Abatement Appeals Board - October 15, 2014 - Meeting Minutes
ABATEMENT APPEALS BOARD
Wednesday, October 15, 2014 at 10:30 a.m.
City Hall, 1 Dr. Carlton B. Goodlett Place, Room 416
ADOPTED December 17, 2014
MINUTES
A. CALL TO ORDER and ROLL CALL.
The meeting of the Abatement Appeals Board for Wednesday, October 15, 2014 was called
to order at 11:29 a.m. and a roll call was taken by Commission Secretary Sonya Harris, and a
quorum was certified.
BOARD MEMBERS PRESENT:
Kevin Clinch, President (Excused)
Myrna Melgar, Vice-President
Frank Lee, Commissioner
Warren Mar, Commissioner
Angus McCarthy, Commissioner
Dr. James McCray, Jr., Commissioner
Debra Walker, Commissioner
Sonya Harris, Building Inspection Commission Secretary
D.B.I. REPRESENTATIVE PRESENT:
Edward Sweeney, Secretary to the Board
Rosemary Bosque, Chief Housing Inspector
John Hinchion, Senior Building Inspector
Teresita Sulit, Recording Secretary
Zachary Porianda, Deputy City Attorney
B. OATH: Commission Secretary Harris administered an oath to those who would be giving
testimony.
C. PROGRESS REPORT: CASE NO. 6791 Complaint No. 201463716, 921 Central
Avenue.
NOTICE OF DECISION: The Abatement Appeals Board (AAB) heard oral testimony and
reviewed the documentary evidence provided by the Department of Building Inspection, the
Appellant and other interested persons. After deliberation of the evidence submitted and the
relief sought, the AAB made the following findings and decisions. The AAB continues to hold
the Order of Abatement in abeyance until the next AAB hearing 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. At the next hearing, the
Appellant will be expected to present evidence demonstrating progress toward abating the
violations. If the Appellant does not provide such evidence, the AAB will not extend the
abeyance any further.
Chief Housing Inspector Rosemary Bosque presented the case and stated onsite inspection
showed no work had been initiated. The department was contacted by Cynthia Lee from the
Mayor’s Office of Housing and Community Development’s Lead Hazard Control Program
indicating they had reached out to the Appellant who declined to receive help therefore the case
would be closed. The Notice of Violation has been open for six months and the department has
received additional complaints from the community therefore staff recommended the Order of
Abatement be upheld.
Appellant clarified that she has had contact with Rosa Hernandez from the Mayor’s Office of
Housing and Community Development’s Lead Hazard Control Program and has a scheduled
appointment for someone to reassess the property. The Appellant has followed procedures to
make repairs but has to wait for the grant to be approved and will need a loan for additional
repairs. The Appellant has been contacted by Adult Protective Services and she is unsure as to
why but she found this action humiliating.
Vice-President Melgar stated she has contacted the Mayor’s Office of Housing and Community
Development’s Lead Hazard Control Program and has confirmed the Appellants application is in
process. The appellant is eligible for a grant and a loan, which will take some time to process.
Members of the Abatement Appeals Board (Myrna Melgar, Frank Lee, Warren Mar, Angus
McCarthy, Debra Walker and James McCray, Jr.) made comments, and asked various questions
of DBI staff and the Appellant pertaining to the Appeal.
Vice-President Melgar called for public comment and there was none.
Commissioner Walker made a motion, seconded by Commissioner McCarthy, to extend the
Order of Abatement and hold it in abeyance until November 19 with supporting
documentation.
Secretary Harris called for public comment and there was none. She proceeded with a roll-call
vote:
Vice-President Melgar Yes
Commissioner Lee Yes
Commissioner Mar Yes
Commissioner McCarthy Yes
Commissioner McCray, Jr. Yes
Commissioner Walker Yes
The motion carried unanimously.
D. CONTINUED APPEALS: Order of Abatement(s).
1. CASE NO. 6792: 683 – 28th Street
Owner of Record: Josef J. Pohl Trust 1/3/07, Josef J. Pohl Trustee, 683 – 28th Street, San
Francisco, CA 94131
Appellant & Attorney for the Appellant: Gumbiner Law Associates, c/o Gordon D.
McAuley, 100B Drakes Landing Rd., Suite 260, Greenbrae, CA 94904
ACTION REQUESTED BY APPELLANT: The Order should be overturned and the
expired permits should be closed.
NOTICE OF DECISION: The Abatement Appeals Board (AAB) heard oral testimony and
reviewed the documentary evidence provided by the Department of Building Inspection, the
Appellant and other interested persons. After deliberation of the evidence submitted and the
relief sought, the AAB determined that its jurisdiction depends on whether the violations fall
outside the scope of: (1) the Superior Court’s January 22, 2004 Amended Injunction and Default
Judgment, pursuant to which the Superior Court retained jurisdiction over enforcement in
paragraph (B); and (2) the settlement agreement between the City and appellants. The AAB
therefore unanimously voted to hold the Order of Abatement in abeyance pending a
determination from the Superior Court as to the court’s jurisdiction over the pending violations.
Senior Building Inspector John Hinchion presented the case and stated the violation related to
four expired permits from 1989, 1992, 2002 and 2003. An Order of Abatement was issued as a
result of a Director’s Hearing on March 3, 2014. No new permits have been filed to renew
expired permits therefore staff recommendation was to uphold the Order of Abatement and
impose Assessment of Costs.
Mr. Gordon D. McAuley, Attorney for the Appellant, submitted documentation with the
application package of the lawsuit to the AAB that confirms that Notices of Violation have been
abated, permits were closed and the work was completed. The building architect submitted a
document under oath in which it stated that all work had been completed. The Amended
Injunction, dated January 2004, stated in page two, paragraph B: “the court shall retain such
jurisdiction, as may be necessary, or appropriate, to implement or enforce this order for 48
months from the date of entry of this order or if defendant has not abated all code violations
within 48 months until such violations are abated”. Mr. McAuley stated a copy of the
settlement agreement was submitted at the Director’s Hearing. The settlement included full and
final release of claims, in which the City Attorney certified that in exchange of the Appellant
paying $700,000 dollars, it was agreed that all work was done and completed. The judgment
was satisfied and the court has certified. Mr. McAuley stated for the record that at the Director’s
Hearing, the Appellant was fined $1,669.50 for Assessment of Costs.
Members of the Abatement Appeals Board (Myrna Melgar, Frank Lee, Warren Mar, Angus
McCarthy, Debra Walker and James McCray, Jr.) made comments, and asked various questions
of DBI staff and the Appellant pertaining to the Appeal.
Zachary Porianda, City Attorney, advised the Board that the case should be held in abeyance
until the Superior Court resolves the preliminary jurisdictional issue. If the Superior Court
retains jurisdiction, it is the entity that can order the department to issue Certificates of Final
Completion or the department can present evidence that it was never properly complied with in
the first instance therefore they would be in violation of the injunction and the settlement
agreement.
Commissioner McCray, Jr. made a motion, seconded by Commissioner Walker, to hold the
Order of Abatement in abeyance.
Secretary Harris called roll-call vote:
Vice-President Melgar Yes
Commissioner Lee Yes
Commissioner Mar Yes
Commissioner McCarthy Yes
Commissioner McCray, Jr. Yes
Commissioner Walker Yes
The motion carried unanimously.
E. NEW APPEALS: Order of Abatement(s).
1. CASE NO. 6794: 819 Ellis Street
Owner of Record: Achilles Revoc. Trust 2003, Philip Achilles Trustee, 819 Ellis Street,
San Francisco, CA 94109
Agent for the Appellant: Armando Jimenez, 819 Ellis Street, 3rd Floor, San Francisco, CA
94109
ACTION REQUESTED BY APPELLANT: Applicant is requesting that the Order of
Abatement be held in abeyance until they receive an approval from the Planning Department.
NOTICE OF DECISION: A duly noticed hearing before the Abatement Appeals Board (AAB)
concerning the property located at 819 Ellis Street was scheduled for October 15, 2014. At the
request of the Appellant’s counsel, the matter is continued for the next AAB meeting.
Secretary Harris stated the case was requested to be continued, which the AAB granted.
E. GENERAL PUBLIC COMMENT
There was no General Public Comment for items not on the Abatement Appeals Board Agenda.
F. ADJOURNMENT
Commissioner Walker made a motion, seconded by Commissioner Mar, that the meeting be
adjourned.
The motion carried unanimously.
The meeting was adjourned at 11:50 a.m.
Respectfully submitted,
_______________________________
Adriana Ortiz, Senior Clerk
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Edited by: Sonya Harris, BIC Secretary
