and these are here if you have any questions. >> i suggest you put them on the overhead. >> is under the porch. this is exhibit two. this is extending -- >> can you turn them in the correct -- >> sorry. this is the dry-rotted stairs.

this shows all the complaints from the appellant from 2005. they have all been investigated or are not active anymore. this is the diagram showing when those -- windows. it is included in the brief. >> i was mostly interested in the color photograph, thank you. commissioner garcia: this is a permit for the stairs in the backyard and to comply with the nov. what is the scope of the nov under this permit?

i will wait to ask mr. the feedback -- duffy that. >> thank you. >> it is really just a typical permit that we see. the drawings to less than 50% and we go out and inspected. it's this year to comply with the notice of violation. and there is a complaint that got investigated. the cases of them.

there was an issue ready on the same day as the complaint, filed. what happened was, the permit for the property line whistling in expired system. -- that was showing an inspired as the = --r expired system. it had been completed. we corrected that. the property line was signed off in 2007 but not reflected in out system. for some reason, one of the inspectors -- we corrected that error.

the department does not have any issues with the permit. president goh: just for clarification, the sperm that has nothing to comply with it kolkhoz there is no notice of violation, it should probably not say that. president goh: thanks. commissioner fung: did you look into the co conformance? >> i saw it in the brief, but i was mostly interested in the stair work. from my research, if you have an existing property line window, you can replace it in kind.

there is no working property under appeal. it is just the rear of stairs. >> what about the allegation that it was replaced in kind. it was out of the and provides access to that room. >> i believe there was only one window in the room. >> this appeal was based on -- i never really pay much attention to the windows. >> how would this board deal with the issue if there is an issue that the window is being

used for that. >> is more of trespassing issue and call the police. we have property line windows. i know i see property line windows open all over the city. and you can't change that if it was an existing window. if it changes in size or location, you are not replacing in kind. but you have would have an open window to someone's roof, you should not go through it. commissioner garcia: we had a case that was before us three or four times the was not resolved.

>> because a veteran, you need egress from there. commissioner fung: one last question. there appears to of been a number of complaints. i don't see a record of that, but the standard departmental procedure is when an inspector goes outut and looks at it? >> it gets a complaint number and investigate the best they can. the the right of for a violation or of the. -- abate it. they have all been abated for various reasons. that would have been a notice of violation.

the are no active complaint at the moment. we've had a lot of complaints on it. commissioner garcia: the only one has to do with the window being replaced without benefit of the permit? that's the -- >> yes. i'm not sure if we wrote about one up. there is a complaint made about it, but i don't know if there was a notice of violation. i did not have time to go through them all. it is a lot foof work going through each one. commissioner garcia: the record would not indicate a history or record of serial abuse of building codes? >> no, i wouldn't say so.

i wouldn't say that. i don't think so. there are a lot of complaints. if someone thinks there is a lot more work done without a permit, we can go out there. we have investigated 16 there already. president goh: any public comment? we will move into rebuttal. commissioner garcia: is your foot really hurt? or are you doing that% of the? -- for sympathy? >> i wouldn't go that far.

this is fine, i've been sitting for awhile. >> unfortunately, making complaints and having a quick visit does not solve the problem. the continue doing it and i was just trying to see if we could get something in place here tonight. one of the problems with shooting first and asking questions later, having someone beside you later is it is going to be difficult for someone to go back and try to figure out what the window was changed. whether the work was done to change the structure of the house. we're having to constantly be behind gears, if you will.

that is why there are so many complaints. if there is a process by which the investigations of our complaint by the billing department not include interviews with the owners or fixtures of what this place might have been, who is not the landowner. it is something that we are trying to avoid and not abuse. that is why the appeal tonight. to try to retain some order and right a ship. commissioner fung: you indicated that you or your client offered mediation. what kind? >> there are a lot of disputes,

it might be outside the purview of this board. there is a lot of rambunctious behavior next door that we feel the new structure of the building foster's. we sent a letter asking to respond before type of the hearing on. -- tonight's hearing. i did not limit it to any foru m, and i didn't limit it to community boards. we wanted to sit around with a neutral panel to try to resolve this. we can only do that. >> i have a question also. it mentions the complaints happening in the past and the need for greater a valuation, just a quick stop.

you said something about in court, you have discovery with photos and maybe statements from prior owners and what not. for those materials ever provided? where they reluctant? the property line when the issue, if the question is if it existed before or in size, if you have a photo to show, it might have been helpful. >> it is a great question. there are a lot of photographs, and amazingly, that window -- and there is nothing i can show you tonight that is glaring before and after. where litigation would get us is subpoenas. it is shutting down stuff.

as attorneys, we have to respect the system. if we can shave the sheep and other way, we would like to do that. >> there are limited resources as well. potentially not the way to win over a very thorough evaluation. >> it might not have to of been 16 times. >> would you mind walking me through the flood of? -- in the photo? >> we start here, correct?

if i could call the appellant appear, that might be more helpful. the first page of n. >> describe what these pictures represent and why they were included. >> the photo here is where it has been started. it was prior to a permit being issued by the department building. -- department of building inspection. i went down and filed a complaint for work proceeding

that had not been permitted. they had taken a lot of wood into the backyard. i thought it was going to be more than what the permit had been issued for, the 50% of stairs to be repaired. they are rotted all the way through. in the next picture here is looking down on these two. from my roof, with a potted plants were put on my roof by the neighbors next door. >> did you askt hem to -- ask them to remove them? >> they have been removed.

the stoop is an issue. it allows egress. the photos here from six years ago. they show, let me see. they show this to our event from in front of the window that was installed. that is the window that was replaced. i believe you can see a difference in color were the titles are more pink at the bottom. originally, the windows came of the way down to the gray area in the photo. it is now up higher by about 3 inches.

it opens and allows egress to the roof. the fed did you call the police? >> i did. >> do you have a report? >> no. they instruct me to call the police every time to make sure that i get a cad number. i have requeste that information. the next photograph is from my backyard looking up at the -- whoops. looking up at the door from the top of the stairway. that is something that they have on a clothesline. >> what is the importance of the photograph? >> i'm not sure, to be

honest. >> i thought it was the same front of the house. >> my house is the house that's white on the side. we had a tent up. >> what is the next picture? the front of the house? >> my house is the house on the right. >> these are also photographs of the work that was being done. this is all of the lumber that is being brought in. and another worker down at the base.

>> this is a photo of the chimney that was originally on the building. it is my belief that some much work and renovation was done inside of the building that it caused the chimney to fall on my roof. the fire department had to come over. >> that is not related to this permit, right? >> no. it is related to the issue of the permit abuse going on and the fact that she begins work and retroactively goes after a permanent. president goh: the first page that you went through was really helpful for me to understand

what was being represented. i think that is good for now. commissioner garcia: the window is 3 inches higher that had been before? i imagining there is some tolerance that is allowed when you replace a window. if it were 3 inches lower, with its goal provide access? >> the original window was an aluminum sliding window. there is now a window where the bedroom is. >> allows access.

>> as far as construction, the window itself would be diminished. they are all kind of interconnected. it is now a bedroom were living quarters. and >> had just kind of foster's -- >> it just kind of foster's a living environment that is like chasing the dragon scale. -- dragon's taile. i'm not 100% sure, i don't have enough information to tell you under oath. but i would suggest that it is likely room built without permits. and my belief is that when the department of building inspector comes to investigate, the line is that we did not do any work in here and he leaves. commissioner garcia: the fact that she uses a bedroom, you are not suggesting that as a

violation of the building or planning code? >> not tonight. president goh: thank you. you have three minutes of rebuttal. >> i would like to show the permits. it was permitted on may 23. and i think that the of poland's request to its -- i think that the appellants request id. -- requested it. it was suspended on june 1.

and also, i wanted to say that the tenants, can they come and talk? i don't live there. can tenants come and talk about the complaints? president goh: is there time? >> yes. commissioner garcia: let's not get into that. president goh: just say your name. were you here at the very beginning of the hearing? you didn't swear? >> i am a tenant in the house.

the stairs are a big problem because the bottom part is rotten. the permit is necessary because it -- we have friends over and a garden back there. we don't climb out the window onto your roof. i wanted to impress that it is important that we get his permit - -this -- this permit. we have friends over, we like having barbecues and it's important we get it. president goh: how long have you lived there? >> since january cl. president goh: is the room a bedroom? >> yes. president goh: is it a bedrrooom

in your unit? >> yes. there are three of us, i'm on the top floor. president goh: is it a separate unit from the rest of the building? >> the top floor is a separate unit. the outside downstairs is communal. top and bottom. commissioner hwang: the property line window is not part of your unit? it is? thank you. president goh: you have another minute if you want to use it.

is there a need for a translator? we can expand your time to allow for that. just -- could you approach? commissioner hwang: if you want to speak, your daughter can translate for you. we will allow time for the translation. >> i own the building, but [

speaking foreign language].

commissioner garcia: we understood. >> [unintelligible]