need help. >> commissioner walker. >> thank you for coming this morning i in the presentation from our

staff they mentioned that the city had reached out previously to offer assistance to you previously and that i declined can you talk about that? is that the case or? >> be more specific please. apparently, they said that ap s and the mayor's office of housing i'm not sure they offered to help you to see what you needed to cure those issues and you refused. >> are you talking about what is ap organization. >> adult protective services they fatality helping so. >> they sent people who were supposed to help me clean up. >> uh-huh. >> and what i told them go

right ahead that was years ago and do not throw away any books my books are precious to me they when they got through just in the case i checked a couple of bags they brought bags of things fuel of books so i said i don't want those people here they especially\pay attention to my one request don't throw away my books so that's what i - i said i don't want anybody trying to help me personally i'm able to manage myself and i also manage to live the problems the problems are from the outside. >> thank you. >> one more thing okay. >> across the way from me next

to a city street that has stairs two steep for cars burglary there was a vacant lot for many years about three years ago they decided to build a mansion the 5 story as a consequence they disturbed a colony of rates i'm blamed although i've lived there since 1974 no rodent but i'm blamed for rats they came to my house and several houses around me, of course, they're looking for feed and do food and water their evicted if their colony that is not my fault. >> okay.

>> anyway i don't want anything from the protective services on my house. >> you've applied for the surf funding. >> yes. >> what's the status do you know the status. >> no, no answer yet. >> yes. sxhoil sxhim. >> what have photos with combust material insides the property what you you be likely it if it was a different agency no points who nonprofits who are seniors get their help them get their homes no order would you be willing to accept their help if not from protective services.

>> i would i'm only asking for help. >> your slow on your feet but eloquent on the mike i see your independent i know from people from the private sector that will help to clean up at no cost to you if you're interested in that a little bit more sensitive to our books and stipulate in our open we could help you. >> all right. where do i get in information. >> we'll talk offline. >> thank you for coming. >> thank you, thank you you may be seated. >> i'll tell you one thing this group needs you need hot coffee (laughter). >> you can stay and entertain

us for the day. >> i'll say this is a very good turn in the right direction i said we referred this in 2010 and the deputy city attorney has been trying to get her to participate and she didn't want to do so up to this point we need a execute a search warrant in 2013 sometimes coming before you helps people understand that we're at that particular point i have more to say i'm sympathetic but be that as it may we have the conditions that we have so with that, i don't have anything further to add let that cultivate and work with her with the city attorney.

>> commissioner walker and then commissioner president mccarthy. >> assuming there is help in place and she avails herself what's the timeframe to - >> that's - as i said we've been at that while before i we are is that you may want to take public comment and i'll ebt within 60 days the sanctuary issues here being willing to participate in hem e help if she's willing to do that that will go a long way we'll give her all the help. >> due know the status of her application. >> no what surf application we

can find out as soon as possible. >> commissioner mccray the point person to contact to give her different options. >> the options depending on what you're hardening in public comment the differ from 20 to 60 days we need movement we've been asking her to participate in assistance back to 2002 and 2010 we referred it a the city attorney has trying to work with her today she'd to get assistance we've reached out and recorded this before to a private organization that can help but she's they need her permission to get in and help her. >> is someone from the city dealing with her from your department. >> once the inspectors are dealing with the notice of violations i have tony behind me

he's been at the building and the city attorney on this case to work with her and provide additional sausages we didn't file a lawsuit we wanted to work with her. >> there's no direct family member. >> we've reached out to the son but that if workout she wanted to handle this herself. >> wanted to - why not get together with you afterwards okay. >> public comment. >> oh, she wants rebuttal. >> i'm sorry would you have anything further to add ms. harris. >> come up here i'm sorry come back up to the mike sorry.

>> i have one family member my son who works two jobs one that is quite difficult he's a back stage manager at the fillmore and sometimes does 12 to 14 hour days but he comes and takes out my trash on a regular basis and trash going out on a regular basis that's proof i'm trying to do something about it he brings me my groceries thank you. >> maybe i can stay the front row in the case we need to ask

you again thank you. >> public comment? >> good morning. >> thank you so much for your help. >> can you please speak to the mike. >> thank you for the help i'm julia on the property on the other side of the staircase from the harris and he come to you to really ask for your help mother of a small infant i have a new born at home those of you with children sure understand how difficult for new moms to brush their hair and let alone come to this i made the time as you heard from the city this problem has been going on for 14 years and appeals to help ms.

harris and by the city and neighbors over that time and you can come up here and say words but look at the record and see what has not been happening it is well document by the city and photos to come to you with a face of the neighbor and representing the hard work neighbors that are needing help the city and the burden is upon us to pick up what you know is happening i want to talk about the public and private health concerns i have about safety concerns i have financial concerns that fall upon us and the duration of the problem so the residence for like i said getting worse over 14 years and talking to others it is well documented there are vera minute

living in the houses and raccoons and mice no running water e.r. heat the roof is leaking and mold the adjoining neighbors i fear this can kill people there is somethings airborne born by mice i fear for raccoon round worms and feces and raccoons run across the roof and dennis herrera cat and it is airborne can a cause bleeding and comma it is a serious health hazard major problems that the structures and they'll not let us my own mother live in conditions like that so i come asking for help if there is going to be appeals for help we need a timeframe and deadlines if those are not met we need an

injuncture active relief and safety and crime we live next to a staircase as you've heard the vera minute is up and violate crime a mugging on the esmeralda and because of the delipidated decreasing over the streets and drinking at night and police come to patrol garbage next to ms. harris houses people are there amend all the time i've made once a month logging into 311 please pick up fill in the blank garbage. >> thank you very much for coming we understand.

>> is there any additional public comment? >> morning. >> good morning. >> i'm christopher's i'm also a neighbor we have the house others 190 we share a common wall with ms. harris we've lived the house since 2004 at - the house is more or less in delipidated condition when we moved in as well that is deteriorated i know that ms. harris it is not getting better by leaps and bound worse the rodent problem is they literally chewed through her wall into our house there is a hole it is patched now but the rats come raccoons are - where all the

raccoons deprecate in the same place with worms and whatnot that was in the the area between the two properties we spent thousands of dollars and countless hours clean power the rats and the health hazard and the disadvantage i have too young children boys that one whom was alergies i can't imagine the conditions i know since 2002 at least the city and

multiple agrees have been convening task force and offering help and coming to meetings every time i've heard the same thing she wants to change but refuses help but when offered she turns it down she's turned it down from a nonprofit back in 200 or 4 i personally offered even a couple of months ago to help she said the only way if i were to roach the rats and release them humanely you know there's a concern for her books her records if you look at the photos open her approach their stacks of old phone directories and magazines the garage it is floor to ceiling garbage a window on her

property that faces our backyard i saw literally a rat crawl through the ceiling as the ceiling collapsed and fall through the ceiling and scramble out you can smell and feel it we feel it everyday it is killing us slowly by slowly that's what's happening on our property i know i have letter from half a dozen neighbors if i could submit them. >> thank you. >> anything else for public comment. >> okay >> may i say more. >> if you want to come up you can have public comment. >> no public comment. >> your chair your chair.

>> many animals possums i have the backyard and raccoons can barely see out and by rats and mice and birds i have a palm tree the backyard that is attractive to all those animals. >> thank you, ms. harris. >> commissioners yes commissioner walker. >> again, i want to thank all party for coming it is also hard to hear and it is challenging for us to deal with those situations by it feels to me like we have allowed this to linger too long and that it is actually detrimental to

all parties i'll ask the commissioner to consider drawing a line around the timeframe and assist as much as we can within our department and other departments to facilitate helping to resolve the issues to a there is a motion on the table i'm open to i'd like to hear at commissioners but it feels like we need to do something. >> commissioner mccarthy i concur with commissioner walker it seems to me we're getting more and more of these cases of seems to be obviously take many years to build i think everybody is drying to do the right thing and ms. harris is an extremely

charming san francisco lady you know i mean a difficult point she will accept the help and should be put on our i call our street smarts and figure out getting everyone at table nonprofit and people that can join forces and see if we can help this lady and obviously help the neighbors it is a compelling case to live in their homes and this is impacting them but commissioner walker and i were there yesterday it is difficult a real problem for the department and commissioner walker had good ideas with the health department for the enforcement because a lot of these can be more just hoarding issues. >> but so with that rosemary i think that commissioner walkers

point let's talk about timeframe and meaningful deadlines to address this these types of cases are difficult for the department to resolve we can't get the cooperation of the occupant the last thing to see the person logging their housing she didn't have water that was one of the reasons we referred this case some years ago as the city attorney has been trying to work with her from the stand point that we'll get the person to commitment on the record they've willing to take assistance like i said we've helped people fill out the applications red light mayor's office of housing and community development and more than happy to do that we're concerned with the fact she's living in a situation not good for her ap s tried to help her she's not taken that on and

impacting the neighborhood i don't know encourage this to going on gone for a link period of time but i'm report back to you if it is a money issue i don't think t building is that encombumd but difficult those situations with many items continued to not get someone to avail for the services offered by the mayor's office of housing be more than happy to help her like i said we've tried that before it didn't come to a successful conclude. >> we've tried and the city attorney's office has tried. >> commissioner walker. >> so what i'm sort of leon leaning to draw the line by upholding the order of abatement

and with the timeframe and schedule that is serious and i hope your landis ms. harris are you linking okay. >> so there are plenty of opportunities for assistance you need to accept when it comes before us he i mean, i'm only speaking for myself i feel we need to draw a line we're serious and we're going to uphold this order of abatement that's my motion we offer to held in abeyance for 4 months, 6 months and come up with a timeframe that the commission is comfortable with to avail yourselves of the opportunity to follow up on funding and engage other organizations it can help you but to not draw a line at that point just about allow this to continue on we've tried to easy

our way into that it didn't work very well, that's my motion the timeframe again. >> anyone else yes. >> i agree i'll second that i like coming up with an update i like keeping tabs on things. >> with the timeframe i mean the motion so uphold the order of abatement and hold no abeyance for 6 months and have the staff come back with a workable timeframe with the property owner and get moving on those issues. >> i agree with the motion i think a good approach and i also agree we've seen more of these cases i actually don't think that is an accident there used

to be a nonprofit organization that specifically helped seniors with rehab with the housing development corporation we went out of business eight or ten years ago and the mayor's office of housing have their housing rehabilitation program rehabbed and owner you do understand for seniors the mayor's office of housing they're not taking mrlgz managers they underwrite the loan they know one agency that is doing the case management that is where people fall through the cracks. >> i'll get to that. >> part of problem is that who is responsibly for that utilized is that our collective responsibility as the city you know to try to help you know aging homeowners so they can live with dignity a task force that was created

mostly they were focusing on renter the aging in place but you know we have all of our san francisco as we've seen be aging folks and homeowners opted out buildings and that are the financials are on them and deeper depression for the neighborhood i'll ask that you know we look into the sort of systemic issues to create a acholic beverage approach and include the mayor's office of housing adult protective services it sounds like folks are doing things on their own and not collaborating and push for the things that work the past that have been defund for whatever reason to check they've made a huge difference in our workload and the lives of folks to commissioner walker.

>> to that point at our meeting we had that commissioner mccarthy mentioned the health department is engaged around those issues with us i'll suggest as we did yesterday we formalize that partnership and process for bringing them in as case management they're willing to do that for the funding so there's. >> we do provide some funding to nonprofit agencies to deal with issues around renter and i'm wondering if it wouldn't be appropriate to think about funding someone like senior exact action or specifically for seniors for that so the miss communication like this with adult protective services can be worked out in a dignified manner

pare the commissioner melgar. >> they have a robust service the problem is engaging the person person and keeping it to a point we'll get their cooperation we need the case management and the field presence to be able to do that i think that is where there is a miss connect between what is offered by the health department and the department of aging we've been creative with the department of building inspection trying to fwaej the services but you ready need to address the senior they feel comfortable and that's feel the came back rather than having them come in and really good programs to be funded that's unfortunate we will be more than helping happy to address this again. >> commissioner gilman. >> i wanted to add we should

separate this case there is a task force with the mayor's office of housing programs for fyi and hoarding and cluster conditions with all due respect a mental health problem there is different organizations maybe asking we could convene a task force or group between the mayor's office of housing and the adult protective services i'll argue that the healthy is a non-trainer for nonprofit folks give us recommendations on how to deal with that the mayor's office of housing will not deal with the clustering but fyi the windows and roof and different things on the issues. >> yes. we're familiar with that we've actually been is seen the hoarding conference we're aware of the pilot program with

the department of afghanistan on clustering and part of that we need the 0 cooperation of the individual and that's what we're dealing with the mental health that is a volunteer situation a conserveship is a high standard we're not there for senior citizens from that stand point we'll be revisit this issue and bring to bear every resource we can. >> yes. >> as a followup i think commissioner mccarthy at the meeting we started having a more formalized relationship with the department of public health is a great opportunity to follow up on that meeting because she also mentioned the mental health association or the

society management society of medical examiner or whatever the acronym bringing them in to help to facilitate that exact issue that is a really great opportunity and i want to you hope we can come together to support that i know is effects the housing division probable all the inspectors have - i'd like to formalize that. >> commissioner walker. >> i'd like to make that a case study we're seeing a lot more of these i'm willing to sit down with the people and get everyone at the table and have a discussion; right? and use it as a case study how we deal with those and who actually has the abilities and trying to figure out and often the private sector i'd like to do that maybe next

week rosemary and have direction and is it thirty days did we agree. >> the motion was to hold it in abeyance for 6 months as an in the. >> commissioner clinch said something about thirty days. >> to report back. >> with a schedule and a commitment from the property owner what is available and have goalposts and they need to be met over and over the abatement will be attached. >> we'll sorry commissioner and i want to restate the motion so we're clear. >> i have a motion by commissioner walker and a second by commissioner clinch to uphold the order of abatement and hold it in abatement for 6 months with an update and timeframe.

>> through the chair can that but with did property owner is cooperating with the services. >> needs to be with that correct. >> yeah. we'll have forgive madam secretary or madam chair would the clear road map be for here's our positive to be done and the roadblocks i really want to have 2 if that we'll have some sort of policy in place going forward for those situations because we're going to get more and more of them and for the families that are effected the immediate neighborhood to have an updated information on what ear doing. >> all right. >> i want to clarify that is not part of motion. >> no. >> no. >> separated but he understand what it is. >> yeah. >> to summarize i'll be reaching to the health department to the department of

aging to the mental health association, ac f and the city attorney's office and mayor's office of housing bringing all those considerate parts together to see what we can do and give you recommendations for the other cases like this we tried the past to formalize this in a resource rich situation and case management. >> for input into that. >> yeah. sorry i was going to add a couple of key organizations on the planning for elderly and the senior disabilities action. >> i'm familiar with jessica. >> commissioner walker. >> so attached to the motion on that particular project the motion is uphold the order of abatement, hold 40 in abeyance for 6 months with a report with

a firm schedule that includes the cooperation of the property owner. >> the property owner. >> the property owner. >> if i might i don't want to rain on the parade the code says when there recent a life safety hazard your uphold on order of abatement with safety issues the work and you - the work needs to consensus in thirty days and be completed in 90 days that is the extension. >> so let me ask you this. as i amend it what are the life safety issues can you staff tell me. >> yes. >> thank you we have life safety issues has to do with with the 2015 notice before you and previous with the heat and lack of water and egress of structure some are within the notice before you and

some have order of abatement and this was one of the reasons that precipitated this to the city attorney's office two years ago. >> i guess my motion low will be amended within thirty days the issues that are life safety issues have to take a permit out to resolve the issue within thirty days i mean if we could speculate the issues that are life safety and act on those it is the heat is there still no heat and water may i ask ask. >> rose mary can you answer that. >> are inspector. >> one moment let's see. >> staff. >> as of our last inspectors inspection no heat and the water service is not recontentions at that location.

>> what was that last inspection. >> august of 2015 which we had an inspection warrant. >> may ask the property owner through the chair. >> can you update us about the - >> it is not going to be - >> there's not going to be any heat because i got mad at the arabs about the oil i'll not pay any pennies towards that since i do have any problem i don't see why it is a problem for you for the heat turned off but the water can't be turned back on actually plumbing is raider that's why that was turned off a huge leak coming in and christmas or something about the roof that's to your knowledge

i've put a new roof open the place and it has a whole awe way of solar panels and to my knowledge there is no outside no outside problem with the roof i don't know where that came from and never seen a raccoon in any house. >> commissioner walker. >> we're obligated under the law to provide utilities to make sure those get fixed immediately just water and electric. >> in the electric works fine with the electric panels. >> i would amend the order to resolve the life safety issues by taking out permits within thirty day's work to be done on

those issues within 90 days and the balance of the notice of violations to be present back to us at the next meeting and it is scheduled fashion so the issues of health safety needs to be resolved immediately did that work. >> i can maybe better if it was clear exactly which of the items and the notice of violations. >> maybe to life safety. >> rosemary. >> commissioner gilman. >> i was wondering city attorney one motion only life safety and one 0 on the balance i know this is my first abatement hearing i'm not familiar what we can and cannot do but he life safety needs to consensus within thirty days and one motion and another motion with the balance of the issues.

>> it could be either way your modifying the order of abatement to correct. >> you want to amend the motion. >> i'll put it altogether the life saved issues need to be swift within thirty days to be completed in 90 days those include. >> the life safety are the lack of heat and water and egress obstruction. >> so those 3 issues need to be commenced and completed within 90 days as the next meeting when he will get a schedule a firm schedule of resolving the notice of violations. >> does it need to be resected no we've seconded commissioner mccarthy. >> we haven't a chance and that's being done if thirty days

you know that commissioner walker. >> we're going to into the rules. >> to that point what if it is not done within thirty days if we're acknowledging that i mean, i'm. >> it begins between thirty days. >> and needs to be completed workplace 90 days begin work within thirty and complete within 90. >> even that is a tall order bans what i'm seeing i mean, if we're going to be moving this - i mean. >> commissioner clinch. >> let's continue this we ask an update in a month and continue it if not technically upholding the abatement to give for time a. >> there are health issues. >> commissioner gilman. >> i apologize i'm super new

but with the - i think on behalf of the neighbors we need to take some action i think the toobldz and clocks i agree with you commissioner mccarthy is a tall order and probably we were setting up to move forward it will put pressure on the other city departments especially to play and expedite this and make it a priority for the department of public health protective services but somebody you know - i know rosemary that conserveship or someone manages their affairs is a high bar but people with safety issues we need to expedite the assistance and help with the homeowners that in a way to continue it the department will sit on their hands for the next thirty days we're overwhelmed with cases like that and in 2018 we can

pass the budget and look at the programs in a way to find an initiative to help ♪ it matter is a larger and large issue >> dueling noted. >> well post. >> i don't think i'll restate that roll call vote. >> commissioner president melgar commissioner clinch commissioner gilman commissioner konstin commissioner lee commissioner mccarthy commissioner walker that motion carries unanimously thank you. >> i hate to inject but will someone help ms. harris right now. >> will you talk with her. >> yes. >> i think we're asking you to

explain the process to. >> what happens today. >> to ms. harris and what needs to happen. >> it means to her. >> okay. i can take her out and explain i'll give her my card. >> that's nice. >> item f one to f-2 shall be heard together f one request for a rehearing for norway we go we've originally heard in the 2016 at the january 20th, 2016, the aa b uphold the island to require the appellant to remove the subject order of abatement and action by appellant for a rehearing. >> okay

who we have from staff. >> i believe the appellant comes and states their information then if it is compelling enough to at the rehearing up to the board we go into the second portion of the rehearing. >> okay. thank you. >> good morning. >> my wife owns one of the unit i'm her attorney head of the hoa and the issue i think before the commission here the fact it the commission didn't seem to understand what an easement is an easement is a right not a - i think commissioner walker mentioned a couple of times in january to refer to the area as the easement area that's correct but the way that is dbi has

dealt with this and the way it was interpreted by the constraint is that the area is the easement it is not the easement an easement is a right similar to the right to free speech you can't pick up a book and say that's the right to freedom and can't pick up a a picture or speech the right to free speech we allow people to express themselves an easement is a right to go across a piece of land didn't make sense show me a map of a think easement show me a right to free speech in this instance it the right to cross someone's land to get to an after a right on your own land but someone else's land the right to cross someone

else's land within the area those 3 properties we have those 3 backyard and to get to various garages you cross other people's backyard to get to them and cross your own backyard to get into our own garage. >> you can't have an easement on your own piece of land therefore it is non-citizen california to refer to the whole area as an easement what you have is a right to cross on someone else's land to get to the avenue to decide whether an easement is interfered you look at the easement it says egress and ingress we've had discusses in november and january and one person 9 people testified said that they couldn't get to 45 after the cross is can you get

to 46 avenue has nothing to do with with the easement area what the person is sloped to do percent declaration for egress and ingress section two is what you're allowed to do as a easement holder that's what you're allowed to do on other people's land section 3 you're allowed to do how you're limited open your own land has to do with with the easement holder if i read section 3 it is clear it says you can't develop on your own land you can't engage it is unreasonably if it truant officers with the easement are the easement to get to 46 avenue so if you develop didn't interfere with that that's completely in compliance with the easement the easement law is such it if you have an easement if you have a piece of land with not easement and came up with

all the things you can do a thousand things and sold the easement what you then do you look at the list of things you can do and cross out the things you can't do because you sold the easement per the complainant from the last couple of the their saving the exact option you lose outlines rights that's not the way it works what happened in the situations that's when you sell our land you give up our rights the easement will be giving up the small environmental impact report amount to to the easement holder can do what they want to do that's pretty much what i have to say on the matter of easements in terms of sheds two sheds are put you up at diversities time

you put up the first shed and about 2 1/2 years ago at that that point we were selling that to hillary and want her to take her garbage out of the garage and put them into the shed we received a letter if laura one of the attorney involved her here. >> the letter so initiated us we decided to immediately precede at having hillary put up the second shed the first shed that we owned was given a notice of violation i went down to dbi i met with 2k07bd dewey i'm saying that is on the notice of violation he said he can't deal with that, i said have you studied easement

this is wrong. >> he said come back when thai boss is here he went back and it was i met with his boss was joe duffy and there was another gentleman at the meeting as well at that meeting they said what - we referred this to the city attorney and to give you the name the city attorney i phoned the city attorney about a week latter he said he hadn't received the file i said it was contained some legal stuff it contains a letter from an attorney and an easement attorney he said don't bother i got way too much to read i will not read it i heard nothing about, about two or three weeks i checked the online it said that has abated or changed it

from being a violation to the wrong address. >> okay you have 7 minutes. >> 25 seconds now. >> that is pretty much all i have to say and i'm open for questions if you have any. >> commissioner walker. >> i actually have a question to our attorney. >> this is a request for a rehearing a different party i understand i'm confused. >> typically only a party can bring a request for a rehearing the situation because the individual requesting the rehearing is claiming they've got lack of notice and this impacts their property and some dispute about the ownership of the shed he put up the proper party had given a notice of violation is correct owners. >> i think we asked as part part

of you are action at the last hearing asked the other shed opener be receive a notice of violation and go through the same process but didn't effect the first person it is not his shed the person that came before us; correct? >> the board didn't take a formal action to demand the department issue a notice of violation. >> we asked the department to do what they need to do to make it it consistent we did take an action on the first - >> commissioner mccarthy. >> just we went through this the condo and it is notifying them all the department has a policy you can't write one for everybody and write one and send

to a to the homeowners association correct me if i am wrong. >> i remember having that discussion and having directing the staff to. >> issue a notice to all. >> but wasn't it policy that the one vision would be kind of internally notified to all of the associations because you could have a hundred unit and can't write one for all but a notice of violation and director maybe help me out here. >> the bakery owners said the shed belonged to her therefore they dropped all the noithsdz and to one point everybody in that believe had a notice of violation. >> correct. >> ounce the bakery owner said

that is my shed they drop everything else. >> why would we entertain a rehearing ; right? >> i believe if i understand. >> we're talking to our attorney. >> go ahead. >> it is only about the rehearing the motion we're whether or not we want to consider any of the arguments about easement and stuff. >> just point out. >> no, no, no. >> let we're with our attorney thank you. >> do we really need to rehear or grant the motion for rehearing that is - >> my concern was that there was not evidence not first hearing to establish the ownership of the second shed and the order applies to both. >> i am don't know if you could come up please i want to

jog the commissioners memory once again correct me if i am wrong i don't know if so was commissioner clinch or myself or commissioner president melgar who owned the second shed someone said 31 they owned the second shed if i remember we said you understand what applies to shed one applies to shed 2 and they agreed. >> i remember that. >> we were talking about two sheds. >> you can't write one and ignore the exact same shed regardless of what was in it we're not talking about the garbage but a planning issue both sheds must go. >> we're saying that we thought that the shed was properly noticed. >> based on did notice issue to the - from the board didn't

find that the party who is requested the rehearing has brought up new evidence the stated standard for a rehearing is not met. >> the argument is easement the right to go through each easements. >> i agree a. >> we're not part of is it we're talking about because we wanted to discuss a new conversation about easement? >> again? >> again. >> are you asking me whether there is new evidence or legal error regard the easement issue and we got a schooling an easement here we went through that the whole you know i don't want to hash this but the fact that shed was not allowed with the homeowners association and planning regarded as a structure and had to be moved.

>> okay. >> so what is the basis of the rehearing and the rehearing requested a rehearing i didn't get notice i'm the owner of the sectional shed and he said the board was incorrect on the easement issue the board finds not evidence presented or justify a rehearing or possibly agree with the argument of the easement your erroneous and grant a rehearing. >> commissioner lee. >> commissioner mccarthy i'm the city attorney represented i think what we hashed out we thought the easement say we defined it the last time by erroneously defined this is not

something we have to hear but the appellant take up with someone else. >> the board can have a rehearing if new evidence was not considered the original hearing. >> we 2rer79d it inner credible. >> whether or not there is a legal error that's the basis to rehear it to determine i'm not sure the board cares the argument made by the requester case is essential identical who was presented. >> through the chair. >> yes. please. does the weigh in any way we represented the ownership of the shed were the room we have two owners of the shed does that have any basis.

>> it the shed is owned by multiply people. >> we were informed that the person gave testimony they owned the shed the last hearing i don't know who that person was now someone else saying they own the shed. >> as you recall the owner of the second shed was present and none stepped up. >> some of the neighbors claimed the second shed was on a different lot. >> i remember from the public came up and said the second he was could i about who owned the second unit but pressed he said it was another person that lived the building. >> the reason why we determined we're going to make the ruling on the both sheds the permit that the appellant applied for indicated they would

so forth both sheds it is kind of applies they own both shed. >> mr. duffy please. through the chair. >> yes. please. >> good morning commissioner, i want to make that comment there was a permit filed with dbi by the owner of the bakery to address both sheds so dbi at a point thought they were the owner now this gentleman that shows up today, we may very well own the shed but who owns the shed and cite this gentleman we did write the notice of violations for 3 condos i believe for the commercial and two other condos those are substantially closes by dbi by the way, not part of that meeting with the director duffy and senior inspector tom that has left the department i'm not

sure what happened at the time he know we wrote the s n nov for self block lots substantially pulled a cough back because of the wrong address but if we write anyone one and they'll come back and say a it's not my shed yesterday at a meeting the property at the city hall here with other city departments someone told me there were 3 condos that share this other shed so it is very, very difficult for us as the department to go and write to the notice of violation around this circle with regards to who owns what i remind i researched here a permit from someone taking overflow room of the sheds because they filed a permit to address the nov

so i'm available for any questions by the way. >> thank you. >> so if no one else want to weigh in i hear from the city attorney two possible areas to regrant the hearing on the notice issue and one of the new evidence this is presented. >> one on new evidence which is the - the new evidence that you may find was presented this individual came forward and said i and a couple of other people own the shed and the second basis the board finds that there has been sufficient aushlt with the legality of the acknowledged not the legality but the board wadz was wrong the initial.

>> i think that the issues that were presented by the appellant are not new we debated this the definition the easement was presented by several party and discussed for a very long time i'll not be open to a rehearing. >> i'll second open up for public comment. >> sure there is a motion and a second to not grant the request for rehearing is there p.m. on the motion. >> okay. seeing none if i could do a roll call vote. >> mr. duffy you want to say something. >> the motion to not grant the rehearing.

>> commissioner president melgar. >> mr. duffy. >> i should add as well, there is discussion going on with other city agencies how to resolve this at the building we had a good discussion at city hall with planning and the hauth and dbi we'll look forward to a resolution with city agencies and may not make everybody happy the building but options for taking care of the garbage simply remove the sheds it takes care of the nov thank you. >> okay back to the roll call vote commissioner clinch commissioner gilman commissioner konstin commissioner lee commissioner mccarthy commissioner walker okay. the that item passes unanimously

item again general public comment any general public comment for items phenomenon the the abatement appeals board agenda seeing none adjournment. >> own the one coming. >> my name is kirk i own the property at norway we go i have a request regarding enforcement a hearing a couple months ago the shed should be removed. >> i.e., i don't think we can. >> this is on public comment. >> maybe talk offline maybe grab mr. duffy and see what the timetable is. >> okay. thank you. >> item h adjournment is there

a motion to >> there is a motion and a second. >> all in favor, say i. >> i. >> we're now adjourned it is 10:25 a.m. we'll take approximately a 10 minute recess and reconvene as the building inspection .

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great things of san francisco it is neighborhood neighborhood have dentist corrosive are coffeehouses but 2, 3, 4 coffeehouses in month neighborhoods that are on their own- that's good morning today is thursday, february 4, 2016, this is the regular meeting of department of building inspection commission i'd like to remind everyone to please turn off all electronics and the first agenda is roll call commissioner president mccarthy commissioner melgar commissioner konstin commissioner clinch commissioner lee