HomeMy WebLinkAboutContracts & Agreements_25-2004_CCv0001.pdf BEST BEST & KRIEGER LLP
A CALIFORNIA LIMITED LIABILITY PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS
RIVERSIDE LAWYERS ONTARIO
(909) 666-1 450 400 CAPITOL MALL, SLIME 1 650
- SACRAMENTO, CALIFORNIA 9581 4 (909)989-6584
INDIAN WELLS (91 6) 325-4000 SAN DIEGO
(760) 568-261 1 (9 1 6) 325-4010 =AX (45 19) 525-1300
BBKLAW,COM
ORANGE COUNTY
(949) 263-2500
SAMUEL L. EMERSON
(9 1 6) 55 1-2824
SAMUEL.EMERSON@ S E3 KLAW,COM
FILE No. 1 7942.00050
February 18, 2004
DIP,
Daniel J. McHugh
City Attorney
City of Redlands X
P. O. Box 3005
Redlands, CA 9237 3
Re: 01j)of Redlands i% Federal Home Loan Vlortgage, et al.
San Bernardino Superior Court, Case No. SCESS 095981
Code E-ql6rcement Agreementfor1121 Post Street
Dear Mr. McHugh:
Today we ecci ved the signed Code Enforcement Agreement ("Agreement") for 1121
Post Street executed by property owner Jerry L. Addison. Accordingly, we are forwarding the
I
Agreement to you so that you can have it executed by the City of Redlands ("City "). Once the
City has executed the Agreement. please forward it t
I - o us so that we can assure that it is properly
recorded.
Sincerely,
Samuel L. Emerson
for BEST BEST & KRIEGER LLP
SLE:rc
Enclosure
cc: Kevin Collins
Howard Golds
Steven Speier
SAC'RA.\41-'N'1'01.Sf-I'l`,l'-)982.1
RECORDING REQUESTED BY: WHEN RECORDED MAIL TO:
City of Redlands Best Best & Krieger LLP
35 Cajon Street, Suite 200 400 Capitol Mall, Ste 1650
Redlands, CA. 92373-1505
Sacramento, CA. 95814
Attn: Daniel J. McHugh Attn: Kevin T. Collins
[Fee Exempt-Gov't Code§6103]
(Space above for Recorder's Use)
MAINTENANCE AND ABATEMENT AGREEMENT
BETWEEN
CITY OF REDLANDS
AND
JERRY L. ADDISON
Dated as of February 5, 2004 for reference purposes only
This MAINTENANCE AND ABATEMENT AGREEMENT ("Agreement") is
entered into this 5th day of February 2004 between the City of Redlands, a municipal corporation
duly organized under the laws of the State of California ("City"), and Jerry L. Addison
("Owner"), Owner of real property located at 1121 Post Street, Redlands, County of San
Bernardino, State of California (APN No: 0167-262-05) ("Subject Property"). City and Owner
are sometimes hereinafter individually referred to as "Party" and collectively as the "Parties."
1. Recitals
1.2. City has previously conducted numerous administrative nuisance abatement
proceedings with respect to substandard maintenance and public nuisance conditions
("Conditions") on the Subject Property. These proceedings resulted in the issuance of order(s)
and follow-up communications (collectively, "Orders") by the City to abate such nuisances
within a specific time period. Such order(s), including the Conditions, are attached hereto as
SACRAMENTO\SLE112620.1
Exhibit "A" and incorporated herein by reference.
The parties hereby agree that any and all of
t_1
the Conditions constitute a public nuisance pursuant to applicable law, including without
limitation, the Redlands Municipal Code.
1.3. The time period provided in the Orders has passed and the City is therefore
entitled to pursue the remedies available to it, including, without limitation, a criminal action, a
civil action, or administrative abatement by the City.
1.4. On December 18, 2002, the City filed a First Amended Petition for Appointment
of a Receiver over the Subject Property, pursuant to Health and Safety Code section 17980.7
(Case No. RIC402633.) On January 27, 2003, the Court placed the Subject Property into the
Receivership Action, On July 16, 2003, the Subject Property was released from the receivership
action after the owner at that time, entered into a code enforcement agreement to abate the
nuisances found on the Subject Property.
1.5. As part of its police powers, the City endeavors to ensure that properties located
within the City are not maintained as public nuisances. but are maintained in accordance with the
provisions of applicable Federal, state and local laws, rules and regulations, including Chapter
8.04 of the Redlands Municipal Code. The City, through its Code Enforcement Department and
the City Attorney's Office, has devoted much time and many resources to addressing and
prosecuting the Conditions existing on the Subject Property. As consideration for its agreement
to forestall additional criminal, civil or administrative code enforcement actions against the
Subject Property.. the City seeks a commitment from the Owner that such nuisance conditions
will be eliminated within a reasonable amount of time and will not return.
1.6. In the interest of gaining compliance with all City codes and ordinances and in
order to abate the Conditions located on the Subject Property as expeditiously as possible in a
reasonable amount of time and without having to issue Owner criminal citations,, the Parties wish
to enter into a long-term maintenance and abatement agreement to guarantee that the Subject
Property is maintained in accordance with all codes and ordinances of the City of Redlands.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES
AND AGREEMENTS CONTAINED HEREIN, THE PARTIES HERETO AGREE AS
FOLLOWS:
SACRAM ENM6 LF,12620.
2. Definitions
2.1. "Day" shall mean any one (1) calendar day which is not designated as a national
holiday unless so specified in this Agreement.
2.2. "Effective Date- shall mean the date on which the City of Redlands executes this
Agreement, such Agreement having already been signed by the Buyer or his authorized agent.
2.3. "Party or Parties" shall mean the City, Owner and/or both. The use of the terms
Party/Parties, or the Parties' actual names, shall include and refer to the present Parties as well as
any successors, heirs or assigns of each respective party.
3. Terms
3.1. Owner wishes to establish and commit to a series of responsibilities and
performance standards to eliminate the Conditions on the Subject Property and maintain the
Subject Property and structures thereon in strict accordance with all applicable Federal, state and
local laws, rules and regulations, including without limitation, the Redlands Municipal Code.
Owner also agrees that the Subject Property shall be held, conveyed, pledged as collateral,
leased, rented, used, occupied, maintained, sold and transferred subject to the responsibilities and
performance standards contained or referenced in this Agreement, all of which are declared to be
for the purpose of enhancing, maintaining, and protecting the health, safety and welfare of the
citizens of the City of Redlands and the real property of the City. To this end, this Agreement
shall be binding on the Parties and their heirs, assigns and successors in interests in perpetuity.
All present and future owners. tenants and occupants of the Subject Property shall be subject to
and comply with each and every provision of this Agreement. The act of accepting a deed or
lease to the Subject Property shall signify that each and every provision of this Agreement is
acceptable to future owners, occupants, tenants and/or lessees.
3.2. Within thirty (30) days of the Effective Date of this Agreement, Owner shall take
any and all actions and secure any necessary permits and approvals for the full abatement of all
Conditions described in the Order(s) or any other conditions on the Subject Property which
violate state and municipal laws. Buyer shall fully abate all of the Conditions within thirty (30)
days of the Effective Date of this Agreement. All such abatement shall be performed in
compliance with all applicable State, Federal and local laws, including without limitation, the
Redlands Municipal Code.
SACRAMENT0\.sLE\I 261-0,
3
3.3. Owner agrees that he will not sell, convey, or rent the Subject Property until
Owner has made the repairs necessary to abate the nuisances listed in paragraph 1.2 above and
all other State, Federal and local law violations, including without limitation the Redlands
Municipal Code, which exist on the Subject Property.
3.4. Should Owner fail to take all of the actions required in subsection 3.2, above,
Buyer hereby consents to the entry by City and/or City's authorized representatives/contractors
and/or volunteers upon the Subject Property at any time after thirty (30) days of the Effective
Date of this Agreement for the purposes of inspection and abatement of the Conditions. At a
minimum, City shall have the right to conduct all necessary abatement activities on the Subject
Property including, but not limited to the following, the right to: (1) demolish and remove any
and all Conditions, including without limitation, any and all unsafe, dangerous, substandard,
impermitted, or vacant structures; (2) board-up the same; (3) demolish and remove any
abandoned or inoperative vehicles or parts thereof; and/or (4) destroy and remove any and all
dead, dying, overgrown or decayed vegetation. Owner hereby consents to having City undertake
such abatement actions without further action by City. In addition to any other remedies that
may be available to the City, including the abatement provided in this section, in the event that
Owner fails to complete or continue with the abatement of the Conditions in compliance with
this Agreement, the City shall be entitled to apply, ex parte, to the San Bernardino County
Superior Court, to re-insert the Subject Property into the current receivership over for the Subject
Property. Such ex parte application may be made by the City only after the City has given
Owner three (3) days written notice, informing Owner that Owner has failed to fulfill the terms
of this Agreement. Owner hereby waives any objections to re-insertion of the Subject Property
into the Receivership Action, based on due process, lack of notice or reasonable time to repair in
accordance with the Orders, lack of notice or opportunity to be heard, or any other rights or
administrative remedies provided by applicable law, including without limitation, the Redlands
Municipal Code or the State Housing Law(Health& Saf. Code, §§ 17910 et seq.).
3.5. Owner hereby understands, acknowledges, and agrees that the Conditions on the
Subject Property constitute a public nuisances pursuant to Section 3479 of the Civil Code and
Sections 8.04.020 of the Redlands Municipal Code and other applicable Federal state and local
laws, rules and regulations. To this end Owner knowingly and freely waives all procedural and
substantive requirements provided for in Chapter 8.04 of the Redlands Municipal Code, and any
other applicable provisions of federal or state laws, rules and regulations to which Owner is
otherwise entitled and which would be necessary for the declaration of the Subject Property as a
SAC RAN4ENT0\SLE\12620.
4
public nuisance. By signing and initialing this Agreement. Owner hereby agrees and
acknowledges each and every provision identified in this subsection.
//- X, (initials)
3.6. The Parties agree that in the event of a breach by Owner, damages incurred by the
City, as a result of such breach, would be difficult to calculate. Therefore, the Parties hereby
agree that Owner will be liable to the City in the amount of$10,000.00, in the event that Buyer
breaches this Agreement. This provision is in addition to the City's ability to specifically
enforce this Agreement.
3.7. Should Owner fail to maintain the Subject Property according to subsection 3.2
and 3.3, above, City shall be entitled to enter upon the Subject Property and take all necessary
abatement maintenance and repair actions required by the Agreement without further notice to or
consent from Owner. Owner hereby consents to the entry by City and/or City's authorized
representatives/contractors and/or volunteers upon the Subject Property for purposes of
inspection, maintenance and/or abatement of the Conditions, as well as any public nuisance
conditions described in subsection 1.2 and 3.2, above. City shall be entitled to collect its
abatement costs, including any and all incidental expenses, including without limitation,
attorneys' fees and costs, pursuant to subsection 3.8, below.
3.8. In the event City is required to undertake additional abatement activities pursuant
to this Agreement, City shall be entitled to reimbursement in the manner provided below:
City shall maintain an invoice of all costs and expenses of completing the
abatement activities undertaken pursuant to this Agreement, including costs and expenses listed
required for abatement. City shall render an itemized invoice of such costs and expenses to
Owner within fifteen (15) days after completion of such activities by City,
3.8.2. Owner shall, within thirty (30) days of the receipt of the invoice amount,
promptly pay the invoice amount in full. Should Owner fail to pay the invoice amount, such
costs, shall automatically be made a special assessment lien pursuant to California Civil Code
Section 2881. City shall have the right to enforce the special assessment lien authorized in this
subsection in any manner authorized by law. By signing and initialing this Agreement, Owner
hereby agrees and acknowledges each and every provision identified in this subsection.
/-?'' 4 (Initials)
SACRANIENTO\SLEA26-20,
5
Nothing in this Agreement shall be deemed to limit any other remedies provided
to City for abating the Conditions on the Subject Property or recouping its abatement costs as
these may be provided by other federal, state or local laws, rules and regulations. City reserves
its right to pursue its civil, criminal or administrative remedies in the future against Owner or any
successor owning an interest in the Subject Property if the Subject Property is not maintained in
accordance with the property maintenance standards, codes and ordinances of the City of
Redlands.
3.10. Nothing in this Agreement shall be construed as preventing Owner from
transferring any ownership interest in the Subject Property,
or any portion thereof, to a successor;
provided however, that this Agreement shall be binding on the successors in interest and assigns
of the Parties. Owner has been informed of the provision of California Civil Code section ')483,
which provides, "Every successive owner of property who neglects to abate a continuing
nuisance upon, or in the use of, such property. created by a former owner, is liable therefor in the
same manner as the one who first created it." Owner shall attach a copy of this Agreement to
any document(s) transferring any interest in the Subject Property, or any portion thereof, to any
successor in interest, assign or encumbrancer for value.
City shall be entitled to record this Agreement within fifteen (15) days of the
Effective Date of this Agreement with the Recorder's Office for the County of San Bernardino,
California. The burdens of this Agreement shall be binding upon, and the benefits of this
t� 9
Agreement shall inure to, all heirs, assigns and successors in interest of the Parties to this
Agreement.
3 If any one or more of the terms, provisions, promises, covenants or conditions of
this Agreement shall to any extent be adjudged invalid, unenforceable, void or voidable for any
reason whatsoever by a court of competent jurisdiction, each and all of the remaining terms,
provisions, promises, covenants and conditions of this Agreement shall not be affected thereby
and shall be valid and enforceable to the fullest extent permitted by law.
3.13. Owner hereby agrees to defend,, indemnify and hold City, its officials, officers,
employees, agents and volunteers harmless from and against all claims, causes of action,
demands, damages., expenses, losses and liability, in law or equity, for injury to any person
(including wrongful death) or damage to any property to which City may be subject to the extent
that the same are the result of an error, omission or negligent or willful act of Owner, his
employees, agents or volunteers in any manner arising out of or incident to the performance of
SACRAMENTTO'SLEA 2620,
6
his duties under this Agreement, including, without limitation, the payment of all reasonable
attorneys' fees, expert fees, and related costs and expenses of defense or indemnification.
3.14. This Agreement contains the entire Agreement of the Parties with respect to the
subject matter hereof, and supersedes all prior negotiations, understandings or agreements, either
written or oral, express or implied. Any modifications to this Agreement must be in the form of
a written amendment agreed to by the Parties or their successors in interest.
3.15. The failure of City to insist upon strict performance of any of the terms,
conditions or covenants in this Agreement shall not be deemed a waiver of any right or remedy
for a subsequent breach or default of the terms, conditions or covenants herein contained.
3.16. This Agreement may be executed in any number of counterparts, each of which
shall be deemed an original, but all of which taken together shall constitute one in the same
Agreement.
3.17. Should either Party bring a legal action for the purpose of protecting or enforcing
its rights and obligations under this Agreement, the prevailing party shall be entitled, in addition
to other relief, to the recovery of its attorney's fees, expenses and costs of suit. City shall also be
entitled to any attorneys' fees and costs incurred as a result of City acting pursuant to Sections
3.4, 3.5, 3.7, 3.8 or 3.9 of this Agreement. Such attorney's fees and costs incurred by City shall
be included in the accounting required to be made pursuant to Section 3.8.1 of this Agreement
and such attorneys' fees and costs shall be recoverable pursuant to Sections 3.8.2 of this
Agreement.
3.18. Section headings contained in this Agreement are for convenience only and shall
not have an affect in the construction or interpretation of any provision.
3.19. All notices to be given hereunder shall be in writing and may be made either by
personal delivery or by registered or certified mail, postage prepaid, return receipt requested.
Mailed notices shall be addressed to the parties at the addresses listed below, but each party may
change the address by written notice in accordance with this paragraph. Notices delivered
personally will be deemed communicated as of actual receipt; mailed notices will be deemed
communicated as of two (21) days after mailing.
SACRAMENTO\SLE\12620,
7
To City: To Buver:
City of Redlands Jerry L. Addison
34 Cajon Street, Suite 200 1332 West 9th Street.
Redlands, CA. 923731-1505 San Bernardino, CA 92411
Attn: Daniel J. McHugh
3.20. This Agreement shall be governed by the laws of the State of California. Venue
shall be in San Bernardino County.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the
day and year first written above.
CITY OF REDLANDS BUYER
By:
B
C`n y: '2L�" i /12",
Sarile
Pepp _r, M r y Jerry L. Addision
it�
z-
DaL,f-1,- -5�-
Name (printed) Name (printed)
ATTEST
By: LX
T e Povzer. Jtv (�Olerk
Lorrie Poyzer
Name (printed)
DATE: March 1 , 2004
SACRAMENTO\SLE'd-2620
ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO SS
CITY OF REDLANDS
By the authority granted under Chapter 4, Article 3, Section 1181, of the California Civil Code,
and Chapter 2, Division 3, Section 40814, of the California Government Code, on March 1,
2004, before me, Beatrice Sanchez, Deputy City Clerk, on behalf of Lorrie Poyzer, City Clerk of
the City of Redlands, California, personally appeared Susan Peppler and Lorrie Poyzer
I Xj personally known to me - or - I I proved to me on the basis of satisfactory evidence to
be the persons whose names) are subscribed to the within instrument and acknowledged to me that
they executed the same in their authorized capacities and that by their signatures on the instrument
the persons, or the entity upon behalf of which the persons acted, executed the instrument.
WITNESS my hand and official seal.
...........
LORRIE POYZER, CITY CLERK
1888
By:
Beatrice Sanchez, Deputy City Clerk
(909)798-7531
— — — — — — — — — — — — — — — — — — — — — — —
CAPACITY CLAIMED BY SIGNER(S)
Individual(s) signing for oneself/themselves
Corporate Officer(s)
Title(s)
Company
Partner(s)
Partnership
Attorney-In-Fact
Principal(s)
Trustee(s)
Trust
x Other
Title(s): Mayor and City Clerk
Entity Represented: City of Redlands, a municipal corporation
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW:
Title or Type of Document: Maintenance and Abatement Agreement
Date of Document: February 5, 2004
Signer(s) Other Than Named Above: Jerry L. Addison
EXHIBIT "A"
ORDERS AND OTHER COMMUNICATIONS LISTING PUBLIC NUISANCE
CONDITIONS AT SUBJECT PROPERTY
STATEOF CALIFORNIA } ;...................................................................................: ...
i CAPACITY CLAIMED BY SIGNER:
COUNTY OF.,'�Cj r1 r>e.rn r CA1t1d /Individual(s)
~Corporate
Officer(s)
Partner(s)
On 20N, before me, the ~Attorney-in-Fact
undersigned notary public, personally appeared ~Trustee(s)
~Subscribing Witness
Lr Y ti Lee... Cc'A 1 Sy{rl OR ~Guardian/Conservator
proved o me onhe basis of satisfactory evidence to be the person($ ~Other
whose name( is 6he
scribed to the within instru nt and SIGNER IS REPRESENTING:
acknowledged to me tha ex ted the same in IS i NAME OF PERSON(S)OR ENTITY(IES)
authorized capacity( , and that by is/ signature on the """"""""
instrument the person*or the entity upon behalf of which th
acted,executed the instrument. C�.ARA H!LL
COMMWOn# 1424927
�w R�Nc -CaMOM10
WITNESS my hand and official seal Son ftmmd to County
CCrmI. Jul 13,2007
Signature of Notary
.....................................................................................
STATE OF CALIFORNIA }
} CAPACITY CLAIMED BY SIGNER:
COUNTY OF } -Individual(s)
—Corporate
Officer(s).
Partner(s)
On 20_ before me, the Attorney-in-Fact
Trustee(s)undersigned nota rypublic personally appeared ~
~Subscribing Witness
personally known to me OR Guardian/Conservator
proved to me on the basis of satisfactory evidence to be the person(s) ~other
whose name(s) is/are subscribed to the within instrument and SIGNER IS REPRESENTING:
acknowledged to me that he/she/they executed the same in his/her/their NAME of PERSON(S)OR ENTITY(IES)
authorized capacity(ies), and that by his/her/their signature(s) on the """"""""""""""""""""""
instrument the person(s),or the entity upon behalf of which the person(s)
acted,executed the instrument.
WITNESS my hand and official seal.
Signature of Notary
SACRAMENTO\SLE\12620.
9
1,121 Post Street
Generally dilapidated and
I improperly maintained - H&S 17920.3(a)(I 3)
Public nuisance - Civil Code 3480- H&S 17920.3(c)
Exterior Areas
No address on the building-RMC 15.20.110
Missing anti-siphoning valve for hose bib by garage- UHC 1001.6
Eucalyptus not trimmed away from building - UHC 100 1.11
Roof damage above back porch on Unit C - UHC 1001.8(2)
Needs regrading around the building for adequate draining-CBC 1804.7
Apartment B
No accessible path of travel -ADA
Drywall damage to the wall adjacent to the hallway- UHC 1001.2(13)
Drywall damage next to receptacle outlet by stove- UHC 1001.2(13)
Missing cover plate for light switch-UHC 1001.5
Plumbing leak and mold underneath sink-UHC 1001.2(13); UHC 1001.2(11);
UHC 1001.6
Kitchen cabinet bottom in disrepair-UHC 1001.2(13)
Door latch for back patio door in disrepair- UHC 100 1.2(13)
Kitchen clean-out not flush with wall and damaged stucco-UHC 1001.6; UHC
1001.8(l)
Missing, anti-siphoning valve for hose bib - UHC 1001.6
Missing screw for valve on hose bib - UHC 1001.6
Missing cover for light-UHC 100 1.2(13)
Threshold loose from door- UHC 1001.2(13)
Weather stripping around door is in disrepair- UHC 1001.2(13)
Stucco crack on ceiling of the back porch area- UHC 1001.8(4)
Grill for kitchen exhaust fan is in disrepair- UHC 1001.2(13)
HVAC system not maintained- UHC 100 1.7
Dishwasher does not work in kitchen-UHC 1001.2(13)
Closet door is in disrepair-UHC 1001.2(13)
Bath-room exhaust fan inoperable - UHC 100 1.2(7)
Faucet for the shower leaking and handle missing for shower control - UHC
1001.6
Mixer control for the tub/showed inoperable - UHC 1001.6
Sink in bathroom leaks-UHC 1001.6
Exhaust fan in master bath inoperable - UHC 100 1.21(7)
Closet doors inoperable-UHC 1001.2(13}
Apartment C
Dr-,-wall damage in dining room -UHC 1001.2(13)
Dead bolt to the backdoor missing thumb latch- UHC 100 1.13
Balcony deck has moisture barrier deterioration - UHC 1001.8(2)
Missing globe for light— UHC 1001.2(13)
HVAC system not maintained — UHC 100 1.7
Closet door delaminatincy — UHC 100 1.2(l
Trim for the attic access in disrepair— UHC 100 1.2(13)
Closet door inoperable— UHC 1001.2(13)
Drywall damage behind door in master bedroom — UHC 1001.2(13)
Apartment D
Balcony deck used unapproved material — UHC 100 1.10
Drywall damage to underneath kitchen sink—UHC 1001.2(13)
Attic access is in disrepair—UHC 1001.2(13)
Laundry Room
Drywall damage to the walls and ceilings— UHC 1001.2(l3)
Unsecured folding table— UHC 1001.2(13)
No door hung on the exterior—UHC 1001,8(2)
Base of doorjamb has termites and/or dry-rot damage—UHC 1001.2(12)
Hot Water Heater Room
Door not weather-protected —UHC 1001.$(3)
Unsecured light fixture— UHC 1001.2(13)
Missing drywall around the light fixtures— UHC 1001?(1 3)
High and low air combustion vents dirty—UHC 1001.2(13)
Damper control not connected —UHC 100 1.7
Baseboard has insect infestation — UHC 1001.2(12)
Dry-wall damage—UHC 1001.2(13)- UHC 1001.7
Unsecure hot water heater vent—UHC 1001.7
Door casings have termite and/or dry rot—UHC 1001.2(12)
Garage(s)
Missin,, garage door springs on garage doors — UHC 1001.2(13)
Ceiling has water damage in the storage cabinet area— UHC 100 1.13
Lacks one-hour fire resistant material —UHC 1001.13
Dry-wall damage — UHC 100 1.2(13)
Termite and insect infestation — UHC 1001.2(12)
400 Courier(Common Area)
Generally dilapidated and improperly maintained—H&S 17920.3(a)(I 3)
Public nuisance— Civil Code 3480; H&S 17920.3(c)
Swimming Pool
Gaps in fencing greater than four inches —UHC 1001.4
Fencing by gate area in disrepair—RIMC 15.48.040 (b)
Light fixtures in disrepair—UHC 1001.5
Gate valve and anti-siphon valve on hose bib missing—UHC 1001.6
Gate valve and allowed piping where PVC piping exists missing— UHC 1001.6
Damaged roof areas—UHC 100 1.8
Lack of handicap fixtures and access in restrooms
Damaged wood siding—UHC 100 1.8
Handicap accessible water fountain missing
Deck surface in disrepair—UHC 1001.2 (13)
Pool surface in disrepair— UHC 1001.2 (13)
Pool drains in disrepair—UHC 1001.2 (13)
Pool safety signs and lifesaving equipment not posted
"Release" from San Bernardino County Health Department not provided
FIRE CODE VIOLATIONS
1121 Post St• .
Address number missing CFC Article 9, Section 901.4.4 Premises identification
Apartment C
• Fire extinguisher needs to be serviced-expired CFC Article 10,Section 1002.1 Portable fire extinguishers
Garages
• Hole in ceiling drywall CFC Article 11,Section 1111.1 Fire-resistive construction
EXPLANATION OF APPEAL PROCESS
If you have received a Notice and Order from the Building Official directing you to
repair, vacate or demolish, that Notice and Order was enclosed with a statement that said you had
the right to appeal the contents of the Notice and Order. If You believe the Notice and Order
imposes an extreme hardship, you may be inclined to appeal the Notice and Order.
BEFORE FILING AN APPEAL, IT IS VERY IMPORTANT THAT YOU
UNDERSTAND THE DIFFERENCE BETWEEN:
1. AN APPEAL, and
2. A MEETING WITH THE BUILDING OFFICIAL.
The primary purpose of an appeal is to provide the forum for you to argue in front of a
panel of experts that either the Building Official or one of his inspectors has generated a report
that has either inaccurately assessed conditions at your property (the conditions cited do not
exist), or that they have incorrectly interpreted and applied the Codes to describe conditions on
your property (Code sections cited are not relevant to your property). Because the focus of the
Appeal Board is primarily technical, the appeal process is not the best forum for you to claim:
• That you cannot make repairs in the time specified in the Notice because you do
not have enough time or money.
• The time frames the Building Official has given you to comply are unreasonably
short.
• You should not be held responsible for the condition of your property betcause you
did not know about its true condition.
If you want to discuss your inability to comply for these or similar reasons, it would be
better for vou to ask to meet with the Building Official or his representative(s) than it would be to
file an appeal. Staff is available to meet with you to discuss the contents of the Notice and Order.
If you would like to comply with the directives of the Notice and Order, but you can present
compelling reasons why you cannot within the time frames given in the Notice and Order. staff
will work with you to create a mutually acceptable schedule for the completion of the work.
The reason why you received the Notice and Order is because the City of Redlands is
intent on eradicating all sub-standard building conditions in the City. Our purpose in sending
you the Notice and Order is to gain your voluntary compliance. We would like to gain this
compliance by working with you in an amicable and businesslike manner. I would encourage
you to contact the staff person referenced in the attached Notice and Order and request to work
out a fair solution to the problem conditions listed in the Notice and Order.
SACRAMENTCHKTC,1489
•
Criminal or civil prosecution, including the City petitioning the Court for the appointment
of a receiver pursuant to the State Housing Law;
• The City causing the work to be done and charging cost of the repairs against the property;
• The City causing the property to be vacated and posted to prevent further occupancy until
the work is completed; and/or
• The City causing the property to be repaired and charging that cost against the property.
Any person having any record title or legal interest in the above referenced property may appeal
this Notice and Order or any action of the Building Official. Such an appeal must be made in writing and
filed with the Building Official within thirty (30) days of the date of service, which is the day that this
Notice and Order was mailed via first class mail. Failure to appeal will constitute a waiver of all rights to
an administrative hearing and determination of this matter. If you choose to appeal this Notice and Order,
you should read the attachment that explains the true purpose of an appeal.
Lessors can not retaliate against a lessee pursuant to Civil Code section 1942.5.
Finally, Section 17274 and 24436.5 of the California Revenue and Taxation Code provide, in part,
that a taxpayer who derives rental income from housing determined by the local regulatory agency to be
substandard by reason of violation of state or local code dealing with health, safety, or building, can not
deduct from state personal income tax and bank and corporate income tax, deductions for interest,
depreciation or taxes attributable to each substandard structure where the substandard conditions are not
corrected within six (6) months after notice of violation by the regulatory agency. The date of service of
this Notice and Order marks the beginning of that six-month period. The City is required by law to notify
the Franchise Tax Board of failure to comply with the code section listed herein.
Please call the Fire Department to schedule a re-inspection once all of the fire related issues have
been repaired. If you have any questions regarding the fire-related issues, please feel free to contact Tim
Marshburn, Assistant Fire Marshall at 909-798-7600. If you have any other questions regarding this
Notice and Order, or wish to schedule an inspection for the repairs completed for all items noted in the
Notice and Order to Repair, please contact Jim Grant, Senior Code Enforcement Officer at 909-798-7534,
Monday through Friday, 8:00 a.m. to 5:00 p.m., except holidays, or in writing at the City of Redlands,
Police Department, 1568 Orange St., Redlands, California 92374.
Respectfully,
Richard Pepper
Chief Building Official
City of Redlands
Enclosures: Inspection Report
Explanation of the Appeal Process
SACRANMNT01,KTC,,1150
tilt
of y£
f
o �d�and�
�
Y
y
Via Certified Mail
Return Receipt Requested
NOTICE AND ORDER TO REPAIR
August 8, 2002
Courtney Discenza
1121 Post Street
Redlands, CA 92374
LEGAL NOTICE of the Building Official of the City of Redlands regarding.-
ADDRESS- 1121 Post Street, Redlands, California 95374
APN: 0167-262-05
To Whom It May Concern:
The Building Official and his designees have made an inspection of this property as authorized by
the City of Redlands Municipal Code, the California Fire Code and state law. This inspectidh was made on
June 3 through 11, 2002. Using the definitions of substandard conditions found in Section 17920.3 of the
Health & Safety Code and the City's Municipal Code, inspectors found and determined that substandard
conditions exist on this property. These conditions are noted in the attached reports. On the basis of these
inspections, and under the provision of Section 202 of the Uniform Housing Code, I hereby find, determine
and declare the building on this property to be substandard and a per se public nuisance, and that these
substandard conditions constitute an immediate threat to and substantially endangers the health, life, limb,
property and safety of the public and the adjacent property residents.
The substandard conditions must be abated by repair or, at the owner's option, demolished. The
building(s) must be repaired/demolished in accordance with the current California Building Code and all
other applicable state and municipal code requirements. Before repair or demolition work is begun, you
must contact Richard Pepper of the Building & Safety Department to determine what permits, if any, will
be necessary for the required repairs/demolition. Failure to obtain necessary permits will result in the City
continuing to view the building as substandard even if repairs have been made.
Repair or demolition must commence within fifteen (15) days of this Notice and Order. All permits
required for repair or demolition must be obtained within fifteen (15) days from the date of this Notice and
Order. Repairs or demolition must be completed within thirty (30) days from this Notice and Order.
Failure to commence work or obey this Notice and Order may result in one or more of the following:
"Preserving the Past, Protecting the Future"
P.O. BOX 3005 REDLANDS, CA 92373
The City Council meeting recessed at 3:42 P.M. to a closed session to discuss
the following:
1. Conference with real property negotiator - Government Code
Section 54956.8
a. Property: Southwest comer of Clay Street and
Lugonia Avenue
Negotiating parties: Leon Armantrout representing
Clay Street Coalition and Jeff Shaw
Under negotiation: Terms and price
b. Property: 1329 Barton Road
Negotiating parties: I. K. Thomas and Linda Emmerson
Under negotiation: Terms and price
2. Conference with legal counsel: Existing litigation - Government Code
Section 54956.9(a)
a. City of Redlands v. Federal Home Loan Mortgage Corporation et al
(Mountain Crest receivership) SCVSS 95891
3. Conference with legal counsel: Anticipated litigation - Goverriment Code
Section 54956.9(b) - one case
No report was expected following the closed session.
ADJOURNMENT
There being no further business, the City Council meeting adjourned. The next
regular meeting will be held on March 16, 2004.
City Clerk
March 2,2004
Page 4