the early and new now after the figures were just updated a couple weeks ago. so we are in the process right now of updating our outreach materials based on the newly adopted figures and we will be issuing letters to pred.d.a. households in early april and we will have an informational table set up at the april on island board meeting, and tentatively planning to have a drop in session later in april where people can come in and ask questions as well on a saturday, and then the option would be available to households beginning may 1st and ending february of next year. if we've made an election at the end of february based on continued interest to extend the

window further, we went update the outreach materials and reissue them to residents, so that is our timing update, but i will take any questions that you have. >> commissioner dunlop? >> thank you, very much, madam chair. i wasn't here last weekend, so my apologies. was there a discussion last week regarding the meeting that was on the island a week before? because this kind of feeds right into that and some of the concerns of the people on the island. >> yeah, there was some discussion and supervisor haney attended last week chop chop meeting and wait in with his thoughts. i will be meeting with him to

brief him further on the transitional housing programs that are parts of the d.d.a. for both what one treasure island households and households of the villages. we'll be going over that this week. >> and moneywise, we haven't, it was promised, it's available -- >> if people choose to take the in lieu payment, then those funds are available in our budget, and their replacement housing as part of the projects that we are working on with mercy and catholic charities, in particular will be our first opportunity for replacement housing. also, at the april board meeting , naturally mentioned earlier that we will have updates on both the shares and catholic charities buildings, but also a presentation on the first market right mac building

that will be constructed. which will be the first -- which will include inclusionary affordable units that will be for sale so there will also be future information on the pre marketing opportunities and when that window will be for pre d.d.a. households for people to purchase either a market right or affordable units within the development. >> and the affordable, that is 5% of the units on why b.i.a.? >> yes. it is 5% of the figure overall. in this particular building, we'll include all of the affordable units, so this building will be more than 10% affordable. >> i see.

there was a lot of concern from people who do fit into the market right mac currently bubble fit into market right down the road just because prices have gone so high. has that been discussed, will that be discussed, there's a lot of people who are very concerned on the island. >> for the pred.d.a. households that are offered replacement housing, their rent will be tied to their current rent, so they will not see a big change in their rent for their households. >> and purchasing a certain amount of people might have been able to afford it five years ago , we really have no idea right now is that kind of true.

>> and we don't have control over the market cycle. >> we just don't have any figures from t.i. c.d. on the purchase pricing. >> maybe we can talk later about last week's meeting. i'm so sorry i missed it. >> i have some questions. from the last meeting, and i know commissioner dunlop, yes, you were absent, staff provided the outreach and it was quite impressive. we had indicated all along that it is very important and you are doing a great job out there and you need to demonstrate that because sometimes, especially when we have a new supervisor and nailed this matter now, is nearing conclusion, which started this outreach years ago and listed a consultant to help us, and every meeting we have

had a tighter regular meeting and also in the infrastructure transportation, we will be asking for updates on this. that was very informative, and i'm sure that the supervisor has one. in fact, i would think that knowledge should also be available to tenants. sometimes you can have 200 households, all it takes is one or three people. they will show up and say no, they didn't hear anything. we know it is unfair, but at least you can produce and say, this is what we have. we have all these opportunities, and we are still engaging with them. so that's going to be very important. secondly, a lot of misconception that's why when we engage the public, give the history for treasure islands. no one on treasure island has been evicted. in fact, the truth and mercy

generosity of san francisco, they set aside some of the tenants, they called them pre-d.d.a., about 200 of them, and given them generously with the benefits that we are talking about here. nobody should be entitled for anything but the city of san francisco is very important. when we go out there and we talk and we talk about a supervisor and we keep keep them up-to-date because they do not know, because the residents are doing this, and we do not explain it, even to the press and everyone. what happened is we keep passing misinformation down the line, that is not what is happening here. other things that i need to do here is that -- we need to define what we mean by caregivers, and we see all the documents and we know it is very

important when we communicate that people know the composition and the household. san francisco has a policy that is set aside and we are bound by as a sitting agency for public housing tenants. there is a lot of policy in there. we need to define that because we are still bound by that. although, these issues that i have, are we making available to the pre-d.d.a. households about housing opportunities in san francisco? they're also san francisco residents. as you see now, they have their names and everything should be in there. why? to develop. again, we have all the restrictions. if i'm looking for it, and san francisco is developing everywhere, they should also be aware of that because there

maybe a percentage that are not going to be waiting for many years more before we complete the funding and get things done. i want to make sure it is great to be treasure island and housing is in there so we let them build. there's all this opportunity in san francisco, don't put your eggs in one basket. i think we can own that. at the end of the day, they have all of these options and to utilize, to stay on the island or move out of the island based on their needs. again, i wanted to put that out there. so basically that is what we are doing here. so make available the outreach so that everybody has access to that. i think it will be very helpful for all of us here. the staff did a great job in

updating that log, and we need to continue to update that. i noticed that the outreach was to june, it precludes all of these other discussions somewhere. today we talked about that, we talked about that last week for the city. there should be another log attached to that so people can see the breadth and scope of how much time we have devoted to this particular issue than any other issue. believe me, it will happen at some points. down the line and a few months, you will read about it, and even the media are inquiring about this particular process. we better be getting all of the information to them so they understand before any misinformation is published. we will say it right here. no other comment from the commissioners, let me ask the public. do you have any other further

comments on this matter? next item on the agenda, please. >> item number 8 is discussion of future agenda items by directors. >> okay. , a couple of things. commissioners, please jump in this laundry list. we need to have a presentation on the m.t.c., an update on the bicycle bridge that is westbound that it talked about. it would be great to bring them back to the questions. i think it maybe time for an update. t.i. m.m.a., i think they need to come back. and we have a new supervisor now , and we need to re-energize the discussion all along because 2021 is the first housing on the

island and we still have no results. timma issues a lot of information out there, and it maybe possible if we educate the supervisor that they should be going to the legislature. t.i. d.a. is only do compliance here, this matter was mandated by the state, again, based on the reality for treasure island, not being accessible from the bridge, and that we are going to have to buy a fairy. and the city and county of san francisco would not buy that unless there was a toll, and unless they wanted to revert back to cancel the toll and purchase a fairy. i think let's talk about that right now and we need to jump on this discussion. and issues regarding water transportation in general, i think for 2019, tida would like

to be involved in the overall discussion so we might be ringing this back for further discussions. anything as you would like to put on the agenda for consideration? okay. >> two quick things. to matt and the pole -- timma and the pole got a lot of things excited. perhaps that can be a citywide cause because it is a citywide benefits. just looking towards the future, secondly, the issue about the testing, and so if we could have some information as soon as it's available, we don't know about treasure island, but certainly there has been some conversation

about the company over hunters point. we do have some information, and certainly not before. >> thank you so much. thank you for joining us for your time. thank you to all of our guests and the staff today. this concludes the, is that correct, meeting. see you next time. thank you. [♪]

>> good morning. today is wednesday, march 20, 2019. this is the regular meeting of the abatement appeals board. i would like to remind everyone to please turnoff all electronic devices. the first item on the agenda is roll call. [ro [roll cal [roll call] >> clerk: we have a quorum. the next item is item b, the oath. will all parties giving testimony today please stand and raise your right hand.

do you answer that the testimony you are about to give will be the best to your knowledge? okay. i just want to announce for the record that case 2359 has submitted a request for continuance and that request has been granted so that case won't be heard today. are there any members of the public wanting to comment on that item? okay. our next item is item c, election of officers. president and vice president. discussion and possible action to elect president and vice president of the abatement appeals board? >> commissioner walker? >> i nominate commissioner warshell.

>> second. >> okay. there is a motion and a second to nominate commissioners warshell and lee again. are all commissioners in favor -- or i'm sorry. is there public comment on this item? okay. seeing none, are all the commissioners in favor? any opposed. okay. thank you. then congratulations. you guys are reelected as officers. >> okay. thank you very much. >> okay. our next item is d, possible adoption of the minutes for the meeting held on february 19, 2019. >> okay. are there any corrections to the minutes? okay. seeing none, is there any public comment correction? okay. seeing none, move to approve? >> is there a motion? >> i move to approve. >> second. >> there is a motion and a second. all commissioners in favor?

any opposed? the minutes are approved. our next item is e, new appeals, order of abatement. [agenda item read]. >> also for the record, the department will present its case and the appellant has seven minutes to present its case. the public comment, has three minutes, and rebuttal has three minutes. >> the case was withdrawn by the appellant's representative. >> oh, okay. >> okay. >> very good.

>> it appears we will be hearing one case today. just a moment. are there any members of the public to speak on that case for 344 bowdoin? >> good morning. i'm shoshana raphael representing -- i'm not sure what pat buskovich did in terms of withdrawing the appeal, but we're here to go forward with it. >> okay. we'll have our d.b.i. staff present first, and then, we'll have you come forward. >> okay. point of clarification to the city attorney. once it's removed, do we still hear the case? >> brad russey from the city attorney's office. it sounds like there's a dispute as to whether the case was withdrawn. the secretary is saying if it

wasn't actually withdrawn in writing, then i think we can actually hear the case. >> the other party isn't present? >> can you speak into the microphone, please. >> when i originally went to file this appeal, i wasn't expecting -- even though it was within the deadline, mr. buskovich was there, as well, and he didn't get it filed the next day and dated correctly, so i believe we have two other file and that may be the source of the confusion here. >> speak into the microphone. >> that might be the source of the confusion here. you might see in the packet that our peals should be accepted. we're within the deadline, so i think that could be the issue. >> okay. perhaps we can get clarification. we have an issue to find her in this filing, and i'm trying to

just understand -- >> i think secretary sweeney said we can go ahead and go forward because one party requested that it be withdrawn, but it wasn't in writing. >> this is the same party. >> they're working together. >> they're working together. >> correct. >> okay. fine. then we'll proceed. >> for clarification, you mean, there was two appellants? >> one appellant. >> one appellant, and we had an attorney -- a representative positi for the appellant. the representative rescinded, but the attorney did not. is that what i'm understanding? [inaudible] >> okay. >> all right. >> is the appellant here? >> i'm the attorney -- >> you're shoshana? >> yes. >> okay. let's proceed. did you finish your presentation? >> we'll have the staff go first. >> okay. >> that's fine.

>> good morning. the notice of violation for this case was written 2016. we have a leak on the property. you got a packet that's got 65 pages in it. rather than take up all your time going through all these 65 pages about this leak, we'll just say the owner had plenty of opportunities to fix this problem. they seem a little disorganized. not sure exactly what the reason for the appeal was. we did everything we were supposed to do exactly the way we were supposed to do it, so i'm just going to go ahead and let them explain why they're appealing. >> okay. >> good morning. so i'm shoshana raphael with zacks, freedman, and larry,

limited partnership. they need just a little more time to continue the repairs. we ask that you allow the abatement to continue 30 days to get the repaired completed. when the tenant complains that it leaks, the owners try to fix it, but leaks are notoriously difficult to diagnose and remedy. while this was reported in 2016, a lot of action has been under taken by the owners. they haven't just been sitting on their hands. they received a notice in december 2014. in february 2015, they had a licensed professional working on this. in december 2015, further repairs are done the same month. then in january 2016, they had a complaint. they had some issues getting

access to the property, but ultimately, they did in march 2016. their contractors continued to tlie and make repairs and did make repairs through 2017 and into 2018. each time, it appeared the situation had been resolved until the following rainy season. all of the complaints have come in midwinter, in the midst of rainy season, and despite substantial efforts including rebuilding the front staircase of this house at a cost of over $100,000, these leaks seem to resurface. now we're at the end of a long rainy season, and they believe they've discovered the ultimate cause of this leak and are currently undergoing repairs to remedy that situation. we anticipate that the repairs will be completed within the next ten days, weather permitting. so i'd now like to discuss that -- in order to discuss that a little further, i'd like to introduce lewis bueller, who

who's been working on this off and on since 2015 and some of the repairs we've made and why they haven't been completed today. >> good morning. lewis bueller, bueller construction company. we've been working on the project here off and on for several years. it's an old house as we've just talked about. it's been multiple leak positio positions throughout the house, stucco and woodsiding. this has been an ongoing issue that we've been addressing as the issues have been coming up, and trying our best to mediate and work with the tenant and the department of building inspection to make sure that we get this solidified. >> okay. thank you. >> so just lastly, i wanted to

point out that the appellant didn't appear at the director's hearing on this issue and that's because they didn't receive notice. they've been active participants in this process. they've been in touch with d.b.i. as you can see from the packet there, they've been in contact with their contractors, they've been in contact through -- all of the licensed contractors that they've hired have been in touch, but they happened to move in right at the time that the notice was served and didn't receive any notice. nor did the tenant alert them to any posting of the notice to the director's hearing, i suspect in part because of issues between the landlord and tenant in this case pertaining to this work and construction and access and so on. had they been there, they would have asked for another 30 days to complete this work and we wouldn't be here. so i would just, again, ask 30 days, and we won't be back here. >> okay. thank you very much.

>> and i'm available for any questions should you have any. >> okay. any questions or -- public comment? >> is there public comment? >> hello. good morning. thank you to the commission for allowing me to speak. my name is dr. eric cabral. i've been the tenant since june 2013 where i started paying $3,495 on rent every time. i've been fully compliant. there have been months and months of construction over the last five years. i've been completely compliant of any construction company. i've listed several complaints by e-mail to the management company as well as to the owner. they've delayed. it's been five years now. i have an e-mail dated 2014. i have several photos that show

that and videos that show that the leaking and intrusions are actually worse than when i first moved in. i have those on an ipad today. i've always been compliant, always paid rent. i've been fully compliant, my father's a contractor, and with all due respect, i had to hire a separate building contractor that has 42 photos and a report, showing that the work has been shoddy, neglectful, several areas of repair over the last five years. in the meantime, my rent has been raised from 3,495 to $3,775 all the time that this has been going on. i feel like this is my only recourse to make the owner and the construction company finally fulfill several promises by e-mail that this would fix the leak, and with all due respect to all parties involved, i would like to

request that this appeal be denied because as you know, it's still raining, it's still leaking, and i don't see this being resolved any time soon, so i would like to ask this appeal be denied. i know i only have three minutes, but i have videos and photos that show the situation from 2014 to now is actually worse. i have them on ipad here. >> the file was very, very kpleex, so i think unless anyone else needs to see them, i think we're fine. >> i think i may have a minute left or 30 seconds. >> you have 30 second. go ahead. >> okay. could you give that to us? >> the report?

sure. >> yeah, to mr. sweeney. >> i have a second copy i can read from. i think i have 15 seconds left. >> unit shows signs of decay, neglect, last of preventative maintenance for a prolonged period of time, remodelling and repair unprofessional without proper permits. >> go ahead. >> conditions are long-standing. >> okay. thank you. >> you'll have a chance for rebuttal in just a moment. >> you'll have a chance to comment. >> any further comment? >> thank you, commissioners. so the n.o.v. was issued in 2016. the president of the united states was barack obama, so

we've been very patient. we've given them opportunity after opportunity for the work to be completed. we tried to mediate, as well, every step of the way, but we are requesting that the board deny the appeal and uphold the order of abatement with all fees incurred and without abeyance. thank you. >> question. >> question. >> on page two of the report, the very last bullet item says that the appeal -- it says was filed february 27, 2015. is that correct or is that a typo? last bullet item. >> it is a >> 19. >> 19. >> okay. >> thanks. >> any other questions? okay. thank you. >> thank you. >> appellant's rebuttal. >> i can't say i've seen the

report that mr. cabral -- i'm sorry, dr. cabral, but i suspect this is an ongoing issue between the landlords and dr. cabral and a finite ongoing situation here. i would suggest this is a financial interest that he has in having this order of abatement recorded in addition to impeding the repairs one way or another. they've been -- there's been discussions about the appropriate level of rent concessions and lawsuits threatened and so on over the course of this -- these repairs and this dispute, so i suspect that that's part of why this report was generated, but as i said, i have not seen it. it hasn't been given to his landlords to review, so i won't say anything as to those points, but i would also add that on more than were you not

occasion, efforts have been under taken to remedy these leaks. i want to be clear, it's not one leak that's reoccurred. this is an old house, and various leaks have occurred over time. these owners are doing their best to remedy these leaks are aware of that, considering these are not tenants of the property and they do their best to remedy them once dr. cabral or the property manager alerts them there is a problem. they are doing their best it remedy the situation as soon as they can using licensed professionals to get the work done over the last at this .5 years. thank you very much. >> thank you. >> the commission should give the representative for the landlord the opportunity to review that report and make any

comments if you are going to consider it in connection with this case. >> okay. would you like to have a quick look at this? i mean it's rather difficult to do that. i rather feel the back up file was enough for me to make a decision if we choose to go with the information that was submitted in the file and provided to all parties. >> well, the commission accepted the report and some of you looked at it, so she should have an opportunity to look at it and respond to anything that's in there if she wants to. >> well, i will say it's a precedence report and it's 30 pages long, so it's a quick look if i'm to respond to it. i can't say it speaks to much

of the detail in the report, having just been handed it. >> okay. is it a practical solution that we go to the -- hold this in abeyance, go to the second case, allow the attorney to review it and return to this after she's had an opportunity to at least review it in a more timely -- >> well, i can say this about report. i don't think there's a dispute that there's an active leak right there right now, but neither did they dispute that there's ongoing repairs to remedy the situation. so if this report -- it looks like by the date of the report it may not be with regards to this particular leak and this particular incident, but even if it were so, i wouldn't doubt it's not going to show there's leaks. it's not going to show what actions were taken to remedy

the situation nor how long they would take. we'll have to do some water testing to determine whether that's the correct remedy and whether another leak will show up. >> i would just say that if you should ask the representative for the landlord whether they have any objection to the commission moving forward with the decision at this time. >> okay. we are asking you if you have any problem with our moving forward. >> no objection. >> thank you. >> thank you. >> council, mr. bueller to have another moment of my remaining time to comment. >> sure. >> one thing that everybody i'm sure is aware of is we are talking about a leak in a garage space. we're not talking about a leak in a bedroom or a bathroom or a kitchen or an inhabitable sleeping area. it's a garage space. so in no way shape or form am i

trying to discredit the leak. it's there, and we are working on it. but the leak where it is, as of now, is in a storm area where tenant has miscellaneous things stored. and just wanted to point that out. >> all right. thank you. >> the commissioners have any discussion? >> yes, any comments? >> i'll -- i'll -- mr. president, i'll just -- you know, when we have these situations, look, as a property owner, leaks in the last couple of years have been huge, and a lot of these buildings that would have never leaked -- and even talking to my contractor associates, they're having buildings leak now that have never leaked before.

it's an ongoing problem, and i think it has a lot to do with the weather combined with the winds. i do feel for this property owner getting to the leak. i've got one leak going on three years. i'm back to the leak every time it stops raining. it's the worst problem sometimes and it can go on and go on and go on, and it's very difficult. i have tenants upset with me that it keeps going on, but all i can do is keep showing up and get the fix for the leak started. what they're asking here, i don't find it difficult. i think giving them another 30 days and coming back here -- and if it's done by then -- and i'm not encouraged that you're going to find the start of the leak. i am encouraged by the -- that

it's not in the kitchen or the bedroom or the bathroom. in the spirit of it -- and i also like the fact that both parties are here and the ownership is here to say that we want to do the right thing, and i think you need to be respectful of that. so i'm probably alone in this, but i'm more inclined to ask for -- let the continuance for 30 days and see if we can get to the bottom of this leak. obviously, you're at a real cross roads with the leak. you're trying to get to the bottom of this. i think the landlord is here, saying he's doing his best. that's my take, and i'm more than happy to hear what other commissioners think. >> commissioner walker? >> i also sort of understand the challenges of leaky buildings in this weather

that's been accelerated examan magnified. there's a lot of wind coming from different directions. i understand it's difficult to locate a leak in this process, and that seems to be sort of what's going on. i just want to remind folks that this has been going on for many years, and even though maybe now it's positioned over the storage area, it's been throughout the building, so what i -- what i -- i'm interested in and encouraging this getting fixed. it seems like there's some tension around this on both sides of the argument or the issue, so i think that i would tend to uphold this order any way, even if there is a fix in the works because it he been

courag -- encourages you to understand there is a serious issue. this needs to be fixed to make the building habitable. the concern i always have in these cases is this is being used as a leverage to get a new tenant, and even if that's not apparent, it's -- it's something that i look at and happens in this city. this is a serious issue, it needs to fixed. in the issue of supporting a solution, i would support a continuance for 30 days, but this needs to get fixed. >> okay. and what are the extents of the financial implications of this upholding it or not? i mean, are there any implications? if we -- yeah, if we uphold, do fees and fines go into effect?

>> i don't know what the assessment of cost is for the department. [inaudible] >> one quick question. >> how much is the charge? >> i see. >> $3500. >> okay. all right. any other questions? comments? okay. do we have a motion? >> i make a motion to continue it for another 30 days, not uphold. we're going to defer the upholdment on 30 days. >> yeah. if we were to uphold it, i would do it without anymore

time. >> it's fixed and set aside until the tenant is happy. i see you nodding your head no. >> we're just going to continue it -- >> so you're continuing this case until april 17, the next meeting of the board. >> okay. just continuing it. >> as requested by the -- >> and you expect by the -- at the next meeting, the appellant will come forward with an update on the progress of the repairs. and would you like an inspection? >> in the interest of the tenant, i think that's important. >> okay. >> there's a motion to continue the case for -- until april 17, and was there a second? >> i'll second. >> thank you. >> okay. do a roll call vote on the motion.

[roll call] >> motion carries unanimously. our next item is case number 6858, 5122 third street. owner of record juty wu, action requested by appellant, needs more time. would the department like to come forward regarding this case? >> good morning. my name's mauricio hernandez.

[inaudible] >> -- in 2011, under a previous owner. the new owner obtained a permit to correct the fire damage, but the permit was expired with no inspections. therefore, d.b.i. issued a notice of violation to obtain a new permit to complete the repairs. the owner failed to comply with the notice of violation and he went to a director's hearing in april 2016. the case was actually -- it was referred back. it seems the owner was working with did the with d.b.i., with the new permit, but unfortunately, the owner failed to comply and get any updates whatever, so it was

referred to code enforcement and a new hearing was setup in february 2018. the owner has failed to comply with that order, and an order of abatement was issued. i do want to point out that we have multiple allegations against the property for fail to comply with vacant buildings, also, not maintaining the property and not correcting the fire damage, and yet, all the permits are either expired -- i do know that the owner obtained a permit to demolish the building, but it's still not issued, so yeah, the permit is not issued yet. they still have to take it up and pay. so the violation's still there,

and the code enforcement still gets every two weeks, we get complaints. why does the building have plywood on the front, and yet, the owner hasn't complied with any orders of abatement that we have. >> okay. on the order to demolish, you mentioned that was not issued yet. >> yeah, it was approved. >> they could have picked it up last year. they could have picked it up last year. they have not picked it up. they have a permit for demolition, and they have a permit to replace the building. >> they have a permit now? >> it's approved. they don't have it on their hand. >> that's interesting. >> approved on march 8, 2018. >> thank you, mr. sweeney. okay. any other questions?

thank you. >> the appellant like to come forward? >> okay. good morning. >> my name is trent zu. i'm the homeowner. >> property owner. >> property owners. >> we brought the property at the end of 2012. it's already fire damaged, so we filed permit to repair kitchen, to remodel kitchen and bathroom and repair fire damage in the apartment, and -- and then, later, we realized, it's -- it's -- it's too difficult to repair this, and the plan change, so we -- over the years, we -- we hired the architect to -- to design the

project to make a -- to build a seven-unit condominium building, about 8,000 square feet. we never had a project that magnitude. it required a lot of financial end and that experience. we're trying to -- it just expire that we no longer intend to finish that permit, that remodelling kitchen -- those permit. so for the abatement that caused by that, we trying to be a good neighbor, so we try to maintain the property, clean. i have pictured back in 2014, '15. also, this month, it shows very clean, very clean.

occasionally, we have some graffiti. once we find that, we paint it over or we'll clean it. and so far, there's no breaking locks. and this project, we have been having two difficulties, financially and emotionally. they drain a lot of energy and finance in different area, so we -- so we put it in the back burner. now -- but we always complying with the. we filed -- we registered -- the most recent one is january of this year. i paid it -- i have the receipt

showing that. and we got approval for the demolition and -- and the building, and we're trying to get the -- trying to get the money enough to build. and we -- this month, we're getting some quotes for the building, the demolition. we're waiting for one more quote. hopefully, we can start doing that demolition part. for the building part, i don't know, financially, it require a lot, so at least we can demolish it first. that's all go in the next few months.

we just need more time. >> any questions? >> when do you plan to demo it? >> i got a quote for this month -- two quote earlier this month, and the other one is just last week. we want to get together one more bid, and then, we would just start doing that. so we'll probably need three or four months -- three months, at least, yeah. it's a lot of money, and we don't know whether there's any -- any hazardous material yet. we don't know that. all the bids are contingent upon the hazardous material, so it takes time. we are not that sophisticated in building this kind of building, so -- but we are trying to finish it, yeah. just need more time.

>> okay. any other questions? okay. >> thank you. you may be seated -- >> oh, by the way, i want to mention, trying to be a good neighborhood, even the next door, when they opened the new coffee shop, they asked whether we can do some painting. even though that's to be demolished, we still contribute the painting of $600 to paint on their side of the wall, just to make the neighbor happy. >> thank you. >> thank you. >> is there any public comment on this item? you can come forward. >> commissioners, my name is cat anderson. i am the property of 5114-5116

third street to the right of this pretty avocado building here. i bought the building in september of 2016, i believe, and i would like to confirm what mr. zu said. he was a tough negotiator. i needed more money, but he was a tough negotiator. i would just like to put this in the context that this is the one -- this is a double wide lot, or wide and a half, and it is blight. we are trying very hard to revitalize the third street corridor. my building experienced two burglaries in february, and there's no doubt in my mind that part of the reason why is because there's this dead zone in the middle of the block that's caused by this shiloh

church. this is a hull beik of a vacan rubble. i attended the planning meeting where they were given entitlements to build a condo building about two years ago, and they were supposed to demo. i thought they were supposed to demo in october 2017, but i may have that wrong. i hope in your deliberations, that if this doesn't get demoed right away, i would ask that you ask them to repair the facade and to paint. these posters were recently put here. it's constantly being graffitied, postered. it collects garbage. i sometimes feel like there may be somebody inside there, and i'm not sure who they are. there's strange smells emanate, dust and debris from the fire. it's a real problem, and i think that, you know, given the efforts of the people around who want to make third street

beautiful, this needs to be taken care of sooner rather than later. with all due respect to mr. zu who has absolutely been responsive when i've called him, i just want to say it's time. thank you. >> thank you. any other public comment? >> is there rebuttal for the staff? >> so the building had multiple complaints for vacant building, and one of the requirements to maintain a property or even register the building, you have to maintain the building. as you can see, he's not

maintained any opening. i think he needs to repair that. some or all of the permit history on this, there's no permit history. they just came in, pulled the permit, walked away, and they ever did anything. any time we wrote a notice of violation for open building, they say we have an open permit, which is actually under the vacant building. if you have an open permit, you're exempt from registering the building. so these conditions have been going on since 2011, when the building caught on fire. and like mr. sweeney said, the building permit was ready to be picked up last year. >> just a quick question there, inspector. so this was approved -- the site permit was approved 5-17-18. >> yes. >> so just to be clear, i just want to be clear for the record. >> sorry. >> at that point, the site permit allowed them to do the

demolition, is that correct? >> yes. >> at that point, they also had approval for the units. >> yes. >> so with 18-19, now, where we've had almost 2.5 years of where that building could have been knocked. >> yes. it could have been picked up for the demolition march 13, 2018. it's been a year. >> so just for the record, we don't have a situation where we're waiting on plan check or plans already. that's -- so when you do apply for a site permit, your whole goal here is to demo, correct? >> that's correct. >> all right. thank you. >> okay. commissioner walker? >> and it's -- i mean, even before then, we've been dealing with this because i think we've seen this before, as i recall.

i think mine is more a comment than a question, so i'll wait until we have rebuttal. >> okay. you can complete. rebuttal -- do you have -- >> is there anything else you'd like to say? [inaudible] >> okay. thank you. >> okay. then it's commissioner discussion. >> okay. commissioner walker? >> yeah. i mean, these vacant properties and the blight that ensues is really problematic everywhere, and i think our department has really gone out of its way to make it tenable in the short-term while property owners figure out a path forward. they totally destroy neighborhoods. i mean, just in spite of our best efforts to ensure that there's a protocol for the

storefronts. usually, they're not lit, but in this case, i think we have been trying to help the situation forward for many years. there is a path forward, and if you can't take it, then someone else needs to, because it is really important for the neighborhood that these things be moved along, so i would make a motion to uphold the arresorf abatement and all fines associated. >> second. >> okay. >> the information presented to us justified our -- the order of abatement. we've -- again, there's violations for several years that there's a path forward that hasn't been taken. >> absolutely. we have a motion and a second.