mr. kornfield, anything to add? vice president goh: i have a question for mr. kornfield. commissioner fung had asked last time what are the permits that are needed for this kind of a thing. i think the question about permits might have been directed -- >> i can give you my opinion at the moment, if you like. there are the electrical permits to provide electrical service, in this involves the equipment itself in the backyard. -- and this involves the equipment itself. i know it is a large and heavy piece of equipment. i would not consider it to be a serious safety hazard. typically, notwithstanding outside of this case, other than the letter of system, i cannot actually imagine that we would require a building permit for the compressor itself. if it was in a location where it might block an exit or cause a hazardous condition, perhaps we would consider that, but the foundation itself is not a structural issue. i just do not think that this rises to a level -- it is not specifically exempts either. vice president goh: at the last hearing, and maybe this came from mr. sanche

mr. corn field -- kornfield. >> laurence kornfield, department of building inspection. we have no direct knowledge of work that may have been done. we did receive complaints, where no one actually personally that i understand saw work that had been done prior. president peterson: i am just going to follow up on when those complaints were lodged. ok, thank you. >> ok, one complaint. it was received on june 8. 2010. for -- i need to get -- let's see. let me look at this other one here. june 8, ok, 2010, started construction before the permit was issued, a large amount of construction going on, construction should be in the commercial unix only, and it was received on june eightball -- on june 8, but i do not see that an inspector went out. there is a complete from may 28. -- a complaint. that complaint was received in the building inspection division, and it appears to be -- it says police department. i do not know if it is from the police department. construction is in accordance with approved plans, and that is may 28, and, let's see, we have a complaint received on jun

mr. kornfield, did you have a chance to read these? >> i read them, but not thoroughly. vice president goh: item four, written by the deputy city attorney gessner, it makes one wonder that in ordinary circumstances, if someone comes before this board and files the jurisdiction, would this normally caused a permit to be suspended? >> no. if there is a request, we do not suspend the permit. we do not suspended -- suspended. that means all construction activity, it is allowed to take place during that period. vice president goh: -- commissioner garcia: the hearing itself was on the 30th. is this important in terms of a suspension should have been issued? >> >> the hearing on the 30 it was for the jurisdiction request. vice president goh: commissioner garcia: -- at that time, it was already issued? i thank you for your time. >> now, we can take public comment. president peterson: you have three minutes. >> my name is -- i have been before you before for the same issue. i was not aware of what the issues were, or i would of been able to bring pictures. i did take pictures as

mr. kornfield wants to. >> we have elections. >> could i look at the ritz in submittals rather than going to the oral testimony to consider whether permits would be required, or did you actually want me to go through the testimony? commissioner fung: i think kirsten submittals is fine. >> ok. -- whitson submittals is fine. -- written submittals is fine. >> ok. vice president goh: whether or not they were replaced, whether or not that is in the record. commissioner fung: it was in the contractor is a declaration. vice president goh: thanks. vice president goh: i have a question about the 19th. we have other items to be heard, as well. how many? 6, 7, 8? >> yes, there will be election of officers. commissioner garcia: that usually takes five minutes. >> oh this is to continue it until january 19 with some briefing and some exhibits allowed. i think we should specify how many pages you are interested in seeing and exactly what topics you want to see it on, and my recommendation is that both parties to submit the thursday prior, as opposed to having rebuttal. commissioner fung: commissioners,

mr. kornfield, is it your opinion that this board should consider the effects of noise on neighbors and tenants? >> i think that is a legitimate concern for the board, and i say that because the building code since 1974 has addressed noise concern for individual -- for residential units. noise concerns have to be addressed to reduce outside noise, between us, as well, so i think it is in the legitimate code issue, one that would be legitimately be before the board, in my you personally. commissioner garcia: maybe this is not a question for you, but if this individual is a tenant and had some legitimate lease, although the true owner of the building could get a permit to put this compressor in that portion of the property that is under lease, by this tenant, is that -- >> that, i cannot answer about who's right. commissioner garcia: i guess the better way to ask this is it seems we have had issues before the board whereby no one can get a permit on someone else's property, and as a lessee, that is temporarily or property, so -- >> either the owner or the owner's agent can get a permit, so they c

mr. kornfield. however, part of the question relates to the validity of the permit. if they are intending to ask for a position from this board on the validity of work and the scope of work, then we need to see the documents. the permits. >> would you need to see that in order to have a continuance? commissioner fung: no. i am saying if there is no resolution prior to this case, before that next during we would need to see the permits. >> of course. would you like to hear from the parties? president peterson: how long on the continuance? >> i would have to ask them. president peterson: ok. >> good evening, commissioners. jeffrey chen for the permit holder. good evening, commissioners. >> john chiao for the repellents. we do request a continuance. my client's architect will be dropped plans to see if we can have some kind of drawing complies with building goals. the idea would be to submit to the city and the neighbors for their approval and then resubmit to the board for determination. there could be revised permit issued. commissioner fung: how long of a continuance

mr. snyder, it did you have any comments that you would let to say? is there any public comment on this item? ok, commissioners, if you choose to follow what deputy director kornfield is suggesting, you could make a motion to reduce the penalty. president peterson: so moved. commissioner garcia: before we vote, could i ask what type of windows are now there? >> laurence kornfield, the department of building inspection. my understanding after talking to the chief inspector for the district, the windows were installed, shape and size reduced, and changed the material, and the permit applicant removed all of that and restored them to their original construction type. at great expense. commissioner garcia: thank you. and thank you. >> call the roll, please? >> on the motion to reduce the penalty to two times the regular fee -- [roll call vote] thank you, the vote is 5-0, the plea is reduced to two times. it -- the penalty is reduced to two items. >> we move to agenda item one. is there any member of the public would like to speak on any item that is not on tonight's agenda? please step forward. >> the overhead, please? good evening, president and commissioners. i have