HomeMy WebLinkAboutContracts & Agreements_220-2018 I CURTIS R WRIGHT, CBN 273323 Exempt from filing fees pursuant to
RENE L FARJEAT,CBN 301188 Government Code section 6103
2 RFarJeat@SilveiWtightLaw com
SILVER&WRIGHT LLP
3 3350 Shelby Street, Suite 250
Ontatio, California 91764
4 Phone 949-385-6431
Fax 949-385-6428
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Attorneys for Petitioner
6 City of Redlands
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8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF SAN BERNARDINO
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l I ESTATE OF, Lead Case Number PROPS1400379
Consolidated with CIVDS1600659
�. 12 THOI VAN PHAM aka Action Filed June 23, 2014
PHAM VAN THOI
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Decedent SETTLEMENT AGREEMENT BY AND
m 14 BETWEEN CITY OF RE,DLANDS AND
ESTATE OF THOI VAN PHAM AKA
15 CITY OF REDLANDS, a California municipal PRAM VAN THOI, AND
corporation, [PROPOSED] ORDER
� Z 16
�I L
> Petitioner,
17 v Judge Hon Tara Reilly
Dept S37
18 NANCY ROCCHWO, an individual,
THOI VAN PHAM, an individual,
19 JOHN PHAM, an individual, Heating
MIKE PHAM, an individual, Date Monday,November 26, 2018
20 KIM CHI PHAM, an individual, Time 8 30 a m
RUTH L HENRICKS,as special administrator for
21 the estate of Thor Van Pham,
JAMES PHAM, an individual, and,
22 DOES 4 through 50, inclusive,
23 Respondents
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SETTLEMENT AGREEMENT BETWEEN CITY AND ESTATE, [PROPOSED] ORDER
I SETTLEMENT AGREEMENT BY AND BETWEEN
2 CITY OF REDLANDS AND ESTATE OF THOI VAN PRAM AKA PHAM VAN THOI
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4 This Settlement Agreement and [Proposed] Ordei ("Agreement") is made and entered into
5 between Petitionei City of Redlands ("City") and the Estate of Thoi Van Pham aka Pham Van Thoi, by
6 and through its special administrator Respondent Ruth L lleniicks ("Estate") The City and the Estate
7 are sometimes individually referred to herein as a "Party" and, together, as the"Parties "
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9 I RECITALS
10 A The Estate controls title to the parcel of residential real property known as 316 East Clark
l 1 Street, Redlands, California 92373, county of San Bernardino Assessor's Parcel Number 0171-381-24-
12 0-000 ("Property")
F 13 B The City contends that the Property contains dangerous conditions and violations of State
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14 and local laws including, but not limited to, the Redlands Municipal Code ("RMC"), the California
15 Building Standards Code ("CBSC"), and the California Health and Safety Code ("H&S"), which pose a
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a Z 16 substantial danger to the health and safety of the Property's residents and neighbors, as well the public
x 17 in general The Property constitutes. a public nuisance
18 C The City has been working to gang compliance on the Property since at least Novembet
19 2014
20 D On Novembet 19, 2015, the City issued a Legal Notice and Order to Repair of Abate
21 ("N&O") for the Property,pursuant to H&S section 17980 6, specifying the numerous violations of law
22 identified on the Property and order ing the complete rehabilitation of the Property to be completed within
23 30 days—by December 19,2015
24 E To date, the alleged violations on the Property remain unabated, and the Property remains
25 substandard and a danger to the community
26 F There is an ongoing probate action known as Estate of Thor Van Pham aka Pham Van Thoi
27 to San Bernardino County Superior Court, case number PROPS1400379 ("Probate Action")
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SETTLEMENT AGREEMENT BETWEEN CITY AND ESTATE, [PROPOSED] ORDER
I G On January 19, 2016, the City filed a civil action known as City of Redlands v Nancy
2 Rocchino, et al ,case numbet C1VDS1600659,in San Bernardino County Superior Court("Receivership
3 Action"), seeking an order appointing a court receives ovet the Property to take possession and control
4 of the Property in order to rehabilitate the substantially dangerous and substandard violations of law and
5 other nuisance conditions thereon pursuant to H&S section 17980 7(c) The Receivership Action has
6 been consolidated into the Probate Action
7 H The Estate represents that it has entered into a purchase and sale agreement with Living
8 Stone Properties, LLC ("Buyer") regarding the Property
9 I Concurrently with this Agreement, the City and the Buyer are entering into a Compliance
10 Agreement to help ensure rehabilitation of the Property As part of the Compliance Agreement, the
I I Buyei has acknowledged that it is responsible for abating all current violations of law on the Property,
1.2 has agreed to correct the violations by a firm deadline, and has stipulated to the appointment of a court
r 13 receiver over the Property should the Buyet fail to comply with the terms of the Compliance Agreement
14 J The City is authorized by law to seek the rehabilitation of the Property and recover its
15 enforcement costs and fees regarding the Property by various means, including seeking the appointment
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a_ z 16 of a court receiver over the Property Nonetheless, the City is in good faith willing to work
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17 collaboratively with the Estate and the Buyer by entering into this Agreement and the Compliance
18 Agreement to avoid unnecessary litigation and hardship
19 K This Agreement, and the Compliance Agreement entered into with the Buyer, are intended
20 to resolve the ongoing violations of State and local laws occurring on the Property by providing a firm
21 deadline by which the violations must be corrected by the Buyer These agreements are also intended
22 to ensure continuing compliance on the Property and reimbursement to the City for its fees and costs
23 incurred in this enforcement effort so that additional litigation may be avoided
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25 II. AGREEMENT
26 Therefore,the City and the Estate agree as follows
27 1 Recitals The Parties acknowledge and agree that all of the statements in the Recitals are
28 true and correct to the best of their knowledge The Recitals are hereby incorporated into and made part
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SETTLEMENT AGREEMENT BETWEEN CITY AND ESTATE, [PROPOSED]ORDER
I of this Agreement to the same extent and the same effect as if fully set forth herein
2 2 Violations of Law The Property is a public nuisance under the RMC and other applicable
3 laws The violations of law present on the Property include, but are not limited to, violations of the
4 RMC, the CBSC, the H&S, the Califoinia Building Code ("CBC"), the California Residential Code
5 ("CRC"), the California Fire Code ("CFC"), the California Eleett ical Code ("CEC"), the California
6 Plumbing Code ("CPC"), the California Mechanical Code ("CMC"), and the Uniform Housing Code
7 ("UHC") The violations on the Property substantially endanger the health and safety of potential
8 occupants, neighbors, and the community in general Specifically, the violations currently known to
9 exist on the Property include, but are not limited to, all those violations listed in the City's N&O that is
10 attached hereto as Exhibit "A" and which is incorporated herein by this reference The City agrees to
11 execute the Compliance Agreement with Buyer, a copy of which is attached hereto as Exhibit"B"
12 3 City's Enforcement Costs. The Estate agrees that the City shall be reimbursed its court
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x 13 awarded enforcement costs, inspection costs, staff costs, litigation costs, attorneys' fees, and other costs
14 relating to the City's enforcement efforts regarding the Property before the close of escrow as part of the
15 sale of the Property by the Estate ("Enforcement Costs") In particular, the parties agree that the City
z 16 will be reimbursed only those Enforcement Costs awarded by the Probate Court in the Probate Action,
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17 and that the City's Enforcement Costs incurred piioi to the close of escrow shall be deemed satisfied
18 when paid through escrow as provided in this Section Upon frill payment of the City's Enforcement
19 Costs before the close of escrow as provided in this Section, the Estate shall not be liable for any
20 enforcement costs of the City regarding the Property incurred after the close of escrow, the Buyer shall
21 be liable foi any such costs as provided by law and the Compliance Agreement Any payment pursuant
22 to this Section shall be made by Cashier's Check payable to the "City of Redlands" Payment shall be
23 remitted to Post Office Box 18378, Irvine, California 92623
24 4 Notice of Pendency of Action On condition of payment of the City's Enforcement Costs
25 before the close of escrow as provided for in this Agreement, the City agrees to prepare and submit to
26 escrow a withdrawal of the Notice of Pendency of Action to Abate Nuisance ("NoP") recorded against
27 the Property on December 8,2015 as instrument number 20I5-0534846 with the San Bernardino County
28 Recorder
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SETTLEMENT AGREEMENT BETWEEN CITY AND ESTATE, [PROPOSED] ORDER
1 5 Lis Pendens On condition of payment of the City's Enforcement Costs before the close of
2 escrow as provided foi in this Agreement,the City agrees to prepare and submit to escrow a withdrawal
3 of the Notice of Pendency of Action ("Lis Pendens") recorded against the Property on March 1,2016 as
4 instrument number 2016-0078534 with the San Beinardmo County Recordet
5 6 Venue The Parties stipulate to transfer venue foi the Receivership Action back to the Civil
6 Division of San Bernardino County Supei lot COui-t ("Court") following transfer of title foi the Property
7 from the Estate to the Buyei Should the need to file any separate civil action to enforce this Agreement
8 of the Compliance Agreement arise at any point, the venue foi any such action shall be in the Civil
9 Division of the Court In executing this Agreement, the Parties hereby specifically agree and stipulate
10 that the Civil Division of the Court shall have jurisdiction to enforce the terms hereof pursuant to Code
11 of Civil Procedure section 664 6, as well as any othet applicable statutes and rules, regardless of the
a 12 procedural history of the Receivership Action
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13 7 Dismissal of Estate Upon full payment of the City's Enforcement Costs as provided in this
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14 Agreement, transfer of title foi the Property to the Buyei, and transfer of venue for the Receivership
15 Action back to the Civil Division of the Court, the Estate shall be dismissed from the Receivership
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Z 16 Action
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17 8 Receivership Action Stay Upon execution of this Agreement and the Compliance
18 Agreement, full payment of the City's Enforcement Costs as provided herein, successful transfei of title
19 foi the Property to the Buyer,and transfer of venue foi the Receivership Action back to the Civil Division
20 of the Court, the City will request a stay of the Receivership Action pending full rehabilitation of the
21 Property in accordance with the Compliance Agreement
22 a) Full Rehabilitation In the event the Property is fully rehabilitated and the City's
23 cost recovery rights are fully paid in compliance with the terms of this Agreement and the Compliance
24 Agreement,the City will dismiss the Receivership Action
25 b) Failure to Rehabilitate In the event the terms of the Compliance Agreement
26 related to rehabilitation of the Property of payment of the City's cost recovery rights are breached, the
27 City shall be authorized to lift the stay, add the Buyer as a party to the Receivership Action,and proceed
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SETTLEMENT AGREEMENT BETWEEN CITY AND ESTATE, [PROPOSED] ORDER
I with the Receivership Action to obtain all the relief requested, including, but not limited to, the
2 appointment of a court receives to fully rehabilitate the Property and pay the City's cost recovery i ights
3 9 Costs to Enfoi ce Agreement. The prevailing Party in any dispute to enforce of interpret
4 this Agreement shall be entitled to recover its reasonable costs and attorneys' fees arising from the
5 dispute from the non-prevailing Party
6 10 Reservation of Rights. The City hereby reserves its light to enforce future violations of
7 law on the Property of those violations currently unknown, as provided by law, and shall be entitled to
8 recovei its full attorneys' fees and costs associated with any future enforcement action as provided by
9 the RMC and State law
10 11 Release of Liability The Estate hereby releases the City, its agents, employees, attorneys,
l I elected officials, appointed officials, and i epi esentatives, from any and all existing and fixture actions,
�. 12 causes of action, losses, claims, demands, damages, costs, loss of use, loss of revenue, expenses,
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r 13 compensation, and all other forms of damages ai ising from, of relating to, the code enforcement efforts
14 relating to the Property, including those which the Estate does not know at the time of executing this
15 Agreement which, if known by the Estate, might have materially affected this Agreement Howevei,
16 this release provision does not extinguish,release,or discharge any of the obligations and rights set forth
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17 and encompassed in this Agreement The City expressly reserves its rights to take enforcement action
18 relating to violations on the Property, relating to cost recovery, and other rights of the City The Parties
19 reserve all rights, defenses,privileges, immunities, and claims they may have against each other arising
20 under this Agreement until there is full performance by each
21 12 Civil Code Section 1542 Waiver The Estate further waives its respective rights arising
22 under Civil Code section 1542, which reads as follows
23 A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH
THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS
24 OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE,
WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY
25 AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR
26 a) The Estate represents and warrants that it understands and acknowledges the
27 significance and consequence of this waiver of Civil Code section 1542 The Estate further waives any
28 provisions that may exist under federal law, or the laws of any other state that may have jurisdiction over
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SETTLEMENT AGREEMENT BETWEEN CITY AND ESTATE [PROPOSED] ORDER
I the claims released herein, that are similai in language, purpose, of effect to Civil Code section 1542
2 Except as otherwise expressly provided in this Agreement, the Estate agrees that (a) this Agreement
3 shall be effective as a bat, waives, and release of each and every known of unknown clairn, demand,
4 cause of action, obligation, damage, and liability mentioned in this Agreement, and (b) it is the Estate's
5 intent to provide a full and final release of all claims against and obligations of any and all releases
6 referred to above, including claims and obligations that are not presently known of anticipated
7 13 Legal Notices Notices relating to this Agreement must be in writing and sent to the physical
8 addresses set forth below A Party may change its address foi notices by giving notice as required by
9 this provision Wiitten notice will be considered effective (a) the day it is personally delivered of
10 actually received, (b)five business days aftei deposit with the United States Post Office as certified first-
II class mail with return receipt requested and postage prepaid, of (c)two business days after deposit with
c. z 12 a reputable overnight delivery service foi next day delivery
x 13 a) City
14 City Clerk, City of Redlands
15 Postal Office Box 3005
16 Redlands, California 92373, and
W 17 Daniel J McHugh, Esq
18 Postal Office Box 3005
19 Redlands, California 92373
20 b) Estate
21 William J Ward, Esq
22 202 East Airport Di ive, Suite 120
23 San Bernardino, California 92408, and
24 Bryan C. Hartnell, Esq
25 25757 Redlands Boulevard
26 Redlands, California 92373
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SETTLEMENT AGREEMENT BETWEEN CITY AND ESTATE,[PROPOSED] ORDER
I 14 Successoi s This Agreement and all terms,conditions, and obligations contained herein are
2 bonding upon and inure to the benefit of any successors-in-interest of tine parties, including the Buyei,
3 and may be recorded by tine City on title to the Property with the San Bernardino County Recordei
4 15 Transfers Neithei this Agreement, not any interest, tight, duty, of obligation herein, may
5 be transferred, assigned, delegated, conveyed, hypothecated, of encumbered without the prior written
6 approval of the parties
7 16 Governing Law This Agreement shall be governed by, and interpreted in accordance with,
8 the laws of the State of California
9 17 Modification, This Agreement can only be changed, modified, amended, supplemented, of
10 rescinded in a separate wi sting signed by all Parties
11 18 Waivers A waiver of any provision of this Agreement must be in wt iting Failure to insist
�. 12 upon strict performance of any provision, right, duty, or obligation in this Agreement is not a waives of
s 13 the i ight to future enforcement of that provision,t ight, duty,or obligation,not any othet provision,right,
14 duty, or obligation
15 19 Third party Beneficiaries Nothing in this Agreement, express of implied, is intended to of
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I6 shall confer upon any person of entity, other than the Parties to this Agreement and their respective
17 successors and permitted assigns, any legal or equitable right, benefit, of remedy of any nature under of
18 by reason of this Agreement
19 20 Severability if any of the provisions of this Agreement are found to be unenforceable,
20 those provisions shall be reformed to prevent the unenforceable result in a mannei that best preserves
21 the original intent of the provision to the fullest extent possible, and all other provisions of this
22 Agreement shall remain in full force and effect
23 21 Integration This Agreement constitutes the final, complete, and exclusive expression of
24 all the terms and provisions of the agreement between the Parties This Agreement supersedes any
25 previous agreements of negotiations between the parties, whether oral or written
26 22 Legal Counsel The parties represent that they have discussed this Agreement with their
27 respective legal counsel, and this Agreement shall not be interpreted in favor of, or against, any Party
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SETTLEMENT AGREEMENT BETWEEN CITY AND ESTATE [PROPOSED]ORDER
1 23 Counterparts This Agreement may be signed in counterparts, each of which shall
2 constitute an original
3 24 Authority. The signatories represent and warrant that they were duly authorized to execute
4 this Agreement, and the Parties hereby agree to all the terms and conditions set forth in this Agreement
5 25 Express Conditions Precedent to Agreement There are express conditions precedent to
6 this Agreement They are- (a) Court approval of this Agreement in an order containing the terms of this
7 Agreement, and (b) finality of the Court's order approving this Agreement This Agreement will have
8 no force or effect unless all express conditions precedent have been satisfied Furthermore, in the event
9 this Agreement is not approved by the court,this Agreement shall have no force or effect
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a� 12 Dated I�O��f�� � ��.., zo�� C D nii3s
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�< 14 B .
aul Barich
w15 Mayor Pro Tempore
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18 Dated. A0k?1V%-?WL ESTATE OF THOI VAN PHAM
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21 Ruth L. Henricks,Special
Administrator
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SETTLEMENT AGREEMENT BETWEEN CITY AND ESTATE,[PROPOSED]ORDER
I III [PROPOSED] ORDER
2 Good cause appear ing therefore,the Court ACCEPTS, RATIFIES, and ORDERS into effect this
3 Agreement
4 IT IS 17URTHE-R ORDERED THAT the Estate shall reimburse the City fot the City's
5 Enforcement Costs regarding the Property in the amount of$ before the close
6 of escrow as part of the sale of the Property
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8 IT IS SO ORDERED
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10 Dated
11 JUDGE OF THE SUPERIOR COURT
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SETTLEMENT AGREEMENT BETWEEN CITY AND ESTATE, [PROPOSED] ORDER
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14 EXHIBIT A
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a 12 LEGAL NOTICE AND ORDER TO REPAIR OR ABATE
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x r 13 ISSUED NOVEMBER 19, 2015
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-EXHTB TT A-
N&O
City of
� REDLANDS
Quality of Life Incorporated 1888
Administration 35 Cajon Street, Suite 222 Redlands, CA 92373
909-798-7655
cltyofredlands org
LEGAL NOTICE
AND
ORDER TO REPAIR OR ABATE
[Issued pursuant to Health and Safety Code section 17980 et sequentes ]
DELIVERED VIA POSTING ON NUISANCE PROPERTY AND FIRST CLASS MAIL To INTERESTED
PARTIES
Dated November 19, 2015
Nuisance Property 316 East Clark Street
Redlands, California 92373
APN 0171-381-24
Compliance Initiation Deadline November 29, 2015 (10 Days)
Compliance Completion Deadline- December 19, 2015 (30 Days)
Interested Parties
Thoi Van Pham Nancy Rocchlno
11141 Scotscralg Ct 11141 Scots era lg Ct
Las Vegas,NV 89141 Las Vegas, NV 89141
Thoi Van Pham Nancy Rocchlno
316 East Clark Street 316 East Clark Street
Redlands, CA 92373 Redlands, CA 92373
Thoi Van Pham Nancy Rocchmo
10956 Fintry Hills Street 10956 Flntry Hills Street
Las Vegas,NV 89141 Las Vegas,NV 89141
Mike Pham John Pham
316 East Clark Street 316 East Clark Street
Redlands, CA 92373 Redlands, CA 92373
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LEGAL NOTICE AND ORDER TO REPAIR OR ABATE
To All Interested Pai ties
This Legal Notice And Ordei To Repast Ot Abate ("N&O") is issued pursuant to Health
and Safety Code sections 17980 et sequentes It has been determined by the City of Redlands
("City") that the parcel of real property located at the Assessor's Parcel Number ("APN") and
address identified above ("Nuisance Property") contains unlawful conditions that constitute a
public nuisance and pose a substantial danger to the health, safety, and general welfare of
residents,the surrounding community, and the public These unlawful conditions are in violation
of multiple provisions of law, including, but not limited to, the California Health and Safety
Code ("H&S"), the California Building Standards Code ("CBSC"), the California Building Code
("CBC"), the California Residential Code ("CRC"), the California Fire Code ("CFC"), the
California Electrical Code ("CEC"), the California Plumbing Code ("CPC"), the California
Mechanical Code ("CMC"), the Uniform Housing Code ("UHC"), and the Redlands Municipal
Code ("RMC")
The following unlawful conditions were identified during an inspection of the Nuisance
Property (this may not be an exhaustive list and the City retains the iight to identify further
violations)
I Unpermitted Subdivision of Nuisance Proper ty The Nuisance Property is a
single-family residential structure, but has been impermissibly subdivided into
numerous units without first obtaining the proper permits Without proper inspection
by city officials, the safety of these twits are not guaranteed and could endanger the
lives of any occupants Remove all unperrnitted subdivisions and return the
Nuisance Property to its original condition (H&S, § 17920 3(a), (n), CBC, § 116 1,
UHC, §§ 1001 3, 1001 14, RMC, §§ 8 04 150, 8 04 160, 8 08 030(B), 15 04 010,
1524010 )
2 Unsafe Dilapidated Ceiling. The ceilings are dilapidated and showing signs of
watei damage in numerous places Watet damage can lead to mold and a weakening
of the integrity of the ceiling Repair the ceilings in the Nuisance Property (H&S, §
17920 3(b), CBC, § 116 I, CFC, §§ 110 1 1, 7012, UHC, § 1001 3, RMC, §§
8 04 150, 8 08 030(B), 15 04 010, 15 20 010, 15 24 010 )
3 Unsafe Dilapidated Floors The building contains inadequate, damaged, or missing
flooring that needs to be repaired of replaced to meet building code standards to
prevent tripping and falling hazards In addition, several floors are damp to the
touch indicating water damage Water damage in the flooring can lead to mold
growth and weakens the structural integrity of the floor Repair all damaged flooring
elements (H&S, § 17920 3(b)(2), CBC, § 116 1, CFC, §§ 110 1 1, 701 2, UHC, §
1001 3, RMC, §§ 8 04 150, 8 08 030(B), 15 04 010, 15 20 010, 15 24 010 )
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LEGAL NOTICE AND ORDER TO REPAIR OR ABATE
4 Unsafe Dilapidated Intei ioi Walls Interior walls are dilapidated and in need of
repair Walls throughout the Nuisance Property contain holes and show signs of
water damage Repait all intenot walls (H&S, § 17920 3(b), CBC, § 116 1, CFC,
§§ 110 1 1, 701 2, UHC, § 1001 3, RMC, §§ 8 04 150, 8 08 030(B), 15 04 010,
15 20 010, 15 24 010 )
5 Blocked Egress Routes Unpermitted additions and subdivision has impermissibly
blocked off numerous emergency egress routes In the event of a fire, first
responders will have difficulty reaching individual units, thus endangering the safety
of all occupants Remove all additions and subdivisions and return the Nuisance
Property to its original condition (H&S, § 17920 3(1), CBC, § 116 1, UHC, §§
1001 3, 1001 12, RMC, §§ 8 04 150, 8 08 030(B), 15 04 010, 15 24 010 )
6 Improper Occupancy of Garage. The garage has impermissibly been converted
into a living space with a half-bedroom and half-bathroom. The garage is not
permitted fat this use because it lacks basic habitability requirements Remove all
additions to the garage and return it to its normally untended purpose (H&S, §
17920 3(a), (n), CBC, § 116 1, UHC, §§ 1001 3, 1001 14, RMC, §§ 8 04 150,
8 04 160, 8 08 030(B), 15 04 010, 15 24 010 )
7 Mold & Water Damage. Watei damage can be seen in ceilings, walls, and flooring
throughout the Nuisance Property Watei damage can lead to mold, which places the
respiratory health of occupants in danger Test for mold, remove any mold located,
and repair all water damaged areas (H&S, § 17920 3(a)(l1), (c), CBC, § 116 1,
UHC, §§ 1001 2, 1001 11, RMC, §§ 8 04 150, 8 08 030(B), 15 04 010, 15 24 010 )
8 Severely Damaged & Inadequate Kitchen Facility The Nuisance Property lacks a
functioning kitchen facility Appliances ruin on gas power, which is shut off,
rendering all appliances inoperable In addition, kitchen sinks are not properly
installed and are leaking All damaged walls and flooring must be repaired (H&S,
§ 17920 3(a)(3), (c), (c), CBC, § 116 1, UHC, §§ 1001 2, 10014, 1001 6, RMC, §§
8 04 150, 8 08 030(B), 15 04 010, 15 24 010 )
9 Lack of Heating. The Nuisance Property lacks proper heating equipment as
required by law Propet ly functioning heating equipment is necessary for the
preservation of human health Ensure that there is properly functioning heating
equipment in the Nuisance Property (H&S, § 17920 3(a)(6), (c), CBC, § 116 1,
UHC, §§ 10012, 1001 4, RMC, §§ 8 04 150, 8 08 030(B), 15 04 010, 15 24 010 )
10 Lack of Natural Light & Ventilation The Nuisance Property lacks natural light
and ventilation required by law due to boarded up windows, which can lead to injury
or death in the event of a fire (H&S, § 17920 3(a), (c), (f), CBC, § 116 1, UHC, §§
1001 2, 1001 4, 1001 7, RMC, §§ 8 04 150, 8 08 030(B), 15 04 010, 15 24 010 }
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LEGAL NOTICE AND ORDER TO REPAIR OR ABATE
I I Missing Light Fixtures The Nuisance Property lacks propel lighting because
several lighting fixtures have been removed from the ceilings Missing and exposed
light fixtures can create a shock hazard All light fixtures must be replaced and all
exposed wring abated to meet all applicable laws and building code standards
(H&S, § 17920 3(d), CBC, § 116 1, UHC, § 1001 5, RMC, §§ 8 04 150,
8 08 030(B), 15 04 010, 15 24 010 )
12 Vei min Infestation. Rodents, insects, and other vermin inhabit the Nuisance
Property Vermin carry numerous diseases that can spread to occupants
Exterminate all vermin and pests and take appropilate steps to ensure they do not
return (H&S, § 17920 3(a)(12), 0), CBC, § 116 1, UHC, §§ 1001 2, 1001 11, RMC,
§§ 8 04 150, 8 08 030(B), 15 04 010, 15 24 010)
13 Hazardous Eleett ical Receptacles & Switches Electrical receptacles and switches
are missing faceplates and some have been removed from the wall This creates a
possible shock and file hazard to occupants All missing of damaged faceplates and
covers at receptacles and switches must be replaced to meet all applicable laws and
building code standards (H&S, § 17920 3(d), CBC, § 116 1, UHC, § 1001 5, RMC,
§§ 8 04 150, 8 08 030(B), 15 04 010, 15 24 010 )
14 Missing Dead Face The electrical box is missing a dead face and underlying wuing
and circuity is now exposed Exposed wiring can lead to shock and can potentially
become a fire hazard Secure the electrical box with a dead face (H&S, §
17920 3(d), CBC, § 116 I, UHC, § 1001 5, RMC, §§ 8 04 150, 8 08 030(B),
15 04 010, 15 24 010 )
15 Damaged & Missing Electrical Wiring The Nuisance Property lacks propel
electrical wiring Electrical wring throughout the Nuisance Property is exposed and
dangerous in many areas Repai► all wiring throughout the building to meet all
applicable laws and building code standards (H&S, § 17920 3(d), CBC, § 116 1,
UHC, § 1001 5, RMC, §§ 8 04 150, 8 08 030(B), 15 04 010, 15 24 010 )
16 Broken & Damaged Windows. The Nuisance Property contains broken and
damaged windows, which prevents proper climate regulation and invites trespassers
Repair all broken or damaged windows to meet all applicable code standards (H&S,
§ 17920 3(c), (g)(2), CBC, § 116 1, UHC, §§ 10014, 1001 8, RMC, §§ 8 04 150,
8 08 030(B), 15 04 010, 15 24 010 )
17 Damaged Foundation The foundation of the building has cracks in many places,
indicating deteriorated and inadequate foundation, which is a severe structural hazard
that can lead to injury Repairs must be made to meet all applicable laws and
building code standards (H&S, § 17920 3(b)(1), CBC, § 116 1, UHC, § 1001 3,
RMC, §§ 8 04 150, 8 08 030(B), 15 04 010, 15 24 010 )
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LEGAL NOTICE AND ORDER TO REPAIR OR ABATE
18 Impi operly Installed Water Heater The water heater that services the Nuisance
Property has been irnpropeily installed Impropetly installed water heaters can injure
occupants and damage the Nuisance Property Propei ly install the water heater
(H&S, § 17920 3(e), (f), CBC, § 116 1, UHC, §§ 1001 6, 1001 7, RMC, §§ 8 04 150,
1504010, 1524010)
19 Musing or Inopei able Bathroom Ventilation Bathrooms are other missing vents
or vents arc broken and in need of repast Propel ventilation in bathrooms are critical
to preventing mold and mildew from developing and spreading Repan or install
properly woilung vents in all bathrooms (H&S, § 17920 3(e), (f), CBC, § 116 1,
UHC, §§ 1001 6, 1001 7, RMC, §§ 8 04 150, 8 08 030(B), 15 04 010, 15 24 010 }
20 Inadequate Mechanical Equipment All mechanical equipment, including heating,
must be kept in a good and safe condition and work properly Repair of replace
missing of inadequate mechanical equipment to meet all applicable laws and
building code standards (H&S, § 17920 3(f), CBC, § 116 1, UHC, § 1001 7, RMC,
§§ 8 04 150, 15 04 010, 15 24 010 )
21 Unpermitted and Broken Wall Heaters Wall heaters that have been installed
throughout the Nuisance Property lack permits and many are broken and in need of
repan Without the proper inspection by City officials and proper maintenance, wall
heaters can become fire hazards Obtain the propel permits foi all wall heaters and
properly repair all wall heaters (H&S, § 17920 3(f), (h), CBC, § 116 1, UHC, §§
1001 7, 1001 9, RMC, §§ 8 04 150, 15 04 010, 15 24 010 )
22 Trash & Debris Accumulation The Nuisance Property contains an excessive
accumulation of unsanitary and hazardous junk, trash, and debits; all of which must
be removed and disposed of in accordance with all applicable laws This condition
creates, among other things, rodent and insect harborages and .fire hazards (H&S, §
17920 3(a)(13), (c), CBC, § 116 1, UHC, §§ 1001 2, 1001 4, 1001 9, 1001 11, RMC,
§§ 8 04 150, 8 08 030(B), 15 04 010, 15 24 010)
23 Detei iorated, Crumbling, & Loose Plaster The building contains faulty weather
protection due to deteriorated, crumbling, and loose plaster, which must be repaired
to meet all applicable laws and building code standards Deter ioratmg stucco allows
the elements to enter and damage the underlying structure (H&S, § 17920 3(g)(1),
CBC, § 116 1, UHC, § 1001 8, RMC, §§ 8 04 150, 8 08 030(A), 15 04 010,
15 24 010 )
24 Damaged & Missing Exterior Siding. The building contains faulty weather
protection due to damaged and missing exterior siding, which must be repaired or
replaced to meet all applicable laws and building code standards (H&S, §
17920 3(g)(4), CBC, § 116 1, UHC, § 1001 8, RMC, §§ 8 04 150, 8 08 030(A),
15 04 010, 15 24 010
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LEGAL NOTICE AND ORDER TO REPAIR OR ABATE
25 Missing Guai drail The front porch guardrail is missing and needs to be replaced
A guardrail is necessary to prevent individuals from falling from the porch and
possibly injuting themselves Replace the missing guardrail (H&S, § 17920 3(b),
CBC, § 116 1, UHC, § I001 3, RMC, §§ 8 04 150, 8 08 030(A), 15 04 010,
1524010 )
26 Impi opei ly Enclosed Patio The patio has been impropei ly enclosed with exposed
plywood and appears to have been occupied by tiansients Remove the improperly
exposed plywood and take proper precautions to secure the Nuisance Property from
trespassers (H&S, § 17920 3(b), CBC, § 116 1, UHC, § 1001 3, RMC, §§ 8 04 150,
8 08 030(A), 15 04 010, 15 24 010 )
27 Accumulation of Junk, Trash, Debris, & Personal Pi operty In Exterior Areas
Ci eating An Extreme Fire Danger & Blight. The Nuisance Property contains
excessive, unsanitary, and unsightly trash and debtis, such as several large pieces of
discarded furniture, a mattress, and building matetials, which can serve as a
haiborage foi rodents and can also create a fire hazard All junk, trash, and debris
must be removed and disposed of in accordance with all applicable laws (H&S, §
17920 3(a)(13), (c), 0), CBC, § 116 1, CI'C, § 110 1, UFIC, §§ 1001 2, 10014,
1001 9, 1001 11, RMC, §§ 8 04 040, 8 04 150, 15 04 010, 15 20 010, 15 24 010 )
28 Detei iorated Fencing Repair of replace damaged fencing to prevent access to the
Nuisance Property by unauthorized individuals (H&S, § 17920 3(c), CBC, § 116 1,
UHC, §1001 4, RMC, §§ 8 04 150(D), 15 04 010, 15 24 010 )
29 Overgrown Weeds The Nuisance Property contains overgrown and dead weeds and
vegetation, and generally lacks proper landscaping installation and maintenance
This is an eyesore to the community and it poses a severe fire hazard because it will
exacerbate and augment the intensity of a fire Install and maintain propel
landscaping and remove all ovetgrown weeds (H&S, § 17920 3(c), (h), 0), CFC, §
110 1, UHC, §§ 1001 4, 100I 9, 1001 11, RMC, §§ 8 04 030, 8 04 150, 15 20 010,
1524010 )
30 Attractive Nuisances Endangering the Lives of Childi en There are numerous
attractive nuisances throughout the Nuisance Property The rear and side yards are
filled with excessive amounts of trash and miscellaneous debris that attract cutious
children and nefarious individuals Transients and trespassers have been arrested on
the Nuisance Property All attractive nuisances must be abated (H&S, §
17920 3(c), UHC, §§ 10014, 1001 11, RMC, §§ 15 04010, 15 24 010 )
31 General Lack of Maintenance. The entire Nuisance Property lacks maintenance
and is completely unfit for human habitation Aftet all repairs are made, the
Nuisance Property must be properly maintained to prevent further blight and other
dangers to the community (H&S, § 17920 3(a)(13), (c), CBC, § 116 1, UHC, §§
1001 2, 1001 4, 1001 11, RMC, §§ 8 04 150, 8 08 030(A), 8 08 030(B), 15 04 010,
15 24 010 )
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LEGAL NOTICE AND ORDER TO REPAIR OR ABATE
32 General Lack of Sanitation & Habitability The Nuisance Property generally lacks
propel sanitation Trash and debits, as well as numerous plumbing, electtical,
heating, and structural dangers, create unsanitary conditions that pose all extreme
task of injury and disease (H&S, § 17920 3(a), (c), CBC, § 116 1, UHC, §§ 10012,
1001 4, 1001 11, RMC, §§ 8 04 150, 15 04 010, 15 24 010 )
Pursuant to the H&S, the CBSC, the CBC, the CRC, the CFC, the CEC, the CPC, the
CMC, the UHC, and the RMC, the buildings and structures on the Nuisance Property are
dangerously substandard and constitute public nuisances
Therefore, pursuant to H&S section 17980 6, you are hereby ordered to repau or
abate all code violations on the Nuisance Property, including, but not limited to, all
unlawful conditions identified herein Work to abate these unlawful conditions must begin
within 10 days, inclusive of permit applications ("Compliance Initiation Deadline"), and
must be completed within 30 days ("Compliance Completion Deadline") or you will be
subject to fur ther legal action.
The legal consequences fot failure to initiate rehabilitation and correct the unlawful
conditions identified above by the Compliance Deadlines may include administrative fines,
ctiminal prosecution, and civil remedies such as injunctions, fines, penalties, and the application
foi the appointment of a receiver over the Nuisance Property Furthermore, you will be held
liable foi all costs, fees, and expenses, including all inspections costs, investigation costs,
enforcement costs, abatement costs, court costs, litigation expenses, prosecution expenses,
attorneys' fees, and administrative expenses, incurred by the City in inspecting, identifying,
investigating, enforcing, prosecuting, and abating all unlawful conditions on the Nuisance
Property
Repait of abatement of some of the unlawful conditions identified above may require you
to obtain an quality, building, and demolition permits You are obligated to obtain these permits
in time to complete the rehabilitation of the Nuisance Ptoperty by the Compliance Completion
Deadline Failure to apply foi all necessary permits pilot to the Compliance Initiation Deadline
is a violation of this N&O
Pursuant to H&S section 17980 6(c), you are hereby notified that you cannot retaliate
against lessees of the Nuisance Property pursuant to Civil Code section 1942 5 Pursuant to
H&S section 17980(d), you are hereby notified that, in accordance with Revenue and Taxation
Code sections 17274 and 24436 5, a tax deduction may not be allowed for interest, taxes,
depreciation, of amortization paid or incurred in this taxable yea[ for the Nuisance Property
If you have any questions regarding this N&O, you may contact the undersigned
—7of8—
LEG NOTICE AND ORDER Wdy &
ATE
Mark Berg
Chief Building Official Code Enforcement Officer
City of Redlands City of Redlands
909-798-7536 909-335-4737
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10 EXHIBIT B
11
�. 12 COMPLIANCE AGREEMENT
13 BETWEEN CITY AND BUYER
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-EXHIBIT B--
COMPLIANCE AGREEMENT
COMPLIANCE AGREEMENT
PHIS COMPLIANCE AGREEMENT is nnadc the day last below xviitten by and
between Living Stone Properties, LLC (`LSP"), on the one hand, and the City of
Redlands ("City" of "Redlands"), on the other hand
RECI FALS
ZV TEREAS
A LSP has entered into a ptii-Ghase and sale agreennenl with Ruth Heniicks,
special administratoi of the Estate of Pham, regarding eci tarn residential real property
luiown as 316 East Claik Street, Redlands, Cahloinia 92373 (the "Propel ty"),
B There is an on-going probate mattei Known as Estate of Thoi Van Phani
San Bernardino Supeiioi Court Case No PROPS 1,100379 (the"Probate Action"),
C On November 19, 2015, the City issued a Legal Notice and Ordei to Repan
of Abate ("N&O"), a copy of which is attached hereto as Exhibit "A "
D Redlands filed a civil Iecciveiship petition regarding the Propel ty (the
"Petition"), which has been consolidated into the Probate Action
E. In order to facilitate an ordetly rehabilitation of (lie Property to correct tine
deficiencies with the Pioperty wlnicln aic the subject ofthe N&O Petition (subject to certain
exceptions noted in this Agreement), LSP and Redlands desire to enter into this Agreement
contingent upon LSP's being able to consunnmate its purchase of tile Property with probate
coin t approval
if IS TII,RE,FORE AGREED, in consideration of the terms, covenants,
conditions, and provisions stated below
1 Buyer acknowledges that it is responsible for abating all curl ent violations of
[lie Redlands Municipal Code and other State and local laws that cutiently exist on tine
propei ties pursuant to the teinns of this Compliance Agreement The City aclnowledges
that the Property is zoned foi a duplex residential use
2 Within twenty (20) calendar clays of the close of escrow of LSP's purchase
of the Propei ty, LSP agrees to subunit complete applications to the City foi all permits
required by the City foi the rehabilitation of the Property in cornfoinifty with all applicable
building codes
Compliance Agreement
Page t of 5
3 bVitliiii this ty(30)calenclai days from the date permits are issued, LSP agrees
to commence the woik necessary to ichabilitate the Propei ty anti to bring it into compliance
by correcting the i emariung.violations identified in the N&O, Exhibit A
d Within one hundred eighty days from the date permits ate issued, LSP
hereby agrees to completely core ect all of the violations on the Propei ty and to ba ing it into
full compliance with the Redlands Municipal Code, and all other laws ("Compliance
Deadline")
5 Buyer acknowledges that it had notice of the Legal Notice and Order to
Repan of Abate elated November 19, 2015 ("N&O"), the Notice of Pendency of Action
previously recorded on the Property on Decenabei K, 2015, and the Las Pendens recorded
on the Property on March 1, 2016 Buyei agrees that it is bound by those documents even
should they latei be removed to facilitate the sale of Propei ty to Buyer
G LSP agrees to maintain the Propel ty in compliance with all laws thereafter,
including imaintaining the e�teuoi yard (front and real) and inteiror areas, as required by
the Redlands Municipal Code and other laws This includes, but is not Incited to, ensuring
that trash, debt is of other cluttez is not stow eel in view of the neighbors, whether in the front
of rear yards, and that all buildings and structures are properly maintained according to all
applicable State and Iocal laws, including the Redlands Municipal Code
7 If the City deteimines that any provision of this Compliance Agreement has
been breached, the City shall provide-krritten notice of the breach to Buyei via certified mad
return receipt requested Upon marling of the notice, Buyer will have 30 calendar days to
address the concerns raised by the `vittten notice Should the Buyer fall to do so, as
determined by the Court, the City shall be entitled, and Buyer so stipulates, that a receiver
may be appointed to continue the rehabilitation in the manner that the rcceivei best sees fit
including but not limited to overseeing repairs by Buyer Should Receiver by appointed
pursuant to this Compliance Agreement, Buyea agrees that the receiver will be empowered
to abate all identified violations Pui thermore, in the event of breach,Buyer agrees that the
City will be entitled to all costs and fees incurred as a result of breach of the Compliance
Agreement and that those fees and costs shall be paid by the iecervei from the receivership
estate
K LSP hereby consents to inspection of the Property by City staff during the
hours of Kam —5pm, Monday through Fiiday, foi purposes of confirming compliance by
the Compliance Deadline upon reasonable notice by the City
9 If LSP frilly complies with this Agreement and the law, the City agrees not
to take further enforcement action regarding the Properly foi the violations identified in
the N&O
_—f0 The Oit�leieby reserves its iiglit to �iiforce future violations of law on the
Property of those violations currently unknown, as provided by law,
Compliance Agreement
Page 2 of 5
11 Each of the signatotres hereto represent and Nvartant that (a) they are duly
authorized to execute this Agreement oil behalf of any party which is a corporatrorn or
other business entity, (b)then execution is intended to and does fully bind each such pai ty
hereto, and (c) by then execution of this Agreement, each of the srgnatotres hereto are
consenting, on behalf of each such pasty, to each and all of the terms, conditions, and
provisions of this Agreement
12 Each of the pai ties hei eto represent and Nvart ant that they are aware of no
other individual of entity having any interest in, and that they have not previously
assigned, transferred, pledged, of hypothecated to (or purported to do so), any individual
of entity, any claim released of waived by them through this Agreement, and furthet agree
to indcmnify and hold harmless any other patty to this Agreement against any claim,
action, demand, debt, loss, obligation, liability, cost, or expense, rncludlrlg, without
limitation, attotncy's fees, at isnng out of any breach of the ieprescntattons and warranties
set forth in this paragraph
13 This Agrcement is binding upon and shall mute to the benefit of the parties
hereto, and to theft respective heirs, assigns, etiecutors, adtmnrstratots, successors,
representatives, and agents
14 The validity, construction, interpretation and enforcement of tilts
Agreement and its tams and provisions shall be governed by the laws of the State of
Califotnta For purposes of interpreting this Agreement, each patty acknowledges that
he/she/it has participated in its dtaftrng and each patty will be deemed the 'di after' of the
Agreement
15 The Pat ties represent that they have had the opportunity, whethct of not
they have chosen to do so, to discuss this Agreement with legal counsel The patties
acknowledge and agice that ncrthet William J heard not Ward & Ward represents either
party, but solely represents the Ruth Henttcks, the admintstratot of the Estate of Pham
Any involvement by NVrlham 1 Ward of Ward & Ward in the preparation of any portion
of this Agreement has been solely to facilitate negotiations between the parties Both
parties are advised to seen, independent legal counsel
16 The parties to this Agreement, and each of them, hereby acknowledge that
this Agreement contains the sole and entire Agreement and understanding of the parties
with respect to the entire subject nnattet hereof, and any and all pilot discussions,
negotiations, and understandings related to the entire subject matter of this Agreement ale
hereby merged herein Each patty to this Agreement hereby acknowledges that no otlict
promise, inducement, representation, or agreement not herein expressed has been made of
relied upon by any of the parties, and that this Agreement contains the entire agreement
between the parties hereto The terms of this Agreement are contractual, not merely a
recital.
Compliance Agreement
Page 3 of 5
17 This Agreement may be modified or amended only by a wi itten tnstt unMIt
e,,ecuted by all the parties hereto
18 In the event any Court of competent jurisdiction tenders a final Judgment
that any teurt of provision of this Agreement is invalid or unenforceable, then such term
of provision shall be stt icken and of no fiuthei force and effect oi, if possible, shall be
limited such that the teim of provision, as so limited, shall not be deemed invalid of
unenforceable In that event, the remaining terms and piovisions, and/oi such team and
provision so hinited, shall remain in full force and effect
19 Copies of this Agreement may be signed as countetpaits by one of more
Patties hereto and shall have the same force and effect as if an original single document
had been signed by all pat ties
20 The singular number dnd masculine gendct, as used herein, shall be deemed
to include and doe inchule, the plural, the feminine, of the neuter, as may be appropriate
21 All patties hereto will beat then own attoiney's fees and expenses not
expressly provided tot herein
22 All patties hereto agree to pciforin whatevet acts may be requited to
effectuate the terms of this Agi cement
23 The tindeisigned have read the foregoing Agreement, fully understand it,
and assent to its terms, conditions and piovisions
Co€iiphance Agreement
Page 4 of 5
Dated BUYE
Tay
Anthony atric
Member
LIV -STONE PROPER ES,LLC
By t
�c�,4—e' armie
Member
LIVING STONE PROPERTIES,LLC
Dated D��M[`3L R Z t 2a1� CIT -or�i�I ANDS
<
By /
Pau arch
Mayor Pro Tempore
Compliance Agreement
Page 5 of 5
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NDS
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Adimnistration 35 Callon Slrect, Smit,222 Redlands CA 9237 i
909 799 7W
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EGAL NOTICE
REPAIRAND
ORDER r-170
[Issued }pursuant to Health and Safety Code section 17980 et sequentes ]
D1'1 IVER1 17 VIA POST[NG ON NuJ8ANCf- PROPt'IZ 1'Y AND t IRS'i CI-AS5 Mmi. To 1NTULSTL•D
PARR P3
Dwed Not cmbci 19,2015
Nmsa€s:, Proil'roajcr€`' 3l6 1 ast Clad. Strcct
Redlands, California 92373
APN 0171-381-24
Compliaitcc bittl,ation Deadline Novcnibei 29, 2015 (10 Days)
Contt7l►ancc. Completion Deadline December 19,2015 (30 Days)
1nterested Parties
rhor Van P1t-tm Nancy Rocchino
I 1 141 Scotscraig Ct 1 1 141 Scotscra ig Ct
Las Vegas, N V 89141 Las Vegas, NV N 141
Thoi Van Plaaam Nancy Rocchino
316 Cast Clark Street 316 Cast Clat 1, Street
Redlands, CA 92373 Redlands, CA 92373
'11101 Van P113111 Nancy Rocctiino
109�)6 1 €ntry I[ills Street 10956 Fintry I[Ills Street
Las Vegas, NV 89141 Las Vegas, NV 89141
iNltke P13am John Phan)
3161✓ast Clark Street 316 East Clark Street
Redlands, CA 92373 Redlands, CA 92373
— lof8—
EXHIBIT
"All
�
A
LEGATE NOTICE AND ORD) R TO REPAIR OR ABA'I'T!
To All I11WI estLd 1'111 tie4
'I his Legal Notice And Order I o Repair Or Ab•ite ("NMO") Is i9sued pursuant to I Iealth
rind Safety Code sections 17980 et sequentes It has been dUernimed by the City of Redlands
(`City") that the parcel of road properly located at the. Assussoi's Parcel Numbci ("APN") and
address identified abov(. C'NI LManee Properly') cont'llns unlawful conditions that constituLL a
public nuisance and posL I substantial danget to €Ile Ilc,altll, S,Ifcty, and general welfar(, of
r't SrdClllS, Ll1C Sllrl'OLIIICIIng CO[]llilllnit}', and t11C pllbhC I liese unlawful Conditions are in violation
Of lllultlf)IC pI'OVlSiO€iS Of IMV, HICILIC1111g*, bUt 1101 111MMI to, the CdIlf'Ornra Health and Sallety
Codc ("I1GCS"), the California Building Standards Code ("CBSC"), the California Building Code
("CBC"), the California Residential Cad(, ("CRC;"), tlic. California Fire Code (`Cl C"), the
California Electrical Code ("CEC"), the C•iliforma Plumbing Code ("CPC"), the California
mechanical CodL ("CMC ), the Uniforill Ilousitlg Code ("UIIC '), and the Rcdlands NIuiucll>al
Code ("RMC'')
I lie following unlawful conditions were identified dui ing In inspection of the Nuisance
Property (this may not be an exhaLISLivo list and thL City retains th(, right to ideritrfy further
violations)
I Unpei nutted Subdivision of Nl]iS'IIIL(. P1'01LI ty Ili(, NLM,I11Ce PrOpCrty Is a
S1ngIC-NnIlly rCSIdCntral StrUctur'e' but has been rnlpLr-risibly subdivided Into
nutllMUS units W11110ut first obtaining lhL propel permits Without proper inspection
by city officials, the safety of thesu units arc, not guaranteed and could endanger the
lives of any occupants Remove 911 unpuinlitted subdivisions and return the
Numince Property to its original condition (f I&S, § 17920 3(a), (n), C13C, § 116 I,
Uf IC, y§ 1001 3, 1001 14, RJAC, ss 8 04 150, 8 04 160, 8 08 030(I3), 15 04 010,
152,1010)
2 Uns,ife Dilapidated Cednig The ceilings are dilapidatLd and showing signs of
watcr dainagc In nLlmerouS places Watei dama;L can load to mold and a weakening
of the integt ity o1 the ceiling Repair the;c,cilrngs in the Nuisance Property (II&S, §
17920 3(b), C13C, ti 116 1, CFC", §§ 1 10 1 1, 701 2, UI 1C, § 1001 3, RNIC,
8 04 150, 8 08 030(13), 15 04 010, 15 20 010 15 24 010 )
3 Unsafe Drl'lpidated Floors I he building contains madequ itc, damaged, or mi%sino
flooring that deeds to bL repaired or replai-ecl to meet building code standards to
prevLnL tripping and frilling haiards In 81khtr0n, SuvLral floors arL damp to the
touc.li indicating watet damage Water LI•]n1'lgt: In the Ilooring Lan lead to mold
growth and weakens the structural intcgi ity of the floor RLpait all damaged flooring
elements (I I&S, § 17920 3(b)(2), CBC, 5 116 1, Cf C, §§ 110 l 1, 701 2, UIIC,
1001 3, RMC, y§ 8 04 150, 8 08 030(13), 15 04 0 10, 15 20 010, 15 24 010)
-2ofS-
EXHIBIT "AT'
LEGAL NOTICE AND ORDER TO IMPAIR OR A13A M
( 4 Unstife Dilapidated Intei for Walls IntLi for walls are dilapidated and in need of
repair Walls throughout file NVISEnlce Property contain boles and show suns of
water darnage Rcpan all rilterioi walls (II&S ti 17920 3(b), CBC, § 116 1, CI?C,
ti§ 110 1 1, 701 2, U1IC, § 1001 3, RMC, y§ 8 04 150, 8 08 030(B), 15 04 010,
15 20 010, 15 24 010 )
5 Blocked Egress Routes Unpeimittcd additions and subdivision has impermissibly
blocked off numerous emergency egress routes In the event of a lire, first
responders will hrive drffsculty rt.Wli ng individulil units, thus endangering the safety
of all occupants Remove all additions and subdivisions and return the Nuisance
Property to its original condition (1H&S, § 17920 33(f), CBC, § 1 16J, UIIC, 5§
1001 3, 1001 12, RAMC, �§ 804 150, 8 08 030(13), 15 04 010 1524.010)
6 Implopei Occupancy of Garage The garage has impermissibly been converted
into a living space �,�lth a hall-bedroom and ha1C bathroom I'he garage is snot
permitted for 1113s use bec um, it lacks basic habitability rcqulrclnents Remove all
additions to the garage and return it to its normally intended purpose (I I&S, §
I7920 3(a), (n) CBC, § 116 1, UIIC, 5§ 1001 3, 1001 14, RMC, §§ 8 04 150.
8 04 160, 8 08 030(B), 15 04 010, 15 24 010 )
7 illold & Water Damage Water d image can be seen it ceilings, walls, and flooring
throughout the NUMMICC I'rolierty Water damage can lcul to mold, which places the
respiratory health of occupants in danger Pest foi mold, remove any mold located,
and repair all ~eater damaged areas (11 5, § 17920 3(a)(1 1), (c), CBC, § 116 1,
UI 10,, §§ 1001 2, 1001 1 1; RN IC, � 8 04 150, 8 08 030(B), 15 04 010, 15 24 010)
8 Severely Damaged & Inadequ ite Kitchen Facility The Nuisance Property lacks a
functioning Kitchen facility ApI)lldnCLS [Lill on gas poWLr, which is Shut off
rendering all appliances inoperable In addition, kitchen sinks are not properly
installed and are leaking All daim-ed walls and flooring lnlrst be repaired
§ 17920 3(a)(3), (c), (e), CBC, § 116 1, UI IC §§ 1001 2, 1001 4, 1001 6, RMC, §§
8 04 150, 8 08 030(B) 15 04 010, 15 24 010 )
9 LaLK Of I-leafing I'he Nuisance Prol)crty lacks proper heating equrpriment as
rcgLlircd by law Propelly functioning heating equipment is necessary fol the
preservation of human health l-11SLm, that there is properly functioning heating
equipment in the Nuisance Property (I I&S, § 17920 3(a)(6), (c), CBC, § 116 1,
UIIC, §§ 1001 2, 10014, RAMC, §§ 8 04 150, 8 08 030(B), 15 04 010, 15 24 010)
10 Lacy of Natural Light R Ventilation The NLriSailCL. Property lacks natural light
and ventilation required by law dire to boarded up windows,which can lead to injury
of death in the event of a fire (I I&S, § 17920 3(a), (c), (f), CBC, 116 1, Ul IC, 1§
I001 2, 1001,4, 1001 7, RMC, §§ 8 04 150 8 08 030(B), 15 04 010, .15 24 010 )
-3 of8-
EXHIBIT "Ail
LF,GAL NOTICE AND ORDER TO RUi PAIR OR A13ATE
I I Missing Light Fimmts. fhc, Nuisance Property lacks propel lighting beumse
several lighting tistures have b-cii removed from the ceilings Missing and exposed
light PNItires can create a shock hazard All light IIXtLn-CS must be replaced and all
exposed winng abated to mect all ipplicablc lm�-s and building code standards
(II&S, § 17920 3(d); CBC, § 116 1, U[IC, § 1001 5; RMC:, §§ 8 04 150,
808030(B), 15 04 010, 15 24 010 )
12 Vernim Infestation. Rodents, nisccts, and other vermin inhabit the Nuisance
Property Vermin carry nL€mcr0us d1SCaSQS that can sprcad to occ 1pallts
Exterminate all vermin and pests acid take approp€late steps to ensure they do not
i-eturn (1[&5, § 17920 3(a)(12),O), CBC, § 116 1, U[IC, §§ 1001 2, 1001 11, RMC,
§§ 8 04 150, 8 08 030(13), 15 011010, 15 24 010 )
13 IIarat does Electi real ReeclAaLles & Slti itches Electrical recep(aclts and switches
arc missing faceplates and some. ham bean rcmove.d front the wall, 'Ibis creates a
possible SliocK and life haz-ii'd to occupants All missing of damaged faceplatt5 and
covet's at t•cceptacles and SIVItcl1CS 171LISt he replaced to meet all applicable laws arid
building code standards. (I I&S, § 17920 3(d). CBC, § 116 1, Ul IC, § HO1 5; RMC,
§§ S 04 150, 8 08 030(B), 15 04 010, 15 24 010 )
14 Missing Dead Face The c1ecU K-d box is missing a dead facc and underlying wit ing
and circuity is now exposed Fxposcd win ing can lead to shock acid can potentially
become a tint hazard SCCLtl'C the elctirictal bo\ with a tread facc (IISS, §
17920 3(d). CBQ § 116 I, U11C, § 1001 5, RMC, ti§ 8 04 150, 8 08 030(B),
15 04 010, 1524010 )
15 Dama;ed & Missing Fleett ical Wit ing I ht Nuisance Properly lacks propel
c[ecti'Ical wiring Electrical wit ing throughout the NLaisa€1Ce Property is exposed and
dd11ge1-OL1S in many at-CaS Repair all 1VIt ing tllr'oughout the. building to mcet all
applicable laws and building code st•uldards (l I&S, § 17920 3(d), CBC, § 116 1,
U1 IC, § 1001 5, RMC, §§ 8 01 1)0, 308030(f3), 1504010, 15 24 010)
16 Bi oltLn & Dainaged Wtudows 1 11L, NLnsum a Props -ty contains broken and
d imagtd wmdoNN9, Miic,h pre vtnts !x-a[)ct clnllatC regu[•ltion arld invites tr'tspasscrs
Repair all broken of damaged ivmdo«s to meet all applic,ablc, code standards (I1&S
S 17920 3(c), (g)(2), CBC, § 1 [6 1, U I 1 C, §§ 1001 4 1001 8, Rml C, §§ 8 04 150,
8,08 030(B), 15 04 010, 15 24 010 )
17 Damaged Found-ition 1 he foundation of the building has cracks in many places,
incitcaling deteriorated arid inadtcluate foundation, which is a sevcne structural hazard
that can lead to injury Rcpan•s must be made to meet all applicable laws and
building code standards (1I&S, § 179203(b)(1), CBC, 5 116.1, U[1C, § 1001 3,
RMC- §5 8 04 150, 8.08.030(13), 15 04 010, 15 24 010)
-4018-
EXH BIT "All
LRGi L NO I ICI; AND ORDER'I'O REPAIR OR ABAI h
18 I1111M operly Installed Watel I leatci I he water heater that services tllc NUisarnce
Property has been ill propcf ly installed hmproper ly installed water heaters can init€re
occup,ints and datiiage the Nuisance Property Properly install the water heater
(II&S, > 17920 3(c), (�, C13C, ti 1 16 1, U11C, §§ 1001 6, 1001 7, RMC, §§ 8 04 150,
15 04 010, 1524010)
19 fl4issirig 01 Inopctable 13,101loom Ventilation. Bathrooms si1•t tithe, missing vents
of vents are broken and in €iced of repair Propel ventilation in batlirooms are critical
to preventing mold and nil,dew from developing and spr+adulg Reparl Of lnstalf
properly working vents ni all bathrooms (YI&S, § 17920 3(r,), (f), CBC, § 116 1;
Ul IC, §§ 1001 6, 1001 7, RNIC, 6,§ 8 0I 150, 8 08 030(13), 15 04 010, 15 24 010.)
20 Equipment All mechanical equipment, lntludlng heatUig
must be kept ni a good and Safe condition and work properly Reparl of replace
missing of inadequate mechamctil cgrnpment to meet all applicable laws and
buridma code standards (11&S, § 17920 3(f), CBC,, § 116 I, U1IC, § 1001 7, RIMC
§§ 8 04.150, 15 04 010, 15 24 010)
21 Unpet nutted ill(] Ri oken 'Wall llcs m s Wall heaters that have been installed
tlu•oughout the NLliMM-C h-OpCrly 110, permits and many are broken and ill need of
repUm 1ti11thout the propel inspcetio n by City oflicials and proper maintenance, wall
heaters care become firs hazards Obtun the proper permits tot all wall heaters grid
properly rep•u€ all wall €ieaters (I IRS, § 17920 3(f), (h), CBC, § 116 1, UIIC.
1001.7, 1001 9, PUMC, §§ 8 01 150 15 04 010, 15 24 010)
22 Trash 6C DLbris A.c -urnulatfon IN- Nuisance Property contains rill c\cesanve
acc.umulat€on of uns Unitary and hazardous junk, trash, said debris, all of which must
be removed and disposed of ill accordance with all applicable laws 'I his condition
creates, among Whet things, rodent and €nSLCt harborages •lnd fire. hazards (1I&S, §
179203(a)(13), (c), C13C, § 116 I, UIIC, §§ 1001 2. 1001 4, 1001 9, 1001 11, RN1C,
S 8 04 150, 8 08 030(B), 15 04 010, 15 24 010)
23 Deter mated, Ci Unibling, & Loose Plaster Tile building cone-uns faulty 'm,athel
protection due: to deter iointed, crumbling, and loose plaster, which must be, repaired
to meet all applicable laws and bearding code standards Detet(orating stucco allq�vs
the elements to entei and damage the Undetlying structure. (I I&S, § 17920 3(4)(I),
CBC, § 116 1, U1IC, § 1001 8. RNIC, §§ S 04 150, 8 08 030(A), 15 04 010
15 24 010)
24 Damaged & Mi� ,.sing ENkt iot Siding fhc building* tontams faulty wcatllc€
protection due to dam-toed and missing c\ttrior siding, whic-h must be repaired or
rcplaecd to €meet all applicable laws and building code standards (M'S, §
17920 3(g)(4), CBC § 1 l6 1, UIIC, § 1001 8, RnNIC, §§ 8 04 150, 808030(A),
15 04 010, 15 24 010
-5of8-
EXH1B T "An
LEGAL, NOTICE AND ORDER TO REPAIR OR ABATE
25 Missing Guards-all I'lic front porch guardrail is €nibsrng and nods to be replaced
A "uardrarl is necessary to prevent Individuals lronl falling From the porch and
possibly injuring thcimclvc,s Replace the, trussing guardr ul (I I&S, § 17920 3(b),
C13C_ § 116 1, U11C, § 1001 3, RMC, §§ 8 04 150, 8 08 030(A), 15 04 010
15 24 010)
26 Impropei ly Eiiclosul P.1tio, The patio has been imprope€ly enclosed with cxpos(,d
plywood and appcars to have been occuprLd by transients Remove thL improperly
exposed pl),hood and tale proper precautions to secure the Nuisance Property from
trLspasSLrS (I I&S § 17920 3(b), C13C, § 116 1, Uf 1C, § 1001 3, RMC, tiff 8 01 150,
808030(A), 15 04 010, 15 24 010 )
27, Aee"mulitlon or Junk, hash, Debris, & Personal Pt-opel ty In Extel for Areas
Cleating Ari 'Extienic Fie Danger 8 Blight lfic Nuisance Property contains
eYCcssw(" 1111sanIMIN, dild Unsightly trash dnd &brls, such 'sib sevcr'al larJL pit,C, S of
discarded 1u11nlure, a nlattr(,Ss, and building materials, which can Sc.rvL a5 a
harborage for rodents And can also create a fire hazard All junk, trash, and debris
must bL ri shoved and disposed ol`in accordance with all applicable la\ls (I I&S, §
17920 3(a)(l3), (c), 0), CRC, 5 116 1, C1<C, § 110 1, UIIC, §§ 1001 2, 1001 4,
1001 9, 1001 11, RMC, §ti 8 04 040, 8 04 150, 15 04 010, 15 20 010, 15 24 010)
28 I)LtU IRI ate l Fuiunl; Repair of n-puree damaged A Jlwilg to pn vent a _M, to the
Nuisance Property by unaut}lol l/Ld individwils (l1&S, ti 17920 3(c), C13C, § 116 1,
UI IC, ti 1001 4, R[MC, §§ 8 04 150(D), 15,04 010, 15 24 010)
29 Ovel•gr 01i'Ii 1Vecd5 I hi, NUISanLL Propuly contains overgrown •ind dc.a<i wL(,ds and.
vegetation, and gencr€lly lacks propel landscapinn installation and nwinteminee
1 h15 IS an Cyesoie to tll(, (,0111[llrinity And it poses a severe fife hazard buml%. it Will
exacerbate and augni iL the intensity of a fire Install and maintain proper
landscaping and remove all overgrown heeds (I I&S, § 17920 3(c), (h), (1) CF C,
110 1, Ul IC, fiS 1001 4, 1001 9, 1001 11, RNIC, §§ 8 04 030, 8 04 150, 15 20 010,
15.24,010)
30 Attractive Nuts Imes E11da11get Ing the Lives of Children I[ICI-C arL numerous
attractive nulSanLLS throughout the NL11Sancc Property Thi, rLa1 and stdL yards ,ire
filled with cticebSlle arllounts of trash and €llls(.Clldneous debris that attra(A (.ullnus
children and nelarious individuals I ransients and trespassers have been arrested on
the Nuisance Property. All attractive nuisances must be abated (I1&S, §
17920 3(c), UI IC §§ 1001 4, 1001 11. RMC, §§ 15 04 010, 15 24 010)
31 Guicral L,ILk of iNT lln(CIIA M I lie entire. Nuisance Property lacks nialntenarice
I Is LO]111)ILLLIy unfit for henim habitation After all repairs arc, made, LhL
Nuisance Property 1111.1st be properly maintained to prevent further blight and other
dangers to thL conlmunILy (I I&&5, 5 17920.3(a)(I3), (c), CBC, § 116 1, UIIC. §S
1001 2, 1001 Ll, 1001 11 RNIC, §§ 8 04 150, 8 08 030(A), 8 08 030(B), 15 OBI 010,
15 24 010)
--6of 8-
EXHIBIT IT II
LEGAL NO I WE AND ORDER TO REPAIR OR A13ATE
( 32 Gencl•il L icic of S,lnitatlon & Habitability. The Nuisance. Property gencrall) lacks
propet sanitation 1 rash and debris, as well as numerous plumbing, electrical,
heating, and stt•uctural dangers, create llllSail€tary con(htiOns that pose an CXtrenl(.
ris4.or€n3uly and disease (11&S, § 17920 3(a), (c), Cl3C, 5 116 1, UI JC, y§ 10012,
1001 4, 1001 1 1, RNAC, 4§ 8 04 150, 15 04 010, 152,1010)
PUNLIallt to flK 118-t5, the, C13SC, the Cl3C, the CRC, the CFC, the Cf,.C, the CPC, the
CN11C, the U11C, and (lie RMC, the buildings atul Structures Oil the Nuisance Property are
dangerously substandard and eOnStltutC public nuisances
'Iheiclote, pnisuant to JUS section 17980 G, you ate hereby orcic.I(A to rcpart or
abate all code violations on the Nuisance Pt opei t), including, but nOt 11111utcd (0, 111
u11IZ)ful condttrons identilied herein Wot•l., to abate these 1111lawful conditions must bcglil
within 10 (L s, illcluslve of per•nlit 1pplicatious ("Complianec tmtV100n T)cadhrtc"), and
must be completed Ni fflim 30 d•1ys ("Compliance Completion De•idliue") of you will be
subject to fill flier legal action
I he fetal consequences far failure to initiate, rehabilitation and corrcc,t 111L unlawrul
conditions idcnttfied above by the Compliance Deadlines may include administrative fines,
criminal prOsccutinn, and civil remediLs: such as injunctions, fines, penalties, and tine application
fan the appoilltnlent of ,a rccc.ivc€ ovci the Nur5anee, Property 1 ul•tllcrnlarc, you will be held
liable fot oil costs, lees, •ind c\penscs, including t111 inspections costs, inve5ttgattoll costs
enforcern,-tit costs, albatcrncilt COStS, MAN COSTS, litigation expenses, prosl,cution CN1)l,nses,
attorneys' tees, and administrltitit, cXpenses, incurred by the City in 111SI),(,trng. id(.iltifying,
Investigating, enforcing, prosecuting, and abating all tmlawful conditions oil the Nuts<nlce
Property
Repair of ab iternent orsorll(,of the Unlawful conditions identilted above may require you
to oblim stir quality, building, and demolition perrllits YOU are obligatc,d to obtain these, permits
in time to complete [lie rehabilitation or the Nuisance Property by the Compliance Completion
Deadline I allure to tlpply Cor all Accessary permits pt for to the Compliance. Initiation Deadline
is a violaltion or this NcIO
KII-Stt,lnt to I I&S section 17950 6(c), )ou are hereby notified that you cannot retaliate
against lessees of the. Nuis,uuc, 1'ropc,rty pUr5uant tQ Clvll CO(le SCcllon 1942 5 Pursuant to
II&S section 17930(d); you an, ]it reby notified that, 1n accordance. with Revenue and 'f alvation
Code sections 17274 and 24436 5, i tax deduclrall may not be allowed for interest, to\es,
deprecialtioil, of <unortiiatton paid of incurred in this taxable yeai fol the NUtSLiticC Property
lr)'arl hav(. any questions regarding this N&O, you may contact the undersigned
7of8—
EXHIBIT "All
VIBIL Borg tidy Chalke
Chief B1111dinz Official Cade Enforcement officer
City of Rutlan& City of Redlands
909-793-7536 909-335-4737
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EXHIBIT "All