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HomeMy WebLinkAbout2004/11/08 Board of Appeals & Advisors Agenda PK ACTION AGENDA BOARD OF APPEALS AND ADVISORS Chula Vista, California Public Services Building 276 Fourth Avenue Monday, November 8, 2004, 5:15 p.m. Chula Vista, CA 91910 CALL TO ORDER: Romo P Monaghan P Snider P West P Flach P Nagorski P 1. APPROVAL OF MINUTES: Regular Meeting of June 14, 2004. Minutes approved (7-0). Member Romo then recused himself citing conflict of interest re: defendant in appeal. 2. PUBLIC HEARING: APPEAL NOTICE AND ORDER TO ABATE; (Case No. C04-0011 & H104-0158) APN#622-140-36-00 Consideration on whether to uphold City's Notice and Order to Abate served to Heriberto Gutierrez, 2681 Main Street, Chula Vista, CA 91911 (ETC Motel Appeal was and Eddie's Tires, Mufflers and Auto Repair Center) Denied (6-0-0-1) Meeting adjourned at 9:45 p.m. to regularly scheduled meeting on December 13, 2004. I declare under penalty of perjury that I am employed by the City of Chula Vista in the department of Planning and Building and that I posted a copy of this Agenda on the Bulletin Board at the Public Services Building. Date: 3 Signed: ~sa~i, :L.1 CITY OF CHULA VISTA BOARD OF APPEALS AND ADVISORS REGULAR MEETING AGENDA Monday - 5:15 p.m. Public Services Building November 8, 2004 Conference Room No. 1 276 Fourth Avenue Chula Vista, CA 91910 CALL MEETING TO ORDER/ROLL CALL 1. DECLARATION OF EXCUSED/UNEXCUSED ABSENTEEISM: 2. APPROVAL OF MINUTES: Regular Meeting of June 14, 2004 3. NEW BUSINESS: A. Notice of Appeal: Eddie's Tires Mufflers & Auto Repair Center 2677 Main Street, Chula Vista, CA 91910 4. CHAIRMAN'S COMMENTS/REPORTS: 5. BUILDING OFFICIAL'S COMMENTS/REPORTS: 6. COMMUNICATIONS (PUBLIC REMARKS/WRITTEN CORRESPONDENCE): 7. ADJOURNMENT TO REGULARLY SCHEDULED MEETING ON DECEMBER 13, 2004. B D REMP, C.B.O. DAT~ ASST. DIR. OF PLANN G & BUILDING/BUILDING OFFICIAL SECRETARY TO THE BOARD OF APPEALS AND ADVISORS COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT The City of Chula Vista, in complying with the Americans with Disabilities Act (ADA), request individuals who require special accommodations to access, attend, and/or participate in a City meeting, activity, or service, request such accommodation at least forty-eight hours in advance for meetings and five days for scheduled services and activities. Please contact Judi Bell, Secretary, for specific information at (619) 691-5007 or Telecommunications Device for the Deaf (TDD) at (619) 585-5647. California Relay Service is also available for the hearing impaired. /JB (J:\Planning\JudiB\Board of Appeals & Advisors FY2004-2005-11.08.04) ~`rr, CIiY OF ~I'~~~C VOA PLANNING & BUILDING DEPARTMENT NOTICE OF ADMINISTRATIVE HEARING Date: October 26, 2004 Administrative Action: Appeal of Notice and Order to Abate (C04-0011 & HI04-0158) Requestor: Heriberto Gutierrez Location of Violation: 2681 Main Street, Chula Vista, CA 91911 APN # 622-140-36-00 Please be informed that your request for an Administrative Appeal Hearing has been granted and shall be heard as follows: Date: November 8, 2004 Time: 5:15 P.M. Location: 276 Fourth Avenue, Chula Vista, CA 91910 Public Services Building, Conference Room # 1 The hearing procedures shall be in accordance with the attached Chula Vista Municipal Code Section 1.40.020. We understand that you will appear with Mr. James C. Stevens, Esq. As your legal counsel Board of Appeals and Advisors c/o Code Enforcement Office Specialist 276 Fourth Avenue, MSB 200 Chula Vista, CA 91910 City Staff to Appear: Joan. T. Schmid, Code Enforcement Officer, Don Johnson, Senior Code Enforcement Officer, Gary Edmonds, Fire Inspector and David Hanson, Deputy City Attorney. COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT The Cify of Chula Vista, in compliance with the Americans with Disabilities Acf (ADAJ, asks individuals who require special accommodation to access, attend, and/or participate in a City meeting, activity, orservice, to request such accommodation of least forty-eight hours in advance for meetings and five days in advance for scheduled services and activities. Please contact the Building Division Secretary at 619-691-5007. Attachment: Hearing Packet xc: James C. Stevens, Esq., 402 West Broadway, Suite 400, San Diego, CA 92101 (619) 934-9946 ~~I// PRIDE AT W O R K 276 Fourth Avenue nns a-zoo www.chulavistaca.gov Chula Vista, CA 91910 Post-Consumer Recycled Paper ~~I/i CfiY OF CHUTA V15TA Department of Planning and Building Date: October 28, 2004 To: Board of Appeals and Advisors, City of Chula Vista, CA From: Joan Schmid, Code Enforcement Officer Subject: Appea( of Notice and Order to Abate (C04-0011 & H104-0158) 2681 Main St., Chula Vista, CA 91911 (APN# 622-140-36-00) 1. Nature of the Violation and Remedy: The violations on the property stem from the two illegal uses currently present on the property that combined form a hazardous situation for patrons of the motel: • The ETC Motel was a legal non-conforming use on the property when the City annexed the parcel in 1986 but has lost this protected status by constructing building additions without a permit after annexation. ¦ Eddie's Tires, Mufflers and Auto Repair Center which was a legal non- conforming use as a retail auto parts store at the time of annexation but lost this protected status when the use expanded in scope to include auto repair and expanded in size when a number of buildings and roofed areas were added without building permits and without a conditional use permit. The auto repair use wraps around more than three sides of the parcel and abuts the motel building. The fuel load present in the auto repair shop consists of stacked tires, petroleum products and solvents typically used in auto repair but not stored or disposed of in a safe manner. Welding is performed on the property. In a fire scenario, an unusual life endangerment occurs as the motel patrons would have to exit into the middle of the parcel where they would be surrounded by the fire fuel load. There is only one clear exit off of the site for motel patrons. If that single exit is blocked the patrons are at serious risk. Both the previous San Diego County Zoning Code at the time of annexation and the current City of Chula Vista Zoning Code does not permit the motel use on this parcel. (APN# 622-140-36-00). Joan T. Schmid Page 1 _ 10/26!2004 - ~ 681 CITY OF CHULA VIST3 ~G x]002 ~ ' ' JPLICATE RECEIPT DUPLICATE RECEIPT .CITY OF CHULA VISTA tr FINANCE DEPT l\1~~ - 276 POURTN AVE CHULA VISTA CA 91910- (619) 691-5250 ;EG-RECEIPT:02-0121819 C:Sep 22 2004 C17Y CfF ;ASMIER ID:H 1:33 pm A:Sep 22 2004 CNUL4 V1StA ]9j6E~5t t 2-SSO -32 u^ dISC REVENUE $500.00 ['viENT OP PLANNING AND BUILDING ' " ETC MOTEL ABATEMENT APPEAL TOTAL DUE $500.OG g~g~ r~ A ~p A RECEIVED FROM: 0~~~ 1 ~ t].i)L-~ 1 JAMES C STEVENS, ATTORNEY AT LAV! CHECK: $500.00 order: deliver this form fo the Finance Department, 2?ri Fourth tice crud Order to Abate. This must be received wiiliin Ill days TOTAL TENDERED $500.00 _ state) of the date of the Natiee and Order to Abate artd be CHANGE DUE $0.00 Heriberto Gutierrez c/o Law Office of James C. Stevens DUPLICATE RECEIPT DUPLICATE RECEIPT 402 West Broadway, Suite 400 San Diego, CA 92101 Your Daytime Telephone: (619) 934-9946 .Abatement Order by: ' Department of Plarnin; and Building Dated:. September 8, ?004 Case Number: C04-0011 & HI04-Ol 58 Propeny Location:. 2681 i>,iain St. Reason(s) for Appzat: MUST BE COMPLETC•D - Be spCCific See Attachmeht""A" attached hereto 1. ~ Z Z e k Apgealed by: (Signature) ( ate, Relationship to property: Attorney for Own e r l ATTACHMENT "A" TO GUTIERREZ APPEAL 1. The Notice and Order to Abate is impermissibly vague and otherwise violative of the Due Process Clause of the Constitution. 2. The motel which is the subject of the Nofice and Order to Abate is a legal non- confornung use. 3. The alleged violations of the Uniform Housing Code were addressed by the property owner prior to the issuance of the Notice and Order to Abate and thus the issue is moot. 4. The City of Chula Vista is estopped from pursuing abatement because it has denied appellant access to the City's records regarding the matters in issue. 5. The City of Chula Vista is estopped from pursuing abatement because after it instructed appellant to make repairs and modifications, and after appellant made them at great expense, the City instructed him not to bother because the motel would be shut down anyway. 6. The City of Chula Vista is estopped from denying the timeliness of this appeal because the Notice and Order to Abate specifically states that appellant has fifteen days from the date of the Notice of Abatement within which to appeal and the City's representatives orally confirmed the fifteen day appeal period.. {See Exhibit 1 attached hereto.) 7. The City Code Enforcement Officer's declaration that the alleged violations constitute a public nuisance is supported by neither the facts or the law. ~x . ` ~1~,"~ i>-., t~i~,,,~,:: f , ~i ai»[ .EXHIBI'T' 1 . ~ ~~sr, - cm of ctavta vISTA PLANNING & BUILDING DEi'AR7MENT Heriberto Gutierrez . 2681 Main St, Chula Vista,. CA 91911 ' s ~ ~ Case No. C04-0011 & NiOh-0158 . Assessor's Parce! No. 622-14q-36-00 l S Y.:. N IO}~ ydY VD ORD~R ~O A~TO~~ 15tmr T.rv ~ rit ~ NOTICE 1S HERESY GIVEN THAT the structure commonly known as tfte ETC ' Motel Is in violation of Section 15.08 of the Chula Vista Municipal Code as well as. - Sections 202, 204, 1401.2, 1001.5, 1001.7 and 1001.13 of the Uniform Housing Cade. These violations were detailed in a Notice ofi Violation Issued on May 14, 2004. A copy of that NOV has been endosed. The violation has been declared a puhllc nuisance by the, city code enforcement officer and must be abated irrimedtately. The property has an accumulation of fuel toad that includes stcraga . Of tires, solvents aqd other flammable items associated with an automotive business; The building does not have an adequate fire protection system. The publionuisance is on property located at 2681. Main St. Chula Vista, CA. ' YOU ARE'HHREBY ORDERED TO ABATE SAID PtfBL1C Nt71SANCE within fifteen (15) 'cone®cutive calendar days from the issuance of this order. The issuance data is speafied below, You may abate the nuisance by: ' Closlrig end vacating the structure known as the ETC Matei and ¦ Securing theatructure against entry and ¦ Making the repairs and corrections required by the Inspection Report. attached tp the NOV.'' If you fail to abate the public nuisance within the number of days specifted, the city may order its abatement by puhllc employees; private contractor, or other- means, and the cost of said abatement may be levied. and assessed againsf the property as a special assessment lien or billed directly~to the property owner. YOU ry~pY APPEAL- FROM ORDER OF ABATEMENT but any such appeal ' must be brought prior to the expirafwn of the number.of days specified above for completion of abatement. The appeal must be in writing; specify the~reasans for the appeal; contain your name, address and telephone rsumber; be accompanied by an appeal fee of five hundred dollars ($500.00); and be. submitted to the city manager at the following address: , ' ~\ll/i PRIDE T W 0 ¦ X .1i 6 Fourth Avenue • MS 8-ZOl ~ www.chulavistaea.gov Chula Vim, CA 9191p e , . sc r , City Manager _ 276 Fcurth F,venue Chula Vista, CA 92010 , Telephone No.: (619) 691-5031 Cne who is legally indigent as determined by guidelines prepared by the city. manager and alter consultation with the city attorney, may obtain a waiver of the appeal fee,• Upon 6meiy receipt of the appeal and accompanying tee, or waiver, h the city manager will cause the matter to tie sat for hearing and notlty you of the ~ ~ date and toca6on of the hearing. 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Totall o saarra HERIBERTO GUTIERREZ ° ~;~a,,; 1296 SEA REEF DR orPCa Sir DIEGO, CA 92154 - Ciry, Sta :ri rr i - ~o~r, ~i„ r of cHU~ vlsra PLANNING & BUILDING DEPARTMENT Heriberta Gutierrez 2681 Main St. Chula Vista, CA 91911 Case No. C04-0011 & H104-0158 Assessor's Parcel No. 622-140-36-00 NOTICE IS HEREBY GIVEN THAT the structure commonly known as the ETC Motel is in violation of Section 15.08 of the Chula Vista Municipal Code as well as Sections 202, 204, 1001.2, 1001.5, 1001.7 and 1001.13 of the Uniform Housing Code. These violations were detailed in a Notice of Violation issued on May 14, 2004. A copy of that NOV has been enclosed. The violation has been declared a public nuisance- by the city code enforcement officer and must be abated immediately. The property has an accumulation of fuel load that includes storage of tires, .solvents and other flammable items associated with an automotive business. The building .does not have an adequate fire protection system. The. public nuisance is on property located at 2681 Main St. Chula Vista, CA., YOU ARE HEREBY ORDERED TO ABATE SAID PUBLIC NUISANCE within fifteen (15) consecutive calendar days from the issuance of this order. The issuance date is specified below.. You may abate the nuisance by: ¦ Closing and vacating the structure known as the ETC Motel and ¦ Securing the structure against entry and ¦ Making the repairs and corrections required by the Inspection Report attached to the NOV. If you fail to abate the public nuisance within the number of days specified, the city may order its abatement by public employees, private contractor, or other means, and the cost of said abatement may be levied and assessed against the property as a special assessment lien or billed directly to the property owner. .YOU MAY APPEAL FROM ORDER OF ABATEMENT but any such .appeal must be brought prior to the expiration of the number of days specified above for completion of abatement. The appeal must be in writing; specify the. reasons for . the appeal; contain your name, address and telephone number; be accompanied by an appeal fee of five hundred dollars ($500.00); and be submitted to the city manager at the following address: ~lU_ PRIDE AT W OBK 276 Fourth Avenue • nns B-zot www.chulavistaca.gov Chula Vista, CA 91910 ~Poa.c~~.~me~x==vdedPwe= City Manager - 276 Fourth Avenue Chula Vista, CA 92010 Telephone No.: (619) 691-5031 One who is legally indigent as determined by guidelines prepared by the city manager and after consultation with the city attorney, may obtain a waiver of the. appeal fee., Upon timely receipt of the appeal and accompanying fee, or waiver, the city manager will cause the matter to be set for hearing and notify ycu of the date and location of the hearing. If you have any questions regarding this matter, you may direct them to the city officer issuing this notice at the address or telephone number listed below. ISSUANCE DATE: September 8, 2004 Joan T. Schmid Code Enforcement Officer 276 Fourth Avenue _ Chula Vista, CA. 619-691-5280 x 3086 CITY OF CHU~A VISTA ~tll~ --s - C17Y OF CNUtA VISTA DEPARTMENT OF PLANNING AND BUILDING If you wish to appeal this order, deliver this form to the Finance Department, 276 Fourth Avenue, as directed in the Notice and Order to Abate. This must be received within 10 days (30 days if owner lives aut of state) of the date of the Notice and Order to Abate and be ,accompanied by a fee of $500. From: Your Name: Your Mailing Address: Your Daytime Telephone: Abatement Order by: Department of Planning and Building Dated: September 8, 2004 Case Number: C04-0011 & HI04-0158 Property Location: 2681 Main St. Reason(s) for Appeal: MUST BE COMPLETED - Be specific Appealed by: (Signature) (Date) Relationship to property: `tt// 4u ertv oe CHUTA VISPA APPLICATION FOR TEMPORARY WAIVER OF : CODE ENFORCEMENT HEARING FEE5 DEPARTMENT OF PLANNING AND BUILDING 276 Fourth Avenue, Chula Vista, CA 91910 I hereby request a temporary waiver of the fee of $ (enter amounl) for (state what the appeal is for i.e. appeal hearing, etc.) I understand that if I am not successful in the hearing, the fee now being waived, along with the full cost of the hearing will be added when fi urin the full cost that will be billed to me to recover the Cit 's cost of the enforcement action. Name: Last First Middle ? Property Owner ? Tenant ? Business Owner ? Other Assessor's Parcel Number: Violation Address: City/State Zip Code Mailing Address: City/State Zip Code Qualifying Information 1. You are receiving fmancial assistance under one or more of the following programs: • SSI and SSP (Supplemental Security Income and State Supplemental Payments Programs) • Ca1WORKs {California Work Opportunity and Responsibility to Kids Act, implementing TANF, Temporary Assistance for Needy Families, formerly AFDC, Aid to Families with Dependent Children Program) • The Food Stamp Program • County Relief, General Relief (G.R.), or General Assistance (G.A.) If you are claiming eligibility for a waiver of court fees and costs because you receive fmancial assistance under one or more of these programs, you must roduce documentation confirming benefits from a ublic assistance agency or one of the following documents: CHECK ONE PROGRAM VERIFICATION Medi-Cal Card or Notice of Planned Action or SSUSSP SSI Computer-Generated Printout or 0 Bank Statement Showing SSI Deposit or - "Pass ort to Services" Medi-Cal Card or Notice of Action or Ca1WORKs/TANF Income and Eligibility Verification Form or (formerly known as AFDC) Monthly Reporting Form or Electronic Benefit Transfer Card or "Pass ort to Services" Food Stamp Program Notice of Action or Food Stamp ID Cazd or "Pass ort to Services" General Relief/General Notice of Action or Copy of Check Stub or Assistance Coun Voucher -OR- 2. Your total grass monthly household income is less than the following amounts. Please identify by checking box to the left of numberin family. Number Family Income Number in Family Income Number in Family Family Income in Family Family 1 $ 922.92 4 $ 1,885.42 7 2,847.92 2 1,243.75 5 2,206.25. 8 3,168.75 3 1,564,58 6 2,$27.08 Each Additional 320.83 -OR- 3.0 Your income is not enough to pay for the common necessazies of life far yourself and the peop}e you support and also pay heazing fees and costs. In order to qualify, you will need to submit evidence of your income and expenses with this form. To apply, fill out this application for Waiver of Code Enforcement Heazing Fees, If you claim no income, you may be required to file a declazation under penalty of perjury. - I hereby attest that the above is true and accurate to the best of my knowledge: This document is confidential, not to be released as public record. Signature of re nesting erson Date ~~trr UiY OF CH~(p1 V'$Tf~ PLANNING & BUILDING DEPARTMENT Heriberto Gutierrez September 8, 2004 1 Main St. Case # C04-0011 & HT04-0158 268 Chula Vista, CA 91911 If you wish the City to proceed without delay in the abatement of the violations. identified in the Notice and Order to Abate, you must read and sign the statement below and return this form to the City as soon as possible but no later than ten (10) days from the date of the Notice and Order to Abate. If you fail to sign and return this form within ten (10) days, the City will move forward in obtaining an abatement warrant. The entire cost of abating the nuisance, including all City staff costs in processing the.case, w'll be billed to you. t Joan T. Schmid Code Enforcement Officer I hereby consent to the City of Chula Vista and/or its contractors to enter my property to perform whatever work is necessary to abate the public nuisance as described in the Notice and Order to Abate dated September 3, 2004. I understand that I am waiving my right to appeal such action. I fizrther understand that all costs for such abatement, including all City staff costs in processing the abatement, will be billed to me after the violations are removed and the City's case at this address is closed. Property Owner/Occupant Date ~11/i PRIDE q T W O R K 276 Fourth Avenue MS e-tot www.chulavistaca.gov Chula Vista, CA 91910 ~POS~-Consumer Recycled Paper ~`~J~ CODE ENFORCEMENT SECTION PLANNING AND BUILDING DEPARTMENT CITY QF 276 FOURTH AVENUE CHULA VISTA, CA 91910 ~IA~STA PHONE NO.: (619) 691-5280 FAX NO.: (619) 585-5681 NOTICE OT' VIOLI4TION Notice Date: Mav 14, 2004 Violation Date(s): Case Number: HI 04-0029 and C04-0011 I Violation Address/Location: 2677 & 2681 Main St., Chula Vista, CA 91911 Property Owner & Address: Heriberto Gutierrez 4856 Ebbtide Wv, San DieQO, CA 92154 Business Name: ETC Motel & Eddie's Tires Mufflers and Auto Repair Center Business Owner Name & Address: Heriberto Gutierrez 4856 Ebbtide Wy San Dieeo, CA 92154 You are hereby notified of the following violation(s) of Municipal Code Section(s): ? Trash, junk and debris littered on property (CVMC 8.24.060) ? Sign without a permit (CVMC 19.60.020) ? Graffiti maintained on premises (CVMC 9.20.055) ? Home Occupation violation (CVMC 19.14.490) ? Fence violation (CVMC 19.58.150) x Other: CVMC 15.08, 19.44, and UHC 1001.2, 1001.5, 1001.7, 1001.13. See attached Inspection Reports for the Auto Repair business and for the ETC motel. x Comments/Corrective Action: Make repairs and corrections as required by the Inspection Reports. Obtain Conditional Use Permit, Building Permits and final inspections as required by the CVMC: The above violation(s) must be corrected by July 7, 2004. The City will conduct a reinspection after that date. If the violation(s) has (have) not been corrected by date shown above, reinspection fees and other related charges will be assessed as authorized by CVMC Sec. 1.41.060. These charges will include all personnel costs for time spent conducting investigations, enforcement, and remediation or abatement of the. violation as described in CVMC Section 1.41.140 which is printed on the back of this Notice. The City will bill the responsible person(s) for these costs, and if the costs are not .paid, the City may seek payment by placing a lien against the property or by assessing the costs in the same manner as municipal taxes. In addation, administrative citation(s) and/or civil penalties may also be issued and/or imposed, or other action taken as listed on the back of this Notice. Contact the City Code Enforcement Officer listed below at (619) 691-5280 if you have any questions concerning this matter. T~ T. Schmid Susan Balk 'Enforcemenf Officer Name Code Enforcement Officer Name 1:\Code Enforcement Cases\M\main st\Ete Motel }II\2681 main st\NOV .doc Last printed 09/07/2004 8:22 AM PLEASE TAKE T s NOTICE WITH YOU WHEN APPL` 'G FOR PERNIITS Building and planning permits may be applied for at the building counter or planning counter at 276 Fourth Avenue, Chula Vista, CA. Please telephone (619) 691-5272 for general information about getting the required permits and/or (619) 585-5621 fo_r zoning and sign permit information. :.URE TO COMPLY WITH THIS NOTICE OF VIOLATION MAY RESULT IN ANY ONE OR A COMBINATION OF THE k•ULLOWING ENFORCEMENT ACTIONS. If resolving the violation involves the issuance of a permit, an investigative fee shalt be assessed to defray the expense of investigation and enforcement. Administrative Citation: Fines of $100, $200, or $500 per violation for 1", 2"d, or 3`d citation respectively. Each day that the violation occurs or continues is considered a separate offense.. Criminal Prosecution: Fines up to a maximum of $1,000 with a possibility of up to 6 months imprisonment for each day the violation continues. Cease and Desist Order: Ati order to cease all activity identified as a violation. Ignoring the order is a misdemeanor. Reinspection Fees: Ful( cost recovery for all inspections if the violation is not corrected within the timeframe identified in the Notice of Violation. Full Cost Recoverv: Recovery of all City costs associated with investigation, enforcement, and resolution of a violation. Notice of Violation Recordation: A Notice of Violation may be recorded against the property with the County Recorder far discovery during a title search. Recordation and cancellation of recordation costs will be assessed per CVMC Section 1.41.040. Nuisance Abatement: Following due process, the City may take any action necessary to eliminate the violation. The violator shall reimburse the City for all costs associated with the investigation and abatement. Non-Issuance of Permits: Any City-issued permits maybe withheld until violation has been corrected. Civil Penalties: Penalties of up to $1,000 per day, with each day being a separate offense, not to exceed $100,000 per property. Real Proaerri Liens: Alien may be placed against the real property as a means of recovering costs incurred by the City as a result of a code violation. Recorded Assessment: An assessment, to be collected in the same manner as municipal taxes, may be recorded as a means of .recovering costs incurred by the CiTy as a result of responding to a code violation. Cost recovery shall be assessed under the provisions of the Chula Vista Municipal Code as set forth in Sections 1.41.140, 1.41.150 and 1.41.160. 1.41.140 Cost Recovery: Pursuant to Government Code Section that was the subject of abatement or corrective action. Notice and 338773, costs and penalties that may be recovered and enforced an opportunity to be heard and contest the basis for the against responsible- parties under the chapter include, but aze not assessment of costs or lien sha(I be provided to those parties in limited to, the following: accordance with Chapter 1.40 CVMC. Following any hearing or A. City's direct cost for abatement of nuisances, together ~ waiver thereof, the city manager may then issue a final order of with applicable overhead; - confirmation of costs against the respective responsible parties. B. Costs of salary and applicable overhead of those ciTy (Ord. 2718 § 3, 1998). emptoyees and contract personnel involved in the investigation, enforcement and remediation or 1.41.160 Enforcement: abatement of a nuisance; A. In. accordance with Government Code Section 38773, the city - C. City costs for equipment use or rental; ~ _ manager or a director, or both as appropriate, may enforce the D. Attorney's fees; confirmation of costs as follows: E. Court costs and witness fees; 1. As a personal obligation against a responsible party; and F. Costs of geotechnical, engineering and other technical 2. Either: services and studies; a. As a recorded lien with .the priority of a G. Administrative fines and civil penalties imposed judgment lien in the real property records of pursuant to this chapter; the county against any real property which was H. ~ Reinspection fees pursuant to CVMC 1.41.060; the subject of abatement or corrective action; I. Costs of monitoring programs necessary for correcting, or monitoring; abating or mitigating nuisances and b. As an assessment against the property which violations; was subject to abatement or correctiveaction, I. Any other fee, cost, or expense reasonably and to be collected in the same manner as rationally related to the city's enforcement efforts to municipal taxes. abate a nuisance or correct a violation of this code or B. The city manager, city attorney or director is authorized to applicable state law; .obtain judicial enforcement for the foreclosure of the lien, where K. Treble damages recoverable pursuant to Govemment appropriate. In addition, pursuant to Govemment Code Section Code Section 38773.7. (See CVMC 1.41.160(c). (Ord. 38773.7, the city manager may seek treble damages for the 2718 § 3, 1998). abatement. costs where the corrective action azose out of or constituted a second or subsequent civil or criminal judgment :x.150 ConSrmation of costs:. Following the conclusion of the within a two-yeaz period, as provided for in that section. - city's remediation, abatement or corrective actions, the director Enactment of this subsection constitutes the enactment of an shall notify the property owner and appropriate responsible ordinance authorizing the recovery of treble damages in parties of a proposed assessment of costs against each accordance with Government Code Section 38773.7. (Ord. 2718 § individually and as a lien or assessment against the real property 3, 1998). ]:\Cade Enforcement CasesNA\main s[\Etc Motel I-II\2651 main stlBack ofNOV form.doc APARTMENT AND MOTEL INSPECTION REPORT Subject Address: 2681 Main St., Etc. Motel Units: 10 Units in 1 Building .Owner: Heriberto Gutierrez .Phone No: (619), 423-8008 - Inspection Date: April 22, 2004 All items must be corrected by the date noted on the Notice Ofi Violation. Some correction items require a building permit to be issued. If a permit is required, Owner must arrange an appointment within 10 days of receiving this Inspection Report by calling the Code Enforcement Officer at (619) 691-5280. Items listed below are in violation of the City of Chula Vista Municipal Code: CVMC 15.08 -Remove the following items built without a permit OR obtain a building permit for the following: , 1. Manager's office addition. 2. Additions to the private dwelling. 3. Auto repair buildings. Items listed below are in Violation of CA Health and Safety Code Section 17920 3 with reference to the 1997 Uniform Housing Code: Items listed below are in violation of the 1997 Uniform Housing Code, section 1001.2 Inadequate Sanitation. Unit 9: Repair and refinish walls and ceiling in bathroom to a sanitary condition. Unit 1: Repair broken window in bathroom. Items listed below are in violation of the 1997 Uniform Housing Code, section 1001.5 Hazardous Electrical Wiring. Units 1,2,5,6,and 7: Replace GFCI duplex outlet in bathroom. Dwelling Unit: Ihstall blank cover plate on j-box to eliminate bare wires located in the master bedroom. Dwelling Unit: Install new duplex outlet cover plates on all interior duplex outlets that are missing cover plates. Unit 8 Exterior: Replace damaged exterior duplex outlet cover with new weatherproof outlet cover. Joan Schmid Page 1 of 2 09/07/2004 APARTMENT AND MOTEL INSPECTION REPORT Subject Address: 2681 Main St., Etc. Motel Units: 10 Units in 1 Building Owner: Heriberto Gutierrez Phone No: (619) 423-8008 Inspection Date: April 22, 2004 Items listed below are in violation of the 1997 Uniform Housinq Code, section 1001.7 Haaardous Mechanical Equipment. All Units: Install new HVAC wall unit: Items listed below are in violation of the 1997 Uniform Housinq Code, section 1001.13 Inadequate Fire-Protection or Fire Fighting Equipment. Units 1, 2, 3,4,8,9: Install operable smoke detector in each unit. Private Dwelling: Install an operable smoke detector in each bedroom. Office: Install fire extinguisher in accordance with CA Title 25. Fire extinguishers shall be commercial type 2A1 OBC or.larger. Extinguisher shall be mounted at 42" from floor. Remove accumulation of fuel load on the property. This includes but is not limited to the storage of tires, oil, solvents and other flammable items associated with the automotive business. Joan Schmid Page 2 of 2 09/07/2004' AUTO REPAIR BUSINESS INSPECTION REPORT Owner: Heriberto Gutierrez ~ . 'caner Address: 4856 Ebbtide Way, San Diego, CA 92154 - Subject Address: 2677 Main St., Chula Vista, CA 91911 Inspection Date: April 12, 2004 Motel and automotive uses are not compatible and may not co-exist on the same lot. The specific elements in violation include, but may not be limited to, the following: 1. CVMC 15.08.040 -Building permits are required for all structures on the property. Records indicate the only structures currently permitted on the property are a motel and a detached, 672 sq. ft. building. 2. CVMC 19.44.040 (F) -Conditional Use Permit required for major auto repair. 3. CVMC 19.44.170 -Enclosure required for all uses including auto repair 4. CBC 109.1 -Detached, 672 sq. ft. structure converted from a bar into a retail sales/ office for auto repair business without a change of use and occupancy permit. 5: CVMC 19.44.020 -Retail sales is not a permitted use in an IL zone. 6. CVMC 19.44.130 -Site plan and architectural approval is required for all uses in an IL zone. 7. CVMC 19.44.120 -Lack of required landscaping. 8. CVMC 19.44.140 -Lack of required off-street parking and loading facilities. As the property owner you are responsible for ensuring that the use of the lot is conducted in compliance with the law. In order to comply: A. Im mediately cease the motel use. Board and secure the structure. B. Complete all of the following by the correction date shown on the Notice of Violation: o Apply for a Conditional Use Permit for the. major auto repair use. ? Cease all outdoor vehicle repair work. All work must be conducted within an entirely enclosed, permitted structure. o Obtain a demolish permit and remove all unpermitted structures on site, or submit plans and obtain building permits and inspections for all unpermitted structures. ? Apply for and obtain a change of use and occupancy permit for office structure or cease using structure. Susan Baik Page 1 of 2 09/0712004 AUTO REPAIR BUSINESS INSPECTION REPORT Owner: Heriberto Gutierrez lwner Address: 4856 Ebbtide Way, San Diego, CA 92154 Subject Address: 2677 Main St., Chula Vista, CA 91911 Inspection Date: April 12, 2004 ? Cease retail sales from the property. ? Submit plans and obtain site plan and architectural approval for the property. ? Submit a landscape plan in compliance with the City Landscape Manual and obtain approval. ? Provide off street parking and loading facilities as required. Susan Balk Page 2 of 2 09/07/2004 1997 UNIFORM HOUSING CODE ~ 201 204 Chapter 2 EtVFORCEMENT SECTION 201 -GENERAL Occupants of a dwelling unit, in addition to being responsible for keeping in a clean, sanitary and safe condition that part of the 201.1 Authority. The building official is hereby authorized and dwelling or dwelling unit or premises which they occupy and con- directed toenforce all of [he provisions of this code. For such pur- trol, shall dispose. of their rubbish, gazbage and other organic poses, the building official shall have the powers of a law enforce- waste in a manner requued by the health ordinance and approved ment officer. by the health officer. The building official shall have the power to render interpreta- Occupants shall, when required by this code, [he health ordi- tions of this code and Co adopt and enforce rules and supplemental nonce or the health officer, fumish and maintain approved de- regulations to clarify the application of its provisions. Such inter- vices, equipment or facilities necessary to keep their premises safe pretations, roles and regulations shall be inconformity with the in- and sanitary. tent and purpose of this code. SECTION 202 -SUBSTANDARD BUILDINGS 201.2 Right of Entry. When it is necessary to make an inspec- Lion to enforce the provisions of this code, or when the building Buildings or portions thereof that are determined to be substand- official has reasonable cause to believe that there exists in a build- and as defined in this code are hereby declared to be public nui- ing orupon apremises acondition that is contrary to or in violation sances and shall be abated by repair, rehabilitation, demolition or of this code that makes the building or premises unsafe, dangerous aemoval in accordance with the procedure specified in Chapter 11 or hazardous, the building official may enter the building or prem- of this code. ises at reasonable times to inspector [o perform the duties imposed by this code, provided that if such building or premises be occu- SECTION 203 -HOUSING ADVISORY AND APPEALS pied [hat credentials be presented to the occupant and entry re- BOARD quested. If such building or premises be unoccupied, the building official shall fsst make a reasonable effort to locate the owner or 203.1 General. In order to hear and decide appeals of orders, de- other person having chazge or control of the building or premises cisions or determinations made by the building official relative to and request entry. If entry is refused, the building official shall [he application and interpretations of this code, there shall be and have recourse to the remedies provided by law to secure entry. is hereby created a housing advisory and appeals board consisting of members who are qualified by experience and trainine to pass 201.3 Responsibilities Defined. Owners remain liable for vio- upon matters pertaining to buIlding construction and who aze not lotions of duties imposed by this code even though an obligation is employees of the jurisdiction. The building official shall be an ex - also imposed on the occupants of the building, and even though officio member and shall act as secretary to said boazd but shall the owner has, 6y agreement, imposed on the occupant the duty of have no vote upon any matter before the boazd. The housing advi- fumishing required equipment or of complying with this code. sory and appeals boazd shall be appointed by the governing body Buildin s and structures and arts thereof shall be maintained and shall hold office at its pleasure. The boazd shall adopt roles of in a safe and sanitary condition. The owner or the owner's desig- Prons dand fmdings in writing to the appellant with a duplicatecopy noted agent shall be responsible for such maintenance. To deter- to the building official. Appeals to the boazd shall be processed in mine compliance with this subsection, the building may be accordance with the provisions contained in Section 1201 of this reinspected code. Copies of all rules of procedure adopted by the boazd shall Owners, in addition to being responsible foc maintaining build-be delivered to [he building official, who shall make them accessi- ings in a sound strnctural condition, shall be responsible for keep- ble to the public ing that part of the building or premises which the owner occupies 203.2 Limitations of Authority. The housing advisory and ap- or controls in a clean, sanitary and safe condition, including the peals board shall have no authority relative to interpretation of the shared or public azeas in a building containing two or more dwell- administrative provisions of this code and the boazd shall not be ing units. empowered to waive requirements of this code. Owners shall, when required by this code, the health ordinance or the health officer, fumish and maintain such approved sanitary SECTION 204 -VIOLATIONS facilities as required, and shall fumish and maintain approved de- vices, equipment or facilities for [he prevention of insect and ro- It shall be unlawful for any person, firm or corporation to erect, dent infestation, and when infestation has taken place, shall be constmct, enlazge, alter, repair, move, improve, remove, convert responsible for the extermination of any insects, rodents or other or demolish, equip, use, occupy, or maintain any building or stme- pests when such extermination is no[ specifically made the re- lure or cause or pentnt the same to be done in violation of this sponsibIlity of the occupant by law or ruling. code. 3 tour.n 1997 UNIFORM HOUSING CODE ;rw%>, - may.„ Chapter YO Y,,:....... w~~~.. SUBSTANDARD BUILDINGS 5%~~- r;.-~•~~~ 7. Members of ceilings, roofs, ceiling and roof supports, or " SECTION 1001 -DEFINITION other horizontal members that are of insufficient size to carry im- "'i....__ ~ ~ building or onion thereof that is deter- osed loads with safety. ~r1001.1 General. Any e ',.•'a mined to be an unsafe building in accordance with Section 102 of p g Fireplaces or chimneys that list, bulge or settle due to defec- - ~ the Building Code, or any building or portion thereof, including rive material or deterioration. " "any dwellin=unit, guest room or suite of rooms, or the premises on which the same is located, in which there exists any of the condi- 9. Fireplaces or chimneys that aze of insufficient size or ~ ^~~~'tions referenced in this section to an extent that endangers the life, strength to carry imposed loads with safety. •:..7,'^" ro ert ,safer or welfaze of [he public or the occu- 1001.4 Nuisance. Buildings or portions thereof in which there hmb, health, P P Y Y "F~L ;'pants thereof, shall be deemed and hereby are declazed to be sub- exists any nuisance as defined in this code aze deemed substandazd standazd buildings. buildings. 1001.5 Hazardous Electrical Wiring. Electrical wiring that 1001.2 Inadequate Sanitation. Buildings or portions thereof ~ arY~ q was installed in violation of code requirements in effect at the time ~~rs;~'~~~~:`,l shall be deemed substandazd when they aze insanit made uate ~f ~ _ 'sanitation shall include, but not be limited to, the following: of installation or electrical wiring not installed in accordance with ~x~ TM 1.._Lack of or improper water closet, lavatory, bathtub or show- W er~eru~i effe teor that has not beenrmaintained in good condition or i er in a dwelling unit or lodging house. , ~ that is not being used in a safe manner shall be considered substan- - 2. Lack of or improper water closets, lavatories, and bathtubs dazd. jp ~ ' nr showersper number of guests in a hotel. 1001.6 Hazardous Plumbing. Plumbing that was installed in 'tt~u-., ~r,; 3. Lack of or improper kitchen sink in a dwelling unit. violation of code requirements in effect at the time of installation v~~s ~ 4. Lack of ho[ and cold running water to plumbing fixtures in a or plumbing not installed in accordance with generally accepted hotel. construction practices in areas where no codes were in effect or ~?t`=" - that has not been maintained in good condition or that is not free of >*'~`-1?~`~~" 5. Lack of hot and cold running water to plumbing fixmres in a cross-connections or siphonage between fixmres shall be consid- dwelling unit or lodging house. eyed substandazd: . ~ ~~L_~... 6. Lack of adequate heating facilities. 1001.7 Hazardous Mechanical Equipment. Mechanical @@@t 7. Lack of or improper operation of requued venffiating equip- equipment that was installed in violarion of code requirements in 7 F ment. effect at the time of installation or mechanical equipment not in- s 8. Lack of minimum amounts of natural light and ventilation stalled in accordance with genezally accepted construction prac- a,. ~ required by [his code. tices in areas where no codes were m effect or that has not been a. maintained in good and safe condition shall be considered sub- . - r. ` 9. Room and space dimensions less than required by this code. standazd. ~`rv'lt"~1 " ~ 10. Lack of required electrical lighting. 1001.8 Faulty Weather Protection. Buldings or portions _ ` 11. Dampness of habitable rooms. thereof shall be considered substandazd when they have faulty - - ~ weather protection, which shall include, but not be limited to, the _ t:,~:-;~ 12. Infestation of insects, vermin or rodents as determined by . vx , ~ following: - ,+,~a;~~~;,the health officer. k - 1. Deteriorated, crumbling or loose plaster. 13. fieneral dilapidation or improper maintenance. - t'Gi3' 2. Deteriorated or ineffective waterproofmg of exterior walls, 14, Lack of connection to required sewage disposal system. roof, foundations or floors, including broken wmdows or doors. k;;`~s;; 15. Lack of adequate gazbage and rvbbish storage and removal 3. Defective or lack of weather protection for exterior wall coo- facilities as determined by the health officer. Brings, including lack of paint, or weathering due to lack of paint ~ w 1001.3 Structural Hazards. Buildin s or onions thereof shall or other approved protective covering. be deemed substandazd when they are or contain structural haz- 4. Broken, rotted, split or buckled exterior wall coverings or azds. Structural hazazds shall include, but not be limited to, the fol- roof coverings. f.,"- lowing: 1001.9 Fire Hazard. Any building or portion thereof, device, lta+ 1. Deteriorated or inadequate foundations. ~ apparatus, equipment, combustible waste, or vegetation that, in - - r 1 ~ 2. Defective or deteriorated flooring or floor supports. the opinion of the chief of the fue department, is in such a condi- - , lion as to cause a fue or explosion or provide a ready fuel to auo ^"'~.'3, Flooring or floor supports of insufficient size to carry im- ment the spread and intensity of fue or explosion arising from any posed loads with safety. cause shall be considered substandazd. ,z~= ~'4. Members of walls, partitions or other vertical supports that 1001.10 Faulty Materials of Constrvetion. The use of materi- split, lean, list or buckle due to defective material or deterioration. aIs of construction, except those that aze specifically allowed or 5- Membezs of walls, partitions or other vertical supports [hat approved by this code and the Building Code, and that have been ode ua[el maintained in Qood and safe condition, shall cause a are of insufficient size to carry imposed loads with safety. q Y 6._Members of ceilings, roofs, ceiling and roof supports, or building to be substandazd. ~othei horizontal members that sag, split or buckle due to defective 1001.11 Hazardous or Insanitary Premises. The accumula- :maferiat or deterioration. lion of weeds, vegetation, junk, dead organic matter, debris, gaz- ` 19 A'u~Citiv. 6p. y*. yy ti t1. t. a.r r tZ ,.tila rH:w ~..yw .a,: r{ i r. 1997 UNIFORM HOUSING CODE 1001.11 - 1001.14 _ bage, offal, rat hazborages, stagnant water; combustible materials, lack of an adequate number or width of exits, or when other condi- ' ~ :and similar materials or conditions on a premises constitutes fue, [ions exist that are dangerous to human life. health or safety hazards [hat shall be abated in accordance with the 1001.13 made uate Fire- rotectiou or Firefighting Equip- procedures specified in Chapter 11 of this code. meat. Buildings or portionsthereof shall be considered substan- 1001.12 Inadequate Exits. Except for those buildings or por- lord when they aze not provided with the fire-resistive con- [ions thereof that have been provided with adequate exit facilities shuction or fue-extinguishing systems or equipment required by conforming to the provisions of this code, buildings or portions [his code, except those buildings or portions thereof that con- thereof whose exit facilities were installed in violation of code re- formed with all applicable laws at the time of their construction quirements in effect at the time of their constmction or whose exit and whose fire-resistive integrity and fire-extinguishing systems facilities have not been increased in number or width in relation to~ or equipment have been adequately maintained and improved in any increase in occupant load due to alterations, additions or relation to any increase in occupant load, alteration or addition, or change in use or occupancy subsequent to the time of construction any change in occupancy. shall be considered substandard. Notwithstanding compliance with code requirements in effect 1001.14 Improper Occupancy. All buildings or portions lhere- at the time of their constmction, buildings or portions thereof shall of occupied for living, sleeping, cooking or dining purposes that - be considered substandard when the building official finds that an were not designed or intended to be used for such occupancies unsafe condition exists through an improper location of exits, a shall be considered substandard. 20 Chula Vista MunicipaTCode - City Of Chula Vista Web~Site: http !/www chulavistaca qov/City Services/Administrative Services/City Clerk/R ecords/municipal code.asp Chapter 15.08 BUILDING CODE* Sections: 15.08.010 California Building Code, 2001 Edition adopted by reference. 15.08.020 Subsection 104.2.1 -General -Amended to designate assistant director of the building division as building official 15.08.030 Subsection 105.1 -Board of appeals and advisors amended to confer suitability of alternate materials jurisdiction on board of appeals. 15.08.040 Exempted work -Subsection 106.2 is amended to delete exemptions for certain types of construction from the requirement to obtain a building permit. 15.08.041 Subsection 107.2 amended -Permit fees. 15.08.045 Subsection 107.3 amended -Plan review fees. 15.08.050 Repealed 15.08.060 Subsection 108.1.2 added to Section 108.1 to authorize compliance survey inspections. 15.08.070 Subsection 709.4.1 amended to add an exception to the requirement for parapets. - 15.08.080 Subsection 904.2.1 amended to require installation of automatic fire-extinguishing system in buildings greater than certain height. 15.08.090 Section 1503 amended to provide for more .restrictive roof coverings. 15.08.100 Subsection 1511.5 added to Section 1511 to require equipment enclosures on roofs. "For statutory provisions regarding the authority of cities to regulate the building, construction and removal of buildings within the city, see Gov. Code § 38601; for other provisions of the State Housing Act, see Health-and Safety Code § 17910, et seq. Prior legislation: Prior code 8.1 and 8.3; Ords. 778, 1315, 1570, 1727, 1770, 1901, 2027, 2155, 2341, 2439, 2506, 2507, 2639 and 2644. 15.08.010 California Building Code, 2001 Edi#ion adopted by reference. Chula Vista Municipal Code There is hereby adopted by reference the California Building Code, known as the California Code of Regulations Title 24, Part 2, and Appendix Chapter 3, Division II; Appendix Chapter 15; Appendix Chapter 31, Division II and Division III of that certain document as copyrighted by the International Conference. of Building Officials and the California Building Standards Commission. Chapter 11, Accessibility, is hereby exempted. Said document is hereby adopted as the building code of the city of Chula Vista for regulating the erection, construction, enlargement, alteration, repair, moving, demolition, conversion, occupancy, use, height, and area of all buildings and structures in the city, and providing for,the issuance of permits and collection of fees therefor, and each and all such regulations, provisions, penalties, conditions and terms of the California Building Code, 2001 Edition, and Appendix Chapter 3, Division II; Appendix Chapter 15; Appendix Chapter 31, Division Il and Division III are hereby referred to, adopted, and made a part hereof as though fully set forth herein, excepting such portions as are hereinafter deleted, modified, or amended.-(Ord. 2872 § 1, 2002; Ord. 2780-B § 1, 1999). 15.08.020 Subsection 104.2.1 -General -Amended to designate assistant director of the building division as building official. Subsection 104.2.1 of the California Building Code, as it applies in the city of Chula Vista, is hereby amended to read as follows: , Subsection 104.2.1 General. The Building Official is hereby authorized and directed to enforce all the provisions of this code. 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 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 interpretations, rules and regulations shall be in conformity with the intent and purpose of this code. The Building Official shall be the Assistant Director of the Building Division. (Ord. 2872 § 1, 2002; Ord. 2780-B § 1, 1999). 15.08.03fl Subsection 105.1 -Board of appeals and advisors amended to confer suitability of alternate materials jurisdiction on board of appeals. Subsection 105.1 of the California Building Code, as it applies in the city of Chula Vista, is hereby amended to read as follows: Chula Vista Municipal Code Section 105.1 Board of Appeals and Advisors. To determine the suitability of alternate materials, methods of construction and to provide - for reasonable interpretation of the provisions of this code, there shall be and is hereby created a Board of Appeals and Advisors consisting of seven members who are qualified by experiehce and training to pass upon matters pertaining to building construction. The Building Official shall be an ex-officio member who shall not be entitled to vote and who shall act as secretary to the Board. The Board of Appeals and Advisors shall be appointed by the Mayor and confirmed by the City Council. The Board shall render all decisions and findings in writing to the Building Official with a duplicate copy to the appellant. The decision of the Board is final. The Board of Appeals and Advisors shall recommend to the City Council such new legislation deemed necessary to govern construction in the City of Chula Vista. - (Ord. 2872 § 1, 2002; Ord. 2780-B § 1, 1999). 15.08.040 Exempted work -Subsection 106.2 is amended to delete exemptions for certain types of construction from the requirement to obtain a building permit. Subsection 106.2 of the California Building Code, as it applies in Chula Vista, shall read as follows: Subsection.-106.2 EXEMPTED WORK. No person, firm, or corporation shall erect, "construct, enlarge, alter, repair, move, improve, remove, convert, or demolish any building or structure in the city of Chula Vista or cause the same to be done without first obtaining a separate building permit for each such building or structure from the Building Official except as follows: A. Fences up to seventy-two inches and freestanding masonry walls up to forty-eight inches in height above the highest adjacent grade. B. Detached patio covers, not exceeding twelve feet in height, with a projected roof area not to exceed one hundred forty-four square feet and at least six feet from any building or structure on the same property. C. One-story detached accessory buildings, not exceeding twelve feet in - height used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed one hundred forty-four square feet and are located so as to comply with the provisions of Chula Vista Municipal Code, Section 19.58.020. D. Oil derricks. E. Movable cases, counters, and partitions not over five feet, nine inches ' in height. F. Retaining walls which are not overthree feet in height measured from the top of the footing to the top of the wall, unless supporting a surcharge or impounding flammable liquids. ~~tr, ' CnY OF CHULA VISTA - PLANNING & BUILDING DEPARTMENT. May 17, 2004 • Heriberto Gutierrez 4856 Ebbtide Way - San Diego, CA 92154 RE: Notice of Violation - 2877 & 2881 Main Strest, Chula Vista, CA 91911 On April 22, 2004, the Health and Safety inspection of the ETC Motel located at the above referenced address was held. Several violations of the California State Housing Law arid the CA Building Code were noted by the Code Enforcement Officer. These violations are referenced on the Apartment and Motel Inspection Report attached to the Notice of Violation. Additionally, an inspection was held do April 12, 2004, of the auto repair business on the same parcel. There are many violations of the City of Chula Vista Municipal Code and the CA Building Code on the auto repair business which are referenced on the Inspection report attached to the Notice of Violation. The ETC Motel was the legal non-conforming use of the property at the time of annexation. Legal non-conforming status (grandfathering) is lost when the use on the property is expanded. On this parcel the expansion of use includes: ¦ Adding the auto repair business. ¦ Building without a permit. ¦ Non-permitted change of use from abar to aretail /auto repair business. To correct this situation, you, as the current owner of the property, must bring the property into compliance with the Cityof Chula Vista Municipal Code. The corrective action options are: - Option 1: Return the property to legal, non-conforming use.. Close the auto repair business. • Make all corrections noted on the NOV pertaining to the Apartment and Motel Inspection Report. Option 2: Legalize the auto repair business use. • Close the ETC Motel. • Make all corrections required by the NOV pertaining to the Auto Repair Business Inspection. \ll/i ~ PRIDE A T W 0 0. K 276 Fourth Avenue MS e-2oi www.chulavistaca.gov Chula Vista, CA 91910 y'~ro,,.r.~,„~,,,,~, a~~y~iea rave, Because of the complexity of this issue, a meeting has been arranged with the City Planner and !ode Enforcemen# to discuss the details and to answer any questions you may have. If the meeting time is inconvenient please call CEO Joan Schmid to reschedule. Please bring this letter and its attachments plus any research and permits on the property that you have to the meeting. The meeting is scheduled in the Public Services Building located at 275 Fourth Ave. on June 7, 2004 at 3:00 P.M. in Conference Room 1. If you fail to bring the property into compliance further action will be taken which may result in .fines or penalties as authorized by Chula Vista Municipal Code. Please keep this letter for your records. If you have any questions regarding this notification, please do not hesitate to contact the undersigned at (619) 691-5280 between 8:00 - 9:00 A.M., Monday through Friday. Sincerely, Joan T. Schmid Code Enforcement Officer Attachments: Notice of Violation Inspection Report- Eddies Auto Repair Inspection Report -ETC Motel Cc: Susan Balk, CEO ' Martin Miller Stan Donn Michael Walker CITY OF CHULA VISTA CODE ENFORCEMENT SECTION µ PLANNING AND BUILDING DEPARTMENT ~l ~F 276 FOURTH AVENUE CHLJLA VISTA, CA 91910 ` '~~$T1~ PHONENO.: (619) 691-5280 FAXNO.: (619) 585-5681 NOTICE OF VIOLATION Notice Date: May 14.2004 Violation Date(s): Case Number: HI 04-0029 and C04-0011 _ , Violation Address/Location: 2677& 2681 Main St. Chula Vista, CA 91911 Property Owner & Address: Heriberto Gutierrez 4856 Ebbtide Wv, San Diego. CA 92154 Business Name: ETC Motel & Eddie's Tires Mufflers and Auto Repair Center Business Owner Name & Address: Heriberto Gutierrez 4856 Ebbtide Wv San Diego CA 92154 You are hereby notified of~the following violation(s) of Municipal Code Section(s): ? Trash, junk and debris littered on property (CVMC 8.24.060) ? Sign without a permit (CVMC 19.60.020) ? Graft3ti maintained on premises (CVMC 9.20.OSa') ? Home Occupation violation (CVMC 19.14.490) ? Fence violation (CVMC 19.58.150) x Other: CVMC 15.08, 19.44, and UHC 1001.2, 1001.5, 1001.7, 1001.13. See,attached Inspection Reports for the Auto Repair business and for the ETC motel. x Comments/Corrective Action: Make repairs and corrections as required by the Inspection Reports. Obtain Conditional Use Permit, Building Permits and final inspections as required by the CVMC. The above violation(s) must be corrected by July 7, 2004. The City. will conduct a reinspection after that date. If the violation(s) has (have) not been corrected by date shown above, reinspection fees and other related charges will be assessed as authorized by CVMC - Sec. 1.41.060. These charges will include all personnel costs for time spent conducting investigations, enforcement, and remediation or abatement of the violation as described in CVMC Section 1.41.140 which is printed on the back of this Notice. The City will bill the responsible person(s) for these costs, and if the costs are not paid, the City may seek payment by placing a lien against the property or by assessing the costs in the same manner as municipal taxes. In addition, administrative citation(s) and/or civil penalties may also be issued and/or imposed, or other action taken as listed on the back of this Nofice. Contact the City Code Enforcement Officer fasted below at (619) 691-5280 if you have any questions concer 'ng this matter. _ . - . Schmid l~H--/~~~~ Susan Balk ~ G'~,v wuc Enfor~ ent Officer Name .Code Enforcement Officer Name 1:\Code Enforcement Cases~MMain stL68l main stWOV .duc Last printed US/17/2UU4 t:36 PM PLEASE TAKE TH VOTYCE WITH YOU WHEN APPLYI 'FOR PERMITS Building and planning permits may be applied for at the building counter or planning counter at 276 Fourth Avenue, Chula Vista, CA. Please telephone (619) 691-5272 for general information about getting the required permits and/or (619) 585-5621 for manning and sign permit information. JRE TO COMPLY WITH THIS NOTICE OF VIOLATION MAY RESULT IN ANY ONE OR A COMBINATION OF THE FOLLOWING ENFORCEMENT ACTIONS. If resolving the violation involves the issuance of a permit, an investigative fee shall be assessed to defray the expense of investigation and enforcement. Administrative Citation: Fines of $100, $200, or $500 per violation for ls` 2nd, or 3`d citation respectively. Each day that the violation occurs or continues is considered a sepazate offense. Criminal Prosecution: Fines up to a maximum of $1.,000 with a possibility of up to 6 months imprisonment for each day. the violation continues. Cease and Desist Order: An order to cease all activity identified as a violation. Ignoring the order is a misdemeanor. Reinspection Fees: Full cost recovery for all inspections if the violation is not corrected within the timeframe identified in the Notice bf Violation. Full Cost Recovery: Recovery of all City costs associated with investigation, enforcement, and resolution of a violation. Notice of Violation Recordation: A Notice of Violation may be recorded against the property with the County Recorder for discovery during a title search. Recordation and cancellation of recordation costs will be assessed per CVMC Section 1.41.040. Nuisance Abatement: Fallowing due process, the City may take any action necessary to eliminate the violation. The violator shall reimburse the City for all costs associated with the investigation and abatement. Non-Issuance of Permits: Any City-issued permits maybe withheld gntil vpiolation has been corrected. p P p m' Civil Penalties: Penalties of up to $1,000 per day, with each da bein a se orate offense, not to exceed $100,000 er ro e Real Proaerty Liens: Alien may be placed against the real property as a means of recovering costs incurred by the City as a result of a code violation. Recorded Assessment: An assessment, to be collected in the same manner as municipal taxes, may be recorded as a means of recovering casts incurred by the City as a result of responding to a code violation. Cost recovery shall be assessed under the provisions of the Chula Vista Municipal Code as set forth in Sections 1.41.140, 1.41.150 and 1.41.160. .41.140 Cost Recovery: Pursuant to Govemment Code Section that was thesubject of abatement or corrective acflon. Notice and :3773, costs and penalties that may be recovered and enforced an, opportunity to be heazd and contest the basis for the against responsible parties under the chapter include, but are not assessment of costs or lien shall be provided to those parties in limited to, the following: accordance with Chapter ].40 CVMC. Following any heazing or A. City's direct cost for abatement of nuisances, together oanfirmation oftcosts againstt herespectivesrespons ble partiesf with applicable overhead; B. Costs of salary and applicable overhead of those city (Ord. 2718 § 3, 1998). employees and contract personnel involved in the 1.41.160 Enforcement: investigation, enforcement and remediation or abatement of a nuisance; A. In accordance with Govemment Code Section 38773, the city C. City costs for equipment use or rental; - manager or a director, or both as appropriate, may enforce the D. Attorney's fees; confirmation of costs as follows: E. Court costs and witness fees; 1. As a personal obligation against a responsible party; and F. Costs of geotechnical, engineeringand other tecfinical 2. Either: a. As a recorded lien with the priority of a services and studies; ud ment lien in the real property records of G. Administrative fines and civil penalties imposed tlteg ounty against any real property which was pursuant to this chapter, the subject of abatement or corrective action; -H. Reinspeetion fees pursuant to CVMC 1.41.060; or I. Costs of monitoring programs necessary for corsecting, b. As an assessment against the property which monitoring, abating or mitigating nuisances and was subject to abatement or corrective action, violations; ~ to be collected in the same manner as J. Any other fee, cost, or expense reasonably and municipal taxes. rationally related to the city's enforcement efforts to abate a nuisance or corsect a violatiomof this code or B. The city manager, city attorney or director is authorized to applicable state law; obtain judicial enforcement for the foreclosure of the lien, where K. Treble damages recoverable pursuant to Government appropriate. In addition, pursuant to Govemment Code Section Code Section 38773.7. (See CVMC 1:41.160(c). {Ord. 35773.7, the city manager may seek treble damages for the 2713 § 3, 1998). abatement costs where the corrective action arose out of of constituted a second or subsequent civil or criminal judgment '1.150 Confirmation of costs: Following the conclusion of the within a two-year period, as provided for in that section. city's remediation, abatement or corrective actions, the director Enactment of this subsection constitutes the enactment of an shalt notify the property owner and appropriate responsible ordinance authorizing the recovery of treble damages in parties of a proposed assessment of costs against each accordance with Government Code Section 33773.7. (Ord. 2713 § individually and as a lien or assessment against the real property 3, 1998). I:\Cude Enforcement Cases\M\main st\263t main st\Back oPNOV form.dac APARTMEiVT AND MOTEL IIVSPECT101V REPORT Subject Address: 2681 Main St., Etc. Motel Units: 10 Units in 1 Building Owner: Heriberto Gutierrez Phone No: (619) 423-8008 Inspection Date: April 22, 2004 All items must be corrected by the date noted on the Notice Of Violation. Some correction items require a building permit to be issued. If a permit is required, Owner must arrange an appointment within 10 days of receiving this Inspection Report by calling the Code Enforcement Officer at (619) 691-5280. - Items listed below are in violation of the City of Chula Vista Municipal Code: CVMC 15.08 -Remove the following items built without a permit OR obtain a building permit for the following: 1. Manager's office addition. 2. Additions to the private dwelling. 3. Auto repair buildings. Items listed below are in Violation of CA Health and Safety Code Section 17920 3 with reference to the 1997 Uniform Housing Code: Items listed below are in violation of the 1997 Uniform Housing Cade section 1001.2 Inadequate Sanitation. Unit 9: Repair and refinish walls and ceiling in bathroom to a sanitary condition. Unit 1: Repair broken window in bathroom. Items listed below are in violation of the 1997 Uniform Housing Code section'1001.5 Hazardous Electrical Wiring.. Units 1,2,5,6,and 7: Replace GFCI duplex outlet in bathroom. - Dwelling Unit: Install blank cover plate on j-box to eliminate bare wires located in the master bedroom. Dwelling Unit: Install new duplex outlet cover plates on all interior duplex outlets that are. missing cover plates. Unit 8 Exterior: Replace damaged exterior duplex outlet cover with new weatherproof outlet cover. Joan Schmid Page 1 of 2 05/17/2004 APARTMENT AND MOTEL INSPECTION REPORT \Subject Address: 2681 Main St., Etc. Motel Units: 10 Units in 1 Building y Owner: Heriberto Gutierrez Phone No: (619) 423-8008 Inspection Date: April 22, 2004 Items listed below are in violation of the 1997 Uniform Housing Code, section 1001.7 Hazardous Mechanical Equipment. All Units: Install new HVAC wall unit. Items listed below are in violation of the 1997 Uniform Housing Code, section 1001.13 Inadequate Fire-Protection or Fire Fightmg Equipment. Units 1, 2, 3,4,8,9: Install operable smoke detector in each unit. Private Dwelling: Install an operable smoke detector in each bedroom. Office: Install fire extinguisher in accordance with CA Title 25. Fire extinguishers shall be commercial type 2A10BC or larger. Extinguisher shall be mounted at 42" from floor. Remove accumulation of fuel load on the property. This includes but is not limited to the. storage of tires, oil, solvents and other flammable items associated with the automotive business. Joan Schmid Page 2 of 2 05/17/2004 AUTO REf~AIR BUSINESS INSPECTION rcEPORT Owner: Heriberto Gutierrez - `wner Address: 4856 Ebbtide Way, San Diego, CA 92154 - oubject Address: 2677 Main St., Chula Vista, CA 91911 Inspection Date: April 12, 2004 Motel and automotive uses are not compatible and may not co-exist on the same lot. The specific elements in violation include, but may not be limited to, the following: 1. CVMC 15.08.040 -Building permits are required for all structures on the property. Records indicate the only structures currently permitted on the property are a motel and a detached, 672 sq. ft. building. 2. CVMC 19.44.040 (F) -Conditional Use Permit required for major auto repair. 3. CVMC 19.44.170 -Enclosure required for all uses including auto repair. 4. CBC 109.1 -Detached, 672 sq. ft. structure converted from a bar into a retail sales/ office for auto repair business without a change of use and occupancy permit. 5. CVMC 19.44.020 -Retail sales is not a permitted use in an IL zone. 6. CVMC 19.44.130 -.Site plan and architectural approval is required for all uses in an IL zone. 7. CVMC 19.44.120 -Lack of required landscaping. 8. CVMC 19.44.140 -Lack of required off-street parking and loading facilities. As the property owner you are responsible for ensuring that the use of the lot is conducted in compliance with the Jaw. In order to comply: A. Immediately cease the motel use. Board and secure the structure. B. Complete all of the following by the correction date shown on the Notice of Violation: ? Apply for a Conditional Use Permit for the major auto repair use. ? Cease all outdoor vehicle repair work. All work must be conducted within an entirely enclosed, permitted structure. ? Obtain a demolish permit and remove all unpermitted structures on site, or submit plans and obtain building permits and inspections for all unpermitted structures. ? Apply for and obtain a change of use and occupancy permit for office structure or cease using structure. Susan Balk Page 1 of 2 05/17/2004 AUTO RErAIR BUSINESS INSPECTION ~-cEPORT Owner: Heriberto Gutierrez - ~wner Address: 4856 Ebbtide Way, San Diego, CA 92154 subject Address: 2677 Main St., Chula Vista, CA 91911 Inspection Date: April 12, 2004 ? Cease retail sales from the property. ? Submit plans and obtain site plan and architectural approval for.the property. ? Submit a landscape plan in compliance with the City Landscape Manual and obtain approval o Provide off street parking and loading facilities as required. Susan Balk Page 2 of 2 05/17/2004 1497 UNIFORM HOUSING CODE 1Q01 1 GOt.tt Chapter 10 "SUBSTANDARD BUILDINGS ScOT10N 1001 - DEFiNIT10N ' - 7. Members of ceilings, roofs, ceiling and [qoE s1lpLOrtS. Or other horizontal members that are of insufficient size to carry im- 1001.1 General. Any building or ponion thereof that is deter- posed Loads with safety. mined [o be an unsafe 6uildins in accordance with Section 1G2 of g. Fire laces or chimneys that list, bulge or settle due to defeo- the Building Code, or any building or ponion thereof, inciudin_ P ~ - any dwelling unit, euest room or suite of rooms. or the premises on rive material or deterioration. which the same is located, in which there exists any of the condi- 9. Fireplaces or chimneys that aze of insufficient size or bons referenced in this section to an extent that endangers the life, strength to catty imposed loads with safety. limb, health, propery, safety ar welfare of the public or the ~ec~- pants thereof, shall be deemed and hereby are declared to 6e sub- 1001.4 Nuisance. Buildings qr portions thereof in whit:[ these exists any nuisance as defined in this code are deemed subs-,andazd standard buildings• buildings. 1001.2 Inadequate Sanitation. Buildings or portions thereof ~ 10015 Hazardous Electrical Wirin;. Electrical wirng that shall be deemed substandard when they are insanitary. Inadequate was installed in violation of code requiremeas in effect at the time sanitation shall include, but not be limited to, the following: of installation or electrical wiring not installed in acrordarca with 1. Lack of or improper water closet, lavatory, bsthmb or show- generally accepted constmction practices in areas who:e no :odes er in a dwelling unit or Ied~in~ house. were in effect or that has not 6eea maintained in good ccndicen or 2. Lac!t of ar im ra er water closets, lavatories, and ba[hmbs that is not being used in a safe manner shall be considered suhstan- or showers per nu be rof roosts in a hotel. dard. - 3. Laclt of or im ro er kimhen sink in a dwelling unit.. 1001.6 Hazardous Plumbing. Plumbing that was installed in. P P violation of code requirements in effec: a[ the time of installation - 4. Lack of hot and cold mooing water to plumbing fixtures in a . or plumbing no[ installed in accordance with generalh• accented hotel. construction practices in areas where no codes were in effect or 5. Lack of ho[ and cold mooing water to plumbing fixtures in a that has not been maintained in rood condition or that is ac[ free of dwelling unit ar lod~in~ house. cross-connections or siphonage between fisrures shall be carsid- = ered substandard. 6. Lac'.t of adequate heating facilities. ` 1001.7 Hazardous Mechanical Equipment. ~[echanical 7. Lack of or improper operation of required vemila[ing equip- equipment that was installed in violation of code roquirements m moot. effect at the time of installation or mechanical equipment no[ in- 8. Lack of minimum amounts of natural light and ventila[ien stalled in accordance with generally accepted consaac:ien prac- required by this code. rites in areas where no codes were in eject or that has not been 9. Room ands ace dimensions less than re uired by this code. maintained in goad and safe condition shall be considered sub- P q standard. ~ - 10. Lack of required electrical lighting. 1001.8 Faulty Weather Protection. Buildings or portions 11. Dampness of habitable rooms. ~ thereof shall be considered substandard when they have faulty 12. Infestation of insects, vermin or rodents as determined by 'Heather protection, which shall include, but not be limited to, the following: the health officer. 13. General dilapidation or improper maintenance. 1. Deteriorated, cmmbling or loose plaster. 14. Lack of connection to required sewage disposal system. Z. Deteriorated or ineffective waterproofing of exterior walls, roof, foundations ar floors, including broken windows or doors. 15. Lack of adequate garbage and rubbish storage and removal 3. Defective or lack of weather protection for exterior wall cov- facili[ies as determined by the health officer. ~ erinss. including lack of paint, or weathering due to lack of paint 1001.3 Structural Hazards. Buildings or portions thereof shall or other approved protective covering. _ be deemed substandard when they are or contain structural haz- 4. Broken, rotted, spflt or buckled exterior wall coverings or ards. Structural hazards shall include, but not be limited to, the fol- roof coverings. lowing. 1001.9 Fire Hazard. Any building or portion thereof. device I. Deteriorated or inadequate foundations. apparatus, equipment, combustible waste, or veaetarion that, in 2. Defective or deteriorated flooring ar floor supports. cite opinion of the chief of the fire depanment, is in such a condi- tion as to cause a fue or explosion or provide a ready fuel to aug- 3. Flooring or floor supports of insufficient size to carry im- meat die spread and intensity of fire or asplosion arising om any posed loads with safety. cause shall be considezed substandard. ' 4. Members of walls, partitions or other vertical supports that 1001.10 Faulty iViaterials of Construc2iun. The use ai mareri- split, lean, list or buckle due to defective material or deterioration. als of constlvctian, except chase the[ are specifically allowed or 5. btembes of wa(is, partitions or other vertical suppers that approved by this code and the Buildin_= Code. and that hate been are of insufficient size to cam imposed loads with safety. adequately maintained in scrod and safe condition. shall cruse a 6. iv[embers of ceainss, roofs, ceihng and roof suopans, or 'building to be substandard. other horizontal members that sa, split or buckle due to defective 1001.11 Hazardous or Insanitarv Premises. T;te accumula- ma[erial or deterioration. tion of weeds, vegemrion, junk. dead or^anie mauur. deers. gar- 19 19.42.180 19.42.180 Wall requirements. - Chapter 19.44 Zoning walls in an I-R zone are subject to the - iditions of CVMC 19.58.150 and 19.58.360. I-L -LIMITED INDUSTRIAL ZONE turd. 1356 § 1, 1971; Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior code § 33.512(I)(10)). Sections: 19.44.010 Purpose. 19.44.020 Permitted uses. 19.44.030 Accessory uses and buildings 19.44.040 Conditional uses. 19.44.050 Prohibited uses and processes. i~,~ 19.44.070 Height regulations. - 19.44.080 Area, lot coverage and yard requirements. 19.44.090 Performance standards. 19.44.100 Fuel restrictions. 19.44.110 Setbacks from residential or agricultural zone -Loading facilities. 19.44.120 Landscaping. 19.44.130 Site plan and architectural approval. 19.44.140 Off-street parking and loading facilities 19.44.150 Outdoor storage. 19.44.160 Trash storage areas. 19.44.170 Enclosures required for all uses - Exceptions. 19.44.180 Wall requirements. 19.44.010. Purpose. The purpose of the I-L zone is to encourage sound limited industrial development by providing and protecting an environment free from nuisances created by some industrial uses and to insure the purity of the total environment of Chula Vista and San Diego County and to protect neazby residen- tial, commercial and industrial uses from anyhaz- ards or nuisances. (Ord. 1281 § 1,1970; Ord. 1212 § 1, 1969; prior code § 33.513(A)). 19.44.020 Permitted uses. - Permitted uses in an I-L zone aze as follows: A. Manufacturing, printing, assembling, pro- . - cessing, repairing, bottling, or packaging of prod- ucts from previously prepared materials, not including any prohibited use in this zone; B. Manufacturing of electrical and electronic instruments, devices and components; C. Wholesale businesses, storage and waze- housing; D. Laboratories; research, experimental, fihn, electronic and testing; E. Truck, trailer, mobilehome, boat and farm implement sales establishments; 19-108 Chula Vista Municipal Code G. Television and radio antennas less than thirty-five feet in height. H. Awnings projecting not more than fifty-four inches and attached to, and supported by, the exterior walls of buildings of Group R-3, Division 3 or U Occupancy. I. Platforms, walks and driveways not more than thirty inches above . grade and not over any basement or story below. J. Temporary motion picture, television and theater stage sets and scenery. K. Prefabricated swimming pools accessory to a Group R, Division 3 Occupancy in which the pool walls are entirely above the adjacent grade and if the capacity does not exceed five thousand gallons. L. Fish ponds, reflective pools or other decorative water containers with a wet surface area of one hundred square feet or less and a maximum depth of eighteen inches to the flood rim. M. Repairs which involve only the replacement of component parts of existing work with similar materials for the purpose of maintenance,. and which do not aggregate over $500.00 in valuation in any twelve-month period, and do not affect any electrical, plumbing or mechanical installations.. Repairs exempt from permit requirements shall not include any addition, change, or modification in construction, exit facilities, or permanent fixtures or equipment. Specifically exempted from permit requirements without limit to valuation are: 1. Painting, papering, decorating and similar work. 2. Installation of floor covering. 3. Cabinet work. 4. Outside paving of R-3 and U Occupancies parking surfaces. (CCR Title 24 Disabled Access Required.) 5. Re-roofing buildings of Group R and U Occupancies of less than five hundred square feet or less than fifty percent of roof covering replacement. This section shall not be construed to require separate building permits for dwellings and accessory buildings or structures on the same property which are described in the building permit application; plot plan and other drawings. Exemption from the permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of the city of Chula Vista Chula Vista Municipal Code (Ord. 2872 § 1, 2002; Ord. 2780-B § 1, 1.999). 15.08.041 Subsection 107.2 amended -Permit fees. Subsection 107.2 of the California Building Code is amended to read as follows: Subsection 107.2 Permit Fees. Permit fees shall be as specified in the Master Fee Schedule of the City of Chula Vista (Ord. 2872 § 1, 2002). 15A8.045 Subsection 107.3 amended -Plan review fees. Subsection 107.3 of the California Building Code is amended to read as follows: Subsection 107.3 Plan Review Fees. When a plan or other data are required to be submitted by Subsection 106.3.2, a plan review fee shall be paid at the time of submitting plans and specifications for review. Said plan review shall be as specified in the Master FeeBchedule. (Ord. 2872 § 1, 2002; Ord. 2831-A § 4, 2001). 15.08.050 Section 107 amended by adding subsection 107.7, Exceptions, waiving fees for government entities, and subsection 107.8, Retention of plans, to charge fees not contained in the UBC. _ Repealed by Ord. 2872 § 9, 2002. (Ord. 2780-B § 1,1999). 15.08.OS0 Subsection 108.1.2 added to Section 108.1 to authorize compliance survey inspections. Subsection 108.1.2 is hereby added to Section 108.1 of the. California Building Code, as it applies in Chula Vista, and .said subsection shall read as follows: Subsection 108.1.2 Compliance Survey Inspection. Upon receipt of a written request for a compliance survey from the owner and payment of the fee specified in the Master Fee Schedule, the Building Official may inspect an existing structure to ascertain its compliance with the provisions of this code and other applicable laws and ordinances, and report findings in writing to the owner. (Ord. 2872 § 1, 2002; Ord. 2780-B § 1, 1999). 15.08.070 Subsection 709.4.1 amended to add an exception to the requirement for parapets. ' Chula Vista Municipal Code Exception 6 is 'hereby added to subsection 709.4.1 of the California Building Code, as it applies in Chula Vista, which - Exception 6 shall read as follows: Exception 6. Conversion of existing Group R occupancies to offices. (Ord. 2872 § 1, 2002; Ord. 2780-B § 1, 1999). 15.08.080 Subsection 904.2.1 amended to require installation of automatic fire-extinguishing system in buildings greater than certain height. Subsection 904.2.1 of the California Building Code is hereby amended, as it applies in Chula Vista, by the addition of the following: In every building regardless of occupancy, group or type of construction, when such building is more than forty feet or four stories or more in .height. (Ord. 2872 § 1, 2002; Ord. 2780-B § 1, 1999). 15.08.090 Section 1503 amended to provide for more restrictive roof coverings. Section 1503 of the California Building Code, as it applies in Chula-Vista, is amended as follows: Section 1503. The roof covering on any structure regulated by this code shall be as specified in Table No. 15-A and as classified in Section 1504. Wood shirigles and wood shakes shall have a minimum Class "C" fire- . resistive rating. (Ord. 2872 § 1, 2002; Ord. 2780-B § 1, 1999). 15.08.100 Subsection 1511.5 added to Section 1511 to require equipment enclosures on roofs. Subsection 1511.5 is hereby added to Section 1511 of the California Building Code, as it applies in Chula Vista, which- subsection 1511.5 shall read as follows: Subsection 1511.5 Equipment Enclosure. Operating equipment, including piping and ducts located on the roof of a building, shall be shielded from view from public thoroughfares, private and public parking lots. Equipment enclosures shall not be constructed so as to trap flammable or combustible vapors. Chula Vista Municipal Code Exception: Solar collectors. Does not include structural supporting members. (Ord. 2872 § 1, 2002; Ord. 2780-B § 1, 1999). Chula Vista Municipal Code City Of Chula Vista Web Site: http•//www chulavistaca qov/City Services/Administrative Services/City Clerk/R ecords/municipal code.asp Chapter 19.44 I-L -LIMITED INDUSTRIAL ZONE Sections: 19.44.010 Purpose. 19.44.020 Permitted uses. 19.44.030 Accessory uses and buildings. 19.44.040 Conditional uses. 19.44.050 Prohibited uses and processes. 19.44.060 Repealed. 19.44.070 Height regulations. 19.44.080 Area, lot coverage and yard requirements. 19.44.090 Performance standards. 19.44.100 Fuel restrictions. 19.44.110 Setbacks from residential or agricultural zone -Loading facilities. 19.44.120 Landscaping. 19.44.130 Site plan and architectural approval 19.44,140 Off-street parking and loading facilities. 19.44.150 Outdoor storage. 19.44.160 Trash storage areas. 19.44.170 Enclosures required for all uses -Exceptions. 19.44.180 Wali requirements. .19.44.010 Purpose. The purpose of the I-L zone is to encourage sound limited industrial development by providing and protecting an environment free-.from nuisances created by some industrial uses and to insure the purity of the total environment of Chula Vista and San Diego County and to protect nearby residential, commercial and industrial - uses from any hazards or nuisances. (Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior code § 33.513(A)). 19.44.020 Permitted uses. Permitted uses in an I-L zone are as follows: Chula Vista Municipal Code A. Manufacturing, printing, assembling, processing, repairing, bottling, or packaging of products from previously prepared materials, not including any prohibited use in this zone; ' B. Manufacturing of electrical and electronic instruments, devices and components; C. Wholesale businesses, storage and warehousing; D. Laboratories; research, experimental, film, .electronic and testing; E.~Truck, trailer, mobilehome, boat and farm implement sales - establishments; F. Public and private building material sales yards, service yards, storage yards, and equipment rental; G. Minor auto repair; H. Laundries, laundry services, and dyeing and cleaning plants, except large-scale operations; I. Car washing establishments, subject to the provisions of CVMC 19.58.060; J. Plumbing and heating shops; K. Exterminating services; L. Animal hospitals and veterinarians, subject to the provisions of CVMC 19.58.050; M. The manufacture of food products, drugs, pharmaceuticals and the like, excluding those in CVMC 19.44.050; N. Electrical substations and gas regulator stations, subject to the provisions of CVMC 19.58.140; O. Temporary tract signs, subject to the provisions of CVMC 19.58.320 and 19.60.470;* P. Any other limited manufactured use which is determined by the commission to be of the same general character as the above uses; Q. Agricultural uses as provided in CVMC 19.16.030. (Ord. 1356 § 1, 1971; Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior code § 33.513(8)). * Code reviser's note: This section amended to conform with provisions of Ord. 1575, 1974. 19.44.030 Accessory uses and buildings. Accessory uses permitted in an I-L zone include: A. Administrative, executive and financial. offices and incidental services, such as restaurants to serve employees, when conducted on the premises; B. Other accessory uses and buildings customarily appurtenant to a permitted use; C. Retail sales of products produced and manufactured on the site; Chula Vista Municipal Code D. Caretaker houses; E. Satellite dish antennas are permitted in accordance with the - provisions of CVMC 19.22.030(F)(1) through (9) and (11) through (13). (Ord. 2160 § 1, 1986; Ord. 2108 § 1, 1985; Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior code § 33.513(C)). 19.44.040 Conditional uses. Conditional uses permitted in an I-L zone include: A. Machine shops and sheet metal shops; B. Service stations, subject to the conditions in CVMC 19.58.280; C. Steel fabrication; D. Restaurants, delicatessens and similar uses; E. Drive-in theaters, subject to the conditions of CVMC 19.58.120; F. Major auto repair, engine rebuilding and paint shops; G. Commercial parking lots and garages; H. Plastics and other synthetics manufacturing; I. Building .heights exceeding three and one-half stories or. 45 feet; J. Unclassified uses, as set forth in Chapter 19.54 CVMC; K. Trucking yards, terminals and distributing operations; L. The retail sale of such bulky items as furniture, carpets and other similar ifems; M. Retail .distribution centers and manufacturers' outlets which require extensive floor areas for the storage and display of merchandise, and the high-volume, warehouse-type sale of goods and retail uses which are related to and supportive of existing, on- site retail. distribution centers of manufacturers' outlets. Conditional use permit applications for the establishment of retail commercial uses, covered by the provisions of this subsection, shall be considered by the city council subsequent to its receipt of recommendationsthereon from the planning commission; N. Roof-mounted satellite dishes, subject to the standards set ' forth in CVMC 49.30.040; ' O. Recycling collection centers, subject to the provisions of CVMC 19.58.345; P. Hazardous waste facilities, subject to the provisions of CVMC 19.58.178. (Ord. 2542 § 4, 1993; Ord. 2252 § 10, 1988; Ord. 2233 § 1Q, 1987; Ord. 2160 § 1, 1986; Ord. 2108 § 1, 1985; Ord. 2031 § 1, 1983; Ord. 1927 § 1, 1980; Ord. 1698 § 1, 1976; Ord. 1356 § 1, 1971; Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior code. § 33.513(D)). 19.44.050 Prohibited uses and processes. j , Chula Vista Municipal Code - Prohibited uses-in an I-L zone include: A. Manufacturing uses and processes involving the primary - production of products from raw materials, including the following materials and uses: 1. Asphalt, cement, charcoal and fuel briquettes, 2. Rubber, chemical and allied products, and soap and detergents, 3. Coal, coke and tar products and the manufacturing of explosives, fertilizers, gelatin, animal glue and size, 4. Turpentine, matches, paint and other combustible materials, 5. Stockyards, slaughterhouses and rendering plants, 6. The storage of fireworks or explosives, 7. Industrial metal, waste rag, glass or paper salvage operations and slag piles, 8. Fish, sauerkraut, vinegar and similar uses, 9. Brewing or distilling of liquors or perfume manufacturing; B. The following processes: nitrating of cotton or other materials; foundries; reduction, refining, smelting, alloying, rolling, drawing and extruding of metal or metal ores; refining of petroleum products; distillation of wood or bones; storage, curing or tanning of raw, green or salted hides or skins; and grain milling; C. Any other use which is determined by the commission to be of the general character as the above uses. (Ord. 1281 § 1, 1970; Ord. 1212 § 1; 1969; prior code § 33.513(E)). 19.44.060 Sign regulations. Repealed by Ord. 2924 § 3, 2003. (Ord. 2309A § 12, 1989; Ord. 1575 § 1, 1974; Ord. 1356 § 1, 1971; Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior code § 33.513(F)). 19.44.070 Height regulations. No building or structure shall exceed three and one-half stories or 45 feet; except, that any building or structure erected to such a height or less that would be detrimental, in the opinion of the commission, to the light, air or privacy of any other structure or use, existing or reasonably to be anticipated, may be reduced. Exceptions are provided in CVMC 19.16.040. (Ord. 1356 § 1, 1971; Ord. 1289 § 1, 1970; Ord. 1212 § 1, 1969; prior code § 33.513(G)). 19.44.080 Area, lot coverage-and yard requirements. The following minimum requirements shall be observed, except as provided in CVMC 19.16.020 and 19.16.060 through 19.16.080 and where increased for conditionaluses: Chula Vista Municipal Code Setbacks in Feet Lot Area (sq. Lot Coverage Front Exterior Side Side Rear L ft.) (max. Yard 10 000 50 Buildings 20* 15* 0** 0** ' Signs 0 0 *Or not less than that specified on the building line map which takes precedence shall be provided and maintained. (See CVMC 19.44.090 through 19.44.180 for other required setbacks.) **Except when adjoining an R or A zone, or areas designated for future residential or agricultural development on the Chula Vista general plan, then not less than 50 feet. (Ord. 1356 § 1, 1971; Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969; priorcode § 33.513(H)). 19.44.090 Performance standards. All uses permitted. by this title shall be subject to initial and continued compliance with the performance standards in Chapter .:19.66 CVMC. (Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior code § 33.513(1)(1)). 19.44.100 Fue! restrictions. Manufacturing and industrial processes in an I-L zone shall use only gas or electricity as a fuel; provided, however, that oil burning equipment may be installed for standby purposes only. (Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior code § 33.513 (I)(2)). 19.44.114 Setbacks from residential or agricultural zone - Loading facilities. In any 1-L zone directly across the street from any R or A zone, or areas designated for future residential or agricultural development on the general plan, the loading facilities and structures shall be a distance of at least 30 feet from said street. (Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior code § 33.513(1)(3)). 19.44.12fl Landscaping. The .site shall be landscaped in conformance with the landscaping manual of the city, and approved by the planning department. (Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior code § 33.513 (I)(4)). Chula Vista Municipal Code 19.44.130 Site plan and architectural approval Site plan and architectural approval is required for all uses in an I-L zone, as provided in CVMC 19.14.420 through 19.14.480. (Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior code § 33.513 (I)(5)). 19.44.140 Off-street parking and loading facilities. Off-street parking and loading facilities are required for all uses in an I-L zone, as provided in CVMC 19.62.010 through 19.62.140. (Ord. 1356 § 1, 1971; Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior code § 33.513{I)(6)). 19.44.150 Outdoor storage. Outdoor storage and sales yards in an I-L zone shall be completely enclosed by solid walls, fences or buildings, or a combination thereof, not less than six feet in height. No merchandise, materials, equipment or other goods shall be stored or displayed higher than the enclosing fence. For other fencing requirements, see CVMC 19.58.150. (Ord. 1356 § 1, 1971; Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior code § 33.513(1)(6)). 19.44.180 Trash storage areas. Trash storage in an I-L zone shall be subject to the provisions of CVMC 19.58.340. (Ord. 1356 § 1, 1971; Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior code § 33.513(1)(7)). 19.44.170 Enclosures required for all uses -Exceptions. All uses in an I-L zone, except sales yards, service yards, storage yards and loading and equipment rental, shall be conducted entirely within an enclosed building. (Ord. 1356 § 1, 1971; Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969;. prior code § 33.513 (I)(9)). 19.44.180 Wall requirements. Zoning walls shall be provided in an I-L zone, subject to the conditions of CVMC 19.58.150 and 19.58.360. (Ord. 1356 § 1, 1971; Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior code § 33.513 (1)(10)). The current zoning does conditionally permit the auto repair use. The Owner, Heriberto Gutierrez, is required to submit for a Conditional Use Permit from the City which shall include a business plan that addresses the use, storage and disposal of all hazardous materials generated on the site. To remedy the situation, the City of Chula Vista has issued a "Notice and Order to Abate" the motel use as it presents a life safety endangerment to patrons of the motel. The City requests that the "Notice and Order to Abate" issued on September 8, 2004 be confirmed-and that the Property Owner be directed to abide by the requirements of said notice. 2. Recommended Disposition The City of Chula Vista seeks to have the Notice and Order to Abate" issued on September 8, 2004 be upheld. That the Property Owner be directed to abide by the requirements of said notice. That the structure known as the ETC Motel be vacated and secured against entry. That the remaining businesses and structures on the parcel shall be brought into compliance with City of Chula Vista Municipal Codes and CA State building Codes. 3. Chronology of events: January 5, 2004 - A complaint was filed with Code Enforcement regarding violations at . .2681 Main St. That antifreeze was dumped in the gutter and that there was heavy acid welding next to the mote( building. January 15, 2004 -Code Enforcement Officer Susan Balk visited the site with Mike Hice from City Engineering. Property Owner said all businesses on site were operating under his business license. Work was taking place outside of shop. Radiator business around the corner on 27t" St. said he is renting area from Property Owner -said he just started -has no business license. Code Enforcement Officer Susan Balk told him he is required to have a structure to have a business. He-said he would vacate by 1/20/04. Code Enforcement Officer Susan Balk informed Property Owner that some of the structures on the property did not appear to be legal and that his business would eventually be reviewed for compliance. Took photos. January 20, 2004 -Code Enforcement Officer Susan Balk researched property. No business license found for auto repair business on property. Joan T. Schmid Page 2 1012fi/2004 February 3, 2004 -Code Enforcement Officer Joan Schmid sent standard letter of - notification of CA Health and Safety Inspection of the ETC Motel. April 12, 2004 -Code Enforcement Officer Susan Balk visited the site and discussed violations with the Property Owner. Property Owner suggested that he build a wall with a gate around the property. Property Owner agreed to get permits on the illegal construction. Code Enforcement Officer Susan Balk informed him that the auto repair business appears to be an illegal use on the property. April 22, 2004 -Code Enforcement Officer Joan Schmid inspected the ETC Motel. Took photos. April 26, 2004 -Code Enforcement Officer Joan Schmid wrote the Inspection Report documenting code violations on the motel business. May 10, 2004 -Code Enforcement Officer Joan Schmid inspected the property with Fire Inspector Gary Edmonds. May 17, 2004 -Code Enforcement Officer Joan Schmid sent "Notice of Violation" with a cover letter, the inspection reports on both business and copies of the relevant code sections to the Property Owner. June 7, 2004 -Code Enforcement Officer Joan Schmid, Code Enforcement Officer Susan Balk, Martin Miller and Senior Code Enforcement Officer Don Johnson met with the Owner and two of his friends. Discussed the incompatibility of the two uses on the property. Discussed options that could bring property into compliance. August 26, 2004 -Received information that Owner had a meeting with City Planner Michael Walker. Re: Owner's intent to close businesses on property and develop the site. August 27, 2004 -Code Enforcement Officer Joan Schmid called Owner and asked if he would consider closing the motel voluntarily. Pointed out that the property is a fire- trap to motel patrons. Owner refused. September 1, 2004 -Owner's lawyer, James Stevens, called Code Enforcement Officer Joan Schmid to request a meeting. September 2, 2004 -Code Enforcement Officer Joan Schmid set up a meeting for September 7, 2004 with City Deputy Attorney David Hanson, Mike Walker, Code Enforcement Officer Susan Balk and Code Enforcement Officer Joan Schmid present. September 2, 2004 -Owner's attorney cancelled previously agreed upon date and time for the meeting. Joan T. Schmid Page 3 10126/2004 September 8, 2004 -Code Enforcement Officer Joan Schmid called Owner's attorney - with new date and time for a meeting. Mr. Stevens could not make the meeting. September 8, 2004 -Code Enforcement Officer Joan Schmid posted the "Abatement of Public Nuisance" at the motel business office and gave a copy to the Owner's wife and sent a copy by certified mail to the Owner's residence. Took pictures and noted that the majority of the violations were still present. - September 21, 2004 -Code Enforcement Officer Joan Schmid received a phone message that the Owner's lawyer had questions regarding the appeal process. Code Enforcement Officer left a return call message. September 22, 2004 -Owner's attorney requested that the appeal forms be faxed to his office. Code Enforcement Officer Joan Schmid faxed the forms within 15 minutes. Mr. Stevens had a question regarding the discrepancy in the two deadlines for appeal Code Enforcement Officer clarified that it was always the intention of the City to provide 15 days for the appeal deadline. September 22, 2004 - An appeal was filed by Owner's attorney. A $500.00 deposit was paid to the City. October 5, 2004 -Code Enforcement Officer Joan Schmid attended the inspection of the site by Brad Richardson, County of San Diego. Environmental Health Specialist. Mr. Richardson issued a San Diego County "Notice of Violation" for hazmat violations. October 6, 2004 -Code Enforcement Officer Joan Schmid received a letter from the Owner's attorney protesting the County inspection. 4. Exhibits/Attachments Copy of the Assessor Records on the parcel Letter to Property Owner regarding CA Health and Safety inspection dated February 3, 2004. The "Notice of Violation" with attached Inspection Reports and copies of the codes dated May 14, 2004. "Notice and Order to Abate Public Nuisance" dated September 8, 2004. "Appeal from Order to Abate" dated September 22, 2004. PHOTOS: Site photos dated January 15, 2004 Site photos dated April 12, 2004 Site photos dated April 22; 2004. Site photos dated September 8, 2004. Memo to file of property history with aerial photos dated October 25, 2004. Joan T. Schmid Page 4 10126@004 5. Attached Relevant Code Sections: - Chula Vista Municipal Code, Chapter 1.30 Abatement of Public Nuisance. Chula Vista Municipal Code, Section 15.08.040 Exempted work. Chula Vista Municipal Code, Section 19.44-.020 Permitted uses in an IL zone. Chula Vista Municipal Code, Section 19.44.040 Conditional uses permitted in an IL zone. Chula Vista Municipal Code, Section 19.44.120 Landscaping requirements. Chula Vista Municipal Code, Section 19.44.130 Site plan and architectural approval requirements. Chula Vista Municipal Code, Section 19.44.140 Off street parking requirements. Chula Vista Municipal Code, Section 19.44.170 Enclosures required for all uses. California Health and Safety Code Section 17920.3. State housing law. 1997 Uniform Housing Code, Section 202 -Substandard building defined as a public nuisance. 1997 Uniform Housing Code, Section 1001.5 Hazardous Electrical Wiring. 1997 Uniform Housing Code, Section 1001.7 Hazardous Mechanical Equipment. 1997 Uniform Housing Code, Section 1001.13 Inadequate Fire-protection. California Building Code Section 109.1 Use and occupancy change. Joan T. Schmid Page.5 10/26/2004 TABLE OF CONTENTS 1. Appeal of Order to Abate 2. Order to Abate 3. Notice of Violation 4. Housing Inspection Notice 5. Property History 6. Inspection Photos 7. Assessor Records 8. CVMC 1.30 9. CVMC 15.08 10. CVMC 19.44 11. UHC Chapter 2 & 10 12. CBC 109.1 r _ _ . i ~ ; February 3, 2004 Etc. Motel C/o Heriberto Gutierrez 2681 Main Street Chula Vista, CA 91911 RE: APARTMENT INSPECTION - 2681 Main Street, Chula Vista, CA 91910 The State of California Health and Safety Code requires local jurisdictions to enforce all rules and regulations regarding the maintenance, sanitation, ventilation, use or occupancy of apartment houses, hotels, and motels. (Health and Safety Code, Section No. 17961) In addition, the. City evaluates your property using the Uniform Housing Code. In response to this requirement, the Chula Vista Planning and Building Department is preparing to conduct an inspection of the property referenced above. The inspection is scheduled for apri122, 2004, commencing with a meeting at 9:00 A.M. At this time, the inspection will consist of the exterior of the buildings and all common areas, which will include interior corridors and other interior common areas. An interior inspection of all units will take place at this time. The attached sheets explain the conditions we will be checking, as well as copies of the code_sections that apply. Please be sure that the property is in compliance with the indicated code sections. Your cooperation in completing the required inspection will be greatly appreciated. Please be present or provide a representative with authority to access units as needed. Please provide any legal notification to tenants as re wired b law. If ou have any questions regarding this notification, please do not q Y Y hesitate to contact the undersigned at (619) 691-5280 between 8:00-9:00 am, M-F. ~he City of Chula Vista does not have a current business ?icense on file for this address. Please obtain a current business license before the above inspection date. Sincerely, Joan T Schmid Code Enforcement Officer Attachments Building Code ?nspection Check List 7997 UNIFORM HOUSING CODE 7007 1001.71 Chapter 70 SUBSTANDARD BUILDINGS SECTION 1001 -DEFINITION 7. Members of ceilings, roofs, ceilins and roof supports, or 1001.1 General. An building or onion thereof that is deter- other horizontat members that are of insufficient size to tarty im- mined to be an unsafe buiidins in accordance with Section 102 of Posed loads with safety. the Buildins Code, or any building or portion thereof, including 8. Fireplaces or chimneys that list, buLe or settle due to defec- any dwelling unit, guest room or suite of rooms, or the premises on rive material or deterioration. which the same is located, in which there exists any of the condi- 9. Fireplaces or chimneys that are of insufficient size or [ions referenced in this section to an extent that endangers the life, strength to carry imposed loads with safety. limb, health, property, safety or welfaze of the public or the occu- 1001.4 Nuisance. Buildings or portions thereof in which there pants thereof, shall be deemed and hereby are declazed to be sub-. exists any nuisance as defined in this code aze deemed substandard standard buildings. buildings. 1001.2 Inadequate Sanitation. Buildings or portions thereof 10015 Hazardous Electrical Wiring. Electrical wiring that shall be deemed substandard when they aze insanitary. Inadequate was installed in violation of code requirements in effect at the time sanitation shall include, but not be limited to, the following: of installation or electrical wiring not installed in accordance with 1. Lack of or improper water closet, lavatory, bathtub or show- generally accepted construction practices in areas where no codes er in a dwellins unit or lodging house. were in effect or that has not been maintained in good condition or Z. Lack of or improper water closets, lavatories, and bathtubs that is not beins used in a safe manner shall be considered substan- dazd. or showers per number of vests in a hotel. • 3. Lack of or improper kitchen sink in a dwelling unit. 1001.6 Hazardous Plumbing. Plumbing that was installed in violationof code requirements in effect at the time of installation 4. Lack of hot and cold Winning water to plumbing fixtures in a or plumbing not installed in accordance with generally accepted hotel. construction practices in areas where no codes were in effect or Lack of hot and cold running water to plumbing fixtures in a that has not been maintained in rood condition or that is not free of dwellino unit or lodsino house. cross-connections or siphonage between fixtures shall be consid- ` eyed substandazd. 6. Lack of adequate heating facilities. 7. Lack of or improper operation of required ventilating equip- 1001.7 Hazardous Mechanical Equipment. Mechanical equipment that was installed in violation of code requiremena in men[. effect at the time of installation or mechanical equipment not in- 8. Lack of minimum amounu of natural light and ventilation stalled in accordance with senerally accepted construction pra~- required by this code. rites in areas where no codes were in effector that has not been 9. Room and space~dimensions less than required bythis code, maintained in good and safe condition shall be considered suh- standard. 10. Lack of required electrical lighting. - 1001.8 Faulty Weather Protection. Buildings or portions 11. Dampness of habitable rooms. thereof shall be considered substandard when they have faulty 12. Infestation of insects, vemtin or rodents as determined by weather protection, which shall include, but no[ be limited to, the the health officer. following: 13. General dilapidation or improper maintenance. 1. Deteriorated, crumbling or loose plaster. 14. Lack of connection to required sewage disposal system. 2. Deteriorated or ineffective waterproofing of exterior walls, roof, foundations or floors, includins broken windows or doors.. 15. Lack of adequate gazbage and mbbish storage and removal 3. Defective or lack of weather protection for exterior wall cov- facilities as determined by the health officer. Brings, includine lack of pain[, or weathering due to lack of paint 10013 Structural Hazards. Buildings or portions thereof shall or other approved protective covering. be deemed substandazd when they are or contain structural haz- 4. Broken, rotted, split or buckled exterior wall coverings or - ards. Structural hazards shall include, but not be limited to, the fol- roof coverings. lowing: 1001.9 Fire Hazard. Any building or portion thereof, device, 1. Deteriorated or inadequate foundations. apparatus, equipment, combustible waste, or vegetation that, in 2. Defective or deteriorated flooring or floor supports. the opinion of the chief of the fire department, is in such a condi- tion as to cause a fue or explosion or provide a ready fuel to aua 3. Flooring or floor supports of insufficient size to carry im- ment the spread and intensity of fue or explosion arising from any posed loads with safety, cause shall be considered substandard. ' 4. Members of walls, partitions or other vertical supports that 1001.10 Faulty Materials of Construction. The use of materi- split, lean,list or buckle due to defective material or deterioration. als of construction exce t those that are s cificall allowed or P Pe Y 5. Members of walls, partitions or other vertical supports that approved by this code and the Building Code, and that have been .are of insufficient size to carry imposed loads with safety. adequately maintained in good and safe condition, shall cause a 6. Members of ceilings, roofs, ceiling and roof supports, or building to be substandard. other horizontal members that sae, split or buckle due to defective 1001.11 Hazardous or Insanitary Premises. The accumula- material or deterioration. [ion of weeds, vegetation, junk, dead organic matter, debris, sat- - 19 1997 UNIFORM HOUSING CODE 1001.14 ~ bage, offal, rat harborages, stagnant water, combustibie materials, lack of an adequate number or width of exits, or when other condi- and similar materials or conditions on a premises constitutes fire, lions exist that are dangerous to human life. health or safet}• hazards that shall be abated in accordance with [he n_rocedures specified in Chapter I1 of this code. 1001.13 Inadequate Fire-protection or Firefighting Equip- ' 101.12 Inadequate Exits. Except for those buildings or por- ment Buildings or portions thereof shall be considered substan_ bons thereof that have been pmvided with adequate exit facilities dard when they are not provided with the fue-resistive can- conforming to the provisions of this code, buildings or portions struction or fue-extinguishing systems or equipment required by thereof whose exit facilities were installed in violation of code re- t}us code, except those buildings or portions thereof that con- quirements in effect at the time of they construction or whose exit formed with all applicable laws at the time of their construction facilities have not been increased in number or width in relation to and whose fue-resistive integrity and fue-extinguishing systems any increase in occupant load due to alterations, additions or or equipment have been adequately maintained and improved in chance in use or occupancy subsequent to the time of construction relation to any increase in occupant load, alteration or addition, or shat] be considered substandard. any change in occupancy. . Notwithstanding compliance with code requirements in effect 1001.14 Improper Occupancy. All buildings or portions there- at the time of their constmction, buildings or portions thereof shall of occupied for livins, sleeping, cooking or dining purposes that be considered substandard when the building official fords that an were not designed or intended to be used for such occupancies unsafe condition exists throueh an improper location of exits, a shall be considered substandard. »f iAY; 20 rx~ TOP Tii~'~TY INSPECTION CHECK LIST -Apartments & Hotels DATE: LOCATION: LET' '~ZTNIBERS: Bathrooms 1 ~§'ater closet flushes correctly and «7th no leaks ! ' 2 Bathroom sink is in good, sound condition and ~~ith no leaks 3 Bathtub and shower are in good, sound condition 4 Hot water is readily available ' ' ~ Duplex (GFCI) outlets work correctly 6 i%entilation is provided Kitchens 7 Sink is in good, sound condition with no leaks a Garbage disposal works and is properly instilled 9 Hot water is readily available 10 Ventilation is provided General - 11 Smoke alarms ire installed and operable u 12 Fire extinsuishers are present and have current certification 13 Heater is in good working condition 14 Water heaters installed correctly u-ith seismic straps and T&P valves 1 ~ No hazardous electrical wiring/ plumbinJ maintenance . 16 Room ventilation (Windows/AC) is in sound, operating condition 17 ?~o evidence of infestation of insects, vermin or rodents ~ 18 loo general dilapidation or improper maintenance 19 No damage to the building's structure ~ 20 Adequate garbage and rubbish storage and removal facilities 1 ~1t/> - Citt OF CHLJtA VISTA Department of Planning and Building Date: October 25, 2004 To: ETC Motel File, 2681 Main ST. i From: Joan Schmid Subject: Property history ETC Motel 1951 -the Western Aire (ETC) motel opened with 8 units. 1728 S.F. 1954 -three more units added. A covered porch and breezeway connected the 2 buildings. The ell shape footprint created. Permit # 1313474, 864 S.F. 1964 - a separate manager's apartment/office was built. Permit # 192459, 672 S.F. ~T ~x z ~ "fig" - S 1 Vi r"-j4~ xj x $i~4 ~ ¢ tl 'w '''~'i v S x ~ ay, °ef A 't ~ ~ ~~t s ~ ~ ~r~"n- a ~ t. Ls v x °F... f~ ~ L ' _ e'd! s" P i ~s~ , 4 3 ~ s 4 fi ~ ~ ~ ~ ~~t F _a ~ ~ `k~~"~. _ X1968 aerial view J:\Code Enforcement Case~M\main st\Etc Motel FIDETC history,DOC 1975 -the manager's unit was changed to a bar. Permit # 119694 - 1975 - A sign permit was granted for the bar. Permit # ZAS75-211 1982 -phone book listing for Baja Parts ahd Machine Shop. 1989 -the manager's unit was listed as an auto parts retail store by the County Assessor. 1991 -permit pulled to increase electrical service to 100 amps to allow for machining equipment on the site. Permit #101056 1992 -sign permit pulled for auto parts store. Permit # 16770 _ ~G 4 x ~ ~ce®... y e~ .i- max( y. m....°.~a .a m `~i k~ (pp c r i ~ a: rms. a t. C' : y ® 'L ' - _ " 1994 Aerial view i J:\Code Enforcement Case~M\main st\Etc Motel HH:TC history.DOC ~3C F~v i'T+' ~ ~ }g~ u t f 1 -u. ,i lM. 0 a=.= = _ bt'~'.. R = ~ hi-?.2 :i S "Eddies 8/21/2000" 2001 -phone book listings for Baja Parts And Machine Shop, Eddies Tires, Mufflers And Auto Repair, and the ETC Motel at this parcel. 2002 -phone book listings for Eddies Tires, Mufflers And Auto Repair and the ETC Motel at this parcel a.^~u ~ i ~1 R _ a r 2002 Aerial view J:\Code Enforcement Case9M\main st\Etc Motel HAETC history.DOC MAiN 5T 2~iC num paws (13Rw Fc OFPICG> D - RN~EK..CktN.~ C'oV~EYS pk~i¢CH-- g~Nrt MpoD v4~ vt_P 62EEZE wnV ~ 811NtT Mo'YE't. Bt-DG -P~ / 2004 Sketch map of parcel Hatched areas show the extent of the site coverage by structures built without a permit. J:\Code Enforcement CascAM\main stlEtc Motel HRETC history.DOC 2681 Main St. Joan T. Schmid September 8, 2004 Pictures taken on day of posting Notice and Order to Abate ~ ~ ~z~~ ~~/l`Y4,f .G'" ~ I j"~'"b n 1 ~ ~ l-: Z 9~ tt~~ a 1 i ~_S Cy L/ l - 0~ ~®.30194 96 ~ ~ ~ Notice and Order to Abate s ~ 1 ' f ' 3 ~ N ~ ( ~ ~ I (II YI t~~ ~ ~ _ it ~i ~ ® j Gv I9:~ 3 ~ I ~ v~ Notice posted at motel office Motel is on the left, auto shop is at right ~ ~ w, 9~ r [1 Y ty,5 e~Ale ~ tees, , i. i~ 'e' I ~ i _ ~ r i° ~ ~'1 ~ r. i i a ~ ~ ~~'~6,' ~ ~ Y&'~.. ~ i .a -a• ~ 2wq b Petroleum products stored on property. Joan Schmid Page 1 10/26/2004 2681 Main St. Joan T. Schmid September 8, 2004 Pictures taken on day of posting Notice and Order to Abate v ~ F-~ - ~ ~ r ~ r ~.2~--'~' ~ ~ a~~,. t--~ l ~ ~ ~`3E~~ jS. ~ ~ r~~ y..w.~ W ~ t ~ ~tl ~~1 d p ~ ~ ~l)~~~l~~ ~ X11117 ~ '~I i ~ ~ i ~ ~ ~ ~ ~ . ~r%.' i v I ~ ~ 09.0-~®6A Ogg-~~...'~, . bgy~ kiY ~ i LA.I.. Illegal additions to the motel are blocking alternate fire escape routes ~ s j" ~ ~ , 9 m ( } ~ s ~ ~ ~ ~ ~ ~ ~ ~I ~ ' ~ } r c£ YY. ~~~~Jf~i~ ~~:o~.2~m~- :o~.zaoa l~ ~ Illegal addition~to the original motel office. Original motel office. ,r 't G~° ~ ~ n ~ ~ 1 -.w , ~ -r.~"is~ ,7 i t; i; h'~` i n & rw. ~ . Pe ,_d ~ _s- .+Ma z ~r,~ k ~s ,..ter.": North face of property, Storage shed on property. Joan Schmid Page 2 10/26/2004 2681 Main St. Joan T. Schmid September 8, 2004 Pictures taken on day of posting Notice and Order to r4bate ,y , 7~~ 3 " t ~ 14 ,a'~` I ~ ~ v ~ v , ~ ~ ~3 1 wA_, s r " ,"_~<~.u""~,. ~ ~ Accumulation of tires. Tire storage up against motel walls. ~ ~y 1 ~ ~ ~ > r~tv ~c<,~~v ~ v d~_ v vv" , , ~ R ~ Y { _ E. ~ P ~ rr~ '1 ~1.~ ~t'I T1 ~~OM~ W 4X , ~~'f' K U~~~~h ~ K ~ti ~ fh Uz21.'1~F F fy rl ~v 7.~ ~m2n". ~tllli u G.4_ ii Y I f ~ f~~~ / e 1 °s ' ~ fi f ~ w 4 ~ p k o' v ¢ , r~ iv~~ ~~y~ _ ~ i p l -5 VAUNIY ~Q k p ~i 1 A A ~ ~ tr F ~a. r i~d ~ ' ~ h ~ ~ w~' v ti 09.09.2006 90:06 r ~t~~ d ft~ti.;~,"~ Illegal addition to motel Illegal storage structure Joan Schmid Page 3 10/26/2004 2681 Main St. Joan T. Schmid September 8, 2004 Pictures taken on day of posting Notice and Order to Abate ~i~~ ~ " ~ 4 ~ ~ ~-J)s I I r r ~ ilk "`T . -v . r. .u ~°;5. The auto repair shop forms a large "C" shape that surrounds the motel on three sides. Joan Schmid Page 4 10/26/2004 2681 Main 5t. Susan Balk January 15, 2004 Site Visit Photos i r~ 4 ~ ~ s ~d 'I~ ~ ~ ~q ~ ~,eC~a"~ lute tl' r'7 ~ ~ ~ . ~ % ' ~r~~; ~ ~ w~ ~ ; ~ l~ ~ C New radiator repair shop showing illegal carport cover that is attached to motel building. i _ `~'L. ~ ? u ~ zn:, .~i,~ itF. 5.. ,z.-.._ Entrance to motel parking lot. Illegal signage for both business shown. F ~~fliES ° ~'~~Rk"3o- K ~ , Nt~t~u ~ , i R,~ P.y 1' _q~y Exterior that faces North. Interior view of auto repair w/ illegal structures. 2681 Main St. Joan T. Schmid April 22, 2004 Site Visit Photos r ~ r~ ~ C ~ ~ ~ ~ ~ ~ ~~NTRt? i I dF(l~'E' F MU"I'E t ~ , ~ 4 ~ n i r ~ ~ ' j t ®~:3®6& 04:23 & " ~ > ~ , ~ NO pgNY1NG Illegal signage at entrance to motel. d ~~a . 6& 64:x§ Illegal room addition that also enclosed the breezeway. Z . O 0 y W ~ ~ N ~ ° I. M Y a 'v ° ~ " ~ ao V W \ ~ ~ ° ~ ° N ! 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I I ~ - r-i I -i( ~ ! 11..{ t i _ i (_I~ ~ ~ :1_ -I-_II' ~ r ~ ~ - T _ ~~._I I I - I I I I ~ I I I. ~ ! - I I I I i I ' 1J-r~ L I l- _U-L ~ 4 ~ -t ' - ~ ~ ' iF r- fii ' ~ I t-r ~ Y I ~ _ ! - -I- ~ L I ~ . , I I L ~ L it T } (..L. - _ I L1_-F--_~1.r I • I - ~ ~ - Chula Vista Municipal Code City Of Chula Vista Web Site:. http~//www chulavistaca gov/City Services/Administrative ServiceslCity Clerk/R ecords/municipal code.asp Chapter 1.30 ABATEMENT OF PUBLIC .NUISANCE Sections: 1.30.010 Purpose. 1.30.020 Definitions. 1.30.030 Summary abatement power. 1.30.040 Scope of chapter. 1.30.050 Nuisance declared. 1.30.060 Service of notice and order to abate. 1.30.070 Appeal procedure. 1.30.080 Appeal fee -Determination of amount/waiver of payment/refund. 1.30.090 Hearing procedure. 1.30.100 Determination of the hearing examiner. 1.30.110 Time for compliance. 1.30.120 Noncompliance with order to abate. 1.30.130 Report and notice of hearing. 1.30.140 Hearing on report. 1.30.150 Cost as special assessment and lien. 1.30.160 Transmittal of report to auditor -Inclusion in tax bill. 1.30.170 Manner of collection -Laws applicable. 1.30.180 Violations. 1.30.010 Purpose. This chapter is enacted pursuant to Civil Code Section 3491 et seq. and Government Code Section 38771 et seq.; and is intended to be an alternative procedure for the abatement of any public nuisance declared to be a violation of any statute, regulation or ordinance enforced by the city. It is intended to provide a uniform procedure for notification, right of appeal and assessment of costs and collection thereof for the abatement of public nuisances. This chapter may be used in conjunction with procedures established in Chapters 1.40 and 1.41 CVMC. The procedure herein is supplemental to the general penalty provision found in Chapter 1.20 CVMC and is intended to rovide due rocess for all those _ p p ce. Ord. 2718 1 1998 Ord. ublic nuisan , re uited to abate a ( § , p q 2187 § 2, 1987; Ord. 1655 § 1, 1975). Chula Vista Municipal Code 1.30.020 Definitions. - Whenever the following words or phrases are used in this chapter, they shall have the meaning prescribed below: The "city abatement officer" shall be the city officer responsible for enforcement of the city ordinances being violated and who initially declares said violation to be a public nuisance. (Ord. 2187 § 2, 1987; Ord. 1655 § 1, 1975). 1.30.030 Summary abatement power. Whenever this code or any other provision of law authorizes the city manager or any other city officer to declare a public nuisance, the nuisance may be summarily abated by any reasonable means and without notice or hearing when immediate action is necessary to preserve or protect the public health or safety because of the existence of a dangerous condition or imminent threat to life, safety on public or private property. Summary abatement actions shall not be subject to the notice and hearing requirements of this chapter, and a city code enforcement officer shall not be prohibited from summary abatement actions after initiation of proceedings pursuant to this chapter, if immediate action at any time becomes necessary to preserve or protect the public health or safety. Summary abatement is to be limited to those actions which are reasonably necessary to immediately remove the threat. In the event a public nuisance is summarily abated, the city abatement officer may nevertheless keep an account of the cost of abatement and bill the property owner therefor. If the bill is not paid within 15 days from the date of mailing, the abatement officer may ` proceed to obtain a special assessment and lien against the owner's property in accordance with the procedures set forth in CVMC 1.30.130 through 1.30.170. (Ord. 2718 § 1, 1998; Ord. 2187 § 2, 1987; Ord. 1655 § 1, 1975). 1.30.040 Scope of chapter. Whenever a public nuisance is declared, it may be abated in accordance with the procedures provided in this chapter, Nothing in this chapter shall be construed to limit the right and duty of any city officer to take immediate action to preserve or protect public health or safety. The procedures set forth in this chapter are not exclusive but are cumulative to all other civil and criminal remedies provided by law. The seeking of other remedies shall not- preclude the simultaneous commencement. of proceedings pursuant to this chapter. (Ord. 2187 § 2, 1987; Ord. 1655 § 1, 1975). 1.30.050 Nuisance declared. A city code enforcement officer may declare a public nuisance for any reason specified in any city ordinance. Upon a public nuisance Chula Vista Municipal Code being declared, the city code enforcement officer shall issue a notice and order to abate substantially in the followirig form: NOTICE AND ORDER TO ABATE NOTICE IS HEREBY GIVEN THAT _ [specify the condition constituting the nuisance] is in violation of Section _ of the Chula Vista Municipal Code [or other applicable code or ordinance]. The violation has been declared a public nuisance by the city code enforcement officer and must be abated immediately. The public nuisance is on property located at [insert address or other legal property description]. YOU ARE HEREBY ORDERED TO ABATE SAID PUBLIC NUISANCE within [insert a reasonable number of days (not less than ten)] consecutive calendar days from the issuance of this order. The issuance date is specified below. You may abate the nuisance by [insert desired action which, if taken, will adequately remedy the situation]. If you fail to abate the public nuisance within the number of days specified, the city may order its abatement by public employees, private contractor, or other means, and the cost of said abatement may be levied and assessed against the property as a special assessment lien or billed directly to the property owner. YOU MAY APPEAL FROM THIS ORDER OF ABATEMENT but any . such appeal must be brought prior to the expiration of the number of days specified above for completion of abatement. The appeal must be in writing; specify the reasons for the 'appeal; contain your name, address' and telephone number; be accompanied by an appeal fee of dollars and be submitted to the city manager at the following address: City Manager 276 Fourth Avenue Chula Vista, California 91910 Tel. No. (619) 691-5031 One who is legally indigent, as determined by guidelines prepared by the city manager and after consultation with the city attorney, may obtain a waiver of the appeal fee. Upon timely receipt of the appeal and accompanying fee, or waiver, the city manager will cause the matter to be set for hearing and notify you of the date and location of the hearing. _ If you have any questions regarding this matter, you may direct them to the city officer issuing this notice at the. address or telephone number listed below. ISSUANCE DATE: Chula Vista Municipal Code (Name, title, address and telephone number of the city abatement officer issuing this notice) (Ord. 2718 § 1, 1998; Ord. 2187 § 2, 1987; Ord. 1655 § 1, 1975). 1.30.060 Service of notice and order to abate. The notice and order to abate shall be served in the following manner: A. By personal service; or B. By certified mail, addressed to the owner, or his or her agent, at the address shown on the last equalized assessment roll or as otherwise known, and addressed to anyone known to the city abatement officer to be in possession of the property at the street address of the property being possessed. Service shall be deemed to have been completed upon the deposit of said notice and order, postage pre-paid, in the United States mail; and C. By posting such notice and order to abate conspicuously in front of the property on which, or in front of which, the nuisance exists, or if the property has no frontage upon any street, highway, or road, then upon the portion of the property nearest to a street, highway, or road, or most likely to give actual notice to the owner and any person known by the city abatement officer to be in possession of the property. (Ord. 2718 § 1, 1998; Ord. 2187 § 2, 1987; Ord. 1655 § 1, 1975). 1.30.070 Appeal procedure. Any owner or other person in possession of the property may appeal any notice and order to abate issued pursuant to this chapter to the city manager or designee within 10 days, as allowed in the notice and order to abate. The appeal shall be submitted in writing; specify the grounds upon which the appeal is taken; contain the name, address, and telephone number of the appellant; be accompanied by the payment of an appeal fee as set forth in the master fee schedule and be filed with the city manager. Timely appeal shall stay any further abatement action until the hearing is concluded. The city manager or designee shall set the matter for hearing before a hearing examiner and notify the parties in writing of the date and location of the hearing at least 10 days prior to said date. (Ord. 2718 § 1, 1998; Ord. 2187 § 2, 1987; Ord. 1655 § 1; 1975). 1.30.080 Appeal fee - De#ermination of amount/waiver of payment/refund. At the time of filing an appeal, the appellant shall pay the required #ee(s) as set forth in the city's master fee schedule. If the appellant claims an economic hardship in paying the appeal fee, he or she may submit an application for waiver of the appeal Chula Vista Municipal Code fee on forms provided by the city manager for that purpose. The forms shall be substantially similar to those required of litigants initiating court proceedings in forma pauperis pursuant to Section 68511.3 of the Government Code. The forms shall be executed under penalty of perjury and contain a declaration as to the truthfulness and correctness of the information contained therein. Upon submittal of the completed forms; the appeal fee shall be waived, if justification is demonstrated. Failure to submit the waiver forms or pay the appeal fee in a timely manner shall cause the appeal request to be automatically denied. Enforcement of the order to abate may then proceed as if no appeal request had been submitted. If the appeal fee is paid and the hearing examiner finds there is no public nuisance, the appeal fee shall be refunded to the appellant without the payment of any interest which could have accrued. (Ord. 2718 § 1, 1998; Ord. 2506 § 1, 1992; Ord. 2187 § 2, 1987; Ord. 1655 § 1, 1975). 1.30.090 Hearing procedure. Hearings before a hearing examiner appointed from a list of qualified persons approved in writing by the city manager shall be conducted in accordance with the following procedures: A. Oral evidence shall be taken only on oath or affirmation. The hearing examiner is authorized to issue subpoenas, administer oaths, and conduct the hearing. B. Each party shall have these rights: to be represented by legal counsel; to call and examine witnesses; to introduce exhibits; to cross-examine opposing witnesses on any matter relevant to the issues, even though the matter was not covered in the direct examination; to impeach any witness regardless of which party first called the witness; to testify in his or her own behalf. He or she may be called and examined as if under cross-examination. C. The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions and irrelevant and unduly repetitious evidence shall be excluded. D. The hearing shall be conducted in the English language. The proponent of any testimony to be offered by a witness who does not proficiently speak the English language shall provide an interpreter Chula Vista Municipal Code approved by the hearing examiner conducting the proceeding as proficient in the English language and the language in which the witness will testify. The cost of the interpreter shall be paid by the party providing the interpreter. E. The hearing may be continued from time to time upon request of a party to the hearing and upon a showing of good cause therefor. F. The administrative procedures of Chapter 1.40 CVMC may be utilized to supplement the above. (Ord. 2718 § 1, 1998; Ord. 2187 § 2, 1987; Ord. 1655 § 1, 1975). ` 1.30.100 Determination of the hearing examiner. The city hearing examiner shall allow or overrule any or all objections, and reverse, modify or affirm the determinations of the city code enforcement officer, and may direct the city code enforcement officer to proceed and perform the work of abatement if not performed by the owner or the person in possession of the property within the prescribed time. The decision of the hearing examiner shall be in writing, contain findings of fact and conclusions of law, and be filed with the city clerk within five working days of the conclusion of the hearing. A copy of the decision shall be sent to each party appearing at the hearing, and if no appearance was made by the appellant, to him or her by mail at the address specified in the appeal. The decision of the hearing. examiner shall be final when filed with the city clerk and constitutes the exhaustion of administrative remedy. {Ord. 2718 § 1, 1998; Ord. 2187 § 2, 1987). 1.30.110 Time for compliance. If the hearing examiner decides that the order to abate should be enforced, the owner, his or her agent or person in possession of the property shall comply with the order within such period of time as may be therein prescribed, and in the absence of any prescribed time, within three days from the date of final determination. (Ord. 2718 § 1, 1998; Ord. 2187 § 2, 1987). 1.30.120 Noncompliance with order to abate. Upon the failure, neglect or refusal to properly comply with the order to abate within the prescribed time period, the city abatement officer may cause to be done whatever work is necessary to abate the public nuisance. An account of the cost of abatement shall be kept for each separate assessor's parcel involved in the abatement. When the city has completed the work of abatement or has paid for such work; the owner of the property shall pay the costs of abatement (see CVMC 1.41.140): To this amount shall be added the appeal fee, if it was previously waived. The combined amounts Chula Vista Municipal Code shall be included in a bill and sent by mail to the owner or his or her agent for payment, if not paid prior thereto. The bill shall apprise the owner that failure to pay the bill within 15 days from the date of mailing may result in a lien or assessment being placed upon the property. (Ord. 2718 § 1, 1998; Ord. 2506 § 1, 1992; Ord. 2187 § 2, 1987). 1.30.130 Report and notice of hearing. If the bill is not paid within 15 days from the date of mailing, the city code enforcement officer shall render an itemized report in writing to the city manager for hearing and confirmation. To the report shall be attached the names and addresses of all persons having any record interest in the property. At least 10 days prior to said hearing, the city manager or designee shall give notice, by certified mail, of said hearing to the record owner of each assessor's parcel involved in the abatement, the holder of any mortgage or deed of trust of record, and any other person known to have a legal interest in the property. Said notice shall describe the property by street number,- legal description and tax assessor's parcel number sufficient to enable identification of the property and contain a statement of the amount of the proposed assessment. (Ord. 2718 § 1, 1998; Ord. 2187 § 2, 1987). 1.30.10 Hearing on report, At the time fixed for receiving and considering the report, the city manager shall hear the report or cause it to be heard by a hearing examiner for the purpose of considering any objections of any of . the owners liable to be assessed for the work of abatement, or any other persons who may have a legal interest in the property. The city manager or .hearing examiner shall add to the proposed assessment an amount. equal to the cost of conducting the assessment confirmation hearing. The city manager, or designee, may also make such other modifications in the report as are deemed necessary, after which the report shall be confirmed .and be final and conclusive. (Ord. 2718 § 1, 1998; Ord. 2187 § 2, 1987). 1.30.150 Cost as special assessment and lien. A certified copy of the assessment shall be recorded by the city clerk in the office of the county recorder. The amounts and the costs of abatement mentioned in the report as confirmed shall constitute a special assessment against such property, and are a lien on the property for the amount of the respective assessment. In addition to its rights to impose said special assessment, the city shall retain the alternative right to recover its costs by way of civil action against the owner and person in possession or control jointly and severally. (Ord. 2718 § 1, 1998; Ord. 2187 § 2, 1987). Chula Vista Municipal Code 1.30.180 Transmittal of report to auditor -Inclusion in tax bill. A copy of the report as confirmed shall be turned over to the county auditor on or before the tenth day of August following such confirmation, and the auditor shall enter the amounts of the respective. assessments against the respective parcels of land as they appear on the current assessment roll. The tax collector shall include the amount of the assessment on bills for taxes levied against the respective parcels of land. (Ord. 2187 § 2, 1987). 1.30.170 Manner of collection -Laws applicable. A. Thereafter, the amounts of the assessment shall be collected at the same time and in the same manner as city taxes are collected, and are subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary city taxes. All laws applicable to the levy, collection and enforcement of city taxes are applicable to such assessments. B. As an alternative, the city manager or hearing examiner may impose an abatement lien upon the property in accordance with CVMC 1.41.160. (Ord. 2718 § 1, 1998; Ord. 2187 § 2, 1987). " 1.30.180 Violations. It is unlawful for any person to interfere with the performance of the duties herein specified for the city code enforcement officer or any authorized officer or employee thereof, or to refuse to allow any such officer or employee or approved private contractor to enter upon any premises for the purpose of abating the public nuisance or to interfere in any manner whatever with said officers or employees in the work of abatement. Paying a fine or serving a jail sentence shall not relieve any person from responsibility for correcting any: condition which violates any provision of a code being enforced pursuant to this chapter. (Ord. 2718 § 1, 1998; Ord. 2187 § 2, 1987). Chula Vista Municipal Code City Of Chula Vista Web Site: _ http llwww chulavistaca qov/City Services/Administrative Services/City Clerk/R _ ecordsJmunicipal code asp Chapter 15.08 BUILDING CODE* Sections: 15.08.010 California Building Code, 2001 Edition adopted by reference. 15.08.020 Subsection 104.2.1 -General -Amended to designate assistant director of the building division as building official 1.5.08.030 Subsection 105.1 -Board of appeals and advisors amended to confer suitability of alternate materials jurisdiction on board of appeals. 15.08.040 Exempted work -Subsection 106.2 is amended to .delete exemptions for certain types of construction from the requirement to obtain a building permit. 15.08.041 Subsection 107.2 amended -Permit fees. 15.08.045 Subsection 107.3 amended -Plan review fees. 15.08.050 Repealed. _ 15.08.060 Subsection 108.1.2 added to Section 108.1 to authorize compliance survey inspections. 15.08.070 Subsection 709.4.1 amended to add an exception to the requirement for parapets. - 15.08.080 Subsection 904.2.1 amended to require installation of automatic fire-extinguishing system in buildings greater than certain height. 15.08.090 Section 1503 amended to provide for more restrictive roof coverings. 15.08.100 Subsection 1511.5 added to Section 1511 to require .equipment enclosures on roofs. * For statutory. provisions regarding the authority of cities to regulate the building, construction and removal of buildings within the city, see Gov. Code § 38601; for other provisions of the State Housing Act, see Health and Safety Code § 17910, et seq. Prior legislation: Prior code 8.1 and 8.3; Ords. 778, 1315, .1570, 1727, 1770, 1901, 2027, 2155, 2341,2439,2506, 2507, 2639 and 2644. 15.08.010 California Building Code, 2001 Edition adopted by reference. Chula Vista Municipal Code There is hereby' adopted by reference the California Building Code, known as the California Code of Regulations Title 24, Part 2, and Appendix_ Chapter 3, Division II; Appendix Chapter 15; Appendix Chapter 31, Division II and Division III of that certain document as copyrighted by the International Conference of Building Officials and the California Building Standards Commission. Chapter 11, Accessibility, is hereby exempted. Said document is hereby adopted as the building code of the city of Chula Vista for regulating the erection, construction, enlargement, alteration, repair, moving, demolition, conversion, occupancy, use, height, and area of all buildings and structures in the city, and providing for,the issuance of permits and collection of fees therefor, and each and all such regulations, provisions, penalties, conditions and terms of the California Building Code, 2001 Edition, 2nd Appendix Chapter 3, Division- II; Appendix Chapter 15; Appendix Chapter 31, Division II and Division III are hereby referred to, adopted, and made a part hereof as though fully set forth herein, excepting such portions as .are hereinafter deleted, modified, or amended. (Ord. 2872 § 1, 2002; Ord. 2780-B § 1, 1999). 15A8.020 Subsection 104:2.1 -General -Amended to designate assistant director of the building division as building official Subsection 104.2.1 of the California Building Code, as it applies in the city of Chula Vista, is hereby amended to read as follows: Subsection 104.2.1 General. The Building Official is hereby authorized and directed to enforce ail the provisions of this code. 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 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 interpretations, rules and regulations shall be in conformity with the intent and purpose of this .code. The Building Official shall be the Assistant Director of the Building Division. (Ord. 2872 § 1, 2002; Ord. 2780-B § 1, 1999). 15.08.030 Subsection 105.T -Board of appeals and advisors amended to confer suitability of alternate materials jurisdiction onboard of appeals. Subsection 105.1 of the California Building Code, as it applies in .the city of Chula Vista, is hereby amended to read as follows:. r~ Chula Vista Municipal Code Section 105.1 Board of Appeals and Advisors. To determihe the suitability of alternate materials, methods of construction and to provide for reasonable interpretation of the provisions of this code, there shall be and is hereby .created a Board of Appeals and Advisors consisting of seven members who are qualified by experience and training to pass upon matters pertaining to building construction. The Building Official shall be an ex-officio member who shall not be entitled to vote and who shall act as secretary to the Board. The Board of Appeals and Advisors shall be appointed by the Mayor and confirmed by the City Council. The Board shall render all decisions and findings in writing to the Building Official with a duplicate copy to the appellant. The decision of the Board is final. The Board of Appeals and Advisors shall recommend to the City ' Council such new legislation deemed necessary to govern construction in the City of Chula Vista. - (Ord. 2872 § 1, 2002; Ord. 2780-B § 1, 1999). 15.08.fl40 Exempted work -Subsection 106.2 is amended to delete exemptions for certain types of construction from the requirement to obtain a building permit. Subsection 106.2 of the California Building Code, as it applies in Chula Vista, shall read as follows: Subsection 106.2 EXEMPTED WORK. No person, firm, or corporation shall erect, "construct, enlarge, alter, repair, move, improve, remove, convert, or demolish any building or structure in the city of Chula Vista or - cause the same to be done without first obtaining a separate building permit for each such building or structure from the Building Official except as follows: A. Fences up to seventy-two inches and freestanding masonry walls up to forty-eight inches in height above the highest adjacent grade. B. Detached patio covers, not exceeding twelve feet in height, with a projected roof area not to exceed one hundred forty-four square feet and at least six feet from any building or structure on the same property. C. One-story detached accessory buildings, not exceeding twelve feet in height used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed one hundred forty-four square feet and are located so as to comply with the provisions bf Chula Vista Municipal Code, Section 19.58.020. D. Oil derricks. E. Movable cases, counters, and partitions not over five feet, nine inches ' in height. F. Retaining walls which are not over three feet in height measured from the top of the footing to the top of the wall, unless supporting a surcharge or impounding flammable liquids. r. Chula Vista Municipal Code G. Television and'radio antennas less than thirty-five feet in height. H. Awnings projecting not more than fifty-four inches and attached to, and supported-by, the exterior walls of buildings of Group R-3, Division 3 or U Occupancy. 1. Platforms, walks and driveways not more than thirty inches above . grade and not over any basement or story below. J.' Temporary motion picture, television and theater stage sets and scenery. K. Prefabricated swimming pools accessory to a Group R, Division 3 Occupancy in which the pool walls are entirely above the adjacent grade and if the capacity does not exceed five thousand gallons. L. Fish ponds, reflective pools or other decorative water containers with a wet surface area of one hundred square feet or less and a maximum depth of eighteen inches to the flood rim. M. Repairs which involve only the replacement of component parts of existing work with similar materials for the purpose of maintenance, and which do not aggregate over $500.00 in valuation in any twelve-month period, and do not affect any electrical, plumbing or mechanical installations. Repairs exempt from permit requirements shall not include any addition, change, or modification in construction, exit facilities, or permanent fixtures or equipment. Specifically exempted from permit requirements without limit to valuation are: 1. Painting, papering, decorating and similar work 2. Installation of floor covering. 3. Cabinet work. 4. Outside paving of R3 and U Occupancies parking surfaces. {CCR Title 24 Disabled Access Required.) 5. Re-roofing buildings of Group R and U Occupancies of less than five hundred square feet or less than fifty percent of roof covering replacement. This section shall not be construed to require separate building permits for dwellings and accessory buildings or structures on the same property which are described in the building permit application, plot plan and other drawings. Exemption from the permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of the city of Chula Vista. Chula Vista Municipal Cod. 19.44.050 F. Public and private building material sales B. Service stations, subject to the conditions in yards, service yards, storage yazds, and equipment CVMC 19.58.280; v rental; C. Steel fabrication; G. Minor auto repair; D. Restaurants, delicatessens and similar uses; H. Laundries, laundry services, and dyeing and E. Drive-in theaters, subject to the conditions of cleaning plants, except large-scale operations; CVMC 19.58.120; I. Car washing establishments, subject to the F. Major auto repair, engine rebuilding and provisions of CVMC 19.58.060; paint shops; J. Plumbing and heating shops; G. Commercial parking lots and garages; K. Exterminating services; H. Plastics and other synthetics manufacturing; L. Animal hospitals and veterinarians, subject I. Building heights exceeding three and one- to the provisions of CVMC 19.58.050; half stories or 45 feet; - M. The manufacture of food products, drugs,. J. Unclassified uses, as set forth in Chapter pharmaceuticals and the like, excluding those in 19.54 CVMC; CVMC 19.44.050; K. Trucking yards, terminals and distributing N. Electrical substations and gas regulator sta- operations; tions, subject to the provisions of CVMC L. The retail sale of such bulky items as fumi- 19.58.140; tore, carpets and other similar items; O. Temporary tract signs, subject to the provi- M. Retail distribution centers and manufactur- sions of CVMC 19.58.320 and 19.60.470;* ers' outlets which require extensive floor areas for , P. Any other limited manufactured use which is the storage and display of merchandise, and the determined by the cotnmission to be of the same high-volume, wazehouse-type sale of goads and general character as the above uses; retail uses which aze related to and supportive of Q. Agricultural uses as provided in CVMC existing, on-site retail distribution centers of man- 19.16.030. (Ord. 1356 § 1, 1971; Ord. 1281 § 1, ufacturers' outlets. Conditional use permit applica- 1970; Ord. 1212 § 1,1969; prior code § 33.513(B)). tions for the establishment of retail commercial uses, covered by the provisions of this subsection, * Code reviser's note: This section amended to conform shall be considered by the city council subsequent with provisions of Ord. 1575, 1974. to its receipt of recommendations thereon from the planning cotnmission; 19.44.030 Accessory uses and buildings. N. Roof-mounted satellite dishes, subject to the Accessory uses permitted in an I-L zone standards set forth in CVMC 19.30.040; include: O. Recycling collection centers, subject to the A. Administrative, executive and financial provisions of CVMC 19.58.345; offices and incidental services, such as restaurants p. Hazazdous waste facilities, subject to the pro- to serve employees, when conducted on the pre- visions of CVMC 19.58.178. (Ord. 2542 § 4, 1993; mixes; Ord. 2252 § 10, 1988; Ord. 2233 § 10, 1987; Ord. B. Other accessory uses and buildings custom- 2160 § 1,1986; Ord. 2108 § 1,1985; Ord.2031 § 1, arily appurtenant to a permitted use; 1983; Ord. 1927 § 1, 1980; Ord. 1698 § 1, 1976; C. Retail sales of products produced and manu- Ord. 1356 § 1, 1971; grd. 1281 § 1, 1970; Ord. factored on the site; 1212 § 1, 1969; prior code § 33.513(D)). D. Cazetaker houses; - ' E: Satellite dish antennas aze permitted in 19.44.050 Prohibited uses and processes. accordance with the provisions of CVMC prohibited uses in an I-L zone include: 19.22.030(F)(1)throogh (9) and (11) through (13). A. Manufacturing uses and processes involving (Ord. 2160 § 1, 1986; Ord. 2108 § 1, 1985; Ord. the primary production of products from raw mate- 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior code rials, including the following materials and uses: § 33.513(C)). 1. Asphalt, cement, chazcoal and fuel bri- quettes, 19.44.040 Conditional uses. 2. Rubber, chemical and allied products, and Conditional uses permitted in an I-L zone soap and detergents,. include: 3. Coal, coke and tar products and the manu- A. Machine shops and sheet metal shops; factoring of explosives, fertilizers, gelatin, animal glue and size, 19-109 19.44.060 4. Turpentine, matches, paint and other com- street. In the case of corner lots, only one frontage ` Stible materials, shall be counted, - 5. Stockyards, slaughterhouses and render- b. The sign may contain one square foot ing plants, of area for each lineal foot of street frontage but 6. The storage of fireworks or explosives, shall not exceed 150 square feet. In the case of cor- 7. Industrial metal, waste rag, glass or paper ner lots or through lots, only the frontage the sign salvage operations and slag piles, is oriented to shall be counted toward the allowable 8. Fish, sauerkraut, vinegar and similar uses, sign area, 9. Brewing or distilling of liquors orperfume c. Maximum height, 35 feet, manufacturing; d. Minimum ground clearance, eight feet, B. The following processes: nitrating of'cotton e. The sign shall not be permitted to or other materials; foundries; reduction, refining, project into the public right-of--way, smelting, alloying, rolling, drawing and extending f. The sign shall maintain a 20-foot set- ofinetal or• metal ores; refining of petroleum prod- back from all interior property lines, ucts; distillation of wood or bones; storage, curing g. Freestanding pole signs less than eight or tanning of raw, green or salted hides or skins; feet in height are restricted to a maximum sign area and grain milling; of 12 square feet and shall maintain a minimum C. Any other use which is determined by the setback of five feet from all streets, commission to be of the general chazacter as the h. Only the name of the complex and four above uses. (Ord. 1281 § 1, 1970; Ord. 1212 § 1, tenant signs, or a total of five tenant signs, maybe 1969; prior code § 33.513(E)). displayed on the sign. Where the pole sign is used to identify the name of the complex or the major 19.44.060 Sign regulations. tenant, the sign shall be designed to identify all See CVMC 19.60.020 and 19.60.030 for permit proposed tenants up to the maximum number requirement and approval procedure. allowed herein. The minimum sign azea allocated A. Types of Signs Allowed. Business (wall for each tenant shall be not less than 10 squaze feet; and/or mazquee and a freestanding sign) subject to 3. Ground (monument): A low-profile the following: ground sign may be used in lieu of a freestanding 1. Wall and/or mazquee: Each business shall pole sign. The sign shall be subject to the following: be allowed a combined sign area of one square foot a. Maximum height, eight feet, per lineal foot of building frontage facing a dedi- b. Maximum sign azea, 50 squaze feet, toted street or alley; however, the sign azea maybe c. The sign shall maintain a minimum set- increased to a maximum of three square feet per back of five feet from all streets and 10 feet from lineal foot of building frontage; provided, that the all interior property lines, sign does not exceed 50 percent of the background d. The sign structure shall be designed to area on which the sign is applied as set forth in be architecturally compatible with the main build- ' az mate- . in and constructed with the same or simrl CVMC 19.60.250, g Each business shall also be allowed signs fat- rials. Where the pole sign is used to identify the ing on-site pazking azeas for five cazs or more and .name of the complex or the major tenant, the sign walkways 10 feet or more in width. Such signs shall be designed to identify a1T proposed tenants shall be allowed an area of one squaze foot per lin- up to the maximum number allowed herein. The ' _ eal foot of building frontage facing said azea; how- minimum sign azea allocated for each tenant shall ever, the azea maybe increased to two squaze feet be not less than 10 squaze feet. per lineal foot of building frontage; provided, that B. Other Signs. See Chapter 19.60 CVMC for the sign does not exceed 50 percent of the back- the following signs: Window (CVMC 19.60.270); ground area on which the sign is applied as set canopy (CVMC 19.60.280): temporary construc- forth in CVMC 19.60.250. The maximum sign azea lion (CVMC 19.60.290); public and quasi-public shall not exceed 100 square feet; (CVMC 19.60.310); drive-in theater marquees 2. Freestanding (pole): Each lot shall be (CVMC 19.60.320); directional (CVMC allowed one freestanding sign subject to the fol- 19.60.340);. warning and instructional (CVMC lowing: 19.60.350); service station price signs (CVMC a. Signs are restricted to those lots having 19.60.360); directory (CVMC 19.60.370); real es- 'minimum frontage of 100 feet on a dedicated late (CVMC 19.60.380); unclassified uses (CVMC 19.60.400); signs on mansazd roofs (CVMC 19-110 Chula Vista Municipal Codes 19.44.080 19.60.410); signs on pitched roofs (CVMC design manual. (Ord. 2309A § 12, 1989; Ord. 1575 19.60.420);business (CVMC19.60.430);andsigns § 1, 1974; Ord. 1356 § 1, 1971; Ord. 1281 § 1, on architectural appendages (CVMC 19.60.440). 1970; Ord.1212 § 1,1969; prior code § 33.5 l3(F)). Signs on Screening Walls or Fences. In lieu of a freestanding sign, a sign may be applied to 19.44.070 Height regulations. a wall or fence used for screening of parking areas. No building or structure shall exceed three and The sign shall be subject to the following: one-half stories or 45 feet; except, that any building a. The sign may only denote the name of or structure erected to such a height or less that the principal business or the name of the commer- wouldbe detrimental, in the opinion of the commis- cial complex, Sion, to the light, air or privacy of any other struc- b. Maximum sign area, 25 square feet. lure or use, existing or reasonably to be anticipated, C. Other Regulations. All. signs are subject to maybe reduced. Exceptions are provided in CVMC the regulations of CVMC 19.60.040 through 19.16.040. (Ord. 1356 § 1, 1971; Ord. 1281 § 1, f CVMC 19.60.140 1970; Ord. 1212 § 1, 1969; prior code § 33.513(G)). dards o 19.60.130 and the Stan through 19.60.210. D. Nonconforming Signs. See CVMC 19.44.080 Area, lot caverage and yard 19.60.090 through 19.60.120. requirements. 'a ittee ma reduce The followin minimum requirements shall be E. The desten review comm y g sign areas below those authorized above based on observed, except as provided in CVMC 19.16.020 the sign guidelines and criteria contained in the and 19.16.060 through 19.16.080 and where increased for conditional uses: Setbacks in Feet Lot Area (sq, ft.) Lot Coverage (max. Front Exterior Side Yard Side Rear 10,000 50 Buildings 20* 15* 0** 0** Signs 0 0 *Or not less than that specified on the building line map which takes precedence shall be provided and maintained. (See CVMC 19.44.090 through 19.44.180 for other required setbacks.) **Except when adjoining an R or A zone, or areas designated for future residential or agricultural development on the Chula Vista general plan, then not less than 50 feet. (Ord. 1356 § 1, 1971; Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior code § 33.513(H)). 19-111 19.44.090 19.44.090 Performance standards. - equipment or other goods shall be stored or dis- All uses permitted by this title shall be subject to played higher than the enclosing fence. For other dial and continued compliance with the perfor- fencing requirements, see CVMC 19.58.150. (Ord. mance standards in Chapter 19.66 CVMC. (Ord. 1356 § 1, 1971; Ord. 1281 § 1, 1970; Ord. 1212 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior code § 1, 1969; prior code § 33.513(I)(6)). § 33.513(I)(1)). 19.44.160 Trash storage areas. 19.44.100 Fuel restrictions. Trash storage in an I-L zone shall be subject to Manufacturing and industrial processes in an I-L the provisions of CVMC 19.58.340. (Ord. 1356 zone shall use only gas or electricity as a fuel; pro- § 1, 1971; Drd. 1281 § 1, 1970; Ord. 1212 § 1, ' vided, however, that oil burning equipment maybe 1969; prior code § 33.513(I)(7)). installed for standby purposesonly.(Ord.1281 § 1, = 1970; Ord. 1212 § 1, 1969; prior code § 33.513 19.44.170 Enclosures required for all uses - (I)(2)) Exceptions. All uses in an I-L zone, except sales yazds, ser- 19.44.110 Setbacks from residential or vice yazds, storage yards and loading and equip- agricultural zone -Loading went rental, shall be conducted entirely within an facilities. enclosed building. (Ord. 1356§ 1, 1971; Ord. 1281 In any I-L zone directly across the sheet from § 1, 1970; Ord. 1212 § 1, 1969; prior code § 33.513 any R or A zone, or areas designated for future res- (I)(9)). idential or agricultural development on the general plan, the loading facilities and structures shall be a 19.44.180 Wall requirements. distance of at least 30 feet from said street. (Ord. Zoning walls shall be provided in an I-L zone, 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior code subject to the conditions of CVMC 19.58.150 and § 33.513¢)(3)). 19.58.360. (Ord. 1356 § 1, 1971; Ord. 1281 § 1, _ 1970; Ord. 1212 § 1, 1969; prior code § 33.513 19.44.120 Landscaping. (I)(10)). The site shall be landscaped in conformance with the landscaping manual of the city, and approved by the planning department. (Ord. 1281 § 1,1970; Ord. 1212 § 1,1969; prior code § 33.513 , (I)(4))• 19.44.130 Site plan and architectural approval. Site plan and architectural approval is required for all uses in an I-L zone, as provided in CVMC 19.14.420 through 19.14.480. (Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior code § 33.513. _ ~)(5))• ' _ 19.44.140 Off-street parking and loading ' facilities. Off-street pazking and loading facilities aze required for all uses in an I-L zone, as provided in CVMC 19.62.010 through 19.62,140. (Ord. 1356 § 1, 1971; Ord. 1281 § 1, 1970; Ord. 1212 § 1, - 1969; prior code § 33.513(I)(6)). _ 19.44.150 Outdoor storage. Outdoor storage and sales yazds in an I-L zone shall be completely enclosed by solid walls, fences buildings, or a combination thereof, not less than eix feet in height. No merchandise, materials, 19-112 2001 CAL1FOflNIA BUILDING CODE 108.4 109.6 There shall be a final inspection and approval of all buildings approved plans are not readily available to the inspect0y for fail- - and structures when completed and ready for occupancy and use. ure to provide access an the date forwhich inspection is requested, ' or far deviating from plans requiring the approval of the building lOBS Required Inspections. official. t c 108.5.1 (For HCD IJ General. Reinforcing steel or structural To obtain a reinspection, the applicant shall file an application t n framework of any part of any building or structure shall not be thereforinwritingonaformfumishedforthatpurposeandpaythe ~l coveted or concealed without first obtaining the approval of the reinspection fee in accordance with Table 1-Aor as set forth is the building official. fee schedule adopted by the jurisdiction. Protection ofjoints and penetrations in fire-resistive assemblies In instances where reinspection fees have been assessed, no shall not be concealed from vie•.v until inspected~and approved. additional inspection of the work~will be performed until the re- t c The enforcing agency, upon notification, shallmakethe inspec- quired fees have been paid.. i c tions prescribed by Sections 108.5.2, 108.53, 108.5.4, 108.5.5, I) i c 108.5.6 and 108.6. ~ SECTION 109 - CEATIF3CATE OF OCCUPANCY ' ~ t c 108.5.2 For HCD I Foundation ins ection. Inr eciion shall J p P 109.1 Use and Occupancy. No building or structure shall be i c be made afer excavations far footings is complete and any re- used or occupied, and no change in the existing occupancy classi- quired reinforcing steel is in place. For concrete foundations, any fication of a building or structure or portion thereof shall be made required forms shall be in place prior to inspection. All materials until the building official has issued a certificate of occupancy i Afor thefounda[ionshallbeonthejobsite; however, where concrete therefor as provided herein is ready mixed in accordance with approved nationally recog- i n nized standards, the concrete need ndtbe on thejob site. W}tere the EXCEPTION: Group R, Division 3 and Group U Occupannies. foundation is to be constmcted of approved treated wood, addi- Issuance of a certificate of occupancy shall not be construed as tional inspections may be required by the building official. an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Certificates presuming to give ou- t c 108.5.3 [Far HCD1]Concrefeslaborunder-floor inspecfion, thoritytoviolateorcanceltheprovisionsofthiscodeorotherordi- II tt. c Inspection sRa/I be made after all in-slab or under-floor reinforc- ponces of the jurisdiction shall not be valid. tt. c ing steel building service equipment, conduit, piping accessories i c and other ancillary equipment items are installed, but before any 109.2 Change in Use. Changes in the characterotuse of abuild- concrete is placed or floor sheathing installed, including the sub- ing shall not be made except as specified in Section 3405 of this floor. code. t c 108.5.4 (For HCD 1] Frame inspecfion. Inspection shall be 109.3 Certificate Issued. Afterthe buildingofficialinspects the II tt. c made afterthe roof, roofdeck orsheathing, all framing, fire block- building or stmcture and finds no violations of the provisions of icing and bracing are in place and all conduits, plumbing pipes, this code or other laws that are enforced by the code enforcement II ~ c chimneys and vents to be concealed are complete and the rough agency, the building official shall issue a certificate of occupancy L ~ electrical, plumbing, and heating wires, conduiu, plumbing pipes that shall contain the following: and ducts are approved. 1: The:building permit number. t c 108.5.5 [For HCD 1] Lath or gypsum board inspection. In- 2. The address of the building. [t. c spection shall be made after all lathing and gypsum board, interior 3. The name and address of the owner. i c and exterior, are in place, but before any plastering is applied or before gypsum board joints and fasteners are taped and finished. 4. A description of that portion of the building for which the certificate is issued. ~~.L A,108.5.6 (For HCD I] Finalinspeetion. Inspectton shall be madd after finish grading and the building is completed and ready 5. A statement that the described portion of the building has for occupancy. been inspected for comptiance with the requirements of this code for the group and division of occupancy and the use for which the 108.6 Special Inspections. Far special inspections, see Chapter proposed occupancy is classified. ' 17. 6. The name of the building official. 108.7 Other Inspections. In addition to the called inspections 109.4 Temporary Certificate. If the building official finds chat specified above, the building official may make or require other no substantial hazard will result from occupancy of any building inspections of any constructionworktoascertaincompliancewith or portion thereof before thesameiscompleted,atemporarycer- the provisions of this code and other laws which are enforced by tificate of occupancy may be issued forthe use of a portion or por- thecodeenforcementagency. tionsofabuildingorstrucmzepri0rtothecompletionoftheentire 108.8 Reinspecfiaas. A reinspection fee may be assessed for building or structure. . ~ each inspection or reinspection whensuch portion of work for 109.5 Posting. The certificate of occupancy shall be pasted in a which inspection is called is not complete or when corrections conspicuous place on the premises and shall not be removed ex- called far are not made. cepf by the building official. This section is not to be interpreted as requiring reinspection = 109.6 Revocation. The building.,afficial may, in writing, sus- fees the first time a jab is rejected for failure to comply with the Pend or revoke a certificate of occupancy issued under the provi- . requirements of this code, but as controlling the practice of calling slops of this code whenever the certificate is issued in ertor, or an for inspections before the job is ready for such inspection or re- the basis of incorrect information supplied, or when it is deter- inspection. -mined that [he building or stmeture ar portion thereof is in viola- Reinspecfion fees may 6e assessed when the inspection record lion of any ordinance of regulation or any of the provisions of this card is pat posted or otherwise available on the work site, the code. ' 1-5.9 - Chula Vista Municipal Code (Ord. 2872 § 1, 200; Ord. 2780-B § 1, 1999). L 15.08.041 Subsection.107.2 amended -Permit fees. Subsection 107.2 of the California Building Code is amended to read as follows: Subsection 107.2 Permit Fees. Permit fees shall be as specified in the Master Fee Schedule of the City of Chula Vista (Ord. 2872 § 1, 2002). 15.08.045 Subsection 107.3 amended - Pian review fees. Subsection 107.3 of the California Building Code is amended to read as follows: Subsection 107.3 Plan Review Fees. When a plan or other data are required to be submitted by Subsection 106.3.2, a plan review fee shall be paid at the time of submitting plans and specifications for review. Said plan review shall be as specified in the Master Fee Schedule. (Ord. 2872 § 1, 2002; Ord. 2831-A § 4, 2001). 15.08.050 Section 107 amended by adding subsection 107.7, - Exceptions, waiving fees for government entities, and subsection 107.8, Retention of plans, to charge fees not contained in the UBC. Repealed by Ord. 2872 § 1, 2002. (Ord. 2780-B § 1, 1999). 15.OS.OSO Subsection 108.1.2 added to Section 108.1 to authorize compliance survey inspections. Subsection 108.1.2 is hereby added to Section 108.1 of the California Building Code, as it applies in Chula Vista, and said subsection shall read as follows: Subsection 108.1.2 Compliance Survey Inspection. Upon receipt of a written request for a compliance survey from the owner and payment of the fee specified in the Master Fee Schedule, the Building Ofricial may inspect an existing structure to ascertain its .compliance with the provisions of this code and other applicable laws and ordinances, and report findings in writing to the owner (Ord. 2872 § 1, 2002; Ord. 2780-B § 1, 1999). 15.08.070 Subsection 709.4.1 amended to add an exception to the requirement for parapets. Chula Vista Municipal Code Exception 6 is hereby added to subsection 709.4.1 of the California Building Code, as it applies in Chula Vista, which Exception 6 shall read as follows: Exception 6. Conversion of existing Group R occupancies to offices. (Ord. 2872 § 1, 2002; Ord. 2780-B § 1, 1999). 15.08.080 Subsection 904.2.1 amended to require installation of automatic fire-extinguishing system in buildings greater than certain height. Subsection 904.2.1 of the California Building Code is hereby amended, as it applies in Chula Vista, by the addition of the following: In every building regardless of occupancy, group or type of construction, when such building is more than forty feet or four stories or more in height. (Ord. 2872 § 1, 2002; Ord. 2780-8 § 1, 1999). 15.08.090 Section 1503 amended to provide for more restrictive roof coverings. Section 1503 of the California Building Code, as it applies in Chula Vista, is amended as follows: Section 1503. The roof covering on any structure regulated by this code shall be as specified in Table No. 15-A and as classified in Section 1504. Wood shirigles and wood shakes shall have a minimum Class "C" fire- resistive rating. (Ord. 2872 § 1, 2002; Ord. 2780-B § 1, 1999). 15.08.100 Subsection 1511.5 added to Section 1511 to require equipment enclosures on roofs. Subsection 1511.5 is hereby added to Section 1511 of the California Building Code, as it applies in Chula Vista, which subsection 1511.5 shall read as follows: Subsection 1511.5 Equipment Enclosure. Operating equipment, including piping and ducts located on the roof of a building, shall be shielded from view from public thoroughfares, private and public parking lots. Equipment enclosures shall not be constructed so as to trap flammable or combustible vapors. Chula Vista Municipal Code Exception: Solar collectors. Does not include structural supporting members. (Ord. 2872 § 1,2D02; Ord. 2780-B § 1, 1999). Chula Vista Municipal Code City Of Chula Vista Web Site: http•//www chulavistaca qov/City Services/Administrative Services/city Cierk/R ecords/municipal code."asp Chapter 19.44 I-L -LIMITED INDUSTRIAL ZONE Sections: 19.44.010 Purpose. 19.44.020 Permitted uses. 19.44.030 Accessory uses and buildings. 19.44.040 Conditional uses. 19.44.050 Prohibited uses and processes. 19.44.060 Repealed. 19.44.070 Height regulations. 19.44.080 Area, lot coverage and yard requirements. 19.44.090 Performance standards. 19.44.100 Fuel restrictions. 19.44.110 Setbacks from residential or agricultural zone -Loading facilities. 19.44.120 Landscaping. - 19.44.130 Site plan and architectural approval 19.44.140 Off-street parking and loading facilities.. 19.44.150 Outdoor storage.. 19.44.160 Trash storage areas. 19.44.170 Enclosures required for all uses -Exceptions.. 19.44.180 Wall requirements. 19.44.010 Purpose. The purpose of the I-L zone is to encourage sound limited industrial development by providing arid protecting an environment free from nuisances created by some industrial uses and to insure the purity of the total environment of Chula Vista. and San Diego County and to protect nearby residential, commercial and industrial uses from any hazards or nuisances. (Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior code § 33.513(A)). 19.44.020 Permitted uses. Permitted uses in an I-L zone are as follows: l~ Chula Vista Municipal Code A. Manufacturing; printing, assembling, processing, repairing, bottling, or packaging of products from previously prepared materials, not including any prohibited use in this zone; B. Manufacturing' of electrical and electronic instruments, devices and components; C. Wholesale businesses, storage and warehousing; D. Laboratories; research, experimental, film, electronic and testing; E.~Truck, trailer, mobilehome, boat and farm implement sales establishments; F. Public and private building material sales yards, service yards, storage yards, and equipment rental; G. Minor auto repair; H. Laundries, laundry services, and dyeing and cleaning plants, exeepf large-scale operations; I. Car washing establishments, subject to the provisions of CVMC 19.58.060; J. Plumbing and heating shops; K. Exterminating services; L. Animal hospitals and veterinarians, subject to the provisions of CVMC 19.58.050; M. The manufacture of food products, drugs, pharmaceuticals and the like, excluding those in CVMC 19.44.050; N. Electrical substations and gas regulator stations, subject to the _ provisions of CVMC 19.58.140; O. Temporary tract signs, .subject to the provisions of CVMC 19.58.320 and 19.60.470;* P. Any other limited manufactured use which is determiried by the commission to be of the same general character as the above uses; Q. Agricultural uses as provided in CVMC 19.16.030. (Ord. 1356 § 1, 1971; Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior code § 33.513(6)). " Code reviser's note: This section amended to conform with provisions of Ord. 1575, 1974. 19.44.030 Accessory uses and buildings. Accessory uses permitted in an I-L zone include: A. Administrative, executive and financial .offices .and incidental services, such as restaurants to serve employees, when conducted on the premises; B. Other accessory uses and buildings customarily appurtenant to a permitted use; C. Retail sales of products produced and manufactured on the site; Chula Vista Municipal Code D. Caretaker houses, E. Satellite dish antennas are permitted in accordance with the provisions of CVMC 19.22.030(F)(1) through (9) and (11) through (13). (Ord. 2160 § 1,1986; Ord. 2108 § 1, 1985; Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior code § 33.513(C)). 19.44.040 Conditional uses. Conditional uses permitted in an I-L zone include: A. Machine shops and sheet metal shops; B. Service stations, subject to the conditions in CVMC 19.58.280; C. Steel fabrication; D. Restaurants, delicatessens and similar uses; E. Drive-in theaters, subject to the conditions of CVMC 19.58.120; . F. Major auto repair, engine rebuilding and paint shops; G. Commercialparking lots and garages; H. Plastics and other synthetics manufacturing; I. Building heights exceeding three and one-half stories or_ 45 feet; J. Unclassified uses, as set forth in Chapter 19.54 CVMC; K. Trucking yards, terminals and distributing operations; L. The retail sale of such bulky items as furniture, carpets and other similar ifems; - . M. Retail distribution centers and manufacturers' outlets which require extensive floor areas for the storage and display of merchandise, and the high-volume, warehouse-type sale of goods and retail uses which are related to and supportive of existing, on- site retail distribution centers of manufacturers' outlets. Conditional use permit applications for the establishment of retail commercial uses, covered by the provisions of this subsection, shall be considered by the city council subsequent to its receipt of recommendations thereon from the planning commission; N. Roof-mounted satellite dishes, subject to the standards set ' forth in CVMC 19.30.040; O. Recycling collection centers, subject to the provisions of CVMC 19.58.345; P. Hazardous waste facilities, subject to the provisions of CVMC 19.58.178. (Ord. 2542 § 4, 1993;- Ord. 2252 § 10, 1988; Ord. 2233 § 10, 1987; Ord. 2160 § 1, 1986; Ord: 2108 § 1, 1985; Ord. 2031 § 1, 1983; Ord. 1927 § 1, 1980; Ord. 1698 § 1, 1976; Ord. 1356 § 1, 1971; Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior code § 33.513(D)). 19.44.050 Prohibited uses and processes. Chula Vista Municipal Code - Prohibited uses in an I-L zone include: A. Manufacturing uses and processes involving the primary production of products from raw materials, including the following materials and uses: 1. Asphalt, cement, charcoal and fuel briquettes, 2. Rubber, chemical and allied products, and soap and detergents, 3. Coal, coke and tar products and the manufacturing of explosives, fertilizers, gelatin, animal glue and size, 4. Turpentine, matches, paint and other combustible materials, 5. Stockyards, slaughterhouses and rendering plants, 6. The storage of fireworks or explosives, 7. Industrial metal, waste rag, glass or paper salvage operations and slag piles, 8. Fish, sauerkraut, vinegar and similar uses, 9. Brewing or distilling of liquors or perfume manufacturing; B. The following processes: nitrating of cotton or other materials; foundries; reduction, refining, smelting, alloying, rolling, drawing and extruding of metal or metal ores; refining of petroleum products; distillation of wood or bones; storage, curing or tanning of raw, green or salted hides orskins; and grain milling; C. Any other use which is determined by the commission to be of the general character as the above uses. (Ord. 1281 § 1, 1970; Ord. 1212 § 1; 1969; prior code § 33.513(E)). 19.44.060 Sign regulations. Repealed by Ord. 2924 § 3, 2003. (Ord. 2309A § 12, 1989; Ord. 1575 § 1, 1974; Ord. 1356 § 1, 1971; Ord. 1281 § 1,.1970; Ord. 1212 § 1, 1969; prior code § 33.513(F)). 19.44.070 Height regulations. No building or structure shall exceed three and one-half stories or 45 feet; except, that any building or structure erected to such a height or less that would be detrimental, in the opinion of the commission, to the light, air or privacy of any other structure or use, existing or reasonably to be anticipated, may be reduced. Exceptions are provided in CVMC 19.16.040. (Ord. 1356 § 1, 1971; Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior code § 33.513(G)). 19.44,080 Area, lot coverage and yard requirements. The following minimum requirements shall be observed, except as provided in CVMC 19.16.020 and 19.16.060 through 19.16.080 and where increased for conditional uses: Chula Vista Municipal Code Setbacks in Feet Lot Area (sq. Lot Coverage Front Exterior Side Side Rear ft.) _ (max. Yard 1-0,000 50 Buildings 20* 15* 0** 0** Signs 0 0 *Or not less than that specified on the building line map which takes precedence shall be provided and maintained. (See CVMC 19.44.090 through 19.44.180 for other required setbacks.) **Except when adjoining an R or A zone, or areas designated for future residential or agricultural development on the Chula Vista general plan, then not less than 50 feet. (Ord. 1356 § 1, 1971; Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior•code § 33.513(H)). , 19.44.090 Performance standards. All uses permitted by this title shall be subject to initial and continued compliance with the performance standards in Chapter 19.66 CVMC. (Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior code § 33.513(1)(1))• 19.44.100 Fue! restrictions. - Manufacturing and industrial processes in an I-L zone shall use only gas or electricity as a fuel; provided, however, that oil burning equipment may be installed for standby purposes only. (Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior code § 33.513 (I)(2)): 19.44.110 Setbacks from residential or agricultural zone - Loading facilities. • In any I-L zone directly across the street from any R or A zone, or areas designated for future residential or agricultural development on the general plan, the loading facilities and structures shall be a distance of at least 30 feet from said street. (Ord. 1281 § 1, 1970; Ord: 1212 § 1, 1969; prior code § 33.513(1)(3)). 19.44.120 Landscaping. The site shall be landscaped in conformance with the landscaping manual of the city, and approved by the planning department. (Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior code § 33.513 (I)(4)). Chula Vista Municipal Code 19.44.130 Site plan and architectural approval Site plan and architectural approval is required for all uses in an I-L zone, as provided in CVMC 19.14.420 through 19.14.480. (Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior code § 33.513 (I)(5)). 19.44.140 Off-street parking and loading facilities. Off-street parking and loading facilities are required for all uses in an I-L zone,, as provided in CVMC 19.62.010 through 19.62.140. (Ord. 1356 § 1, 1971; Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969;. prior code § 33.513(1)(6)). 19.44.150 Outdoor storage. Outdoor storage and sales yards in an I-L zone shall be completely enclosed by solid walls, fences or buildings, or a combination thereof, not less than six feet ih height. No merchandise, materials, equipment or other goods shall be stared or displayed higher than the enclosing fence. For other fencing requirements, see CVMC 19.58.150. (Ord. 1356 § 1, 1971; Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior code § 33.513{I)(6)). 19.44.150 Trash storage areas. Trash storage in an I-L zone shall be subject to the provisions of CVMC 19.58.340. (Ord. 1356 § 1, 1971; Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior code § 33.513(1)(7)). 19.44.170 Enclosures required for all uses -Exceptions. All uses in an I-L zone, except sales yards, service yards, storage yards and loading and equipment rental, shall be conducted entirely within an enclosed building. (Ord. 1356 § 1, 1971; Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior code § 33.513 (I)(9))• 19.44.180 Wall requirements. Zoning walls shall be provided in an I-L zone, subject to the conditions of CVMC 19.58.150 and 19.58.360. (Ord. 1356 § 1, 1971; Ord. 1281 § 1, 1970; Ord. 1212 § 1, 1969; prior code § 33.513 (1)(10)). 1997 UNIFORM HOUSING CODE - Zal - 204 Chapter 2 ENFORCEiNENT SECTION 201 - GENEAAL Occupants of a dwelling unit, in addition to being responsible - ` - for keeping in a clean, sanitary and safe condition that part of the 201.1 Authority. The building official is hereby authorized and dwelling or dwelling unit or premises which they occupy and con- directed to enforce all of the provisions of this code. For such par- trol, shall dispose of their rubbish, gazbase and other organic - poses, the building official shall have [he powers of a law enforce- waste in a manner required by the health ordinance and approved ment officer. by the health officer. - The building official shall have the power to render interpreta- Occupants shall, when required by this code, the health ordi- tions of this code and to adopt and enforce rules and supplemental nonce or the health officer, furnish and maintain approved de- - re_ulations to clarify the application of its provisions. Such inter- vices, equipment or facilities necessary to keep their premises safe pretations, roles and regulations shall be inconformity with the in- and sanitary. [en[ and purpose of this code. SECTION 202-SUESTANDARD EUILDINGS ' 201.2 -Right of Entry. When it is necessary to make an inspec- lion to enforce the provisions of this code, or when the buildin_ Buildings ar portions thereof that are determined to be su6stand- official has reasonable cause [o believe [hat there exists in a build- and as de£ned in this code are hereby declared to be public nui- - ing or upon a premises a condition that is contrary to or in violation sances and shall be abated by repair, rehabilitation, demolition or of this code that makes the buildmg or premises unsafe, dangerous removal in accordance with the procedure specified in Chapter 11 or hazardous, the building official may enter the building or prem- of this code. ~ „ ices at reasonable times to inspect or to perform the duties imposed by this code, provided that if such building or premises be accu- SECTION 203 -HOUSING ADVISORY AND APPEALS pied that credentials be presented to the occupant and entry re- BOARD quested. If such building or premises be unoccupied, the building official shall fast make a reasonable effort to locate the owner or 203.1 General. In order to hear and decide appeals of orders, de- ' other person having chazge or control of the building or premises cisions or determinations made by the building official relative to and request entry. If entry is refused, the buildmg official shall the application and interpretations of this code, there shall be and have recourse to the remedies provided by law to secure entry. is hereby created a housing advisory and appeals boazd consisting of members who aze qualified by experience and training to pass 201.3 Responsibilities Defined. Owners remain liable for vio- upon matters pertaining to building construction and who aze not lotions of duties imposed by this code even though an obligation is employees of the jurisdiction. The building official shall be an ex - also imposed on the occupants of the building, and even though officio member and shall act as secretary to said board but shall [he owner has, 6y agreement, imposed on the occupant the duty of have no vote upon any matter before the board. The housins advi- fumishing required equipment or of complying with this code. sory and appeals boazd shall be appointed by the soveming body and shall hold office at its pleasure. The boazd shall adapt roles of Buildings and structures and parts thereof shall be maintained procedure for conducting its business and shall render all deci- in asafe and sanitary condition. The owner or the owner's desig- sions and findings in writing to the appellant with a duplicate copy noted agent shall be responsible for such maintenance. To deter- to the building official: Appeals to the boazd shall be processed in mine compliance with this subsection, the building may be accordance with the provisions contained in Section 1201 of this reinspected. code. Copies of all roles of procedure adopted by the board shall Owners, in addition to being responsible foi maintaining build- be delivered [o the building official, who shall make them accessi- ings in a sound structural condition, shall 6e responsible for keep- ble to the public. ing that part of the building or premises which the owner occupies 203.2 Limitations of Authority. The housing advisory and ap- or controls in a clean, sanitary and safe condition, including [he peals boazd shall have no authority relative to interpretation of the - shazed or public azeas in a building containing two ~or more dwell- administraflve provisions of this code and the boazd shall not be ing ututs. - - - -empowered-to waive requirements of [his code. - Owners shall, when required by this code, the health ordinance or the health officer, famish and maintain such approved sanitary SECTION 204 -VIOLATIONS - facilities as required, and shall famish and maintain approved de- - vices, equipment or facilities for the prevention of insect and ro- It shall be unlawful for any person, firm or corporation to erect, - dent infestation, and when infestation has taken place, shall 6e construct, enlazge,. alter, repair, move, improve, remove, convert responsible for the extemtirtation of any insects, rodents or other ar demolish, equip, use, occupy, or maintain any building or struc- pests when such estermiaaticn is not specifically made the re- lure or cause or permit [he same to be done in violation of this sponsibility of the occupant by law or ruling. code. - - - 3 r:~.-sd .....-~..r~._. ~ - . , 1oa1.n 1997 UNIFORM HOUSING CODE h:r.. .rtj:~: "h"' Chapter 10 2.'i., . ' .v<=:;.`~- SUBSTANDARD BUILDINGS x<~~=. aECT10N 1001 -DEFINITION 7. Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that are of insufficient size to carry im- ortioa thereof that is deter- bsed loads with safety. . 1001.1 General. Any building or p P g, Fireplaces or chimneys that list, bulge or settle due to defec- ,,,;a:~ turned to be an unsafe building in accordance with Section 102 of ~ •-'the BuIlding Code, or any building or portion thereof, including five material or deterioration. - z~ ~y dwelling unit, guest room or smte of rooms, or the premises an which the same is located, in which there exists any of the condi- 9. Fireplaces or chimneys that are of insufficient size or `;„,~_-Hans referenced in this section to an extent that endangers the life, strength [o carry imposed loads with safety. health, property, safety or welfaze of the public or the occu- 1001.4 Nuisance. Buildings or portions thereof in which there limb, ''~`;FF="~" ants thereof, shall be deemed and hereby aze declared to be sub- exists any nuisance as defined in this code are deemed substandard 3" p buildings. standard buildings. ~ P 1001.5 Hazardous Electrical Wiring. Electrical wiring that - 1D01.2 Inadequate Sanitation. Buildings or onions thereof ~I. ~ ~ q was installed in violation of code requirements in effect at the time ,r,,;.. shall be deemed substandard when they are insanitary. made uate of installation or electrical wiring not installed in accordance with r•~f =~`c sanitation shall include, but not be limited to, the following: ¢k+<':: ~ enerall acce fed construction radices in azeas where no codes r.. . z?~-~i?=:-~ ~ ~ 1. Lack of or improper water closet, lavatory, bathtub or show- g Y P P A it„v~„_,- were in effector that has not been maintained in good condition or a ~ er in a dwelling unit or lodging house. that is not being used in a safe manner shall be considered substan- C ii. - - 2. Lack of or improper water closets, lavatories, and bathtubs dazd. x ' ~ ~ or showers per number of guests in a hotel. 1001.6 Hazardous Plumbing. Plumbing that was installed in ' 3. Lack of or improper kitchen sink in a dwelling unit. violation of code requirements in effect at the time of installaflon rX, 4. Lack of hot and cold running water to plumbing fixtures in a or plumbing no[ installed in accordance with generally accepte hotel. constmction practices in azeas where no codes were in effect or tf~,eu'""= ~ that has not been maintained in good condition or that is not free of _ 5. Lack of hot and cold conning water to plumbing fixtures in a cross-connections or siphonage between fixtures shall be consid- r.~ ;v dwelling unit or lodging house. ered substandazd: _ u 6. Lack of adequate heating facilities. - 1001.7 Hazardous Mechanical Equipment. Mechanical ' ~ 7. Lack of or improper operation of required ventilating equip- equipment that was installed in violation of code requirements in '+~'a"'" ment, effect at the time of installation or mechanical equipment not in- 8. Lack of minimum amounts of natural light and ventilation acesein azeas where no odes wereym effect or thathas[tnot bre a ~r"-~~-"~~~~ required by this code. maintained in good and safe condition shall be considered sub- ~'7+'~' - ` 9. Room and space dimensions less than required by this code. standazd. 1001.8 Faulty Weather Protection. Buildings or portions ~iv}'; ~ 10. Lack of required electrical lighting. y 2 r-. = 11. Dampness of habitable rooms. thereof shall be considered substandazd when they have faulty ~ 12. Infestation of insects, vermin or rodents as determined by weather protection, which shall include, but not be limited tq the ' 'w .y following: ~ ' ~'y rho health officer. ~ I. Deteriorated, cmmbling or loose plaster. 13. General dilapidation or improper maintenance. ` -..~~~';,1,..~:: 2. Deteriorated or ineffective waterproofing of exterior walls, m ' a<- 14, Lack of connection [o required sewage disposal system. roof, foundations or floors, including broken windows or doors. -'w-E3~, ~ h;TMN; I5. Lack of adequate gazbage and mbbish storage and removal 3. Defective or lack of weather protection for exterior wall cov- k;~„~'~~~ facilities as determined by the health officer. ezings, including lack of paint, or weathering due to lack of paint or other approved protective covering. . ~„.^~Y_ 1001.3 Structural Hazards, Buildings or portions thereof shall ty~''~'~"_` ~ be deemed substandazd when they aze or contain structural haz- ~ 4. Broken, rotted, split. or buckled exterior wall coverings or , a azds. Structural hazards shall include, but not be limited to, the fol- roof coverings. ~ lowing: - 1001.9 Fire Hazard. Any building or portion thereof, device, ta..~ ~ aw 1. Deteriorated or inade uatefoundations. ~ appazatus, equipment, combustible waste, or vegetation that, in t.:x q . - ~ a4~- : 2. Defective or deteriorated flooring or floor su arts. the ophdon of the chief of the fue department, is in such a condi- rv; _ . PP lion as to cause a fire or explosion or provide a ready fuel to aug- . ~ 3, Flooring or floor supports of insufficient size to carry im- ment the spread and intensity of fue or explosion arising from any posed loads with safety, cause shall be considered substandazd. ~s'~- 4 Members of walls, partitions or other vertical supports that 1001.10 Faulty Materials of Construction. The use of materi- sphY lean, list or buckle due [o defective material or deterioration. als of construction, except those that aze specifically allowed or ~5 ;Members of walls, partitions or other vertical supports that approved by this code and the Building Code, and that have been -ate of insufficient size to carry imposed loads with safety. adequately maintained in good and safe condition, shall cause a ~ building to be substandazd. 1•~,. 6.; Members of ceilings, roofs, ceiling and roof supports, or ther horizontal members that sag, spit or buckle due to defective 1001.11 Hazardous or Insanitary Premises. The accumula- matenal or deteriomtion. [ion of weeds, vegetation, junk, dead organic matter, dehris, gaz- 19 t _w *-w 4....: 4MSR ".We.. • l!I 1 acs ~ ^ Y ~ 4 ,r . . j y 1997 UNIPOFM HOUSING COf)E 1001.11 1001.14 Gage, offal, rat harbozages, stagnant water, combustible materials, lack of an adequate number ar width of exits, or when other condi- ` and similar materials or conditionson a premises constirutes fue, lions exist that are dangerous to human life. health or safety hazards [hat shall be abated in accordance with the 1001.13 Inade uate Fire- rotection or Firefighting Equip- procedures specified in Chapter 11 of this code. - ment. Buildings or portions thereof sha116e considered substan- 1001.12 Inadequate Exits. Except for those buildings or por- dard when they are not provided with the fue-resistive con- lions thereof that have been provided with adequate exit facilities struction or fue-extinguishing systems or equipment required by conforming to the provisions of this code, buildings or portions this code, except those buildings or portions thereof that con- thereof whose exit facilities were installed in violation of code re- formed with all applicable laws at the time of their construction quirements in effect at the time of their construction or whose exit and whose fire-resistive integrity and fue-extinguishing systems - facilities have not been increased in number or width in relation to or equipment have been adequately maintained and improved in any increase in occupant load due to alterations, additions or relation to any increase in occupant load, alteration or addition, or change in use or occupancy subsequent to the time of construction any change in occupancy. shall be considered substandard. Notwithstanding compliance with code requirements in effect 1001.14 Improper Occupancy. All buidings or portions there- at the time of their construction, buildings or portions thereof shall of occupied for livine, sleeping, cooking or dining purposes that be considered substandard when [he building official finds that an were not desiened or intended to be used for such occucancies unsafe condition exists throueh an improper location of exits, a shall be considered substandard. 20 CALIFORNIA HEALTH AND. SAFETY CODE SECTION 17920.3 17920.3. Any building or portion thereof including any dwelling unit, guestroom 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: (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. (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. (6) Lack of adequate heating. (7) Lack of, or improper operation of required ventilating equipment. (8) Lack of minimum amounts of natural light and ventilation required by this code. (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. (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 following: (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. (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 CALIFORNIA HEALTH AND SAFETY CODE SECTION 17920.3 material or deterioration. (7) Members of ceiling, roofs, ceiling and roof supports, or other horizontal 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. (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. (e) All plumbing, except plumbing that conformed with all applicable laws in effect at the time of installation and has been maintained in good condition, or that 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 that is free of cross connections and siphonage between fixtures. (f) All mechanical equipment, including vents, except equipment that conformed with all applicable laws in effect at the time of installation and that has been maintained in good and safe condition, or that 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. (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 that, 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. (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. Q) Those premises on which an accumulation of weeds, vegetation, b is arba a offal rodent harbora es junk, dead organic matter, der , g g g , stagnant water, combustible materials, and similar materials or conditions constitute fire, health, or safety hazards. CALIFORNIA HEALTH AND SAFETY CODE SECTION 17920.3 (k) Any building or portion thereof that is determined to be an unsafe building due to inadequate maintenance, in accordance with the latest edition of the Uniform Building Code. (I) 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 that 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 that are not provided with the fire-resistive construction orfire-extinguishing systems or equipment required by this code, except those buildings or portions thereof that 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. (n) All buildings or portions thereof occupied for living, sleeping, cooking, or dining purposes that were not designed or intended to be used for those occupancies. (o) Inadequate structural resistance to horizontal forces. "Substandard building" includes a building not in compliance with Section 13143.2. However, a condition that 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 those requirements in effect at the time of construction,. alteration, or conversion. 2001 CALIFORNIA BUILDING CODE 108.4 109.6 - There shall be a final inspection and approval of all buildings approved plans are not readily available to the inspector, for fail- _ - and stmctureswhen completed and ready for occupancy and use: ure to provide access on the date forwhich inspection is requested, or for deviating from plans requiring the approval of the building . 108.5 Required Inspectons. official. - L n 108.5.1 jFor HCD I] General. Reinforcing steel or structural To obtain a reinspection, the applicant shall file an application framework of any part of any building or structure shall not be thereforin writing onaform furnishedforthatpu[pose and pay the covered or concealed without first obtaining the approval of the reinspection fee in accordance with Table 1-A or as set forth in the building official - fee schedule adopted by the jurisdiction. Protection ofjoints and penetrations in fire-resistive assemblies In instances where reinspection fees have been assessed, no shall not be concealed from view until inspected and approved. additional inspection of the work will be performed until the re- quired fees have been paid. e ins ec- hall make th ' ication s L e The enforcing agency, uponnohf P L A 5 L c nons prescribed by Sections 108.5.2; 108.5.3, 108.5.4, 108.5. , L A OF OCCUPANCY 0 and 08.6. SECTION 109 -CERTIFICATE II c 1 8.5.6 1 L L c 108.5.2 [For HCD 1] Foundation inspection. Inspection shall 109.1 Use and Occupancy. No building or structure shall be t c be made after excavations for footings is complete and any re- used or occupied, and no change in the existing occupancy classi- quired reinforcing steel is in place. For concrete foundations, any fication of a building or structure or portion thereof shall be made iequired Forms shallbe in place prior to inspection. All materials until the building official has issued a certificate of occupancy i n forthe foundationshallbe ontfiejob site; however, where concrete therefor as provided herein. is ready mixed in accordance with approved nationally recog- EXCEP7'iON: Group R, Division 3 and Group U Occupancies. i n~ nized standards, the concrete need notbe onthejo6si[e.Where the foundation is to be constructed of approved treated wood, addi- Issuance of a certificate of occupancy shall not be construed as tional inspections may be required by the building official. - an approval of a violation ofthe provisions ofthis code or of other ordinances of the jurisdiction. Certificates presuming to give au- L c 108.5.3 jFor HCD IJ Concrete slab orunder-floorinspection. thority to violate orcancelthe provisions ofthis codeorotherordi- i cInspection shall be made after all in-slab orunder-floor reinforc- nances of the jurisdiction shall not be valid. [L, c ing steel building service equipment, conduit, piping accessories i c and other ancillary equipment items are installed, but before any 109.2 Change inUse. Changes in the character oruse of abuild- concrete is placed or floor sheathing installed, including the sub- ing shall not be made except as specified in Section 3405 of this floor. code. L c 108.5.4 [For HCD IJ Frame inspection. Inspection shall be 109.3 Certificate Issued. After the building official inspects the II L n made afterthe roof, roofdeck or sheathing, all framing, fire block- building or stmcture and finds no violations of the provisions of L c mg and bracing are in place and all conduits, plumbing pipes, this code or other laws that are enforced by the code enforcement -II ~ c chimneys and vents to be concealed are complete and the rough agency, the building official shall issue a certificate of occupancy i c electrical, plumbing, and heating wires, conduits, plumbingpipes that shall contain the following:. and ducts are approved 1. The building permit number. L c 108.5.5 [For HCD IJ Lath or gypsum board inspection. In- 2. The address of the building. t e spection shallbe made after all lathing and gypsum board, interior 3. The name and address of the owner. i c and exterior, are in place, but before any plastering is applied or before gypsum boazd joints and fasteners are taped and finished. 4. A description of that portion of the building for which the d ' 'cote 's issue . certtfi t i A 108.5.6 [For HCD 1] Final inspection. Inspection shall be 5. A statement that the described portion of the building has made after finish grading and the building is completed and ready for occupancy. - been inspected for compliance with the requir6ments of this code - for the group and division of occupancy and the use for which the 108.6 Special Inspections. For special inspections, see Chapter proposed occupancy is classified. 17. 6. The name of the building official 108.7 Other Inspections. In addition to the called inspections 109.4 Temporary Certificate. If the building official finds that specified above, the building official may make or require other no substantial hazard will result from occupancy of any building inspections of any constructionworkto ascertain compliance with or portion thereof before the same is completed, a temporary cer- the provisions of this code and other laws which are enforced by tificate of occupancy may be issued forthe use of a portion or por- the code enforcement agency. tions ofabuilding orstmcture prior to the completion of the entire 108.8 Reinspections. A reinspection fee may be assessed for building or structure. - each inspection or reinspection when such portion of work for 109.5 Posting. The certificate of occupancy shallbe posted in a - which inspection is called is not complete or when corrections conspicuous place on the.premises and shall not be removed ex- _ called for are not made. ~ cept by the building official. , - ~ - This section is not to be interpreted as requiring reinspection 109.6 Revocation. The building official may, in writing, sus- - fees the first time a job is rejected for failure to comply with the Pend or revoke a certificate of occupancy issued under the provi-., requirements of this code, but as controlling the practice of calling sions ofthis code whenever the certificate is issued in error, or on for inspections before the job is ready for such inspection or re- the basis of incorrect information supplied, or when it is deter- inspection. - _ mined that the building or stmcture or portion thereof is in viola- , Reinspection fees may be assessed when the inspection record tion of any ordinance or regulation or any of the provisions ofthis card is not posted or otherwise available an the work site, the code. 1-6.9 2681 Main Street Susan Balk April 12, 2004 Site Visit Photos n~. r i.- View from Main St. looking West. .s may., r-m-., ~ a S ~ ha C t wC i 1f T3> it I ~i'~f'~2 ~ ~ Sm ~'ai~ n II x; _ ~ Repair bays open to Main St. mP k, ,,,,YYx~,g z 4Ay,~~~~''t i i V( = ' ~'ws ~ ~r ~ ' d ` - ys~ t+ `'~Im s, "4~ 3 M~ Y `.k~ 'y _r _j I E~. 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