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Board sets aside default in Trigger noise penalty case; jurisdiction hearing set for Aug. 10
Summary
The board agreed to set aside its May default in the Trigger noise case at 2344 Market Street and scheduled a new jurisdictional hearing for August 10, citing procedural confusion; Planning staff reported about 200 days of penalties totaling roughly $50,000.
The San Francisco Board of Appeals on July 13 agreed to set aside an earlier default in a noise enforcement case involving Trigger, a business at 2344 Market Street, and scheduled a new jurisdictional hearing for Aug. 10.
Attorney and agent Jeremy Paul told the board that Trigger had repeatedly tried to remedy alleged sound violations and that the penalties jeopardized the business. "These penalties really challenge the economic viability of this business and it would be a terrible shame to see this cause the loss of an important business in the Upper Market District," Paul said.
Planning Department representative Scott Sanchez summarized a lengthy enforcement history dating to February 2009 and said there are roughly 200 days of outstanding penalties amounting to about $50,000. Neighbors and a neighborhood association president urged the board not to grant a hearing and to let the fine stand, citing repeated noncompliance.
Several commissioners said the requester’s failure to appear at the original hearing appeared inadvertent and that fairness favored allowing the matter to be heard. The board voted 4–0 to set aside its prior decision; the petitioner may pursue a jurisdictional hearing on Aug. 10. If jurisdiction is granted at that later hearing, the matter would move to a penalty appeal on the merits.
Next steps: Board staff will docket the jurisdictional hearing for Aug. 10 and Planning will continue enforcement monitoring in the interim.
