City and County of San FranciscoDepartment of Building Inspection

November 17, 2010

Abatement Appeals Board - November 17, 2010

ABATEMENT APPEALS BOARD

NOTICE OF MEETING

Wednesday, November 17, 2010 at 9:00 a.m.

City Hall, 1 Dr. Carlton B. Goodlett Place, Room 416

Aired Live on SFGTV Channel 78

 

AGENDA:

 

The Abatement Appeals Board (AAB) will take public comment on every item appearing on the agenda. Members of the public who address the Board have the discretion on whether or not they wish to identify themselves for the record.

 

A. CALL TO ORDER and ROLL CALL.

 

B. OATH: All parties giving testimony before this Board today will rise, raise their right hands and be sworn.

 

C. APPROVAL OF MINUTES: Meeting held on January 20, 2010 and March 17, 2010.

 

D. NEW APPEALS: Order of Abatement(s).

 

1. CASE NO. 6740: 32 Peralta Avenue

 

Owner of Record and Appellant: Seth Jacobson, 401 Roland Way, #220, Oakland, CA 94621

Agent for the Appellant: William A. Wasko, One Kaiser Plaza, Suite #750, Oakland, CA 94612

ACTION REQUESTED BY APPELLANT: Appeal of the Order of Abatement issued September 10, 2010 and assessment of costs be waived.

 

Testimony, deliberation and possible action to affirm or reverse the Notice of Violation and/or to impose, or modify the terms and conditions of the proposed Order of Abatement.

 

2. CASE NO. 6741: 585 Ellsworth Street

 

Owner of Record and Appellant: Henry Lucero, c/o Elba, Henry & Mary Elba, 21 Lakewood Circle, San Mateo, CA 94402

ACTION REQUESTED BY APPELLANT: Owner needs more time to gain access to property to make repairs.

 

Testimony, deliberation and possible action to affirm or reverse the Notice of Violation and/or to impose, or modify the terms and conditions of the proposed Order of Abatement.

 

3. CASE NO. 6742: 127 Scott Street

 

Owner of Record and Appellant: Evelyn M. Wyatt, 127 Scott Street, San Francisco, CA 94117-3222

ACTION REQUESTED BY APPELLANT: The appellant is requesting that the metal gate at the exterior rear stairs remain on a temporary basis.

 

Testimony, deliberation and possible action to affirm or reverse the Notice of Violation and/or to impose, or modify the terms and conditions of the proposed Order of Abatement.

 

E. CONTINUED APPEAL: Order of Abatement.

 

1. CASE NO. 6733: 5 Seymour Street

Owners of Record: Margaret D. Nelson and Winston W. Montgomery, 5 Seymour St., San Francisco, CA 94115

Owner of Record & Appellant: Winston W. Montgomery, 5 Seymour Street, San Francisco, CA 94115

ACTION REQUESTED BY APPELLANT: Needs more time to finalize the permit.

 

At its June 16, 2010 hearing, the AAB heard this case and continued the matter for six months to the December 2010 AAB meeting, or until the discretionary review process is complete, whichever occurs sooner. On September 30, 2010, Appellant Winston Montgomery informed the AAB by letter that the Planning Commission decided not to take Discretionary Review over the project at its September 16, 2010 meeting.

 

Testimony, deliberation and possible action to affirm or reverse the Notice of Violation and/or to impose, or modify the terms and conditions of the proposed Order of Abatement.

 

F. UPDATE ON CASE NO. 6725 (Decided September 16, 2009): 135 El Camino Del Mar

 

Owner of Record & Appellant: Yee Trust, c/o Walter M. & Ramona T. Yee, P. O. Box 77503, San Francisco, CA 94107

Attorney for the Owner: Reuben & Junius, LLP c/o Andrew Junius, One Bush Street, Suite 600, San Francisco, CA 94104

 

At its September 16, 2009 hearing, the AAB upheld the Order of Abatement but stayed enforcement for 12 months from the issuance of the notice of decision. The Board has asked the appellant to provide a status update.

Discussion item only.

 

G. PUBLIC COMMENT

 

H. ADJOURNMENT

 

MEMBERS OF THE BOARD DEPARTMENT REPRESENTATIVES
Frank Lee, President Edward Sweeney, Deputy Director and Secretary of the Board (415) 558-6272
Debra Walker, Vice President Ann Marie Aherne, BIC Secretary (415) 558-6126
Kevin Clinch, Commissioner Teresita Sulit, Secretary (415) 558-6267
Reuben Hechanova, Commissioner
Warren Mar, Commissioner
Mel Murphy, Commissioner  CITY ATTORNEY'S OFFICE REPRESENTATIVE
Criss Romero, Commissioner Francesca Gessner, Deputy City Attorney (415) 554-4762

 

 

KNOW YOUR RIGHTS UNDER THE SUNSHINE ORDINANCE

(Chapter 67 of the San Francisco Administrative Code)

 

Government’s duty is to serve the public, reaching its decisions in full view of the public. Commissions, boards, councils and other agencies of the City and County exist to conduct the people’s business. This ordinance assures that deliberations are conducted before the people and that City operations are open to the people’s review.

 

FOR MORE INFORMATION ON YOUR RIGHTS UNDER THE SUNSHINE ORDINANCE OR TO REPORT A VIOLATION OF THE ORDINANCE, CONTACT THE SUNSHINE ORDINANCE TASK FORCE AT 554-6075.

 

ACCESSIBLE MEETING INFORMATION POLICY

 

he meeting will be held at the City Hall Building, located at 1 Dr. Carlton B. Goodlett Place, 4th Floor, Room 416. The closest accessible BART station is the Civic Center Station at 8th (at the United Nations Plaza) and Market Streets.

 

Accessible MUNI/Metro lines servicing this location are the J-Church, K-Ingleside, L-Taraval, - Ocean View, and N-Judah at Van Ness and Civic Center Stations; 9-San Bruno, 71-Haight, and 42-

Downtown bus lines. For information about MUNI accessible services call (415) 923-6142. The Commission meeting room is wheelchair accessible. Accessible curbside parking spaces have been designated on the Van Ness Avenue and McAllister Street perimeters of City Hall for mobility-impaired persons. There is accessible parking available within the Civic Center Underground Parking Garage at the corner of McAllister and Polk Streets, and within the Performing Arts Parking Garage at Grove and Franklin Streets.

 

Accessible seating for persons with disabilities (including those using wheelchairs) will be available. Assistive Listening devices will be available at the meeting. A sign language interpreter will be available upon request. Agendas and Minutes of the meeting are available in large print/tape form and/or readers upon request. Please contact the Deputy Director and Secretary to the Board, Edward Sweeney at (415) 558-6142 or the Building Inspection Commission Secretary, Ann Marie Aherne at (415) 558-6126 or the Secretary, Teresita Sulit at (415) 558-6267 at least 72 hours in advance of the meeting to request for these services.

 

Individuals with severe allergies, environmental illness, multiple chemical sensitivity or related disabilities should call (415) 558-6126 or (415) 558-6267 to discuss meeting accessibility. In order to assist the City’s efforts to accommodate such persons, attendees at public meetings are reminded that other attendees may be sensitive to various chemical based products. Please help the City to accommodate these individuals.

 

POLICY STATEMENT OF PUBLIC HEARING OR MEETING

 

Pursuant to Section 67.7-1(c) of the San Francisco Administrative Code, members of the public who are unable to attend the public meeting or hearing may submit written comments regarding a calendared item to the Secretary, at 1660 Mission Street, 3rd Floor, San Francisco, CA 94103 or at the place of the scheduled hearing before the proceedings begin. These written comments shall be made a part of the official public record and these comments will be brought to the attention of the members of the Abatement Appeals Board. [Twenty copies are necessary.]

 

POLICY STATEMENT OF PUBLIC COMMENT

 

FOR THIS MEETING OF THE ABATEMENT APPEALS BOARD--and until such time as a policy is formally adopted,--it is the interim cooperative intent of the Abatement Appeals Board of the City & County of San Francisco that, at the point so designated as Public Comment on the following Calendar, members of the public may address the Board on items of interest to the public that are within the subject matter jurisdiction of the Board--excepting calendar items. With respect to calendar items, the public's opportunity to address the Board will be afforded when the item is reached in the meeting. Each member of the public may address the Board for up to three minutes. If it is demonstrated that comments by the public will exceed 15 minutes, the chairperson may continue Public Comment to another time during the meeting.

 

SAN FRANCISCO LOBBYIST ORDINANCE

 

Individuals and entities that influence or attempt to influence local legislative or administrative action may be required by the San Francisco Lobbyist Ordinance [SF Administrative Code Sec. 16.520-16.534] to register and report lobbying activity. For more information about the Lobbyist Ordinance, please contact the Ethics Commission at 1390 Market St. #701, SF, CA 94102 or (415) 554-9510 voice, or (415) 703-0121 fax, or http://sfgov.org/ethics - web.