Abatement Appeals Board - January 21, 2015 - Agenda

Meeting Date: 
January 21, 2015 - 9:00am
Location: 
City Hall, Room 416

AAB Agenda 01-21-15.pdf

 

ABATEMENT APPEALS BOARD      
NOTICE OF MEETING
Wednesday, January 21, 2015 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:  Discussion and possible action to adopt the minutes for 
      meeting held on November 19, 2014.

D.    CONTINUED APPEAL:   Order of Abatement(s).

    1. CASE NO. 6791: 921 Central Avenue

    Owner of Record and Appellant: Levine, Arnold Loeb-Levine S., 921 Central Avenue, San Francisco, CA  94115

    Owner of Record and Appellant: S. Loeb, 601 Van Ness Avenue, E415, San Francisco, 
    CA 94102

    ACTION REQUESTED BY APPELLANT: Continued Stay of Order of Abatement to             allow owner time to abate violations. 


At the AAB’s November 19, 2014 hearing, the AAB held the Order of Abatement in abeyance for 60 days to allow Appellants time to remedy the violations, including pursuing assistance from the Mayor’s Office of Housing and Community Development’s Lead Hazard Control Grant Program.  The AAB set the matter for continued hearing on January 17, 2015 and indicated that at that time Appellants will be expected to present evidence demonstrating further progress toward abating the violations and that if Appellants failed to provide such evidence, the AAB would not extend the abeyance any further.

Testimony, deliberation and possible action on whether Order of Abatement shall be held in further abeyance based on owner’s effort to remediate violations.  


    2. CASE NO. 6796: 411 Marina Blvd.

Appellant and Owner of Record: Angelica Phillips Irrevoc Trust, Frank Passantino, Regina Passantino Irrevocable Trust, 411 Marina Blvd., San Francisco, CA  94123     
        
Attorney for the Appellant: John Kevlin, Reuben, Junius & Rose LLP, One Bush St., Suite 600, San Francisco, CA  94104

ACTION REQUESTED BY APPELLANT:  Reverse Order of Abatement or grant a 10-year moratorium on the Order under Section 105A.2.8.3 of the San Francisco Building Code.

Testimony, deliberation and possible action on request to reverse the Order of Abatement or grant a moratorium to correct conditions under Section 105A.2.8.3. 

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

    1.     CASE NO.  6797:    1254 Mission Street                
       
        Owner of Record and Appellant:  Oak Hom Wong, 3316 Schooner Dr., Stockton, CA  95219

        Attorney for the Appellant:  Pamela Chung, 436 – 14th Street, Suite 1213, 
        Oakland, CA  94612
        
        ACTION REQUESTED BY APPELLANT:  To reverse the Order of Abatement and allow time to work with the tenant to gain access to the premises to complete work to correct the violations.

        Testimony, deliberation and possible action to uphold, modify or reverse the Order of Abatement.  
           

    2.     CASE NO.  6798:    1254 Mission Street                
       
        Owner of Record and Appellant:  Oak Hom Wong, 3316 Schooner Dr., Stockton, CA  95219

        Attorney for the Appellant:  Pamela Chung, 436 – 14th Street, Suite 1213, 
        Oakland, CA  94612

        ACTION REQUESTED BY APPELLANT:  To reverse the Order of Abatement and allow additional time to complete the work and obtain final inspection approval.

        Testimony, deliberation and possible action to uphold, modify or reverse the Order of Abatement.  
 

F.  REQUEST FOR RE-HEARING:  Case No. 6795, 23 Wood Street, originally heard 
    on December 17, 2014.

    ACTION REQUESTED BY APPELLANT:  Request for rehearing.

    At the December 17, 2014 hearing, the AAB upheld the Order of Abatement and held it 
    in abeyance for two months of the December 17, 2014 hearing to allow the Appellant 
    time to correct the violations and to document the conditions of the property for 
    purposes of his litigation.  The AAB also imposed costs.  Appellant now requests a 
    rehearing of that matter.  

    Under SF Administrative Code Section 77.5(g), a party requesting rehearing of a 
    matter shall set forth new evidence or legal error as the ground for rehearing.  

    Testimony, deliberation and possible action to grant or deny the request for re-hearing.  

    If Rehearing is denied in Case No. 6795, the AAB will take no further action in Case 
    No. 6795.

    If Rehearing is granted in Case No. 6795 – the AAB will rehear Case No. 6795 
    immediately following the grant of rehearing.  Information regarding that appeal, 
    originally heard on December 17, 2014, is set forth below:

    CASE NO. 6795:  23 Wood Street

    Owner of Record and Appellant:  Berger, Arkady, 5427 Geary Blvd., #2, San Francisco, 
    CA  94121

    Owner of Record and Appellant:  A. Berger and Nelly Merzheritsky, 3318 Divisadero St., 
    San Francisco, CA  94123

    ACTION REQUESTED BY APPELLANT:  To reverse the Order of Abatement and allow 
    sufficient time to complete litigation relating to design defects and to re-design and repair 
    defects.  


G.     GENERAL PUBLIC COMMENT


H.    ADJOURNMENT


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.

LANGUAGE ACCESS
      
Please note:  For questions about the Language Access Ordinance, please contact OCEIA at (415) 581-2360 and ask for the Executive Director or Language Access Compliance Officer.  Language Assistance:  To request an interpreter for a specific item during the meeting, please contact the Recording Secretary, Teresita Sulit, at (415)  558-6267 or by email at teresita.sulit@sfgov.org at least 48 hours in advance of the hearing.

ACCESSIBLE MEETING INFORMATION POLICY

The 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) 558-6272 or the Building Inspection Commission Secretary, Sonya Harris  at (415) 558-6164 or the Recording 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) 558-6164 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://www.ci.sf.ca.us/ethics/ - web.