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HomeMy WebLinkAboutBuilding Board of Appeals 12-9-96M I N U T E S CITY OF TUSTIN BOARD OF APPEALS REGULAR MEETING DECEMBER 9, 1996 CALL TO ORDER: 6:33 p.m., City Council Chambers ROLL CALL: Board of Appeals Present: Board Member Lou Bone, Chairman Board Member David Vandaveer, Vice Chairman Board Member Steve Kozak Board Member Howard Mitzman Board Member Leslie Pontious Staff Present: Elizabeth Binsack, Community Development Director Joe Forbath, City Attorney Lois Bobak, City Attorney Rick Brown, Building Official Kathy Martin, Recording Secretary PUBLIC HEARING 1. lla e artmentsFden c a venue Recommendation - That the Board of Appeals consider an appeal of the City's pending notification to the Franchise Tax Board regarding ongoing substandard housing conditions at the McFadden Village Apartments. The Public Hearing opened at 6:34 p.m. Lois Bobak introduced City Attorney Joe Forbath. Presentation: Rick Brown, Building Official Commissioner Bone asked about the court order referenced in Appendix I (Appendix 5.2B) of the Board of Appeals application. Board of Appeals Minutes December 9, 1996 Page 2 Rick Brown stated that the question should be addressed to Mr. Pai, and that he was unaware of a court order prohibiting Mr. Pai from correcting the substandard conditions. Joe Forbath stated that he believed Mr. Pai was referring to the appointment of the receiver on the property and an unrelated action. There was a foreclosure proceeding that was initiated separately and apart from the City's action. There was a stipulation in a separate action initiated by the lender to have a receiver appointed. Chairman Bone noted that corrective work is necessary to bring the complex up to code. Joe Forbath noted that this proceeding would effect the current and future property owners, and that the goal was to bring the property into compliance. After the property is brought into compliance, the City will rescind the notice of non-compliance and notify the appropriate agencies. David Sanner, attorney for the appellant, stated that there are two issues. The pending court action and the affect that it has on what the Board is considering tonight and the recent bankruptcy that has been filed. He noted that Mr. Pai does not have an ownership interest in the property, the McFadden Village is owned by two limited partnerships, the majority interest being owned by Pai 25 a limited partnership. He stated that on November 6, 1996 Pai 25 filed a Chapter 11 bankruptcy proceeding in federal court. An automatic stay went into affect which prevents certain creditors from taking action against the debtor unless permission is granted by the bankruptcy court to lift the stay. He stated that the City's action would result in some financial detriment to the property owner. He further stated that the recommended action will not result in corrective action nor would it benefit the tenants. He indicated that the measure was punitive and is designed to deny tax benefits to the owner. He stated that there is a risk that the Board will be in violation of the automatic stay. He stated that there is an issue related to the intent of the statute and the six month notice provision. The property owner was notified of the violations and had six months to comply with those violations or risk being affected by the recommended action. The six months expired on October 17, 1996. However, two and a half months prior to that deadline, the owners of McFadden Village were required to turn over possession, control and management of that property to a court appointed receiver. The receiver was appointed Board of Appeals Minutes December 9, 1996 Page 3 in a separate court action that was brought by the lender. As a result of that court order, his clients are prevented from completing the repairs. He stated that the receiver is obligated to make the repairs; therefore, it would be unfair to take the proposed action. Joe Forbath reiterated that this is not a punitive action against Mr. Pai but rather a regulatory action the City is proceeding with against the property and all property owners who are on title or may be on title at a later date. If Mr. Pai no longer has ownership interest in the property, this ruling will not affect Mr. Pai. Joe Forbath addressed the issue of the automatic stay. He stated that this action will not violate the automatic stay because the action will not result in a monetary gain for the City. The state will withhold the tax benefits from property owners until the substandard conditions are remedied. He stated that this property was set for foreclosure on November 5th or 7th. He noted that if Cthe property went into foreclosure, the receiver was ready to effectuate the repairs. Mr: Pai, by one of his limited partnerships filing the bankruptcy proceedings, stopped that foreclosure proceeding from going forward and has in effect stopped the receiver from making the repairs. He stated that because Mr. Pai cannot go onto the property and effectuate the repairs, does not prevent the Board from taking this action. He noted that the revenue and taxation codes have specific exceptions and state when a City cannot provide notice to the Franchise Tax Board for non- conformance. The exception provisions do not apply in this instance. Chairman Bone inquired if Mr. Pai was the general partner. Joe Forbath responded that Mr. Pai is the general partner for two partnerships that are on legal title to the property, Pai 25 and Pai 16. He stated that a courtesy notice was given to the receiver and the lender. Chairman Bone noted that most of the violations date back to February 5, 1996; and, the property owner had 30-60 days to address those violations. Joe Forbath reiterated the lengthy enforcement action and key dates associated with this case. Board of Appeals Minutes December 9, 1996 Page 4 David Sanner stated that most of the violations were corrected before the partnerships lost the right of possession of the property. A large sum of money was spent to correct those violations. He inquired as to how serious the remaining violations could be if the receiver has not made any repairs, and questioned the City's enforcement on the receiver. He reiterated the automatic stay provisions of the bankruptcy which allow for an exception for the City to enforce health code violations, and the bankruptcy did not prevent the receiver from completing the repairs. He concurred with the Deputy City Attorney that the City would not be in violation of the automatic stay. The test of. violation of an automatic stay is whether someone does something that would affect the debtor's estate. If the property owner is denied substantial tax benefits, and is found to be owing the state more taxes than they would otherwise owe, that would affect the estate of the debtor. Chairman Bone stated that he did not understand why Mr. Pai did not complete all the work prior to when this court order was issued. CHe noted that this has been going on for several months; and, there are health and safety concerns. David Sanner stated that all of the internal violations were corrected, 80 percent of all the violations were corrected, and the most serious violations were corrected first. The landscaping, painting and cosmetic items were to be completed last. He stated that the most important aspect, i.e. the stairs, the landings and most of the roofs and all the internal violations were corrected. He stated that because the City has not required the receiver to complete the repairs, the existing conditions cannot be that serious. He stated that if the Board has any doubt about violating a federal court order, they should revisit the issue after the stay has been lifted or the bankruptcy has been dismissed. He stated that he has talked to the bankruptcy attorney about this issue and the attorney concurs with his position. Joe Forbath responded that the City would not be denying the tax credits. He stated that the City would be notifying the Franchise Tax Board that the property is in non-compliance. If the tax credits are not given, that action will be taken by the State of California. Rick Brown stated that there have been partial repairs to seven of the buildings. The flat roof portions of seven buildings have been reroofed; however, the sloping roofs have not been repaired. No building at the site has been completely reroofed; therefore, the Board of Appeals Minutes December 9, 1996 Page 5 buildings are probably leaking due to the lack of completion of those roofing repairs for what is now 270 days since the original notice was given to the property owner. He noted that the interior violations are completed. A considerable number of those violations were related to water damage, water intrusion into the buildings and drywall dropping off the ceilings. He stated that the City is now faced with, the same problems as last winter. He acknowledged that the majority of the stairways were repaired. He also stated that none of the balconies and balcony waterproofing has been completed. He stated that during spring and early summer a haphazard piecemeal effort was made and there have been no actions since. He further stated that to characterize this project as being on its way to compliance is a gross misstatement. Mr. Pai stated that as for the problematical things Mr. Brown stated, he lost control of this property on August 5, 1996. He stated that until that time he spent $132,000. He stated that he spent more money that what he had collected in rents to correct the substandard conditions on the property. He stated that after August 5, 1996, the City has not taken any action whatsoever to have the conditions corrected. The $80,000 in rent collected by the receiver has been transferred to the lender. He stated that if he was in control of the property, all the money would have been spent to correct the violations on the property. He stated that since he was ordered by the court not to go on the property and do any repairs, he did not understand how he could be in violation. He stated that the City of Tustin Building Department is to blame because nothing has been completed since August 5, 1996. He noted that he spoke with his ex -manager on a regular basis to see what was done and received the receiver's reports every month and noted that no rents were spent on correction of the violations. He stated that if the City officials really believed that these violations are health and safety code violations, then the City is doing a great disservice to the residents of McFadden Village. He stated that he wrote a letter to the lender saying how hard he worked to comply with the City. He stated that he used personal funds to correct the violations. The lender is in a very good positionbecause he has recouped $80,000 of the money that could have been used for the improvement of the property. He stated that since he did not have control, he does not know how he could have complied with the court order. Chairman Bone inquired how long Mr. Pai owned the 18 year old apartment complex. Board of Appeals Minutes December 9, 1996 ( Page 6 Mr. Pai stated that he has owned the, apartment complex for 10 years. Chairman Bone stated that Mr. Pai is the one who let the complex run down. He stated that he believed the only'reason that Mr. Pai is in this situation today is because he did not maintain the property. He stated that Mr. Pai owns approximately 1,400 units which are valued over $50,000,000. He stated that Mr. Pai could have found the money to repair the complex. He further stated that he did not feel sorry for Mr. Pai. Mr. Pai responded that Chairman Bone's statement was incorrect. The records are old records and in the ten years of his ownership of McFadden Village, there were no violations. He stated that he does not have $50,000,000 worth of property today. He stated that at the last meeting, some Board members mentioned that they had visited some of the properties that were described in his brochure. He stated that he sold those properties before and did not own them at the time. He stated that the opinion of the Board had created was a prejudiced opinion. He stated that he stands to lose half a million dollars by not doing the repairs and that since he is so close to completing the repairs, if he had the funds he would have completed the repairs. Chairman .Bone asked if Mr. Pai would want to live at the apartments. Mr. Pai noted that he would not want to live at the apartments because he has a home of his own. Lois Bobak stated that the Board was digressing from the issue. Elizabeth Binsack stated that Mr. Pai's statement about the City's disservice to the residents of McFadden Village and that the property's substandard conditions are the City's fault is wholly incorrect. She stated that the city commenced inspections of the property in January of 1996 and first formally notified Mr. Pai on February 22, 1996. She noted that the Board considered the project at an appeal hearing on April 8, 1996 at which time the Board further ordered corrective action to be done on the property. She stated that it was not until the City filed in Superior Court that Mr. Pai did anything to substantially correct the violations. The City had to request an individual to vacate a unit because of water damage to a ceiling where the drywall had fallen in. She stated that it was last year during the rainy season that Mr. Pai had indicated he had a whole year to correct the violations because the Board of Appeals Minutes December 9, 1996 Page 7 rainy season would not be upon us for some time. She stated that staff is again faced with the same situation. The court order states that the actions were to be taken within 30 days. She noted that Pai 25 and Pai 16 were still listed as the property owners within the 30 days. The receiver had not taken over at that point so Mr. Pai did have the ability to make those repairs. Rick Brown stated that since August 5, 1996, the Building Department has had no further interaction with Mr. Pai. He stated that City staff has had a half a dozen meetings with the receiver accompanied by site visits and walk-throughs describing precisely which areas need repair. He stated that staff had a number of meetings with potential buyers for the property where staff went through the entire scope of the violations, described what had been completed and what still needed to be completed. He stated that all those efforts were stopped by Pai 25's bankruptcy filing which stopped the foreclosure sale. He stated that staff has been in contact with the receiver and he has collected rents adequate to complete the roofing repairs and those are currently scheduled to % commence on December 16, 1996. He stated that the representation that staff has done nothing is wholly inaccurate. Boardmember Kozak stated that staff has done an excellent job in preparing the facts for the record. He -noted that if there is any disservice, it is not from staff. He stated that he believes that the burden of proof is not on the staff. He stated that he supports the enforcement action. oval u+ucuu�er Aozax moves noaremember Pontious seconded to uphold the decisions of the Building Official to notify the Franchise Tax Board of noncompliance with the order to correct substandard housing conditions at the subject property pursuant to Health and Safety Code section 17980 and Revenue and Taxation Code sections 17274 and 24436.5 (Attachment A) and to record Notice of Noncompliance (Attachment B) with the county recorder by adopting Board of Appeals Resolution No. 96-2 (Attachment C) as submitted. Motion carried 5-0. Board of Appeals Minutes December 9, 1996 Page 8 ADJOURNMENT: uvui.....cuu'=� V a Uaveez- movea, noaramemDer POntious seconded, to adjourn the Board of Appeals to the regular meeting of the Planning Commission at 7:00 p.m. The next meeting of the Board of Appeals will be set as items are scheduled for appeal. KATHLEEN MARTIN Recording Secretary LOU BONE Chairman . KATHLEEN MARTIN Recording Secretary 1 RESOLUTION NO. 96-2 2 A RESOLUTION OF THE BOARD OF APPEALS OF THE CITY OF TUSTIN, UPHOLDING THE DECISIONS OF THE 3 BUILDING OFFICIAL TO FILE NOTICE OF NONCOMPLIANCE WITH AN ORDER TO CORRECT 4 SUBSTANDARD HOUSING CONDITIONS AND NOTIFICATION TO THE FRANCHISE TAX BOARD 5 REGARDING MCFADDEN VILLAGE APARTMENTS AT 17271-17289 McFADDEN AVENUE TUSTIN, CALIFORNIA 6 I. The Board of Appeals of the City of Tustin does 7 hereby find and resolve as follows: 8 A. That on April 8, 1996 the Board of Appeal upheld the terms of the Notice and Order 9 issued February 22, 1996 regarding substandard housing.and property conditions at 17271-17289 10 McFadden Avenue. 11 B. That on April 15, 1996 a Final Notice and Order was issued which required correction of 12 sub -standard housing and property conditions at 17271-17289 McFadden Avenue. 13 C. That on April 17, 1996, the property owner was 14 notified of the City's intent to file notice ( with the Franchise Tax Board. 15 D. That on October 25, 1996 the property owner 16 was given final notice of the pending notification to Franchise Tax Board. 17 E. That on November 4, 1996 the property owner 18 filed an appeal with the Building Official regarding the pending notification to the 19 Franchise Tax Board. 20 F. That pursuant to such appeal, a hearing before the Board of Appeals was duly noticed for 6:30 21 p.m. on December 9, 1996. 22 G. That witnesses were properly sworn and oral and documentary evidence was duly presented to 23 the Board of Appeals on December 9, 1996. 24 H. There is substantial evidence that sub- standard housing conditions continue to exist 25 at 17271-17289 McFadden Avenue. 26 I. That proper notice of intent to file notice of sub -standard housing conditions with the 27 Franchise Tax Board was given on April 17, 1996. 28 1 C 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16, 17 18 19 20 21 22 23 24 25 26 27 MI Board of Appeals Resolution No. 96-2 Page 2 J. That final notice of intent to file notice of sub -standard housing conditions with the Franchise Tax Board was given on October 25, 1996. II. Based upon the above findings, and upon the oral and documentary evidence submitted .at its December 9, 1996 hearing, the Board of Appeals hereby upholds the decision of the Building Official to file notice of sub -standard housing conditions with the Franchise Tax Board as set forth in the October 25, 1996 letter to the property owner subject to the following conditions: A. The Building Official is directed to provide a copy of this resolution to the property owner. B. The Building Official is directed to file notice of sub -standard housing conditions with the Franchise Tax Board. C. The Building Official is directed to record notice of sub -standard housing conditions with the County Recorder. PASSED AND ADOPTED at a special meeting of the Tustin Board of Appeals, held on the 9th day of December, 1996. i garb ¢ eyes Recording Secretary LOU BONE Chairman 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Board of Appeals Resolution No. 96-2 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, BARBARA REYES, the undersigned, hereby certify that I am the Recording Secretary of the Board of Appeals of the City of Tustin, California; that Resolution No. 96-2 was duly passed and adopted at a special meeting of the Tustin Board of Appeals, held on the 9th day of December 9, 1996. ����� ✓.� i�iI CALL TO ORDER: ROLL CALL: PUBLIC HEARINGS A G E N D A CITY OF'TUSTIN BOARD OF APPEALS REGULAR MEETING DECEMBER 9, 1996 6:30 p.m., City Council Chambers Bone, Kozak, Mitzman, Pontious and Vandaveer IF YOU REQUIRE SPECIAL ACCOMMODATIONS, PLEASE CONTACT THE BUILDING OFFICIAL AT (714) 573- 3130. 1. McFadden Villa e A artments 1 1-1 c a en venue) Recommendation - That the Board of Appeals consider an appeal of the City's 'pending notification to the Franchise Tax Board regarding ongoing substandard housing conditions at the McFadden Village Apartments. ADJOURNMENT: The next meeting of the Board of Appeals will be set as items are scheduled for appeal. �V p� SATE: DECEMBER 9 1 6 � n t@ r- C O Ill �' ? ' 99 GSrC TO: BOARD OF APPEALS FROM: COMMUNITY DEVELOPMENT DEPARTMENT APPEAL OF THE BUILDING OFFICIAL'S DECISION RELATED TO THE SUBJECT: MCFADDEN VILLAGE APARTMENTS AT 17271-17289 MCFADDEN AVENUE RECOMMENDATION That the Board of Appeals uphold the decisions of the Building Official to notify the Franchise Tax Board of noncompliance with the order to correct substandard housing conditions at the subject property pursuant to Health and Safety Code section 17980 and Revenue and Taxation Code sections 17274 and 24436.5 (Attachment A) and to record Notice of Noncompliance (Attachment B) with the county recorder by adopting Board of Appeals Resolution No. 96-2 (Attachment C) as submitted or revised. The chronology of events related to the McFadden Village Apartments is as follows: January 1996 The City received several complaints related to housing conditions at McFadden Village Apartments. The City's response to the individual complaints revealed that there appeared to be code violations throughout the complex. February5-9, 1996 The City conducted comprehensive inspections of the apartment complex. The inspections resulted in the identification of approximately 252 code violations. February 22, 1996 The property owner was notified of the of the code violations and ordered to correct the substandard conditions by Notice And Order from the Building Official (Attachment D). March 20,1996 The property owner filed an appeal regarding the Notice and Order from the Building Official. April 8,1996 An appeal hearing was conducted regarding the Notice and Order from the Building Official. The Board Of Appeals upheld the decisions of the Building Official as contained in the Notice and Order (Attachment E). April 15, 1996 A final Notice and Order from the Building Official was issued to the property owner (Attachment F). Board of Appeals Report McFadden Village Apartments December 9, 1996 Page 2 April 17, 1996 The property owner was notified of the City's intent to file a notice with the Franchise Tax Board regarding the substandard housing conditions at McFadden Village Apartments (Attachment G). As per the Health and Safety Code, the Franchise Tax Board may deny tax benefits to an owner of rental property which is maintained in a substandard condition. June 5, 1996 Due to noncompliance with the Notice and Order from the Building Official and the Board of Appeals, the City filed motion for preliminary injunction in Superior Court. Within the motion for preliminary injunction, the City requested that the Court order the property owner to correct the sub -standard housing conditions and property maintenance violations at the property. June 21, 1996 The Court issued its order for preliminary injunction ordering the property owner to complete all corrective work within thirty days. July 25, 1996 The property owner failed to complete the corrective work by the deadline set by the Court. August 5, 1996 Mr. Pai, Pai 16 LTD, and Pai 25 LTD surrendered possession, control, and management of the property to a Court-appointed receiver. August 16,1996 The City filed motion for contempt in Superior Court due to non-compliance with the Court order to correct violations. September 25, 1996 Mr. Pai was found to be in contempt of Court via a stipulated agreement. October 25, 1996 The property owner was given final notice of the pending notification to the Franchise Tax Board (Attachment H). The six month period for correction of sub -standard conditions allowed by Health and Safety Code section 17980 and Revenue and Taxation Code sections 17274 and 24436.5 expired on October 17, 1996. The property owner was notified of his right to appeal the decision to notify the Franchise Tax Board. November 4, 1996 The property owner filed an application for an appeal hearing regarding the pending notification to the Franchise Tax Board (Attachment n. November 6, 1996 Pai 25 LTD filed for bankruptcy in U.S. Bankruptcy Court, Case Number 23240JB (Attachment J). Filing bankruptcy stopped the foreclosure sale for the property which was scheduled to occur on November 7, 1996. Board of Appeals Report McFadden Village Apartments December 9, 1996 Page 3 November 22,1996 The property owner was notified of the appeal hearing scheduled for December 9, 1996 (Attachment K). The City has been involved in efforts to require correction of sub -standard housing conditions at the McFadden Village Apartments since February 5, 1996 (the date of our initial inspection). Mr. Pai has been on notice to correct those sub -standard conditions since February 22, 1996. The property remains in sub -standard condition. Denial of tax benefits, to a property owner who maintains a sub- standard rental property after a six-month period to correct those conditions, is an appropriate sanction as provided by state law. CONCLUSION This property has not been maintained over the past eighteen years and does not meet the minimum requirements of the Uniform Housing Code and State Housing Law. The property owner has been provided with notice of the violations and with adequate time to correct those violations. Therefore, the appeal should be denied and the Notice of Noncompliance with Order to Correct Sub -Standard Housing Conditions Notification to the Franchise Tax Board should be sent to the Franchise Tax Board as authorized by adoption of Board of Appeals Resolution 96-2. Rick A Brown, CBO Elizabeth A. Binsack Building Official Community Development Director Attachments: A Health and Safety Code section 17980 Revenue and Taxation Code sections 17274 and 24436.5 B Notice of Noncompliance to Franchise Tax Board C Board of Appeals Resolution 96-2 D Initial Notice and Order 2/22/96 E Board of Appeals Report 4/8/96 F Final Notice and Order 4/15/96 G Notice of Intent to Notice Franchise Tax Board 4/17/96 H Final Letter of Pending Notification to Franchise Tax Board 10/25/96 I Application for Appeal Hearing 11/4/96 J Notice of Bankruptcy Filing 11/11/96 K Notice of Appeal Hearing 11/22/96 BOARD OF APPEALS REPORT ATTACHMENT A WAIS Uocument CALIFORNIA CODES HEALTH AND SAFETY CODE SECTION 17980-17992 HEALTH AND SAFETY CODE SECTION 17980 17980. (a) If any building is constructed, altered, converted, or maintained in violation of any provision of, or of any order or notice giving a reasonable time to correct that violation issued by an enforcement agency pursuant to, this part, the building standards published in the State Building Standards Code, or other rules and regulations adopted pursuant to this part, or if a nuisance exists in any building or upon the lot on which it is situated, the enforcement agency shall, after 30 days' notice to abate the nuisance, institute any appropriate action or proceeding to prevent, restrain, correct, or abate the violation or nuisance. (b) Whenever the enforcement agency has inspected or caused to be inspected any building and has determined that the building is a substandard building, the enforcement agency shall commence proceedings to abate the violation by repair, rehabilitation, vacation, or demolition of the building. The enforcement agency shall not require the vacating of a residential building unless it concurrently requires expeditious demolition or repair to comply with this part, the building standards published in the State Building Standards Code, or other rules and regulations adopted pursuant to this part. The owner shall have the choice of repairing or demolishing. However, if the owner chooses to repair, the enforcement agency shall require that the building be brought into compliance according to a reasonable and feasible schedule for expeditious repair. The enforcement agency may require vacation and demolition or may itself vacate the building, repair, demolish, or institute any other appropriate action or proceeding, if any of the following occur: (1) The repair work is not done as scheduled. (2) The owner does not make a timely choice of repair or demolition. (3) The owner selects an option which cannot be completed within a reasonable period of time, as determined by the department, for any reason, including, but not limited to, an outstanding judicial or administrative order. In deciding whether to require vacation of the building or to repair as necessary, the enforcement agency shall give preference to the repair of the building whenever it is economically feasible to do so, without having to repair more than 75 percent of the dwelling, as determined by the enforcement agency, and shall give full consideration to the needs for housing as expressed in the local jurisdiction's housing element. (c) Notwithstanding subdivision (b) and notwithstanding local ordinances, tenants in a residential building shall be provided notice of any violation described in subdivision (a) which affects the health and safety of the occupants and which violates Section 1941.1 of the Civil Code, an order of the code enforcement agency issued after inspection of the premises declaring the dwelling to be substandard, the enforcement agency's decision to repair or demolish, or the issuance of a building or demolition permit following the abatement order of an enforcement agency. The notice may be provided either by first-class mail to each affected residential unit, or by posting a copy of the notice in a prominent place on the affected residential unit at the discretion of the enforcement agency. (d) All notices issued by the enforcement agency to correct ,iolations or to abate nuisances shall contain a provision notifying he owner that, in accordance with Sections 17274 and'24436.5 of the revenue and Taxation Code, a tax deduction may not be allowed for interest, taxes, depreciation, or amortization paid or incurred in WAIS Document Retrieval Page 2 the taxable year. (e) The enforcement agency may charge the owner of the building for its postage or mileage cost for sending or posting the notices required to be given by this section. 17980.1. (a) If a building is identified by a city, city and county, or county pursuant to Article 4 (commencing with Section 19160) of Chapter 2 of Part 3 of Division 13, or Section 8875.2 of the Government Code as being potentially hazardous to life in the event of an earthquake or is identified for any other reason to be hazardous to life in the event of an earthquake, an order requiring the building to be retrofitted to local building standards may be executed by the enforcement agency or its agents or contractors if all of the following conditions are satisfied: (1) The hazardous condition is of a nature which would endanger the immediate health and safety of residents or the public in the event of an earthquake. (2) The extent and nature of the hazardous condition is such that it could be corrected with the application of current technology. (3) Any abatement order of the enforcement agency is not complied with or not so far complied with as the enforcement agency may regard as reasonable, within the time therein designated. (b) If the owner does not comply with the abatement order within a ' reasonable time after issuance of the order, the enforcement agency may, as an alternative to any other remedy permitted under law, seek the remedy provided by this section if the court finds the owner in violation of the abatement order and finds that the abatement order was issued in order to correct a hazardous condition which would endanger the immediate health and safety of residents or the public in the event of an earthquake. (c) After serving notice upon the owner not less than 48 hours prior to the filing of the application in accordance with the procedures for notice specified by this subdivision, the enforcement agency, in accordance with this section, Sections 17980.1 to 17980.3, inclusive, and Chapter 5 (commencing with Section 564) of Title 7 of Part 2 of the Code of Civil Procedure, may thereafter apply to the superior court in the county where the property is situated by petition for an order directing the owner and any mortgagees or lienors of record to show cause why an individual or group as ' proposed by the enforcement agency should not be appointed as a receiver, and why the receiver should not remove or remedy the condition and obtain a lien, as provided in Section 17980.2, in favor of the enforcement agency against the property, with the lien having the priority as specified in subdivision (b) of Section 17980.2, to secure repayment of the costs incurred by the receiver in removing or remedying the condition. The application shall contain all of the following: (1) Proof by affidavit that an abatement order of the enforcement agency has been issued and served on the owner, mortgagees, and lienors in accordance with this section, and that the notice containing the same particulars as are required in the abatement order, including the work to be done,_ has been filed in the office of the county recorder in which mechanic's liens affecting the property would be filed. (2) A statement that the abatement order has not been complied with or not so far complied with as the enforcement agency may regard as reasonable within the time period therein designated. (3) A statement that a condition which constitutes a serious earthquake hazard and is a serious threat to life, health, or safety continues to exist upon the property, and a description of the property and the factors constituting the unsafe condition. (4) A plan describing how the receiver shall perform the required' work, and how rents, issues, and profits shall be collected and WAIS Document Retrieval Page 3 distributed among the owner, mortgagee, lienor, and enforcement agency or receiver, and including an estimate as to the costs of the required work, the approximate time by which the repairs will be completed, a statement as to whether a displacement of any occupant Cis required, and provisions regarding assistance for displaced .>ccupants. .(d) The order to show cause shall be returnable not less than five days after service is completed and shall provide for personal service of a copy thereof and the papers on which it is based on the owners and mortgagees of record and lienors. Alternative service may be made upon the owner by posting upon the property and thereafter mailing to the owner at the last known address, and upon the mortgagee or lienor by mailing to the address set forth in the recorded mortgage or lien and by publication in a newspaper of general circulation in the county where the premises are located. The service shall be completed on filing proof of service thereof in the office of the county clerk. (e) On the return of the order to show cause, the proceeding regarding that order shall have precedence over every other business of the court, unless the court finds that some other pending proceeding, having a similar statutory precedence, shall have priority. If the court finds good cause therefor, and finds that the cost of repairs, when added to any encumbrances on the building, shall not exceed the projected value of the building when repaired, then the court shall appoint a receiver named in the application or another person deemed appropriate, in accordance with this section and Section 17980.2. However, prior to the appointment of a receiver, if the owner or any mortgagee or lienor or other person having an interest in the property applies to the court to be permitted to remove•or remedy the conditions, and demonstrates the ability promptly to undertake the work required, and posts security for the performance thereof within the time, and in the amount and manner deemed necessary by the court, then the court may, in lieu of Cappointing the receiver, issue an order permitting that person to perform the work within a time fixed by the court. (f) If the conditions have not been satisfactorily remedied or removed within the time fixed in the abatement order, then the court shall appoint a receiver. If, after granting a court order permitting a person to perform the work, but before the time fixed by the court for the completion thereof, it appears to the enforcement agency that the person permitted to do the work is not proceeding in a timely fashion, the enforcement agency may petition the court for a hearing to determine whether a receiver should be appointed immediately. On the failure of the owner, mortgagee, lienor, or other person having an interest in the property to complete the work in accordance with the provisions of the order, the costs of the receiver thereafter appointed in removing or remedying the condition, and for other charges herein provided for, shall be reimbursed, paid, or made subject to a lien pursuant to Section 17980,2, or any combination of these. (g) Upon the appointment of a receiver by the court, which shall include the posting of a bond by the receiver, pursuant to subdivision (b) of Section 567 of the Code of Civil Procedure, a copy of the order making the appointment, authenticated by a certificate of the clerk of the court and particularly describing the property which is subject to the receivership, shall be recorded in each county in which any portion of the land is located. (h) In addition to the powers specifically requested by the enforcement agency for the receiver, the receiver shall be authorized to employ attorneys, accountants, contractors, architects, engineers, and other clerical and professional personnel to assist the receiver in the performance of these duties and responsibilities. (i) Notwithstanding Section 6103 or 27383 of the Government Code, a county clerk or county recorder, or clerk of the court may charge a fee to any party, including a public agency, for the cost, incurred WAIS Document Retrieval Page 4 pursuant to this section, of filing, recording, or authentication of documents at the request of that party. 17980.2. (a) If the enforcement agency, in accordance with Section 17980.1, shall desire that the receiver obtain a lien for costs incurred in connection therewith in favor of the enforcement agency, the enforcement agency, within five days after the service of the abatement order upon the owner, shall serve a copy of the abatement order upon the lienor and mortgagee of record personally or by registered mail, return receipt requested, at the address set forth in the recorded mortgage or lien. A notice addressed to the mortgagee and lienor shall be appended to the copy of the abatement order, stating that in the event the unsafe conditions are not removed or remedied in the manner and within the time specified in the abatement order, the enforcement agency may apply to the superior court for an order to show cause why a receiver shall not be appointed. (b) The enforcement agency or a receiver appointed pursuant to this section and Section 17980.1 may record a lien against the real property on which the building is located for the expenses necessarily incurred in the execution of the abatement order, for work done in carrying out the abatement order, and for the costs incurred by the county recorder in recording the lien. Notwithstanding Section 6103 or 27383 of the Government Code, the county recorder may charge a fee to any party for the cost, incurred pursuant to this section, of recording the lien at the request of that party. Liens authorized by this subdivision shall specify the amount of the lien, the name of the agency or agencies on whose behalf the lien is imposed, the date of the abatement order or the order of the court which required the work to be done, the name of the receiver, if any, appointed pursuant to Section 17980.1, and the legal description assessor's parcel number, and the record owner of the real property. The lien shall be recorded in the office of the county recorder of any county in which all or any portion of the real property is located, and from the date of recording shall have the force, effect, and priority of a judgment lien. The enforcement agency may defer payment of the lien until the property is sold or the enforcement agency may require that the lien be paid in installments. The amount of the lien authorized by this subdivision shall in no event exceed the reasonable costs of repair, as determined pursuant to Section 17980.3. Nothing in this section or in Section 17980.3 shall authorize the forced sale of the property to secure payment of the judgment lien. (c) Whenever the enforcement agency has incurred expense for which payment is due under this section; Section 17980.3, or 17980.4, the enforcement agency may institute and maintain a suit against the owner of the building, and may recover the amount of that expense. In any case where expenditures have been made, or obligations incurred, by a receiver pursuant to Section 17980.3, and these are not paid or reimbursed from rents and income of the building, the receiver may institute and maintain a suit against the owner to recover the deficiency. Upon the awarding of a money judgment in any action authorized by this.section, until the same is paid or discharged, the judgment shall be a lien like other judgments, pursuant to Chapter 2 (commencing with Section 697.010) of Division 2 of Title 9 of Part 2 of the Code of Civil Procedure. (d) Unless, within six months after actual notice, proceedings to discharge the lien are undertaken by the party against whom, or against whose premises, a lien is claimed, the filing shall, as to all persons having actual notice, become conclusive evidence that the amount claimed in the lien, with interest, is due, and is a just lien upon the premises. (e) Where there is more than one owner, except as the owners may WAIS Document Retrieval Page 5 have otherwise mutually agreed, any owner who removes or remedies the unsafe condition shall be entitled to recover a proportionate share of the total expense of the compliance from all other owners to whom the abatement order was issued. C17980.3. (a) Any receiver appointed pursuant to this section shall have all of the powers and duties conferred by this.section, and Sections 17980.1 and 17980.2, and shall have the powers and duties of a receiver appointed in an action to foreclose a mortgage on real property, as provided in Chapter 5 (commencing with Section 564) of Title 7 of Part 2 of the Code of Civil Procedure. The receiver, with all reasonable speed, shall remedy the unsafe condition and remove all the delinquent matters and deficiencies in the building, as specified.in the abatement order. Unless otherwise ordered by the court, the receiver shall have the power to let contracts therefor or incur expenses in accordance with the provisions of local laws, ordinances, rules, or regulations applicable to contracts for public works. (b) If the conditions of the premises and repairs thereto significantly interfere with the peaceful enjoyment or safe and sanitary use of the premises by any tenant, the receiver shall arrange for comparable temporary housing which is decent, safe, and sanitary for each tenant required to be relocated. The receiver shall pay relocation costs to each tenant as provided in Section 7262 of the Government Code. The costs shall be limited to the time that the premises are being repaired. The receiver shall mail to the owner and tenants at least 30 days prior to completion of the repairs a notice that the unit will be available for occupancy. The tenant shall have 14 days from the date the receiver's notification was mailed to notify the landlord of his or her intent to reoccupy the dwelling unit. The tenant shall have seven days to reoccupy the unit once the unit is deemed habitable. Failure of the tenant to notify the owner and receiver of the tenant's intent to reoccupy the unit shall extinguish.this right to reoccupy. (c) The receiver shall be entitled to the same fees, commissions, and necessary expenses as receivers in actions to foreclose mortgages. These fees and commissions shall be paid into any fund created pursuant to Section 17980.5. The receiver shall be liable only in the receiver's official capacity for injury to person and property by reason of conditions of the premises in a case where an owner would have been liable. The receiver shall not be liable in the receiver's personal capacity. Upon the request of the receiver, the enforcement agency or the department, or both, shall make their personnel and facilities available to the receiver for the purpose of carrying out the receiver's duties as the receiver, and the cost of these services shall be deemed a necessary expense of the receiver: (d) The receiver shall be discharged upon rendering a full and complete accounting to the court when the condition has been removed and the cost thereof and all other costs authorized by this section have been paid, reimbursed, or made subject to a lien pursuant to subdivision (b) of Section 17980.2, or any combination of these. Upon the removal of the condition, the owner, the mortgagee, or any lienor may apply for the discharge of the receiver of all moneys not expended by the receiver for removal of the condition and all other costs authorized by this section. 17980.4. (a) Whenever the enforcement agency sues for the expenses involved in the execution of any order, it may join in the same suit and claim any civil remedy for the violation of any provisions of his chapter. Joint or several judgments may be had against one or more of the defendants in the suit, as they or any of them may be liable in respect of all or any of these claims. The expenses of executing the order, and any judgment in any abatement suit provided AIS Document Retrieval for in this chapter, and the several judgments that may be recovered for any of these expenses and judgments, until the same are paid or discharged, shall be a lien like other judgments, pursuant to Chapter 2 (commencing with Section 697.010) of Division 2 of Title 9 of Part 2 of the Code of Civil Procedure. (b) Nothing in this section or in Sections 17980.1 to 17980.3, inclusive, shall be deemed to relieve the owner of any civil or criminal liability incurred or any duty imposed by reason of acts or omissions of the owner prior to the appointment of any receiver, nor shall anything contained to those sections be construed to suspend during the receivership any obligation of the owner for the payment of taxes or operating and maintenance expenses of the dwelling or any obligation of the owner or any other person for the payment of mortgages or liens. The remedies pursuant to this section or Sections 17980.1 to 17980.3, inclusive, shall be in addition to any other remedies provided by law. 17980.5. The local enforcement agency may establish and maintain a special fund for the purpose of implementing Sections 17980.1 to 17980.4, inclusive. 0 17980.6. (a) If any building is maintained in a manner which violates any provisions of this part, the building standards published in the State Building Standards Code relating to the. provisions of this part, or any other rule or regulation promulgated pursuant to the provisions of this part, and the violations are so extensive and of such a nature that the health and safety of residents or the public is substantially endangered, the enforcement agency may issue an order or notice to repair pursuant to this part. (b) If the owner does not correct the condition that caused the 1 violation within a reasonable time after issuance of the notice or order, the enforcement agency may, in addition to any other remedies provided by law, seek the remedies provided for in Section 17980.7 if the court finds the owner responsible for a violation of this part and orders repairs as part o£ a civil or criminal judgment against the owner, or in a stipulation to a judgment by the owner which includes provisions governing repairs. 17980.7. If the owner fails to comply with the terms of the order or notice pursuant to Section 17980.6, the following provisions shall apply: (a) The enforcement agency may seek and the court shall order imposition of the penalties provided for under Chapter 6 (commencing with Section 17995). (b) (1) The enforcement agency may seek and the court may order the owner to not claim any deduction with respect to state taxes for interest, taxes, expenses, depreciation, or amortization paid or incurred with respect to the cited structure, in the taxable year of the initial order or notice, in lieu of the enforcement agency processing a violation in accordance with Sections 17274 and 24436.5 of the Revenue and Taxation Code. (2) If the owner fails to comply with the terms of the order or notice to correct the condition that caused the violation pursuant to subdivision (a) of Section 17980.5, the court may order the owner to not claim these tax benefits for the following year. (c) The enforcement agency, tenant, or tenant association or organization may seek and the court may order, the appointment of a receiver for the substandard building pursuant to this subdivision. In its petition to the court, the enforcement agency, tenant, or tenant association or organization shall include proof that notice of WAIS Document Retrieval Page 7 the petition was served not less than three days prior to filing the petition, pursuant to Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure, to all persons with a recorded interest in the real property upon which the C substandard building exists. (1) In appointing a receiver, the court shall consider whether the owner has been afforded a reasonable opportunity to correct the conditions cited in the notice of violation. (2) The court shall not appoint any person as a receiver unless the person has demonstrated to the court his or her capacity and expertise to develop and supervise a viable financial and construction plan for the satisfactory rehabilitation of the building. (3) If a receiver is appointed, the owner and his or her agent of the substandard building shall be enjoined from collecting rents from the tenants, interfering with the receiver in the operation of the substandard building, and encumbering or transferring the substandard building or real property upon which the building is situated. (4) Any receiver appointed pursuant to this section shall have all of the following powers and duties in the order of priority listed in this paragraph, unless the court otherwise permits: (A) To take full and complete control of the substandard property. (B) To manage the substandard building and pay expenses of the operation of the substandard building and real property upon which the building is located, including taxes, insurance, utilities, general maintenance, and debt secured by an interest in the real property. (C) To secure a cost estimate and construction plan from a licensed contractor for the repairs necessary to correct the conditions cited in the notice of violation. (D) To enter into contracts and employ a licensed contractor as necessary to correct the conditions cited in the notice of violation. C(E) To collect all rents and income from the substandard building. (F) To use all rents and income from the substandard building to pay for the cost of rehabilitation and repairs determined by the court as necessary to correct the conditions cited in the notice of violation. (G) To borrow funds to pay for repairs necessary to correct the conditions cited in the notice of violation and to borrow funds to pay for any relocation benefits authorized by paragraph (6) and secure that debt, with court approval, with a lien on the real property upon which the substandard building is located. The lien shall be recorded in the county recorder's office in the county within which the building is located. (H) To exercise the powers granted receivers under Section 568 of the Code of Civil Procedure. (5) The receiver shall be entitled to the same fees, commissions, and necessary expenses as receivers in actions to foreclose mortgages. (6) If the conditions of the premises or the repair or rehabilitation thereof significantly affect the safe and sanitary use of the substandard building by any tenant, to the extent that the tenant cannot safely reside in his or her unit, then the receiver shall provide relocation benefits in accordance with subparagraph (A) of paragraph (3) of subdivision (d). (7) The relocation compensation provided for in this section shall not preempt any local ordinance that provides for greater relocation assistance. (e) In addition to any reporting required by the court, the receiver shall prepare monthly reports to the state or local enforcement agency which shall contain information on at least the following items: (A) The total amount of rent payments received. WAIS Document Retrieval (B) Nature and amount of contracts negotiated relative to the operation or repair of the property. (C) Payments made toward the repair of the premises. (D) Progress of necessary repairs. (E) Other payments made relative to the operation of the building. (F) Amount of tenant relocation benefits paid. (9) The receiver shall be discharged when the conditions cited in the notice of violation have been remedied in accordance with the court order or judgment and a complete accounting of all costs and repairs has been delivered to the court. Upon removal of the condition, the owner, the mortgagee, or any lienor of record may apply for the discharge of all moneys not used by the receiver for removal of the condition and all other costs authorized by this section. (10) After discharging the receiver, the court may retain jurisdiction for a time period not to exceed 18 consecutive months, and require the owner and the enforcement agency responsible for enforcing Section 17980 to report to the court in accordance with a schedule determined by the court. (11) The prevailing party in an action pursuant to this section shall be entitled to reasonable attorney's fees and court costs as may be fixed by the court. (12) The county recorder may charge and collect fees for the recording of all notices and other documents required by this section pursuant to Article 5 (commencing with Section 27360) of Chapter 6 of Division 2 of Title 3 of the Government Code. (13) Nothing in this section shall be construed to limit those rights available to tenants and owners under any other provision of the law. (14) Nothing in this section shall be construed to deprive an owner of a substandard building of all procedural due process rights guaranteed by the California Constitution and the United States Constitution, including, but not limited to, receipt of notice of the violation claimed and an adequate and reasonable period of time to comply with any orders which are issued by the enforcement agency or the court. (d) If the court finds that a building is in a condition which substantially endangers the health and safety of residents pursuant to subdivision (a) of Section 17980.6, upon the entry of any order or judgment, the court shall do all of the following: (1) Order the owner to pay all reasonable and actual costs of the enforcement agency including, but not limited to, inspection costs, investigation costs, enforcement costs, attorney fees or costs, and all costs of prosecution. (2) Order that the local enforcement agency shall provide the tenant with notice of the court order or judgment. (3) (A) Order that if the owner undertakes repairs or rehabilitation as a result of being cited for a notice under this chapter, and if the conditions of the premises or the repair or rehabilitation thereof significantly affect the safe and sanitary use of the premises by any lawful tenant, so that the tenant cannot safely reside in the premises, then the owner shall provide or pay relocation benefits to each lawful tenant. These benefits shall consist of actual reasonable moving and storage costs and relocation compensation. The actual moving and storage costs shall consist of all of the following: (i) Transportation of the tenant's personal property to the new location. The new location shall be in close proximity to the substandard premises, except where relocation to a new location beyond a close proximity is determined by the court to be justified. (ii) Packing, crating, unpacking, and uncrating the tenant's personal property. (iii) Insurance of the tenant's property while in transit. (iv) The reasonable replacement value of property lost, stolen, or 8 C C WAIS Document Retrieval damaged (not through the fault or negligence of the displaced person, his or her agent or employee) in the process of moving, where insurance covering the loss, theft, or damage is not reasonably available. (v) The cost of disconnecting, dismantling, removing, reassembling, reconnecting, and reinstalling machinery, equipment, or other personal property of the tenant, including connection charges imposed by utility companies for starting utility service. (B)(i) The relocation compensation shall be an amount equal to the differential between the contract rent and the fair market rental value determined by the federal Department of Housing and Urban Development for a unit of comparable size within the area for the period that the unit is being repaired, not to exceed 120 days. (ii) If the court finds that a tenant has been substantially responsible for causing or substantially.contributing to the substandard conditions, then the relocation benefits of this section shall not be paid to this tenant. Each other tenant on the premises who has been ordered to relocate due to the substandard conditions and who is not substantially responsible for causing or contributing to the conditions shall be paid these benefits and moving costs at the time that he or she actually relocates. (4) Determine the date when the tenant is to relocate, and order the tenant to notify the enforcement agency and the owner of the address of the premises to which he has relocated within five days after the relocation. (5) (A) Order that the owner shall offer the first right to occupancy of the premises to each tenant who received benefits pursuant to subparagraph (A) of paragraph (3), before letting the unit for rent to a third party. The owner's offer on the first right to occupancy to the tenant shall be in writing, and sent by first-class certified mail to the address given by the tenant at the time of relocation. If the owner has not been provided the tenant's address by the tenant as prescribed by this section, the owner shall not be required to provide notice under this section or offer the tenant the right to return to occupancy. (B) The tenant shall notify the owner in writing that he or she will occupy the unit. The notice shall be sent by first-class certified mail no later than 10 days after the notice has been mailed by the owner. (6) Order that failure to comply with any abatement order under this chapter shall be punishable by civil contempt, penalties under Chapter 6 (commencing with Section 17995), and any other penalties and fines as are available. (e) The initiation of a proceeding or entry of a judgment pursuant to this section or Section 17980.6 shall be deemed to be a "proceeding" or "judgment" as provided by paragraph (4) or (5) of subdivision (a) of Section 1942.5 of the Civil Code. (f) The term "owner," for the purposes of this section, shall include the owner, including any public entity that owns residential real property, at the time of the initial notice or order and any successor in interest who had actual or constructive knowledge of the notice, order, or prosecution. (g) These remedies shall be in addition to those provided by any other law. (h) Nothing in this section or in Section 17980.6 shall impair the rights of an owner exercising his or her rights established pursuant to Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the Government Code. 17980.8. Notwithstanding any other provision of law, if a 9etermination that an unsafe or substandard condition exists in any building, or upon the lot upon which it is situated, has been made in an administrative proceeding conducted under this part, including any code incorporated by Section 17922, the enforcement agency may WAIS Document Retrieval Pace 10 abate the nuisance as provided in this part or exercise any other authority conferred upon it by this part, subject only to the exclusive remedy of the owner to challenge the administrative determination pursuant to Section 1094. 5 of the Code of Civil Procedure. The court may exercise its independent judgment on the evidence to determine whether the findings are supported by the weight of the evidence. This section shall apply only to administrative proceedings commenced on or after January 1, 1990. 17980.8. An enforcement agency which properly declares any dwelling• a nuisance and, using the notice requirements and procedures specified in Subchapter 1 (commencing with Section 1) of Chapter 1 of Part 1 of Title 25 of the California Code of Regulations, confirms the declaration by resolution of its governing board shall be deemed to have acquired jurisdiction to abate the nuisance by repairing or causing to have repairs made to the property, by razing or removing the dwelling or in any other way causing the nuisance to be abated. (b) The enforcement agency shall keep an itemized account of all of the expenses involved in abating the nuisance, including the razing or removing of the dwelling. The enforcement agency shall cause to be posted conspicuously on the property from which the nuisance was abated, repairs made or from which the dwelling was razed or removed, an expense statement. This statement shall be verified by the officer of the enforcement agency in charge of doing the work, showing the reasonable gross and net expense of the abatement actions taken by the agency, including the expense of inspections; repairs, if any; the cost of the razing or removing of the building, if applicable; and any other costs of abatement, together with a notice of the time and place when and where the statement shall be submitted to the governing board of the enforcement agency for approval and confirmation. In addition to being posted on the property, this statement shall be sent by certified mail to each owner and other interested party, as specified in Subchapter 1 (commencing with Section 1) of Chapter 1 of Part 1 of Title 25 of the California Code of Regulations. (c) At the meeting noticed pursuant to subdivision (b), the governing board shall consider any objections or protests, if any, which may be raised by the property owner liable to be assessed for the cost of such work, or by any other interested persons. If the governing board confirms the statement of costsof abatement, those costs shall be the obligation of each owner of the property to pay to the public entity which has incurred them. (d) Notwithstanding any other provision of law, any hearing required under this section shall be conducted in accordance with requirements adopted by the enforcement agency that are in substantial compliance with those contained in Chapter 13 (commencing with Section 1301), or the successor provisions to that chapter, of the most recent edition of the Uniform Housing Code of the International Conference of Building Officials. 17981. An enforcement agency which institutes any action or proceeding pursuant to this article may, by verified complaint setting forth the facts, apply to the superior court for an order granting the relief for which the action or proceeding is brought until the entry of a final judgment or order. 17982. If any notice or order issued by an enforcement agency is not complied with within a reasonable time as specified in such notice or order the enforcement agency may apply to the superior court for an order authorizing it to remove any violation or abate WAIS Document Retrieval any nuisance specified in the notice or order. 7983. The superior court may make any order for which application _s made pursuant to this article. 17989. Neither an enforcement agency, any of its officers, nor any city or county for which an enforcement agency may act, is liable for costs in any action or proceeding that the enforcement agency may commence pursuant to this article. 17985. (a) Any enforcement agency which institutes an action or proceeding pursuant to this article shall record a notice of the pendency of the action or proceeding in the county recorder's office of the county where the property affected by the action or proceeding is situated. The enforcement agency may charge the property owner for any cost involved in recording the notice. The enforcement agency shall reimburse the owner for any amount charged if the case is dismissed or if the defendant is found innocent. The notice shall be recorded at the time of the commencement of the action or proceeding. It has the same effect as the notice of pendency of action provided for in the Code of Civil Procedure. (b) The enforcement agency shall record a notice of final disposition of any action or proceeding in the county recorder's office where the property affected by the action or proceeding was recorded immediately following final resolution of the action or proceeding. ..7988. The county recorder with whom a notice of pendency of action or proceeding is filed shall record and index it in the name of each person to be specified in a direction subscribed by an officer of the enforcement agency instituting the action or proceeding. 17987. Any notice of pendency of action or proceeding may be vacated upon the order of a judge of the court in which the action or proceeding is pending. A certified copy of the order of vacation may be recorded in the office of the recorder of the county where the notice of pendency of action is recorded. 17988. In any action or proceeding brought pursuant to this article, service of summons is sufficient if served in the manner provided in the Code of Civil Procedure. 17989. Except under conditions immediately affecting health or safety, every notice or order issued pursuant to this part shall be served five days before the time for doing or refraining from doing the thing to which it pertains. 17990. The time to file a written pleading in response to a summons n an action brought pursuant to this article is 10 days. WAIS Document Retrieval 17991. The sale or other transfer of property to a third party shall not render moot an action or proceeding pursuant to this article, including an action under Section 17982, instituted by an enforcement agency against the owner of record on the date a citation for a violation of this part was issued. 17992. Any person who obtains an ownership interest in any property after a notice of pendency of an action or proceeding was recorded with respect to such property pursuant to Section 17985 and where there has been no withdrawal or expungement of the notice, shall be subject to any order to correct a violation, including time limitations, specified in a citation issued pursuant to Sections 17980 and 17981. C C REVENUE AND TAXATION CODE SECTION 17274 017274. (a) Notwithstanding any other provisions in this part to the contrary, in the case of a taxpayer who derives rental income from substandard housing located in this state, no deduction shall be allowed for interest, taxes, depreciation, or amortization paid or incurred in the taxable year with respect to the substandard housing, except as provided in subdivision (e). (b) "Substandard housing" means housing for which both of the following apply: (1) The housing has been determined by a state or local government regulatory agency to violate state law or local codes dealing with health, safety, or building. (2) Either of the following occur: (A) After written notice of violation by the regulatory agency, specifying the applicability of this section, the housing has not been brought to a condition of compliance within six months after the date of the notice or the time prescribed in the notice, whichever period is later. (B) Good faith efforts for compliance have not been commenced, as determined by the regulatory agency. "Substandard housing" shall also mean employee housing that has not, within 30 days of the date of the written notice of violation or the date for compliance prescribed in the written notice of violation, been brought into compliance with the conditions stated in the written notice of violation of the Employee Housing Act (Part 1 (commencing with Section 17000) of Division 13 of the Health and Safety Code) issued by the enforcement agency that specifies the application of this section. The regulatory agency may, for good use shown, extend the compliance date prescribed in a violation C Mice. WAIS Document Retrieval Paee 19 (c) (1) When the period specified in subdivision (b) has expired without compliance, the regulatory agency shall mail to the taxpayer a notice of noncompliance. The notice of noncompliance shall be in a form and shall include information prescribed by the Franchise Tax Board, shall be mailed by certified mail to the taxpayer at the taxpayer's last known address, and shall advise the taxpayer (A) of an intent to notify the Franchise Tax Board of the noncompliance within 10 days unless an appeal is filed, (B) where an appeal may be filed, and (C) of a general description of the tax consequences of the filing with the Franchise Tax Board. Appeals shall be made to the same body and in the same manner as appeals from other actions of the regulatory agency. If no appeal is made within 10 days or after disposition of the appeal if the regulatory agency is sustained, the regulatory agency shall notify, in writing, the Franchise Tax Board of the noncompliance. (2) The notice of noncompliance shall contain the legal description or the lot and block numbers of the real property, the assessor's parcel number, and the name of the owner of record as shown on the latest equalized assessment roll. In addition, the regulatory agency shall, at the same time as notification of the notice of noncompliance is sent to the Franchise Tax Board, record a copy of the notice of noncompliance in the office of the recorder for the county in which the substandard housing is located that includes a statement of tax consequences that may be determined by the Franchise Tax Board. However, the failure to record a notice with the county recorder shall not relieve the liability of any taxpayer nor shall it create any liability on the part of the regulatory agency. (3) The regulatory agency may charge the taxpayer a fee in an amount not to exceed the regulatory agency's costs incurred in recording any notice of noncompliance or issuing any release of that notice. The notice of compliance shall be recorded and shall serve to expunge the notice of noncompliance. The notice of compliance shall contain the same recording information required for the notice of noncompliance. No deduction by the taxpayer, or any other taxpayer who obtains title to the property subsequent to the recordation of the notice of noncompliance, shall be allowed for the items provided in subdivision (a) from the date of the notice of noncompliance until the date the regulatory agency determines that the substandard housing has been brought to a condition of compliance. The regulatory agency shall mail to the Franchise Tax Board and the taxpayer a notice of compliance, which notice shall be in the form and include the information prescribed by the Franchise Tax Board. In the event the period of noncompliance does not cover an entire taxable year, the deductions shall be denied at the rate of 1/12 for each full month during the period of noncompliance. (4) If the property is owned by more than one owner or if recorded title is in the name of a fictitious owner, the notice requirements provided in subdivision (b) and this subdivision shall be satisfied for each owner if the notices are mailed to one owner.or to the fictitious name owner at the address appearing on the latest available property tax bill. However, notices made pursuant to this subdivision shall not relieve the regulatory agency from furnishing taxpayer identification information required to implement this section to the Franchise Tax Board. (d) For the purposes of this section, a notice of noncompliance shall not be mailed by the regulatory agency to the Franchise Tax Board if any of the following occur: (1) The rental housing was rendered substandard solely by reason of earthquake, flood, or other natural disaster except where the condition remains for more than three years after the disaster. (2) The owner of the rental housing has secured financing to bring the housing into compliance with those laws or codes which have been violated, causing the housing to be classified as substandard, and has commenced repairs or other work necessary to bring the housing into compliance. WAIS Document Retrieval (3) The owner of rental housing which is not within the meaning of housing accommodation as defined by subdivision (d) of Section 35805 of the Health and Safety Code has done both of the following: (A) Attempted to secure financing to bring the housing into compliance with those laws or codes which have been violated, causing he housing to be classified as substandard. (B) Been denied that financing solely because the housing is located in a neighborhood or geographical area in which financial institutions do not provide financing for rehabilitation of any of that type of housing. (e) This section does not apply to deductions from income derived from property rendered substandard solely by reason of a change in applicable state or local housing standards unless the violations cause substantial danger to the occupants of the property, as determined by the regulatory agency which has served notice of violation pursuant to subdivision (b). (f) The owner of rental housing found to be in noncompliance shall, upon total or partial divestiture of interest in the property, immediately notify the regulatory agency of the name and address of the person or persons to whom the property has been sold or otherwise transferred and the date of the sale or transference. (g) By July 1 of each year, the regulatory agency shall report to the appropriate legislative body of its jurisdiction all of the following information, for the preceding calendar year, regarding its activities to secure code enforcement, which shall be public information: (1) The number of written notices of violation issued for substandard dwellings under subdivision (b). (2) The number of violations complied with within the period prescribed in subdivision (b). (3) The number of notices of noncompliance issued pursuant to subdivision (c). (4) The number of appeals from those notices pursuant to subdivision (c). (5) The number of successful appeals by owners. (6) The number of notices of noncompliance mailed to the Franchise Tax Board pursuant to subdivision (c). (7) The number of cases in which a notice of noncompliance was not sent pursuant to subdivision (d). (8) The number of extensions for compliance granted pursuant to subdivision (b) and the mean average length of the extensions. , (9) The mean average length of time from the issuance of a notice of violation to the mailing of a notice of noncompliance to the Franchise Tax Board where the notice is actually sent to the Franchise Tax Board. (10) The number of cases where compliance is achieved after a notice of noncompliance has been mailed to the Franchise Tax Board. (11) The number of instances of disallowance of tax deductions by the Franchise Tax Board resulting from referrals made by the regulatory agency. This information may be filed in a supplemental report in succeeding years as it becomes available. 17275. In computing taxable income, no deduction shall be allowed for any of the following: (a) Abandonment fees paid under Section 51061 or 51093 of the Government Code. (b) Tax recoupment fees paid under Section 51142 of the Government Code. 1 .7276. Except as provided in Sections 17276.1 and 17276.2, the deduction provided by Section 172 of the Internal Revenue Code, relating to a net operating loss deduction, shall be modified as 20 REVENUE AND TAXATION CODE SECTION 24436.5 24436.5. (a) In the case of a taxpayer who derives rental income WAIS Document Retrieval Page 7 from substandard housing located in this state, no deductions for interest, depreciation, taxes, or amortization under Section 24343, 24344, 24345, 24349, or 24354.2 shall be allowed which relate to that substandard housing. C(b) Substandard housing means housing for which both of the following apply: (1) The housing has been determined by a state or local government regulatory agency to violate state law or local codes dealing with health, safety, or building. (2) Either of the following occur: (A) After written notice of violation by the regulatory agency, specifying the applicability of this section, the housing has not been repaired or brought to a condition of compliance within six months after the date of the notice or the time prescribed in the notice, whichever period is longest. (B) Good faith efforts for compliance have not been commenced, as determined by the regulatory agency. "Substandard housing" shall also mean employee housing that has not, within 30 days of the date of the written notice of violation or the date for compliance prescribed in the written notice of violation, been brought into compliance with the conditions stated in the written notice of violation of the Employee Housing Act (Part 1 (commencing with Section 17000) of Division 13 of the Health and Safety Code) issued by the enforcement agency that specifies the application of this section. The regulatory agency may, for good cause shown, extend the compliance date prescribed in a violation notice. (c) (1) When the period specified in subdivision (b) has expired without compliance, the government regulatory agency shall mail to the taxpayer a notice of noncompliance. The notice of noncompliance shall be in a form and shall include information prescribed by the Franchise Tax Board, shall be mailed by certified mail to the taxpayer at his or her last known address, and shall advise the taxpayer (A) of an intent to notify the Franchise Tax Board of the .ioncompliance within 10 days unless an appeal is filed, (B) where an appeal may be filed, and (C) a general description of the tax consequences of that filing with the Franchise Tax Board. Appeals shall be made to the same body and in the same manner as appeals from other actions of the regulatory agency. If no appeal is made within 10 days or after disposition of the appeal if the regulatory agency is sustained, the regulatory agency shall notify, in writing, the Franchise Tax Board of the noncompliance. (2) The notice of noncompliance shall contain the legal description or the lot and block numbers of the real property, the assessor's parcel number, and the name of the owner of record as shown on the latest equalized assessment roll. In addition, the regulatory agency shall, at the same time as notification of the notice of noncompliance is sent to the Franchise Tax Board, record a copy of the notice of noncompliance in the office of the recorder for the county in which the substandard housing is located that includes a statement of tax consequences that may be determined by the Franchise Tax Board. However, the failure to record a notice with the county recorder shall not relieve the liability of any taxpayer nor shall it create any liability on the part of the regulatory agency. (3) The regulatory agency may charge the taxpayer a fee in an amount not to exceed the regulatory agency's costs incurred in recording any notice of noncompliance or issuing any release of that notice. The notice of compliance shall be recorded and shall serve to expunge the notice of noncompliance. The notice of compliance shall contain the same recording information required for the notice of noncompliance. No deduction by the taxpayer, or any other `axpayer who obtains title to the property subsequent to the recordation of the notice of noncompliance, shall be allowed for the items provided in subdivision (a) from the date of the notice of noncompliance until the date the regulatory agency determines that WAIS Document Retrieval Paee 8 the substandard housing has been brought to a condition of compliance. The regulatory agency shall mail to the Franchise Tax Board and the taxpayer a notice of compliance, which notice shall be in the form and include the information prescribed by the Franchise Tax Board. In the event the period of noncompliance does not cover an entire income year, the deductions shall be denied at the rate of 1/12 for each full month during the period of noncompliance. (4) If the property is owned by more than one owner or the recorded title is in the name of a fictitious owner, the notice requirements provided in subdivision (b) and this subdivision shall be satisfied for each owner if the notices are mailed to ohe owner or to the fictitious name owner at the address appearing on the latest available property tax bill. However, notices made pursuant to this subdivision shall not relieve the regulatory agency from furnishing taxpayer identification information required to implement this section to the Franchise Tax Board. (d) For the purposes of this section, a notice of noncompliance shall not be mailed by the regulatory agency to the Franchise Tax Board if any of the following occur: (1) The rental housing was rendered substandard solely by reason of earthquake, flood or other natural disaster except where the condition remains for more than three years after the disaster. (2) The owner of the rental housing has secured finanding to bring the housing into compliance with those laws or codes which have been violated,'causing the housing to be classified as substandard, and has commenced repairs or other work necessary to bring the housing into compliance. (3) The owner of rental housing which is not within the meaning of housing accommodation, as defined in subdivision (d) of Section 35805 of the Health and Safety Code, has done both of the following: (A) Attempted to secure financing to bring the housing into compliance with those laws or codes which have been violated, causing the housing to be classified as substandard. (B) Been denied that financing solely because the housing is located in a neighborhood or geographical area in which financial institutions do not provide financing for rehabilitation of any of that type of housing. (e) The provisions of this section do not apply to deductions from income derived from property rendered substandard solely by reason of a change in applicable state or local housing standards unless those violations cause substantial danger to the occupants of the property, as determined by the regulatory agency which has served notice of violation pursuant to subdivision (b). (f) The owner of rental housing found to be in noncompliance shall, upon total or partial divestiture of interest in the property, immediately notify the regulatory agency of the name and address of the person or persons to whom the property has been sold or otherwise transferred and the date of .the sale or transference. (g) By July 1 of each year, the regulatory agency shall report to the appropriate legislative body of its jurisdiction all of the following information, for the preceding calendar year, regarding its activities to secure code enforcement, which shall be public information: (1) The number of written notices of violation issued for substandard dwellings under subdivision (b). (2) The number of violations complied with within the period prescribed in subdivision (b). (3) The number of notices of noncompliance issued pursuant to subdivision (c). (4) The number of appeals from those notices pursuant to subdivision (c). (5) The number of successful appeals by owners. (6) The number of notices of noncompliance mailed to the Franchise Tax Board pursuant to subdivision (c). (7) The number of cases in which a notice of noncompliance was not WAIS Document Retrieval Page 9 sent pursuant to the provisions of subdivision (d). (8) The number of extensions for compliance granted pursuant to subdivision (b) and the mean average length of the extensions. (9) The mean average length of time from the issuance of a notice of violation to the mailing of a notice of noncompliance to the Franchise Tax Board where the notice is actually sent to the Franchise Tax Board. (10) The number of cases where compliance is achieved after a notice of noncompliance has been mailed to the Franchise Tax Board. (11) The number of instances of disallowance of tax deductions by the Franchise Tax Board resulting from referrals made by the regulatory agency. This information may be filed in a supplemental report in succeeding years as it becomes available. 24437. Section 277 of the Internal Revenue Code, relating to deductions incurred by certain membership organizations in transactions with members, shall apply, except as otherwise provided. 24438. (a) No deduction shall be allowed for any interest paid or incurred by a taxpayer during the income year with respect to its corporate acquisition indebtedness to the extent that such interest exceeds -- (1) Five million dollars ($5,000,000), reduced by (2) The amount of interest paid or incurred by such corporation during such year on obligations (A) issued after December 31, 1967, to provide consideration for an acquisition described in paragraph (1) of subdivision (b), but (B) which are not corporate acquisition indebtedness. (b) For purposes of this section, the term "corporate acquisition indebtedness" means any obligation evidenced by a bond, debenture, C note, or certificate or other evidence of indebtedness issued after October 9, 1969, by.a corporation (hereinafter in this section referred to as "issuing corporation") if -- (1) Such obligation is issued to provide consideration for the acquisition of -- (A) Stock in another corporation (hereinafter in this section referred to as "acquired corporation"), or (B) Assets of another corporation (hereinafter in this section referred to as "acquired corporation") pursuant to a plan under which at least two-thirds (in value) of all the assets (excluding money) used in trades and businesses carried on by such corporation are acquired, (2) Such obligation is either -- (A) Subordinated to the claims of trade creditors of the issuing corporation generally, or (B) Expressly subordinated in right of payment to the payment of any substantial amount of unsecured indebtedness, whether outstanding or subsequently issued, of the issuing corporation, (3) The bond or other evidence of indebtedness is either -- (A) Convertible directly or indirectly into stock of the issuing corporation, or (B) Part of an investment unit or other arrangement which includes, in addition to such bond or other evidence of indebtedness, an option to acquire, directly or indirectly, stock in the issuing corporation, and (4) As of a day determined under paragraph (1) of subdivision (c) either -- (A) The ratio of debt to equity (as defined in paragraph (2) of subdivision (c)) of the issuing corporation exceeds 2 to 1, or (B) The projected earnings (as defined in paragraph (3) of subdivision (c)), do not exceed three times the annual interest to be paid or incurred (determined under paragraph (4) of subdivision BOARD OF APPEALS REPORT ATTACHMENT B RECORDING REQUESTED BY AND WHEN RECORDED, MAIL TO: CITY OF TUSTIN 300 CENTENNIAL WAY TUSTIN, CA 92680 Attn: Community Development Exempt from Recording Fees Pursuant to Government Code Section 6103 Space above this line for Recorder's use NOTICE OF NONCOMPLIANCE WITH ORDER TO CORRECT SUBSTANDARD HOUSING CONDITIONS AND NOTIFICATION TO FRANCHISE TAX BOARD Pursuant to Health and Safety Code Section 17980 and in accordance with Sections 17274 and 24436.5 of the Revenue and Taxation Code, this notice is being recorded to give public notice of substandard housing conditions and of notification of noncompliance with orders to correct substandard conditions filed with the Franchise Tax Board. The notification to the Franchise Tax Board will prevent any property owner from obtaining deductions for interest, taxes, depreciation, or amortization paid or incurred in the taxable year with respect to the substandard property. The current owner, Mr. Vinay Pai, General Partner PAI -25 LTD. and PAI -16 LTD. was ordered by the Building Official (Notice and Order dated February 22, 1996) to correct substandard conditions at this project. Mr. Pai filed an appeal regarding the Notice and Order with the Building Board of Appeals for the City of Tustin. The appeal was heard by the Board of Appeals on April 8, 1996. The Board of Appeals `- supported the terms of the Notice and Order by adopting Board of Appeals resolution 96-1. The Building l Official has issued a Final Notice and Order (dated April 15, 1996) ordering the property owner to correct substandard conditions. The property owner was notified of the City's intent to notify the Franchise Tax Board on April 17, 1996 (attached). The six month period to comply expired October 17, 1996. (OWNER) Mr. Vinay Pai, General Partner Pai Investments LTD. Pai-25 LTD./Pai-16 LTD. 3745 W. Chapman Avenue, 9205 Orange, California 92668 (PROPERTY ADDRESS) 17271-17289 McFADDEN AVENUE (McFadden Village Apartments) Tustin, California (APN) 402-333-01 (LOT AND BLOCK NUMBERS:) Parcel 1: That portion of lots 39 and 40, in the City of Tustin, County of Orange, State of California, as per map recorded in book 4, pages 218 and 219 of miscellaneous maps, in the office of the county recorder of Los Angeles County, California. Parcel 2: That portion of Tustin City, as per map recorded in book 4, pages 218 and 219, of miscellaneous maps, in the office of the county recorder of Los Angeles County, California. P", �) C �, R- " , - Rick A. Brown, C.B.O. Building Official CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of County of No. 5907 On W. I 4///� ' before me, I �_1�� 2 2 �( A�ttIT2 NOT - DATE O� �� /1 NAME, TITLE OFO FICER-E D.,"JANE DOE.'NOTARY PUBLIC personally appeared ���/yh/�l"JIAj/q NAME(S) OF SIGNER(S) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their 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. N11"� WITNESS9;1; al seal. < COMM. f 1055016 z Z . =o _ Notary PublicANGE C UNTYCalifornia (/ Z -r" ORANGE COUNTY Mi* Comm. Expires MAY 16.1999 RY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER C!} INDIVIDUAL ❑ CORPORATE OFFICER TRLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTIN NAME OF ERS N(S) OR ENT IES) yy, DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYF�F OF DOCUMENT NUMBER OF PAGES N10 DATE OF bocuMENT tqIa SIGNER(S) OTHER tHAN NAMED ABOVE CI 993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Boz 71 B4 • Canoga Park, CA 91309.7164 BOARD OF APPEALS REPORT ATTACHMENT C 1 RESOLUTION NO. 96-2 2 A RESOLUTION OF THE BOARD OF APPEALS OF THE CITY OF TUSTIN, UPHOLDING THE DECISIONS OF THE 3 BUILDING OFFICIAL TO FILE NOTICE OF NONCOMPLIANCE WITH AN ORDER TO CORRECT 4 SUBSTANDARD HOUSING CONDITIONS AND NOTIFICATION TO THE FRANCHISE TAX BOARD 5 REGARDING MCFADDEN VILLAGE APARTMENTS AT 17271-17289 McFADDEN AVENUE TUSTIN, CALIFORNIA 6 I. The Board of Appeals of the City of Tustin does 7 hereby find and resolve as follows: 8 A. That on April 8,, 1996 the Board of Appeal upheld the terms of the Notice and Order 9 issued February 22, 1996 regarding substandard housing and property conditions at 17271-17289 10 McFadden Avenue. it B. That on April 15, 1996 a Final Notice and Order was issued which required correction of 12 sub -standard housing and property conditions at 17271-17289 McFadden Avenue. 13 14 C. That on April 17, 1996, the property owner was notified of the City's intent to file notice with the Franchise Tax Board. 15 D. That on October 25, 1996 the property owner 16 was given final notice of the pending notification to Franchise Tax Board. 17 E. That on November 4, 1996 the property owner 18 filed an appeal with the Building Official regarding the pending notification to the 19 Franchise Tax Board. 20 F. That pursuant to such appeal, a hearing before the Board of Appeals was duly noticed for 6:30 21 p.m. on December 9, 1996. 22 G. That witnesses were properly sworn and oral and documentary evidence was duly presented to 23 the Board of Appeals on December 9, 1996. 24 H. There is substantial evidence that sub- standard housing conditions continue to exist 25 at 17271-17289 McFadden Avenue. 26 I. That proper notice of intent to file notice of sub -standard housing conditions with the 27 Franchise Tax Board was given on April 17, 1996. 28 1 2 3 4 5 6 7 8 9 10 11 121 13 14 C 15 16 17 18 19 20 21 22 23 24 25 26 \ 27 28 Board of Appeals Resolution No. 96-2 Page 2 J. That final notice of intent to file notice of sub -standard housing conditions with the Franchise Tax Board was given on October 25, 1996. II. Based upon the above findings, and upon the oral and documentary evidence submitted.at its December 9, 1996 hearing, the Board of Appeals hereby upholds the decision of the Building Official to file notice of sub -standard housing conditions with the Franchise Tax Board as set forth in the October 25, 1996 letter to the property owner subject to the following conditions: A. The Building Official is directed to provide a copy of this resolution to the property owner. B. The Building Official is directed to file notice of sub -standard housing conditions with the Franchise Tax Board. C. The Building Official is directed to record notice of sub -,standard housing conditions with the County Recorder. PASSED AND ADOPTED at a special meeting of the Tustin Board of Appeals, held on the 9th day of December, 1996. Barbara Reyes Recording Secretary LOU BONE Chairman 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 271 28 Board of Appeals Resolution No. 96-2 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, BARBARA REYES, the undersigned, hereby certify that I am the Recording Secretary of the Board of Appeals of the City of Tustin, California; that Resolution No. 96-2 was duly passed and adopted at a special meeting of the Tustin Board of Appeals, held on the 9th day of December 9, 1996. BARBARA REYES Recording Secretary C C ILI BOARD OF APPEALS REPORT ATTACHMENT D G�'CY O �vST�2 Community Development Department City of Tustin February 22, 1996 300 Centennial Way Tustin, CA 92680 PAI Investments, Inc. 3745 W. Chapman Avenue, Suite 205 Director (714)573-3031 Orange, California 92668 Planning & Zoning Info. (714)573.3140 CERTIFIED MAIL P 476 994 489 Building - (714)573-3131 ' (714)573-3132 NOTICE AND ORDER Housing (714)573-3117 Property Address: 17271 - 17289 McFadden Avenue code Enforcement Tustin, California 92680 (714)573-3134 Assessors Parcel Number: 402-333-01 Business License (714)573-3144 Inspection Requests The Building Official for the City of Tustin and (714) 573-3141 inspectors for the Orange County Fire Authority and Graffiti Hot Line Health Care Agency have found the buildings located at (714)573.3111 17271 - 17289 McFadden Avenue, Tustin, to be substandard FAX Machine following inspections conducted at the property in (714)573-3113 February of 1996. The substandard conditions existing at the subject property as defined in California Health and Safety Code Section 17920.3 are as follows: STATE HEALTH & SAFETY CODE § 17920.3 Substandard building; conditions Any building or portion thereof including any dwelling.unit, guest room or suite of rooms, or the premises on which the same is located, in which there exists any of the following listed conditions to an extent that endangers the life, limb, health, property, safety, or welfare of the public or the occupants thereof shall be deemed and hereby is declared to be a substandard building: C PAI Investments,*Inc. Notice and Order February 22, 1996 Page 2 Inadequate Sanitation (a) Inadequate sanitation shall include, but not be limited to, the following: (1) Lack of, or improper water closet, lavatory, or bathtub or shower in a dwelling unit. (3) Lack of, or improper kitchen sink. (5) Lack of hot and cold running water to plumbing fixtures in'a dwelling unit. (6) Lack of adequate heating. (7) Lack of, or improper operation of required ventilating equipment. (lo) Lack of required electrical lighting. (11) Dampness of habitable rooms. (12) Infestation of insects, vermin, or rodents as determined by the health officer. (13) General dilapidation or improper maintenance. (15) Lack of adequate garbage and rubbish storage and removal facilities as determined by the health officer. Structural Hazards (b) Structural hazards shall include, but not be limited to, the following: (2) Defective or deteriorated flooring or floor supports. (4) Members of walls, partitions, or other vertical supports that split, lean, list, or buckle due to defective material or deterioration. (6) Members of ceilings, roofs, ceilings and roof supports, or other horizontal members which sag, split, or buckle due to defective material or deterioration. PAI Investments,'Inc. Notice and Order February 22, 1996 Page 3 Any Nuisance (c) Any nuisance. Hazardous Electrical Wiring (d) All wiring, except that which conformed with all applicable laws in effect at the time of installation if it is currently in good and safe condition and working properly. Hazardous Plumbing (e) All plumbing, except that which conformed with all applicable laws in effect at the time of installation and which has been maintained in good condition, or which may not have conformed with all applicable laws in effect at the time of installation but is currently in good and safe condition and working property, and which is free of cross connections and siphonage between fixtures. Hazardous Mechanical Equipment (f) All mechanical equipment, including vents, except that which conformed.with all applicable laws in effect at the time of installation and which has been maintained in good and safe condition, or which may not have conformed with all applicable laws in effect at the time of installation but is currently in good and safe condition and working properly.. Faulty Weather Protection (g) Faulty weather protection, which shall include, but not be limited to, the following: (1) Deteriorated, crumbling, or loose plaster. (2) Deteriorated or ineffective waterproofing of exterior walls, roof, foundations,' or floors, including broken windows or doors. (3) Defective or lack of weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other approved protective covering. (4) Broken, rotted, split, or buckled exterior wall coverings or roof coverings. PAI Investments,'Inc. Notice and Order February 22, 1996 Page 4 Fire Hazard (h) Any building or portion thereof, device, apparatus, equipment, combustible waste, or vegetation which, in the opinion of the chief of the fire department or his deputy, is in such condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause. Faulty Materials of Construction '(i) All materials of construction, except those which are specifically allowed or approved by this code, and which have been adequately maintained in good and safe condition. Hazardous or Unsanitary Premises (j) Those premises on which an accumulation of weeds, vegetation, junk,. dead organic matter, debris, garbage, offal, rodent harborages, stagnant water, combustible materials, and similar materials or conditions constitute fire, health, or safety hazards. Inadequate Maintenance (k) Any building or portion thereof which is determined to be an unsafebuilding due to inadequate maintenance, in accordance with the latest edition of the Uniform Building Code. Inadequate Fire Protection or Firefighting Equipment. (m) All buildings or portions thereof which arenot provided with the fire -resistive construction or fire - extinguishing .systems or equipment required by this code, except those buildings or portions thereof which conformed with all applicable laws at the time of their construction and whose fire -resistive integrity and fire -extinguishing systems or equipment have been adequately maintained and improved in relation to any increase in occupant load, alteration or addition, or any change in occupancy. CITY OF TUSTIN MUNICIPAL CODE In addition to the forgoing substandard conditions, the property is in violation of City of Tustin Municipal Code Sections 5502(m), 1, 2, 3, 4, 5 and 6. (See Attachment B). PAI Investments,•Inc. Notice and Order February 22, 1996 Page 5 UNIFORM FIRE CODE As well, the property is in violation of Uniform Fire Code Sections 10.301(a), 10.504(a), 10.505(a), 10•.603, 11.302(a), 12.106(d) and 85.104. (See Attachment C). The specific locations and types of violations are listed by building address and/or unit number in Attachment "A" of this Notice and Order. ACTIONS REQUIRED The following actions are required to be as determined by the Building Official: (1) The Building Official and Fire Marshal require that all missing, damaged, or inoperable smoke detectors be replaced with properly placed and functioning smoke detectors by March 4, 1996. A reinspection of all units identified in Appendix "A" as having inadequate smoke detectors shall be scheduled with the Orange Countv Fire Authority inspector by calling (714) 832-1011. This reinspection shall be completed by March 8, 1996. (2) The Building Official and Health Officer require that all missing and/or inoperable heating units for the apartment units as identified in Appendix "A" shall be repaired or replaced to provide a minimum temperature of 700 at three feet above the floor. All repairs and/or replacements of heating units shall conform to the requirements of the 1994 edition of the California Mechanical Code. The repairs and/or replacements of heating sources shall be completed by March 4, 1996. A reinspection of all *units identified with substandard heating shall be scheduled with the Health Officer by calling (714) 834-6377 between 8:00 - 9:00 a.m. and the City of Tustin' Building Division by calling (714) 573-3120. This reinspection shall be completed by March 8, 1996. (3) Apartment units #G and #H, building #17271, shall be vacated by April 1, 1995 and both units shall remain unoccupied until repairs are completed and inspections are conducted by the Building Official. Upon satisfactory completion of all required corrections of substandard conditions, the Building Official will release these units for human occupancy. These units were posted on February 22, 1996, in conformance with Uniform Housing Code Section 1104.1. PAI Investments,"Inc. Notice and Order February 22, 1996 Page 6 (4) The exterior guardrails, handrails, and stairways identified as substandard in Attachment "A" shall be replaced with new materials conforming to the original size, style, type and paint color of the original materials. This replacement work shall commence by March 4, 1996 and shall be inspected by the City Building Division. Inspections shall be scheduled with Soroush Rahbari, Senior Insipector by calling (714) 573-3120 This replacement work shall be completed by April 4, 1996. (5) The roofing and exterior deck/balcony water proofing for all buildings shall be removed. Inspection of all sheathing and roof framing members shall be scheduled with the City Building Division. All rotten or otherwise unsuitable materials shall be removed and replaced prior to approval for the installation of new roofing or deck/balcony water proofing materials. All new roofing must have a minimum Class "B" fire resistive rating, and provide minimum slope of 1/4"/FT and adequate drains to avoid ponding of water on the roof. The repair and reroof of the buildings and deck/balcony water proofing shall commence by April 1, 1996 and shall be completed by June 1, 1996. Inspections shall be scheduled with the City Building Division following the issuance of the required reroofing and water proofing permits. Permits for all buildings shall be applied for and issued by April 1, 1996. (6) All remaining substandard conditions identified in Attachment "A" shall have action to correct commenced by April 1, 1996 and shall be completed and inspected by June 1, 1996. (7) Refer to Attachment "A" for specific types of violations and their location. If any required repair of property or vacation of units is not commenced or completed within the times specified, the Building Official will order the buildings vacated and posted to prevent further occupancy until the work is completed and may cause the work to be done and charge the costs thereof against the property owner. 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 for the City of Tustin, provided .that 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 constitute a waiver of all right to an administrative hearing and determination of the PAI Investments,'Inc. Notice and Order February 22, 1996 Page 7 matter. To obtain an appeal form, contact the City of Tustin Community Development Department at (714) 573-3131 or 3132. The City.of Tustin and the County Fire and Health Officials are available to meet with you or your representatives to discuss any issues or questions that may arise regarding this notice or code and permit requirements. We look forward to working with you to restore this property to a. safe and sanitary condition. I may be reached at (714) 573-3130. Sincerely, 1 ...c Rick Brown, C.B.O. Building Official RB:kd\mcfad.n&o CC: William Huston, City Manager Lois Jeffrey, City Attorney Elizabeth Binsack, Director of Community Development Rita Westfield, Assistant Director Ray Evans, O.C. Health Care Agency Stephen Cobb, O.C. Fire Authority Attachments: Attachment A - Violation Locations Attachment B - Maintenance Codes Attachment C - Uniform Fire Code C CATTACHMENT A COMMON AREA PROPERTY MAINTENANCE VIOLATIONS: Code Violations TCC 5502 GARAGES Exterior surfaces: All garage structures exhibit signs of broken and stucco and studs. Garage #53 and #54 has severe structural damage to studs. Roof: All garage structures exhibit signs of severe roof damage. Laundry Room at Garage Structure #1-12: Repair damaged drywall including holes in walls, deteriorated window sill, broken windows, missing screens, damaged vinyl floor, all electrical fixtures missing covers. LANDSCAPING: General lack of- maintenance including ivy growing uncontrolled onto exterior of buildings causing damage to stucco; bare areas where paths have been worn through planter areas; trees need trimming and stumps removed;- roots causing extensive damage to pedestrian walkways throughout the complex; landscaping debris allowed to accumulate on ground. Some planter areas are completely devoid of landscaping including the strip adjacent to the driveway along the west property line and all of the planter areas in the north parking lot area. The property owner shall submit a Community Development Department deficiencies will be remedied. landscaping plan for review by the illustrating how the ,existing IRRIGATION: General lack of maintenance including inoperable automatic timers, broken lines, missing sprinkler, improperly installed risers and sprinkler heads, leaking valves. The irrigation system shall be repaired to provideautomatic and adequate coverage of all landscaping areas. TRASH ENCLOSURES: View -obscuring doors at all trash enclosures are missing. PARKING AND CIRCULATION/PEDESTRIAN WALKWAYS: Asphalt parking surfaces and concrete swales are cracked, buckled and severely damaged. FIRE DEPARTMENT CORRECTIONS: Code Violation All Fire Lanes shall be restriped and stenciled. UFC 10.504(a) All damage or faded Fire Lane signage shall be replaced. UFC 10.504(a) QAplace all missing apartment lettering where required.UFC 10.301(a) epair dry wall in laundry room across from building at 17273. UFC 10.603 McFadden Village Apartments February 22, 1996 Page 2 Remove combustibles from garage roof including dead trees, rash and debris. UFC 11.302(a) Remove illegal lighting stapled to stairway at building at 17281. UFC 85.104 ADDRESS: 17271 MCFADDEN AVENUE Exterior Substandard Conditions: Code Violation Exterior surface: stucco damage. HSC 17920.3(g) Roof: water damage, leaks. HSC 17920.3(8) Deck/Patio: resurface, broken sheathing. HSC 17920.3(8) Stairs/landings: treads and guardrails rotted and broken, stairs at unit F and H, railing at J and L. HSC 17920.3(g) Wall, Fences: water damage, broken. TCC 5502(m)(3) Driveways, walkways: cracked, raised, uneven. TCC 5502(m)(4) Landscaping: not maintained, not properly sloped to drain. TCC '5502(m)(1) Irrigation: broken pipes and heads, leaks. TCC 5502(m)(2) Rain Gutter/Roof Drain: blocked and broken, no drain covers. HSC 17920.3(8) Water Heater: enclosure damaged walls. HSC 17920.3(e) Interior Substandard Conditions: Code Violation Unit A: No heat. HSC 17920.3(a)(6) Unit B: Ceiling has water damage, roof leaks. HSC 17920.3(a)(13) Unit D: Ceiling and walls have water damage from roof leaks. . HSC 17920.3(a)(13) Smoke detector missing or inoperable. UFC 10.504(a) Unit E: Floor damp. HSC 17920.3(x)(13) No heat. HSC 17920.3(a)(6) Roaches. HSC 17920.3(x)(12) Smoke detector mission or inoperable. UFC 10.504(a) Unit F: Ceiling damage from roof leaks. HSC 17920.3(a)(13) Infestation of roaches. HSC 17920.3(x)(12) Unit G: Shower pan cracked. HSC 17920.3(e) Infestation of roaches. HSC 17920.3(a)(12) 'cFadden Village Apartments ebruary 22, 1996 Page 3 Unit H: Bathroom ceiling, walls and ADDRESS: 17273 MCFADDEN AVENUE xterior Substandard Conditions: Code Violation Exterior surface: stucco damage with mold. HSC 17920.3(g) Roof: water damage, leaks, fascia boards are damaged. HSC 17920.3(g) Drs/windows/Screens: missing some screens. HSC 17920.3(a)(13) Wall, Fences: broken fence, water damage. TCC 5502(m)(3) Driveways, walkways: broken walkway with 2" differential. TCC 5502(m)(4) Landscaping: not maintained. TCC 5502(m)(1) Irrigation: water leaks, broken heads, exposed. TCC 5502(m)(2) Rain Gutter/Roof Drain: blocked or broken. HSC 17920.3(a)(13) Water Heater: wall damage and electrical damage at enclosure; no seismic bracing. HSC 17920.3(e) Interior Substandard Conditions: Code Violation Unit A: Carpet has been removed because of floor dampness. HSC 17920.3(a)(13) fixtures damaged. HSC 17920(a)(13) Infestation of roaches. HSC 17920.3(a)(12) Water closet inoperable- HSC 17920.3(e) Leaky plumbing at lavatory sink, no faucet or water to kitchen sink. HSC 17920(3)(e) Dampness of inhabitable rooms. HSC 17920.3(a)(11) Unit I: Ceiling of bedroom has leak damage. HSC 17920.3(a)(13) Lavatory sink leaks. HSC 17920.3(e) Unit J: Ceiling damage from roof leak. HSC 17920.3(x)(13) Faucets leak. HSC 17920.3(e) Unit R: No heat. HSC 17920.3(a)(6) Infestation of roaches. HSC 17920.3(a)(12) Unit L: Ceiling fallen off at bathroom and damaged over bedroom, defective roof joists. HSC 17920.3(b)(6) No heat. HSC 17920.3(a)(6) Smoke detector missing or inoperable. UFC 10.504(a) ADDRESS: 17273 MCFADDEN AVENUE xterior Substandard Conditions: Code Violation Exterior surface: stucco damage with mold. HSC 17920.3(g) Roof: water damage, leaks, fascia boards are damaged. HSC 17920.3(g) Drs/windows/Screens: missing some screens. HSC 17920.3(a)(13) Wall, Fences: broken fence, water damage. TCC 5502(m)(3) Driveways, walkways: broken walkway with 2" differential. TCC 5502(m)(4) Landscaping: not maintained. TCC 5502(m)(1) Irrigation: water leaks, broken heads, exposed. TCC 5502(m)(2) Rain Gutter/Roof Drain: blocked or broken. HSC 17920.3(a)(13) Water Heater: wall damage and electrical damage at enclosure; no seismic bracing. HSC 17920.3(e) Interior Substandard Conditions: Code Violation Unit A: Carpet has been removed because of floor dampness. HSC 17920.3(a)(13) McFadden Village Apartments February 22, 1996 Page 4 Unit B: Ceiling has roof leak damage. Unit C: Lavatory leaks, kitchen faucet leaks Water damage to bathroom ceiling. Lack of adequate ventilation. Lack of heat. Infestation of roaches. Unit D: Kitchen sink damage underside. Bath has inadequate ventilation. Water closet runs continuously. ADDRESS: 17275 MCFADDEN AVENUE Exterior Substandard Conditions: Exterior surface: stucco damage. HSC 17920.3(x)(13) HSC 17920.3(a)(13) HSC 17920.3(a)(13) HSC 17920.3(a)(7) HSC 17920.3(a)(6) HSC 17920.3(a)(12) HSC 17920.3(e) HSC 17920.3(a)(7) HSC 17920.3(e) Code Violation HSC 17920.3(g) Roof: .water damage, broken sheathing and rafters. HSC 17920.3(8) Drs/windows/screens: missing window screens. Walls, fences: moisture damage. Driveways, walkways: broken sidewalks and pool decking. Landscaping: Not maintained, inadequate slope to drain. Irrigation: leaks, and broken pipes. Junk and debris: in pool area and bathrooms. Rain Gutter/roof drains: blocked and no drain cover. Interior Substandard Conditions: Recreation toilets not functional. Ceiling and roof structure damaged. Replace fire extinguisher. Repair panic hardware at egress. HSC 17920.3(a)(13) TCC 5502 (m) (3) TCC 5502 (m) (4) TCC 5502 (m) (1) TCC 5502(m)(2) TCC 5502(e) HSC 17920.3(e) Code Violation HSC 17920.3(e) UFC 10.603 UFC 10.505(a) UFC 12.106(d) Women's restroom must be re -converted back to original use. ADDRESS: 17277 MCFADDEN AVENUE Exterior Substandard Conditions: Code Violation Exterior surface: stucco damage. HSC 17920.3(8) ".c Fadden Village Apartments =bruary 22, 1996 Page 5 Roof: water damage, leaks, blistering. HSC 17920.3(g) Deck/Patio: stringers, railing, and treads broken. HSC 17920.3(8) Drs/windows/screens: missing some window screens. HSC 17920.3(a)(13) Stairs/landings: all stairs rotted, termite damaged and broken. HSC 17920.3(8) Walls, fences: water damaged and termite damaged. Also missing boards. TCC 5502(m)(3) Driveway, walkways: broken, raised and uneven Landscaping: unmaintained condition. Irrigation: exposed pipes, broken heads and leaks. Rain gutters/ roof drains: blocked, missing drain covered. Water heater: wall damage inside enclosure Interior Substandard Conditions: Unit A: Unit has extension cord extended TCC 5502(m)(4) TCC 5502(m)(1) TCC 5502 (m) (2) HSC 17920.3(g) HSC 17920.3(e) Code Violation HSC 17920.3(d) HSC 17920.3(a)(12) HSC 17920.3(a)(13) HSC 17920.3(a)(7) HSC 17920.3(a)(6) HSC 17920.3(a)(12) HSC 17920.3(a)(13) UFC 10.504(a) HSC 17920.3(a)(13) HSC 17920.3(a)(13) HSC 17920.3(x)(13) HSC 17920.3(a)(11) UFC 10.504(a) HSC 17920.3(a)(13) HSC 17920.3(a)(6) HSC 17920.3(a)(13) HSC 17920.3(a)(13) HSC 17920.3(a)(7) HSC 17920.3(a)(6) UFC 10.504(a) across sidewalk; No heat. Unit B: Kitchen sink leaks. Inadequate bathroom ventilation. No heat. Infestation of roaches. Unit C: Ceiling water stained. Smoke detector missing or inoperable. Unit D: Plumbing wall at corridor damaged. Hole in hallway wall. Unit E: Roof leaks and deteriorated ceiling at bedroom and hallway. Dampness of inhabitable room. Smoke detector missing or inoperable. Unit F: Under sink damaged from lavatory leak No heat. Unit G: Lavatory faucet leaks. Ceiling mildew in bath. Inadequate ventilation. No heat. Smoke detector missing or inoperable. TCC 5502(m)(4) TCC 5502(m)(1) TCC 5502 (m) (2) HSC 17920.3(g) HSC 17920.3(e) Code Violation HSC 17920.3(d) HSC 17920.3(a)(12) HSC 17920.3(a)(13) HSC 17920.3(a)(7) HSC 17920.3(a)(6) HSC 17920.3(a)(12) HSC 17920.3(a)(13) UFC 10.504(a) HSC 17920.3(a)(13) HSC 17920.3(a)(13) HSC 17920.3(x)(13) HSC 17920.3(a)(11) UFC 10.504(a) HSC 17920.3(a)(13) HSC 17920.3(a)(6) HSC 17920.3(a)(13) HSC 17920.3(a)(13) HSC 17920.3(a)(7) HSC 17920.3(a)(6) UFC 10.504(a) McFadden Village Apartments February 22, 1996 Page 6 ADDRESS: 17279 MCFADDEN AVENUE Exterior Substandard Conditions: Code Violation Exterior surface: stucco damage with mold. HSC 17920.3(g) Roof: water standing, damaged, leaks. HSC 17920.3(8) Deck/Patio: surface damage. HSC 17920.3(g) Drs/windows/Screens: door screen missing on some units. HSC 17920.3(a)(13) Stairs, Landings: broken and termite damaged. HSC 17920.3(g) Wall, Fences: water damage, termite damage. TCC 5502(m)(3) Driveways, walkways: broken, raised, uneven. TCC 5502(m)(4) Landscaping: not maintained. TCC 5502(m)(1) Irrigation: broken heads, leaks. TCC 5502(m)(2) Rain Gutter/Roof Drain: blocked, missing drain cover, broken downspout. HSC 17920.3(g) Electric Panel: broken cover door, not secured. HSC 17920.3(a)(13) Water Heater: wall damage inside enclosure. HSC 17920.3(e) Interior Substandard Conditions: Code Violation Unit B: Kitchen sink leaks. HSC 17920.3(e) Ceiling in living room damaged. HSC 17920.3(a)(13) Inadequate ventilation. HSC 17920.3(a)(7) Unit C: Kitchen sink leak damage underside. HSC 17920.3(a)(13) Kitchen cabinets falling off. HSC 17920.3(a)(13) Unit E: Kitchen sink leaks. HSC 17920.3(e) Ceiling in bath is patched inadequately.HSC 17920.3(a)(13) No heat. HSC 17920.3(a)(6) Unit F: Roof damaged ceiling from leaks. HSC 17920.3(x)(13) Unit G: Bathroom ceiling has a hole. HSC 17920.3(a)(13) Heater not accessible. HSC 17920.3(a)(6) Smoke detector missing or inoperable. UFC 10.504(a) Unit H: Lavatory and kitchen sink leaks underside. HSC 17920.3(e) Bedroom ceiling stained from leak. HSC 17920.3(a)(13) Unit I: Water leak from floor above. HSC 17920.3(a)(13) Lavatory leaks. HSC 17920.3(e) Infestation of roaches. HSC 17920.3(x)(12) -Fadden Village AparEments abruary 22, 1996 Page 7 No heat. Deteriorated ceiling in bathroom. Hazardous electrical light in bathroom .Smoke detector missing or inoperable. Unit J: Ceiling leak damaged and bowed. Infestation of roaches. Smoke detector missing or inoperable. Unit K: No heat. Infestation of roaches. Smoke detector mission or inadequate. Unit L: Ceiling stained at living room, bedroom and hallway. Smoke detector missing or inoperable. ADDRESS: 17281 MCFADDEN AVENUE Exterior Substandard Conditions: Exterior surface: stucco damage. Roof: water standing, broken blisters, leaks. Deck/Patio: surface and sheathing damage. Stairs, Landings: treads, handrails and guardrails. Replace damaged/loose railings and treads to B, D, J, L, F and H. HSC 17920.3(a)(6) HSC 17920.3(a)(13) HSC 17920.3(d) UFC 10.504(a) HSC 17920.3(a)(13) HSC 17920.3(a)(12) UFC 10.504(a) HSC 17920.3(a)(6) HSC 17920.3(a)(12) UFC 10.504(a) HSC 17920.3(a)(13) UFC 10.504(a) Code Violation HSC 17920.3(g) HSC 17920.3(g) HSC 17920.3(g) HSC 17920.3(g) Exterior Fixtures: security light, wiring exposed.HSC 17920.3(d) Wall, Fences: broken fence. Driveways/walkways: broken and raised sidewalk Rain Gutter: broken and missing. Interior Substandard Conditions: Unit A: Lavatory faucet leaks, kitchen sink leak underside. Smoke detector missing or inoperable. Unit B: Ceiling damage from roof leak. No heat. Smoke detector inoperable or missing. Unit D: Lavatory leaks underside. Smoke detector missing. Unit E: Kitchen sink faucet drips, Bedroom ceiling stained. Smoke detector inoperable or missing. TCC 5502 (m) (3) TCC 5502 (m) (4) HSC 17920.3(8) Code Violation HSC 17920.3(e) UFC 10.504(a) HSC 17920.3(a)(13) HSC 17920.3(a)(6) UFC 10.504(a) HSC 17920.3(e) UFC 10.504(a) HSC 17920.3(e) HSC 17920.3(x)(13) UFC 10.504(a) McFadden Village Apartments February 22, 1996 Page 8 Unit F: Electrical fixtures detached with Code wiring exposed. Exterior surface: moisture damage. Infestation of roaches. Roof: water damage, leaks, Moldy walls in bathroom. Unit G: Living room is damp. No ventilation fan for bathroom. Lavatory leaks and particle board damp Smoke detector inoperable or missing. Unit H: Missing plaster on kitchen ceiling. Unit I: Kitchen cabinet falling off. Smoke detector inoperable or missing. Unit J: Kitchen sink leaks. Unit K: Shower floor is cracked. Unit L: Clogged kitchen sink. Infestation of grain beetles. ADDRESS: 17283 MCFADDEN AVENUE Exterior Substandard Conditions: Exterior surface: stucco damage, holes in wall. Roof: water damage, leaks, standing water. Deck/Patio: resurface, broken sheathing. Stairs/landings: replace damaged treads, stringers, handrails, guardrails to unit A. Interior Substandard Conditions: HSC 17920.3(d) HSC 17920.3(a)(12) HSC 17920.3(a)(13) HSC 17920.3(a)(11) HSC 17920.3(a)(7) HSC 17920.3(e) UFC 10.504(a) HSC 17920.3(a)(13) HSC 17920.3(x)(13) UFC 10.504(a) HSC 17920.3(e) HSC 17920.3(e) HSC 17920.3(e) - HSC 17920.3(a)(12) Code Violation HSC 17920.3(8) HSC 17920.3(g) HSC 17920.3(g) HSC 17920.3(8) Code Violation Unit A: Ceiling has water damage and loose plaster in hallway. HSC 17920.3(a)(13) Smoke detectors missing or inoperable. UFC 10.504(a) Unit B: Wall under the bathroom sink is broken and exposed to the outside. HSC 17920.3(a)(13) Smoke detectors missing or inoperable. UFC 10.504(a) ADDRESS: 17285 MCFADDMN AVENUE Exterior Substandard Conditions: Code Violation Exterior surface: moisture damage. HSC 17920.3(8) Roof: water damage, leaks, standing water. HSC 17920.3(g) cFadden Village Apartments ebruary 22, 1996 Page 9 Deck/Patio: surface damage. HSC 17920.3(8) Drs/windows/screens: missing window screens. HSC 17920.3(a)(13) Stairs/landings: damaged treads, handrails, guardrails, rot and termite damage. Replace handrails, treads and guardrail to units A, B, C and D. HSC 17920.3(g) Exterior Fixtures: illegal wiring of light fixture Interior Substandard Conditions: Code Violation Unit A: Smoke detector missing or inoperable. UFC 10.504(a) Unit C: Heater not operating properly. HSC 17920.3(a)(6) Smoke detector missing or inoperable. UFC 10.504(a) Laundry room: broken drywall., missing vent cover HSC 17920.3(a)(13) ADDRESS: 17287 MCFADDEN AVENUE xterior Substandard Conditions: Exterior surface: stucco damage. Roof: water standing, damaged, leaks. Deck/Patio: surface damage. Stairs, Landings: treads, handrails termite damage and broken; replace broken/damaged treads and railings to units B, D, F and H. Wall, Fences: fence at unit A is detached from wall. Water Heater: door to enclosure is damaged. Interior Substandard Conditions: Code Violation HSC 17920.3(g) HSC 17920.3(8) HSC 17920.3(g) HSC 17920.3(8) TCC 5502(m)(3) HSC 17920.3(8) Code Violation Unit A: Broken window in living room. HSC 17920.3(a)(13) Unit C: Crack in wall and ceiling of bathroom. HSC 17920.3(a)(13) Unit D: No heat. HSC 17920.3(a)(6) Unit E: Faucet leaks at kitchen sink and underside leak, toilet does not flush. HSC 17920.3(e) Heater not accessible. HSC 17920.3(a)(6) Unit F: Ceiling damage and bowed. HSC 17920.3(x)(13) Infestation of cockroaches- HSC 17920.3(x)(12) Smoke detector missing or inoperable. UFC 10.504(a) Unit G: Smoke detector missing or inoperable. UFC 10.504(a) Unit H: Kitchen sink leaks underside. HSC 17920.3(e) McFadden Village Apartments HSC 17920.3(x)(13) February 22, 1996 17920.3(a)(13) Smoke detector missing Page 10 UFC 10.504(a) Unit B; Kitchen sink leak. HSC 17920.3(e) Inadequate bathroom vents. HSC 17920.3(a)(7) No heat. HSC 17920.3(a)(6) 17920.3(a)(13) Smoke detector missing Infestation of roaches. HSC 17920.3(a)(12) Unit I: Ceiling in hallway stained from leak 17920.3(a)(13) Infestation of roaches. HSC from floor above. HSC 17920.3(a)(13) Smoke detector missing or inoperable.. UFC 10.504(a) Unit J: Ceiling damage from roof leak. HSC 17920.3(a)(13) Unit K: Smoke detector missing or inoperable. UFC 10.504(a) Unit L: Ceiling stain from leak. HSC 17920.3(a)(13) ADDRESS: 17289 MCFADDEN AVENUE Exterior Substandard Conditions: Code Violation Exterior surface: stucco damage. HSC 17920.3(g) Roof: water damage, leaks. HSC 17920.3(8) Deck/Patio: resurface, broken sheathing. HSC 17920.3(8) Drs/windows/screens: missing some window screens. HSC 17920.3(a)(13)' Stairs/landings: replace damaged treads to unit F. HSC 17920.3(8) Driveways, walkways: broken, loose slab and raised TCC 5502(m)(4) Landscaping: not maintained TCC 5502(m)(1) Irrigation: broken with leaks; puddling at sidewalk. TCC 5502(m)(2) Rain Gutter: broken and missing downspout. HSC 17920.3(g) Interior Substandard Conditions: Code Violation Unit A: Ceiling damage in living room from plumbing leaks upstairs unit. HSC 17920.3(x)(13) Damp floors. HSC 17920.3(a)(13) Smoke detector missing or inoperable. UFC 10.504(a) Unit B; Kitchen sink leak. HSC 17920.3(e) Ceiling water stained, damaged and bowed at bathroom. HSC 17920.3(a)(13) Smoke detector missing or inoperable. UFC 10.504(a) Unit C. Ceiling water stained in hallway. HSC 17920.3(a)(13) Infestation of roaches. HSC 17920.3(a)(12) Unit D: (No access provided.) Fadden Village Apartments !bruary 22, 1996 C"gage 11 Unit E: Ceiling water stained in bedroom. Lay. faucet leaks, water closet leaks. Extremely heavy infestation of roaches Unit F: Missing window screens. Unit G: Ceiling cracked and damaged from water leak. Wall under kitchen sink damaged, hole in hallway wall. Smoke detector missing or inoperable. MG:kd\reports\mcfapts.att HSC 17920.3(a)(13) HSC 17920.3(e) HSC 17920.3(a)(12) HSC 17920.3(a)(13) HSC 17920.3(a)(13) HSC 17930.3(a)(13) UFC 10.504(a) ATTACHMENT B TUSTIN CITY CODE PROPERTY MAINTENANCE 5502 PROPERTY MAINTENANCE NUISANCES It is hereby declared to be a public nuisance for any property owner or other person in control of said property to keep or maintain said property, including adjacent parkways, sidewalks or streets under fee ownership by said person, in such manner that any of the following conditions are found to exist: TCC 5502 (m) Property failing to meet minimum levels of maintenance and care as set forth as follows: (1) Landscaping. All landscaping shall be maintained in a healthy condition free of.dead, decayed, overgrown or - discarded plant material. (2) Landscaping irrigation. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order so as to cover all landscaped areas. (3) Walls, fences and other structures. All walls, fences and trash enclosures and other structures shall be maintained free of significant surface cracks, dryrot, warping, missing panels or blocks which either (i) threaten structural integrity; or (ii) result in a dilapidated, decaying, disfigured, partially ruined, appearance. (4) Parking and related surfaces. Parking surfaces and pedestrian walkways shall be maintained in a safe condition such that any concrete, asphalt or other driving or walking surfaces are. free of potholes, buckled or cracked surfaces or raised areas. (5) Building elevations and roofs. Exterior building surfaces and roofs shall be maintained free of significant surface cracks, missing materials, warping, dryrot or blocks, which either (i) threaten structural integrity, or (ii) result in a dilapidated, decaying, disfigured, partially ruined appearance. (6) Trash and debris. The property shall be maintained free of the accumulation of trash and debris. Trash and debris associated with permitted uses are to be stored solely in designated trash enclosures. Any violation of subsection 5502(m)(5) is hereby declared to be a misdeamoner. (Ord. No. 1080, Sec. 2,'11-18-91) CATTACHMENT C UNIFORM FIRE CODE PREMISES IDENTIFICATION Sec. 10.301(a) General. Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Said numbers shall contrast with their background. MAINTENANCE Sec. 10.504.(a) General. Sprinkler systems, fire hydrant systems, standpipe systems, fire alarm systems, portable fire extinguishers, smoke and heat ventilators, smoke -removal systems and other fire - protective or extinguishing systems or appliances shall be maintained in an operative condition at all times and .shall be replaced or repaired where defective. Fire -protection or extinguishing systems coverage, spacing and specifications shall be maintained in accordance with recognized standards at all times. Such systems shall be extended, altered or augmented as necessary to maintain and continue protection whenever any building so equipped is altered, remodeled or added to. Additions, repairs, alterations and servicing shall be in accordance with recognized standards'. CPORTABLE FIRE EXTINGUISHERS Sec. 10.505(a) General. Portable fire extinguishers shall be installed in occupancies and locations as set forth in this code and as recruired by the chief_ Portable fire extinguishers shall be in accordance with U.F.C. standard No. 10-1. INTERIOR WALL AND CEILING FINISHES Sec. 10.603. Interior wall and ceiling finishes shall be maintained in accordance with the Building Code. STORAGE AND ACCUMULATION OF RUBBISH AND Sec. 11.302(a) Rubbish within and Adjacent to Buildings and Structures. Combustible rubbish kept or accumulated within or adjacent to buildings or structures shall be stored in approved containers or in rooms or vaults constructed of noncombustible materials. Oily rags and similar materials shall be stored in metal,. metal -lined or other approved containers equipped with tightfitting covers. Combustible rubbish stored in containers shall be removed from buildings not less than -once each working day. Attachment C Page 2. EXCEPTION: Commercial rubbish handling operations shall be in accordance with Section 11.302(c). DOORS Sec. 12.106(d) Panic Hardware. Panic hardware, when installed, shall comply with the requirements of the Building Code. The activating member shall be mounted at a height of not less than 30 inches nor more than 44 inches above the floor. The unlatching force shall not exceed 15 pounds when applied in the direction of exit travel. When balanced doors are used and panic hardware is required, panic - hardware shall.be of the push -pad type and the pad shall not extend across more than one half of the width of the door measured from the latch side. ABATEMENT OF ELECTRICAL HAZARDS Sec. 85.104. When electrical hazards are identified, measures to abate such conditions shall be taken.. Identified hazardous electrical conditions in permanent wiring or temporary wiring shall be corrected in cooperation with the authority enforcing the Electrical Code. Electrical wiring, devices, appliances and other equipment which are modified or damaged and constitute an electrical shock or fire hazard shall not be used. MG:kd\reports\mcfad-at.bc BOARD OF APPEALS REPORT ATTACHMENT E SIV O DATE: APRIL 8, 1996 Inter -Com S TO: BOARD OF APPEALS FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: MCFADDEN VILLAGE APARTMENTS (17271-17289 MCFADDEN AVENUE) RECOMMENDATION That the Board of Appeals uphold the decisions of the Building Official as contained in the -Notice and Order issued February 22, 1996 by adopting Board of Appeals Resolution 96-1, as submitted or revised. The Notice and Order requires the property owner to correct violations of the California State Health and Safety Code, the Uniform Fire Code and the City of Tustin Municipal Code. The Notice and Order further establishes time limits for the correction of the violations. Initial Inspection - February 5-9, 1996 On February 5-9, 1996, City staff including a Building Inspector, Code Enforcement Officer and representatives from the Fire Authority, Health Department and Animal Control conducted a series of interior and exterior inspections of the above referenced apartments. The apartments were constructed in 1978 and consist of fifteen (15) buildings with a total of 73 dwelling units, one (1) recreation building, and five (5) garage structures. The Community Development Department organized this inspection team as a result of several complaints from tenants residing at the complex. Generally, the complaints related to substandard living conditions and violations of the nuisance ordinance, building, housing and property maintenance codes. Three. (3) units were posted as °Unsafe", including one (1) that was ordered to be vacated immediately. Board of Appeals Report McFadden Village Apartments April 8, 1996 Page 2 The inspections revealed numerous violations including: • Deteriorated walls, roofing materials and ceilings to the extent that the outside is visible from interior rooms; • Structural damage on stairs, decks and landings leading to the second floor (i.e. teetering stairways and landings, defective guardrail and handrails and rotting floor boards); • Water damaged living area floors; • Substandard sanitation and plumbing; • Inoperable furnaces; • Inoperable or missing smoke detectors; • Cockroach infestation; • Deteriorated exterior walls (stucco and wood trim); • Deteriorated parking and pedestrian access -ways; • Mosquito infestation due to ponding from poorly maintained irrigation systems; • Significant termite and dry rot damage; and • General lack of maintenance in the common areas, including dead, overgrown and missing landscaping and a deteriorated irrigation system. Notice and order to Correct Violations Based on the extent of property deterioration and the health and safety concerns, the Building Official deemed it necessary to issue a Notice and Order to correct the substandard conditions. The Notice and order established time -lines for compliance to ensure the units were repaired and maintained in habitable conditions. The time -lines established were reasonable given the requirements of the Uniform Building Code, the safety concerns and the amount of time necessary to construct the improvements. The specific nature and locations of the violations are specified in the Notice and Order. A copy of the Notice and Order is attached for the Board's consideration (Attachment A). Board of Appeals Report McFadden village Apartments April 8, 1996 Page 3 Subsequent Actions to the Notice and Order First Meeting with Mr. Pai On February 29, 1996, Mr. Pai, the property owner, met with representatives from the Building and Code Enforcement Divisions and the Redevelopment Agency. After the meeting, staff reported to the Community Development Director that the owner was not going to complete the necessary improvements in a timely manner (i.e., Mr. Pai wanted two (2) years to make the needed improvements. The Notice and Order required the "immediate hazard" repairs to be completed by March 4, 1996 and April 4, 1996 and the remaining repairs to be completed by June 1, 1996). Based on Mr. Pails lack of commitment to complete the improvements, the Community Development Director deemed it prudent to clarify the City's concerns at a subsequent meeting. Request for Fire Authority Assistance On February 29, 1996, the City received a complaint (via an emergency call to the Fire Authority) from a tenant that a four (4) \. foot by eight (8) foot portion of the drywall ceiling fell within her living unit. Due to health and safety issues and the potential liability to the .City, the Building Official posted the unit as unsafe and uninhabitable. A few days later, an additional four (4) foot. by eight (8) foot portion of the ceiling fell within the kitchen of the same unit. The leaking roof caused the ceiling to. become saturated and eventually to fail. Second Meeting with Mr. Pai On March 20, 1996, the City Attorney, Building Official and Community Development Director met with Mr.. Pai and Greg Bennett (Mr. Pails Agent). At this meeting, Mr. Pai was advised that he had missed the March 4, 1996 deadline and that the City was concerned that he would miss the future deadlines established within the Notice and Order. Mr. Pai advised City staff that some of the work had been completed and other work was under way but he did not intend to complete all the required corrections within the time frames established in the Notice and Order. Mr. Pai stated that he would appeal the Notice and Order. I Board of Appeals Report McFadden Village Apartments April 8, 1996 Page 4 Appeal of the Building Official's Decision On March 20, 1996, an appeal was filed with the City Building Official and is included as Attachment B. Mr. Pai was notified, by certified mail sent on March 25, 1996, that the appeal will be heard on April 8, 1996, at 6:00 p.m. in the City Council Chambers. The written notice of hearing is included as Attachment C. Mr. Pai contacted the City Building Official on March 28, 1996, and the Community Development Director on March 29, 1996. Mr. Pai requested additional time to complete the required work due to financial constraints: The Director and the Building official advised Mr. Pai that his request should be presented to the Board at the appeal hearing. To date, staff has not received any information from Mr. Pai to submit for the Board's consideration. DISCUSSION The code violations listed in the Notice and order are violations of minimum acceptable standards of health, safety, sanitation and maintenance as prescribed by the California Health and Safety Code, the Uniform Fire Code, and the City of Tustin Municipal code. The full text of each code section cited in the Notice and Order is included as Attachment D. Staff will present a videograph and photographs of the site's conditions at the meeting (Attachment G). The appellant has indicated his intent to challenge the Building Official's decisions regarding the violations and the time -frames for correction of the violations. The code violations cited in the Notice and Order do exist and must be corrected. The Building official is empowered to determine the nature of the repairs required and to determine reasonable time- frames to complete those repairs, per Uniform Administrative Code Sections 202 and 203, Dangerous Buildings Code, Chapters 2 and 4, and Uniform Housing Code, Chapter 2. The buildings have not been re -roofed since they were constructed in 1978. The roofing and deck waterproofing surfaces are 18 years old. The waterproofing materials have weathered, aged and worn to the extent that they no longer keep the building weather -tight. These roofs and decks have been leaking for some time. This leaking results in dryrot, mildew, mold and in some cases, failure of building components. The Building Official has ordered the Board of Appeals Report McFadden Village Apartments April 8, 1996 Page 5 existing roofing and deck waterproofing completely removed and replaced with new materials. To determine if the structural components beneath the roofing and deck waterproofing have been water damaged, the areas must be exposed by removal of the existing materials. Re -roofing is subject to Appendix Chapter 15 of the 1994 Uniform Building Code, as adopted by City Ordinance No. 1160. The Building Official has determined that the existing roofing must be removed and that provisions of UBC Appendix Chapter 15, Sections 1515 and 1516 shall apply. Additionally, Exceptions 1 through 5 of Section 1516.1 will not be accepted to permit an overlay of new roofing. Via the Notice and order the Building official established a two month time -frame for completion of this work. Permits were to be obtained by April 1, 1996, and all work completed by June 1, 1996. The time frame established in the Notice and order is adequate for re -roofing and deck waterproofing of 15 buildings. This time frame also means that the buildings will have leaked for an additional 0, months since the City became involved. To date, one building has been partially re -roofed. The repair and/or replacement of stairways, handrails and guardrails throughout the complex was required to start by March 4, 1996 and completed by April 4, 1996. To date, no action has occurred. The smoke detectors and heating systems have been repaired or replaced. The other miscellaneous violation items cited in Attachment A, pages 1-11 of the Notice and Order have not been corrected as of this date. Completion by June 1, 1996 is required. The three units listed as non -habitable have received the most attention from the owner. These units are nearly ready for release for occupancy. Staff will inspect the project during the day on Monday, April 8, 1996, and provide oral testimony as to the current status of outstanding violations and completed items. Board of Appeals Report McFadden Village Apartments April 8, 1996 Page 6 City Financial Assistance Mr. Pai has made application for financial assistance from the City Rehabilitation Grant and Loan Program. The maximum funding available is $31,000 for this project. The $31,000 Grant and Loan amount is not enough money to complete the repairs required. The Grant and Loan Program is administered by the City Redevelopment Agency. Copies of correspondence regarding the Grant and Loan Program and a list of the 900 apartment units that Pai Investments owns is included as Attachment E. City financial assistance is not within the jurisdiction of the Board of Appeals. CONCLUSION This property has been minimally maintained over the last 18 years and is substandard under the minimum requirements of the codes. Therefore, the Notice and Order should be upheld (including the time -frames) or all of the units should be vacated until repaired to minimum standards for habitation. PQJ" &�' Rick Brown Building Official Elizabeth A. Binsack Community Development Department Director Attachment A - Notice and Order B - Appeal Form C - Notice of Appeal Hearing D - Code Sections E - City Financial Assistance F - Board of Appeals Resolution 96-01 G - Videograph and photographs of the Site and Conditions (Available at the Meeting) cc: Lois Jeffrey, City Attorney Soroush Rahbari, Senior Inspector/Plan Checker PR8:br:appeals.bd BOARD OF APPEALS REPORT ATTACHMENT F G�`CY O Community Development Department City of Tustin April 15, 1996 300 Centennial Way Tustin, CA 92680 Mr. Vinay Pai General Partner Director PAI -25, LTD and PAI -16, LTD. (714)573-3031 3745 W. Chapman Avenue, #205 Orange, California 92668 Planning & Zoning info. (714)573-3140 Building CERTIFIED MAIL P 010 680 433 (714)573-3131 -(714)573-3132 FINAL NOTICE AND ORDER Housing (714) 573.3117 Code Enforcement Property Address: 17271 - 17289 McFadden Avenue (714)573-3134 Tustin, California 92,680 Business license - (714)573-3144 As Parcel Number: 402-333-01 inspection Requests (714)573-3141 The Building Official for the City of Tustin and Graffiti Hot One inspectors for the Orange County Fire Authority and (714) 573.3111 Health Care Agency have found the buildings located at FAX Machine 17271 - 17289 McFadden Avenue, Tustin, to be substandard (714)573-3113 following inspections conducted at the property in February of 1996. The findings of the Building, Fire, and Health Officials were reviewed by the Building Board of Appeals on April 8, 1996. The Board of Appeals held that the order was proper and adopted Resolution No. 96-1 in support of the original order to correct substandard conditions. Pursuant to Health and Safety Code Section 17980.6, the Building Official finds that the violations noted in the Notice and Order dated February 22, 1996 with respect to the exterior guardrails, handrails, and stairways (which were not replaced by April 4, 1996 as ordered) and the roofing, exterior decks, and balconies (which have not been removed for inspection, nor have permits for repair and replacement been obtained by April 1, 1996) are so extensive and of such a nature that the health and safety of the residents is substantially endangered. No effort has been made to correct the 'violations in the manner required or in accordance with the Building Official's deadlines. PAI Investments, Inc. / Final Notice and Order (` April 15, 1996 Page 2 The deadlines for repair and replacement set forth in the Notice and Order dated February 22, 1996, which was upheld by the Board of Appeals on April 8, 1996, were and are deemed reasonable time periods for correcting the violations identified herein, including those which violate Health and Safety Code Section 17980.6. Attachment A lists the location of each violation. Attachment A has been updated from the February 22, 1996 Notice and Order to reflect the improvements completed. All violations which have been corrected as of April 15, 1996 have been deleted. The balance of Attachment A lists violations which must be corrected. The substandard conditions existing at the subject property as defined in California Health and Safety Code Section 17920.3 are as follows. In addition, the Building Official has determined, pursuant to Health and Safety Code Section 17980.6, that the conditions of the exterior guardrails, handrails, and stairway and the roofing,'exterior decks, and balconies substantially endanger the health and safety of the residents. STATE HEALTH & SAFETY CODE C § 17920.3 Substandard building; conditions Any building or portion thereof including any dwelling unit, guest room or suite of rooms, or the premises on which the same is located, in which there exists any of the following listed conditions toan extent that endangers the life, limb, health, property, safety, or welfare of the public or the occupants thereof shall be deemed and hereby is declared to be a substandard building: Inadequate Sanitation (a) Inadequate sanitation shall include, but not be limited to, the following: (1) .Lack of, or improper water closet, lavatory, or bathtub or shower in a dwelling unit. (3) Lack of, or improper kitchen sink. (5) Lack of hot and cold running water to plumbing fixtures in a dwelling unit. (6) Lack of adequate heating. PAI Investments, Inc. Final Notice and Order April 15, 1996 Page 3 (7) Lack of, or improper operation of required ventilating equipment. (10) Lack of required electrical lighting. (11) Dampness of habitable rooms. (12) Infestation of insects, vermin, or rodents as determined by the health officer. (13) General dilapidation or improper maintenance. (15) Lack of adequate garbage and rubbish storage and removal facilities as determined by the health officer. Structural Hazards (b) Structural hazards shall include, but not be limited to, the following: (2) Defective or deteriorated flooring or floor supports. (4) Members of walls, partitions, or other vertical supports that split, lean, list, or buckle due to defective material or deterioration. (6) Members of ceilings, roofs, ceilings and roof supports, or other horizontal members which sag, split, or buckle due to defective material or deterioration. Any Nuisance (c) Any nuisance. Hazardous Electrical Wiring (d) All wiring, except that which conformed with all applicable laws in effect at the time of installation if it is currently in good and safe condition and working properly. Hazardous Plumbing (e) All plumbing, except that which conformed with all applicable laws in effect at the time of installation and which has been maintained in good condition, or which may not have conformed with all applicable laws in effect at the time of installation but is currently in good and safe condition PAI Investments, Inc. Final Notice and Order April 15, 1996 Page 4 and working property, and which is free of cross connections and siphonage between fixtures. Hazardous Mechanical Equipment (f) All mechanical equipment, including vents, except that which conformed with all applicable laws in effect at the time of installation and which has been maintained in good and safe condition, or which may not have conformed with all applicable laws in effect at the time of installation but is currently in good and safe condition and working properly. Faulty Weather Protection (g) Faulty weather protection, which shall include, but not be limited to, ,the following: (1) Deteriorated, crumbling, or loose plaster. (2) Deteriorated or ineffective waterproofing of exterior walls, roof, foundations, or floors, including broken windows or doors. (3) Defective or lack of weather protection for exterior wall coverings, including lack of'paint, or weathering due to lack of paint or other approved protective covering.' (4) Broken, rotted, split, or buckled exterior wall coverings or roof coverings. Fire Hazard (h) Any building or portion thereof, device, apparatus, equipment, combustible waste, or vegetation which, in the opinion of the chief of the fire department or his deputy, is in such condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause. Faulty Materials of Construction (i) All materials of construction, except those which are specifically allowed or approved by this code, and which have been adequately maintained in good and safe condition. PAI Investments, Inc. Final Notice and Order April 15, 1996 Page 5. Hazardous or Unsanitary Premises (j)• Those premises on -which an accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rodent harborages, stagnant water, combustible materials, and similar materials or conditions constitute fire, health, or safety hazards. Inadequate Maintenance (k) Any building or portion thereof which is determined to be an unsafe building due to inadequate maintenance, in accordance with the latest edition of the Uniform Building Code. Inadequate Fire Protection or Firefighting Equipment. (m) All buildings or portions thereof which are not provided with the fire -resistive construction or. fire - extinguishing systems or equipment required by this code, C except those buildings or portions thereof which conformed with all applicable laws at the time of their construction and whose fire -resistive integrity and fire -extinguishing systems or equipment have been adequately maintained and improved in relation to any increase in occupant load, alteration or addition, or any change in occupancy. CITY OF TUSTIN MUNICIPAL CODE In addition to the foregoing violations of the State Housing Law, the property is in violation of City of Tustin Municipal Code Sections 5502(m), 1, 2, 3, 4, 5 and 6. (See Attachment B). UNIFORM FIRE CODE The property is also in violation of Uniform Fire Code Sections 10.301(a), 10.504(a), 10.505(a), 10.603, 11.302(a), 12:106(d) and 85.104. (See Attachment C). The specific locations and types of violations are listed by building address and/or unit number in Attachment "A" of this Notice and Order. Attachment A was updated as of April 15, 1996 and lists outstanding violations which have not been corrected. 11 PAI Investments, Inc. Final Notice and Order April 15, 1996 Page 6 ACTIONS REQUIRED The following actions are required to be taken: (1) The exterior guardrails, handrails, and stairways identified as substandard in Attachment "A" shall be replaced with new materials conforming to the original size, style, type and paint color of the original materials. This replacement work shall commence by March 4, 1996 and shall be inspected by the City Building Division. Inspections shall be scheduled with Soroush Rahbari, Senior Inspector by calling (714) 573-3120. This replacement work shall be completed by April 4. 1996. (2) The roofing and exterior deck/balcony water proofing for all buildings shall be removed. Inspection of all sheathing and roof framing members shall be scheduled with the City. Building Division. All rotten or otherwise unsuitable materials shall be removed and replaced prior to approval for the installation of new roofing or deck/balcony water proofing materials. All new roofing must have a minimum Class "B" fire resistive rating, and provide minimum slope of 1/4"/FT and adequate drains to avoid ponding of water on the roof. The repair and reroof of the buildings and deck/balcony water proofing shall commence by April 1. 1996 and shall be completed by June 1, 1996. Inspections shall be scheduled with the City Building Division following the issuance of the required reroofing and water proofing permits. Permits for all buildings were required to be obtained by April 1, 1996. To date, only four (4) buildings have permits. The owner is currently in violation of this time limitation for obtaining the required permits. Each day that passes without obtaining the required permits constitutes a separate violation. (3) All remaining substandard conditions identified in Attachment "A" shall have action to correct commenced by April 1, 1996 and shall be completed and inspected by June 1, 1996. (4) Refer to Attachment "A" for specific types of violations and their location. Failure to Obey Order. If, after any order of the Building Official or Board of Appeals made pursuant to this code has become final, the person to whom such order is directed shall fail, neglect or refuse to obey such order, the Building Official may (i) cause such person to be prosecuted under Section 1401.1 of the Tustin City Code or (ii) may institute any appropriate action to abate such building as a public nuisance. In addition, the City f PAI Investments, Inc. C Final Notice and Order April 15, 1996 Page 7 may institute an action under the State Housing Law for which special criminal or civil remedies are available (see Health and Safety Code Section. 17980.7 and Section 17995 et.seo.). Failure to Commence Work. Whenever the required repair or demolition is not commenced within 30 days after any final notice and order issued under this code becomes effective: 1. The Building Official may cause the building described in such notice and order to be vacated by posting at each entrance thereto a notice reading: SUBSTANDARD BUILDING DO NOT OCCUPY It is a misdemeanor to occupy this building, or to remove or deface this notice. Building Official City of Tustin C2. No person may occupy any building which has been posted as specified in this subsection. No person shall remove or deface any such notice so posted until the repairs, demolition or removal ordered by the Building Official have been completed and a certificate of occupancy issued pursuant to the provisions of the Building Code. 3. The Building Official may, in addition to any other remedy herein provided, cause the. building to be repaired to the extent necessary to correct the' conditions which render the building substandard as set forth in the notice and order; or, if the notice and.order required demolition, to cause the building to be sold and demolished; or, to be demolished, and the materials, rubble and debris therefrom removed and the lot cleaned. Any such repair or demolition work shall be accomplished and the cost thereof paid and recovered in the manner hereinafter provided in this code. Any surplus realized from the sale of any such building, or from the demolition thereof, over and above the cost of demolition and of cleaning the lot shall be paid over to the person or persons lawfully entitled thereto. The City of Tustin and the County Fire and Health Officials are available to meet with you or your representatives to discuss any issues or questions that may arise regarding this notice or code and permit requirements. PAI Investments, Inc. Final Notice and Order April 15, 1996 Page 8 We look forward to working with you to restore this property to a safe and sanitary condition. I may be reached at (714) 573-3130. Sincerely, Rick Brown, C.B.O. Building Official. RS:kbm\paifi=1.nso - cc: William Huston, City Manager Lois Jeffrey, City Attorney Elizabeth Binsack, Director of Community Development Rita Westfield, Assistant Director Ray Evans, O.C. Health Care Agency Stephen Cobb, O.C. Fire Authority Lenders and/or others referenced on the title with an ownership interest in the property Attachments: Attachment A - Violation Locations Attachment B - Maintenance Codes Attachment C - Uniform Fire Code Attachment D - Board of Appeals Resolution No. 96-1 f ATTACHMENT A (REVISED APRIL 15, 1996) COMMON AREA PROPERTY MAINTENANCE VIOLATIONS': Garage exterior surfaces: All garage structures exhibit signs of broken stucco and studs. Garage #53 and #54 has severe structural damage to studs. Garage roof: All garage structures exhibit signs of severe roof damage. Laundry Room at Garage Structure #1-12: Repair damaged drywall including holes in walls, deteriorated window sill, broken windows, missing screens, damaged vinyl floor, all electrical fixtures missing covers. LANDSCAPING: General lack of maintenance including ivy growing uncontrolled onto exterior of buildings causing damage to stucco, - bare areas where paths have been worn through planter areas; trees need trimming and stumps removed; roots causing extensive damage to pedestrian walkways throughout the complex; landscaping debris allowed to accumulate on ground. Some planter areas are completely devoid of landscaping including the strip adjacent to the driveway along the west property line and all of the planter areas in the north parking lot area. The property owner shall submit a landscaping plan for review by the Community Development Department illustrating how the existing deficiencies will be remedied. IRRIGATION: General lack of maintenance including inoperable automatic timers, broken lines, missing sprinkler, improperly installed risers and sprinkler heads, leaking valves. The irrigation system shall be repaired to provide automatic and adequate coverage of all landscaping areas. TRASH ENCLOSURES: View -obscuring doors at all trash enclosures are missing. PARKING AND CIRCULATION/PEDESTRIAN WALKWAYS: Asphalt parking surfaces and concrete swales are cracked, buckled and severely damaged. FIRE DEPARTMENT CORRECTIONS: Code Violation All Fire Lanes shall be restriped and stenciled. UFC 10.504(a) All damage or faded Fire Lane signage shall be replaced. UFC 10.504(a) Replace all missing apartment lettering where required. UFC 10.301(a) Remove illegal lighting stapled to stairway at building at 17281. UFC 85.104 Page 2 Attachment A Revised: April 15, 1996 ADDRESS: 17271 MCFADDEN AVENUE Exterior Substandard Conditions: Exterior surface: stucco damage. Code violation HSC 17920.3(g) Roof: water damage, leaks.(Flat roof was reroofed. Sloped areas are not replaced.) HSC 17920.3(g) Deck/Patio: resurface, broken sheathing. HSC 17920.3(g) Stairs/landings: treads and guardrails rotted and broken, stairs at unit F and H, railing at J and L. . HSC 17920.3(g) Wall, Fences: water damage, broken. Driveways, walkways: cracked, raised, uneven Landscaping: not maintained, not properly sloped to drain. Irrigation: broken pipes and heads, leaks. Rain Gutter/Roof Drain: blocked and broken, no drain covers. (Repaired but not final.) Water Heater: enclosure damaged walls. Interior' Substandard Conditions: Unit E: Floor damp. Unit G: Shower pan cracked. Unit R: Infestation of roaches. ADDRESS: 17273 MCFADDEN AVENUE Exterior Substandard Conditions: TCC 5502(m)(3) TCC 5502(m)(4) TCC 5502(m)(1) TCC 5502(m)(2) HSC 17920.3(g) HSC 17920.3(e) Code violation HSC 17920.3(a)(13) HSC 17920.3(e) HSC 17920.3(a)(12) Code violation Exterior surface: stucco damage with mold. HSC 17920.3(g) Roof:water damage,leaks,fascia boards damage. HSC 17920.3(g) Drs/windows/Screens: missing some screens. HSC 17920.3(a)(13) Wall, Fences: broken fence, water damage. TCC 5502(m)(3) Walkways: broken walkway with 2" differential. TCC 5502(m)(4) Page 3 Attachment A Revised: April 15, 1996 Landscaping: not maintained. TCC 5502(m)(1) Irrigation: water leaks, broken heads, exposed.TCC 5502(m)(2) Rain Gutter/Roof Drain: blocked or broken. HSC 17920.3(x)(13) Water Heater: wall damage and electrical damage at enclosure; no seismic bracing. HSC 17920.3(e) Interior Substandard Conditions: Code violation Unit C: Infestation of roaches. HSC 17920.3(a)(12) ADDRESS: 17275 MCFADDEN AVENUE Exterior Substandard Conditions: Code violation Exterior surface: stucco damage. HSC 17920.3(g) Roof: Asphalt shingle at sloped roof areas need to be replaced. (Flat roof portion is completed) HSC 17920.3(g) Drs/windows: missing window screens. HSC 17920.3(x)(13) Walls, fences: moisture damage. TCC 5502(m)(3) Driveways, walkways: broken sidewalks and pool decking. TCC 5502(m)(4) Landscaping: Not maintained, inadequate slope to drain. TCC 5502(m)(1) Irrigation: leaks, and broken pipes. TCC 5502(m)(2) Junk and debris: in pool area and bathrooms. TCC 5502(e) Interior Substandard Conditions: Code Violation Recreation toilets not functional. HSC 17920.3(e) Ceiling structure is damaged. Women's restroom must be re -converted back to original use. Page 4 Attachment A Revised: April 15, 1996 ADDRESS: 17277 MCFADDEN AVENUE Exterior Substandard Conditions: Exterior surface: stucco damage. Code violation HSC 17920.3(g) Roof: Reroofing of sloped roof areas is required. (Flat roof portion is completed). HSC 17920.3(g) Deck/Stairs: All stairs rotted, stringers termite damaged, decking, railing and treads broken. HSC 17920.3(g) Drs/windows: missing some window screens. HSC 17920.3(x)(13) Walls, fences: water damaged and termite damaged. Also missing boards. TCC 5502(m)(3) Driveway, walkways: broken, raised and uneven. TCC 5502(m)(4) Landscaping: unmaintained condition. TCC 5502(m)(1) Irrigation: exposed pipes, broken heads & leaks. TCC '5502(m)(2) Rain gutters/ roof drains: blocked, missing drain covered. HSC 17920.3(g) Water heater: wall damage inside enclosure. HSC 17920.3(e) Interior Substandard Conditions: Code Violation Unit B: unit D: Kitchen sink leaks. Plumbing wall at corridor HSC 17920.3(x)(13) Hole in hallway wall. damaged. HSC 17920.3(a)(13) Unit E: Deteriorated ceiling at bedroom HSC 17920.3(x)(13) and hallway. Collapsed ceiling Unit F: at kitchen and dining. Under sink damaged from lavatory HSC 17920.3(a)(13) unit G: leak. Lavatory faucet leaks. HSC 17920.3(a)(13) Ceiling mildew in bath. HSC 17920.3(x)(13) Inadequate ventilation. HSC 17920.3(a)(13) HSC 17920.3(a)(7) R A Page 5 Attachment A Revised: April 15, 1996 ADDRESS: 17279 MCFADDEN AVENUE Exterior Substandard Conditions: Code Violation Exterior surface: stucco damage with mold. HSC 17920.3(g) .Roof: water standing, damaged, leaks. HSC 171920.3(g) Deck/Patio: surface damage. HSC 17920.3(g) Drs/windows/Screens: door screen missing on some units. HSC 17920.3(a)(13) Stairs, Landings: broken and termite damaged. HSC 17920.3(g) Wall, Fences: water damage, termite damage. TCC 5502(m)(3) Driveways, walkways: broken, raised, uneven. TCC 5502(m)(4) Landscaping: not maintained. TCC 5502(m)(1) Irrigation: broken heads, leaks. TCC 5502(m)(2) Rain Gutter/Roof Drain: blocked, missing drain cover, broken downspout. HSC 17920.3(g) Water Heater: wall damage inside enclosure. HSC 17920.3(e) Interior Substandard Conditions: Code Violation Unit B: Kitchen sink leaks. HSC 17920.3(e) Inadequate ventilation. Unit C: Kitchen sink leak damage underside. HSC 17920.3(x)(7) Kitchen cabinets falling off. HSC 17920.3(a)(13) HSC 17920.3(a)(13) Unit E: Ceiling in bath is patched inadequatelyHSC 17920.3 (a) (13) Unit F: Roof damaged ceiling from leaks. Unit HSC 17920.3(a)(13) G: Bathroom ceiling has a hole. Unit HSC 17920.3(a)(13) H: Lavatory and kitchen sink leaks underside. Unit I: water leak from floor above. HSC 17920.3(e) Lavatory leaks. HSC 17920.3(a)(13) Infestation of roaches. HSC 17920.3(e) HSC 17920.3(a)(12) Deteriorated ceiling in bathroom. HSC 17920.3(a)(13) Hazardous electrical light in bathroom.HSC 17920.3(d) Smoke detector missing or inoperable. Unit J: Ceiling leak damaged and bowed. UFC 10.504(a) Infestation of roaches. HSC 17920.3(a)(13) HSC 17920.3(x)(12) Unit L: Ceiling stained at living room, bedroom and hallway. HSC 17920.3(a)(13) Page 6 Attachment A Revised: April 15, 1996 ADDRESS: 17281 MCFADDEN AVENUE Exterior Substandard Conditions: Code Violation Exterior surface: stucco damage. HSC 17920.3(g) Roof: water standing, broken blisters, leaks. HSC 17920.3(g) Deck/Patio: surface and sheathing damage. HSC 17920.3(g) Stairs, Landings:treads, handrails and guardrails; Replace railings and treads to B,D,J,L,F and H. HSC 17920.3(8) Exterior Fixtures: security light, wiring exposed.HSC 17920.3(d) Wall, Fences: broken fence. TCC 5502(m)(3) Driveways/walkways: broken and raised sidewalk. TCC 5502(m)(4) Rain Gutter: broken and missing. HSC 17920.3(g) Interior Substandard Conditions: Code violation Unit D: Lavatory leaks underside. HSC 17920.3(e) Unit F: Moldy walls in bathroom. HSC17920.3(a)(13) Unit G: Lavatory leaks and particle board damp. HSC 17920.3(e) Unit H: Missing plaster on kitchen ceiling. HSC17920.3(a)(13) Unit I: Kitchen cabinet falling off. HSC 17.920.3(x)(13) unit J: Kitchen sink leaks. HSC 17920.3(e) Unit K: Shower floor is cracked. HSC 17920.3(e) ADDRESS: 17283 MCFADDEN AVENUE Exterior Substandard Conditions: Code Violation Exterior surface: stucco damage, holes in wall. HSC 17920.3(g) Roof: water damage, leaks, standing water. HSC 17920.3(g) Deck/Patio: resurface, broken sheathing. HSC 17920.3(g) Stairs/landings: replace damaged treads, stringers, handrails, guardrails to unit A. HSC 17920.3(g) Interior Substandard Conditions: Code Violation Unit B: Wall under the bathroom sink is broken and exposed to the outside. HSC 17920.3(a)(13) Page 7 Attachment A Revised: April 15, 1996 ADDRESS: 17285 MCFADDEN AVENUE Exterior Substandard Conditions: Exterior surface: moisture damage. Roof: water damage, leaks, standing water Deck/Patio: surface damage. Drs/windows/screens: missing window screens. Stairs/ landings: damaged treads, handrails, guardrails, rot and termite damage. Replace handrails, treads and guardrail to units A, B, C and D. Exterior Fixtures: illegal wiring of light fixture Interior Substandard Conditions: Laundry room: Missing vent cover. ADDRESS: 17287 MCFADDEN AVENUE Exterior Substandard Conditions: Exterior surface: stucco damage. Roof: .water standing, damaged, leaks. Deck/Patio: surface damage. Stairs, Landings: treads, handrails termite damage and broken; replace broken/damaged treads and railings to units B, D, F and H. Fall, Fences: fence at unit A is detached from wall. Water Heater: door to enclosure is damaged. Interior Substandard Conditions: Code Violation HSC 17920.3(g) HSC 17920.3(g) HSC 17920.3(g) HSC 17920.3(a) HSC 17920.3(g) Code Violation HSC 17920.3(a)(13) Code violation HSC 17920.3(g) HSC 17920.3(g) HSC 17920.3(g) HSC 17920.3(g) TCC 5502(m)(3) HSC 17920.3(g) Code Violation Unit C:' Crack in wall and ceiling of bathroom. HSC 17920.3(a) Unit F: Ceiling damage and bowed. HSC 17920.3(a) Unit J: Ceiling damage from roof leak. HSC 17920.3(a) Unit L: Ceiling stain from leak. HSC 17920.3(a) Page 8 Attachment A Revised: April 15, 1996 ADDRESS: 17289 MCFADDEN AVENUE Exterior Substandard Conditions: Code Violation Exterior surface: stucco damage. HSC 17920.3(g) Roof: water damage, leaks. HSC 17920.3(g) Deck/Patio: resurface, broken sheathing. HSC 17920.3(g) Drs/windows/screens: missing some window screens. HSC 17920.3(a) Stairs/landings: replace damaged treads to unit F.HSC 17920.3(g) Driveways, walkways: broken,loose slab and raised.TCC 5502(m)(4) Landscaping: not maintained TCC 5502(m)(1) Irrigation: broken with leaks; puddling at 17920.3(a)(13) Unit E: sidewalk. TCC 5502(m)(2) Rain Gutter: broken and missing downspout. HSC 17920.3(g) Interior Substandard Conditions: Code violation Unit A: Ceiling damage in living room from sjr:RB\mcfapts.att plumbing leaks upstairs unit. HSC 17920.3(a)(13) Damp floors. HSC 17920..3(x)(13) Smoke detector missing or inoperable. UFC 10.504(a) Unit B: Kitchen sink leak. HSC 17920.3(e) Ceiling water stained, damaged and bowed at bathroom. HSC 17920.3(a)(13) Smoke.detector missing or inoperable. UFC 10.504(a) Unit C. Ceiling water stained in hallway. HSC 17920.3(a)(13) Unit E: Ceiling water stained in bedroom. HSC 17920.3(a)(13) Lay. faucet leaks, water closet leaks. HSC 17920.3(e) Extremely heavy infestation of roaches. HSC 17920.3(a) Unit F: Missing window screens. HSC 17920.3(x)(13) Unit G: Ceiling cracked and damaged from water leak. HSC 17920.3(a)(13) Wall under kitchen sink damaged, hole in hallway wall. HSC 17930.3(a)(13) Smoke detector missing or inoperable. UFC 10.504(a) sjr:RB\mcfapts.att ATTACHI4ENT B TUSTIN CITY CODE PROPERTY MAINTENANCE 5502 PROPERTY MAINTENANCE NUISANCES It is hereby declared to be,a public nuisar;ce for any property owner or other person in control of said property to'keep or maintain said property, including adjacent parkways, sidewalks or streets under fee ownership by said person, in such manner that any of the following conditions are found to exist: TCC 5502 (m) Property failing to meet minimum levels of maintenance and care as- set forth as follows: ' ' . (1) Landscaping. All landscaping shall be maintained in a healthy condition free of.dead, decayed, overgrown or - discarded plant•material. (2) Landscaping irrigation. Landscape irrigation•pipes and sprinkler heads shall be maintained in good working order so as to cover all landscaped areas. (3) Walls, fences and other structures. All walls, fences and trash enclosures and other structures shall be C maintained•free of significant surface cracks, dryrot, warping, missing panels or blocks which either (i) .threaten structural integrity; .or (ii) result in a dilapidated, decaying,.. disfigured, partially ruined, appearance. (a) Parking and related surfaces. Parking surfaces and pedestrian walkways shall be maintained in a safe condition such that any concrete, asphalt or other driving or walking surfaces are. free of -potholes; buckled or cracked surfaces or raised areas. (5) Building elevations and roofs. Exterior building surfaces and roofs shall be maintained free of significant surface cracks, missing materials, warping, dryrot or blocks, which either (i) threaten structural integrity, or (ii) result in a dilapidated, decaying, disfigured, partially ruined appearance.. (6) Trash. and debris. The property shall be maintained free of the accumulation of trash and debris. Trash and debris associated with permitted uses are to be stored solely in designated trash enclosures. Any violation of subsection 5502(m)(5) is hereby declared to be a misdeamoner. (Ord. No. 1080, Sec. 2, 11-18-91) �E ATTACBMENT C \_ UNZFORtd FIRE CODE PREMISES IDENTIFICATION Sec. 10.301(a) General. Approved numbers 'or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Said numbers shall contrast with their background. MAINTENANCE Sec. 10.504.(a) General. Sprinkler systems, fire hydrant systems, standpipe systems, fire alarm systems; portable fire'extinguishers, smoke and heat ventilators, smoke -removal systems and other fire - protective or extinguishing systems or appliances shall be maintained in. an operative condition at all times and shall be - replaced or repaired .where defective. Fire -protection or extinguishing systems coverage, spacing and specifications shall be maintained in accordance with recognized standards at all times. Such systems shall be extended, altered or augmented as necessary to maintain and .continue protection. whenever any building. so equipped is altered, remodeled or added to. Additions, repairs, alterations and servicing shall be in accordance with recognized standards. PORTABLE FIRE EXTINGUISHERS Sec. 10.505(a) General. Portable fire extinguishers. shall be installed in'occupancies and locations as set forth in this code and as required by the chief. Portable fire extinguishers shall be in accordance with U.F.C. standard No. 10-1. INTERIOR WALL AND CEILING FINISHES Sec. 10.603. Interior wall and ceiling finishes shall be maintained in accordance with the Building Code. STORAGE AND ACCUMULATION OF RUBBISH AND VEGETATION Sec. 11.302(a) Rubbish within and Adjacent to Buildings and Structures. Combustible rubbish kept or accumulated within or adjacent to buildings or structures shall be stored in approved containers or in rooms or vaults- constructed of noncombustible materials. Oily rags and similar materials shall be stored in metal, metal -lined or other approved containers equipped with tightfitting covers. Combustible rubbish stored in containers shall be removed from buildings not less than -once each working day. f� Attachment C Page 2 EXCEPTION= Commercial rubbish handling operations shall -be in accordance with Section 11.302(c). 170; . Sec. 12.106(d) Panic Hardware. Panic hardware, when installed, shall comply with the requirements of the Building Code. The activating member shall be mounted at a height of not less than 30 inches nor more than 44 inches above the floor. The unlatching force shall not exceed 15 pounds when applied in the direction of exit travel. When balanced doors are used and panic hardware is required, panic - hardware shall.be of the push -pad type and the pad shall not extend across more than one half of the width of the door measured from the latch side. ABATEMENT OF ELECTRICAL, HAzAnns Sec. 85.104. When electrical hazards are identified, measures to abate such conditions shall be taken. Identified hazardous electrical conditions in permanent wiring or temporary wiring shall be corrected in cooperation with the authority enforcing the Electrical Code. Electrical wiring, devices, appliances and other equipment which are modified or damaged and constitute an electrical shock or fire hazard shall not be used. MG:kd\reports\mcfad-at.bc f ATTACHMENT D Community Development Department City of Tustin 300 Centennial Way SEND FIRST CLASS MAIL AND Tustin, CA 92680 CERTIFIED MAIL P 016-6804 19 • Director (714) 573-3031 Planning & Zoning Info. April 12, 1996 (714)573-3140 Building (714)573.3131 (714)573-3132 Mr. Vinay Pai General Partner Housing PAI -25, LTD and PAI -16, LTD. (714)573-3117 3745 W. Chapman Avenue, #205 Code Enforcement Orange, California 92668 (714)573-3134 SUBJECT: DENIAL OF APPEAL TO NOTICE AND ORDER Business License (714)573-3144 ISSUED FEBRUARY 22, 1996 Inspection Requests Dear Mr. Pai : (714) 573-3141 The Board of Appeals of the City of Tustin at their Graffiti Hot line (714)573-3111 regular meeting on April 8, 1996 denied your appeal. This Board of Appeals FAX Machine action is final. (714)573-3113 Enclosed is a copy of the Board of Appeals Resolution of denial, No. 96-1. Should you have ally questions about the Board's action, please do not hesitate to contact me at (714) 573-3031. Sincer_ely, Elizabeth A. Binsack Director Community Development Department cc: Rick.Brown, Building Official Lois Jeffrey, City Attorney EAB:br:pai.abd f 2 RESOLUTION NO. 96-1 3 4 A RESOLUTION OF THE BOARD OF APPEALS OF THE CITY OF TIISTIN, UPHOLDING THE DECISIONS OF THE 5 BUILDING OFFICIAL CONTAINED IN THE NOTICE AND ORDER DATED FEBRUARY 22, 1996, REQUIRING -THE 6 REPAIR AND REHABILITATION OF BUILDINGS AND GROUNDS LOCATED AT 17271-17289 MCFADDEN AVENUE 7 TIISTIN, CALIFORNIA 8 The Board of Appeals of the City of Tustin does hereby 9 resolve as follows: 10 I. The Board'of Appeals hereby finds and determines as 11 follows: 12 A. That during February, 1996, the Building '13 Official inspected the buildings and grounds located at 17271-17289 McFadden Avenue. 15 B. That on. February 22, 1996 the Building Official issued a proper Notice and Order to 16 the property owner via certified mail describing those conditions which violate City 17 and/or State 'laws and established reasonable time periods for correction of those 18 violations. 19 20 C. That on March 20, 1996, an appeal was filed by the owner with the Building Official contesting the required actions contained in 21 the Notice and Order dated ,February 22, 1996. 22 23 D. That pursuant to such appeal, a public hearing before the Board of Appeals was duly noticed 24 for 6:00 p.m. on April 8, 1996. 25 E. That witnesses were properly sworn and oral 26, and documentary evidence was duly presented to the Board of Appeals on April 8, 1996. 28� 4 5 6 7 8 9 10 11 12 13 14'' 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Board of Appeals Resolution.No. 96-1 Page 2 II. The Board of Appeals hereby further finds and resolves as follows: A. That there is substantial evidence that each of the violations identified in the February 22, 1996 Notice and Order exists. B. That the violations identified in the Notice and Order demonstrate that substandard housing and property maintenance conditions exist. C. That the extent of repairs ordered by the Building official are appropriate for the property. D. That the time limitations for starting and completing the repairs are reasonable. III. Based upon the above findings, and upon the oral and documentary evidence submitted at its April 8, 1996 hearing, the Board of Appeals hereby upholds the* decision of the Building Official as set forth in the February 22, 1996 Notice and order 'of the Building Official subject to the following conditions: A. The property owner is hereby ordered to comply with the requirements of the Notice and Order identified in Attachment A of the related staff report dated April 8, 1996, as attached hereto and incorporated herein. B. The Building Official is directed to provide a copy of this Resolution to the property owner. Board of Appeals Resolution No_ 96-1 Page 3 2 3 4 C. In the event of non-compliance with the Notice 5 and Order by the property owner, the Board of 6 Appeals has requested that the City Attorney pursue appropriate civil and/or. criminal remedies to force compliance with this Notice 7 and Order. 8 PASSED AND ADOPTED at a special meeting of the Tustin 9 Board of Appeals, held on the 8th day of April, 1996. 10 11 12 MAMTOR KAS 13 Chairw an Barbara ReyL's 16 Recording Secretary 17 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) 18 CITY OF TUSTIN ) 19 I, BARBARA REYES, the undersigned, hereby certify that I 20 am the Recording Secretary of the Board of Appeals of the City of Tustin, California; that Resolution No. 96-1 was 21 duly passed and adopted at a special meeting of the Tustin Board of Appeals, held on the 8th day of April, 22 1996. 23 24 BBARA�REY 25 ARES 26 Recording Secretary 28u a Community Development Department April 17, 1996 c City of Tustin 300 Centennial Way SENT VIA CERTIFIED Tustin, CA 92680 AND FIRST CLASS MAIL Further, be advised that a copy of the Final Notice and Order, the resolution of the Board of Appeals, and a copy of the certificate of substandard buildings that is recorded pursuant to Section 1102 of the Uniform Housing Code, will be sent to the bank and all other parties who have a legal interest of record in the buildings or land. If you have any questions, please contact me at (714) 573- 3031. Sincerely, Elizabeth Sinsack Director Community Development Department cc: William, A. Huston, City Manager Lois Jeffrey, City Attorney EAe:br:pai.bad C C Director (714) 573-3031 Mr. Vinay Pai General Partner Planning&Zoning Info. PAI -25, LTD and PAI -16, LTD. (714)573-3140 3745 W. Chapman Avenue, #205 Building Orange, California 92668 (714)573.3131 (714)573.3132 SUBJECT: FINAL NOTICE AND ORDER - PROPERTY ADDRESSES: 17271-17289 MCFADDEN AVENUE Housing TUSTIN, CA 92680 (714)573.3117 Code Enforcement Dear Mr. Pai : (714) 573-3134 Pleased find enclosed a copy of the Building Official's final Business License Notice and order regarding the above referenced address. (714)573-3144 Please be advised that pursuant to Health and Safety Code Inspection Requests (714)573-3141 Section 17980, and in accordance with Sections 17274 and 24436.5 of the Revenue and Taxation Code, in the case of a Graffiti Hot Line taxpayer who derives rental income from substandard housing, (714)573-3111 a tax deduction may not be allowed for ,interest, taxes, depreciation or amortization paid or incurred in the taxable FAX Machine year. In accordance with 17274 (c) (1), if the code (714)573-3113 compliance items are not timely corrected, a notice of non- compliance will be forwarded to the Franchise Tax Board. Further, be advised that a copy of the Final Notice and Order, the resolution of the Board of Appeals, and a copy of the certificate of substandard buildings that is recorded pursuant to Section 1102 of the Uniform Housing Code, will be sent to the bank and all other parties who have a legal interest of record in the buildings or land. If you have any questions, please contact me at (714) 573- 3031. Sincerely, Elizabeth Sinsack Director Community Development Department cc: William, A. Huston, City Manager Lois Jeffrey, City Attorney EAe:br:pai.bad C C G�Tv o �S'`�� Community Development Department City of Tustin 300 Centennial Way SENT VIA CERTIFIED Tustin, CA 92680 April 17, AND FIRST CLASS MAIL 1996 Director (714)573.3031 Mr. Vinay Pai General Partner Planning 8 Zoning Info. PAI -25, LTD and PAI -16, LTD. (714)573.3140 3745 W. Chapman Avenue, #205 Building Orange, California 92668 (714)573-3131 (714)573-3132 SUBJECT: FINAL NOTICE AND ORDER - PROPERTY ADDRESSES: 17271-17289 MCFADDEN AVENUE Housing TUSTIN, CA 92680 (714) 573-3117 Dear Mr. Pai: Code Enforcement (714)573-3134 Pleased find enclosed a copy of the Building Official's final Business License Notice and Order regarding the above referenced address. (714)573-3144 Please be advised that pursuant to Health and Safety Code Inspection Requests (714)573-3141 Section 17980, and in accordance with Sections 17274 and 24436.5 of the Revenue and Taxation Code, in the case of a GraKtl Hot Line taxpayer who derives rental income from substandard housing, (714)573-3111 a tax deduction may not be allowed for interest, taxes, depreciation or amortization paid or incurred in the taxable FAX year. in accordance with 17274 (c) (1), if the code (714) 573-3113 14)5733113 compliance items are not timely corrected, a notice of non- compliance'will be forwarded to the Franchise Tax Board. Further, be advised that a copy of the Final Notice and Order, the resolution of the Board of Appeals, and a copy of the certificate of substandard buildings that is recorded pursuant to Section 1102 of the Uniform Housing Code, will be sent to the bank and all other parties who have a legal interest of record in the buildings or land. If you have any questions, please contact me at (714) 573- 3031. Sincerely, Elizabeth Binsack Director Community Development Department cc: William A. Huston, City Manager Lois Jeffrey, City Attorney EA9:br:pai.bad CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No 590) State of _ C -- County of On before me,C DATE NAME, TITLE OF OFFICER G.,'JANE DOE, NOTARY PUEJUC personally appeared NAMES) OF SIGNER(SI personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their 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. VALERIE wRriEMAN WITNESS my hand and official seal. aCOMM. i 969213 z Z ' -� Notary Pab9C — Cafifomia ORANGE COUNTY AUG 2 M1' Comm. 5qp'ves G 29. 1996 J �� SIGNATURE OF NOTAflY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER INDIVIDUAL ///���JJJ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER - SIGNER IS REPRESENTING: nE O�(S)o Niftt(IFr,S DESCRIPTION OF ATTACH ID' DOCUMENT C `. NUMBER OF PAGES DATE OF DOCUMENT I(JE4 SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 BOARD OF APPEALS REPORT ATTACHMENT G G�'CV O �S'r�� Community Development Department April 17, 1996 Mr. Vinay Pai General Partner PAI -25, LTD and PAI -16, LTD. 3745 W. Chapman Avenue, #205 Orange, California 92668 City of Tustin 300 Centennial Way SENT VIA CERTIFIED Tustin, CA 92680 AND FIRST CLASS MAIL SUBJECT: FINAL NOTICE AND ORDER - PROPERTY ADDRESSES: 17271-17289 MCFADDEN AVENUE TUSTIN, CA 92680 Dear Mr. Pai: Pleased find enclosed a copy of the Building Official's final Notice and order regarding -the above referenced address. Please be advised that pursuant to Health and Safety Code Section 17980, and in accordance with Sections 17274 and 24436.5 of the Revenue and Taxation Code, in the case of a taxpayer who derives rental income from substandardhousing, a tax deduction may not be allowed for interest, taxes, depreciation.or amortization paid or incurred in the taxable year. In accordance with 17274 (c) (1)., if the code compliance items are not timely corrected, a notice of non- compliance will be forwarded to the Franchise Tax Board. Further, be advised that a copy of the Final Notice and Order, . the resolution of the Board of Appeals, and a copy of the certificate of substandard buildings that is recorded pursuant to Section 1102 of the Uniform Housing Code, will be sent to the bank and all other parties who have a legal interest of record in the buildings or land. If you have any questions, please contact me at (714) 573- 3031. Sincerely, C�.r e7���ucg.-, Elizabeth Binsack Director Community Development Department cc: William A. Huston, City Manager Lois Jeffrey, City Attorney EAE:br:pai.bad Director (714)573.3031 Planning & Zoning Info. (714) 573-3140 Building (714)573.3131 (714)573-3132 Housing (714)573.3117 Code Enforcement (714)573.3134 Business License (714)573-3144 Inspection Requests (714)573.3141 Graffiti Hot Line (714)573-3111 FAX Machine (714) 573-3113 I C C RECORDING REQUESTED BY AND WHEN RECORDED, MAIL TO: CITY OF TUSTIN 300 CENTENNIAL WAY TUSTIN, CA. 92680 Attn: Community Development Exempt from recording fees pursuant to Government Code section 6103 Space above this line for Recorder's use NOTICE OF SUBSTANDARD BUILDINGS Pursuant to section 1102 of the 1994 edition of the Uniform Housing Code, the following described buildings are certified as being substandard as defined by section 17920.3 of the California State Health and Safety Code. This notice is being recorded to give Public Notice of the. existence of such substandard 'conditions. The current owner, Mr. Vinay Pai, General Partner PAI=25 LTD. and PAI -16 LTD. was ordered by the Building official.(Notice and Order dated February 22, 1996) to correct substandard conditions at this project. Mr Pai filed•an appeal regarding the Notice and Order with the Building Board of Appeals for the City of Tustin. The appeal was heard by the'Board of Appeals on April 8, 1996. The Board .of Appeals supported the terms of the Notice and Order by adopting Board of Appeals resolution 96-1. The Building Official has issued a Final Notice' and Order (dated April 15, 1996) ordering the property owner to correct substandard conditions. The final Notice and Order (dated April 15, 1996) and Board of Appeals Resolution Number 96-1 are attached. (OWNER) Mr. Vinay Pai, General Partner Pai Investments LTD. Pai-25 LTD./Pai-16 LTD. . 3745 W. Chapman Avenue, #205 Orange, California 92668 (PROPERTY ADDRESS) 17271-17289 McFADDEN AVENUE (McFadden Village Apartments) Tustin, California (APN) 402-333-01 C. Elizabeth A. Binsack Director of Community Development CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State Of County of /1 On /-7— 9 c' before me,>2 po DATE NAME, TITLE OF OFFICER G.. -JANE DOE. NOTARY PUBLIC personally appeared 'Z '_� NAME(S) OF SIGNER(S) personally known to me OR - Elproved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their 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. vALER'EINWEMAN WITNESS my hand and official seal. < COMM.1969213 Z Z `-� Notary Pubic — Caifomia ORANGE COUNTY MY Comm. Expires AUG 26.1996 SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER 9INDIVIDUAL CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER:__ SIGNER IS REPRESENTING: IEOF PERSONISI O�-ENmY(IF�S l/ (l Vel ,t�) DESCRIPTION OF A TITLE OR TYPE OF NUMBER OF PAGES y-/-7-(F(�, DOCUMENT DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE N. 5907 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 BOARD OF APPEALS REPORT ATTACHMENT H G�'fY O a � tivc, f�2 Community Development Department OCTOBER 25, 1996 Mr. Vinay Pai General Partner PAI -25, LTD and PAI -16, LTD 3745 W. Chapman Avenue, #205 Orange, California 92668 City of Tustin SENT VIA CERTIFIED AND FIRST CLASS MAIL 300 Centennial Way Tustin, CA 92780 Director (714)573-3031 Planning & Zoning Info. (714)573-3140 SUBJECT: NOTICE OF NONCOMPLIANCE WITH ORDER TO CORRECT SUBSTANDARD HOUSING CONDITIONS AND NOTIFICATION TO FRANCHISE TAX BOARD PROPERTY INFORMATION: Assessor Parcel Number: 402-333-01 Lot and Block Numbers: Parcel 1: That portion of lots 39 and 40, in the City of Tustin, County of Orange, State of California, as per map recorded in book 4, pages 218 and 219 of miscellaneous maps, in the office of the county recorder of Los Angeles County, California. Parcel 2: That portion of Tustin City, as per map recorded in book 4, pages 218 and 219, of miscellaneous maps, in the office of the county recorder of Los Angeles County, California. Street Address: 172.71-17289 McFadden Avenue, Tustin, Calif. 92780 PROPERTY OWNER: Mr. Vinay Pai, SSN 462-06-9719, General Partner PAI -25, LTD and PAI -16, LTD Dear Mr. Pai, This letter will serve notice that all substandard housing conditions at the McFadden Village Apartments located at 17271-17289 McFadden Avenue, Tustin, California have not been corrected. The !lousing conditions at this property continue to be substandard. On April 17, 1996 you were sent correspondence from the City of Tustin which included a copy of the Final Notice and Order, the resolution of the Board of Appeals, a copy of the certificate of substandard of buildings and notification of intent to notify the Franchise Tax Board of non-compliance with orders tt correct substandard housing conditions (attached). Building (714) 573-3131 (714)573.3132 Housing (714) 573.3117 Code Enforcement (714)573-3134 Business License (714)573-3144 Inspection Requests (714) 573.3141 Graffiti Hot Line (714) 573.3111 FAX Machine (714)573-3113 C C Pursuant to Health and Safety Code section 17980 and in accordance with sections 17274 and 24436.5 of the Revenue and Taxation Code, the City will file a notice of non-compliance with the Franchise Tax Board. Property owners who do not correct substandard housing conditions at a property they derive rental income from, within 6 months of notification to correct, will lose their ability to obtain deductions for interest, taxes, depreciation, or amortization paid or incurred in the taxable year with respect to the substandard housing. You were notified by final notice and order to correct substandard conditions on April 17, 1996. October 17, 1996 marked the end of the six months allowed by state law for correcting substandard conditions. Notification to the Franchise Tax Board will occur immediately following the 10 day appeal period. APPEAL PROCEDURE You may appeal this intended notification of the Franchise Tam Board by filing an appeal with the City of Tustin Community Development Department within 10 days from the date of this letter. An appeal form is provided with this notice. Any appeal related to this notice shall be fled at the following location: City of Tustin Community Development Department 300 Centennial Way Tustin, Calif. 92780 The fee for filing an appeal is $150 and payable to the City of Tustin at the time any appeal is filed. Any appeal with regards to this matter will be heard by the Building Board of Appeals for the City. Please contact me if you have any questions at 573-3130. Sincerely,^ Rick Brown, Building Official cc: William Huston, City Manager Elizabeth Bins ack, Community Development Director Lois Jeffrey, City Attorney Joe Forbath, Deputy City Attomey attachments BOARD OF APPEALS REPORT ATTACHMENT I BOARD 01' AI'PEALS APPLICATION G TY O� CITY OF TUSTIN GS �� CONWU Y DEVELOPMENT DEPARTMENT PROJECT INFORIIS�.T-It Address !M Legal Description Assessoes Parcel 1` Type of CoastrucG Omtpnncy Classi8 BOARD OF APPEALS HEARING APPLICATION APPENDIX 5. BB 61. APPLICANT INFORMATION: Applicant Name Address - Phone Number `— Board of Appeals Nlernhers, - �iLfN- q37-osr-s In accordance with the provisions of Uniform Adatiniarauve Code Section 204(a), I hereby raluest a hearing before the City of Tustin Board of Appeals. I wish to comest the deasion or intapruation of the Building Official regarding the following: j- ( -I,�, �� �) �( � d she �l U C9Q �C f )1C Lf�_Ill P tT Ord �' %/JNOdJ L e 1 am aware that the Board of peals shall have no authority relative to intcrpretauon of the administrative provisions of the code nor shall the bawatd to i -ve rcquirrments of the technical codes. _ rr A.p^ t S.—Date Hearing Fee Hearing Date P�L�'W coo cc: Building Oficial l/ Community Development Director CDD Praccdanl Manual - November 1994 Appendix 5 - Building Division C,ity of Tustin 300 Centennial Way Tusdn Califon-tia 92680 (714).'573-30W 0 F GgGu» ceipt NIP" 220Cjoj'jFj'7j 29 0147 e >R P, ------------------ ------------ BOARD OF APPEALS REPORT ATTACHMENT J U.S. Department of Justice United States Trustee Central District of California Civic Center Plaza Tmrmrs Phone 714 2468184 600 W. Santa Arm Blvd FAX 714 246-8193 Suite 501 Santa Ana. Cn4fonda 92701 November 12, 1996 CITY OF TUSTIN Building Code Enforcement 300 Centennial Way Tustin, CA 92680 Re: PAI -25, LTD.; CASE NO. SA 96 -23240 -JB Sir/Madam: The Chapter 11 bankruptcy petition filed by the above named debtor identifies you as one of the bankruptcy estate's twenty largest unsecured creditors, making you eligible for appointment by the United States Trustee to serve on a creditors' committee. This committee serves several functions which are outlined in the enclosed booklet, Creditors Guide to Chapter 11. If you would like to nominate yourself or your representative to be considered for appointment to the Creditors' Committee, please complete the enclosed Creditors' Committee Solicitation Form and return it to our office within ten days. The United States Trustee will notify you if you,are selected. If you have any questions please contact: JESSEE J. 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BOARD OF APPEALS REPORT ATTACHMENT K �US'C�Z Community Development Department NOVEMBER 22, 1996 Mr. Vinay Pai General Partner PAI -25, LTD and PAI -16, LTD 3745 W. Chapman Avenue, #205 Orange, California 92668 City of Tustin SENT VIA CERTIFIED AND FIRST CLASS MAIL SUBJECT: NOTICE OF APPEAL HEARING PROPERTY INFORMATION: Assessor Parcel Number: 402-333-01 Street Address: 17271-17289 McFadden Avenue, Tustin, Calif. 92780 Dear Mr. Pai, 300 Centennial Way Tustin, CA 92780 I have received your application for an appeal hearing. You are appealing the City's pending notification to the Franchise Tax Board of continuing substandard conditions at McFadden Village Apartments. You are hereby notified that a hearing before the Board of Appeals has been scheduled. DATE: DECEMBER 9, 1996 TIME: 6:30 P.M. LOCATION: CITY COUNCIL CHAMBERS 300 CENTENNIAL WAY TUSTIN, CALIF. 92780 Since -k, Rick Brown, CBO Building Official cc: William Huston, City Manager Elizabeth Binsack, Community Development Director Lois Jeffrey, City Attorney Joe Forbath, Deputy City Attorney Director (714) 573-3031 Planning & Zoning Info. (714) 573-3140 Building (714) 573-3131 (714)573-3132 Housing (714)573-3117 Code Enforcement (714) 573-3134 Business License (714) 573-3144 Inspection Requests (714) 573-3141 Graffiti Hot Line (714)573-3111 FAX Machine (714)573-3113