And alt for the record state the time allowed regarding the appeal. For new appeals, the department will present the case first and then the appellant. Each side has 7 minutes and next there will be Public Comment and members have three minutes each to speak. Lastly, there is rebuttal time of 3 minutes for the department and then the appellant. And that thereby will be Public Comment time for 3 minutes as well. If you could please mute yourself if you are not speaking, please. And for every one in attendance, we are meeting remotely as the abatement and appeals board for Public Comment to call in. You would please dial 14156550001. And the access code is 1463507228. To raise your hand for Public Comment on a specific agenda item, press star 3 when prompted be i the meeting moderator. So when you hear the Public Comment is called, please press star 3 if you would like to speak. Thank you. Our next item is item c. Request for rehearing. Rehearing request case 6875, 24555 jackson street, heard and decided on october 21, 2020. At the october 21, 2020 hearing, the aab denied the appeal, upheld the order of abatement and imposed the assessment of costs on the basis that the order of abatement was properly issue and the department of building inspection did not err or abuse its discretion. The action requested by the appellant to grant the request for rehearing if appellant may speak now and you have three minutes. Mr. Kinon. Thank you very much for your courtesy. Is mr. Korman in the meeting . Can you tell if he is, or could you add him in . He is most likely one of the Public Comment callers. We wont be able to check until afterwards. He will be allowed to speak as well after you do your three minutes. We wont be able to unless are you going to present and use that time or is he going to . I will do it. I just want to make sure that hes present because previously he called me and indicated that he was having difficulties logging in. We see him would you like to check that, john . Sure. I will give you the host duties. Madam secretary, through the chair, the point of order. In regards to this appeal were hearing, is it three minutes, madam secretary, to make the case why we should have a rehearing, is that correct . I dont believe any Public Comment can be made outside of that. And maybe its a City Attorney clarification. Clerk i believe that brad can clarify that, but i believe that mr. Corman might speak during the Public Comment for three minutes. I dont know. City attorney, can you clarify that . Good morning, commissioners. Brad rusty from the City Attorneys office. The procedure as i understand it would be 3 minutes per side and then 3 minutes for anyone who is going to give Public Comment. A party to the case is not a member of the public. They would have to use their time under the 3 minutes allocated to the party that speaks. Of course, commissioners can ask questions if they like. Through the chair, what were hearing this morning is evidence to show to be given in regard to why we would allow a rehearing, is that correct . So rehearing the whole case again is not what we are doing. It is information directly associated as to why we should have a rehearing, is that correct . It is really new information, is that correct . Clerk yes. The board the standard here is whether the the standard here is whether the appellant who is seeking a rehearing can present legal error or new evidence to justify whether a rehearing will be granted. If the board determines after hearing it from the parties that a rehearing is warranted in this matter, you take action to grant the rehearing and on the agenda the next item is the rehearing itself. And so you hear the case again. Sorry, madam, through the chair, so the new information is what needs to be discussed now. Not the actual information thats been presented just before, correct . A yes. We have to let the appellant speak and the commissioner cans make their determination after that. Mr. Kinon. And the 3 minutes will be the total time for you and mr. Corman has unraised his hand, and i havent been able to unmute him, just an fyi. Is are you authorized to speak for mr. Corman . Yes, i am authorized to speak for mr. Corman. I just want to make sure that he is listening and can hear what is going on. Okay. An i believe that he may be on the call. I provided that information. But we cant tell at the moment because we have several members in our queue. Right . Can i mute myself for 30 second and see if i can determine whether he can hear . Okay. Weve got one more person the caller raised their hand and i am going to unmute them and confirm whether or not they are mr. Corman. Callin user, is there many corman . Can you hear me . An im bob, yes, good morning. Thank you, everybody, for appearing. Can you give me the names of people who we are talking to or who is talking to us . Thank you. So he is on. He is on. So i think we can start the hearing now. And first hear from the appellant. Thank you very much. I will try to be very brief and not restate everything that we stated in our november 2 request for rehearing. We would ask that the order of abatement be withdrawn because mr. Corman have done all they can to comply with the notice of violation. They have provided plans and planning has simply refused to act upon those plans. There has not been sufficient evidence to show they were in violation of anything that was alleged in the notice of violation with that and to submit this matter based upon our appeal to the abatement board filed i believe on november 2 and supported by the letter also dated by november 2 and all the material that is really submitted in this matter before specifically including the appeal provided by the law firm. Mr. Corman, if you have something to say, you can say it at this time. You have two minutes left. Thank you. Can you hear me . Yes, we can. I just heard a gentleman there who was talking before who was not the attorney from the city. It was some other gentleman. From dbi. Could you give me that name of that party . I dont know who i am talking to. You are wasting your time at the moment, but the only person that spoke and maybe you are referring to the City Attorney. And someone else from dbi perhaps. Otherwise the City Attorney is brad rusty. I know. Not born in this country, with greatest respect, and i dont know who that is. This is your opportunity to make your case. And to present new information. I will. Can i just say a couple words . I presented a number of sunshine requests and per the protests and arguments and support of withdrawal of the aab findings of fact on issue, and i just submitted something on monday as well. Monday night through email from office depot and by Certified Mail and was received yesterday by confirmation from u. S. Postal office, postal service. So i believe that you have a number of protests that i have lodged and also what mr. Kinon has stated today and in writing. Everything i have done so far to date is submitted including what i submitted monday or tuesday this week. And you have it. They have it. Im done. Thank you. Clerk thank you. Did you have anything else to add, mr. Kinnon . No, thank you very much. Thank you. Is chief hernandez on the call . Does staff have anything to state . No. Okay. Thank you. So is there any Public Comment on this item . Are there any callers . Im sorry, i was muted. There are no callers. President alexandertut, i will leave it to the commissioners. Thank you. So everyone has received the commissioners the appeal and the november 2. I have not heard an argument around presenting that there was a legal error. And i have not received any information that there was new evidence to provide that was not provided in the previous hearing. But i will so i dont have any further questions. I will go down the list to ask if all commissioners do and any questions or comments . I am in line with what you just said. The opportunity was given for new evidence to be presented. I didnt hear anything new unless they can show us otherwise. Thats all i have to say. Commissioner mccarthy . No. Commissioner jacobo . No. A commissioner clinch . I dont have any questions and i agree with your assessment, president tut. And commissioner moss. No. City attorney, do we need to take a proactive motion to uphold or deny the rehearing request . Yes. The commission should take commissioners should make a motion to grant or deny the rehearing request and state a basis perhaps that the appellant has presented or not presented new evidence or legal error. Awe president okay. I would like to make that motion that to deny the rehearing request based on the assessment that the appellant has not presented evidence that there was a legal error or new information that would require a rehearing. Is there a second . Second by Vice President tam. Clerk there is a motion and a second to deny the request were rehearing. I will do a roll call vote on that motion. [roll call vote] that motion carries unanimously. The next item then would be item d. , new appeal, order of abatement. Case number 6878, 1600 clement street. Owners of record and appellant, sophie lau, 1945 ocean avenue, San Francisco. Action requested by appellant, reverse the order of abatement and related cost of 1,497. 80. So the department will present their case first. And have 7 minutes. We have chief matsu. Good morning, commissioners. We have an opportunity today to write a new chapter. The purpose of the San Francisco housing code is to insure a minimum standard of culpability and we have a situation on clement street. The owner of this property is simply that repeats repeatedly violates the housing code over and over and over again. The owner will present themselves as a victim of so and so didnt call me back. This isnt about who called who back. Its about real violations of the housing code. So i would like to introduce Housing Inspector mccarthy who has been with the department for many years. Are you unmuted on here . I believe i am now. Great. So tell them what you have done with the department. Seven years. And what is your assignment right now . I am a Housing Inspector. And what part of the city . I work all the way out in richmond, inner and outer richmond. All right. District seven and district eight and Housing Inspection Division to be specific. Have you been out to 1600 clement . Yes, i have. More than once . Yes. [inaudible] about how many times . In total, over a dozen i would estimate. A dozen visits. So from your packet, holding up the picture of the can you describe this picture for us . That is a picture of the shower pan in the unit in question, unit 105, after a little bit of demolition had taken place. All right. What about this picture . That is the wall outside of the shower pan which would be adjacent to the sink. What else can you describe in this picture for us . Well, if you see that the broken wall where the electrical outlet is, thats the outside of the shower pan. If you look a little, you see some framing has been patched in and if you look beyond that, you will see the tile of the shower pan you showed earlier. All right. What about this photo . That is the same bathroom. The floor had been removed and the toilet was just perched on the floor joists and then you see the garage down below. Is this the only time that is this the only complaint that you have had to respond to at this building . No. What other kinds of complaints have you had to respond to there . Ive responded to complaints of the elevator being out. Individual units being nonworking, no hot water. [inaudible] leaks from the top units, among others. What kind of work quality do you normally encounter when you try to get the violations abated . When i had violations written on the property, the repairs tend to be bandaid repairs for the property owner, meaning that a patch for the problem would be temporarily taken care of in order to hopefully abate the complaint, but i continue to go out for the same issues due to the fact that the underlying issue leads to housing violations, not necessarily repairs and patches put in place to abate the complaint. When somebody does that, would you say they are acting in good faith . And is that just going to cause a problem again . I would say that the actions were taken in order to abate the complaint but not necessarily make the understood lying issue go away. Therefore, i have return for the same issues several times out of the particular building. I appreciate that. We had a directors hearing with a similar issue and the owner had an attorney at the hearing that was hired the day before. The attorney said i would like to request an extension because i have only been hired yesterday, so i need some more time. But meanwhile, we have some people who are really suffering because they dont have access to the bathroom in their unit. They have to go to a different bathroom somewhere else. And is john marion around . Is he there . Yes, i am. And i was wondering if other people in the queue for Public Comment. There is one caller in the queue for Public Comment. And there are three, four caller, and now more than about four callers in the queue for Public Comment. Okay. I will try to keep this brief because there are other people that want to get on here. And you have sued the landmark twice and the shower is still not working for the people here. You have 100 complaints and not to interrupt you, but if you could wrap up the comments and is almost the end of the 7 minutes for the department. You can go ahead. So just going to say that i had a mentor when i first started working here who said sometimes you have to take off the inspector hat or whatever hat you are wearing and step into the shoes of the people that live in it. I know i wouldnt like it if i had to go on some other unit to use their shower and even for a week much less six months. That is something to consider when you think about the issues in this case. Thank you. Clerk thank you. The appellant, ms. Lau, i believe, she is calling in. I dont know how we would determine how did we do that last time, john, to determine that was her. Well, there is i will go through the callers that have their hands raised. Well try that. Clerk let me give you the host duties back. Call 831524, are you ms. Lau . I am not. Are you ms. Lau. I am on behalf of the tenants. One moment. Thank you. Caller 628800, are you ms. Lau . No, im not. Thank you. Caller 415694, are you ms. Lau . I am not. None of the callers who have their hands raised are ms. Lau. If ms. Lau is listening, please dial star 3. Okay. Should we give a oneminute grace period . Or moving on . Clerk sure. I was thinking she was going to be on the call because she also called this morning to say she was calling in. President she called in last month. Clerk i was assuming she called in this time. There is one more caller that hasnt raised their hand and i can try them. Okay. Hello . Are you ms. Lau . Hello . Hello . Is this ms. Lau . Yes. I am here for the appeal case 6878. Here we go. Ms. Lau, you have seven minutes. I will begin the time now. Thank you, maam. Good morning, commissioners. Good morning, everybody. I appreciated the opportunity to bring forward my case. This is a three citation all initial by inspector Liam Mccarthy originally start out with the shower was leaking. And then actually we went through the first citation. I got the extension, but now i appeal the second citation and the third, but for some reason one citation is not on the agenda today. So i guess well deal with that later even though i filed the appeal paper, and i paid the fee. But it is not on the agenda. So well deal with that one later, but the one on the agenda today is the citation 202047031. And due to multiple hardship after the covid, the procedure was changed. We had a hard time trying to get the plumbing permit. We waited for quite a bit. We finally got it. And then later we were told we also need a Building Permit. And we went ahead and applied the Building Permit. Submit the plans. But for some reason over the counter the clerk for some reason did not take in the plans. So last week actually more than a week ago i was under instruction to resubmit the plan again. Currently it is under submission for the approval of the plan. We went ahead and we did the unit where they complained. The tenant did not complain but the inspector give us a citation for unit 205 due to the unit above and the tenant did not put the shower within the tub, so therefore some leaking water stain on the ceiling of 205, which thats already been taken care of. And that citation number is 202053341 which is not on the agenda today. The one on the agenda today is regarding the shower room we need to pull the tile back. Again, we have multiple problem due to hard to find workers and also the tenant, it was not cooperative in the beginning. Later since theyre okay. They are more cooperative now, but of which they did not before. So were requesting since we are having the hardship and the procedure problem and the plans refused by the d. B. A. Clerk did not take in and we encounter many, many problems that i call the inspector and try to work with him, raise questions, try to follow up with him. And send email, making calls, inspector mccarthy did not respond. I finally had to call the different inspector, matt luten, who is very, very helpful. And he helped me even arrange the final inspection that the citation which is not on today. So i mean, when we encounter all these problems, it is beyond our control. So we feel that it is not fair that we should be charged, penalized, and i am requesting is to waive the assessment charges and fines and interest. Bottom line is all along we tried to comply the citation, tried to take care of the problem, and work with inspector but we encounter so many snags and problems and one after the other, delays, and so its really beyond our control. Does anybody have any question, i would be happy to answer. Clerk so at this time is this the completion of your testimony . Because the next step will be Public Comment and rebuttal. But you still have some time, ms. Lau, if you would like to use the rest of your time. We have the exte