HomeMy WebLinkAboutBuilding Board of Appeals 9-8-97MINUTES
CITY OF TUSTIN
BOARD OF APPEALS
REGULAR MEETING
SEPTEMBER 8, 1997
CALL TO ORDER: 6:05 p.m., City Council Chambers
Boardmembers:
Present: Chairman Mitzman
Scott Browne
Douglass Davert
Steve Kozak
Leslie Pontious
Staff
Present: Elizabeth A. Binsack, Community Development Director
Rick Brown, Building Official
Lois Bobak, Deputy City Attorney
Kathy Martin, Recording Secretary
PUBLIC CONCERNS: (Limited to 3 minutes per person for items not
on the agenda.)
CONSENT CALENDAR: NO ITEMS
PUBLIC HEARINGS:
1. APPEAL OF NOTICE AND ORDER:
145 MOUNTAIN VIEW SECOND DWELLING UNIT
Recommendation - That the Board of Appeals uphold the decisions of
the Building Official as contained in the Notice and Order issued
April 2, 1997 by adopting Board of Appeals Resolution 97-01. The
Notice and Order requires the property owners to correct zoning
violations of the Tustin Municipal Code and housing violations of
the California State Health and Safety Code within certain time
limits.
Building Official, Rick A. Brown presented the staff report.
Boardmember Pontious asked if the property is being used as a
rental.
The Building Official indicated that he believed so but did not
know for certain.
Boardmember Browne asked about the size of the lot.
Board of Appeals Minutes
September 8, 1997
Page 2
C
The Director replied that the property is a little over 12, 000
square feet.
Boardmember Browne indicated that he viewed the property and asked
if safety concerns had been addressed.
The Building Official summarized the building code violations that
were still existing.
Chairman Mitzman asked if there was an immediate concern for
automotive exhaust entering the unit from the garage.
The Building official stated that there was a health and a fire
concern due to vehicle exhaust and the fact that there is no fire
separation between the vehicle storage area and the dwelling unit.
The Director noted that the two issues being considered are the
building code violations and the use of the. property. The
appellant has identified that they are wiling to correct numbers 2
C through 7 of the Notice and Order. The appellant first needs to
legalize the use on the property and land use issues are not
appealable to the Board of Appeals.
Chairman Mitzman asked the City Attorney what liability the City
has if someone gets hurt in the non -permitted unit.
Lois Bobak indicated that there are discretionary immunities in the
government code that protect the City against liability for
negligent inspections or failure to inspect properties. The City
is taking reasonable action now and it would be an extreme longshot
in.this case, particularly where the City is not the property
owner, if there were any liability to the City.
Boardmember Browne asked what the precedent would be for .rezoning
the property.
The Director indicated that "spot zoning" would not be a good
precedent to establish.
Chairman Mitzman asked if the unit would need to be vacated to make
the necessary repair.
The Building official indicated that the unit could be occupied
while the repairs are made.
/ The Public Hearing opened at 6:20 p.m.
William Cavanaugh, attorney for the property owner, asked for the
hearing to be continued but the property owners have agreed to make
the.repairs and to build.the garage.
Board of Appeals Minutes
September 8, 1997
Page 3
The Director clarified that a conditional use permit is required to
build the garage. A conditional use permit requires a public
hearing and the appellant has not submitted an application to date.
William Cavanaugh indicated that there was previously no reason to
submit an application because the property owners were not willing
to construct a garage.
Boardmember Davert stated that the request for continuance was
reasonable if the appellant is going to comply but he would like to
set some timelines.
The Director noted that there are two timeframes established, one
for the unit to be vacated by October 8th; and the kitchen and
plumbing be removed and all code violations be remedied by October
15th.
Boardmember Davert asked the applicant when he anticipated
submitting an application.
William Cavanaugh indicated that he looked to staff for the answer
to that question.
Chairman Mitzman asked if the applicant's tenant knows about the
hearing.
William Cavanaugh indicated that he has not personally talked to
the tenant.
The Director indicated that the property was posted for the hearing
regarding this matter.
Boardmember Pontious asked if the resolution could be modified to
change the dates for more flexibility to the appellant. She does
not want the appellant to come back before the Board.
Boardmember Kozak stated that the Board needs to uphold the
findings of the Building Official but suggested that the resolution
be modified to allow more time for the appellant.
William Cavanaugh stated his appreciation.
Lois Bobak summarized the changes made to the•Resolution.
William Cavanaugh stated his agreement with the changes and noted
that the windows could be repaired immediately.
The Director indicated that staff is concerned about all violations
and would wish to have them corrected at the same time and noted
that it would be appropriate for the property owner to notify the
tenants of this pending action.
Board of Appeals Minutes
September 8, 1997
Page 4
Chairman Mitzman asked that the appellant send a copy of the notice
back to the tenant.
The Public Hearing closed at 6:35 p.m.
The Building Official noted that a reasonable time period to
construct the garage would be approximately 45 days.
Lois Bobak noted that the construction of the garage could be
addressed with the conditional use permit and summarized the
changes to the resolution.
The Director noted that it would be appropriate for the applicant
to speak with staff before the close of business on September 22nd.
Chairman Mitzman asked if staff could collect expenses incurred for
staff time.
The Director indicated that there are no provisions for that at
this time. Staff has conducted special inspections that should
have been paid for but were not. The policy has been when the City
goes to court, we request cost recovery for staff time. If
individual stipulates prior to trial, we require cost recovery for
staff time.
The Building Official noted that an investigative fee could be
collected for work that was done illegally and subsequently issued
a permit. Standard permit fees plus investigative fees would be
appropriate in this matter.
Chairman Mitzman stated that he did not want the citizens of Tustin
to bear the cost of this hearing.
Commissioner Browne moved. Commissioner Pontious seconded, to
uphold the decisions of the Building Official by adopting Board of
Appeals Resolution No. 97-01 revised as follows: Section III, A,
delete 1 and 2 and insert 1, 2 and 3 as follows:
1. The property owners or their agent shall file a complete
application for a conditional use permit for the second
dwelling unit by 5:00 p.m. on September 22, 1997. If a
complete conditional use permit application is not filed by
September 22, 1997, the second dwelling unit shall be:
a) Vacated and inspected by October 22, 1997; and,
b) The kitchen and plumbing improvements and remaining code
violations shall be removed, corrected, and inspected by
October 29, 1997.
Board of Appeals Minutes
September 8, 1997
Page 5
2. If a conditional use permit for the second dwelling unit is
denied, the property owners shall:
a) Have the unit vacated and inspected within 30 days from
the date of denial;
b) Have the kitchen and plumbing removed and inspected
within 45 days of the date of denial;
c) Have all remaining code violations corrected and
inspected within 45 days of the date of denial.
3. If a Conditional Use Permit is approved, the property owners
shall promptly complete the correction of all code violations
and comply with all conditions of approval within the time
limits established by the approved Conditional Use Permit.
Motion carried 5-0.
REGULAR BUSINESS: NONE
ADJOURNMENT:
Commissioner Davert moved. Commissioner Browne seconded, to adjourn
the meeting at 6:42 p.m. Motion carried 5-0.
The next meeting of the Board of Appeals will be set as items are
scheduled for appeal.
A>17FlnAN7IT OF PUBLICATION
STATE OF CALIFORNIA
COLTNITY OF ORANGE
I ain a citizen of the united States and a resident
of the Count% aforesaid. I ani o,.cr The agc of
eighteen years, and not a party to or interested in
the above entitled matter. I am the principal clerk
of the Tustin News, a newspaper that has been
adjudged to be a newspaper of general circulation
by the Superior Court of the County of Orange;
State of California, on August 24, 1928 Case No.
A-601 in and for tine City of Tustin, Counry of
Orange, State of California; that the notice of
which the annexed is a true printed copy, has been
published in each regular and entire issue of said
newspaper and not in anv supplement thereof on
the following dates, to -Mt.
August 28, 1997
I declare under penalty of per un• that the
foregoing is true and correct.
Executed at Lake Forest, Orange Couri
California, on
August 28
Date ly 97
ZAP
G Sierinturc /
The Tustin News
22481 Aspan St.
Lake Forest, CA Q263
(714) 454 - 7380
Space Below for filing Stamp Only.
Proof of Publication of
BOARD OF APPEALS
OFFICIAL NOTICE OF PUBLIC HEARING
BOARD OF APPEALS
OFFICIAL NOTICE OF PUBLIC HEARING
Notice Is hereby given that the Board of Ap-
peals for the of the City of Tustin, California, will
conduct a public hearing on September B.
1997 at 6:00 p.m. In the City Council Cham-
bers, 300 Centennial Way, Tustin. California to
consider the following:
An appeal of the Notice and Order of the
Building Official regarding substandard
building conditions and zoning violations at
145 Mountain View.
(Appellant: William E. Cavanaugh
Owners: James W. Paldl: Richard Delaney,
C.P.A.; Riverside Properties and Lambrose
PT.)
If you challenge the subject Item In court, you
may be limited to raising only those Issues you
or someone else raised at the public hearing
described In this notice, or In written correspon.
Bence delivered to the City of Tustin at, or prior
to, the public hearing.
If you require special accommodations,
pleasecontact the Building Official at
(714) 5 73-3130
Information relative to this Item Is on file in the
Community Development Department and Is
available for public Inspection at City Hall.
Anyone Interested In the Information above
may call the Community Development Depart-
ment at (71 41
573-3130.
PAMELA STOKER, CITY CLERK
Published: The Tustin News
August 28, 1997
BLu600102 A14-415
f
CALL TO ORDER:
ROLL CALL:
F%M. dWC6W4l6]ZF6
CONSENT CALENDAR:
PUBLIC HEARINGS:
A G E N D A
CITY OF TUSTIN
BOARD OF APPEALS
REGULAR MEETING
SEPTEMBER B, 1997
6:00 p.m., City Council Chambers
Browne, Davert, Kozak, Mitzman, and Pontious
(Limited to 3 minutes per person for items not on
the agenda.)
At this time members of the public may address the
Commission regarding any items not on the agenda
and within the subject matter jurisdiction of the
Commission (NO action can be taken off -agenda items
unless authorized by law).
IF YOU WISH TO ADDRESS THE COMMISSION ON ANY
MATTER, PLEASE FILL OUT ONE OF THE CARDS LOCATED ON
THE SPEAKER'S TABLE SO THAT YOUR REMARKS ON THE
TAPE RECORDING OF THE MEETING CAN BE ATTRIBUTED TO
YOU. WHEN YOU START TO ADDRESS THE COMMISSION,
PLEASE STATE YOUR FULL NAME AND ADDRESS FOR THE
RECORD.
IF YOU REQUIRE SPECIAL ACCOMMODATIONS, PLEASE
CONTACT THE PLANNING COMMISSION SECRETARY AT
(714) 573-3031.
NO ITEMS
1. APPEAL OF NOTICE AND ORDER:
145 MOUNTAIN VIEW SECOND DWELLING UNIT
Recommendation - That the Board of Appeals uphold the decisions of the
Building Official as contained in the Notice and Order issued April 2,
1997 by adopting Board of Appeals Resolution 97-01. The Notice and Order
requires the property owners to correct zoning violations of the Tustin
Municipal Code and housing violations for the California State Health
and Safety Code within certain time limits.
Presentation: Rick A
REGULAR BUSINESS: NONE
ADJOURNMENT:
Brown, CBO, Building Official
The next meeting of the Board of. Appeals will be set as items are
scheduled for appeal.
TV p�
DATE:SEPTEMBER 8, 1997 Inter -Com Z
GS
TO: BOARD OF APPEALS
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: 145 MOUNTAIN VIEW SECOND DWELLING UNIT
RECOMMENDATION
That the Board of Appeals uphold the decisions of the Building Official as contained in the
Notice and Order issued April 2, 1997 by adopting Board of Appeals Resolution 97-01, as
submitted or revised. The Notice and Order requires the property owners to correct zoning
violations of the Tustin Municipal Code and housing violations for the California State Health
and Safety Code within certain time limits.
BACKGROUND
The property at 145 Mountain View Drive contains a detached single family dwelling unit with
a detached garage. The garage contains a usable space above the vehicle parking area that has
been converted to a dwelling unit without City approvals or permits.'
Mountain View Drive was developed with single family dwellings constructed during a period
between 1919 and 1940 according to the City Historical Resource Survey. The house at 145
Mountain View Drive is listed in the City Historical Resource Survey and is identified as
"California Bungalow". The survey estimates that the house was constructed in 1920. The
house has a rating of "D" and is not located within the Cultural Resources Overlay District.
The house and detached garage appear to have been constructed during the same period. This
assumption is based upon the similarities in architecture, materials and methods of construction.
The construction of the house and garage occurred prior to incorporation of the City. The
property is located within the original City boundaries as incorporated in 1927. Construction
of these buildings occurred prior to the existence of the first published building code, the 1927
Edition of the Uniform Building Code. Therefore, there are no building permit records for the
original construction of these buildings. The earliest zoning map from 1955 identifies the
property as R-1 single family residential and the current zoning for the property is R-1 single
family residential.
Board of Appeals Report /
145 Mountain View Drive c
September 8, 1997
Page 2
The City received a complaint regarding use of the area above the'garage as a dwelling unit.
The property owner was contacted, and the City conducted an inspection and confirmed
violations of the Zoning and Building Codes. Subsequently, the Building Official issued a
Notice and Order on April 2, 1997 (Attachment A).
The property owners' attorney, William Cavanaugh, wrote to the Community Development
Department on April 16, 1997, and requested a meeting on the matter. On April 23, 1997,
Elizabeth Binsack and Rick Brown met with Mr. Cavanaugh at which Mr. Cavanaugh indicated
that the property owners did not object to the requirement to correct the building code items
which are listed. as Nos. 2 through No. 7 in the Notice and Order. The property owners did
object to Notice and Order item No. 1 which identifies the living area as a non -permitted or
approved dwelling unit which exists in violation of the City Zoning Ordinance. Mr.
Cavanaugh was advised that the property is large enough to allow for a second dwelling unit
if the property owners wished to pursue legalization of the second dwelling unit. Such
legalization would require correction of the outstanding code violations and construction of
covered parking for the second dwelling unit.
On Apri130, 1997; the City received an application for an appeal hearing regarding the second
dwelling unit. On May 30, 1997, the appellant requested a time extension for the appeal
hearing. The purpose of the time extension was to provide additional time for the property
owners to consider legalizing the second dwelling unit. The time extension was granted for
90 days. Since granting the time extension, the City has not received plans or an application
for the legalization of the second dwelling unit. On August 19, 1997, notices of the hearing
date, time and location were sent to Mr. Cavanaugh and the property owners.
DISCUSSION
Mr. Cavanaugh, on behalf of the property owners, contends that the second dwelling unit was
established prior to the creation of a City Building Department and, that the conversion took
place during the time that the City contracted with the County of Orange for building safety
services. It is further contended that the conversion was in compliance with the codes and
standards that were applicable at the time of conversion and that the multi -family use of the
property occurred prior to the current R-1 zoning.
The second dwelling unit is plumbed with ABS drain, waste, vent and piping. This piping
material was first approved for residential installations in 1968 by the County of Orange. ABS
piping first appeared as an approved piping material in the Uniform Plumbing Code, 1973
Edition. The City of Tustin created its Building Department in 1964 and terminated contract
building safety services from the County. The dwelling conversion would need to have
occurred prior to 1964, for the conversion to have been completed while the County was {
providing building services to the City. The piping material used was not available for use until
1968. Therefore, the conversion had to occur during 1968 or later at which time the City of
Tustin Building Department would have maintained permit records.
C Board of Appeals Report
145 Mountain View Drive
September 8, 1997
Page 3
The contention that the second dwelling was built in compliance with applicable codes and
standards at the time of creation is also erroneous. The date of dwelling conversion has been
established at 1968 or later based upon the type of piping material used. The code related
items in the Notice and Order Nos. 2 through No. 7 are longstanding code provisions that were
applicable in 1968 and are currently applicable. As an example, the stairway serving the unit
has stair treads which are too narrow to comply with Uniform Building Code requirements that
have been applicable since 1927. Yet the stairway is constructed with nominal sizedlumber
not full dimensional lumber as was used for the original garage construction. Nominal sized
lumber came into use during the latter 1960's. As an example, a nominal sized 2 X 4
measures l Ih inches by 31h inches and full dimensional lumber measures 2 inches by 4 inches.
The property was originally zoned R-1 single family residential in 1955 and that zoning
designation remains as R-1 under the current zoning code. The dwelling conversion was
accomplished by use of 1968 and later building materials. The argument that the conversion
occurred prior to R-1 zoning is not consistent with the time frame that the non permitted
conversion occurred.
CThere are no records for building permit for any work at this property other than a sewer
connection permit that was issued on June 14, 1964 forthe connection of the house to the
public sewer system.
CONCLUSION
The second dwelling unit, located above the garage, at 145 Mountain View Drive is in
violation of the City Zoning and Building Codes. The second dwelling unit was constructed
without the benefit of building permits and inspections. The construction of this dwelling unit
has several violations of basic and longstanding code requirements. These violations of code
fundamentals provide evidence that there were no inspections by the City or County.
Therefore, the Notice and Order should be upheld by adopting Board of Appeals Resolution
No. 97-01 and the unit should be vacated. The plumbing and kitchen facilities should be
removed and the space restored to its original condition.
\ZcL
Rick A. Brown, CBO Elizabeth A. Binsack
Building Official Community Development Director
Board of Appeals Report
145 Mountain View Drive
September 8, 1997
Page 4
Attachments:
A - Notice and Order
B - Correspondence from William E. Cavanaugh
C - Correspondence from Community Development Department
D - Appeal Hearing application
E - Notice of Appeal Hearing
F - Photographs of Second Dwelling Unit
G - Board of Appeals Resolution 97-01
RB.br.Mww.`b
C
BOARD OF APPEALS REPORT
ATTACHMENT "A"
EXHIBIT A
NOTICE and ORDER
SENT TO:
Owners
L Riverside Properties
2. Richard Delaney, C.P.A.
3. Elam-Lambrose Pt.
4. James W. Paldi
5. Attorney, William Cavanaugh
a
Community Development Department
April 2, 1997
Riverside Properties
c/o Dolphin Real Estate Group
1027 Terra Nova Blvd.
Pacifica, CA 94044
City of Tustin
300 Centennial Way
Tustin, CA 92780
MAIL P 087 435 611 (714) 573-3100
SUBJECT: NOTICE AND ORDER FOR SUBSTANDARD STRUCTURE AT 145 MOUNTAIN
VIEW DRIVE, TUSTIN
Dear Sir or Madam,
The Building official has found this building to be substandard
under State Health and Safety Code Section 11920.3(b). The
conditions found to render the building substandard are:
1. The City records show that the second story above the garage
was only approved as a workshop and there is no record of
bathroom addition or other improvements. This structure is
currently occupied as a habitable unit which is not allowed
according to the City of Tustin Zoning Code.
2. Exterior stair does not comply with the requirements of UBC
Section 1006.3 and 1006.9. Threads are less than 911, the
minimum allowed. Required guardrail shall be in place and
handrail grip shall not be less than 1-1/4" nor more than 211.
3. Non-metallic wiring is exposed in the garage. Electrical
wiring shall be protected according to NEC Article 300.4.
4. PVC plastic piping is used for water supply. PVC is not an
approved piping material according to UPC Section 604.1.
5. The vent for sink and the shower is improperly vented through
the wall. The configuration of piping creates an 'IS" trap
which is prohibited. Remove non -permitted work or comply with
UPC Sections 906.1, 906.2, 905.5, 905.6, and 1004.
6. Water closet has only 18" of clear space in front. Remove
non -permitted work or provide 24" of clear distance in front
according to UBC Section 2904. Also provide proper vents
according to UPC Section 901.
145 Mountain View Drive
Notice and Order
Page two
7. Windows are covered with plastic and duct tape. Uncover the
windows and provide a minimum glazing area equal to 1/10 of
the floor area. Vent area shall equal 1/5 of the floor area.
Provide light and ventilation according to UHC Section 504.
ACTION REQUIRED:
Second story workshop shall be vacated and only be used as a
workshop. Non -permitted improvements and additions shall be removed
or plans shall be submitted to the Community Development Department
for the required permits. Repair work shall be commenced and
completed according to Section 202 of the Uniform Housing Code. The
following dates for action are established according to Sections
1101 and 1402 of the Uniform Housing Code:
Repair work shall be physically commenced and ready for
inspection by May 5, 1997. You need to call for building
inspection at (714) 573-3136. Rick Millan is your contact for
inspections. All correction work and final inspection of
such work shall be completed by June 2, 1996.
If the required work is not commenced and completed within the time
specified, the Building official will be forced to initiate
enforcement action and proceedings to obtain compliance.
Any person having any record title or legal interest in the
building may appeal from the Notice and Order or any action of the
Building official to the Board of Appeals, provided the appeal is
made in writing and filed with the Building Official within 30 days
from the date of service of .this Notice and. Order; failure to
appeal will. constitutea waiver of all rights to an administrative
hearing and determination of the matter. Appeal forms may be
obtained from the Community Development Department.
Thank you for your timely cooperation in this matter. If you need
additional information, please contact me at (714) 573-3120.
Sincerely,
Soroush Rahbari
Acting Building Official
cc: Elizabeth Binsack, Community Development Director
Rita Westfield, Assistant Director
Rick Brown, Building official
Rick Millan, Building Inspector R8:s1r:145mtnvw.no1
BOARD OF APPEALS REPORT
ATTACHMENT "B"
WILLIAM E. CAVANAUGH
C
LAW OFFICES OF
WILLIAM E. CAVANAUGH
5140 BIRCH STREET, SUITE 100
NEWPORT BEACH, CALIFORNIA 92660 Facsimile
(714) 955-3700 (714) 955-1910
April 16, 1997 i< ( v
Soroush Rahberi
Acting Building Official
City of Tustin
300 Centennial Way
Tustin, California 92780
RE: Notice and Order: 145 Mountain View Drive, Dated April 2, 1997.
Dear Mr. Rahberi:
I have been retained to represent the owners of the property located at
145 Mountain View Drive, Tustin, regarding your recent Notice and Order
For Substandard Structure at that address.
In an effort to amicably resolve this matter, I request a meeting with
you at your office to disscuss it. I would like for either Rick Brown, Building
Official, or Elizabeth Binsack, Community Development Director, to attend.
Please call my office to let us know what dates and times are available so that
we can schedule the meeting.
Thank you for your cooperation.
Sincerely,
LAW OFFICES OF WILLIAM E. CAVANAUGH
4,c,e,e civ, 6. Goer �
William E. Cavanaugh
WEC:Iac
cc: Richard Delaney WILLIAM James Paldi M E. CAVANAUGH.
Attorney Al Law
COMPLEX BUSINESS LITIGATION
• CONTRACT AND CIVIL DISPUTES
• FRAUD
(714) 9554700
(714) 955.1910 Fax
5140 Birch Street, First Flour
NMpurt Bcach, CA 92660
aLLIAM E. CAVANAUGH
f,
WILLIAM E. CAVANAUGH
C
5140 BIRCH STREET, SUITE 100
NEWPORT BEACH, CALIFORNIA 92660
(714) 955-3700
April 30, 1997 cnr
Ms. Elizabeth Binsack
Community Development Director
City of Tustin
300 Centennial Way
Tustin, CA 92780
LAW OFFICES OF
Facsimile
(714) 955-1910
RE: "Notice and Order for Substandard Structure at 145 Mountain
View Drive, Tustin" dated April 2, 1997
Dear Ms. Binsack:
This letter is to confirm our discussion in your office on April 23, 1997,
regarding the above letter. We take issue with Paragraph No. 1 of the letter,
but do not object to the remaining issues. Those items represent safety
violations, and we are in the process of complying with your requests.
On behalf of my client, we take the position that the second story of the
building referenced herein, was converted to a residential living unit dating
back to a time before the City of Tustin acquired jurisdiction from the County
of Orange, regarding building and construction of the subject property.
Further, we contend that at the time the conversion took place, it was done so
in proper compliance with the existing codes and regulations. We take issue
with your assertion that because there is no permit in your files for a
bathroom addition or other improvements, that that is a basis for
determining it to be an illegal structure.
We contend that the existing residential use of the building is
permissible because of the long period of time it has been so used, and further
contend that the land itself has also been used for a multiple family purpose
for the same period of time. Thus, if that use is different from the City's
present zoning ordinance, then, the use variance is also permissible as a
result of the period of time it has been so used.
Elizabeth Binsack
May 1, 1997
Page 2
Enclosed herewith is an executed Board of Appeals Hearing
Application on this issue. However, as per our discussion, I request that this
issue be sent directly to Counsel for the City of Tustin because of its legal
nature. We believe it can be resolved at that level.
Sincerely,
LAW OFFICES OF WILLIAM E. CAVANAUGH
%�� ���
William E. Cavanaugh,
WECclac
Enclosure
LAW OFFICES OF
WILLIAM E. CAVANAUGH
5140 BIRCH STREET. SUITE 100
NEWPORT BEACH, CALIFORNIA 92660
WILLIAM E. CAVANAUGH (714) 955-3700
May 30,1997
Ms. Elizabeth Binsack
Community Development Director
City of Tustin
300 Centennial Way
Tustin, CA 92780
M O.Wti{TY DEN EO'
Re: "Notice and Order for Substandard Structure at 145 Mountain
View Drive, Tustin" dated April 2, 1997.
Dear Ms. Binsack:
Facsimile
(714) 955-1910
On April 30, 1997 I filed an Application for a Hearing on behalf of my
clients, the owners of the subject property. In view of the possibility of a
resolution of the matter by other means, I hereby request a 90 day extension of
the hearing date previously requested.
I appreciate your cooperation in the matter.
Sincerely,
/LAW OFFICES OF WILLIAM E. CAVAN GH
William E. Cavanaugh
WEC:lac
cc: Richard Delaney
BOARD OF APPEALS REPORT
ATTACHMENT "C'
g�O�
Community Development Department
JUNE 3, 1997
William E. Cavanaugh
5140 Birch Street, Suite 100
Newport Beach, Calif. 92660
SUBJECT: Time Extension for Board of Appeals Hearing
Regarding 145 Mountain View, Tustin
Dear Mr. Cavanaugh,
City of Tustin
300 Centennial Way
Tustin, CA 92780
(714) 573-3100
I am in receipt of your request for a time extension for the scheduling of a
Board of Appeals Hearing. I hereby approve the time extension for the hearing by
90 days. The hearing must now be conducted by September 30, 1997. The City
will provide you with at least 10 days notice prior to any hearing scheduled.
The time extension is granted to provide you and your clients with time to
pursue the legalization of the second dwelling unit on the property. Please feel
free to contact me at 573-3130 if you have any, further questions.
Sincerely,
a
Rick A. Brown, CBO
Cc: Elizabeth Binsack, Community Development Director
Code Enforcement File
Community Development Department
July 17, 1997
William E. Cavanaugh
5140 Birch Street, Suite 100
Newport Beach, Calif. 92660
SUBJECT: Time Extension for Board of Appeals Hearing
Regarding 145 Mountain View, Tustin
Dear Mr. Cavanaugh,
c�
City of Tustin
300 Centennial Way
Tustin, CA 92780
(714) 573-3100
I writing to check on the status of your efforts to pursue legalization of the second
unit at 145 Mountain View, Tustin. It has been five weeks since the time extension
was granted and we have not received any further information or applications
regarding the matter.
Please give me a call at 573-3130 and inform me of your intentions.
Sincerely,
Rick A. Brown, CBO
Cc bet ck unity Development Director
Code Enforcement F e
G�'CY O
Community Development Department
August 11, 1997
William E. Cavanaugh
5140 Birch Street, Suite 100
Newport Beach, Calif. 92660
SUBJECT: Board of Appeals Hearing, 145 Mountain View, Tustin
Dear Mr. Cavanaugh,
City of Tustin
300 Centennial Way
Tustin, CA 92780
(714)573-3100
I am writing to inform you that the City intends to schedule the matter of the
second dwelling unit'at 145 Mountain View for a hearing before the Board of
Appeals for the City of Tustin on Monday, September 8, 1997 at 6:00 p.m The
appeal hearing will be conducted in the City Council chambers located at 300
Centennial Way, Tustin This hearing date will allow for the matter to be heard
within the time limits contained in your time extension request dated June 3, 1997.
The City has not received an application or proposal for the legalization of the
second dwelling unit. The time extension was granted to provide an opportunity to
pursue legalization. The requirements for a second dwelling unit were discussed
during our meeting on May 29, 1997.
Please advise me of your intentions as soon as possible. If we do not receive an
application or proposal by August 18, 1997 at 5:00 p.m_, I will commence the
scheduling and notification required for the hearing. Please inform your clients of
the hearing date. I may be reached at 573-3130 for any questions_
S' cerely,
Rick A. Brown, CBO
Cc: Elizabeth Binsack, Community Development Director
Lois Jeffrey, City Attorney
Code EnR)rcement Pile
BOARD OF APPEALS REPORT
ATTACHMENT "D"
BOARD OF APPEALS APPLICATION
CITY OF TUSTIN
COMMUNITY DEVELOPMENT DEPARTMENT
BOARD OF APPEALS
HEARING APPLICATION
PROJECT INFORMATION:
Address 145 Mountain View Drive, Tustin, California
Legal Description
Assssor's Parcel Number
TypeofConstrvetion ' Wood frame
Occupancy Classification Residential
APPLICANT INFORMATION:
Applicant Name
Address
Phone Number
Board of Appeals Members,
Real Estate Group Investments, Inc.
APPENDIX S. BB
In accordance with the provisions of Uniform Administrative Code Section 204(a), I hereby request a hearing baore the
Ory of Tustin Board of Appeals. I wish to contest the decision or interprctation of the BuildinL Official rceardine the
I am aware that the Board of Appeals shall have no authority relative to interpretation of the administrative provisions of
the code nor shall the board be empowmd to waive rcquirmnents of the technical oDdcs.
William E. Cavanaugh
Applicant Signature
Attorneyor Applicant
Hearing Fee 154, oa Hearing Date
s Building Oficial
Community Development Director
Date
CDD Procedural Manual - November 1994 Appendix 5 - Building Division
City of Tustin
300 Centennial Way
�+ Tustin, California 92680
(714) 573-3000
FiGfk� A?tu i8f 1997s 8:2" 41 Res U1
Validation Receipt
CHArut:�-
01030000004r95
u4!79` BOARD OF At -PEAL 141D i570.00
SLtb-1Dtal----- Gx.TFci7'u.0�
PAN M- NT—
the, k Ai%Ardis u i5f_t.00
BOARD OF APPEALS REPORT
ATTACHMENT "E"
EXHIBIT E
NOTICE OF APPEAL HEARING
SENT TO:
Owners
1. Riverside Properties
2. Richard Delaney, C.P.A.
3. Elam-Lambrose Pt.
4. James W. Paldi
5. Attorney, William Cavanaugh
Community Development Department
August 15, 1997
Riverside Properties
°s Dolphin Real Estate Group
1027 Terra Nova Boulevard
Pacifica, Ca. 94044
SUBJECT: NOTICE OF BOARD OF APPEALS HEARING
City of Tustin
Property Information:
Street Address: 145 Mountain View Drive
Tustin, Ca. 92780
Assessor Parcel Number: 401-522-06
Gentlemen:
300 Centennial Way
Tustin, CA 92780
(714) 573-3100
The Board of Appeals for the City of Tustin will hear an appeal on
The Notice and Order issued by the Building Official on April 2,
1997. The Notice and Order requires the subject property to be
brought into conformance with applicable Zoning and Building Codes.
An appeal was filed by William Cavanaugh, an Attorney representing
the property owners.
You are hereby notified that the appeal hearing will occur:
September 8, 1997
6:00 p.m.
City Council Chambers
300 Centennial Way
Tustin, Ca. 92780
Please contact me at (714) 573-3130 if you have any questions.
Sincerely, (�
1� LL. Rd'
Rick A. Brown, C.B.O.
Building Official
CC: William Huston
Elizabeth Binsack
Lois Jeffrey
RB:br:9-8-97.boa
CITY OF TUSTIN
OFFICIAL NOTICE
BOARD OF APPEALS
OFFICIAL NOTICE OF APPEAL HEARING
Notice is hereby given that the Board of Appeals for the City of
Tustin, California, will conduct an appeal hearing on September 8.
1997, at 6:00 p.m. in the City Council Chambers, 300 Centennial
Way, Tustin, California to consider the following:
If you challenge the subject item in court, you may be limited to
raising only those issues you or someone else raised at the public
hearing described in this notice, or in written correspondence
delivered to the City of Tustin at, or prior to, the public
hearing.
If you require special accommodations, please contact the Building
Official at (714) 573-3130.
Information relative to this item is on file in the Community
Development Department and is available for public inspection at
City Hall. Anyone interested in the information above may call the
Community Development Department at (714) 573-3130.
Pamela Stoker, City Clerk
Publish: Tustin News
August 28, 1997
b1d9app1.#5
INITIAL DATE
REVIEW MAILING LIST & RADIUS INIAP
NOTICE TO PAPER Iy 49
NOTICES MAILED
PROPERTY POSTED
POSTED AT CITY HALL & POLICE DEPART.
& If you require special accommodations, please contact Tustin City Hall, 300 Centennial Way, Tustin 92680, (714) 573-3000.
BOARD OF APPEALS REPORT
ATTACHMENT "F"
�. N
145 MOUNTAIN VIEW DRIVE SECOND DWELLING UNIT
BOARD OF APPEALS REPORT
ATTACHMENT "G"
1
RESOLUTION NO. 97-01
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A RESOLUTION OF THE BOARD OF APPEALS OF THE CITY OF
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TUSTIN, CALIFORNIA, UPHOLDING THE DECISIONS OF THE
BUILDING OFFICIAL CONTAINED IN THE NOTICE AND ORDER
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DATED APRIL 2, 1997, REQUIRING THE REMOVAL OF A
SECOND DWELLING UNIT AND THE CORRECTION OF BUILDING
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CODE VIOLATIONS AT 145 MOUNTAIN VIEW DRIVE, TUSTIN,
CALIFORNIA.
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e
I. The Board of Appeals of the. City of Tustin hereby finds
and determines as follows:
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A. That during December 1996, City staff inspected the
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garage and second dwelling unit at 145 Mountain
View Drive; .
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B. That on April 2, 1997, the Building Official issued
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a proper Notice and Order to the property owners
via certified mail, describing those conditions
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which -violate city and/or state laws and
established reasonable time periods for correction
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of those violations;
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C. That on April 30, 1997, an appeal was filed by the
attorney for the owners contesting a portion of the
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required actions contained in the Notice and Order
dated April 2, 1997;
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D. That on May 30, 1997, a request by the property
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owner attorney, for a time extension for the appeal
hearing was filed with the Building Official;
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E. That on June 3, 1997, the Building Official granted
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the time extension requested to allow for the
property owners to pursue legalization of the
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second dwelling unit at 145 Mountain View Drive;
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F. That pursuant to such appeal, a Public Hearing
before the Board of Appeals was duly noticed for
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6:00 p.m. on September 8, 1997; and,
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G. That witnesses were properly sworn and oral and
documentary evidence was duly presented to the
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Board of Appeals on September 8, 1997.
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Resolution No. 97-01
Board of Appeals
Page 2
II. The Board of Appeals hereby further finds and resolves as
follows:
A. That there is substantial evidence in the record
that each of the violations identified in the April
2, 1997 Notice and Order exists;
B. That the violations identified in the Notice and
Order demonstrate that substandard building
conditions exist;
C. That the extent of corrections ordered by the
Building Official. are appropriate for the property;
and,
D. That the time limitations for starting and
completing the corrections are reasonable.
III. Based upon the above findings and upon the oral and
documentary evidence submitted at its September 8, 1997
hearing, the Board of Appeals hereby upholds the decision
of the Building Official as set forth in the April 2,
1997 Notice and Order. of the Building Official subject
to the following conditions:
A. The property owners are hereby ordered to comply
with the requirements of the Notice and Order
identified in Attachment A of the related staff
report dated September 8, 1997 as attached hereto
and incorporated herein except for dates for
compliance which are hereby established by the
Board of Appeals.
1. The second dwelling unit shall be vacated
and an inspection for that unit scheduled
by October 8; 1997.
2. The kitchen and plumbing shall be removed
and all other code violations identified
in the Notice and Order shall be
corrected and inspected by October 15,
1997.
B. The Building Official is directed to provide a copy
of this Resolution to the Property Owner.
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Resolution No. 97-01
Board of Appeals
Page 3
C. In the event of non-compliance with the Notice and
Order by the property owner within the time frames
established by the Board of Appeals, the Board of
Appeals has requested that the City Attorney pursue
appropriate civil and/or criminal remedies to force
compliance with this Notice and Order.
PASSED AND ADOPTED at a Special Meeting of the Tustin Board of
Appeals, held on the 8th day of September, 1997.
HOWARD A. MITZMAN
CHAIRMAN
RICK BROWN
BOARD OF APPEALS SECRETARY
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
I, Rick Brown, Building Official and ex -officio Secretary of
the Board of Appeals of the City of Tustin, California, do
hereby certify that the whole number of the members of the
Board of Appeals of the City of Tustin is five; that the above
and foregoing Resolution No. 97-01 was duly passed and adopted
at a regular meeting of the Board of Appeals, held on the 8th
day of September, 1997.
RICK BROWN
BOARD OF APPEALS SECRETARY
C
C
C
G�'CV O
Community Development Department
City of Tustin
300 Centennial Way
Tustin, CA 92780
(714) 573-3100
September 10, 1997
Mr. William E. Cavanaugh
5140 Birch Street, Suite 100
Newport Beach, Ca. 92660
SUBJECT: BOARD OF APPEALS ACTION REGARDING THE SECOND DWELLING
UNIT AT 145 MOUNTAIN VIEW DRIVE, TUSTIN
Dear Mr. Cavanaugh:
On Monday, September 8, 1997, the Board of Appeals for the City of
Tustin heard an appeal regarding the second dwelling unit at 145
Mountain View Drive, Tustin.
The Board of Appeals took action on the appeal by adopting Board of
Appeals Resolution No. 97-01 (attached). The Resolution directs
the property owners to either legalize the dwelling unit or remove
it.
The specific dates for compliance are contained in Section III of
Resolution No. 97-01.
I look forward to resolving this matter in the near future. If you
have any questions, I may be reached at (714) 573-3130.
Sincerely,
Ric'k�Brown, C.B.O.
Building Official
CC: William Huston
Elizabeth Binsack
Lois Jeffrey
R8:br:9-10-97.boa
G�'fY �
�GS'C�� Community Development Department
City of Tustin
300 Centennial Way
Tustin, CA 92780
(714) 573-3100
September 10, 1997
Mr. Richard Delaney, C.P.A.
Dolphin Real Estate Group Investments, Inc.
651 Gateway Boulevard, Suite 790
South San Francisco, Ca. 94080
SUBJECT: BOARD OF APPEALS ACTION REGARDING THE SECOND DWELLING
UNIT AT 145 MOUNTAIN VIEW DRIVE, TUSTIN
Dear Mr. Delaney:
On Monday, September 8, 1997, the Board of Appeals for the City of
Tustin heard an appeal regarding the second dwelling unit at 145
Mountain View Drive, Tustin.
The Board of Appeals took action on the appeal by adopting Board of
Appeals Resolution No. 97-01 (attached). The Resolution directs
the property owners to either legalize the dwelling unit or remove
it.
The specific dates for compliance are contained in Section III of
Resolution No. 97-01.
I look forward to resolving this matter in the near future. If you
have any questions, I may be reached at (714) 573-3130.
Sincerely,
R&
Rick A. Brown, C.B.O.
Building Official
CC: William Huston
Elizabeth Binsack
Lois Jeffrey
R8:br:9-10-97.boa
G�Tv o
�GST�� Community Development Department
City of Tustin
300 Centennial Way
Tustin, CA 92780
(714) 573-3100
September 10, 1997
Elam-Lambrose Pt.
Leo C. Sutliff
2083 Grace Street
Riverside, Ca. 92504-5412
SUBJECT: BOARD OF APPEALS ACTION REGARDING THE SECOND DWELLING
UNIT AT 145 MOUNTAIN VIEW DRIVE, TUSTIN
Dear Mr. Sutliff:
On Monday, September 8, 1997, the Board of Appeals for the City of
Tustin heard an appeal regarding the second dwelling unit at 145
Mountain View Drive, Tustin.
The Board of Appeals took action on the appeal by adopting Board of
Appeals Resolution No. 97-01 (attached). The Resolution directs
the property owners to either legalize the dwelling unit or remove
it.
The specific dates for compliance are contained in Section III of
Resolution No. 97-01.
I look forward to resolving this matter in the near future. If you
have any questions, I may be reached at (714) 573-3130.
Sincerely,
�a _
Rick A. Brown, C.B.O.
Building Official
CC: William Huston
Elizabeth Binsack
Lois Jeffrey
RB:br:9-10-97.boa
G�'CY �
�S�,� Community Development Department
City of Tustin
300 Centennial Way
Tustin, CA 92780
(714) 573-3100
September 10, 1997
Riverside Properties
Dolphin Real Estate Group
1027 Terra Nova Boulevard
Pacifica, Ca. 94044
SUBJECT: BOARD OF APPEALS ACTION REGARDING THE SECOND DWELLING
UNIT AT 145 MOUNTAIN VIEW DRIVE, TUSTIN
Dear Property Owner:
On Monday, September 8, 1997, the
Tustin heard an appeal regarding
Mountain View Drive, Tustin.
Board of Appeals for the City of
the second dwelling unit at 145
The Board of Appeals took action on the appeal by adopting Board of
Appeals Resolution No. 97-01 (attached).. The Resolution directs
the property owners to either legalize the dwelling unit or remove
it.
The specific dates for compliance are contained in Section III of
Resolution No. 97-01.
I look forward to resolving this matter in the near future
have any questions, I may be reached at (714) 573-3130.
Sincerely,
"a
Rick A. Brown, C.B.O.
Building Official
CC: William Huston
Elizabeth Binsack
Lois Jeffrey
R8:br:9-10-97.boa
If you
GMTV O
GS�`2 Community Development Department
City of Tustin
300 Centennial Way
Tustin, CA 92780
(714) 573-3100
September 10, 1997
James W. Yaldi
2030 Main Street, Suite 1020
Irvine, Ca. 92714
SUBJECT: BOARD OF APPEALS ACTION REGARDING THE SECOND DWELLING
UNIT AT 145 MOUNTAIN VIEW DRIVE, TUSTIN
Dear Mr. Yaldi:
On Monday, September 8, 1997, the
Tustin heard an appeal regarding
Mountain View Drive, Tustin.
Board of Appeals for the City of
the second dwelling unit at 145
The Board of Appeals took action on the appeal by adopting Board of
Appeals Resolution No. 97-01 (attached). The Resolution directs
the property owners to either legalize the dwelling unit or remove
it.
The specific dates for compliance are contained in Section III of
Resolution No. 97-01.
I look forward to resolving this matter in the near future
have any questions, I may be reached at (714) 573-3130.
Sincerely,
aRick4a-
Rick
A. Brown, C.B.O.
Building Official
CC: William Huston
Elizabeth Binsack
Lois Jeffrey
RB:br:9-10-97.boa
If you
T
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128
RESOLUTION NO. 97-01
A RESOLUTION OF THE BOARD OF APPEALS OF THE CITY OF
TUSTIN, CALIFORNIA, UPHOLD-ING THE DECISIONS OF THE
BUILDING OFFICIAL CONTAINED IN THE NOTICE AND ORDER
DATED APRIL 2, 1997, REQUIRING THE REMOVAL OF A
SECOND DWELLING UNIT AND THE CORRECTION OF BUILDING
CODE VIOLATIONS AT 145 MOUNTAIN VIEW DRIVE, TUSTIN,
CALIFORNIA.
I. The Board of Appeals of the City of Tustin hereby finds
and determines as follows:
A. That during December 1996, City staff inspected the
garage and second dwelling unit at 145 Mountain
View Drive;
B. That on April 2, 1997, the Building Official issued
a proper Notice and Order to the property owners
via certified mail, describing those conditions
which violate city and/or state laws and
established reasonable time periods for correction
of those violations;
C. That on April 30, 1997, an appeal was filed by the
attorney for the owners contesting a portion of the
required actions contained in the Notice and Order
dated April 2, 1997;
D. That on May 30, 1997, a request by the property
owner attorney, for a time extension for the appeal
hearing was filed with the Building Official;
E. That on June 3, 1997, the Building Official granted
the time extension requested to allow for the
property owners to pursue legalization of the
second dwelling unit at 145 Mountain View Drive;
F. That pursuant to such appeal, a Public Hearing
before the Board of Appeals was duly noticed for
6:00 p.m. on September 8; 1997; and,
G. That witnesses were properly sworn and oral and
documentary evidence was duly presented to the
Board of Appeals on September 6, 1997.
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Resolution No. 97-01
Board of Appeals
Page 2
II. The Board of Appeals hereby further finds and resolves as
follows:
A. That there is substantial evidence in the record
that each of the violations identified in the April
2, 1997 Notice and Order exists;
B. That the violations
Order demonstrate
conditions exist;
identified in the Notice and
that substandard building
C. That the extent of corrections ordered by the
Building Official are appropriate for the property;
and,
D. That the time limitations for starting and
completing the corrections are reasonable.
III. Based upon the above findings and upon the oral and
documentary evidence submitted at its September 8, 1997
hearing, the Board of Appeals hereby upholds the decision
of the Building Official as set forth in the April 2,
1997 Notice and Order of the Building Official subject
to the following conditions:
A. The property owners are hereby ordered to comply
with the requirements of the Notice and Order
identified in Attachment A of the related staff
report dated September 8, 1997 as attached hereto
and incorporated herein except for dates for
compliance which are hereby established by the
Board of Appeals.
1. The property, owners or their agent shall
file a complete application for a
conditional use permit for the second
dwelling unit by 5:00 p.m. on September
22, 1997. If a complete conditional use
permit application is not filed by
September 22, 1997, the second dwelling
unit shall be:
a) Vacated and inspected by October 22,
1997; and,
b) The kitchen and plumbing
improvements and remaining code
violations shallbe removed,
corrected, and inspected by October
29, 1997.
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Resolution No. 97-01
Board of Appeals
Page 3
2. If a conditional use permit for the
second dwelling unit is denied, the
property owners shall:
a) Have the unit vacated and inspected
within 30 days from the date of
denial;
b) Have the kitchen and plumbing
removed and inpsected within 45 days
of the date of denial;
c) Have all remaining code violations
corrected and inspected within 45
days of the date of denial.
3. If a Conditional Use Permit is approved,
the property owners shall promptly
complete the correction of all code
violations and comply with all conditions
of approval within the time limits
established by the approved Conditional
Use Permit.
B. The Building Official is directed to provide a copy
of this Resolution to the Property Owner.
C. In the event of non-compliance with the Notice and
Order by the property owner within the time frames
established by the Board of Appeals, the Board of
Appeals has requested that the City Attorney pursue
appropriate civil and/or criminal remedies to force
compliance with this Notice and Order.
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Resolution No. 97-01
Board of Appeals
Page 4
PASSED AND ADOPTED at a Special Meeting of the Tustin Board of
Appeals, held on the 8th day of September, 1997.
• ••
CHAIRMAN
a , ,L,
/q
RICK BROWN
BOARD OF APPEALS SECRETARY
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
I, Rick Brown, Building Official and ex -officio Secretary of
the Board of Appeals of the City of Tustin, California, do
hereby certify that the whole number of the members of the
Board of Appeals of the City of Tustin is five; that the above
and foregoing Resolution No. 97-01 was duly passed and adopted
at a regular meeting of the Board of Appeals, held on the 8th
day of September, 1997.
-4 �'� C'- /cy. 12 7
RICK BROWN
BOARD OF APPEALS SECRETARY