the property on -- where is devisidaro? this one here, is the devisidaro property. this one is the washington property. our property sits here. this is the corner property they built a large garage. this shows in 1895, the washington property sits there. this shows a property in devisidaro. this shows on 1901, there is no building on the corner building the condition that we have been built there since the earthquake is conjecture and pure speculation. these walls are on our property, of course, they're encroaching on our property, but they're failing in the air, as vegetation and water is coming through the wall they're failing, and i will say that the washington street property the building on the wall i let their painters in four years ago to paint the top of their wall so they're saying the top of the wall is theres to maintain and paint but what they sit on is not there?s it

connected by the devisidaro place? >> yes they both were. >> in the packet i believe it's exhibit b, the first two letters, are the letter they received from devisidaro place noting the conditions of the wall and seeking that the current sited property owners, take responsibility for the repair of those walls, the letters are explaining the history and condition of the wall and they're not responsible -- >> letters is the initial contact. >> yes unfortunately, the negotiations broke down when this complaint was issued. >> thank you. >> if you look at the martin run survey, for the sake of argument, you look at it specifically, marked in red in packet, it shows that the walls over the line 0.11 at two feet up on the devisidaro in the rear line, and in the north line the building is over -- the wall is two feet up that is at the lowest point you can measure the wall above the ground to have access to it. obviously, the wall grade is not exposed, we don't know what that is. but on the survey, it's over the property line,

so obviously, the devisidaro back here. if you go to the corner there is actually a property at the foundation, all the way up along on the retaining wall. >> if you see where my finger is. (speaking off the mic). off the brick wall. that portion over there is part of the portion of the building is on the wall itself. >> that's where that alley way is where the wall is boeing, right? >> right. >> is the footing of that retaining way, in the devisidaro street property based on what you saw, or is it in the adjacent properties? the footing? >> okay the footing itself my understanding, when we asked for the survey in the office we had a meeting with them concerning the posting violations, the footings were on the property line of the walls, the footing itself was not on the property in dispute here. >> in devisidaro. >> right. >> so the footings, are clearly in the other property not the devisidaro property correct. >> that is correct. there is 4 or 5 survey shg in this house, they will comply with the martin run survey there.

this shows a property in devisidaro. this shows on 1901, there is no building on the corner building the condition that we have been built there since the earthquake is conjecture and pure speculation. these walls are on our property, of course, they're encroaching on our property, but they're failing in the air, as vegetation and water is coming through the wall they're failing, and i will say that the washington street property the building on the wall i let their painters in four years ago to paint the top of their wall so they're saying the top of the wall is theres to maintain and paint but what they sit on is not there?s it doesn't make any sense. >> thank you for your time. >> may i see the exist? >> of course. can i approach? >> yeah. >> any questionses from the commissioners? >> i have a question for chief aspect inspector lowrey he did the inspection. when we look at pictures like this where did you shoot the pictures? you were in the adjacent property right? >> right. adjacent to the properties, there is a wal

i put my shoes in the property owner, in this particular case the devisidaro case, the 2308, have been cooperative heting people in there to make their case i think -- the lady forgive me your last name -- kate -- show us the proof where this wall is part of our property, they failed to do that. the department has a black and white situation i think they have gone out and did a good job, calling in the surveyier and talking to them i thought it was a good gesture to demonstrate to them they're making the right desis, the other side also had the ability to produce a survey that would contradict that survey i haven't seen that. because of that i'm also in favor upholding the order of abatement. >> before we make a motion we will see if there is any other public comment or any speakers that have been up. seeing none would any of the commissioners like to make a motion. >> i would like to make a motion that we uphold the department's orders. >> and on the second item, what's the proper line we declare it's not our jurisdiction? >> the motion covers everything. >> i second that. >> we have

divero and devisidaro street. >> i would like to acknowledge that commissioner mccray joined us. >> good afternoon, commissioners, my name is -- rubin, genius and rows i'm here for all 70s on deviro, and washington street. we have dan gray who is allianced surveyor, with 30 years of experience taking a look at the site we have bret fer rar ree, who is an engineer to discuss the site conditions i would like to speak about the abatement for context, and ask the experts to speak briefly on their representative topics first as we mentioned in our brief, the control of these retaining walls, is in dispute between three adjacent property owners it's not resolved as a practical matter, it should be determined before the city imposes fines to take action to repair them, as a policy matter allowing the abatement to move forward, is undesirable, because of dbi and ownership responsibility of the wall it may encourage owners to use dbi