HomeMy WebLinkAbout2022 CON Rehabilitation Agreement - David & Maria LopezREHABILITATION AGREEMENT
BY AND BETWEEN
CITY OF NATIONAL CITY
AND
DAVID V. LOPEZ AND MARJA LOPEZ
This Rehabilitation Agreement ("Agreement") is entered into as of amok11 , 2021
("Effective Date") by and between the City National City ("City") and David V. Lopez and Maria
Lopez (collectively "Owners").
I. RECITALS
1.1. Owners control title for the parcel of residential real property known as 2525
Sweetwater Road, National City, California -nia 1 0, Assessor's Parcel Number 6 -2 0- -00
("Nuisance Property").
1.2. The Nuisance Property contains violations of State and local laws including, but not
limited to, the National City Municipal Code ("NCMC"), the California Building Standards Code
("CBSC"), and the Health and Safety Code ("HAS"), which pose a substantial danger to the health
and safety of the Nuisance Property's residents and neighbors, as well the public in general. The
Nuisance Property constitutes a public nuisance.
1.. The City has attempted to gain voluntary compliance from Owners to correct these
violations of law on the Nuisance Property since at least February 2019, to no avail.
1.. On February 1, 2021, the City issued a Legal Notice and Order to Repair or Abate
("P &. ) for the Nuisance Property, specifying the numerous violations of law identified on the
Nuisance Property and ordering complete rehabilitation of the Nuisance Property to be completed
within 30 days by March 3, 2021.
1 . . To date, the violations on theNuisance Property remain unabated, and the Nuisance
Proper remains substandard, a public nuisance, and a danger to the community.
1.6. The City recorded a Notice of Pendency of Action to Abate Nuisance ("NoP")
(attaching the Y O as an exhibit thereto) on title for the Nuisance Property on February 8, 2021
as document number 2021-0097445 with the San Diego County Recorder.
1.7. The City is authorized by law to seek the rehabilitation of the Nuisance Property by
various means, including seeking the appointment of a court receiver over the Nuisance Property,
abatement warrants, civil litigation, and by any other means authorized by law. The City is also
authorized by law to recover its abatement enforcement costs and attorneys' fees regarding its
abatement efforts against the Nuisance Property by various means, including by receiver's liens
against the Nuisance Property, abatement liens or special assessments against the Nuisance
Property, as a personal obligation of the Owners, and by any other means authorized by law.
1 of 7 —
REHABILITATION AGREEMENT
Nonetheless, s, the City is in good faith willing to work collaboratively with owners by entering into
this Agreement to avoid unnecessary litigation and hardship for the benefit of all parties, including
the City and the public.
1.8. This Agreement is intended to resolve the ongoing violations of State and local laws on
the Nuisance Property by establishing a firm deadline by which the violations must be corrected
by Owners and reimbursement to the City for its abatement enforcement costs and attorneys' fees
incurred regarding its abatement efforts against the Nuisance Property so that additional litigation
may be avoided.
1.. The City is the prevailing party for all purposes related to this Agreement, the City's
enforcement actions to date, and any future action to enforce this Agreement.
2. AGREEMENT
2.1. Recitals. The parties acknowledge and agree that all of the statements in the Recitals
are true and correct. The Recitals are hereby incorporated into and made part of this Agreement
to the same extent and the same effect as if fully set forth herein.
2.2. Violations of Law. The Nuisance Property is a public nuisance under the H&S, the
C 5C, the NCMC, and other applicable laws. The Nuisance Property contains violations of law
including, but not limited to, violations of the NCMC, the CBS C, the H&S, the California Building
Code ("CBC"), the California Mechanical Code ("CMC"), the California Residential Code
("CRC"), the California Fire Code ("CFC"), the California Electrical Code "C C" , the California
Plumbing Code ("CPC"), the Uniform Housing Code ("UHC"), and the Unifomi Code for the
Abatement of Dangerous Buildings "A " . The violations on the Nuisance Property
substantially endanger the health and safety of residents, occupants, neighbors, and the community
in general. Specifically, the violations existing on the Nuisance Property as of the Effective Date
of this Agreement include, but are not limited to, those violations listed in the City's N&O that is
attached hereto as Exhibit A and is incorporated herein. Owners agree that Owners are bound by
the N&O even should the N&O later be removed from title for the Nuisance Property.
2.3. Compliance Schedule. Owners agree to comply with the following compliance
schedule:
2. ,1. Permits. Owners agree to submit complete applications, as determined by the
City, including all submittals and full payment of all fees due for such approvals,
to the City for all permits required to bring the Nuisance Property into full
compliance by April 1, 2022. if the City determines that Owners' permit
applications are incomplete or insufficient in any way, Owners agree to resubmit
corrected, complete, and final permit applications, as determined by the City,
within 7 calendar days of the City's return or kickback of Owners' original
perlit applications.
2.3.2. Initiate Work. Owners agree to initiate work to bring the Nuisance Property
into full compliance with all applicable laws by January 15, 2022.
REHABTLTTATION AGREEMENT
2.3.3. Compliance Deadline. Owners agree to cure all violations oflaw present upon
the Nuisance Property, including all code and building violations, by June 1,
2022 "Compliance Deadline"). Owners further agree to bring the Nuisance
Property into full compliance with the H&S, the CBSC, the NCMC, and other
laws, as confirmed by the City, by the Compliance Deadline.
2.4. Continued Compliance with Laws. Owners agree to maintain the Nuisance Property
in full compliance with the law after the Compliance Deadline, as required by the H&S, the CBSC,
the NCMC, and all other applicable laws. This includes, but is not limited to, ensuring that the
Nuisance Property is fully repaired, free from violations of applicable law, and maintained in good
condition such that the Nuisance Property no longer poses a danger to occupants, neighbors, or the
public.
2.5. Inspections, Owners agree to irrevocably consent to inspections of the Nuisance
Property by City agents any day between the hours of 8 a.m. and 6 p.m. for purposes of confirming
compliance with this Agreement upon 24 hours' advance notice by the City. Notice may be
provided by posting on the Nuisance Property or via the notice address provided herein.
2.6. City's Enforcement Costs. Owners agree to reimburse the City for its abatement
enforcement costs and attorneys' fees relating to the City's enforcement efforts regarding the
Nuisance Property ("Enforcement Costs") in the stipulated reduced amount of $10,000. The
Enforcement Costs are due to the City as provided by law. Reimbursement shall be made in
accordance with the procedure provided by the City.
2.6.1. Payment Plan. Owners agree to comply with the following plan to reimburse
the City's Enforcement Costs:
2.6.1.1. Owners agree to reimburse the City the initial amount of $5,000 in
Enforcement Costs by January 15, 2022.
2.6.1.2. Owners further agree to reimburse the City the remaining balance of
Enforcement Costs due in the amount of $5,000 by November 1, 2022.
.6.2. Failure to Pay. In the event Owners do not make full reimbursement of the
Enforcement Costs owed to the City as provided in this Agreement, the City
may recover any unpaid amounts, as well as any additional amounts, fines, fees,
and costs relating to the Nuisance Property that are owed to the City by Owners
by any means authorized by law. The means of recovery authorized to the City
include, but are not limited to, recording and levying liens and special
assessments against the Nuisance Property. Owners consent to the placement of
any such liens and special assessments by the City without further notice or
hearing. Owners waive any right of appeal or hearing regarding any such liens
and special assessments.
2.7. Breach. In the event that the repairs to the Nuisance Property fail to be completed by
the respective deadlines indicated above, as determined by the City, and/or upon Owners' breach
of any provision of this Agreement, as determined by the City, the City reserves its right to seek
enforcement of this Agreement by any means available by law and to seek recovery of all costs,
—of7—
RjiIAB1LITATION AGREEMENT
fines, and attorneys' fees. Upon Owners'breach of any provision of this Agreement, as determined
by the City, Owners hereby stipulate to the issuance of injunctions to enforce thisAgreement; to
the appointment of a court receiver over the Nuisance Property to enforce this Agreement and to
bring the Nuisance Property into full compliance with the law; and to allow recovery of all fines,
costs, and attorneys' fees of the City, the court receiver, and the receivership estate via a super -
priority lien on the Nuisance Property,
2.8. Waiver of 3 Day Notice. In the event of breach of this Agreement, Owners hereby
waive Owners' right to3-day advance notice of the filing of any petition or complaint for the
appointment of a receiver as discussed in H&S section 17980.7(c).
2.9. Costs to Enforce Agreement. The prevailing party in any dispute to enforce or
interpret this Agreement shall be entitled to recover its reasonable costs and attorneys' fees arising
from the dispute from the non -prevailing party.
2.10. Reservation of Rights. The City hereby reserves its right to enforce violations of law
on the Nuisance Property or those violations currently unknown, as provided by law, and shall be
entitled to recover its full attorneys' fees and costs associated with any future enforcement action
as provided by the NCMC and State law.
2.11. Release of Liability. Owners hereby release the City, its agents, employees, attorneys,
elected officials, appointed officials and representatives, from any and all existing and future
actions, causes of action, losses, claims, demands, damages, costs, loss of use, loss of revenue,
expenses, compensation, and all other forms of damages arising from, or relating to, the code
enforcement efforts relating to the Nuisance Property, including those which Owners do not know
at the time of executing this Agreement which, if known by Owner, might have materially affected
this Agreement. However, this release provision does not extinguish, release, or discharge any of
the obligations and rights set forth and encompassed in this Agreement, The City expressly
reserves its rights to take enforcement action relating to violations on the Nuisance Property,
relating to cost recovery, and other rights of the City. The parties reserve all rights, defenses,
privileges, immunities, and claims they may have against each other arising under this Agreement
until there is full performance by each.
— 4 of
REHABILITATION AGREEMENT
2.12. Legal Notices. Notices relating to this Agreement must be in writing and sent to the
physical addresses set forth below. A Party may change its address for notices by giving notice as
required by this provision. Written notice will be considered effective: (a) the day it is personally
delivered or actually received; (b) five business days after deposit with the United States Post
Office as certified first-class mail with return receipt requested and postage prepaid; ore two
business days after deposit with a reputable overnight delivery service for next day delivery.
2.12.1. City
Charles E. Bell, Jr., City Attorney
City Attorney' s Office
City of National City
1243 National City Boulevard
National City, California 91950
2.12.2. Owners
David V. Lopez and Maria Lopez
2525 Sweetwater Road
National City, California 91950
2.13. Civil Code 1542 Waiver. Owners further waive Owners' rights arising under Civil
Code section 1542, which reads as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO
EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING
THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST
HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT
WITH THE DEBTOR,
2.13.1. Owners represent and warrant that Owners understand and acknowledge the
significance ce and consequence of this waiver of Civil Code section 1542. Owners further waive
any provisions that may exist under federal law, or the laws of any other state that may have
jurisdiction over the claims released herein, that are similar in language, purpose, or effect to Civil
Code section 1542. Except as otherwise expressly provided in this Agreement, Owners agree that:
(a) this Agreetnent shall be effective as a bar, waiver, and release of each and every known or
unknown claim, demand, cause of action, obligation, damage, and liability mentioned in this
Agreement; and (b) it is Owners' intent to provide a full and final release of all claims against and
obligations of any and all releases referred to above, including claims and obligations that are not
presently known n or anticipated.
2.14. Successors. This Agreement and all terns, conditions, and obligations contained herein
are binding upon and inure to the benefit of any successors -in -interest of the parties, and may be
recorded on title.
2.15. Transfers. Neither this Agreement, nor any interest, right, duty, or obligation herein,
may be transferred, assigned, delegated, conveyed, hypothecated, or encumbered without the prior
written approval of the parties.
REHABILITATIO N A GRE EMN 1
2.16. Governing Law. This Agreement shall be governed and interpreted in accordance with
the laws of the State of California.
2.17. venue. The venue for any disputes arising out of this Agreement shall be in the County
of San Diego, California,
2.18. Modification. This Agreement can only be changed, modified, amended,
supplemented, or rescinded in a separate writing signed by all parties.
2.19. Waivers. A waiver of any provision of this Agreement rust be in writing. Failure to
insist upon strict performance of any provision, right, duty, or obligation in this Agreement is not
a waiver of the right to future enforcement of that provision, right, duty, or obligation, nor any
other provision, right, duty, or obligation.
2.20. Severability. If any of the provisions of this Agreement are found to be unenforceable,
those provisions shall be reformed to prevent the unenforceable result in a manner that best
preserves the original intent of the provision to the fullest extent possible, and all other provisions
of this Agreement shall remain in full force and effect.
2.21. Integration. This Agreement constitutes the final, complete, and exclusive expression
of all the terms and provisions of the agreement between the parties. This Agreement supersedes
any previous agreements or negotiations between the parties, whether oral or written.
2.22. Legal Counsel. The parties represent that they have had the opportunity, whether or
riot they have chosen to do so, to discuss this Agreement with legal counsel, and this Agreement
shall not be interpreted in favor of, or against, any party.
2.23. Counterparts. This Agreement may be signed in counterparts, each of which shall
constitute an original.
REIIABILITATION AGREEMENT
3. SIGNATURES
3.1. By signing below, the signatories represent and warrant that they were duly authorized
to execute this Agreement, and the parties hereby agree to all the terms and conditions set forth in
this Agreement
CITE. OF NATIONAL CITY
Dated: o►
OWES
By:
Dated: _ By:
By: takko
Its: 4'-(vokaupticrau2_,...
CITY OF NA1 I N L CITY
DAB V. LOPEZ
Dated: By:
REHABILITATION AGREEMENT
EXHIBIT A
LEGAL NOTICE AND ORDER TO REPAIR OR ABATE
ISSUED FEBRUARY ARY 1, 2021
- EXHIBIT A
N&
aao-�-•p44.44,10C,JRNA ►
Elrt
tAteottitmilito
LEGAL NOTICE
AND
ORDER. TO REPAIR OR ABATE
[Issued pu.rsuant to California Health. and Safety Code section 17980 et sequent;es.]
DELIVERED VIA ThING ON NUJSANCE .PROPERTY AND FIRST-CLASS MAIL AND CERTIFIED MAIL,
RETURN RECEIPT REQUESTED, To INTERESTED PARTIES AND THE -14\ UISANC PROPERTY
Date: February 1, 2021
Nuir y,: 2525 Sweetwater Road
National City, California 91950
A. N:5 -250- 6-00
Com February 11, 2021 (10 days)
Com letion Deadline: March. 3, 2021 (30 d.ays)
UpEested Parties:
n��
David V, Lopez
2.525 Sweetwater Road
National City, California 91950
Mortgage Electronic Registration Systems,
Inc.
c/o Gen act Registered Agent, .., agent
15420 Laguna Canyon Road, Suite 100
Irvine, California 92618
To All Interested Parties:
Maria. Lopez
2525 Sweetwater Road
National City, California 91950
American Mortgage twork, Inc.
c/o The Company Corporation, agent
251 Little Pales Drive
Wilmington., Delaware 19808
This Legal Notice and Order to .e .ir or Abate "N& " issued r uanto Health n
Safety Code "H&S" section 17980 et sequentes, It has been determined by the City of National
City ("City"that the parcel of real property er. y located at the address s and. Assessor's Parcel Number
("APN") identified above ("Nuisance Pro erty" contains uniawf i conditions that constitute a
public ui an e and which pose a substantial danger to the health, safety, and general welfare
1 of
the occupants, the surrounding community, and the public, These unlawful conditions are in
violation of multiple provisions of law, including, but not limited to, the &S, the California
Building. Code ("CBC"), the California Building Standards Code "C SC" , the California
Mechanical Code ("CMC"), the California Residential Code ("CRC"), the California Fire Code
("CFC"), the California Electrical Code "C C" , the California Plumbing Code ("CPC"),the
Uniform Housing Code ("tale"), the Uniform Code for the Abatement of Dangerous Buildings
("ADB"), and the National City Municipal Code ("NCMC").
The `ollo in unlawful conditions were identified during a recent inspection of the
Nuisance Property (this may not be an exhaustive list of all violations and the City retains the right
to identify further violations as they are discovered):
1. Building Manifestly Unsafe. The Nuisance Property has three units on the Nuisance
Property which are manifestly -unsafe because the construction quality of the units is
extremely substandard. Due to the unsafe conditions of the three units, they must be
vacated immediately to avoid serious injury or death to any occupants. Further, there
are many violations of building, electrical, mechanical, and plumbing codes rendering
the Nuisance Property manifestly unsafe. Repair or demolish the structures on the
Nuisance Property to meet all building code standards and obtain all necessary permits
to bring all structures on the Nuisance Property into compliance. I&S,
1 2O a 1 , b 1 , b —(, (c), (g), (k); CBC, § 116,1; IJHC, § 601.1,
1001.5, 1001, , 1001.7; AD , § 302(9), 1 ; NCMC, § 1 , 50, 01 )
2. Building Code Violations. Numerous conditions on the Nuisance Property such as
the three =permitted dwelling units contain severe building code violations. The
three unpermitted dwelling units at the rear of the Nuisance Property need to be
vacated immediately because they are unsafe to occupants and failing to vacate the
units could result in serious injury or death due to the inferior construction of the units.
Make aH necessary repairs to meet building code standards, which may include
demolishing the three rear dwelling units, Obtain all necessary permits to do so.
(H&S, § 1' 0, , 1 ; CBC, § 11 ,1; UHC, § 1001.1, 1001,3; ADB, § 302(9);
NCMC, § 15.0 .010,15.10.005,15.1 .0 ,15, 0.010.
3, Unpermitted Construction. The Nuisance Property's structures contain u p rmitted
construction. For example, there is an unpermitted addition to the main dwelling, an
=permitted patio cover, and three unpermitted dwelling units, Unpermitted
construction often contains serious latent defects that can undermine structural
integrity and create a severe life and safety risk due to risk of either partial or total
collapse. Obtain all required permits. Remove any structure, wall, window or
framing, which by improper installation or inappropriate use creates a hazard to any
person or property. (H&S, § 17 201 b , (c); CBC, § § § L8.4. 1, 105.1, 116.1; CRC,
R 10 ,1; ADB, § 302(9), (17), L HC, § 1001.1, 1001.3; NCMC, § 15.0 .010,
15.10. 10, 15,1 .010,15.50, 010, 15.79.010)
4. Unpermitted and Unsafe Storage Shed. The storage shed at the south west end of
the Nuisance Property needs to be removed and/or demolished because it is in the side
and front yard setback which is not permitted. Remove or demolish the storage shed
and obtain all necessary permits prior to performing work. &S, § 1 9201 b , c ;
CBC, § 11 .1; MC, §4§ 601.1, 1001.3; ADB, § 302(9); NCMC, §§ 15.0 .010,
15,10,005, 15,1 .005.
—2 of —
Unperatitted Room Addition. Main Dwelling. The main dwelling contains an
unpermitted room addition to the west side of the existing dwelling. Unpermitted
construction often contains serious latent defects that can undermine structural
integrity and create a severe life and safety risk due to risk of either partial or total
collapse. Further, there is a submeter incorrectly installed on the exterior of the
unpermitted addition and buried in stucco, which is substandard. Demolish the
unpermitted room addition or immediately seek permits and make any necessary
repairs so that the room addition no longer poses health and safety hazards to
occupants. Remove the incorrectly installed submeter as it is not permitted. & S ,
17920.30), ,C C, §1...1,105.1,1 .1; C, §6O1.1 lOOi. ; ADB,
302(9), (13); NCMC, §§ 15.08.010, 1 .10,00 , 15.1 ,00 , 15.50,010.)
6. Unsafe and Unpermitted Water Heater. Main Dwelling. The Nuisance Property
contains a water heater that is unsafe and unpermitted in the main dwelling. Due to
the incorrect installation, the unpermitted water heater in its current state is a life and
safety hazard to the occupants. Remove aor re -install the water heater so that it
meets the legal requirements so that it no longer poses a life and safety hazard to the
occupants. Permits are required for removal and installation. 186, 17 20, c ,
e); CC,§j1, . .1,11 .1;U C, § 101. ; §§ 1 ,1 .00 ,15.50.010.)
7. Unpermitted Construction. Carports. The carport on the south east end of the
Nuisance Property contains unpermitted construction of two walls, There is also
unpermitted construction of an extended storage room to the wall on the east side. On
the west side of the Nuisance Property there is an unpermitted tube framed carport.
Unpermitted construction often contains serious latent defects that can undermine
structural integrity and create a severe life and safety risk due to risk of either partial
or total collapse. The unpermitted construction must be immediately demolished or
permits must be obtained to convert the carport into a garage. H& S, § 17920.30),
(c); CBC, §§ 1.8.4.1, 105.1, 116.1; UHC, § 1001.1; ADB, § 302(9); NCMC, §
15.08.010, 15.10.005, 15.16.005, 15.50.010.)
8. Unpermitted and Unsafe Electrical. Carports. The carport on the south east end
of the Nuisance Property contains unpermitted electrical wiring that does not meet
code standards. The carport on the west side of the Nuisance Property has electrical
cords strewn on the ground which are connected to the main dwelling, Unpermitted
and substandard electrical wiring is dangerous because it poses a risk of electrical
shock and fire that can endanger the occupants. Remove all unsafe wiring and
extension cords and obtain all necessary permits. (I[-I&S, § 17920.3(d); CFC, § 1201.2;
C C § 1 O 2; UHC, § 1001.5; ADB, § 302(9); NOMO, §§ 1 .10,00 , 15.16.005,
15,50.010.)
9. Electrical Haar. Substandard Electrical Meter. At the rear of the main dwelling
on the Nuisance Property there is a substandard electrical service meter. The meter
needs to be upgraded to a minimum of 100 amps to meet code requirements. A meter
that does not meet code requirements poses electrical hazards to the occupants such as
the electrical not functioning properly and this may cause life safety dangers. Upgrade
the current meter to meet code standards and obtain all necessary permits before
commencing work. &S, § 17920.3(d); CEC, § 11 .2; UHC, § 1001.1; ADB,
302(9); NCMC, §§ 15.10.005, 15.16.010, 15.24.005.)
10. Electrical Hazard. Missing Dead Front. The dead front for the blank covers for the
unused breaker openings for the main dwelling on the Nuisance Property is missing.
This is a hazard because it exposes the breakers which could cause an electric shock
or fire. Replace thdead front so that this is no longer an electrical hazard. Obtain all
necessary permits before commencing work. . 1&S, § 17920.3(c); UHC, § 1001.1;
ADB, § 302(9); NCMC, §§ 15.10.005, 15.16,005, 15.50.010.)
ii. Electrical Hazard. Electrical Feeders. The el e rical feeders for the Nuisance
Property coming into the weather head are too low. The minimum height per the GEC
is 12 feet. This does not meet code standards and poses life and safety dangers to
occupants. Immediately repair his electrical work so that it meets code standards.
Obtain all necessary permits before commencing work. (H&S, § 17920.3(4 (d);
CEC, § 2 0,24 2 ; U C § § 1001,1,10 1.5; ADB, § 3 2 ; NCMC, §§ 15.10.005,
15,16.005, 15.2 . 05,15.50.010.)
12. Electrical Hazard. Unsafe Electrical Wiring. Rear Dwellings. There is unsafe
electrical wiring that has been added to the three unpermitted rear dwellings on the
Nuisance Property. This electrical wiring is unpermitted and substandard.
Unpermitted installation of electrical wiring often contains serious latent defects and
poses a risk of fire and shock hazards to the occupants. Remove the unsafe electrical
wiring or acquire permits and repair the wiring so that it conforms to applicable code
standards. -I& S, § 1 2 . c , (d); CB C, § § 1.8.4.1, 105.1, 11 .1; CRC, § 110.2;
UHC, § 1001.1, 1001.5; ADB, § 302(9);NCMC, §§ 15.0 .010,15.10.005, 15.16.005,
15,24.005,)
13. Unpermitted Construction. Gas Lines. Gas lines from the main dwelling have been
tapped and connected to three rear non -permitted dwellings. Unpermitted construction
often contains serious latent defects and gas lines being improperly installed poses a
risk of fire and life safety dangers to occupants. Remove the unsafe gas lines so they
no longer pose life safety dangers. Obtain all necessary permits before commencing
work. I&S, § 1.7920.3(c), , CBC, §§ 1. . .1,1 5,1, 116.1; C § 1001.1; ADB,
3 02 ; NCMC, § § 15.10.005, 15.1 .005, 15. 5 0. 1 ,
14. Unpermitted Construction of Roof Structure. Rear Dwellings. An unpermitted
roof structure has been constructed over the one story non -permitted rear dwelling at
the north east end of the Nuisance Property. The additional weight to the non -
permitted dwelling structure poses a risk of collapse because the dwelling may not be
able to bear the extra weight. Immediately demolish the unpermitted roof structure
and obtain all necessary permits before commencing work. (H&S, § 17920. b) 5 ,
(7), (k); CBC, §§ 1.8.4.1, 105.1, 116.1; UHC, § 1001.1, 1 01, ; ADB, § 302(8), (9);
NCMC, § 15,0 . 1 , 15.1 .005, 15.16.005,15.50.010.)
15, Improper Egress. Bedroom Windows. Rear Dwellings. The bedroom windows of
the rear dwellings on the Nuisance Property do not meet building egress standards
because the windows are too high. The current height of the windows is substandard
and could pose life safety risks to occupants in the event of a fire. Immediately
demolish or repair the structure in such a manner to meet code standards. Obtain all
necessary permits before commencing work. &S, § 1 20.3(k), (1); CBC, §§
1. A.1, 1 .5.1, 1161; UI-IC, § 1 01.1, 1 1.12; NCMC, §§ 15,08,010, 15.10.005,
15.16.005, 15
o —
16, Substandard Building. Interior Walls. Rear Dwellings. The interior wall
openings/passages to other rooms within the unpermitted rear dwellings on the
Nuisance Property contain walls which are too low and not to the minimum height
requirements from the floor to the top of the opening. This is substandard and the
dwellingmust be repaired in such a way to meet code standards. Obtain all necessary
permits before commencing work. 18 S, § 17 20 # 3 k ; CBC, § § 1. , .1, 105.1,
11 ,1; UHC, § 1001.1, 1001.3; NCMC, §§ 15.08.010, 15.16.005, 15,50.010.)
17, Mechanical Hazard. Rear Dwellings* The kitchen hood in one of the unpermittect
rear dwellings on the Nuisance Property is vented with a flexible duet. This poses a
mechanical hazard because grease will accumulate within the ridges of the flexible
ducting and could cause a fire, Immediately remove the substandard and itch n hood so
that it no long poses life safety risks. I&S, § 1 ' , ); CBC, § 116.1; UHC,
1001.7, 1001.9; ADB, § 302(9); NCMC, §§ 15.08.010, 1 ,10. 0 , 1516005,
15.50.010,)
18. Fire Hazard. Kitchen. Rear Dwellings. The kitchen lamp on the ceiling of the
second story unit on one of the rear dwellings on the Nuisance Property is missing a
cover. This poses a fire hazard because the cover helps prevent a fire, Install a cover
so that the kitchen lamp does not pose a risk of fire. This is in addition to obtaining
all permits necessary for the rear dwellings as they are an unpermittedstructure,
(H&S, § 17920. c ; CFC, § 301.1; UHC, § 1 01. 9; NCMC, §§15,16.005, 1 .2 , 010.
19. Unpermitted Construction. Second Story of Rear Dwelling. The second story of
one of the rear dwellings on the Nuisance Property contains unpermitted construction
of walls and doors. It also contains unpermitted electrical work. Unpermitted
construction often contains serious latent defects that can undermine structural
integrity and create a severe life and safety risk due to risk of either partial or total
collapse. The unpermitted construction must be immediately demolished. Obtain all
necessary permits before commencing work. (H&S, § 17920.3(4 (d); CEC, § 110.2;
UHC, § 1001.1, 10 1.3, 1 01, ; ADB, § 302(9); NCMC, §§ 15.10.005, 15.16.005,
15,50,010.)
20. Substandard Building. Stair Risers. Rear Dwellings. The stair risers within one
of the rear dwellings are substandard because they are not equal in height. This poses
a tripping hazard for occupants and it is not safe. Repair the stair risers so that they no
longer pose a safety hazard to occupants. Obtain all necessary permits before
commencing work. II&S, § 1 20. b 2 ; CBC, § 116.1; UHC, § 1001,1, 1001.3;
ADB, § 3 2 9 ; NCMC, §§ 15,08.010. 1 .1.0,0 , 15.16.005, 1. 0.01 .
21. Substandard Building. Staircase. Rear Dwellings. The staircase within one of the
rear dwellings on the Nuisance Property leading up to the second story of this unit has
treads which are not level and it has open risers. Also, the handrails are not continuous.
Overall, the staircase is substandard because it is not stable and secure due to the
support posts not being anchored or attached to the stair stringers properly and the
staircase is very unsafe. Immediately repair the staircase so that it is no longer a safety
hazard to the occupants. Obtain all necessary permits before commencing work.
§ 17 20, 2 ; CBC, § 116.1; UHC, § 1001 w 1, 1001.3; AN3, § 302(2), (9);
NCMC, §§ 15.08.010, 1 .1 .00 ,15.16005, 15.50.010,E
22. Substandard Building. Deteriorated Deck. Rear Dwellings. The deck at the top
of the stairs is very deteriorated. This is dangerous to occupants because there is a risk
of falling through the deck and gravely injuring oneself. Repair or demolish the deck
so that it no longer poses a safety hazard. &S, § 1 92 t3 b (2); CBC, § 116,1 UHC,
1001.1, 1 1. ; ADB, § 302(8), (9); NCMC, §§ 15.08.010, 15.10,005, 15.16.005,
15.50.010,)
23. Substandard Building. Electrical Hazards. Rear Dwellings. The electrical work
within the rear dwellings on the Nuisance Property is substandard due to their being
broken receptacle covers and no GFCI's at the kitchen counters. Additionally, power
switches are buried in the sheetrock and have no cover plates. Substandard electrical
work poses risks of shock and fire to occupants, Remove and repair the electrical work
to meet code standards. Obtain all necessary permits before commencing work.
(H&S, § 17920. c, d); C, §§ 1.8.4.1, 105.1,11 .1; CC, § 110.2; UHC,
1001.1; AD , § 302(9); NCMC, §§ 15.08.010, 15.10.005, 15.16.005, 15.24.005.)
24. Substandard Buil in . Bathroom. Rear Dwellings. There are large holes in the
walls in one of the bathroons of the rear dwellings on the Nuisance Property, some of
which is exposing the plumbing under the bathtub. This is substandard, and it creates
an opportunity for water and moisture to settle into the holes which creates an
environment where mold can easily grow. Repair the holes so that the walls in this
bathroom are no longer substandard. Obtain all necessaly permits before commencing
work. &S, § 17 2 . b ; CPC, § 30 . ; CBC, § 11 ,1; UHC, § 1001.1, 10 1.3,
1 1. ; ADB, § 302(7),(9);NcMC, § § 1 . .010; 15.10.005, 15.16.005, 15,20.005,
15,50,010.)
25. Substandard Building. Bathroom. Broken Tile. One of the bathrooms on the
Nuisance Property has a shower with broken tile near the entrance to the shower. This
is hazardous because the broken tile could injure an occupant. Repair the broken tile
to meet code standards. (H&S, § 1 2 0 . a 14 , (b)(2); CBC, § 116.1; 1-IC,
1001.1, 1001.2; NCMC, §§ 1 .0 . 1 ,15.16.005.)
26. Fall or Tripping Hazards. There are multiple fall or tripping hazards throughout the
Nuisance Property. For example, one of the bathrooms on the Nuisance Property has
a shower with broken tile near the entrance to the shower. This is hazardous because
the broken tile could injure an occupant. Abate all fall or tripping hazards. &S,
1 2 , . 14 , (c); NCMC, § 15.50.010.)
27. Faulty Weather Protection. Rear ,r Dwellings, The back side of the rear dwellings
contain exterior walls which are exposed to the elements. This is dangerous because
this faulty weather protection and exposure to the elements has likely caused
deterioration to the structural elements of the dwellings. Repair the faulty weather
protection so that it no longer poses structural hazards. Obtain all necessary permits
before eommencing work. MS, § 1 2 . 2 ; CBC, § 116.1; UHC, § 1 01,1,
10 1. ; ADB, § 302(9); NCMC, § 15.08.010, 15.10.005, 15,16,005, 15 , 5 0.010 .E
28, Unpermitted Patio Cover. Behind the three impermitted dwellings on the Nuisance
Property there is a large patio cover, The patio cover is unpermiued, and it is poorly
constructed. Unpermitted construction often contains serious latent defects that can
undermine ine structural integrity and create a severe life and safety risk due to risk of
either partial or total collapse. Remove e the patio cover so that it no longer poses and
—6 of
life and safety risks. (EMS, § 1792O.3 ,(e); UHC, § 1001.1, 1 01,3; NCMC, §
1 .1 .00 15.50.010.)
29. Zoning Violation. Camping Trailer. There is a camping trailer parked in the setback
of the Nuisance Property. The camping trailer needs to be removed from the setback.
Immediately remove the camping trailer to conform with applicable zoning laws.
(H&S, § 17920.3(e); NCMC, § 18,20.030(A).)
30, Unpermitted Retaining Wall and Stair's On the rear of the Nuisance Property, there
is large retaining wall which is unpermitted. Part of the wall appears to be leaning
due to poor construction. There are also poorly constructed stairs next to the retaining
wall which do not meet building code standards and they are unsafe. Remove the
unpermitted retaining wall and install a permitted retaining wall. You will likely need
to retain a structural engineer to submit necessary plans in order to get permits issued.
(H&S, § 17920.3 , 1 CBC, §§ 1...1, 105.1, 116.1; UDC, § IOOL1, 1001.3,
1 01.10; ADB, § 302(1), (9), (10); NCMC § 1 .o ro 1 , 1 ,1 . 0 , 15.16.005,
15.50.010.)
31. Junk and Debris Creating Fire Hazard. The Nuisance Property contains excessive
amounts of junk, trash, and other debris scattered throughout the exterior and storage
sheds. All junk and debris must be cleared from the Nuisance Property to reduce the
fire and health hazards. Accumulation of junk and debris can serve as a harborage for
vermin, which spread illness and damage property. Excess debris also facilitates the
spread of ire and places occupants and first responders in peril. (H&S,
17920.3 a 14 , (c), (j); CFC, § 30 ,1, 304.1.1; CBC, § 116.1; UHC, § 1001.9,
10 1.11; NOW, §§ 7.12.0 0,1 .0 . 10,15.1 .00 15,28,010.)
.
32. Missing Smoke Detectors. Required smoke alarms are missing or inoperable
throughout the Nuisance Property. This is a dangerous problem if a fire were to erupt
at the Nuisance Property. Repair or replace all missing or inoperable alarms. H&S,
17920.3(c); CBC, §116.1, 2 . ;CFC,§9 7. .11. ;NCM , § 15..01 •
33. Missing Carbon Monoxide Detectors. The carbon monoxide alarms are missing or
inoperable throughout the Nuisance property. Repair or replace all missing or
inoperable alarms. (H&S, § 17920.3(c); CBC, §§ 11 ,1; CFC, § 9 . ; NCMC,
15.08.010.)
34. Lack of Proper Landscaping. The parcel lacks proper landscaping. Properly
landscape the parcel in conformance with the City of National City Municipal Code.
This includes removing overgrown, dry, or dead law., shrubs, and weeds, and
installing proper ground covering, (I-I&S, § 17920.3(c), 6); CMC, § 15.50.010.)
35, Weeds. Remove all dead and overgrown weeds. Weeds can contribute to the spread
of fire. &S, § 17920.3(c), (j); NCMC, § 15.50.010.)
36. Vegetation Fire Hazard The exterior of the Nuisance Property contains
unmaintained landscaping, including dead and overgrown vegetation. For example,
the yard areas contain dead and overgrown vegetation, and unmaintained landscaping.
Dead or overgrown vegetation constitutes a fire hazard and must be abated. Remove
overgrown weeds and vegetation. (H&S, § 1792 .3 o , (j); CFC, § 3 f ,2; NCMC,
15.50.010,)
of
37. Unsafe Property. The Nuisance Property is unsafe. Abate all elements rendering the
Nuisance Property unsafe, including all code and building violations of law. MS,
17 2 , c ; NCMC, § 15.50.010.)
38, Public Nuisance. The Nuisance Property is in such a condition as to constitute a
public nuisance, (H&S § 1 92o, e ; NCMC, § 15.50.010.)
39. Visual Blight. The Nuisance Property in its current condition is an eyesore and a
source of blight within the community. Blight attracts crime and reduces the property
values of innocent neighbors. Bring the Nuisance Property into compliance with all
relevant local and State laws, as well as into conformity with the maintenance
standards of the rest of the community. H&S, § 17 20.3 c ; NCMC, § 15.50.010.)
40. Attractive Nuisance. The Nuisance Property has become so dilapidated and
deteriorated as to become an attractive nuisance to children, trespassers, and transients,
The uunmaintained condition of the Nuisance Property also invites vandalism. In order
to protect the health and safety of occupants, neighbors, and the community, remove
all conditions creating attractive nuisances. T- &S, § 1 2 . a l4 , e ; ADB,
302(9), (12), (17), (18); NCMC, § 15.50.010,)
Pursuant to the H&S, the C C, the CSC, the CMC, the CRC, the CFC, the CEC, the
CPC, the UBC, the ADB, and the NCMC, the buildings and structures on the Nuisance Property
are dangerously substandard and constitute public nuisances,
Therefore, pursuant to H&S section 17980.6, you are hereby ordered to repair or
abate all code violations on the Nuisance Property, including, but not limited to, all unlawful
conditions identified herein. Work to abate these unlawful condition must begin within 10
days, inclusive of permit applications ("Compliance Initiation Deadline"), and must be
completed within 30 days ("Compliance Completion Deadline") or you will be subject to
further legal action.
The legal consequences for failure to initiate rehabilitation and correct the unlawful
conditions identified above by the Compliance Deadlines may include administrative fines and
civil remedies such as injunctions, penalties, and an application for the appointment of a court
receiver over the Nuisance Property. Furthermore, you will be held liable for all costs, fees, and
expenses, including all inspections costs, investigation costs, enforcement costs, abatement costs,
court costs, litigation expenses, attorneys' fees, and administrative expenses, incurred by the City
in inspecting, identifying, investigating, enforcing, prosecuting, and abating all unlawful
conditions on the Nuisance property,
Repair or abatement of some of the unlawful conditions identified above may require you
to obtain air quality, building, and demolition permits. You are obligated to obtain these permits
in time to complete the rehabilitation of the Nuisance Property by the Compliance Completion
Deadline. Failure to apply for all necessary permits prior to the Compliance Initiation Deadline is
a violation of this N&0.
Pursuant to FI&S section 17980(d), you are hereby notified that, in accordance with
Revenue and Taxation Code sections 17274 and 2443 , 5, a tax deduction may note allowed for
interest, taxes, depreciation, or amortization paid or incurred in this taxable year for the Nuisance
Property. Pursuant to &S section 170. c , you are hereby notified that you cannot retaliate
against lessees of the Nuisance Property pursuant to Civil Code section 1942.5.
If you have any questions regarding this N&O, you may Ot t the undersigned.
Ronny Soriano
Code Conformance Offit
CITY OF TI .L CITY
619-336-4317
Luis Sainz
Building ing Official
cia
Crry OF NATIONAL CITY
6.19- - 21