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tv   Abatement Appeals Board  SFGTV  September 19, 2020 1:00am-1:31am PDT

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next item b is the oath. will all parties giving testimony today please raise your right hand. do you swear that the testimony you are about to give today is the truth to the best of your
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knowledge? okay. just for the record, the way the proceedings go is the abatement appeals board presents their case, and then the appellant, and then lastly, there's rebuttal time, as well. let me get to our next item. okay. so our next item is election of officers. so we werenhaven't met in a wh so we don't have a president and vice president. >> i'll take it from here. obviously, the abatement appeals is obviously a very important part of the work that we do, and we've been missing
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in action here. so i would like to make a recommendation, if -- and i'm not leaning towards recommending any particular order -- commissioner alexander-tut for press or commissioner tam for president, and then vice president could be one of those possible commissioners. so kevin, did you want to say anything towards that? >> no. i'm not sure if that was a motion, but i entirely concur. >> so to the commissioners, would you be interested in taking that seat, and in what
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order, and then, we would leave that to you guys. >> i'd like to extend the -- i -- you know, my appreciation for the consideration, and i would be honored to serve alongside commissioner. i know she'd be qualified for the role. >> i'm totally surprised and grateful, and thank you for the -- the nomination and consideration. same. happy to play either role, and excited to serve along with commissioner tam. i think we will be a dynamic duo on the abatement appeals
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board. same thing. happy to be chair, and same thing to be vice president. i'd like someone else to make that decision. >> commissioner -- is commissioner moss here? >> no, commissioner moss is excused from today's meeting. >> okay. so today, we will only have four commissioners. >> there will be four commissioners for the abatement appeals board, and five for the building inspection commission. i believe commissioner jacobo will be joining about 11:00 a.m. >> okay. commissioner, since i mentioned in no particular order, with the chairship to commissioner alexander-tut, and the vice chair to commissioner tam, would that be acceptable to you. >> absolutely.
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>> and if there's no objection, please call the question. >> okay. so there's a motion for the election of officers to have commissioner alexander-tut to serve as president and commissioner tam as vice president. and is there any public comment on this motion? i see some members, but there are no hands raised for public comment, so i will do a roll call on the motion. [roll call] >> okay. the motion carries unanimously, and congratulations to both of you. >> exactly. >> congratulations to both of you. >> thank you. >> thank you. >> it's very important. so with no further adieu, chair
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alexander-tut. >> i've gone into defense, right? >> i know. i don't have the agenda in front of me. >> you're okay. so i'll just -- i'll read the agenda items, and you'll be chairing the meeting after that. >> great. madam secretary, will you please read the next agenda item. >> okay. our next item is item d, approval of minutes, discussion and possible objection to adopt the minutes for meeting held on november 20, 2019 and january 15, 2020. >> motion to approve. >> second. >> any discussion? >> okay. and is there any public comment on this item? >> not at this time. >> okay. seeing none, there is a motion and a second, and no public comment. are all commissioners in favor? any opposed?
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okay. then the minutes are approved. thank you. our next item is item e, new appeal, order of abatement. case number 6875, 2455 jackson street. owners of record and appellant, nanny e. ryti, bob korman, 3450 sacramento street. actually by order of appel arrested that the order of abatement -- appellant that the order of abatement be reversed, and i believe chief building inspector is presenting. >> good morning. my name is mauricio hernandez. this is a three-story,
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five-unit building, which is vacant. following several attempts to gain access, it has been determined that roof work has been performed without a permit. on 10-23-2018, the notice of violation was amended as the district inspector gained access to the property and determined that there was extensive work performed on the top floor without a permit or exceeding the original permit. the notice of violation was issued, and it was placed on hold as the owner actually went through planning department to get the permit, but yet, mr. korman failed to comply with the notice of violation for more than a year.
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the owner did not comply with the violation or the order of abatement and continued to state that planning had hold the permit. the abatement was actually issued to mr. korman, and we actually had a site meeting with mr. korman in regards to the property conditions, as we seemed to get multiple complaints to the neighbors in regards to the conditions of the site, yet mr. korman was given an extension of time in february of this year to comply with the notice again based on the fact that he appealed the case back in february of this year. at this time, the code enforcement would like to uphold the order of abatement and impose all assessment
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costs. >> thank you. madam secretary, can you remind me, is this an appropriate time for us to ask questions of mr. hernandez or do we go ahead and hear the party that is wishing to othappeal the abatement fee >> we can go ahead and take the appellant. i see two numbers, but i don't know if either are the appellant. so it looks like we have an n.
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lee or r.o. are either one of those related to the appellant? >> i don't believe so. i do want to say that on september 10, mr. korman contacted the department, requesting for a 90-day extension, stating that he was looking for legal counsel, but he never got back to us again in regards to legal counsel. i did advice mr. korman that he actually needed to attend the hearing by phone. >> okay. commissioner alexander-tut, you can go ahead and proceed with your question. >> thank you. thank you, mr. hernandez, for your work. one clarifying question before i open it up to the other commissioners. so the permit in question was
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instead issued, right? there is no hold up on permit, is that correct? >> no. at the moment, the permit was only filed because mr. korman had to work with planning. if you look at the report, there's actually extensive work done to the roof, which he altered the roof. i'm sorry. i apologize for the pictures, that they're black and white, but you can't really -- if you look at the building, the roof line was extended, there's multiple things that he sold, and i told him he needed to comply with the permit. >> okay. actually, i think we can take public comment. >> good morning, commissioners. brad russi with the city attorney's office. before you proceed with the item, we should close out the
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item and take public comment. since the appellant did not appear, i just want to be sure that neither of the attendees on the list are the appellant. >> okay. so john, i'll give you -- actually, i'll try to do that. i'll try to unmute that and see. just give me one moment. >> so sorry. this is alec. >> do you want me to put you in the meeting? oh, it's okay. hello, caller. this is -- you are unmuted.
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are you calling in related to the abatement appeals board case? >> no. >> no? >> no. okay. are you present for the meeting of the department of building inspection? yes. >> okay. neither of them are calling in for the appellant, so they're both staff members. >> commissioners, brad russi again. so under the building code, the failure of the appellant to appear results in the effectiveness of the abatement order. you can proceed that way or you can also continue the matter because this person did apparently request a continuance. my understanding was the secretary had granted a
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continuance once already, and i think the practice of the abatement appeals board and the secretary is that they will grant one continuance if it's requested before a hearing. and then, if a second one is sought, then the board has to grant it itself. so you have sort of two options. you could rely on the provision of the building code that relates that the building abatement code or you can continue the item. >> so i will call on mr. mccarthy and then call on commissioners for discussion. commissioner mccarthy, do you have -- >> yeah, through the chair --
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thank you so much, madam chair. inspector hernandez, if you could, please, just a few quick questions. the -- the violation that's in front of us, it's for the roof, correct? >> correct, it's for the roof and the work area. >> so it's exceeding the construction permit or -- >> it's exceeding the construction permit. >> yeah, and i'm presuming this was called in as a complaint, correct? >> yes. >> you mentioned some -- and i totally understand if you don't have the answer to this, but you mentioned that there was an application filed in relation to planning.
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do you have any information on that or should it be in the package? >> it should be in the package, but there's no update because there's no provision of plans. the problem with mr. korman is he doesn't respond to e-mails. he wants to do everything in person or send everything by mail, and that's the issues that we have with him. >> and that's the choice that everyone has -- >> and i'd just like to point out that this building has had problems in the past since 2010 with regards to building compliance and maintenance issues. he does comply, but it does take a little while for him to comply with the orders themselves.
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>> and i just wanted to inquire, he's doing some window pop ups. it looks like he's doing some window pop ups or -- >> [inaudible]. >> no, no, that's fine. >> on page 14, it shows multiexhibit, and it shows all the sky lights, so he's got roughly 20 skielts that were-- lights that weren't there in the plans themselves. and page 13, there's a vision visio revision, another -- >> but it doesn't tell me what he's doing. >> [inaudible] and wall studs and floor joists.
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>> so -- okay. thank you, inspector. so to my set of commissioners, i'm just trying to put myself in their shoes here. these windows, i think they were approved at one time, and then, the planning code changed a little bit. they still allow them, but you have to show them in the drawings where you want to do them. i'm just wondering if he got caught in that and didn't understand that. i -- as i look at this, it is a roof violation, so i would be leaning towards -- i'd be looking to my other commissioners, but i would be
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leaning towards granting him an extension so they can come back to the next hearing. i do understand the problem for some people having problems logging into these hearings, so i do want to be mindful of that. it sounds like he's one of our stakeholders that likes to meet people in person and do letters and stuff like that. there are a lot of people out there that don't do e-mails and things like that, so i'm open to discussion on that. but i do believe, as i'm looking at this, that might be what they're trying to do, here. and that is a simple application to planning, which can be done over the counter. it's not that consult, and if the open was opened, i do believe this would have been dealt with in a more efficient format, so i want to be more respectful of that. with that, madam chair, that concludes my comments.
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i think you're muted. >> okay. i want to call on my vice president, commissioner jason tam. >> thank you, madam chair. actually, i agree with what angus -- commissioner mccarthy just said. i think some people have a difficulty with technology, and if he's a meet-in-person type of guy, we should give him that opportunity. if this requires him -- we can
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let him know, maybe, hey, can you add these to your drawings, that would be great. thank you. >> thank you. and commissioner clinch? >> yeah, thank you. a couple of questions for chief building inspector hernandez. is the building vacant. >> no, all the units are vacant at the moment. >> thank you. your -- your information there
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is germane to my next question. thank y at the hearing, did he show up? >> he did show up. at the hearing, we gave him an advisement permit, which gave him 30 days to submit the file, and he never did. >> thank you. my position is similar to to commissioner tam and commissioner mccarthy. i think with everything going on, covid and everything, i think it's appropriate to give him one more month, but there's been a lot of breaks given to
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him, so i would say that no further continuances would be given after a month is what i'm saying. >> thank you, commissioners. what i'm hearing is wide consensus among the group to extend it, but not for 90 days, for 30 days or one month. is there a motion to that effect? >> i'd like to make a motion to extend for 30 days. >> thank you, commissioner tam. is there a second? >> actually, if i could request -- i might have missed something. the second question for our attorney. is the motion to extend or is it the motion to allow a continuance to next month? >> it would be a motion to continue this item for 30 days to the next meeting of the abatement appeals board. >> okay. then it sounds like what commissioner tam said, and i second that. thank you. >> okay.
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>> thank you. so we have a motion and a second to continue this item for 30 days. is there any public comment on this motion? seeing none, okay, i would do a roll call vote on the motion. [roll call] >> okay. the motion passes unanimously. item f, general public comment. this is for public comment for items not on the agenda. we currently don't have any public available. the next item is item g, adjournment. is there a motion to adjourn? >> motion to adjourn. >> is there a second?
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>> second. >> okay. okay. and all commissioners in favor? okay. we are now adjourned. it is 9:29 a.m., and also, i just wanted to remind everyone that for the next building inspection commission meeting, it starts at 10:00 a.m., and there's a separate meeting invite to attend that meeting. >> will you be sending that back out, sonya? alexander-t . >> clerk: wednesday, september 16, 2020. this is the regular meeting of the building inspection commission. i would like to remind everyone to please turnoff all
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electronic devices. the first item on the agenda is roll call. [roll call] >> clerk: our next item on the agenda is president's announcemen announcements. >> president mccarthy: and welcome, everybody, to the building inspection commission of september 16, 2020. i am angus mccarthy, president of the building inspection commission, and i am joined by my fellow commissioners, along with patrick o'riordan, interim director, and d.b.i. staff. as you're aware, the past two weeks have brought the worst air quality in local history.
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the area air quality management distric district announced spare the air. this is a sobering reminder of the increasingly serious consequences of climate change leading to record breaking wildfires all over california this season. while we are hopeful that the wind and temperature changes this week will begin to clear away all the choking smoke in our skies, these air quality conditions obviously increase the challenges that our building safety employees face. with the air quality issues and covid-19 very much in our community, i hope that our customers and the public understand the ongoing need to follow all the public health protocols in place, which were very necessary for the public
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health and safety. on behalf of the commission, again, i thank d.b.i. leadership and the staff for their continued hard work during these historic circumstances. and even though the public health protocols mean that our offices at 49 south vanness remain closed, the department continues to issue permits. we are reporting on the progress that the department is making in terms of permit backlog and showing strong increases month by month in permitted issued -- month by month in issued permit numbers,
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excuse me. interim director expects the monthly permit numbers to keep going up thanks to the changes that the department has met, new staff hired, staff overtime, and working through the backlog. we will hear more about it during the director's report and updates on the task. we are all deeply impressed with our staff's achievements to date. thank you for attending our virtual commission meeting today, and please continue