Again. You suggested that we grant the appeal and attach a notice of special conditions to the existing permit . Right, with new drawings to add the additional work and add the Property Line that was not showing correctly on the original plans and any other requirements that we would want on the drawings. What we could do is continue this and adopt the after the plans revised plans are approved by planning and d. B. I. , then we could grant the appeal on the condition that the revised plans be adopted. That would probably be the cleanest way. Or we leave it to the hands of the building department. I think thats appropriate. Weve made it clear. I was hoping the plans would have been ready tonight, but weve been talking about it. Hes scrambling to get someone. I can take them. Thank you, joe. I think planning wanted to have a look at them as well. Well, as a resident of sunset for quite a long time, both of you guys are my neighbors by a few blocks. A lot of conflicts that we have are to Property Line disputes and the Public Parking thats in front of your home. Unfortunately, this department thats a borderline dispute. Even though theres a piece of concrete there and you feel that thats your property, until you feel theres an official survey thats been done, we dont really know what side is which. I would agree with the department and with taking the appeal and then put special conditions on it and letting them run with that. Ill venture a motion, i suppose. Motion [ indiscernible ] okay. Did we have what we needed in the motion, julie . Vice president lazarus moves to grant the appeal and issue it on the condition that it be revised so that the plans under the permit address the outstanding issues identified by d. B. I. And the planning department. Once approved by those two departments, it would then be properly issued. So is that okay with you . Yes. You make great motions. On that motion. [vot [vote]. That motion carries 50. Thank you. So we will now move on to item number 6, this is appeal no. 19067. Thierry castro vs. Department of building inspection. The subject property is 821, 825, and 829, hampshire street. Appealing the issuance on june 6, 2019, to hampshire flats llc, of an alteration permit. Kitchen and bathroom upgrade, three apartment units, no change to existing wall layouts and life safety equipment. We will hear from the appellant first. Good evening, members. My name is michael zatani and i am the attorney for the appellant and his family. Mr. Castro is here tonight and he will be giving a statement that he has prepared in advance in a couple of minutes. His son and daughter are not here tonight. I hope the board can understand that for a teenage girl and a preteen boy, there are slightly more fun venues to spend a night in San Francisco than the esteemed board of appeals here. Ladies and gentlemen, my client and i are here because all attempts to resolve the issues that our papers document reasonably between a laared and tenant have failed. My client made complaints by phone, email, text message, but in result just saw further negligent work, the premise becoming unsafe, and receiving outright lies from agents, such as a property manager at the time, jennifer jones, who excuse me, when appellant notified them of issue of a theft from breaking into a Side Entrance, that property manager stated respondent didnt use that Side Entrance. But in our papers highlighted s as anyway, highlighted in our papers, not only do they use that Side Entrance area, ladies and gentlemen of the board, they store multiple supplies there. And my client provided photos of that. What about speaking to the contractors directly . My client will be saying in a few minutes that he has some experience working as a contractor before his current job as a clerk at grocery outlet. He spoke to them directly, but rather than getting ruls we still have the continued Security Issues and issues of lackadaisical work including to but not limited to dust and debris in the building. I brought color photos of some of those problems and dust and debris. Heres hoping i can use the tech here. Overhead, please. Thank you. So this is a photo of inside my clients home and the hallway in his apartment. This is a photo of a hole in the ceiling in my clients apartment that was maintained by respondents agents. D for comparison, just to make sure its clear, the space beneath it where dust and debris fell onto the floor, and you can notice the same white wooden material as that hole. My client even tried to make complaints to the city, including one complaint that to my knowledge generated three if not four notices of violation for unlawful construction practices outside the scope of issued permits. But here we are. My clients not here, as respondent alleges, to try and create leverage in some sort of buyout discussion. My client would like to stay in his affordable home as long as he can. My clients not here to harass and frustrate respondents rights or to be a pain in the butt just to spite them. My client is here because hes trying to protect the only Affordable Housing he has and to protect the wellbeing of him and his family while they live there. Now im going to turn the mic over to my client so he can speak. There are three questions i would like to ask the board to keep in mind while my client speaks. First, if respondent has been operating as postal codely as they say, including with a c. E. O. Which the declaration state has 30 years of experience in this field, without even looking at the laundry list of issues my client documents in this paper, why are there three if not four notices of violation and a Building Permit specifically to correct those . If these delays that respondent describes have been so costly, why has respondent been dragging its feet in all the construction prior to the negotiations, including, by the way, even accepting their timeline of the scaffolding going up in april of 2018 and obtaining the permits of that time. You can ask my client the work on those windows still had not been done by the time negotiations started in july. Last, if respondent is taking this property off the rental market, most likely to gut it, renovate it, sell it as t. I. C. S to make a profit, dont they have a pretty strong incentive to force my client, the last rentcontrolled tenant in this Affordable Apartment in the building, out . Thank you. Hello, my name is thierry castro. I currently live with my children at 821 hampshire street. I used to work as foreman doing remodelling jobs in San Francisco for midtohighlevel clients. So i have some understanding as to standards and best practic p based off my experience and all the evidence we have documented, i believe the work performed here has been purposefully substandard to force my family out of our home. Given that all the other autopsies have already left and cited the construction practices as a reason, having the building empty of rentcontrolled tenants, i cant imagine such a reason contractors would perform such substandard work. How much time . 30 seconds. Boy. Im asking here for the board of appeals to condition the permit for them to meet safe, ethical, and reasonable requirements which we have outlined and requested. Finally, i would ask the board and or the building departments guidance on how to ensure the hampshire flats operates legally and ethically. I would like to ensure the safety and quality you have some time in rebuttal. Should i continue to read this . You can use your time in rebuttal. I have one question, is the picture that was shown, that was the hole from the venting or the pipe right there . Yeah. Is that the interior of the house or the tradesmens entrance . Its a sunroom, inside the house, but a sunroom. Thank you. And a question for your counsel. If the property is t. I. C. If its l. S. A. C. Ed can it be t. I. C. . Thats a new thing we have been dealing with recently. To my knowledge, yes, and there are actually other properties, coincidentally involving other parties here where they have done just that while the tenants are still there. Thank you. I have a question for you, counsel. Im looking at the end of your brief where you list the conditions that you would want. Theres 15 of them. Yes, commissioner. The first one is that the permit would be amended to not apply to the appellants apartment, which i understand the respondent is amenable to. The reason i start with that is the fact that in my conversations with respondents counsel, he informed me. I thought that was an easy start. I mean, im not so sure that a lot of these are even within our power, but thats something i think for us to discuss. The second one, though, is essentially to bar any work in the building whatsoever until the eviction is resolved, either because your client leaves or because theres a resolution in court yes. Related to the eviction. Yes. And if you like, commissioner, i know respondent actually cited a couple of Different Cases in their opposition for that case. If it can help the board, i can distinguish those two cases while were having the conversation. No, this isnt a court. If you want to, thats fine. Im having a little trouble with that one because i just dont totally understand if theres no work going on in your clients unit and if the rest of the reasons are aimed at the construction being done in a workmanlike and professional manner why we should issue a condition that bars any work going on on the building whatsoever until the eviction proceedings are resolved. It could take quite a while. What i would say in response to that, commissioner, is the reason why we ask for that hold, that delay, is because of the fact the entire time work has been happening while my client has been living there, we have all the issues we documented in our papers. As i pointed out in our papers, this wasnt the first chance my client had for an appeal. Actually, as a matter of fact, as respondent thoroughly lays out in its papers, this is the second, third permit in the timeline for this particular property. My client actually tried to resolve these issues without coming to a forum and trying to go through these particular channels. But the evidence in front of the board i would argue demonstrates allowing work while my client is there would only result in further issues, while there is this incentive to force my client out. Without being something that were litigating for obvious reasons, it demonstrates a clear intent to empty the building, including my client with his rentcontrolled tenancy and make some kind of money after the fact. Until that incentive is no longer there one way or another, my client is at risk. I understand from the outside looking in, it feels like a large burden. But i would argue that its not. I would argue that as a matter of fact the respondent stands to make quite a lot of money and benefit commissioner, did you get your question answered. I did. Do you have a trial date . No. So the ellis notice expires in november. Then plaintiff can set it for trial. Like early 2020 . Depending. These cases can move at different speeds. If im being entirely honest, ladies and gentlemen of the board, the attorney handling this case in my experience tends to move a little bit slower. So it might be closer to mid2020 if i were to put a timeline on it. You can be seated. Thank you. We will now hear from the attorney for the permit holder. Good evening, members of the board. I represent the owner of the building hampshire flats l. L. C. And the respondent of this appeal. The manager and member of the l. L. C. Is present as well as the g. C. Representative if you have any questions of them. I think that the presentation by the appellant and his attorney have made it clear that this is really not about whats going on at the building, but about the ellis issue and trying to leverage this. Its clear that holding the construction down and having nothing go on in that building will severely impact my client. The cost of construction and delay is huge. Weve already put the construction on hold for two months to try to resolve the issues and address specifically each and every concern that each party expressed. To limit the schedule, even though no code compliant required that, to make sure that any noise issues are met, that theres extra security in the building, to make sure that everything he was concerned about, insurance we provided him evidence of that. Despite all of that, all of that is rejected, which is evidence of delay. There is no incentive for my client to push his client out. We want to complete this construction. Since the beginning mr. Castro has been complaining without basis. The n. O. V. S were started by mr. Castro complaining. There were minimal issues. Some n. O. V. S have been cleared. Construction could have been started. We delayed that to work this out. That was rejected. The point is my client has the right under City Ordinance and state law to complete this work. We will not go into his unit. He can enjoy the quiet enjoyment there. Theres always going to be some concerns for any resident while theres construction. Unfortunately, it cannot be prevented and the codes take that into account. Thats why there are limits on noise and construction time. The fact is we are bending over backwards to meet extra requirements. What is asked from the board limitations, a hold, isnt heard of. It violates my clients rights to his property to work on it. The ellis complaint hasnt been filed. It would delay this until we dont know when at great cost to my client. Other issues the commissioner referred to, it is unlikely you have the authority to do so, but we on our own have proposed alternatives, limiting the schedule, and complying with extra measures, putting security cameras in. Mr. Castro was seen removing pas tick sheeting from the doors where construction is taking place. The lock box has been altered because new holders for the lock box were modified and screwed into the wall. No one would do that to vandalize. The point is he wants to keep his lowcost property. I understand that. But that is not whats happening here. This is not about ellis or not about those impact on housing, as is expressed in their papers. It is about this permit and the conduct of this contractor and this owner. We are complying with the law and have the right to proceed and its already been delayed two months without basis. Again, we would like to have this permitted before, the appeal denied. If you have any questions i would be happy to answer them. I have a question. First of all, your brief was well laid out in response to the appellants brief, what youve done, what you plan to do. You mentioned that the owner, contractor has been doing business in San Francisco, knows the permit is from modesto. The contractor is not the owner, but the contractor is from modesto but works in San Francisco. A handful of other projects currently going forward. I think the reference by appellants counsel was not the contractors working on other projects, not the owner. And then, the last question was, goodness, i forgot. Thats it. Thank you. Thank you. We will now hear from mr. Mr. Duffy. Commissioners, joe duffy, dbi. A lot of paperwork on this one. We will start with the permits, im sorry the permit that is under appeal, the kitchen and bathroom, three apartment units, no change to existing layouts, units 821, 825, 829. That permit was filed on june 6, issued on six june, and then suspended on 21 of june. There is another permit currently became in there, in july. Remodel of five units, unit 21 will not have had any work. Modify floor plans, that permit has gone through a lot of revi review, through planning, mechanical, Fire Department review. We had a soft story on the building, which got completed and the certificate of completion got done. That got done when they signed off on january 30, 2019. It looks like the work was done between september 2018 or january 2019. That is good that they got that taken care of. They have for standing complaints on the property. I havent spoken to the building inspector. I was just researching this today. The notice of violation was issued following an complaint. Ill just read it out to you, looks like they have some issues they need to resolve in addition to this board. The scope of work on the suspended permit, and another permit, removal of structural and nonstructural have been installed without plans, or approve permits. Units 819, 825, 823 impossible 829, work has been covered without the legal inspection division. Compliance with chapter 34 of San Francisco Building Code regarding lead and i and asbestos issues have not been addressed. Regarding structural issues, retaining new Building Permit with plans, and amended evaluation of safe lead and as work as design. Safe inspection before resuming any work. Basically what that is saying is that the project is currently shut down. The permit that was suspended was stopping the work anyway. In addition to that, we now have a notice of violation from the building inspector. Basically saying they have exceeded the scope of the permit. Some structural work that was not part of the permit under appeal or the earlier permit in january, which was for kitchen and bath remodel. Theyve got a few issues now. They did find the permit that complied with at violation. That is the one that has gone through in july, but they. Some people they do not have it issued yet. When there is a permit under appeal, we do not like to issue additional permits because he gets in the way of the appeal process. If someone got there permit appealed, or simply came in and got another permit, it would lessen the appeal process. So, i guess what im saying is, they have some issues to resolve right here. Im not saying they have gone about it it sounds like, and they got ahead of themselves, i would say. I didnt hear it from the contractor, i think he is here tonight. I didnt speak to the building inspector about this building. It definitely looks like they do need to get their ducks in a row, and try to get this resolved. They obviously have the issue with the tenant as well. I am available for any questions. The appellant had a list o of well, ten, 12, 14 conditions going forward. The only one that strikes me as potentially something that could be part of the permit would be the hours of work, but i am not certain that any of the others are relevant. Have you had a chance to look at that, if not, could you and get back to us . I did look at it last night, i read it at home. Sometimes i think before, they come up with an agreement of what they will do, and they will work between eight and six, i think this board has done this so well, they allow pretty generous. I think the board can do that. The other items, i thought it wasnt really anything to do with d. B. I. Thank you. The question was, one of the requests on the list was to ensure that work is not performed in the appellants unit. I know there was in compliance, i think its exhibit d of the respondents brief. You just read it that unit eight does that cover the subject permit, or do we need to add that the subject permit which includes 821 would specifically not contain that unit . Does that make sense . There is some request for assurance that 821 would not be subject to remodeling. Because there are a number of permits, i want to understand the distinction between the permits. Right. It looks like they put that on that permit and then i got appeal. Every permit. Dot theyve got to comply with, the inspectors noticed a violation. I read that out that unit 821 will not have work. So mr. Duffy, in terms of the allegations about construction, what work does d. B. I. Have in policing the construction process after the permit issues, and in terms of what you have seen here. Is there anything d. B. I. Would do to ensure this particular project is moving forward as it should . Thats a good question. Obviously doing it the right w way, from d. B. I. You get your Building Permit before you start your work. You do your demolition, you do whatever whatever electrical you have to do, whatever plumbing you have to do. You get rough electrical extractions, you get rough plumbing inspections before you cover. You get a building inspector to inspect any possible framing that you have done, insulation usually goes into the exterior walls. These are permits that we get with our plans come on talking about here. That would be if were doing this are permits under appeal, kitchen and Bathroom Remodeling permits we see them all the time. We like to be involved in basically we make sure there is no additional work being done, which in this we would check f for, any Building Code requirements. When you open up a lot of these buildings, they had old plaster. They just usually upgrade the electrical, the plumbing, insulated exterior walls, sheet rock it again and put a new tile and fixtures. Theres not a lot of alteration done to the framing. Theres not a lot to look at. But there are certain things. They are easy inspections is what im saying, as if its done right. In this case they got the permits, they got ahead of themselves and they did some work that would have required plans. Now were looking at more issues because we are looking at new framing and the structural members. Looking at engineered drawings. So it takes a little bit longer. Sorry the three separate divisions are there, you have building, electrical and plumbing, theyll have to inspect the work. Quality of life issues with debris falling, thus getting into other units, the building inspector should be told about that. We will speak to them about that. They need to do better on that. What about Security Issues with holes in the walls . Yeah, the Building Code does address that the site has to be secured. Safety issues and all of that is in the Building Code. A lot of times when i get those, i will simply make a phone call and say, look, we have a complaint, were coming out tomorrow. Get this fixed in they usually do. They are listening. Thank you. Is there any Public Comment on this item . Welcome. My name is sarah, and i believe i am your neighbor, i live at 22nd and york street. We were here before this board last year appealing a permit. It is obvious to me this gentleman really wants to stay in his home. I was wondering if theres been any discussion of perhaps negotiating with him on the owners part for maybe him purchasing his home or, you know, just some kind of dialogue between them where they could possibly stay in their home . Thank you. Maam . Can you please put your name on the speaker card . Thank you. Any other Public Comment . Seeing him. We will move on onto rebuttal rebuttal. You have three minutes. Thank you. First i would like to give my client the opportunity to finish the statement he was reading earlier. Will continue our left off which is basically to paragrap paragraphs. A laundry list of issues created by him, i would like to highlight more egregious examples for the board. First the contractors left the front door, of the building wide open resulting in the theft of my bicycles, my sons bicycle, including one valued at approximately 2,000. I asked them for their insurance on this, they refused, they were not give it to me. Second the scaffolding, and the scaffolding mesh they left it in place for the better part of a year so far without any work necessitating the scaffolding being done. Constituting a security risk. Third, the generally negligent approach during and after work each day, even the last couple of days per they were not supposed to be working. I spoke to mr. Gonzales and they said they werent doing work the mailboxes right now, they didnt even touch them, they took them down, they are flopping, you can get right in. They just did this a couple of days ago. This is a lazy approach to debris cleanup, each and every day. If the board is not inclined to take my word for it, it is my understanding they have had numerous notices of violation, issued by the department of building inspectors for performing work outside of the scope of true permits. I informed you of these issues since i made one of the complaints only for kitchen and Bathroom Remodeling but they completely gutted the apartments. All im asking here is for the board of appeals to condition so that they meet safe, ethical and reasonable requirements. I have personally seen numerous weeks where there were no contractors working on the buildingbuilding, only to startt thing in the morning on saturday or sunday. I also believe it is completely reasonable to ask for detailed construction plan, and work schedule for the entirety of the project, with scheduled updates to completion. No professional contractor would operate without these. Its strange credibility to think a client would sign a contract without them. If planned work is going to be particularly extensive during the week, maybe i can plan to take my family out, off premises. I would also ask the board to ensure that hampshire flats operates legally and ethically within the conditions here. I am new to this process they would like to ensure the safety and quality of life for me and my children. Thank you. Trent 20 thank you. I have a question for the appellant. I guess whoever wants to answer. The briefs emitted by you, as well as by the permit holder there has been discussion about ensuring that work is not performed in your unit, do you feel satisfied with the documentation, thus far, that work will not be performed in your unit . I guess so. I understand it was a mistake on their part. That is when i made the that is when i did this filing here. Previously they were in the other units, their six units with their own addresses. When i saw 821, i thought holy mackerel, theyre going to come in and get this place. This is what the processes. I think so. I hope so. It appears that that is the case. Thank you very much. Another question. Your original scheduling for this hearing, i believe, was in august and, you know, the permit holder was willing to extend it even though their permits are being yeah, on pause, right . Is that normal . They seem like they work with you on that what i would say to that, commissioner, is that it is completely true that we stipulated to the extension and rescheduling. Did they ask for an extension or did you ask for an extension extension . That was a joint decision between the two of us. That is the best i recall. It was important to me at that time, because given the briefing process, obviously the appellant is responsible for the initial briefing. It was obviously to Mutual Benefit of both parties. Less attorney hours on their end and less attorney hours on our end. Thank you. Commissioners, to address the one point at the end, who is a proposal was it to continue this hearing . It was not mine, or my clients. It was for the respondent to negotiate, and i knew he was under pressure because he had to file a brief period we allowed for that because we wanted to try to resolve this. It delayed the project by two months trying to move this forward, and this particular permit. As you can see by the communications between the parties, we worked extremely hard to address his concerns only to be rejected. Again, i do not think his request, the laundry list is within your authority. We were willing to work with him and mr. Castro to try to address those. As for the scheduled hours which i believe are in your authority, we have proposed 730 7 30 a. M. To 6 00 p. M. Monday through saturday. Not eliminating the whole weekend are starting too late because of time getting in and out. The other request, again, not within the boards authority, we are willing to do. Giving him the particular schedule for the entire project is unfeasible, because even our client cannot get it, my client, because conditions change. Seventytwo hours to give notice about certain actions, also impossible, because things change. We propose 24. Just to show we are willing to work hard. As to the issues related to scaffolding. It is required by state law for it to be done because its too high. We havent been able to move on the windows in part because of all of these problems. One of the windows is actually thierry castros unit. We have no idea if hes going to let us work on those windows. We cannot hire the Painting Contractor until we have this worked out. On the issue of the other, aga again, we are not prepared to talk about this, we could, but we are not. That was not on todays agenda. Todays agenda is about the single permit and the issues around this permit. To mr. Duffys point, i beg to differ, with the records that we have, one of the permits is active and that is why people are visiting the site to see what they can do. That is permit ending with 0671 which is work on the unit. Initially that scope was beyond it. We explain how it wasnt and that was reinstated. Again, theyre going to have to work with all of their permits. This permit is the one before you. On this one were trying to meet every requirement we, because there is no basis for it. There is nothing here to justify the evidence that is not there. We have a right to move forward, and we would like to have the permit denied. Thank you. On the subject of the specific permit and whether it should be denied or upheld. It seems to me just reading the language of the unit it would include the appellants units, which was a mistake or an accident, whatever you want to phrase it. Therefore, the current permit is by all parties agreed to not be performed in that unit. Is that an accurate understanding . Correct. To say it was a mistake. This was obtained over an explanation was given for the project. At that time there was no intent, or any intent now to enter a unit that is occupied. Obviously if the unit became vacant tomorrow, the permit would allow us to go forward. If there is a modification that the board feels is appropriate to indicate that, we are happy doing that. No one is trying to interfere with this unit. No one is going to going to do any construction, or demolition in his unit. We will repair any issues that relate to the unit being up to standard if it needs to. For example the issue he raised earlier. That answers that question. The other question i would raise, and i think concern would be while the violations of the other permits are not a subject of this hearing, does raise questions as the clients performance of the work and they are exceeding the scope of the work which then raises questions around, you know, are they over the scope of this current perm permit . While it may not be the subject of todays hearing, it doesnt look good, at least what we have heard from the building inspector. I dont know if you have anything to offer in defense of that work that was performed out of scope . Again, i am not prepared to discuss it. The best of my understanding, there was a project manager that was referenced earlier, she has been terminated. My understanding is she may have misunderstood the scope and there was some confusion on that one. Because of that it was presented back to d. B. I. And there was a reinstatement of that permit. I dont know about the other ones. I understand there is some complaints. One is about a porta potty. Im not sure of all of them. There is no porta potty on the side anymore. We would address any and all of them given the opportunity. We want the project to move forward. We want to comply with the requirements. Here today i want to say, we have done everything we can. Thank you. To follow up on that, whether the project manager was fired or not. I see permits all the time thats a kitchen and bath remodel, exploratory demo and roof repair to get them in the door and then they decide hey, lets build a brandnew building. What part of your clients and whether it is privy to this case or not, these are questions im asking you, the other thing i is what the board can and cannot do, you would be amazed. Really. What happened . I would like you to explain. Have the contractor here. I wasnt trying to say you have power, you do have power. My point was i just you know, as my fellow commissioner has stated, youve got an appellant that is complaining of all of these issues. Your brief says you have resolve them, youre going to resolve them, but yet we see a notice of violation that you did not even start off right. He basically said youre going to do a kitchen and bath, and you gutted five units. We didnt can you explain . Ive been in construction for 30 years, and ive been managing this project for the past seven months. We started with 827, actually that one does not have a structure or anything like that. That is the first apartment we started work. There is no structure. We took out the permit for the kitchen and bath. Before you go further is your Company Responsible for pulling the permits . Yes. The designers on the project and a jerk, like he was saying, from the Previous Company came with a different design, and we started doing other projects while this one was empty, the unit. So, as we are going on, we keep doing apartments, when 821 got on board with the permits, when we went to pull the permits he got added into we did not add that one, okay . So, we started doing the construction, and some design designs we started stopping them and telling them 827 this is the design, now we are moving to something different. We have been requested to go ahead and pull new plans, different permit for the remaining units. 823, 825, 819, and 829. That is what happened. So, you are the gc . Are you on site . Yes. Do you normally deal with i mean, do you have direct communication with the appellant here . If he has a problem, who does he call or address . He is supposed to go through the project company who manages the building. Normally, we do say hi, that is it. He hasnt brought anything to my attention for any defect on his apartment. Are we wouldve taken care of it. If youre there every day, he lives there every day we see each other. Would be easy to swap some phone numbers, and if theres a problem, you know . I have almost 19 projects and i guarantee you all of the other projects times when i just asked you if youre there daily . If you have 19 projects how are you there daily . I stop every day on every project. I asked you are you there . Yes. Are just stopping by. Im not trying to be argumentative. I am just minimum 23 hours throughout the day, and at the end of the day i check with my guys there. And to make sure that it is properly cleaned on that proje project. Its mostly all the projects actually, okay . I always check behind all of my workers. Okay. Then have a question for the counselor. This building, there are six units . Correct. Five are vacant . Did they become vacant . I was uninvolved in that, but the Property Owners here. I believe after the notice was given, they each moved out. To negotiate a buyout so they moved out voluntarily . With that property manager like to come forward . My name is raul luna, i am the managing member of hampshire flats llc. Everyone else was willing to work it out, and we did buy outs with them. We attempted to do the same thing with mr. Castro. I get it. I just wanted to know how they became vacant. Thank you, sir. Commissioner, to raise the issue about contacts, we are happy to give mr. Castro all information regarding the project managers phone number to meet. I wish that was done earlier, but okay. Again, there was a Company Managing this. Thank you. Any other questions for the council . Just to reiterate one thing. I also thought your brief was great. And then mr. Duffy stands up and says they did all of this work without a permit. This is not going to win points. No matter if you did it honestly, dishonestly, it does not matter. You did the work without the permit. It doesnt help really. And, as you move forward there will be further permits. What is difficult for us is because you did it, im accusing you of anything. People get ahead of themselves all the time. It is very, very, very important to stay on it. Because, we will see you again. Not because we want to. Not because you want to see us. Because you got somebody living there who is already antagoniz antagonized. Youve got somebody living there who is protecting his family, i would do the same. You step out of line 1 inch, without filing a permit youre going to be back. Just an advisory, we want this, we want both parties to be happy. Be mindful of that, it is very hard for us. Point taken. Thank you. Thank you. Mr. Duffy . Commissioners, just to clear that up, the notice of violati violation, from what i am reading, i did not speak with the building inspector. The scope of work on two permits have been exceeded. It did say stop all work within 15 days. Get a permit within 30, which i have not done yet. From what i am reading, that project should not be any work taking place until this is resolved. Until the violation is resolved and the appeal is resolved. I just want to clear that up. I didnt speak to the district inspector, but that is what i am reading. The attorney said that he didnt think that there were stops, i beg to differ. Im happy to meet with them and discuss it. Im actually going to go to the building as see what is going on. I would also be happy to take one of our Housing Inspection Services right there. The lead and asbestos issue was brought up during this notification. There is still someone living in there, and i heard kids mentioned. I hope that they are going to comply. They certainly are on notice to. Our message at d. B. I. To contractors is; it is as if you are living in that building for the duration of your project. Be response respectful. Let people know what youre doing. It is very easy to let someone know, tomorrow, for the next week we are going to be doing sheet rock, or for the next week we will be doing electrical work. I dont know how hard that is for any contractor to communicate with someone continuing to live in the building. Any good contractor would do that, and we encourage it. And then its nice to have a notice up in the building. This is a cell phone number of the contractor. That is all good stuff, because then there are appeals, complaints and all things to go wrong. And thats when i think some stuff did go wrong. Hopefully we get back on track. I am quite happy to give them my advice and with a contractor like i do every day of the week, try to tell them it is a privilege to be working in someones building, be respectful of the people while theyre still there while you do your work. It can be done if its for a plan. Sometimes we do get bogus complaints, from tenants, saying they are doing this and doing that and we rush out there and there is no issue. We close the complaint. I dont think that is the case. Okay. [inaudible] maybe theres some issues around asbestos, lead, should we be potentially continuing this to go do an inspection . Well, the permit was issued properly, but that doesnt mean that the work was done properly. I mean, the permit itself was issued by d. B. I. , its a kitchen and bath remodel permit. Its an easy permit. I explained the process. We think they got ahead of themselves and some of the units, maybe not them all. The fact that the permit managee permit can be upheld. The problem with the permit is that weve got kitchen and bathroom upgrades, three apartment units, no change to existing wall. Units 821, 825 and 829. Maybe you keep the permit and say work into apartment units, 825 and 829, because 821 is not allowed to be worked on and that is a mistake with the permit. Or you just revoke the permit and start again. This is an overthecounter permit without plans. Theyre easy to get. I think, counselor, the respondent said they had eight to one on their, so the current tenant 821 on there, so the current tenant could going to do the work. Is that the current approach . Yeah, it is their building. The sitting tenant that is a civil issue. They could keep it on their and then keep the permit alive im sorry im not giving you making your decision for you. I just have to point out, there is issues with the department right i think they are working to get them resolved. They did find the permit to comply with the notice of violation, with a set of plans. There is a permit waiting to be issued to comply with our notice of violation. Im a little bit concerned about that. I probably need to speak to my inspector to see what the extent of that was, and the contractor. Its in the notice, thats never good. Did they cover the building inspection part of it. Did they cover the electrical or the plumbing without inspection . I dont know all of that. Like i said, it is in their future to figure this all out. We will make sure that we are happy before we sign off on any of the work. If its covered, its going have to be uncovered for inspection. Who is the Senior Inspector out there . Me. And hasnt been on my radar until last night. Who is the inspector designated . Ken gonzales. A lot of times they have permits rather stuff in they are allowed to work, theres nothing that can be done right now . Not from what i am reading. They have exceeded the scope on the to issue permits, the one on appeal in the january permit which is for the remodel of the apartments as well. Because they did structural wora new permit which they did. They have not picked that permit up yet. That is a notice of violation. Thank you. The best way to clean this up, help me with this, please. You brought it up, or at least i thought you brought it up. The best way to clean this whole mess up, because they have exceeded the scope of the permit, correct . Yes. They have to clean that up. They have applied for a new permit. Correct. The best way really to clean this up is to deny the permit that is being appealed here which would force them to get a permit that would wrap everything together, and also in the process they might think about making amends with their tenant on the list of items that they have requested, including, most importantly the hours of work. The cleanest way is to uphold the appeal, denied the permit. That wipes all of chalk off the chalkboard. That makes them go down to get another overthecounter permit together and move forward but, mr. President. Im asking. I dont know this file permit will comply with the notice of violation. I dont know what theyre showing in them. They may be showing the additional work that they got cited for and doesnt show the work on the earlier permit that is under appeal. Im just asking your advice. I know. What is the most efficient way to move forward to clean this mess up . Im not saying i think the mess is that this permits, which is being appealed has been exceeded. Then there is the piece that has been exceeded is being cleaned up with a bandaid calling another permit. Why not just get another one permit . Is that not good advice . I would need to see what that other permit entails. Its already gone through. It was applied for on july 18th. Its already been through i dont know what the plan show. Since they are stopped now, they are going to be stopped until we resolve this permit, should we follow commissioner lazarus suggestion to move this thing forward a couple of weeks so you can do your research, so you can get a clean picture of what is going on, and then make a finding accordingly . You can do that. I can go out there and see what is going on. The permit that is under appea appeal we would need that work covered on a subsequent permit. On top of that, that permit that we are talking about, that work has been exceeded, on top of that there is stuff that has not been that has been there are other things that you have cited that stuff has been put up
comparemela.com © 2020. All Rights Reserved.