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HomeMy WebLinkAboutBuilding Board of Appeals 4-8-96, 4-22-96A G E N D A CITY OF TUSTIN BOARD OF APPEALS REGULAR MEETING APRIL 22, 1996 CALL TO ORDER: 7:00 p.m., City Council Chambers ROLL CALL: Bone, Kasalek, Lunn, Mitzman and Vandaveer IF YOU REQUIRE SPECIAL ACCOMMODATIONS, PLEASE CONTACT THE BUILDING OFFICIAL AT (714) 573- 3130. PUBLIC CONCERNS: (Limited to 3 minutes per person for items not on the agenda.) At this time members of the public may address the Commission regarding any items not on the agenda and within the subject matter jurisdiction of the Commission (NO action can be taken off -agenda items unless authorized by law). IF YOU WISH TO ADDRESS THE COMMISSION ON ANY MATTER, PLEASE FILL OUT ONE OF THE CARDS LOCATED ON THE SPEAKER'S TABLE SO THAT YOUR REMARKS ON THE TAPE RECORDING OF THE MEETING CAN BE ATTRIBUTED TO YOU. WHEN YOU START TO ADDRESS THE COMMISSION, PLEASE STATE YOUR FULL NAME AND ADDRESS FOR THE RECORD. / IF YOU REQUIRE SPECIAL ACCOMMODATIONS, PLEASE (\J_ CONTACT THE PLANNING COMMISSION RECORDING SECRETARY AT (714) 573-3105. CONSENT CALENDAR: (ALL MATTERS LISTED UNDER CONSENT CALENDAR ARE CONSIDERED ROUTINE AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS PRIOR TO THE TIME OF THE VOTING ON THE MOTION UNLESS MEMBERS OF THE COMMISSION, STAFF OR PUBLIC REQUEST SPECIFIC ITEMS TO BE DISCUSSED AND/OR REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ACTION.) 1. Minutes of the April 8, 1996 Board of Appeals Meeting. PUBLIC HEARINGS NONE ADJOURNMENT: The next meeting of the Board of Appeals will be set as items are scheduled for appeal. M I N U T E S CITY OF TUSTIN BOARD OF APPEALS REGULAR MEETING APRIL 8, 1996 CALL TO ORDER: 6:07 p.m., City Council Chambers ROLL CALL: Board of Anneals Present: Board Member Marjorie Rasalek, Chairwoman Board Member Lou Bone, Vice Chairman Board Member Nanette Lunn Board Member David Vandaveer Absent: Board Member Howard Mitzman Staff Present: Elizabeth Binsack, Community Development Director Mark Galvan, Code Enforcement Officer Dave Gottlieb, Redevelopment Program Manager Lois Jeffrey, City Attorney Soroush Rahbari, Acting Building Official Barbara Reyes, Recording Secretary George Wiesinger, Code Enforcement Officer Other Agencies Present: Mike Goldsberry, Orange County Environmental Health Specialist David Montgomery, Orange County Fire Safety Specialist 1. McFadden Villa e A artments 1- c a en venue) 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. Board of Appeals Minutes % April 8, 1996 Page 2 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. An oral report, video and photographic board presentation was given by Elizabeth Binsack, Community Development Director. Vinay Pai, The Appellant, stated that he was not personally the owner of this property but that it was owned by two limited partnerships of which he is the general partner. Concerning the interior violations, he stated there were 147 total interior violations in Schedule A out of which 117 were signed off already so he feels they made a conscientious effort even though the City deadline is June 1 1996. Out of the 147 violations, 16 heaters were reported as not working. After inspection only four had to be j replaced. He stated that the inspector was not familiar with how (\ they worked and the other 12 heaters were actually working. He stated that he personally called the health department inspector and never got a return call from them. He stated that since he purchased the property in 1985 there has been roach infestation but that he has a roach exterminator service every month, servicing at least 10 units at a time. He claimed that this is beyond his control and by the same token could hold the government of the United States and the City liable for having roaches on planet earth. Concerning the eight violations of ventilation, he claimed the tenants disconnect the exhaust fans and he has no control over this. With respect to the 23 smoke detector violations he stated that in many cases the tenants disconnected the detectors and he does not know what to do, about the actions of his tenants. of the 21 violations of stains on the ceilings, these could have happened in the past 5 years. He believes that 52 out of the 147 violations were marginal and not a hazard to anyone's health. He said that in the past 10 years he has never had any insurance claims against the property nor complaints of substandard conditions. Even though he has until June 1, 1996 to correct the interior violations only 30 remain to date. Concerning the exterior violations, he stated that at his meeting with staff what he.said was not that he would take two years to complete the improvements but that he would like to do roofs one every 3 months with immediate hazards corrected immediately. He has already signed a contract with his roofer and four units have been completely re -roofed. The rest of the six buildings were not entirely re -roofed but had been worked on in the past two years and according to his roofer still have some life Board of Appeals Minutes April 8, 1996 Page 3 left in them. He would like to do this over the next one year. He stated that not a single roof leaked in the last rain and if it was as bad as the City claims they would have leaked. Concerning the stairs he stated that he and the City were aware of these violations since November 30, 1994, when City staff member Clifford Cox issued the first violation notice. At that time, what ever violations were cited due to safety were done immediately but that he has no funds to fix the entire complex. He applied to the Redevelopment Department program for money to correct these things and to improve the aesthetics of the property and was assured by the City that until the loan was funded he would not be cited for anything else. He claims that since November 30, 1994, until February 22, 1996, when the Notice and Order was issued, the City did not take any action which he claims proves his point, as long as he complied by fixing the life threatening things. He feels that the main problems are the roofs and if they are not now leaking he .would like to defer finishing them for one year. He stated that this work will cost $100,000 and this is why he is C requesting additional time. He presented photographs to the Board showing that all the debris has been removed from roofs and showing those roofs which he feels can last for another year or two. The Public Hearing opened at 6:50 p.m. Commissioner Kasalek asked if the roofer had inspected those roofs which were recommended could last another year to see if there was rot under them. Les Landers, owner of Roofing Concepts, 657 Beach Boulevard, Costa Mesa, stated he has worked on two buildings so far. He stated he was resheeting the one that collapsed and will have to redo the insulation. The other roofs look acceptable from the top, but the outer roof material would have to be removed to inspect what is underneath. Mr. Landers did not recommend that the outer material be removed until the buildings are ready to be re -roofed. Commissioner Lunn asked if he had done a visual inspection from inside the apartment. Les Landers stated he had not. Commissioner Vandaveer asked if the roofs had been flooded to see if there was water seeping through any of the cracks. Board of Appeals Minutes April 8, 1996 Page 4 Les Landers stated he had not seen the pictures and was not aware of any cracks. He had not flooded the roofs, he has relied on the rains as a gauge to leakage. Elizabeth Binsack, Director, clarified that the City has not filed any criminal or civil actions. The Notice and Order was meant to have the violations corrected. The City wastrying to achieve compliance with health and safety standards rather than taking punitive actions. Mr. Pai made a statement that a prior City staff inspector did not require the property to meet Code standards. Ms. Binsack stated that a staff member does not have the ability to waive the Code particularly as they related to health safety. Mr Pai has applied for monies from the City's Redevelopment Agency for Mr. Pai to receive funding and the maximum funds available are $31,000 and Mr. Gottlieb has offered Mr. Pai two different alternatives. Soroush Rahbari, Acting Building Official, presented his credentials and stated that these are the worst roof conditions he has encountered in his experience. He stated that he inspected all bf the roofs and looked for signs of leaks, cracks, brittle areas, . visquene plastic and water ponding. There were stained and buckled ceilings in every building. The roofs may have been covered with plastic to stop immediate leaking but have not been repaired according to code. His professional conclusion is that these roofs cannot go through another rainy season without potentially hazardous results, like the recent ceiling failure. Mike Goldsberry, Orange County Health Department, stated that there are still six units with roaches, nine units with leaking fixtures, and 10 with damage to walls and ceilings and with loose plaster. Commissioner Vandaveer, asked if the there was a general problem with smoke detectors becoming inoperable in all apartments or is there something that Mr. Pai can do make sure that the detectors remain operable. Dave Montgomery, Orange County Fire Authority, stated that Mr. Pai was not exactly accurate in his description of the condition of the detectors. Some of the detectors were not working due to the water damage and some were not working because tenants removed batteries. The Health and Safety Code requires the owner to be responsible for each unit or dwelling. On a monthly basis all smoke detectors should be tested and an accurate record log kept for Fire Authority review. The log should be available at annual fire inspections. C Board of Appeals Minutes April 8, 1996 Page 5 Commissioner Bone asked the date of the last yearly inspection on these units and if these units were required to have fire extinguishers. David Montaomerv, stated that according to the records the last date was May 1993. He stated that this inspection is not handled by Fire Prevention Bureau but by the suppression units which conduct inspection if time permits, but that after review of this property all fire extinguishers were in place and serviced. Vinay Pai stated that he would comply with water testing of the roofs and if there are leaks he will get them fixed right away. He further stated that this was a free market and he could not believe that anyone would continue to live where there was a leak. Further this is a recession time and landlords have to give all sorts of incentives to get tenants into apartments. If the roofs were leaking like as the City claims, every person in McFadden Village would have moved out. He stated the free market rather than the arbitrary decision of the City that the roofs need to be fixed should prevail. He stated that concerning his credentials, he is not just an owner but also holds a contractors license and knows roofs having personally. built over $70 million in property in Orange County during the 19801s. Having knowledge of roofs, if he thought that they were detrimental to anyone's health he would have been the first to fix them. He did not want the Board to have the wrong impression of his wealth since he stated like all builders in Orange County, he is now broke. Commissioner Lunn asked.if there was an occupant in the apartment at the time the roof collapsed. If so, this person was obviously living in an apartment with a problem roof. Mr. Pai stated there was an occupant in that apartment and all this seemed very suspicious to Mr. Pai since the City made the inspection the very same day and that the tenant wanted $10,000 even .after he was told there was insurance to cover any loss and that there was no one hurt. The tenant was told he would be moved to another apartment but seemed only interested in getting money from this event. Commissioner Kasalek asked if there had been any indication that there was a problem with the ceiling previous to the collapse. Mr.Pai stated that he personally had not seen the ceiling and could ( not say one way or another but that according to his resident manager the roof did not collapse only the drywall collapsed. Board of Appeals Minutes April 8, 1996 Page 6 Commissioner Vandaveer asked how often he inspected his properties. Mr.Pai stated, "once every three weeks." Commissioner Vandaveer inquired if the conditions of the property were acceptable to Mr. Pai. Mr. Pai stated that lately he has been inspecting the property every three weeks but that before this he had a property supervisor to do this work. The problem has built us just recently. In the 1980's, Mr. Pai stated that he maintained the property better because rents were higher and there was more money to do maintenance., The first violation was in 1994 and before that there were no violations. Commissioner Lunn- asked if Mr. Pai would concede that most of the things that have recently been done are basically things of routine maintenance. If routine maintenance had been done on an on-going basis during the time he owned the property, the structures would not have gotten to this state of disrepair. 'She stated there are ways to control the actions of tenants by instituting and enforcing rules and regulations. Mr. Pai stated that in hind sight what the'Commissioner said is probably right. However, he feels that the City has been overzealous in issuing violations. He cited for example, the roach infestation, he has a monthly service and if a particular tenant does not tell him he has roaches he cannot know that fact. He further stated that he believes that the landlord in California has no power to enforce rules. It takes five to six months to evict tenants and if the tenants knows how to obtain legal aid, they can stay rent free for 8-9 months. Commissioner Lunn stated she happens to be an apartment manager in his neighborhood, managing the Newpoint Apartments, and every apartment complex in the City has been affected by the recession but that the things that have not been done at his property should have been done just for human habitation. She went on to say there are ways to write rules and regulations that are part of a rental agreement. On those occasions where there have been evictions from her property, it has never taken nine months to accomplish. She believes this property has been neglected until the City and the residents complained and that the stairwells are definitely a safety hazard now. Board of Appeals Minutes April 8, 1996 Page 7 Commissioner Bone asked if it was illegal to place barbed wire on top of fences. The Director stated she is aware of the location Commissioner Bone is referring to and she is not sure that Mr. Pai installed the barbed wire. She will look into this issue. The Public Hearing closed at 7:10 p.m. Commissioner Lunn stated she was concerned about safety of the stairs, roof leaks, and the people who live in the apartments and Mr. Pails lack of funds to take care of these problems. She asked if Mr. Pai would be willing to vacate the apartments and make the repairs building by building until the all the problems were taken care of and bring the tenants back once the buildings were in a safe condition. The Public hearing opened at 7:11 p.m. QMr.Pai stated that for roof repair, the City has already given him until June 1, 1996 to make the repairs and if he vacates the apartments he will no longer be the owner because the property will be forfeited to the bank. The Public hearing closed at 7:11 p.m Commissioner Vandaveer stated that in looking at resolution 96-1 and hearing that Mr. Pai has indicated that he is not the property owner asked the City Attorney if that would change the wording of this Resolution. In part of Mr. Pails letter to the Commission of April 4, 1996, he indicated he had owned the property for the past 10 years. Lois Jeffrey, City Attorney, recommended that Resolution 96-1 be corrected to reflect the correct ownership of the property to the two investment companies which Mr. Pai indicated in his letter of April 4, 1996, to the Planning Commission. Commissioner Bone stated he had gone to the property and personally walked through the grounds and found the site deplorable. He further stated that if Mr. Pai had inspected the site, he must have had blinders on. Commissioner Bone stated he went a step further and visited other properties owned by Mr. Pai. at 722 Walnut, 1602 N. Ross and 421 E. 16th Street, all in Santa Ana. He stated the property at Walnut had balconies full of trash and the other two properties will be in this same state of disrepair if there is no Board of Appeals Minutes April 8, 1996 Page 8 maintenance attention given to them property is owned there are certain have rights and that the City has uphold the rights and ensure the supports staff's recommendation and very lenient so far and would like to until they are brought up to code. soon. He rights but a certain safety of feels that see Mr. Pai stated that when that tenants also responsibility to the citizens. He the City has been live in the units Commissioner Kasalek stated that it is the owner's responsibility to know the condition of the property and to maintain the property in a satisfactory manner. She stated that she understood from the reports submitted that Mr. Pai owns 900 units. If need be, he should sell one or more to make repairs on the rest to ensure that there are safe buildings for his renters. Commissioner Vandaveer moved, Lunn seconded to uphold the decisions of the Building Official contained in the Notice and Order dated February 22, 1996, requiring the repair and rehabilitation of buildings and grounds located at 17271-17289 McFadden Avenue, Tustin, California by adopting Resolution No. 96-1 revised to reflect the correct owner names. Motion carried 4-0. ADJOURNMENT: The Board of Appeals adjourned to the regular meeting of the Planning Commission at 7:25 p.m. The next meeting of the Board of Appeals will be set as items are scheduled for appeal. MARJORIE KASALEK Chairwoman BARBARA REYES Recording Secretary M I N U T E S CITY OF TUSTIN BOARD OF APPEALS REGULAR MEETING APRIL 8, 1996 CALL TO ORDER: 6:07 p.m., City Council Chambers ROLL CALL: Board of Appeals Present: Board Member Marjorie Rasalek, Chairwoman Board Member Lou Bone, Vice Chairman Board Member Nanette Lunn Board Member David Vandaveer Absent: Board Member Howard Mitzman Staff Present: Elizabeth Binsack, Community Development Director Mark Galvan, Code Enforcement Officer Dave Gottlieb, Redevelopment Program Manager Lois Jeffrey, City Attorney Soroush Rahbari, Acting Building Official Barbara Reyes, Recording Secretary George Wiesinger, Code Enforcement Officer Other Agencies Present: Mike Goldsberry, Orange County Environmental Health Specialist David Montgomery, Orange County Fire Safety Specialist PUBLIC HEARING 1. McFadden Villa e A artments 1 1- 289 McFadden n........ -i 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 ths correction of the violations. An oral report, video and photographic board presentation was given by Elizabeth Binsack, Community Development nirectcr. Vinav Pai, The Appellant, stated that he was not personally the owner of this property but that it was owned by two limited partnerships of which he is the general partner. Concerning the interior violations, he stated there were 147 total interior violations in Schedule A out of which 117 were signed off already so he feels they made a conscientious effort even though the City deadline is June 1 1996. Out of the 147 violations, 16 heaters were reported as not working. After inspection only four had to be replaced. He stated that the inspector was not familiar with how they worked and the other 12 heaters were actually working. He stated that he personally called the health department inspector and never got a return call from them. He stated that since he purchased the property in 1985 there has been roach infestation but Board of Appeals Minutes April 8, 1996 Page 2 that he has a roach exterminator service every month, servicing at least 10 units at a time. He claimed that this is beyond his control and by the same token could hold the government of the United States and the City liable for having roaches on planet earth. Concerning the eight violations of ventilation, he claimed the tenants disconnect the exhaust fans and he has no control over this. With respect to the 23 smoke detector violations he stated that in many cases the tenants disconnected the detectors and he does not know what to do about the actions of his tenants. Of the 21 violations of stains on the ceilings, these could have happened in the past 5 years. He believes that 52 out of the 147 violations were marginal and not a hazard to anyone's health. He said that in the past 10 years he has never had any insurance claims against the property nor complaints of substandard conditions. Even though he has until June 1, 1996, to correct the interior violations only 30 remain to date. Concerning the exterior violations, he stated that at his meeting with staff what he said was not that he would take two years to complete the improvements but that he would like to do roofs one every 3 months with immediate hazards corrected immediately. He has already signed a contract with his roofer and four units have been completely re -roofed. The rest of the six buildings were not entirely re -roofed but had been worked on in the past two years and according to his roofer still have some life left. He would like to do the remaining roofs over the next one year. He stated that not a single roof leaked in the last rain and if it was as bad as the City claims they would have leaked. Concerning the stairs he stated that he and the City were aware of these violations since November 30, 1994, when City staff member Clifford Cox issued the first violation notice. At that time, what ever violations were cited due to safety were done immediately but that he has no funds to fix the entire complex. He applied to the Redevelopment Department program for money to correct these things and to improve the aesthetics of the property and was assured by the City that until the loan was funded he would not be cited for anything else. He claims that since November 30, 1994, until February 22, 1996, when the Notice and Order was issued, the City did not take any action which he claims proves his point, as long as he complied by fixing the life threatening things. He feels that the main problems are the roofs and if they are not now leaking he would like to defer finishing them for one year. He stated that this work will cost $100,000 and this is why he is requesting additional time. He presented photographs to the Board showing that all the debris has been removed from roofs and showing those roofs which he feels can last for another year or two. The Public Hearing opened at 6:50 p.m. Commissioner Kasalek asked if the roofer had inspected those roofs which were recommended could last another year to see if there was rot under them. Les Landers, owner of Roofing Concepts, 657 Beach Boulevard, Costa Mesa, stated he has worked on two buildings so far. He stated he was resheeting the one that collapsed and will have to redo the insulation. The other roofs look acceptable from the top, but the outer roof material would have to be removed to inspect what is underneath. Mr. Landers did not recommend that the outer material be removed until the buildings are ready to be re -roofed. Commissioner Lunn asked if he had done a visual inspection from inside the apartment. Les Landers stated he had not. Board of Appeals Minutes April 8, 1996 Page 3 Commissioner Vandaveer asked if the roofs had been flooded to see if there was water seeping through any of the cracks. Les Landers stated he had not seen the pictures and was not aware of any cracks. He had not flooded the roofs, he has relied on the rains as a gauge to leakage. Elizabeth Binsack, Director, clarified that the City has not filed any criminal or civil actions. The Notice and Order was meant to have the violations corrected. The City was trying to achieve compliance with health and safety standards rather than taking punitive actions. Mr. Pai made a statement that a prior City staff inspector did not require the property to meet Code standards. Ms. Binsack stated that a staff member does not have the ability to waive the Code particularly as they related to health safety. Mr Pai has applied for monies from the City's Redevelopment Agency for Mr. Pai to receive funding and the maximum funds available are $31,000 and Mr. Gottlieb has offered Mr. Pai two different alternatives. Soroush Rahbari, Acting Building Official, presented his credentials and stated that these are the worst roof conditions he has encountered in his experience. He stated that he inspected all of the roofs and looked for signs of leaks, cracks, brittle areas, visquene plastic and water ponding. There were stained and buckled ceilings in every building. The roofs may have been covered with �-.. plastic to stop immediate leaking but have not been repaired according to code. His professional conclusion is that these roofs cannot go through another rainy season without potentially hazardous results, like the recent ceiling failure. Mike Goldsberry, orange County Health Department, stated that there are still six units with roaches, nine units with leaking fixtures, and 10 with damage to walls and ceilings and with loose plaster. Commissioner Vandaveer, asked if the there was a general problem with smoke detectors becoming inoperable in all apartments or is there something that Mr. Pai can do make sure that the detectors remain operable. Dave Montgomery, Orange County Fire Authority, stated that Mr. Pai was not exactly accurate in his description of the condition of the detectors. Some of the detectors were not working due to the water damage and some were not working because tenants removed batteries. The Health and Safety Code requires the owner to be responsible for maintenance of detectors in each unit or dwelling. On a monthly basis all smoke detectors should be tested and an accurate record log kept for Fire Authority review. The log should be available at annual fire inspections. Commissioner Bone asked the date of the last yearly inspection on r--� these units and if these units were required to have fire extinguishers. David Montgomery, stated that according to the records the last date was May 1993. He stated that this inspection is not handled by Fire Prevention Bureau but by the suppression units which conduct inspection if time permits, but that after review of this property all fire extinguishers were in place and serviced. Board of Appeals Minutes April 8, 1996 Page 4 Vinav Pai stated that he would comply with water testing of the roofs and if there are leaks he will get them fixed right away. He further stated that this was a free market and he could not believe that anyone would continue to live where there was a leak. Further this is a recession time and landlords have to give all sorts of incentives to get tenants into apartments. If the roofs were leaking like as the City claims, every person in McFadden Village would have moved out. He stated the free market rather than the arbitrary decision of the City that the roofs need to be fixed should prevail. He stated that concerning his credentials, he is not just an owner but also holds a contractors license and knows roofs having personally built over $70 million in property in Orange County during the 19801s. Having knowledge of roofs, if he thought that they were detrimental to anyone's health he would have been the first to fix them. He did not want the Board to have the wrong impression of his wealth since he stated like all builders in Orange County, he is now broke. Commissioner Lunn asked if there was an occupant in the apartment at the time the roof collapsed. If so, this person was obviously living in an apartment with a problem roof. Mr. Pai stated there was an occupant in that apartment and all this seemed very- suspicious to Mr. Pai since the City made the inspection the very same day and that the tenant wanted $10,000 even after he was told there was insurance to cover any loss and that there was no one hurt. The tenant was told he would be moved to another apartment but seemed only interested in getting money J from this event. Commissioner Kasalek asked if there had been any indication that there was a problem with the ceiling previous to the collapse. Mr.Pai stated that he personally had not seen the ceiling and could not say one way or another but that according to his resident manager the roof did not collapse only the drywall collapsed. Commissioner Vandaveer asked how often he inspected his properties. Mr.Pai stated, "once every three weeks." Commissioner Vandaveer inquired if the conditions of the property were acceptable to Mr. Pai. Mr. Pai stated that lately he has been inspecting the property every three weeks but that before this he had a property supervisor to do this work. The problem has built us just recently. In the 19801s, Mr. Pai stated that he maintained the property better because rents were higher and there was more money to do maintenance. The first violation was in 1994 and before that there were no violations. Commissioner Lunn- asked if Mr. Pai would concede that most of the J things that have recently been done are basically things of routine maintenance. If routine maintenance had been done on an on-going basis during the time he owned the property, the structures would not have gotten to this state of disrepair. She stated there are ways to control the actions of tenants by instituting and enforcing rules and regulations. Board of Appeals Minutes April 8, 1996 Page 5 Mr. Pai stated that in hind sight what the Commissioner said is probably right. However, he feels that the City has been overzealous in issuing violations. He cited for example, the roach infestation, he has a monthly service and if a particular tenant does not tell him he has roaches he cannot know that fact. He further stated that he believes that the landlord in California has no power to enforce rules. It takes five to six months to evict tenants and if the tenants knows how to obtain legal aid, they can stay rent free for 8-9 months. Commissioner Lunn stated she happens to be an apartment manager in his neighborhood, managing the Newpoint Apartments, and every apartment complex in the City has been affected by the recession but that the things that have not been done at his property should have been done just for human habitation. She went on to say there are ways to write rules and regulations that are part of a rental agreement. On those occasions where there have been evictions from her property, it has never taken nine months to accomplish. She believes this property has been neglected until the City and the residents complained and that the stairwells are definitely a safety hazard now. Commissioner Bone asked if it was illegal to place barbed wire on top of fences. The Director stated she is aware of the location Commissioner Bone is referring to and she is not sure that Mr. Pai installed the barbed wire. She will look into this issue. The Public Hearing closed at 7:10 p.m. Commissioner Lunn stated she was concerned about safety of the stairs, roof leaks, and the people who live in the apartments and Mr. Pails lack of funds to take care of these problems. She asked if Mr. Pai would be willing to vacate the apartments and make the repairs building by building until the all the problems were taken care of and bring the tenants back once the buildings were in a safe condition. The Public hearing opened at 7:11 p.m. Mr.Pai stated that for roof repair, the City has already given him until June 1, 1996 to make the repairs and if he vacates the apartments he will no longer be the owner because the property will be forfeited to the bank. The Public hearing closed at 7:11 p.m Commissioner Vandaveer stated that in looking at resolution 96-1 and nearing that Mr. Pai has indicated that he is not the property owner asked the City Attorney if that would change the wording of this Resolution. In part of Mr. Pails letter to the Commission of April 4, 1996, he indicated he had owned the property for the past 10 years. Lois Jeffrey, City Attorney, recommended that Resolution 96-1 be corrected to reflect the correct ownership of the property to the two investment companies which Mr. Pai indicated in his letter of April 4, 1996, to the Planning Commission. Board of Appeals Minutes April 8, 1996 Page 6 Commissioner Bone stated he had gone to the property and personally walked through the grounds and found the site deplorable. He further stated that if Mr. Pai had inspected the site, he must have had blinders on. Commissioner Bone stated he went a step further and visited other properties owned by Mr. Pai, at 722 Walnut, 1602 N. Ross and 421 E. 16th Street, all in Santa Ana. He stated that all of the properties had balconies full of trash and the properties will be in this same state of disrepair as the McFadden property if there is no maintenance attention given to them soon. He stated that when property is owned there are certain rights but that tenants also have rights and that the City has a certain responsibility to uphold the rights and ensure the safety of the citizens. He supports staff's recommendation and feels that the City has been very lenient so far and would like to see Mr. Pai live in the units until they are brought up to code. Commissioner Kasalek stated that it is the owner's responsibility to know the condition of the property and to maintain the property in a satisfactory manner. She stated that she understood from the reports submitted that Mr. Pai owns 900 units. If need be, he should sell one or more to make repairs on the rest to ensure that there are safe buildings for his renters. Commissioner Vandaveer moved, Lunn seconded to uphold the decisions of the Building Official contained in the Notice and Order dated February 22, 1996, requiring the repair and rehabilitation of buildings and grounds located at 17271-17289 McFadden Avenue, Tustin, California by adopting Resolution No. 96-1 revised to reflect the correct owner names. Motion carried 4-0. ADJOURNMENT: The Board of Appeals adjourned to the regular meeting of the Planning Commission at 7:25 p.m. The next meeting of the Board of Appeals will be set as items are scheduled for appeal. olac� ✓� BARBARA REyEYEM; Recording Secretary 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 RESOLUTION NO. 96-1 A RESOLUTION OF THE BOARD OF APPEALS OF THE CITY OF TUSTIN, UPHOLDING THE DECISIONS OF THE BUILDING OFFICIAL CONTAINED IN THE NOTICE AND ORDER DATED FEBRUARY 22, 1996, REQUIRING THE REPAIR AND REHABILITATION OF BUILDINGS AND GROUNDS LOCATED AT 17271-17289 McFADDEN AVENUE TUSTIN, CALIFORNIA The Board of Appeals of the City of Tustin does hereby resolve as follows: I. The Board of Appeals hereby finds and determines as follows: A. That during February, 1996, the Building Official inspected the buildings and grounds located at 17271-17289 McFadden Avenue. B. That on February 22, 1996 the Building Official issued a proper Notice and Order to the property owner via certified mail describing those conditions which violate City and/or State laws and established reasonable time periods for correction of those violations. C. That on March 20, 1996, an appeal was filed by the owner with the Building Official contesting the required actions contained in the Notice and Order dated February 22, 1996. D. That pursuant to such appeal, a public hearing before the Board of Appeals was duly noticed for 6:00 p.m. on April 8, 1996. E. That witnesses were properly sworn and oral and documentary evidence was duly presented to the Board of Appeals on April 8, 1996. 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. 96-1 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. 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. 96-1 Page 3 C. In the event of non-compliance with the Notice and Order by the property owner, the Board of Appeals has requested that the City Attorney pursue appropriate civil and/or criminal remedies to force compliance with this Notice and Order. PASSED AND ADOPTED at a special meeting of the Tustin Board of Appeals, held on the 8th day of April, 1996. Barbara Rey s Recording Secretary 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. 96-1 was duly passed and adopted at a special meeting of the Tustin Board of Appeals, held on the 8th day of April, 1996. BARBARA REY S Recording Secretary 0AWSV DATE: APRIL 8, 1996 Inter -Com TO: BOARD OF APPEALS FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT. BOARD OF APPEALS PROCEDURES RECOMMENDATION Receive and file. BACKGROUND AND DISCUSSION A Board of Appeals hearing has been scheduled for Monday, April 8, 1996, at 6:00 p.m. to consider an appeal of A Notice and Order issued by the Building Official regarding substandard housing conditions and violations of the City's property maintenance ordinance. The purpose of this report is to familiarize the Board with the appeal hearing process. Prior to the appeal hearing, an additional staff report will be provided which will address the specific issues and code sections involved in the appeal. The following provides a brief description of the composition and purpose of the Board, appealable items and scope of authority, and the hearing procedures. Composition and Purpose of the Board The members of the Planning Commission hold membership on the Board of Appeals concurrently with their terms of service as Planning Commissioners (Tustin City Ordinance #1160). The Building Official is the ex -officio member of the Board and acts as Secretary to the Board. The purpose of a Board of Appeals is to hear and decide appeals of orders, decisions or determinations made by the Building Official relative to the application and interpretations of the technical codes (i.e., the Uniform Building, Housing, Electrical codes, etc.) adopted by the City. The voting members of the Board of Appeals may not be employees of the City. Planning Commission Report Building Board of Appeals April 8, 1996 Page 2 Appealable Items and Scope of Authority In part, Section 204.1 of the Uniform Administrative Code states: ..to hear and decide appeals of orders, decisions or determinations made by the Building Official relative to the application and interpretation of the technical code, there shall be and is hereby created a Board of Appeals consisting of members who are qualified ... to pass upon matters pertaining to building construction and building service equipment..." Section 204.2 further states: "The Board of Appeals shall have no authority relative to interpretation of the administrative provision of this code or the administrative provision of the technical codes nor shall the Board be empowered to waive requirements of either this code or the technical codes." The full text is attached for the Board's use. The. above sections mean that the Board of Appeals can consider the use of materials or methods of construction which may be different from those specified in the Uniform Building Code (U.B.C.) and can render interpretations of the code. However, the Board should be aware that the codes are legal instruments governing the construction, use and maintenance of buildings and structures. The Codes contain certain provisions which are somewhat flexible and in which discretion is given or implied; therefore, in the absence of such discretion, the code must be followed to the letter. Granting relief from code requirements would constitute a variance or exception, neither of which is within the scope of authority of the Board of Appeals. As noted, the Board may superimpose its judgment over the Building Official's actions only in a limited number of ways. The following examples are situations where the Board would and would not have authority to overturn a decision. Example 1: The Building Official has exercised his/her discretion and has imposed a requirement that a permit applicant feels is unwarranted. In this situation, the applicant may ask for the matter to be referred to the Appeals Board for adjudication. Planning Commission Report Building Board of Appeals April 8, 1996 Page 3 Example 2: Section 1016.4.1, paragraph 3, states: "The Building Official may issue a permit for the construction of part of a building or structure• before the entire plan and specification for the whole building or structure has been submitted or approved..." If the Building Official refused to issue a permit under the provisions of this Section, this "discretionary" decision could be appealed to the Board. However, where there is no discretion, the question of appeal is very different -- See Example 3. Example 3: Section 505.1.1 of the U.B.C. states: "Where public ways or yards more than 20 feet in width extending along and adjoin two sides of the building, floor areas may be increased at a rate of 1'/a percent for each foot by which the minimum width exceeds 20 feet, but the increase shall not exceed 50 percent." An Appeals Board has no authority to modify this Section because it is a specific requirement of the code. Exceptions to the codes cannot be granted by the Board of Appeals. Hearml! Procedures The appeal hearing is conducted in a manner similar to a public hearing before the Planning Commission. The meeting is called to order by the Chairperson. The Chairperson states, "The Board of Appeals of the City of Tustin is now in session." The recording secretary then conducts roll call by calling each Board of Appeals member by name. Roll call is followed by the announcement of all members present or the acknowledgment of the member(s) absent. Following roll call, the Chairperson instructs the Building Official or Community Development Director to provide a report. The Building Official or Community Development Director will then present information to the Board regarding the action of the Building Official which is the subject of the appeal. The Building Official may provide the Board with copies of relevant code sections or other technical data. The Building Official, Community Development Director, or other staff person will then respond to any questions from the Board. The appellant will be introduced to the Board and may present testimony. The Board may then ask the appellant questions. Planning Commission Report Building Board of Appeals April 8, 1996 Page 4 The Chairperson shall ask if there are any persons in the audience who wish to speak regarding the appeal. When the evidence has been presented and testimony taken, the chairperson should close the hearing and the matter should be given to the Board for discussion and resolution. If necessary, the Chairperson may reopen the hearing, with the concurrence of the Board. In its deliberations, the Board should make "findings" which are based on the evidence presented and the sworn testimony given, that support approval or denial of the appeal. The results of the Board's decisions and findings shall be rendered in writing to the Building Official with a duplicate copy provided to the appellant. Rick Brown Building Official F Elizabeth A. Binsack Community Development Director Attachment: Uniform Administrative Code Section 204 aa:kbc:br\bdafaplmis ATTACHMENT A UNIFORM ADMINISTRATIVE CODE SECTION 204 AS AMENDED BY CITY ORDINANCE NO. 1160 SECTION 204 - BOARD OF APPEALS 204.1 -General. In order to hear and decide appeals of orders, decisions or determinations made by the Building Official relative to the application and interpretations of the technical code, there shall be and is hereby created a Board of Appeals consisting of members who are qualified by experience and training to pass upon matters pertaining to building construction and building service equipment and who are not employees of the jurisdiction. The Building Official shall be an ex officio member and -shall act as secretary to said Board but shall have no vote upon any matter before the Board. The Board of Appeals shall be appointed by the governing body and shall hold office at its pleasure. The Board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a .duplicate copy to the Building Official. "The Board of Appeals for the City of Tustin shall consist of five members, comprised of members of the Planning Commission. Said members shall hold their respective membership on said Board of Appeals by reason of, and concurrently with their terms of service as Planning Commissioners and shall cease to be such members upon their ceasing to be such Commissioners. The Building Official shall be the secretary of the Board. The Board may adopt reasonable rules and regulations for conducting its investigations and shall render all its decisions and findings on contested matters, in writing, to the Building Official with a duplicate copy thereof to any appellant or contestant affected by any such decision or findings, and may recommend to the City Council such new legislation, if any, as is consistent therewith. Three members of the Board shall constitute a quorum. The Chairperson of the Planning Commission shall be the presiding officer of the Board and in the Chairperson's absence the Vice Chairperson of the Commission shall serve as the presiding officer. Notices of meetings of the Board shall be given by at least three days notice delivered to each member personally or by registered mail; provided, however, that any meeting of the Board shall be legal for any purpose if the written consent of all of the members of the Board to such meeting is executed and filed in the records of the Board. The Board shall hold meetings at its pleasure. The Board shall have the right, subject to such limits as the Building Official may prescribe to employ at the cost and expense of the City, such qualified individuals as the Board, in its discretion may deem reasonably necessary in order to assist it in its investigations and in making its findings and decisions." Attachment A l� Uniform Administrative Code Section 204 as Amended by City Ordinance No. 1160 Page 2 204.2 Limitations of Authority. The Board of Appeals shall have no authority relativd to interpretation of the administrative provision of this code or the administrative provision of the technical codes nor shall the Board be empowered to waive requirements of either this code or the technical codes. O� C� DATE:APRIL 8, 1996 Inter -Com �,\S TO: BOARD OF APPEALS FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: (17271-17289LAPARTMENTS MCFADD NAVENUE) 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 - FebruarV 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 McFadden Village April 8, 1996 Page 2 Report Apartments 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. Pai's 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. Pai's 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. 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 42 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. 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. P%11( 7� 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 Conditions (Available at the Meeting) cc: Lois Jeffrey, City Attorney Soroush Rahbari, Senior Inspector/Plan Checker PRB:br:appeals.bd Site and BOARD OF APPEALS REPORT ATTACHMENT "A" G�Tv o 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 Business License Assessor's Parcel Number: 402-333-01 (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. (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.. (a) 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. C ( 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 approve3 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, C. 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, 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 f 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 taken 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 County 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. C ( 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 materialsconforming 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 cal'lino (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 C_ 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, 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 ATTACHMENT 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 landscaping plan for review by the Community ' Development Department illustrating how the I 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) place all missing apartment lettering where required.UFC 10.301(a) Repair dry wall in laundry room across from building at 17273. UFC 10.603 [i 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(8) 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) 17920.3(a)(6) Driveways, walkways: cracked, raised, uneven. TCC 5502(m)(4) HSC 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(a)(13) No heat. HSC 17920.3(a)(6) Roaches. HSC 17920.3(a)(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(a)(12) Unit G: Shower pan cracked. HSC 17920.3(e) Infestation of roaches. HSC 17920.3(a)(12) *Fadden Village Apartments -bruary 22, 1996 Page 3 Unit H: Bathroom ceiling, walls and terior 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(8) 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(x)(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 K: 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 terior 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(8) 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(a)(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(8) Roof: .water damage, broken sheathing and rafters. HSC 17920.3(g) Drs/windows/screens: missing window screens. HSC 17920.3(a)(13) 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. 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(g) Fadden village Apartments rebruary 22, 1996 Page 5 Roof: water damage, leaks, blistering. HSC 17920.3(8) Deck/Patio: stringers, railing, and treads broken. HSC 17920.3(g) Drs/windows/screens: missing some window screens. HSC 17920.3(a)(13) Stairs/landings: all stairs rotted, termite damaged and broken. HSC 17920.3(g) 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 and 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 A: Unit has extension cord extended across sidewalk; HSC 17920.3(d) No heat. HSC 17920.3(a)(12) Unit B: Kitchen sink leaks. HSC 17920.3(a)(13) Inadequate bathroom ventilation. HSC 17920.3(a)(7) No heat. HSC 17920.3(a)(6) Infestation of roaches. HSC 17920.3(a)(12) Unit C: Ceiling water stained. HSC 17920.3(a)(13) Smoke detector missing or inoperable. UFC 10.504(a) Unit D: Plumbing wall at corridor damaged. HSC 17920.3(a)(13) Hole in hallway wall. HSC 17920.3(a)(13) Unit E: Roof leaks and deteriorated ceiling at bedroom and hallway. HSC 17920.3(a)(13) Dampness of inhabitable room. HSC 17920.3(a)(11) Smoke detector missing or inoperable. UFC 10.504(a) Unit F: Under sink damaged from lavatory leak. HSC 17920.3(a)(13) No heat. HSC 17920.3(a)(6) Unit G: Lavatory faucet leaks. HSC 17920.3(x)(13) Ceiling mildew in bath. HSC 17920.3(x)(13) Inadequate ventilation. HSC 17920.3(a)(7) No heat. HSC 17920.3.(a)(6) Smoke detector missing or inoperable-. UFC 10.504(a) McFadden Village Apartments February 22, 1996 Page 6 ADDRESS: 17279 MCFADDEN AVENUE Exterior Substandard Conditions: Exterior surface: stucco damage with mold Roof: water standing, damaged, leaks. Deck/Patio: surface damage. Drs/windows/Screens: door screen missing on some units. Stairs, Landings: broken and termite damaged Wall, Fences: water damage, termite damage. Driveways, walkways: broken, raised, uneven. Landscaping: not maintained. Irrigation: broken heads, leaks. Rain Gutter/Roof Drain: blocked, missing drain cover, broken downspout. Electric Panel: broken cover door, not secured Water Heater: wall damage inside enclosure Interior Substandard Conditions: Code Violation HSC 17920.3(8) HSC 17920.3(8) HSC 17920.3(8) HSC 17920.3(a)(13) HSC 17920.3(g) TCC 5502(m)(3) TCC 5502 (m) (4) TCC 5502 (m) (1) TCC 5502 (m) (2) ASC 17920.3(g) HSC 17920.3(a)(13) HSC 17920.3(e) Code Violation Unit B: Kitchen sink leaks. HSC 17920.3(e) Ceiling in living room damaged. HSC 17920.3(x)(13) Inadequate ventilation. HSC 17920.3ia)(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(a)(13) Unit G: Bathroom ceiling has a hole. HSC 17920.3(x)(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(a)(12) Cs 7adden Village Apartments r. nruary 22, 1996 Page 7 No heat. HSC 17920.3(a)(6) Deteriorated ceiling in bathroom. HSC 17920.3(a)(13) Hazardous electrical light in bathroom. HSC 17920.3(d) .Smoke detector missing or inoperable. UFC 10.504(a) Unit J: Ceiling leak damaged and bowed. HSC 17920.3(a)(13) Infestation of roaches. HSC 17920.3(a)(12) Smoke detector missing or inoperable. UFC 10.504(a) Unit K: No heat. HSC 17920.3(a)(6) Infestation of roaches. HSC 17920.3(a)(12). Smoke detector mission or inadequate. UFC 10.504(a) Unit L: Ceiling stained at living room, bedroom and hallway. HSC 17920.3(a)(13) Smoke detector missing or inoperable. UFC 10.504(a) 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. Code Violation HSC 17920.3(8) HSC 17920.3(8) HSC 17920.3(g) HSC 17920.3(g) Exterior Fixtures: security light, wiring exposed.HSC 17920.3(d) Wall, Fences: broken fence. TCC 5502(m)(3) 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) (4) HSC.17920.3(g) 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(a)(13) UFC 10.504(a) McFadden Village Apartments February 22, 1996 Page 8 Unit F: Electrical fixtures detached with 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(x)(12) HSC 17920.3(x)(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(a)(13) UFC 10.504(a) HSC 17920.3(e) HSC 17920.3(e) HSC 17920.3(e) - HSC 17920.3(x)(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 MCFADDEN AVENUE Exterior Substandard Conditions: Code Violation Exterior surface: moisture damage. HSC 17920.3(8) Roof: water damage, leaks, standing water. HSC 17920.3(g) wiring exposed. Infestation of roaches. 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(x)(12) HSC 17920.3(x)(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(a)(13) UFC 10.504(a) HSC 17920.3(e) HSC 17920.3(e) HSC 17920.3(e) - HSC 17920.3(x)(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 MCFADDEN AVENUE Exterior Substandard Conditions: Code Violation Exterior surface: moisture damage. HSC 17920.3(8) Roof: water damage, leaks, standing water. HSC 17920.3(g) C 7adden Village Apartments bebruary 22, 1996 Page 9 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,.0 and D. Exterior Fixtures: illegal wiring of light fixture HSC 17920.3(8) HSC 17920.3(a)(13) HSC 17920.3(8) 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 ASC 17920.3(a)(13) ADDRESS: 17287 MCFADDEN AVENUE .terior 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: Unit A: Broken window in living room. Unit C: Crack in wall and ceiling of bathroom Unit D: No heat. Unit E:. Faucet leaks at kitchen sink and underside leak, toilet does not flush Heater not accessible. Unit F: Ceiling damage and bowed. Infestation of cockroaches. Smoke detector missing or inoperable. Unit G: Smoke detector missing or inoperable. Unit H: Kitchen sink leaks underside. Code Violation HSC 17920.3(8) HSC 17920.3(g) HSC 17920.3(8) HSC 17920.3(8) TCC 5502 (m) (3) HSC 17920.3(8) Code Violation HSC 17920.3(a)(13) HSC 17920.3(a)(13) HSC 17920.3(a)(6) HSC 17920.3(e) HSC 17920.3(a)(6) HSC 17920.3(x)(13) HSC 17920.3(a)(12) UFC 10.504(a) UFC 10.504(a) HSC 17920.3(e) McFadden Village Apartments February 22, 1996 Page 10 ADDRESS: 17289 MCFADDEN AVENUE Exterior Substandard Conditions: Code Violation - Exterior surface: stucco damage. HSC 17920.3(8) 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(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 sidewalk. TCC 5502(m)(2) Rain Inadequate bathroom vents. HSC 17920.3(a)(7) Interior Substandard Conditions: No heat. HSC 17920.3(a)(6) Smoke detector missing Infestation of roaches. HSC 17920.3(a)(12) Unit I: Ceiling in hallway stained from leak HSC 17920.3(e) Ceiling water stained, from floor above. HSC 17920.3(a)(13) bowed at bathroom. 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(8) 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(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 sidewalk. TCC 5502(m)(2) Rain Gutter: broken and missing downspout. HSC 17920.3(8) 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 ._nruary 22, 1996 Page 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(x)(13) HSC 17930.3(x)(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) ATTACHMENT 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 fite'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 protectionwhenever 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. t 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 c m SENDER: a •Cornplels hems 1 andror 2 for additional services. I also wish to receive the m •Cornplele harts 3, 4a, and 4b. following services (for an m •Pdrd your name and address on the reverse of this form so that we can return this extra fee): card to you. Attach this form to the from of the mailpie®, or on the back if space does not t, ❑ Addressee's Address m Permit. it a • Write 'Return Receipt Requested' on the malpiece below the article number. 2 ❑ Restricted Delivery rm •The Return Receipt will show to whom the article was delivered and the date ii delivered. - Consult postmaster for fee.+. m 3. Article Addressed to: 4a. Article Number a PAI INVESTMENTS, INC. P 476 994 489 E 3745 W. CHAPMAN AVE., STE 205 4b. Service Type a ORANGE, CA 92668 ❑ Registered [A Certified W ❑ Express Mail ❑ Insured S m cl ❑ Return Receipt for Merchandise ❑ COD ° i 7. at f el' 0 T 5. Received By. (Print Name) 8. Addressee's Address (Only ffrequested (r4i<r�?Ai and fee is paid) m g 6. Signature: (Addressee or ant o m PS Form 3811, December 1994 Domestic Retum Receipt P -r�Ii1C^w.evti�.).n�"�._ P 476 994 489 us Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail See reverse PWTINVESTMENTS- INC. % "YTlr . CHAPMAN AVE.,STE20 6y5MftS'aleC& "�Le668 Poste $ Certified Fee Special Delivery Fee Restricted Delivery Fee N &Wm Recaps Showing to Whom h Date Delivered .6 ReUsn Re: Sha4'iS IOYlhom, < Date, 6 Addressees Address O TOTAL Postage S Fees $ co M Pwt ark or Date E `o LL Ul o. BOARD OF APPEALS REPORT ATTACHMENT "B" l S CITY OF TUSTIN COMMUNITY DEVELOPMENT DEPARTMENT BOARD OF APPEALS HEARING APPLICATION PROJECT INFORMATION.- Address NFORMATION:Addres Legal Desaipuon. Assessor's Parcel Number r - - ., Type of Construction occupancy Classification . APPLICANT INFORMATION: Applicant 11V,, � - i,_ I /' /•���n Applicant Name 1 J— + l/ Address ?�l,S It � r PhoneNurnbcr 11 Board of Appeals Members. .. . In accordance with the provisions of Uniform Administrative Codc.Section 204(a). I hereby request a hearing before the City of Tustin Board of Appeals. I wish to contest the decision or interpretation of the Building Oficial regarding the following. . , I t _ _ I - ._ - _ .,I -JC, , r �TLf i am aware that the Board of Appeals shall have no authority relative to interpretation of the administrative provisions of the code nor shall the board empowered to waive requirements of the technical codes. Applicam Signaaturt - ate . Hearing Fec -�> 156 , G a - Hearing Date x. Building Official Community Development Director I Y City of M.istin 300 Centennial Way Tustin, California 92680 (714) 573-3000 CITY OF TUSTIN 02177f WM MAR 205 19',65 10:38 AM ReG 4 LLalidation REceipt MARGES- 0i030000004795 014795 SUNDRY REVENUE 1.5a Af PAYMENT - Cash F i r 150, 1j Chance :=+xxT+# #fi,IU BOARD OF APPEALS REPORT ATTACHMENT "C" Community Development Department City of Tustin March 25, 1996 300 Centennial Way Tustin, CA 92680 Pai Investments, Inc. Director 3745 W. Chapman Avenue, Suite 205 (714)573-3031 Orange, California 92668 Planning & Zoning Into. SUBJECT: NOTICE OF BOARD OF APPEALS HEARING (714)573.3140 Building Dear Mr. Pai : (714) 573-3131 (714)573-3132 Pursuant to Section 204 of the Uniform Administrative Housing Code, Notice is hereby given that the Board of Appeals (714)573.3117 for the City of Tustin will hear your appeal on Monday, April 8, 1996 at 6:00 p.m. code Enforcement (714)573.31x4 The appellant is contesting the Notice and Order of the Business License Building Official dated February 22, 1996, regarding (714)573-3144 17271-17289 McFadden Avenue, Tustin. Inspection Requests (714)573-3141 The appeal hearing will be held in the Tustin City Council Chambers, 300 Centennial Way, Tustin. Graffiti Hot Line (714) 573-3111 If you have any questions, please call me at (714) 573- FAX Machine 313 0 . (714) 573-3113 Sincerely, `( �c �:,-,X 1 Rick Brown Building Official R3:br:paiapp1.1cr cc: Elizabeth Binsack, Community Development Director Lois Jeffrey, City Attorney CERTIFIED MAIL #PO10 680 431 CITY OF TUSTIN OFFICIAL NOTICE BOARD OF APPEALS OFFICIAL NOTICE OF APPEAL HEARING Notice is hereby given that the Board of Appeals for. the City of Tustin, California, will conduct an appeal hearing on April 8, 1996, at 6:00 p.m. in the City Council Chambers, 300 Centennial Way, Tustin, California to consider the following: If you challenge the subject item in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Tustin at, or prior to, the public hearing. If you require special accommodations,* please contact the Building Official at (714) 573-3130. Information relative to this item is on file in the Community Development Department and is available for public inspection at City Hall. Anyone interested in the information above may call the Community Development Department at (714) 573-3130. Pamela Stoker, City Clerk Publish: Tustin Weekly March 29, 1996 /� If you require special accommodations, please contact Tustin City Hall, 300 Centennial Way, Tustin 92680, (714) 573-3000. BOARD OF APPEALS REPORT ATTACHMENT "D" J. - 201-202.5 1994 UNIFORM ADMINISTRATIVE CODE Chapter 2 ORGANIZATION AND ENFORCEMENT SECTION 201 — AUTHORITY 201.1 Creation of Enforcement Agency. There is hereby established in this jurisdiction a code enforcement agency which shall be under the administrative and operational control of thebuilding official. 201.2 General. Whenever the term or title "administrative authority," "responsible official," "building official," "chief inspector," "code enforcement officer," or other similar designation is used herein or in any of the technical codes, it shall be construed to mean the building official desig- nated by the appointing authority of this jurisdiction. . SECTION 202 — POWERS AND DUTIES OF BUILDING OFFICIAL 202.1 General. The building official is hereby authorized and directed to enforce all the provi- sions of this code and the referenced technical codes. For such purposes, the building official shall have the powers of a law enforcement officer. The building official shall have the power to render interpretations of this code and the referenced technical codes, and to adopt and enforce rules and regulations supplemental to this code as may be deemed necessary in order to clarify the application of the provisions of this code. Such interpreta- tions, rules and regulations shall be in conformity with the intent and purpose of this code. 202.2 Deputies. In accordance with prescribed procedures and with the approval of the appoint- ing authority, the building official may appoint such number of technical officers and inspectors and other employees as shall be authorized from time to time. The building official may deputize such inspectors or employees as may be necessary to catty out the functions of the code enforcement agency. 202.3 Right of Entry. When necessary to make an inspection to enforce any of the provisions of this code and the technical codes, or when the building official has reasonable cause to believe that there exists in any building or upon a premises a condition which is contrary to or in violation of this code which makes the building or premises unsafe, dangerous or hazardous, the building official may enter the building or premises at all reasonable times to inspect or to perform the duties im- posed by this code, provided that if such building or premises be occupied, that credentials be pres- ented to the occupant and entry requested. If such building or premises be unoccupied, the building official shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. Should entry be refused, the building official shall have recourse to the remedies provided by law to secure entry. 202.4 Stop Orders. When work is being done contrary to the provisions of this code, the technical codes, or other pertinent laws or ordinances implemented through the enforcement of this code. the building official may order the work stopped by notice in writing served on persons engaged in the doing or causing such work to be done, and such persons shall forthwith stop the work until autho- rized by the building official to proceed with the work. 2025 Occupancy Violations. When a building or structure or building service equipment therein regulated by this code and the technical codes is being used contrary to the provisions of such codes, the building official may order such use discontinued by written notice served on any person caus- ing such use to be continued. Such person shall discontinue the use within the time prescribed by the building official after receipt of such notice to make the structure, or portion thereof, comply with the requirements of such codes. 1994 UNIFORM ADMINISTRATIVE CODE 202.6-203 202.6 Authority to Disconnect Utilities. The building official or the building official's autho- rized representative shall have the authority to disconnect a utility serviceorenergy supplied to the building, structure or building service equipment therein regulated by this code or the technical codes in case of emergency where necessary to eliminate an immediate hazard to life or property. The building official shall whenever possible notify the serving utility, the owner and occupant of the building, structure or building service equipment of the decision to disconnect prior to taking such action, and shall notify such serving utility, owner and occupant of the building, structure or building service equipment, in writing, of such disconnection immediately thereafter. 202.7 Authority to Condemn Building Service Equipment. When the building official ascer- tains that building service equipment regulated in the technical codes has become hazardous to life, health or property, or has become insanitary, the building official shall order in writing that such equipment either be removed or restored to a safe or sanitary condition, as appropriate. The written notice itself shall fix a time limit for compliance with such order. Defective building service equip- ment shall not be maintained after receiving such notice. . When such equipment or installation is to be disconnected, a written notice of such disconnection and causes therefor shall be given within 24 hours to the serving utility, the owner and occupant of such building, structure or premises. When any building service equipment is maintained in violation of the technical codes and in violation of a notice issued pursuant to the provisions of this section, the building official shall insti- tute appropriate action to prevent, restrain, correct or abate the violation. 202.8 Connection after Order to Disconnect. Persons shall ndt make connections from an ener- gy, fuel or power supply nor supply energy or fuel to building service equipment which has been disconnected or ordered to be disconnected by the building official or the use of which has been ordered to be discontinued by the building official until the building official authorizes the recon- nection -and use of such equipment. 202.9Liability. The building official charged with the enforcement of this code and the technical codes, acting in good faith and without malice in the discharge of his duties, Shall not thereby be rendered personally liable for damage that may accrue to persons or property as a result of an act or omission in the discharge of the assigned duties. A suit brought against the building official orem- ployee because of such act or omission performed by the building official or employee in the en- forcement of the provisions of such codes or other pertinent laws or ordinances implemented through the enforcement of this code or enforced by the code enforcement agency shall be defended by this jurisdiction until fmal termination of such proceedings, and any judgment resulting there- from shall be assumed by this jurisdiction. This code shall not be construed to relieve from or lessen the responsibility of any person owning, operating or controlling a building, structure or building service equipment therein for damages to persons or property caused by defects, nor shall the code enforcement agency or its parent jurisdic- tion be held as assuming such liability by reason of the inspections authorized by this code or per- mits or certificates issued under this code. 202.L0 Cooperation of Other Officials and Officers. The building official may request, and shall receive, the assistance and cooperation of other officials of this jurisdiction so far as is required in the discharge of the duties required by this code or other pertinent laws or ordinances. SECTION 203— UNSAFE BUILDINGS, STRUCTURES OR BUILDING SERVICE EQUIPMENT Buildings or structures regulated by this code and the technical codes which are structurally inade- quate or have inadequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life are, for the purpose of this section, unsafe buildings. 203-205 1994 UNIFORM ADMINISTRATIVE CODE Building service equipment regulated by such codes, which constitutes afire, electrical or health hazard, or an insanitary condition, or is otherwise dangerous to human life is, for the purpose of this section, unsafe. Use of buildings, structures or building service equipment constituting a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, , fun hazard, disaster, damage or abandonment is, for the purpose of this section, an unsafe use. Parapet walls, comites, spires, towers, tanks, statuary and other appendages or structural mem- bers which are supported by, attached to, or a part of a building and which are in a deteriorated con- dition or otherwise unable to sustain the design loads which are specified in the Building Code are hereby designated as unsafe building appendages. Unsafe buildings, structures or appendages and building service equipment are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accor- dance with the procedures set forth in the Dangerous Buildings Code or such alternate procedure as may be adopted by this jurisdiction. As an alternative, the building official or other employee or official of this jurisdiction as designated by the governing body may institute other appropriate ac- tion to prevent, restrain, correct or abate the violation. , SECTION 204 — BOARD OF APPEALS �D• 204.1 General. In order to hear and decide appeals of orders, decisions ordeterminationsmade by the building official relative to the application and interpretations of the technical code, there shall be and is hereby created a board of appeals consisting of members who are qualified by experience and training to pass upon matters pertaining to building construction and building service equip- ment and who are not employees of the jurisdiction. The building official shall be an ex officio member and shall act as secretary to said board but shall have no vote upon any matter before the board. The board of appeals shall be appointed by the governing body and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the building official. 204.2 Limitations of Authority. The board of appeals shall have no authority relative to interpre- tation of the administrative provisions of this code or the administrative provisions of the technical codes nor shall the board be empowered to waive requirements of either this code or the technical codes. p. SECTION 205— VIOLATIONS It shall be unlawful fora person, fine or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building, structure or building service equipment or cause or permit the same to be done in violation of this code and the technical codes. _ 3 3 B 201-202 1994 UNIFORM HOUSING CODE Chapter 2 ENFORCEMENT SECTION 201 —GENERAL 201.1 Authority. The building official is hereby authorized and directed to enforce all of the pro- . _ visions of this code. For such purposes, the building official shall have the powers of a law enforce- ment officer. The building official shall have the power to render interpretations of this code and to adopt and enforce rules and supplemental regulations in order to clarify the application of its provisions. Such interpretations, rules and regulations shall be in conformity with the intent and purpose of this code. 201.2 Right of Entry. When it is necessary to make an inspection to enforce the provisions of this code, or when the building official has reasonable rause to believe that there exists in a building or upon a premises a condition which is contrary to or in violation of this code which makes the build- ing or premises unsafe, dangerous or hazardous, the building official may enter the building or premises at reasonable times to inspect or to perform the duties imposed by this code, provided that if such building or premises be occupied that credentials be presented to the occupant and entry requested. If such building or premises be unoccupied, the building official shall fust make a rea- sonable effort to locate the owner or other person having charge or control of the building or prem- ises and request entry. If entry is refused, the building official shall have recourse to the remedies provided by law to secure entry. 2013 Responsibilities Defined. Owners remain liable for violations of duties imposed by this code even though an obligation is also imposed on the occupants of the building, and even though the owner has, by agreement, imposed on the occupant the duty of furnishing required equipment or of complying with this code. Buildings and structures and parts thereof shall be maintained in a safe and sanitary condition. The owner or the owner's designated agent shall beresponsible forsuch maintenance. To determine compliance with this subsection, the building may be reinspected. Owners, in addition to being responsible for maintaining buildings in a sound structural condi- tion, shall be responsible for keeping that par of the building or premises which the owner occupies - or controls in a clean, sanitary and safe condition, including the shared or public areas in a building containing two or more dwelling units. Owners shall, when required by this code, the health ordinance or the health officer, furnish and maintain such approved sanitary facilities as required, and shall furnish and maintain approved de- vices, equipment or facilities for the prevention of insect and rodent infestation, and when infesta- tion has taken place, shall be responsible for the extermination of any insects, rodents or other pests when such extermination is not specifically made the responsibility of the occupant by law or rul- ing. Occupants of a dwelling unit, in addition to being responsible forkeeping in a clean, sanitary and safe condition that part of the dwelling or dwelling unit or premises which they occupy and control, shall dispose of their rubbish, garbage and other organic waste in a manner required by the health ordinance and approved by the health officer. Occupants shall, when required by this code, the health ordinance or the health officer, furnish and maintain approved devices, equipment or facilities necessary to keep their premises safe and sanitary. SECTION 202—SUBSTANDARD BUILDINGS Buildings or portions thereof which are determined to be substandard as defined in this code are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedure specified in Chapter 11 of this code. 2 1994 UNIFORM HOUSING CODE SECTION 203 — HOUSING ADVISORY AND APPEALS BOARD 203-204 203.1 General. In order to hearand decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretations of this code, there shall be and is hereby created a housing advisory and appeals board consisting of members who are qualified by experience and training to pass upon matters pertaining to building construction and who are not employees of the jurisdiction. The building official shall be an ex officio member and shall act as secretary to said board but shall have no vote upon any matter before the board. The housing adviso- ry and appeals board shall be appointed by the governing body and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the building official. Appeals to the board shall be processed in accordance with the provisions contained in Section 1201 of this code. Copies of all rules of procedure adopted by the board shall be delivered to the building official, who shall make them accessible to the public. 203.2 Limitations of Authority. The housing advisory and appeals board shall have no authority relative to interpretation of the administrative provisions of this code nor shall the board be empow- ered to waive requirements of this code. SECTION 204 — VIOLATIONS It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or struc- ture or cause or permit the same to be done in violation of this code. 201-205.1 SECTION 201 — GENERAL 1994 ABATEMENT OF DANGEROUS BUILDINGS Chapter 2 ENFORCEMENT 201.1 Administration. The building official is hereby authorized to enforce the provisions ofthis code. The building official shall have the power to render interpretations of this code and to adopt and enforce rules and supplemental regulations in orderto clarify the application of its provisions. Such interpretations, rules and regulations shall be in conformity with the intent and purpose of this code. 201.2 Inspections. The health officer, the fire marshal and the building official are hereby autho- rized to make such inspections and take such actions as may be required to enforce the provisions of this code. ' 201.3 Right of Entry. When it is necessary to make an inspection to enforce the provisions of this code, or when the building official or the building official's authorized representative has reason- able cause to believe that there exists in a building or upon a premises a condition which is contrary to or in violation of this code which makes the building or premises unsafe, dangerous or hazardous, the building official may enter the building or premises at reasonable times to inspect or to perform the duties imposed by this code, provided that if such building or premises be occupied that creden- tials be presented to the occupant and entry requested. If such building or premises be unoccupied, the building official shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If entry is refused, the building offi- cial shall have recourse to the remedies provided by law to secure entry. "Authorized representative" shall include the officers named in Section 201.2 and their autho- rized inspection personnel. SECTION 202 — ABATEMENT OF DANGEROUS BUILDINGS All buildings or portions thereof which are determined after inspection by the building official to be dangerous as defined in this code are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedure specified in Section 401 of this code. +011ft•7ZFA-1kIrl WW_tILai 2&1 It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or struc- ture or cause or permit the same to be done in violation of this code. SECTION 204 — INSPECTION OF WORK All buildings or structures within the scope of this code and all construction or work for which a permit is required shall be subject to inspection by the building official in accordance with and in the manner provided by this code and Sections 108 and 1701 of the Building Code. SECTION 205 — BOARD OF APPEALS 205.1 General. In order to hear and decide appeals of orders, decisions ordeteiminationsmade by the building official relative to the application and interpretations of this code, there shall be and is hereby created a board of appeals consisting of members who are qualified by experience and train- --------------------- 1994 ABATEMENT OF DANGEROUS BUILDINGS 205.1-205.2 ing to pass upon matters pertaining to building construction and who are not employees of the juris- diction. The building official shall be an ex officio member and shall act as secretary to said board but shall have no vote upon any matter before the board. The board of appeals shall be appointed by the governing body and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant, with a duplicate copy to the building official. Appeals to the board shall be processed in accordance with the provisions contained in Section 501 of this code. Copies of all rules or regulations adopted by the board shall be delivered to the building official, who shall make them freely accessible to the public. 205.2 Limitations of Authority. The board of appeals shall have no authority relative tointerpre- tation of the administrative provisions of this code nor shall the board be empowered to waive re- quirements of this code. 3 401-401.3 1994 ABATEMENT OF DANGEROUS BUILDINGS r Chapter 4 NOTICES AND ORDERS OF BUILDING OFFICIAL SECTION 401 — GENERAL 401.1 Commencement of Proceedings. When the building official has inspected or caused to be inspected any building and has found and determined that such building is a dangerous building, the building official shall commence proceedings to cause the repair, vacation or demolition of the building. 401.2 NoticeandOrder. The building official shall issue a notice and order directed to the record owner of the building. The notice and order shall contain: 1. The street address and a legal description sufficient for identification of the premises upon. which the building is located. 2. A statement that the building official has found the building to be dangerous with a brief and concise description of the conditions found to render the building dangerous under the provisions of Section 302 of this code. 3. A statement of the action required to be taken as determined by the building official. 3.1 If the building official has determined that the building or structure must be repaired, the order shall require that all required permits be secured therefor and the work physically commenced within such time (not to exceed 60 days from the date of the order) and com- pleted within such time as the building official shall determine is reasonable under all of the circumstances. 3.2 If the building official has determined that the building or structure must be vacated, the order shall require that the building or structure shall be vacated within a time certain from the date of the order as determined by the building official to be reasonable. 3.3 If the building official has determined that the building or structure must be demolished, the order shall require that the building be vacated within such time as the building offi- cial shall determine is reasonable (not to exceed 60 days from the date of the order); that all required permits be secured therefor within 60 days from the date of the order, and that the demolition be completed within such time as the building official shall determine is reasonable. 4. Statements advising that if any required repair or demolition work (without vacation also be- ing required) is not commenced within the time specified, the building official (i) will order the building vacated and posted to prevent further occupancy until the work is completed, and (ii) may proceed to cause the work to be done and charge the costs thereof against the property or its owner. 5. Statements advising (i) that any person.having any record title or legal interest in the building may appeal from the notice and order or any action of the building official to the board of appeals, provided the appeal is made in writing as provided in this code and filed with the building official within 30 days from the date of service of such notice and order, and (ii) that failure to appeal will constitute a waiver of all right to an administrative hearing and determination of the matter. . 401.3 Service of Notice -and Order. The notice and order, and any amended or supplemental no- tice and order, shall be served upon the record owner and posted on the property; and one copy thereof shall be served on each of the following if known to the building official or disclosed from official public records: the holder of any mortgage or deed of trust or other lien or encumbrance of record; the owner or holder of any lease of record; and the holder of any other estate or legal interest of record in or to the building or the land on which it is located. The failure of the building official to serve any person required herein to be served shall not invalidate any proceedings hereunder as to any other person duly served or relieve any such person from any duty or obligation imposed by the provisions of this section. s �� 1994 ABATEMENT OF DANGEROUS BUILDINGS 401.4-404.1 401.4 Method of Service. Service of the notice and order shall be made upon all persons entitled thereto either personally or by mailing a copy of such notice and order by certified mail, postage prepaid, return receipt requested, to each such person at their address as it appears on the last equal- ized assessment roll of the county or as (mown to the building official. If no address of any such person so appears or is known to the building official, then a copy of the notice and order shall be so mailed, addressed to such person, at the address of the building involved in the proceedings. The failure of any such person to receive such notice shall not affect the validity of any proceedings taken under this section. Service by certified mail in the manner herein provided shall be effective c` on the date of mailing. 4015 Proof orService. Proof of service of the notice and order shall be certified to at the time of service by a written declaration under penalty of perjury executed by the persons effecting service, declaring the time, date and manner in which service was made. The declaration, together with any receipt card returned in acknowledgment of receipt by certified mail shall be affixed to the copy of the notice and order retained by the building official. SECTION 402 — RECORDATION OF NOTICE AND ORDER If compliance is not had with the order within the time specified therein, and no appeal has been properly and timely filed, the building official shall file in the office of the county recorder a certifi- cate describing the property and certifying (i) that the building is a dangerous building and (ii) that the owner has been so notified. Whenever the corrections ordered shall thereafter have been com- pleted or the building demolished so that it no longer exists as a dangerous building on the property described in the certificate, the building official shall file a new certificate with the county recorder certifying that the building has been demolished or all required corrections have been made so that the building is no longer dangerous, whichever is appropriate. SECTION 403 — REPAIR, VACATION AND DEMOLITION The following standards shall be followed by the building official (and by the board of appeals if an. ( appeal is taken) in ordering the repair, vacation or demolition of any dangerous building or struc- ture: 1. Any building declared a dangerous building under this code shall be made to comply with one of the following: 1.1 The building shall be repaired in accordance with the current building code or other cur- rent code applicable to the type of substandard conditions requiring repair, or 1.2 The building shall be demolished at the option of the building owner, or 1.3 If the building does not constitute an immediate danger to the life, limb, property or safety of the public it may be vacated, secured and maintained against entry. 2. If the building or structure is in such condition as to make it immediately dangerous to the life, limb, property or safety of the public or its occupants, it shall be ordered to be vacated. r SECTION 404 — NOTICE TO VACATE 404.1 Pasting. Every notice to vacate shall, in addition to being served as provided in Section 401.3, be posted at or upon each exit of the building and shall be in substantially the following form: DO NOT ENTER UNSAFE TO OCCUPY It is a misdemeanor to occupy this building, or to remove or deface this notice. Building Official .......of....... 4. irjJ4ii�y 404,2 - 1994 ABATEMENT OF DANGEROUS BUILDINGS j 404.2 Compliance. Whenever such notice is posted, the building official shall include a notifica- tion thereof in the notice and order issued under Section 401.2, reciting the emergency and specify- ing the conditions which necessitate the posting. No person shall remain in or enter any building which has been so posted, except that entry may be made to repair, demolish or remove such build- ing under permit. No person shall remove or deface any such notice after it is posted until the re- quired repairs, demolition or removal have been completed and a certificate of occupancy issued pursuant to the provisions of the Building Code. 1994 UNIFORM BUILDING CODE Appendix Chapter 15 REROOFING SECTION 1514—GENERAL APPENDIX CHAPTER 15 All reroofing shall conform to, the applicable provisions of Chapter 15 of this code. Roofing materials and methods of application shall comply with the U.B.C. standards or shall follow manufacturer's installation requirements when approved by the building official. SECTION 1515 — INSPECTIONS New roof coverings shall not be applied without first obtaining an inspection by the building offi- cial and written approval from the building official. A final inspection and approval shall be ob- tained from the building official when the reroofing is complete. The preroofing inspection shall pay particular attention to evidence of accumulation of water. Where extensive ponding of water is apparent, an analysis of the roof structure for compliance with Section 1506 shall be made and cor- rective measures, such as relocation of roof drains or scuppers, resloping of the roof or structural changes, shall be made. 1' An inspection report covering the above -listed topics prepared by a special inspector may be ac- cepted in lieu of the preinspection by the building official. SECTION 1516 — BUILT-UP ROOFS C. 1516.1 General. Built-up roof covering shall be completely removed before applying the new roof covering. New roofing conforming to Section 1503 shall be applied except that when the new roof is to be applied directly to a nailable deck which has residual bitumen adhering to it, a rosin - sized or other dry sheet shall be installed prior to the installation of the new roof system. EXCEPTION: The building official may allow existing roof coverings to remain when inspection or other evidence reveals all of the following: I. That the roof structure is sufficient to sustain the weight of the additional dead load of the roof covering. 2. There is not more than one existing roof covering on the structure. 3. The existing roof covering is securely attached to the deck. 4. The roof deck is structurally' sound. 5. The existing insulation is not water soaked. 1516.2 Preparation of Roof and Application of New Covering. 1516.2.1 General. When reroofing without removal of existing roof coverings is permitted by the building official and when the conditions specified in the exceptions to Section 1516.1 above have been met, the reroofing shall be accomplished in accordance with this section. 1516.2.2 Over gravel -surfaced roof coverings. Over gravel -surfaced roof coverings, the roof shall be cleaned of all loose gravel and debris. All blisters, buckles and other irregularities shall be cut and made smooth and secure. Minimum 3/8 -inch (9.5 mm) insulation board shall be nailed or securely cemented to the existing roofing with hot bitumen over which a new roof complying with Section 1503 shall be installed. When insulation board is to be attached with hot bitumen, the exist- ing surface shall be primed. Alternatively, on nailable decks only, all existing gravel shall be spudded off to provide a smooth l surface. All blisters, buckles and other irregularities shall be cut and made smooth and secure. A rosin -sized or other dry sheet shall be installed and a base sheet as defined in the code shall be me- chanically fastened in place. New roofing conforming to Section 1503 shall be applied. 1-427 APPENDIX CHAPTER 15 1994 UNIFORM BUILDING CODE 1516.23 Over smooth or cap -sheet surface. Over smooth orcap-sheet surfaced roof coverings, all blisters, buckles and other irregularities shall be cut and made smooth and secure. In the case of - - nonnailable decks, a base sheet shall be spot cemented to the existing roofing. New roofing con- '•`` forming to Section 1503 shall be applied. In the case of nailable decks, a base sheet shall be nailed in place. In those cases where residual materials may cause the new base sheet to adhere to the old roof, a rosin -sized dry or other sheet shall be installed under the base sheet. New roofing conforming to Section 1503 shall be applied. 15163 Construction Details. 15163.1 Flashings and edgings. Vent flashings, metal edgings, drain outlets, metal counter- flashing and collars shall be removed and cleaned. Rusted metal shall be replaced. Metal shall be primed with cutback primerprior to installation. Collars and flanges shall be flashed per the roofing manufacturer's instructions. 15163.2 Intersecting walls. All concrete and masonry walls shall be completely cleaned and primed to receive new flashing. All vertical walls, other than concrete or masonry, shall have the surface finish material removed to aheight of approximately 6 inches (153 mm) above the deck new .� roof surface to receive new roofing and flashing. All rotted wood shall bereplaced with new materi- als. Surface finish material shall be replaced. - 151633 Parapets. Parapets of area separation walls shall have noncombustible faces, including counterflashing and coping materials. - EXCEPTION: Combustible roofing may extend 7 inches (178 mm) above the roof surface. 1516.3.4 Cant strips. Where space permits, cant strips shall be installed at all angles. All angles j shall be flashed with at least two more layers than in the new roof with an exposed finish layer of inorganic felt or mineral surfaced cap sheet. SECTION 1517 — SHINGLES AND SHAKES im 1517.1 General. Based on inspection of the existing roofing, the building official may permit the recovering of existing shingle or shake roofing in accordance with the provisions of this section. 15171 Asphalt Shingle Application. Not more than two overlays of asphalt shingles shall be applied over an existing asphalt shingle roof. Not more than two overlays of asphalt shingle roofing shall be applied over wood shingles. As- phalt shingles applied over wood shingles shall have an overlay underlayment of not less than Type 30 nonperforated felt. On structures with a slope of 2 units vertical in 12 units horizontal (16.66 % slope) or greater and having no more than one existing built-up roof. one overlay of asphalt shingles may be applied, provided: 1. If the built-up roof has a gravel surface, the gravel must first be spudded off to provide a smooth surface. All blisters and irregularities shall be cut and made smooth and secure and an un- derlayment of not less than Type 30 nonperforated felt shall be installed. 2. If the built-up roof has a smooth or cap -sheet surface, all blisters and irregularities shall be cut and made smooth and secure and an underlayment of not less than Type 30 nonperforated felt shall be installed. 15173 Wood Shake Application. Not more than one overlay of wood shakes shall be applied over an existing asphalt shingle or wood shingle roof [with one layer of I8 -inch (457 mm), Type 30 nonperforated felt interlaced between each layer of shakes). \ 1517.4 Wood Shingle Application. Not more than one overlay of wood shingles shall be applied over existing wood shingles. 1-428 �c 1994 UNIFORM BUILDING CODE APPENDIX CHAPTER 15 15175 Application over Shakes. New roof covering shall not be applied over an existing shake roof. 1517.6 Flashing and Edgings. Rusted or damaged flashing, vent caps and metal edgings shall be replaced with new materials as necessary. 1517.7 Reroofing. When the application of anew roof covering over wood shingle or shake roofs creates a combustible concealed space, the combustible concealed space shall be filled with the ma- terials listed in Section 708.2.2. SECTION 1518 —TILE Tile roofs maybe applied overexisting roof coverings when approved by the building official. Such installations shall be substantiated by structural data indicating that the existing or modified roof - framing system is adequate to support the additional tile roof covering. Existing tile roofing shall be removed and cleaned. Damaged or rusted flashing and cracked or broken tile shall be replaced. Tile shall be applied in accordance with the requirements of Section 1507.7 (application of clay or concrete tile) and in conformance with the original manufacturer's specifications. EXCEPTION: When the original manufacturer's specificationsare ano longer available, the tile may be reinstalled to match the prior installation except that clay and tertacotta hips and ridge the shall be reinstalled with Portland cement mortar. SECTION 1519 — METAL ROOFING C Reroofing with metal roofing shall be in accordance with the original manufacturer's specifications or when the original manufacturer's specifications are no longer available as required by Section ' 1507.8. SECTION 1520 — SPRAY POLYURETHANE FOAM ROOFS 1520.1 General. Spray -applied polyurethane foam maybe applied directly to an existing built-up roofing system when the completed assembly is a Class A, B or C roof covering that meets the cri- teria in Section 2602.5.3. When applied on a fire -resistive roof -ceiling assembly, the completed assembly shall comply with Section 710.1. . 1520.2 Inspection of Existing Roof. The building official may allow existing roof coverings to remain when inspection or other evidence reveals all of the following: 1. That the roof structure is sufficient to sustain the weight of the additional dead load of the roof covering. 2. The existing roof covering is securely attached to the deck. 3. The roof deck is structurally sound. r 4. The existing insulation is not water soaked. 1520.3 Preparation of Roof and Application of New Covering. 1520.3.1 General. When reroofing without removal of existing roof coverings is permitted bythe building official and when the conditions specified in Section 1520.2 above have been met, the re- roofing shall be accomplished in accordance with this section. 1520.3.2 Over gravel -surfaced roof coverings. Over gravel -surfaced roof coverings, the roof shall be cleaned of all loose gravel and debris. All blisters, buckles and other irregularities shall be cut and be made smooth and secure. The completed assembly must meet the conditions set forth in Section 2602.5.3, and Section 710.1, when applied on a fire -resistive roof -ceiling assembly. 1-429 APPENDIX CHAPTER 15 1994 UNIFORM BUILDING CODE 1520.3.3 Over smooth or cap -sheet surfaces. Spray -applied polyurethane foam roofing maybe applied directly to a properly prepared smooth or cap -sheet surface. The completed assembly must l - meet the conditions set forth in Section 2602.5.3, and Section 710.1, when applied on a fire -resis- tive roof -ceiling assembly. - 1520.4 Construction Details. 1520.4.1 Flashings and edgings. Flashings and waterproof coverings for expansion joints shall be compatible with the polyurethane foam system. 1520.4.2 Miscellaneous materials. Miscellaneous materials such as adhesives, elastomeric caulking compounds, metal, vents and drains shall be a composite part of the roof system. SECTION 1521 — OTHER ROOFINGS Reroofing with systems not covered elsewhere in Chapter 15 or this appendix, such as, but not lim- ited to, those that are fluid applied or applied as nonasphaltic sheets, shall be done with materials and procedures approved by the building official. 1-430 TUSTIN CITY CODE PROPERTY MAINTENANCE, ETC. 5501 "Wrecked" means that which has an outward manifestation or appearance of damage to parts and contents which is essential to operation. (Ord. No. 1080, Sec. 2, 11-18-91) 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: (a) Any abandoned, dismantled, wrecked, inoperable, discarded objects or equipment such as, but not limited to automobiles, trucks, trailers, boats, appliances, water heaters, refrigerators, furniture, fixtures, miscellaneous machinery and equipments, cans or containers standing or stored on property or on adjacent parkway sidewalks or streets which can be viewed from a public highway, walkway, or from private or public property, or which items are readily accessible from such places, or which are stored on private property in violation of any other law or ordinance; (b) Any condition which exists upon any premises that is dangerous to human life or is detrimental to health as determined by an appropriate city official; (c) Any alteration of land, the topography or configuration of which in any man-made state, whether as a result of grading operations, excavations, fill or other alteration; interferes with the established drainage pattern over the property or from adjoining or other property which does or may result in erosion, subsidence or surface water drainage problems of such magnitude as to be injurious to public health, safety and Welfare of any real property; (d) Disposal or presence of oil, grease, other petroleum products, noxious chemicals, pesticides, or any gaseous, liquid or solid waste in such a manner [as] to consist [constitute] a health or fire hazard or degrade the appearance of or detract from the aesthetic and property values of neighboring properties; (e) Lumber (excluding stacked firewood not visible from a public street, alley or adjoining property for use on the property or lumber for a construction project on the property with a valid permit), junk, trash, salvage materials (including but not limited to auto parts, scrap metals, tires, tin cans and bottles), or packing boxes or other debris stored on premises in excess of seventy-two (72) hours; (t) Any performance of work on motor vehicles, vehicle engines or parts, or household fixtures, on a public right-of-way or performance of such work in yard areas of resi- dential properties so as to be visible from a public right-of-way or neighboring prop- erties other than emergency repairs or minor maintenance being performed by the owner of the vehicle or fixture; (g) Any swimming pool, pond, spa or other body of water or excavation which is aban- doned, unattended, or unfiltered; REV: 1-92 PS -5-5 TUSTIN CITY CODE PROPERTY MAINTENANCE, ETC. 5502(h) (h) Trailers not within established mobilehome parks, dumpsters or similar vehicles or equipment used for sleeping purposes; (i) Accumulations of asphalt, concrete, plaster, tile, rocks, bricks, building materials and fill dirt resulting from excavations on or off the property; (j) Use of a parked or stored vehicle, boat, camper shell, trailer or other similar item as temporary or permanent living space; (k) Any vehicle, boat, camper shell or other similar item parked or stored on an unpaved surface or which blocks access to a required parking space; (1) Presence of graffiti, that is, City unauthorized inscribing, spraying of paint, or making of symbols using paint, spray paint, ink, chalk, dye, or similar materials on public or private structures, buildings, or places. (m) Property failing to meet minimum levels of maintenance and care as set forth as follows: r (1) Landscaping. All landscaping shall be maintained in a healthy condition free of \- dead, decayed, overgrown or discarded plant material; (2) Landscape 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 r 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 main- tained 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 misdemeanor. (Ord. No. 1080, Sec. 2, 11-18-91) 5503 PUBLIC NUISANCE a Authority to Abate and Impose Sanctions Enforcement of this chapter may be accomplished by the enforcement officer in any manner authorized by law. The procedures set forth in this chapter shall not be exclusive and shall not REV: 1-92 PS -5-6 RULES AND REGULATIONS § 17920.3 Pt. Ls Library Rererences Health and Environment a20, 32. . C.J.S. Health and Environment §§ 2 to 6, 28 to 30, 47, 62. § 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 i which there exists any of the following listed conditions to an extent that i 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: (a) Inadequate sanitation shall include, but not be limited to, the following: (1) Lack of, or improper water closet, lavatory, or bathtub or shower j in a dwelling unit. (2) Lack of, or improper water closets, lavatories, and bathtubs or showers per number of guests in a hotel. (3) Lack of, or improper kitchen sink. (4) Lack of hot and cold running water to plumbing fixtures in a hotel. (5) Lack of hot and cold running water to plumbing fixtures in a dwelling unit. (G) Lack of adequate heating. ti (7) Lack of, or improper operation of required ventilating equipment. � " (8) Lack of minimum amounts of natural light and ventilation required j by this code. x;. (9) Room and space dimensions less than required by this code. ' (10) Lack of required electrical lighting. (11) Dampness of habitable rooms. (12) Infestation of insects, vermin, or rodents as determined by the health officer. ! ?I f (13) General dilapidation or improper maintenance. (14) Lack of connection to required sewage disposal system. (15) Lack of adequate garbage and rubbish storage and removal facilities as determined by the health officer. (b) Structural hazards shall include, but not be limited to, the follow- ' ing: j (1) Deteriorated or inadequate foundations. (2) Defective or deteriorated flooring or floor supports. (3) Flooring or floor supports of insufficient size to carry imposed loads with safety. is 347 § 17920.3 STATE HOUSING LAW Div. 13 (4) Members of walls, partitions, or other vertical supports that split, lean, list, or buckle due to defective material or deterioration. (5) Members of walls, partitions, or other vertical supports that are of insufficient size to carry imposed loads with safety. (6) Members of ceilings, roofs, ceilings and roof supports, or other horizontal members which sag, split, or buckle due to defective material or deterioration. (7) Members of ceiling, roofs, ceiling and roof supports, or other fhorizontal members that are of insufficient size to carry imposed -loads with safety. (8) Fireplaces or chimneys which list, bulge, or settle due to defective material or deterioration. (9) Fireplaces or chimneys which are of insufficient size or strength to carry imposed loads with safety. (c) Any nuisance. I (d) All wiring, except that which conformed with all applicable laws in !I effect at the time of installation if it is currently in good and safe condition and working properly. (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 properly, and which is free of cross connections and siphonage between fixtures. (f) All mechanical equipment, including vents, except that which con- formed 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 installa- tion but is currently in good and safe condition and working properly. (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. (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 a 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. 348 RULES AND REGULATIONS § 17920.3 I Pt. 1.5 (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. 0) 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 condi- tions constitute fire, health, or safety hazards. (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. (1) All buildings or portions thereof not provided with adequate exit facilities as required by this code, except those buildings or portions thereof whose exit facilities conformed with all applicable laws at the time of their construction and which have been adequately maintained and increased in relation to any increase in occupant load, alteration or addition, or any change in occupancy. When an unsafe condition exists through lack of, or improper location of, exits, additional exits may be required to be installed. (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, 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 equip- ment have been adequately maintained and improved in relation to any increase in occupant load, alteration or addition, or .any change in occupancy. (n) All buildings or portions thereof occupied for living, sleeping, cooking, or dining purposes which were not designed or intended to be used for such occupancies. (o) Inadequate structural resistance to horizontal forces. Substandard building" includes a building not in compliance with Section 17920.7. However, a coridition which would require displacement of sound walls or ceilings to meet height, length, or width requirements for ceilings, rooms, and dwelling units shall not by itself be considered sufficient existence of dangerous conditions making a building a substandard building, unless the building was constructed, altered, or converted in violation of such requirements in effect at the time of constructipn, alteration, or conversion. (Added by Stats.1979, c. 434, p. 1553, § 2. Amended by Stats.1982, c. 1545, Historical Note The 1982 amendment substituted, in subd. 0), 'rodent harboraps" for "rat har- bomges 349 (7' § 1792.1.3 Library References Health and Pnvironnienl C+32. U.S. Health and Environment t§ 4R to Illi, 52. STATE HOUSING LAW Div. 13 § 17921.:1. Electric hot water heaters; storage capacity; timer On or afte" Janna ry 1, 1985, all electric hot water heaters which have a storage capacity in excess of 20 gallons and which are installed in newly -constructed condominiums or residential homes which have not been previously occupied shall have a timer with ;u1 off -on switch. The timer shall be accessible and, if it is not placed on the electric hot water heater, shall be labeled as being a switch for the hot water heater. The provisions of this section shall be applicable only to those condo- miniums or residential homes containing hot water heaters which exclu- sively serve each condominium or residential home. (Added by Stats.1982, c. 797, § 1.) § 17922. Administrative code rules and regulations; uniform hous- ing code requirements;' local requirements (a) Except as otherwise specifically provided by law, the building standards adopted and submitted by the department for approval pursu- ant to Chapter 9 (commencing with Section 18935) of Part 2.5 and the other rules and regulations, which are contained in -Title 29 of the California Administrative Code, adopted, amended, or repealed from lime . to time pursuant to this chapter shall impose substantially the same requirements as are contained in the most recent editions of the follow- ing uniform industry codes as adopted by the organizations specified: (1) The Uniform Housing Code of the ILrternational Conference of Building Officials, except its definition of "substandard building." (2) The Uniform Building Code of the International Conference of Building Officials. (3) The Uniform Plumbing Code of the International Association of Plumbing and Mechanical Officials. (9) The Uniform Mechanical Code of the International Conference of Building Officials and the International Association of Plumbing and Mechanical Officials. (5) The National Electrical Code of the National Fire Protection Asso- ciation. In adopting building standards for approval pursuant to Chap- ter 9 (commencing with Section 18935) of Part 2.5 for publication in the State Building Standards Code and in promulgating other regulations, the department shall consider local conditions and any amendments to the uniform codes referred to in this section. Except as provided in Part 2.5 (commencing with Section 18901), in the absence of adoption by regulation, the most recent editions of the uniform codes referred to in. 366 10.204410.302 1991 UNIFORM FIRE CODE - Vertical clearances orwidths shall be increased when, in the opinion of the chief, vertical clearances or widths are not adequate to provide fire apparatus access. .. - (b) Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be provided with a surface so '_ as to provide all-weather driving capabilities. (c) Turning Radius. The turning radius of a fire apparatus access road shall be as approved by the chief. (d) Dead Ends. Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire .. = apparatus. l (e) Bridges. When a bridge is required to be used as access under this section, it shall be constructed and maintained in accordance with the applicable sections of the Building Code and shall use designed live loading sufficient to carry the imposed loads of fire apparatus. _ (f) Grade. The gradient for a fire apparatus access road shall not exceed the maximum approved by the chief. Obstruction Sec. 10.205. The required width of a fire apparatus access road shall not be obstructed in any manner, including parking of vehicles. Minimum required widths and clearances established under this section shall be maintained at all _ times. Marking Sec. 10.206. When required, approved signs or other approved notices shall be ` provided and maintained for fire apparatus access roads to identify such roads and - = prohibit the obstruction thereof or both. Division III FIRE DEPARTMENT ACCESS TO BUILDINGS 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. (b) Street or Road Signs. When required by the chief, streets and roads shall be identified with approved signs. Key Boxes - Sec. 10.302. When access to or within a structure or an area is unduly difficult because of secured openings or where immediate access is necessary for life - 62. 1991 UNIFORM FIRE CODE 10.501-10.504 (c) Buildings under Construction. Fire -protection equipment and systems shall be installed and maintained in buildings under construction in accordance with Article 87. 71ming of Installation Sea 10502. When fire protection, including fire apparatus access roads and water supplies for fire protection, is required to be installed, such protection shall be installed and made serviceable prior to and during the time of construction. / EXCEPTION: When alternate methods of protection, as approved by the chief, 4 am provided, the above may be modified or waived. Approval and Testing Sea 10503. Fre alarm systems; fire hydrant systems; fire -extinguishing sys- tems, including automatic sprinklers and wet and dry standpipes; halon systems and otherspecial types of automatic fire -extinguishing systems; basement pipe in- lets; and otherfire-protection systems and appurtenances thereto shall mcetthe ap- proval of the fire department as to installation and locationand shall be subject to such periodic tests as required by the chief. Plans and specifications shall be sub- mitted to the fire department for review and approval prior to construction. ' Condition of approval of halon systems shall be satisfactory passage of a test conducted in accordance with nationally recognized standards prior to final acceptance of the system. Maintenance Sea 10504. (a) General. Sprinkler systems, fur hydrant systems, standpipe systems, fire alarm systems, portable fire extinguishers, smoke and heat ventilators, smoke -removals stems and other fire -protective or extinguishing Y P systems or appliances shall be maintained in an operativecondition atall 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 build- ing so equipped is altered, remodeled or added to. Additions, repairs, alterations and servicing shall be in accordance with recognized standards. (b) Systems in High-rise Buildings. The owner of ahigh-rise building shall be responsible for assuring that the fur- and life -safety systems required by the Building'Code are maintained in an operable condition at all times. Unless otherwise required by the chief, quarterly tests of such systems shall be conducted by approved. persons. A written record shall be maintained and shall be made available to the inspection authority. See U.B.C. Sections 1807 and 1907. (c) Smoke -control Systems. Mechanical smoke -control systems, such as those in high-rise buildings, buildings containing atria, covered mall buildings and mechanical ventilation systems utilized in smokeproof enclosures and for smoke -removal systems utilized in high -piled combustible storage occupancies, shall be maintained in an operable condition at all times. Unless otherwise required 65 1050410.506 1991 UNIFORM FIRE CODE by the chief, quarterly tests of such systems shall be conducted by approved persons. A written record shall be maintained and shall be made available to the inspection authority. 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. (b) Prohibited Types. Vaporizing liquid extinguishers containing carbon tetrachloride orchlombromomethane shall not be installed or used in any location for fire -protection use. . Soda -acid, foam, loaded stream, an[ifreeze and water fire extinguishers of the inverting types shall not be recharged or placed in service for fire -protection use. (c) Sale of Defective Fire Extinguishers. Forms, types or kinds of fire extinguishers which are not approved or which are not in proper working order, or thecontentsofwhich donot meet the requirements of this code, shall not besoldor traded. EXCEPTION: The sale or trade of fire extinguishers to a person engaged in the business of selling or handling such extinguishers, and the sale or exchange of obsolete or damaged equipment forjunk. General Provisions for Fire -extinguishing Systems Sec 10506. (a) General. Fire -extinguishing systems shall be installed in accordance with the Building Code. - IFire hose threads used in connection with fire -extinguishing systems shalt be national standard hose thread or as approved by the fire department. The location of f redepartmenthose connections shall be approved by the chief. B In buildings used for high -piled combustible storage, fire protection shall be in I accordance with Article 81. B (b) Standards. Fire -extinguishing systems shall comply with the Building Code. See U.B.C. Standards Nos. 38-1 and 38-2. 6 B EXCEPTIONS: I. Automatic fire -extinguishing systems not coveted by the Building Code shall be approved and installed in accordance with approved stan- dards. B 2 Automatic sprinkler systems may be connected to the domestic water supply main when appmved by the chief, provided the domestic watersupply is of adequate B pressure, capacity and sizing for the combined domestic and sprinkler requirements. In such case, the sprinklersystem connection shall be made between the public water I B main or meter and the building shutoff valve, and there shall not be intervening I valves or connections. The fur department connection may be omitted when ap- proved by the fire department. B 3. Automatic sprinkler systems in Group R Occupancies four stories or less may comply with U.B.C. Standard No. 38.3. When residential sprinkler systems as set B forth in U.B.C. Standard No. 38-3 are pmvided, exceptions to or reductions in code requirements based on the installation of an automatic fire -extinguishing system arc B not allowed 66 C 10.601-10.603 1991 UNIFORM FIRE CODE Division VI MAINTENANCE OF FIRE -RESISTIVE i CONSTRUCTION, FIRE ASSEMBLIES AND INTERIOR FINISHES Fire -resistive Construction Sec. 10.601. Required fire -resistive construction, including occupancy sepam- tions, area separation walls, exterior walls due to location on property, fire -resis- tive requirements based on type of construction, draft -stop partitions and roof ` coverings shall be maintained as specified in the Building Code and this code and shall be properly repaired, restored or replaced when damaged, altered, breached, penetrated, removed or improperly installed. Fire Assemblies for Protection of Openings Sec 10.602. (a) Maintenance. Required fireassemblies shall be maintained as specified in the Building Code and this code. These assemblies shall bear an approved label or other identification showing the rating thereof and shall be properly repaired, restored or replaced when damaged, altered, breached, penetrated, removed or improperly installed. (b) Operation. Fire assemblies shall not be obstructed or otherwise impaired from their proper operation at any time. \. (c) Identification. When required by the chief, a sign shall be displayed perma- nently near oron each required fire door in letters not less than 1 inch high to read as follows: FIRE DOOR DO NOT OBSTRUCT (d) Testing. Horizontal or vertical sliding and rolling fire doors shall be in- spected and tested annually by the owner or the owner's authorized representative to check for proper operation and full closure. Resetting of the release mechanism shall be done in accordance with the manufacturer's written instructions. A written record shall be maintained and shall be available to the inspection authority. Interior Wall and Ceiling Finishes Sec. 10.603. Interior wall and ceiling finishes shall be maintained in accor- dance with the Building Code. 74 yi 1991 UNIFORM FIRE CODE 1120411.302 (b) Location. Recreational fires shall not be conducted within 25 feet of a / structure or combustible material unless contained in a barbecue pit. Conditions 1 which could cause a fire to spread to within 25 feet of a structure shall be eliminated - prior to ignition. (c) Fre-extinguishing Equipment. Buckets, shovels or garden hoses shall be . readily available for use at recreational fires. (d) Attendance. Recreational fires shall be constantly attended by a person knowledgeable in the use of fire -extinguishing equipment required by this section. i An attendant shall supervise a recreational fire until such fire has been extin- guished. (e) xtin- guished.(e) Discontinuance. The chief is authorized to require that recreational rues be immediately discontinued if such fires are determined by the chief to constitute a hazardous condition. ' Commercial Barbecue Pits Sec. U.205. (a) Indoor Locations. Barbecue pits used for commercial cooking operations in buildings shall be constructed as commercial food heat -processing - equipment in accordance with the Mechanical Code. (b) Outdoor Locations. 1. Construction. Barbecue pits in outdoor locations shall be constructed of concrete or approved noncombustible materials. / 2. Location. Barbecue pits outside of buildings shall not be located within 10 l • feet of combustible walls or roofs or other combustible material. Division III COMBUSTIBLE MATERIALS. General Sec 11.301. Storage, accumulation, use and handling of combustible materials shall be in accordance with this division. 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 struc- lures 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. Com- bustible rubbish stored in containers shall be removed from buildings not less than once each working day. EXCEPTION: Commercial rubbish handling operations shall be in accordance i with Section 11.302 (c). (b) Rubbish within Dumpsters. Dumpsters and containers with an individual . capacity of 1.5 cubic yards (40.5 cubic feet) or more shall notbe stored in buildings or placed within 5 feet of combustible Walls, openings or combustible roof.eave lines. T7 11.302-11.303 1991 UNIFORM FIRE CODE EXCEPTIONS: 1. Areas containing dumpsters or containers protected by an approved automatic sprinkler system. 2. Structures of Types I and If fire -resistive construction used for dumpster or i container storage located not less than 10 feet from other buildings. (c) Commercial Rubbish Handling Operations. Occupancies exclusively performing commercial rubbish handling or recycling shall maintain rubbish or product to be processed or recycled as follows: 1. In approved vaults, 2. In covered metal or metal -lined receptacles or bins, or 3. Completely baled and stacked in an -orderly manner in an approved location. (d) Combustible Vegetation. Cut or uncut weeds, grass, vines and other vege- tation shall be removed when determined by the chief to be a fire hazard. When the chief determines that total removal of growth is impractical due to size orenviron- mental factors, approved fuel breaks shall be established. Designated areas shall be cleared of combustible vegetation to establish the fuel breaks. Storage, Use and Handling of Miscellaneous Combustible Materials Sea 11303. (a) General. Storage, use and handling of miscellaneous combus- tible materials shall be in accordance with this section. (b) Storage in Buildings. 1. Ceiling clearance. Storage of combustible materials in buildings shall be orderly and maintained not less than 2 feet from the ceiling and not less than 18 inches below sprinkler head deflectors. 2. Exits. Combustible material shall not be stored in exits or exit enclosures. 3. Equipment rooms. Combustible material shall not be stored in boiler rooms, mechanical rooms or electrical equipment rooms. 4. Attic, under -floor and concealed spaces. Attic, under -floor and concealed spaces used for storage of combustible materials shall be protected on the storage side as required for one-hour fire -resistive construction. Openings shall be pro- tected by assemblies that are self-closing and are of noncombustible construction or solid wood core not less than 0/4 inch in thickness. Storage shall not be placed on exposed joists. EXCEPTIONS: 1. Areas protected by approved automatic sprinkler systems. 2. Group iI, Division 3 and Group M Occupancies. 5. Fueled equipment Fueled equipment, including but not limited to motor- cycles, mopeds, lawn -care equipment and portable cooking,equipment, shall not be stored, operated or repaired within a building. EXCEPTIONS: 1. Building or rooms constructed for such use in accordance with the Building Code. 2. When permitted by other provisions of this code. The chief is authorized to require removal of such equipment form any location when the presence of such equipment is determined by the chief to be hazardous. For requirements in covered mall buildings, see Article 35. (c) Use of Flammable Decorative Material. 1. General. Combustible decora- tive material, including but not limited to cotton batting, paper, foam plastics, 78 ` 12.10412.106 1991 UNIFORM FIRE CODE Building Code. Exits shall not be obstructed in any manner and shall remain free of any material or matter where its presence would obstruct or render the exit hazardous. (b) Aisles.Aisles leading to required exits shall beprovided from all portions of buildings. The width and spacing of aisles shall be maintained as required by Section 25.107. (c) Fire Escape. When fire escapes are used as an appmved exit, they shall be maintained in accordance with this code. Fire escapes and related balconies, lad- ders, landings and operating devices shall not be obstructed in any manner. Emergency Escapes B =_ Sec 12.105. Emergency escape or rescue windows or doors provided for sleeping rooms of Group R Occupancies shall be maintained free of any B '_ obstruction, including bars, grates or similar devices which would inhibit egress. I = EXCEPTION: Bars,grilles, gratesorsimilardevices are allowedpmvided that B such devices are equipped with approved release mechanisms which are openable from the inside without the use of a key or special knowledge or effort, the release B =_ mechanisms are maintained operable, and the building is equipped with smoke - I detectors installed in accordance with the Building Code. Doors Sec 12.106. (a) General. Exit doors shall be maintained as provided in this section. Exit doors shall be maintained in an operable condition. Doors installed as part of required fire assemblies shall be maintained in accordance with Section 10.602. B s- (b) Swing and Opening Force. When required by the Building Code, exitdoors shall be of the pivoted or side -hinged swinging type. Exit doors shall swing in the direction of exit travel when serving any hazardous area or when serving an B =_ occupant load of 50 or more. The door latch shall release when subjected to a 15 -pound force, and the door shall be set in motion when subjected to a 30 -pound B '_ force. The door shall swing to full -open position when subjected to a 15 -pound force. Forces shall be applied to the latch side. e (c) Locking Devices. Exit doors shall be operable from the inside without the use of a key or any special knowledge or effort. Exit doors shall not be locked, chained, bolted, barred, latched or otherwise rendered unusable. All locking devices shall be of an approved type. B EXCEPTIONS: 1. In Group B Occupancies, key -locking hardware may be I - used on the main exit when the main exit consists of a single door or pair of doors B if there is a readily visible, durable sign on, or adjacent to, the door stating THIS I DOOR TO REMAIN UNLOCKED DURING BUSINESS HOURS. This sign shall B be in letters not less than I inch high on a contrasting background. When unlocked, the single door or both leaves of a pair of doors must be free to swing without B operation of any latching device. The use of this exception may be revoked by the I chief or building official for due cause. . B 2. Exit doors from individual dwelling units; Group R, Division 3 congregate I residences; and guestrooms of Group R Occupancies having an occupant load of 10 B or less may be provided with a night latch, dead bolt or security chain, provided such 86 C 1991 UNIFORM FIRE CODE 12.106-12.107 devices are openable from the inside without the use of a key or tool and mounted at a height not to exceed 48 inches above the finished floor, Manually operated edge- or surface -mounted flush bolts and surface bolts are prohibited. When exit doors are used in pairs and approved automatic flush bolts are used, the door leaf having the automatic flush bolts shall have no doorknob or surface -mounted hardware. The unlatching of any leaf shall not require more than one operation. EXCEPTIONS: 1. Group R, Division 3 Occupancies. 2. When a pair of doors serving a mom not nomrally occupied ate needed for the movement of equipment, manually operated edge or surface bolts may be used and a door closer need not be provided on the inactive leaf. (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. I 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. (e) Special Egress -control Devices. When special egress -control devices or / systems are installed, such devices or systems shall be maintained in conformance with the Building Code requirements for the original installation. (f) Door Identification. Exit doors shall be marked so that they are readily distinguishable from adjacent construction. (g) Additional Doors. When required by the Building Code, additional doors provided for egress purposes shall conform to all provisions of this article. °i�lt7i� ='sh r. Gates and Barriers Sec. 12.107. (a) General. Gates and barriers installed in exit pathways shall meet the requirements of this section. (b) batch. Gates and barriers shall beopenable without the use of a key or any ( special knowledge or effort Gates and barriers in an exit shall not be locked, chained, bolted, barred, latched or otherwise rendered unopenable at times when the building or area served by the exit is occupied. EXCEPTION: Gates or barriers used to restrict access to various portions of a building or area, provided the gates or barriers do not obstruct access to required exits from occupied spaces and any dead ends created by the installation of such devices do not exceed 20 feet in length. (c) Width. Gates and barriers installed across anexitshallbeofsufficientsizeas to be capable of opening so that the clear width of the opening is not less than the exit width required by the Building Code. (d) Swing. Gates and barriers installed across an exit shall swing in the direction of exit travel when required by the Building Code for exit doors. 87 1991 UNIFORM FIRE CODE 85.101.85.106 ARTICLE 85 ELECTRICAL EQUIPMENT AND WIRING Scope Sec. 85.101. Permanent and temporary use of electrical appliances, fixtures, motors and wiring shall be in accordance with this article. EXCEPTION: I.ow-voltage wiring, such as communications and signal wir- ing. This article shall be enforced in cooperation with the authority havingjurisdic- tion for the enforcement of the Electrical Code. Definitions Sea 85.102. For definitions of APPLIANCE, PORTABLE; APPLIANCE, STATIONARY; EXTENSION CORD; FLEXIBLE CORD; MULTIPLUG ADAPTER; PANEL BOARD, ELECTRICAL; PERMANENT WIRING; POW- ER TAP; RECEPTACLE; SWITCHBOARD, ELECTRICAL; and TEMPO- RARY WIRING, see Article 9. Use of Temporary Wiring Sec. 85.103. (a) During Construction. Temporary wiring for electrical power r' and lighting installations is allowed during periods of construction, remodeling, \. repair or demolition of buildings, structures, equipment or similar activities. (b) During Special Events and Holidays. Temporary wiring for electrical power and lighting installations is allowed for a period not to exceed 90 days for Christmas decorative lighting, carnivals and similar purposes, and for experi- mental or developmental work. (c) Attachment to Structures. When temporary wiring is attached to a struc- ture, it shall be attached in an approved manner. 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. Electrical Motors Sec. 85.105. Electrical motors shall be maintained in a manner free from accumulations of oil, dirt, waste and other debris which will interfere with re- quired motor ventilation or create a fire hazard. Extension Cords Sec. 85.106. (a) General. Extension cords shall not be used as a substitute for permanent wiring. 431 '. ri:.'....i {..tiL ... ...�. �'1n✓�aV- i u.-.:':- 4 4G'L1i�:Ya•/%.!I✓':I4.M.: .i�..I r.R4rV•ii.�w�i�� yi-.. 1101-1101.3 - 1994 UNIFORM HOUSING CODE Chapter 11 NOTICES AND ORDERS OF THE BUILDING OFFICIAL SECTION 1101 — GENERAL 1.101.1 Commencement of Proceedings. When the building official has inspected or caused to be inspected building and has found and determined that such building is a substandard building, the building official shall commence proceedings to cause the repair, rehabilitation, vacation orde- molition of the building. 1101.2 Notice and Order. The building official shall issue a notice and order directed to the re- cord owner of the building. The notice and order shall contain: ' ' I. The street address and a legal description sufficient for identification of the premises upon which the building is located. 2. A statement that the building official has found the building to be substandard with a brief and concise description of the conditions found to render the building dangerous under the provisions of Section 202 of this code. 3. A statement of the action required to be taken as determined by the building official. 3.1 If the building official has determined that the building or structure must be repaired, the order shall require that all required permits be secured therefor and the work physically commenced within such time (not to exceed 60 days from the date of the order) and com- pleted within such time as the building official shall determine is reasonable under all of the circumstances. 3.2 If the building official has determined that the building or structure must be vacated, the order shall require that the building or structure shall be vacated within a certain time from the date of the order as determined by the building official to be reasonable. 3.3 If the building official has determined that the building or structure must be demolished, the order shall require that the building be vacated within such time as the building official shall determine reasonable (not to exceed 60 days from the date of the order), that all re- quired permits be secured therefor within 60 days from the date of the order and that the demolition be completed within such time as the building official shall determine is rea- sonable. 4. Statements advising that if any required repair ordemolition'work (without vacation also be- ing required) is not commenced within the time specified, the building official (i) will order the building vacated and posted to prevent further occupancy until the work is completed, and (ii) may proceed to cause the work to be done and charge the costs thereof against the property or its owner. 5. Statements advising (i) that 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 housing advisory and appeals board, provided the appeal is made in writing as provided in this code, and filed with the building official within 30 days from the date of service of such notice and order, and (ii) that failure to appeal will constitute a waiver of all right to an administrative hearing and determination of the matter. 1101.3 Service of Notice and Order. The notice and order, and any amended or supplemental notice and order, shall be served upon the record owner, and posted on the property; and one copy thereof shall be served on each of the following if known to the building official or disclosed from official public records: the holder of any mortgage or deed of trust or other lien or encumbrance of record; the owner or holder of any lease of record; and the holder of any other estate or legal interest, of record in or to the building or the land on which it is located. The failure of the building official to serve any person required herein to be served shall not invalidate any proceedings hereunder as to 16 BOARD OF APPEALS REPORT ATTACHMENT "E" a Community Redevelopment Agency February 27, 1996 City of Tustin 300 Centennial Way Tustin, CA 92680 (714) 573-3106 Mr.VinayLtd. Paz FAX (714) 573-3113 PaLLt 3745 W. Chapman 9205 Orange, Ca 92668 Subject: Residential Rehabilitation Program, McFadden Village Apartments, 17271-17289 McFadden Ave, Tustin. Dear Mr. Pai: You called my office yesterday, February 26, 1996, to determine the status of your rehabilitation grant/loan application. The purpose of this letter is to apprise you of the status of the application and to advise you as to the next steps in the process. You have submitted sufficient information from the subject property's tenants to allow you to proceed in the rehabilitation program and your application for rehabilitation grant and loans funds has been accepted. The grants and deferred loan that are available to a program participant are a $3000 general rehabilitation grant, a $3000 exterior paint grant and up to a $25,000 deferred loan. The next step for a program participant would be to solicit bids for the rehabilitation work, submit the bids for review, and then execute a participation agreement to provide reimbursement to the participant for the cost of the rehabilitation work in accordance with the rehabilitation program. You previously submitted bids for the rehabilitation work that was identified as being needed at the property. However, because of the numerous code violations present at the property the scope of rehabilitation work has expanded considerably. It is my understanding that you Will be attending a meeting with City staff on Thursday February 29, 1996 at 2:00 p.m ,at City Hall to discuss the code violations and the timetable for their correction. At that meeting we can discuss the specifics of how the grant and loan funds will be released in regards to the completion of the corrective work. Sincerely, zw XK&U& David Gottlieb Redevelopment Project Manager cc: Rick Brown Mark Galvan R a Community Redevelopment Agency City of Tustin March 25, 1996 300 Centennial Way Tustin, CA 92680 (714)573-3106 Mr. Vmay Pai FAX (714) 573-3113 Pai-25 Ltd. 3745 W. Chapman 9205 Orange, Ca 92668 Subject: Residential Rehabilitation Program, McFadden Village Apartments, 17271-17289 McFadden Ave, Tustin.. Dear Mr. Pai: You have inquired as to the status of your Rehabilitation Program grant and loan applicaiton for the subject vroperty. The status today is the same as when I wrote you most recent letter of February 27, 1996 (copy attached). I am still waiting for you to submit at least three estimates for all the work contained in the Notice and Order issued by the Building Official on January 24, 1996. In regards to how the rehabilitation funds would be released the following are two alternatives for you to consider. Alternative 41. The Rehabilitation Program procedures that have been adopted by the City Council requires an "Applicant whose work exceeds maximum loan or grant provides City with payment of remaining portion of total rehabilitation costs." Based upon the severity and large number of code violations present at the subject property it is assumed that the cost for all the corrective work will be in excess of the grants and loans available through the Rehabilitation Program Therefore, once you have obtained at least three bids for all the required work and the full cost is determined you would be required to deposit with the City into a trust account the difference between the rehabilitation costs and the grants and loans that are available. No more than three progress payments would then be made from the trust account and the City's rehabilitation fund to pay the contractor. Alternative 92 So that you will not have to deposit with the City the entire amount of the corrective work for the property as discussed in Alternative 91, and as a consideration to you, there is a second alternative available to you. The Loan Committee has indicated that they would approve the use of rehabilitation funds without you having to eposit your share of the rehabilitation costs with the City. In this alternative rehabilitation funds would be disbursed after you have completed the majority of the corrective work As an example, if the bids reveal that the cost per building to do the corrective work is $35,000, then rehabilitation funds would be used to fund the f Mr. Vinay Pai March 25, 1996 payment schedule work for the last building to be done. Since there are 10 apartment buildings on the property, you would pay for the corrective fork on the first nine buildings and the rehabilitation funds would be used for the last (the tenth) building. In addition, rehabilitation funds would only be disbursed for the tenth building if all the work had been completed, inspected and approved for the first nine buildings. I believe that this satisfies your inquiry as to how the rehabilitation funds will be disbursed. Participant agreements for your signature may be prepared once you have obtained bids for the corrective work and staff has had a chance to review the bids costs analyzed. You also need to let me know which alternative you select as the method of payment for the rehabilitation work. Please be advised that your ability to receive and use rehabilitation funds for the subject property in no way abrogates your responsibility to comply with the Notice and Order issued to you by the Tustin Building Official. Sincerely, T6ue v U vda David Gottlieb Redevelopment Project Manager cc: C. Shingleton R Zimmer L.7effrey R. Brown E. Binsack !i 9VESTMENTS, RVC MSONAL • 3745 W. Chapman, Suite 205 f^ • Orange. CA 92668 VINAY PAI - PRESIDENT • (714) 937-0505 )rn in Bombay, India in 1947. Moved to the USA in 1971 as a masters :udent in Electronic Engineering. Founder and President of PAI 7VESTMENTS, INC. since 1980. )UCATIONAL Lsters degree in Computer Design from Texas A&I University ichelor of Science degree in Electronic Engineering from Bombay iiversity ir-. fied Financial Planner certificate from University of Southern ilifornia )al Estate Licensee since 1978 :neral Contractors licensee since 1987 :PERIENCE )76-79 Worked as computer design engineer for Computer Automation, .rox and Citibank developing micro processor software. 180 -Present President of both PAI INVESTMENTS, INC. AND PAI DEVELOPMENT CO. As President of PAI INVESTMENTS, INC., heads the company to do Real Estate Syndication.and property managment. )93 50 39Vd As President of PAI DEVELOPMENT CO., acts as general contractor for land development projects. Acted as court appointed receiver in case #VC010411. THJ rr,.r,rrrr. ..•�.. .-��r ... -. .... PROPERTIES MANAGED BY PAI INVESTMENTS, INC. --------------------------------------------- )RESS _-_- UNITS LENGTH OF MANAGEMENT !7 Monticeto Rd. ----- -------------------- lona, CA 90 6 years !71 McFadden ;tin, CA 73 6 years 31 Central Ave. -den Grove, CA 52 4 years 550 Bolsa Ave. -den Grove, CA 36 3 years 212 Gould Street rerside, CA 36 5 years 35 N. Central Ave. 3hland, CA 92 4 years E. Walnut ita Ana, CA 79 2 years )2 N. Ross ita Ana, CA 105 1 year L E. 16th ita Ana, CA 60 2 years afort Inn 152 1 year i.ton, CA 160 Joy St. 63 1 year ce Elsinore, CA W. Broadway 162 1 year theim, CA MANAGEMENT C INVESTMENTS, INC. currently owns and manages over 900 apartment units Orange, San Diego and Riverside Counties. The property management system completely computerized. Each property has its own savings and checking :aunts. All rents are directly deposited into the account and all the ?ense checks are written on this account. There are not any cash insactions. Monthly statements are mailed consisting of copies of the ik statements with clear explanation of each check. L the receipts and the books are preserved by us and they a available for inspection by the partners at mutually convenient xrs. ca 7nHJ MULTIFAMILY PROJECTS DEVELOPED BY PAI INVESTMENTS, INC. ------------------------------------------------------- L0 39Vd ICd 964TLE64TL TT:hA SFFT/AZ//A TOTAL DDRESS UNITS COST COMPLETION DATE O1 S. Birch, SA 20 $ 850,000 12/85 09 S. Birch, SA 20 875,000 12/86 10 Chestnut, SA 45 2,200,000 08/86 22 Walnut, SA 60 3,925,000 08/87 13 Pine, SA 20 910,000 12/86 529 W. Civic Ctr, SA 13 820,000 03/88 505 W. 5th, SA 38 2,300,000 03/88 502 N. Ross, SA 105 5,880,000 01/88 21 E. 16th, SA 60 3,360,000 11/87 3: Iowa, Colton 152 5,450,000 10/89 306 Alder, Fontana 60 2,650,000 03/89 3882 Elliot, G.G. 32 4,150,000 07/90 406 W. 6th, Corona 45,000 3,500,000 11/90 3HOPPING CENTER) sq. ft. 19 La Palma, Anaheim 12 1,050,000 07/90 )0 W. Vermont, Anaheim 14 1,265,000 04/90 1640 Euclid, G.G. 22 2,640,000 07/90 5460 Joy Street, Lake 63 4,150,000 07/91 Lsinore L0 39Vd ICd 964TLE64TL TT:hA SFFT/AZ//A OPERATING STATEMENT / 1-25. LTD. MCFADDEN VILLA 1` DECEMBER 28. i994 CURRENT MONTH YEAR TO DATt INCOME: RENTAL INCOME 3:3, 595. i4 97.6'-1 t 443.059.15 97.0; SECURITY DEPOSITS 500.00 1.4% 7.153.00 1.6: CREDIT CHECK 60.00 0.2114 510.00 0.17 LAUNDRY INCOME 319. 50 0.9% 4,534.28 1.0-, REBATES 0.00 0:0% 67.75 0.07 OTHER 0. 00 0.0% 1, 364. 00 0. 3; TOTAL INCOME COLLECTED ------------- 36,4-71.64 ----------------- 100.0% 456,726-18 ----- 100.0-, EXPENSES: 'ADVERTISING 537.97 1.5X 4,675.53 1. 17 MAINTENANCE 4'.535-58 12. 4% 23, 476. 60 5.11 MANAGEMENT FEES 1,453.20 4. OY 18, 796.52 4. 1: RESIDENT MANAGERS ALLOW. 0.00 0.0% 4.800:00 1. 1; PHONE 32. 76 0. 1"" 36.4. 66 0. 17 CREDIT CHECK 242.53 0.7% 564.08 0.1; OFFICE SUPPLIES 0.00 0.Ov. 335.00 0.17 LICENSES AND TAXES 0. Q10 0. 0'f• 2. 02.4. 00 0. 4; LEGAL AND PROFESSIONAL 0.00 141.0; i3,436.12 GAR<DENING 0.00 0.0% 150.00 0 NATURAL CTAS 0.00 0. 0;? 9.439.00 2., WATER 2.534.94 7. 0V.. 12, 198.08 2. 7: ELECTRICITY 574.83 1.6'/. 10.483.34 2.37 RUBBISH COLLECTION 1,034.45 2.8% 10._ 540. 10 2.3-1 PEST CONTROL 0.00 0. 0;? 793.00 0.27 INSURANCE 5G8.17 1.6% 7,486.13 1.67 COMPENSATION 'i. 650. 00 4.5% i0, 566. 50 2. 37 SUPPLIES 2. 065. 53 5. 7: 12, 434. 23 2. 7; SECURITY DEPOSIT REFUNDS 0.00 0.0% 1.620.00 0.47 BANK. CHARGES 0.00 0.07 460.30 0.1' TOTAL OPERATING EXPENSES qET OPERATING INCOME LOAN PAYMENT TOTAL DEBT SERVICE CASH FLOW 15. 230.01 41.8% 144, 903. 19 31.7; 21, 241. 63 58.2% 311, 824.99 68.37. 27. 021.59 74.1% 306, 354.55 67. 17 27, 021. 59 74. 1','- ------------- ----- ( 5.779.96) 15. 306,354.55- 67.17. 5,470.44 1.2-, BOARD OF APPEALS REPORT ATTACHMENT "F" 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 RESOLUTION NO. 96-1 A RESOLUTION OF THE BOARD OF APPEALS OF THE CITY OF TUSTIN, UPHOLDING THE DECISIONS OF THE BUILDING OFFICIAL CONTAINED IN THE NOTICE AND ORDER DATED FEBRUARY 22, 1996, REQUIRING THE REPAIR AND REHABILITATION OF BUILDINGS AND GROUNDS LOCATED AT 17271-17289 MCFADDEN AVENUE TUSTIN, CALIFORNIA The Board of Appeals of the City of Tustin does hereby resolve as follows: I. The Board of Appeals hereby finds and determines as follows: A. That during February, 1996, the Building Official inspected the buildings and grounds located at 17271-17289 McFadden Avenue. B. That on February 22, 1996 the Building Official issued a proper Notice and Order to the property owner via certified mail describing those conditions which violate City and/or State laws and established reasonable time periods for correction of those violations. C. That on March 20, 1996, an appeal was filed by the owner with the Building official contesting the required actions contained in the Notice and Order dated February 22, 1996. D. That pursuant to such appeal, a public hearing before the Board of Appeals was duly noticed for 6:00 p:m. on April 8, 1996. E. That witnesses were properly sworn and oral and documentary evidence was duly presented to the Board of Appeals on April 8, 1996. 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. 96-1 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. 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. 96-1 Page 3 C. In the event of non-compliance with the Notice and Order by the property owner, the Board of Appeals has requested that the City Attorney pursue appropriate civil and/or criminal remedies to force compliance with this Notice and order. PASSED AND ADOPTED at a special meeting of the Tustin Board of Appeals, held on the 8th day of April, 1996. MARJORIE KASALEK Chairwoman Barbara Reyes Recording Secretary 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. 96-1 was duly passed and adopted at a special meeting of the Tustin Board of Appeals, held on the 8th day of April, 1996. BARBARA REYES Recording Secretary BOARD OF APPEALS REPORT ATTACHMENT "G" Visual exhibits consisting of still photographs and videotape of the McFadden Village Apartments will be introduced as evidence during the Board of Appeals hearing on April 8, 1996. A C T I O N A G E N D A CITY OF TUSTIN BOARD OF APPEALS REGULAR MEETING APRIL 22, 1996 CALL TO ORDER: 7:00 p.m., City Council Chambers ROLL CALL: Board Members Present: Board Member Marjorie Rasalek, Chairwoman Board Member Lou Bone, Vice Chairman Board Member Nanette Lunn Board Member David Vandaveer Absent: Board Member Howard Mitzman Staff Present: Elizabeth Binsack, Community Development Director Mark Galvan, Code Enforcement Officer Dave Gottlieb, Redevelopment Program Manager Lois Jeffrey, City Attorney Soroush Rahbari, Acting Building Official Barbara Reyes, Recording Secretary George Wiesinger, Code Enforcement Officer Other Agencies Present: Mike Goldsberry, Orange County Environmental Health specialist David Montgomery, Orange County Fire Safety Specialist PUBLIC CONCERNS: (Limited to 3 minutes per person for items not on the agenda.) At this time members of the public may address the Commission regarding any items not on the agenda and within the subject matter jurisdiction of the Commission (NO action can be taken off -agenda items unless authorized by law). No One Addressed the Board CONSENT CALENDAR: (ALL MATTERS LISTED UNDER CONSENT CALENDAR ARE CONSIDERED ROUTINE AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS PRIOR TO THE TIME OF THE VOTING ON THE MOTION UNLESS MEMBERS OF THE COMMISSION, STAFF OR PUBLIC REQUEST SPECIFIC ITEMS TO BE DISCUSSED AND/OR REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ACTION.) Board of Appeals Action Agenda April 22, 1996 Page 2 1. Minutes of the April 8 1996 Board of Appeals Meeting Commissioner Bone requested a correction to page 6 of the minutes to reflect that his comments concerning trash on balconies include all three of the properties he mentioned, not just at the Walnut address. as corrected. PUBLIC HEARINGS NONE ADJOURNMENT: approve the minutes The meeting adjourned to the regular meeting of the Planning Commission at 7:03 p.m. The next meeting of the Board of Appeals will be set as items are scheduled for appeal. INVESTMENTS, INC. Ccs • 3745 W. Chapman, Suite 205 �e m 5' �«s``Gk ) • Orange, CA 92668 • (714) 937-0505 RECy'IVED ppR 0 4 1996 COMMUNITY DEVELOPME%l BY DATE: APRIL 4, 1996 TO: BOARD OF APPEALS FROM: VINAY PAI SUBJECT: MCFADDEN VILLAGE APARTMENTS (17271-17289 MCFADDEN AVENUE) RECEIVED APR 0 4 1996 COMMUNITY DEVELOPMENT BY Honorable Persons: I have been owning McFadden Village Apartments since 1/1/86. For the past several years, my ownership did not create any problem to the city. As far as I know the city was satisfied with the operation of the property. I will chronologically explain the events that led to today's hearing. On 11/30/94 I received a Notice of Violation from Community Conservation Officer Mr. Clifford Cox. I met with Mr. Cox and when I explained to him that because of recession the income on the property had gone down and I was short on funds. He told me that the city had a loan and grant program and if I get certain items done to show good faith, the city will wait on other items till the loan is funded, provided, a timely application is made. I immediately spent $21,500 to work on the following items : We cut the overgrown trees, patched all the asphalt coating on the drive way, repaired pool heater and repaired roof on some buildings. Also I made a loan grant application on 12/2/94. Both Mr. Cox and Mr. Gotlieb assured me that the complex certainly looked better and I am in compliance with the loan request. Hence the city will withhold further action till the loan is funded. In the month of April, Mr. Gotlieb asked me to submit bids on work to be completed and I promptly complied with the request. As city officials gave me the impression that funds will be released soon. I even hired a construction supervisor, Mr. Michael Corona to do the work. From April to July I provided city further information needed to fund the loan. In a letter dated 8/9/95 city official said that I can start work soon. Between August & December Mr. Gotlieb informed me that he was working on increasing paint grant for the apartment project. On 1/24/96 I received a letter ordering me to set time to inspect apartments from inside. As usual I complied and arranged immediately to the inspection of the interior of the units. This led to the Notice of Order dated 2/22/96. This order has been substantially complied with except for a few items requiring major infusion of capital. Board of Appeals McFadden Village Apartments April 4, 1996 Page 2 Items complied are as follows: 1. All the smoke detectors identified are in working order. 2. All heating units identified in Appendix A are in working order. Most of them were working on the day of the first inspection but the inspector could not figure out how to operate them and added them to the list anyway. 3. Units 17271 #L and #H were brought to code and were declared satisfactory by city inspector. 6. All the remaining substandard conditions identified in attachment "A" were completed except for the ones not marked. As you can see there is substantial compliance on this item. In items 6 & 7 most of the units violations were (1) infested with cockroaches (2) inadequate ventilation. I have got pest control service on these units since 1986. Even though now we satisfied both inspectors I still fail to understand how can I be liable if some of the inhabitants are filthy which lead to the problem of cockroach infestation. Even though we had time till 6/1/96 for compliance of items in attachment "A" most of them are complied with. 4. We have started work on guard-rails, hand -rails. This item was originally to be finished using the funds granted by the city. If the city releases the funds they promised in a letter dated 8/9/95 (copy attached) we will finish them in time. 5. Reroofing of all the roofs is the most expensive items. To reroof all the roofs the costs are approximately $80,000. My roofer Mr. Les Landes who is in business for several years has gone up with me and came to the conclusion that some of the roofs can be reroofed next year as they had been redone in the past 2 years and they do not leak. Mr. Landes will personally give testimony regarding the.condition of the roof, at the hearing. In conclusion we have substantially complied with the order. Even though the staff report suggests that we did not meet March 4th deadline, that is in error as we had inspection done by the Fire Authority and Health Officer and they simply did not relay the results to Community Preservation. I have personally called them leaving messages on 3 occasions but my calls were never returned. Even though my resident manager Mr. Art Porter asked them to sign off the completed work they told him that is not the department custom. Board of Appeals McFadden Village Apartments April 4, 1996 Page 3 My roofer does not see it necessary to repair all the roofs now. We are replacing roofs on 3 buildings. Even if I decide to appease the city, I do not have funds to complete all the work now. As the roofs in question are not leaking, I request you to give me additional time to finish remaining roofs. As every property in Tustin does not have a new roof I think it is discriminatory to make my property to have a new roof when it is not even leaking. Mr. Gotlieb from City informed me that $32,000 of the redevelopment funds are available but they will come as last dollars. As I have complied substantially except for railings and the roof, I request the city to make these funds available to correct the railings. This was the main item of the original notice dated 11/30/94 where city officials assured me that they will wait for compliance till city funds are made available. I relied to my detriment on those assurances and spent $21,500 to improve the property. The fact that city did not take any action from 11/30/94 to 2/22/96 supports my position. I have been asked to come up $100,000 to do the reroofing in 60 days time in these recessionary times, This is an extreme burden to me. Please help me. As a record only . The owners of the property are 2 limited partnership named PAI -25, LTD. and PAI -16, LTD. I am the general partner of the 2 partnerships. PAI Investments Inc. has nothing to do with this project even though Notice and Order dated 2/22/96 was given to PAI Investments Inc. Even though city described the project as hazardous I have never made a single insurance claim on the project in my 10 years of ownership. The insurance company inspects the project every year and had come up with minor corrections which were complied with. Attachments : 1. Items complied with and inspected and approved in Appendix A. 2. Letter from Mr. Gotlieb dated 8/9/95. ATTACHMENT A 'MMON AREA PROPERTY MAINTENANCE VIOLATIONS: Code Violations GARAGES - TCC 5502 Exterior surfaces: All garage structures exhibit signs of broken F; -and stucco -and stud=' 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 : X�Zenair dama ed drywall including holes in walls, deteriorated w'ndow sill r ndows "missing screens,) damaged my c6)-6 Xall 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 ,t he driveway along the west area. property 1__^.e and all of the planter areas in the north parking lot iThe 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) :ace _a11 me ssin a artmentletterin P __ - g.wher_1'0;.301.(a). 1�P`}ar6dry,warsrr laundry_room across groin build"ang`* at 57273 UFC 10.603 [FcFad':;,er. '✓'_' �a.� �Gart:,ents = Pace 2 R - move combustibles from garage roof incl-.d-inc c, d 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(8) Roof: water damage; leaks. HSC 17920.3(g) 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(g) Water Heater: enclosure damaged walls. HSC 17920.3(e) Interior Substandard Conditions: Code Violation Unit A: X No hea€. HSC 17920.3(a)(6) Unit B: ' HSC 17920.3(a)(13) Unit D: HSC 17920.3(a)(13) �Smo e�detector� miss ngaorxLnoperable.`' UFC 10.504 (a) Unit E: oor,-. amp` s HSC 17920.3 (a) (13) 'heaE"` HSC 17920.3 (a) (6) des HSC 17920.3(a)(12) r_Smoke.,=.detector mission=or inoperable: UFC 10.504(a) Unit F:,�. HSC 17920.3(a)(13) /- _:___- - -- -- _----"_-. HSC 17920.3(a) (12) Unit G: <Sho,ufer'pa11'?cracked:"' HSC 17920.3(e) HSC 17920.3(a)(12) Fei=uary 22 1::3 ' - ?aCP- 3 Unit H: Unit I: Unit J: Unit R: _ Qnfgz _ion of roaches. -- - 7 "PO -_ EON - missing'Smoke detector or inoperable ADDRESS: 17273 MCFADDEN AVENUE Exterior Substandard Conditions: Exterior surface: stucco damage with mold. Roof: water damage, leaks, fascia boards are damaged. B£ iN-r. ;: ^moieei�s• Ssi- g ssme Wall, Fences: broken fence, water damage. Driveways, walkways: broken walkway with 2" differential. Landscaping: not maintained. Irrigation: water leaks, broken heads, exposed. Rain Gutter/Roof Drain: blocked or broken. Water Heater: wall damage and electrical damage at enclosure; no seismic bracing. I' Interior Substandard Conditions: Unit A:p-� ���:;-r�mav�e�eattsE-of f lir-ramgness HSC 17920(a)(13) HSC 17920.3(a)(12) HSC 17920.3(e) HSC 17920 (3) (e) ASC 17920.3(a)(11) HSC 17920.3(a)(13) HSC 17920.3(e) HSC 17920.3(a)(13) HSC 17920.3(e) HSC 17920.3(a)(6) HSC 17920.3(a)(12) ASC 17920.3(b)(6) HSC 17920.3(a)(6) UFC 10.504(a) Code Violation HSC 17920.3(g) HSC 17920.3(8) HSC 17920.3(a)(13) TCC 5502 (m) (3) TCC 5502(m)(4)- TCC 502(m)(4)- TCC 5502 (m) (1) TCC 5502 (m) (2) HSC 17920.3(a)(13) HSC 17920.3(e) Code Violation -HSC 17920.3(a)(13) Jtirl.l r' .. • �_�i Pace 4 Unit B: X Unit C::z-re_— CS Unit D: Water closet" runs 6-ontj ADDRESS: 17275 MCFADDEN AVENUE Exterior Substandard Conditions: Exterior surface: stucco damage. Roof: water damage, broken sheathing and rafters Walls, fences: me_sture 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 dire extingii%sfie5' Repair panic hardware at egress. HSC 179.20.3(a)(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) HSC 17920.3(g) 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: Exterior surface: stucco damage. Code Violation HSC 17920.3(8) 2 Pace 5 Roo water Camage._leaks, blistering. HSC 17920.3(g) Deck/Patio: stringers, ra-iling, 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. 1...:erior Substandard Conditions: Unit A: 'x Unit has extension cord extended across`sidewalk; ,< No heat. Unit B: Kitchen sink leaks. ,\Inadequate bathroom ventilation. No heat. Tnf==ta__ee-ef re --e es. Unit C: Ceiling water stained. r 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 inhabitableroom. �< Smoke detector missing_ or-:inoperabhe'. Unit F: Under sink damaged from lavatory leak No heat. Unit G: Lavatory faucet leaks. Ceiling mildew in bath. Inadequate ventilation. >c No_hea_t, x Smoke detector-mise�ing 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(x)(12) HSC 17920.3(a)(13) UFC 10.504(a) HSC 17920.3(a)(13) HSC 17920.3(a)(13) HSC 17920.3(a)(13) HSC 17920.3(a)(11) UFC 10.504(a) HSC 17920.3(a)(13) HSC 17920.3(a)(6) HSC 17920.3(x)(13) HSC 17920.3(a)(13) HSC 17920.3(a)(7) HSC 17920.3(a)(6) UFC 10.504(a) Mcbc-4d .n V-4 i ace A_Cartmen CS Fe6ruari 22, 13-5 Page 5 A.oDRESS: 17279 MCFADDEN AVENUE Exterior Substandard Conditions: Exterior surface: stucco damage with mold. Roof: water standing, damaged, leaks. Deck/Patio: surface damage. Drs/windows/Screens: door screen missing on some units. Stairs, Landings: broken and termite damaged Wall, Fences: water damage, termite damage. Driveways, walkways: broken, raised, uneven. Landscaping: not maintained. Irrigation: broken heads, leaks. Rain Gutter/Roof Drain: blocked,'missinc drain cover, broken downspout. XElectric Panel: "o- �='M—Mr_. �e Water Heater: wall damage inside enclosure Interior Substandard Conditions: Code Violation HSC 17920.3(g) HSC 17920.3(8) HSC 17920.3(8) HSC 17920.3(a)(13) HSC 17920.3(8) TCC 5502 (m) (3) TCC 5502(m)(4) TCC 5502(m)(1) TCC 5502 (m) (2) HSC 17920.3(8) HSC 17920.3(a)(13) HSC 17920.3(e) Code Violation Unit B: Kitchen sink leaks. HSC 17920.3(e) aa3 suing:-roomdamage> HSC 17920.3(a)(13) Inadequate ventilation. HSC 17920.3(a)(7) Unit C: Kitchen sink leak damage underside. HSC 17920.3(x)(13) Kitchen cabinets falling off. HSC 17920.3(a)(13) Unit E: X=Kitchen. sink =leaks? HSC 17920.3(e) - Ceiling in bath is patched inadequately.HSC 17920.3(a)(13) _ .1` FN Se t: ASC 17920.3-(a) (6) Unit F: -Rcof-damaged ceiling from leaks. HSC 17920.3(a)(13) Unit G: Bathroom ceiling has a hole. HSC 17920.3(a)(13) ` Heater not accessible. � HSC 17920.3(x)(6) je-Smoke deEsr. ctomis"sin`g or inoperable. UFC 10.504(a) Unit H: ` Lavatory and,kitchen sink leaks undPrz-;Lde• HSC 17920.3(e) aa'k. HSC 17920.3(a) (13) Unit I`" :QE�df xcLm+�-.-_OQFrS{ HSC 17920.3(a) (13) Lavatory leaks. HSC 17920.3(e) Tnfee aerie e` Yaae S. HSC 17920.3(a)(12) Jr•iGr __r _.ice Pace 7 No heat. De�-ericrated ceiling in bathroom. ffaN - - ri Smoke etector missina-or inoperable Unit J:` j-, 3aeTr*arm i*s ern est is aattioon of roaches. Smoke detector missing or.incperable. Unit K: 4 --No' heat. - X eF Smoke detector mission ar 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: wa_er sta-d_-g, 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(8) HSC 17920.3(g) HSC 17920.3(g) HSC 17920.3(g) Exterior Fixtures: t�t2ighzrjg�xppse "HSC 17920.3(d) Wall, Fences: broken fence. Driveways/walkways: broken and raised sidewalk Rain Gutter: broken and missing. Interior Substandard Conditions: Unit A: 'Smoke=detector-missing`=or1.inoperable:; Unit 33 No XSmokd detector inoperable or missing.: Unit D: Lavatory leaks underside. :Smoke detector missing': Unit E: _Kitchen ;sink- faucet=it ••igs,- Smoke,detector_ino�peraabblt_-or__miss n TCC 5502(m)(3) TCC 5502(m)(4) HSC 17920.3(g) 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). McFadde_^. '1 ° 1130 ACarme its -. February 22, 13ac Page 8 Unit F: Moldy walls in bathroom. Unit G: _X Living room -is damp.- >:-Smoke amp. >:.Smoke detectorinoperable_or.mssssng.- - Unit H: ` Missing plaster on kitchen ceiling. Unit I: Kitchen cabinet falling off. X Smoke detector inoperable or -missing' Unit J: Kitchen sink leaks. Unit K: Shower floor is cracked. Unit L: " Clogged kitchen sink. €e5t4te�t e€ g_Q_e—eeo_'__s ADDRESS: 17283 MCFADDEN AVENUE 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(a)(13) UFC 10.504(a) HSC 17920.3(e) HSC 17920.3(e) HSC 17920.3(e) HSC 17920.3(a)(12) Exterior Substandard Conditions: Code Violation Exterior surface: stucco damage, holes in wall. HSC 17920.3(8) Roof: water damage, leaks, standing water. HSC 17920.3(8) CDeck/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 A.: Ceiling has water damage -and loose plaster in hallway. HSC 17920.3(a)(13) X,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) 5,Smoke''detectors, missing=or,_ noperableY� UFC 10.504(a) ADDRESS: 17285 MCFADDEN AVENUE Exterior Substandard Conditions: Code Violation Exterior surface: moisture damage. HSC 17920.3(g) Roo water damage, leaks; standing Ovate . HSC 17920.3(g) u a= f 22. 1 _ :?CF Deck/Patio: surface damace• HSC 17920.3(8) Drs/windows/screens: missinc 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 HSC 17920.3(a)(13) HSC 17920.3(g) Interior Substandard Conditions: Code Violation Unit A: V'Smoke detector missing or inoperable. UFC 10.504(a) Unit CHeater not operating properly. HSC 17920.3(a)(6) —Smoke detector missing or inoperable. UFC 10.504(a) Laundry room:,kbroken drywall, missing vent cover HSC 17920.3(a)(13) ADDRESS: 17287 MCFADDEN AVENUE Exterior Substandard Conditions: Code Violation Exterior surface: stucco damage. HSC 17920.3(8) Roof: water standing, damaged, leaks. HSC 17920.3(8) Deck/Patio: surface damage. HSC 17920.3(g) Stairs, Landings: treads, handrails termite damage and broken; replace broken/damaged treads and railings to units B, D, F and H. HSC 17920.3(8) Wall, Fences: fence at unit A is detached from wall. TCC 5502(m)(3) Water Heater: door to enclosure is damaged. HSC 17920.3(g) Interior Substandard Conditions: Code Violation Unit A: Broken window in living room...HSC 17920.3(a)(13) Unit C: Crack,in wall and ceiling of-bthroojn. HSC 17920.3(a)(13) Unit D: No, 'heat�. HSC 17920.3(a)(6) Unit E: �! HSC 17920.3(e) eater not -accessible. HSC 17920.3(a)(6) Unit F: - HSC 17920.3(a)(13) ''Infestation of cockroaches. HSC 17920.3(x)(12) yG:Smoke,detector missin��� noperable.; UFC 10.504(a) Unit G: 'Smoke=detirdtor�hxPs-s`Yig""6 nOperab3e. UFC 10.504(a) Unit H: XKitchen sink leaks underside. HSC 17920.3(e) =ebruary Pace 10 ,Z'Yaadeguate bathroom vents. c-z_No heat... T '' Uni t I >C mo a det ctor. miss -Ing or -inoperable, Unit J: Ceiling damage.from-ioof leak. Unit K: yc'Smoke-detector missing or.inoperable. Unit L: Ceiling stain -from -leak. ADDRESS: 17289 MCFADDEN AVENUE Exterior Substandard Conditions: Exterior surface: stucco damage. Roof: water damage, leaks. Deck/Patio: resurface, broken sheathing. Drs/windows/screens: missing some window screens. Stairs/landings: replace damaged treads to unit F. Driveways, walkways: broken, loose slab and raised Landscaping: not maintained Irrigation: broken with leaks; puddling at sidewalk. Rain Gutter: broken and missing downspout Interior Substandard Conditions: Unit A: Ceiling damage in living room from plumbing leaks upstairs unit.. Damp floors. >( Smoke detector missing or, inoperable Unit B: Kitchen sink leak. Ceiling water stained, damaged and bowed at bathroom. Smoke detector:_missing:_or_inoper'able- unit C. X li -est a_ e=_+ --o-= Unit D: ,,_,,(No ` e. � access provided.) 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) UFC 10.504(a) HSC 17920.3(a)(13) Code Violation HSC 17920.3(g) HSC 17920.3(g) HSC 17920.3(g) HSC 17920.3(a)(13) HSC 17920.3(g) TCC 5502 (m) (4) TCC 5502 (m) (1) TCC 5502(m)(2) HSC 17920.3(8) Code Violation HSC 17920.3(a)(13) HSC 17920.3(a)(13) UFC 10.504(a) HSC 17920.3(e) HSC 17920.3(a)(13) UFC 10.504(a) HSC 17920.3(a)(13) HSC 17920.3(a)(12) McFadden Village Acarcmencs February 22, 1995 Page 11 - ITnit E: Ceiling water:stained in bedroom. HSC 17920.3(a).(13) Lar. faucet leaks, water closet leaks. HSC 17920.3(e) Eeae`es. HSC 17920.3 (a)-(12')_ Unit F:_ Missing window -screens. HSC 17920.3(a)(13) Unit G: Ceiling cracked and damaged from water. leak. _.. HSC 17920.3-(a) (13) - Wall under kitchen sink damaged,. -a haliway_wa.11 HSC 17930.3'(x).(13). Smoke �detectdr missirig�z*or-iroperab1e. UFC 10.504(a) MG:kd\reports\mcfapts.att 0 G- f� Community Redevelopment Agency August 9, 1995 City of Tustin 300 Centennial Way Tustin, CA 92680 Mr. Vinay Psi (714) 573-3106 Pai-25 Ltd. FAX (714) 573-3113 3745 W. Chapman #205 - Orange, Ca 92668 Subject: Residential Rehabilitation Program, McFadden Village Apartments, 17271-17289 McFadden Ave, Tustin.. Dear Mr. Pai: I want to take this opportunity to make clear to you the funding sources that the rehabilitation program has that can help off -set the cost of rehabilitation of the subject property. I also want to make clear your responsibility to correct any code violations present at the property. At the present time, the rehabilitation program has a grant for $3000.00 for work to be done to the exterior of the property. In addition, there is another $3000.00 grant that is to be used solely to paint the exterior of the property. There is also a $1000.00 grant that is to be used to install security lighting on the exterior of the building. In addition to the grants, which do not have to be repaid, there is a deferred loan program. The amount of the loan is based upon the number of apartment units on the property. The loan is calculated at the rate of $3000.00 per unit up to $25,000.00 per property. There is a one-time simple interest charge of 716 on the loan amount. The loan has to be repaid when the property is sold, title transferred, or the property refinanced. In regards to the subject situation, upon approval by the Loan Committee, you are eligible to receive. up to $7000.00 in grants ($3000.00 for general rehabilitation, $3000.00 for painting, and $1000.00 for security lighting), and a $25,000.00 deferred loan. The total amount of funds from the rehabilitation program would be $32,000.00 The rehabilitation funds are to be used to first correct any code violations on the property. In this situation, an inspection of the subject property was done by Tustin Code Enforcement. An inspection report listing all code violation present at that time was prepared and this inspection report was sent to you. To off -set the costs to correct the code violations contained in the inspection report you. - applied for rehabilitation funds and .solicited bids for the rehabilitation work. The bids were subsequently sent to my office for review. I prepared a spreadsheet of the bids to determine how t/ Letter to Mr: Vinay Pai Residential Rehabilitation Program August 9, 1995 Page 2 C much of the total cost could be funded by the rehabilitation program and how much was to be the owner's responsibility. My letter to you of May'16, 1995 (copy attached) reviewed the bids, and asked why you proposed to reduce the scope of work. More specifically, I inquired as to why you were reducing the scope of work on the painting. Instead of having a complete painting of the property at a bid price of $28,500.00 you revised the scope and corresponding painting cost down to only $3305.00. You explained your revision to the scope and cost of the painting in your letter to me of May, 18, 1995 (copy attached). Briefly ij: was your position that since the paint grant was only in the amount of $3000.00 and the cost for the painting of all structures on the property was bid at $28,500.00 that you were planning to only paint the newly constructed areas. It was at this time that I, in an attempt to assist you even further in the rehabilitation of the property, initiated a revision to the funding level in the paint grant program. I met with city staff to determine what level of grant for your size property would be. appropriate. It was our decision that because the larger apartment complexes, such as yours are run as a business by a partnership, as -opposed to the smaller four unit buildings which are run as an investment by a single owner, that we would proposed an increase to the paint grant program to a maximum of $9000.00 per property. It was our intent to assist the property owner as much as is reasonable, while still taking into account the responsibility of the business to provide for on-going maintenance of their property. To insure that the increased paint grant amount would have a lasting effect, it was -further proposed to have a covenant executed between the property owner and City of Tustin. The covenant is to insure that the property is maintained in accordance with all city property maintenance ordinances. It is proposed to make the grant repayable if there are any violations of the property maintenance ordinance. The draft of the covenant 'and the staff report are currently being finalized by staff. The matter may be brought to the City Council very soon, when all concerns of staff and the City Attorney are addressed. Bringing all this back to the matter at hand, I feel that you have three alternatives at this point. The first option is to not use any rehabilitation program funds and complete the work required to correct all code violations. If you select this alternative you. can start work whenever your contractors have obtained. all required permits. 'Alternative -two is -to, proceed in the rehabilitat-iori program with the funding levels currently in place. -This -means that you may be eligible to receive the aforementioned.$32,000.00 in.rehabilitation - -Letter to Mr. Vinay Pai Residential Rehabilitation Program August 9, 1995 Page 3 funds. If you select this alternative, your contractors could start, work after a 'final review .of your rehabilitation application is, done by the Loan Committee, documents -signed and your contractors. procure.,the applicable -permits. Alternative three is to wait until the matter of increased funding for the paint grant program is brought before the City Council. If the increase is approved, then you would be eligible for an additional $6000.00 in grant funds to off -set the cost of exterior painting. If you select this alternative then work could start if approval is given by the City Council to the increased grant, a final review of you application for rehabilitation funds is done by the Loan Committee, documents executed, and your contractors obtain all applicable permits. , I have attached a spreadsheet that shows the bid costs, the amount of the grants and loan, and your share of the costs. I have shown what your anticipated costs would be with the current program funding levels and your cost with the increased paint grant. C I want to make it very clear that no matter what alternative you choose, you are required to perform all work in the code enforcement inspection report. In addition to this work, you will be required to paint the exterior of all buildings and structures at the subject property. While this violation may not have been initially noted in the code enforcement report, the condition of the paint on the buildings is a code violation and needs to be corrected. Should you have any questions please contact me David Gottlieb Redevelopment Project Manager dave\pa14