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HomeMy WebLinkAbout2018-10-08 BOAA Agenda PacketCIN OF CHULAVISlA Kerry Bigelow, City Clerk Appeals & Advisors REGULAR MEETING OF THE BOARD OF APPEALS & ADVISORS OF THE CITY OF CHULA VISTA October 8, 2018 5:15 p.m. CALL TO ORDER Conference Room 137 Public Service Bldg `B" 276 Fourth Ave., Chula Vista ROLL CALL: Chair Sanfilippo, Committee Members: Doria, and Combs CONSENT CALENDAR The Board/Commission will enact the Consent Calendar staff recommendations by one motion, without discussion, unless a Board/Commission Member, a member of the public, or staff requests that an item be removed for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak" form and submit it to the Secretary prior to the meeting. Items pulled from the Consent Calendar will be discussed immediately following the Consent Calendar. 1. Approval of Minutes: April 9, 2018 Staff recommendation: Board approves the minutes. PUBLIC COMMENTS Persons speaking during Public Comments may address the Board/Commission on any subject matter within the Board/Commission's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Board/Commission from discussing or taking action on any issue not included on the agenda, but, if appropriate, the Board/Commission may schedule the topic for future discussion or refer the matter to staff. Comments are limited to three minutes. ACTION ITEMS The Item(s) listed in this section of the agenda will be considered individually by the Board/Commission and are expected to elicit discussion and deliberation. If you wish to speak on any item, please fill out a "Request to Speak" form and submit it to the Secretary prior to the meeting. 2. Elect new Chair and Vice Chair for fiscal year 2018/19. 3. Appeal a Notice and Order to Vacate; 3149 Main Street Cly0I 71 IMI1►11 S 4. STAFF COMMENTS 5. CHAIR'S COMMENTS 6. COMMISSIONERS'BOARD MEMBERS' COMMENTS ADJOURNMENT to the regular meeting on November 12, 2018 in Development Services Conference Room 137 Chula Vista, California. Materials provided to the Board of Appeals & Advisors related to any open -session item on this agenda are available for public review in the Public Service Bldg B, Front Counter Reception area, during normal business hours. In compliance with the AMERICANS 97TLFDISABILITIESACT The City of Chula Vista requests individuals who require special accommodations to access, attend, and/or participate in a City meeting, activity, or service, contact the Human Resources Department at (619) 691-5041 (California Relay Service is available for the hearing impaired by dialing 711) at least forty-eight hours in advance of the meeting. 1 declare under penalty of perjury that I am employed by the City of Chula Vista In Development services and that I posted this document on the bulletin board according to Brown Act requirements. Dated �—,s'-\`t signed Page 2 1 Board of Appeals & Advisors Agenda October 8, 2018 Item #1 MINUTES OF A REGULAR MEETING OF THE BOARD OF APPEALS & ADVISORS OF THE CITY OF CHULA VISTA April 9, 2018 5:25 p.m. A Regular Meeting of the Board of Appeals & Advisors of the City of Chula Vista was called to order at 5:25 p.m. in Conference Room 137, located at Public Service Bldg `B", Chula Vista, California. ROLL CALL PRESENT: Sanfilippo, Sides, and Doria (5:25 pm) ABSENT: None ALSO PRESENT: Lou El-Khazen, Building Official, Cory Downs, Conservation Specialist 11, Eric Engelman, Principal, with Energy Policy Consulting, and Secretary Rice CONSENT CALENDAR 1. Approval of Minutes: October 10, 2016 Staff recommendation: Board approves the minutes. 2. Excuse absences for Member Hall and Member Sanfilippo from meeting of October 10, 2016. Staff recommendation: Board excuses the absences. ACTION: Member Sides moved to approve staff's recommendations and offered Consent Calendar Item 1 and 2. Member Doria seconded the motion, and it carried 3-0. ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC COMMENTS r�.�rcrrr�r 3. Elect new Chair and Vice Chair for fiscal year 2017/18 Staff recommendation: Board elect new Chair and Vice Chair Page 1 I Board of Appeals & Advisors Minutes April 9, 2018 The board noted that meetings were far and few in between and thought it might be better to postpone electing officers until there were more members on the Board. Lou El-Khazen, Building Official, explained per the Chula Vista Municipal Code (CVMC2.25.180) the board was required to elect new officers at the first regular board or commission meeting following July 151 of every year. He further stated the city attorney's office was working on changes to the municipal code to reduce the number of members to five (5) instead of seven (7) and require that applicants have more experience. There was also discussion on having someone from the Planning Commission participate in certain issues regarding zoning and building violations; however, the attorneys were still working out the details. ACTION: Member Doria made a motion to elect Charles Sanfilippo as Chair and Albert Sides as Vice Chair. Member Sides seconded the motion and it carried 3-0. 4. Ordinance of the City of Chula Vista amending Chapter 15.26 of the Chula Vista Municipal Code to increase outdoor lighting efficiency for specific commercial outdoor lighting applications. Staff recommendation: Board recommend to City Council the adoption of the ordinance. Cory Downs, Conservation Specialist II, stated on September 26, 2017, the City Council adopted the 2017 Climate Action Plan (CAP). The 2017 CAP called for requiring energy efficiency upgrades. The following proposed energy efficiency standards for specific commercial outdoor lighting applications is a significant step in Chula Vista's greenhouse gas (GHG) reduction strategy outlined in the 2017 CAP. The proposed ordinance will leverage the city's past efforts to increase energy efficiency in commercial buildings. This proposed ordinance will be in place until it is superseded by the regular 2019 Building Energy Efficiency Standards that are expected to require similar, if not more stringent, power allowances for all outdoor lighting categories. Staff proceeded to review the staff report and tables that identified: Outdoor Lighting Zones; Proposed Implementation Approach, and Cost Effectiveness. Mr. Downs stated the proposed ordinance includes the necessary energy savings and cost effectiveness findings and recommended that the Board of Appeals & Advisors recommend that City Council adopt the proposed ordinance. After further deliberation the board members unanimously recommended to City Council the adoption of ordinance. Action: Member Sides moved to recommend to City Council adoption of the Ordinance amending Chapter 15.26 of the Chula Vista Municipal Code to increase outdoor lighting efficiency for specific commercial outdoor lighting applications. Member Doria seconded the motion and it carried 3-0. Page 2 1 Board of Appeals & Advisors Minutes April 9, 2018 W 'FT - A- W,, OTHER BUSINESS Building Official El-Khazen stated there was a high volume of construction and reviewed some of the projects that included: Bay front resort, hotel and convention center, a six to thirteen story luxury condominium building; the Millenia project; Village 8; and Village 3, single-family homes and commercial mixed use occupancy. In addition, on the west side of town, there are multiple infill projects in the downtown area. A large six (6) story apartment building, known as Urbana, will be constructed by the two Gateway buildings. Due to the increased work load more staff has been hired. These positions include inspectors and counter staff. Consultants are also being utilized to keep up with the large amount of plan review. 6. CHAIR'S COMMENTS -None 7. COMMISSIONERS'BOARD MEMBERS' COMMENTS- None ADJOURNMENT At 6:05 p.m., Chair Sanfilippo adjourned the meeting to the next Regular Meeting on May 14, 2018 at 5:15 p.m. in Conference Room 137 located at Public Service Bldg `B", 276 Fourth Avenue, Chula Vista, California. Rosemarie Rice, Secretary Page 3 1 Board of Appeals & Advisors Minutes April 9, 2018 Item #3 Board of Appeals and Advisors Meeting Date: 10-08-18 Subject: Appeal a Notice and Order to Vacate; 3149 Main St. Submitted By: Lou El-Khazen, Building Official/Code Enforcement Manager Justin Gipson, Fire Division Chief/Fire Marshal SUMMARY: The "Chula Vista Fire House" is an illegal marijuana business located at 3149 Main Street. The illegal business contains unpermitted construction alterations including but not limited to interior walls, electrical, doorways, and an unpermitted change of use resulting in an unsafe building as it is improperly occupied, has inadequate egress, is a potential fire hazard, is being maintained as a public nuisance, and is otherwise dangerous to human life. For over a year, staff has been taking enforcement action against the business and property owner to stop the illegal business and restore the property to its original status. The business and property owner ignored the many legal notices issued to them and continue to operate with disregard to local and State rules and regulations. The City issued a Notice and Order to Vacate which is appealed to the Board. RECOMMENDATION: That the Board of Appeals and Advisors deny the property owner's appeal of the NOTICE AND ORDER TO VACATE and uphold the Building Official's and Fire Marshal's determination that the building at 3149 Main Street is improperly occupied, is unsafe, and is being maintained as a public nuisance as an unlawful marijuana business. DISCUSSION: As mandated by the Chula Vista Municipal Code any and all tenant improvements conducted on buildings within the city are subject to the permitting process as well asinspections under CVMC 15.06.080; Permits, and CVMC 15.06.100; Inspections. Tenant improvements must be inspected and approved by City Building Inspectors and City Fire Officials. The property at 3149 Main Street has undergone tenant improvements including but not limited to the construction of interior walls and doors. This tenant improvement has not been permitted by the City of Chula Vista and cannot be permitted by the City because of the illegal use of the facility as a marijuana business. Chula Vista Municipal Code (CVMC) 5.66.020; Commercial cannabis business prohibited, prohibits any marijuana/cannabis business in the City. The most recent approved permit was for a one room addition to the building to be used as storage. This was approved on 3-18-1986 under permit # 42606. The most current Fire Inspection Safety Report dated 5-25-18 notes the following: "Construction completed without City of Chula Vista Building Permit shall be returned to its original state. (Walls, Electrical work)" As noted above, legalizing the unpermitted tenant improvements is not an option because the marijuana business is prohibited in Chula Vista. Case History On September 5, 2017, Code Enforcement Officer Justin Bruce (CEO Bruce) was traveling eastbound on the 3100 block of Main Street. While passing the property located at 3149 Main Street, Chula Vista, CA ("Property"), CEO Bruce observed two white plastic vinyl banners on the wall of the building on the property. The first banner stated "3149 Main St" in bold black lettering. Adjacent to the text was a picture of a green ideo- locator with the text "You are here" across it. CEO Bruce recognized the ideo-locator as a logo used on www.weedma s. corn. Weedmaps is a web based marijuana sales and advertisement platform. CEO Bruce determined the San Diego County Tax Assessor's parcel number on the Property is APN: 629-060-58-00 and that the owner of the Property is Property Matters LLC, with a street address at that time of 608 Sandra Lane, El Cajon, CA 92019. The current street address of Property Matters, LLC is 12146 Via Serrano, El Cajon, CA. 92019. CEO Bruce determined the property did not have a permit to post temporary plastic vinyl banners and he opened Code Enforcement Case C17-0705 2. On September 6, 2017 CEO Bruce accompanied other City of Chula Vista Code Enforcement Officers on an inspection of a closed marijuana business at 1445 Third Avenue, Suite A. While CEO Bruce was inside of the business, he observed a note posted on the check-in window. The note stated, "We will be moving to 3149 Main Street, Doors open Tuesday gam." Below the note was a map with a direction line from 1445 Third Avenue to 3149 Main Street. CEO Bruce obtained a photograph of the note and the map. After leaving the closed business he traveled to the Property to see if the banners were still posted. CEO Bruce observed that the banners were still posted on the outside walls of the building at the Property, so he drafted and mailed an Administrative Citation Waring to the property owner. 3. On September 7, 2017, CEO Bruce drove by the Property and observed a fixed sign erected on the top of the building. The sign stated "3149 24 -Hours" and below was a picture of a green ideo-locator with the text "You are here" across it. Below the sign was an arrow pointing to the building. Additionally, a string of green lights were strung up along the bottom edge of the roof. The new sign and lights were in addition to the two plastic vinyl banners that continued to be posted on the building. CEO Bruce obtained photographs of the building exterior showing the sign, lights, and banners. 4. As of September 14, 2017, CEO Bruce had not been contacted by the Property owner. On that date, Code Enforcement Officer Adam Gustafson and CEO Bruce went to the Property. CEO Bruce opened the front door leading inside to a lobby. The door was not locked and there was no person or persons denying entry. The interior pane of the entry door had a giant green ideo-locator cutout with the words "You are here". Upon entering the building he was met with a strong odor which, based on hi training and experience, he believed it to be marijuana. The door opened to a large waiting room lobby complete with chairs. At the far north end of the room was an interior wall constructed with a glass check in window. Along the eastern wall there was a second door, which CEO Bruce observed had an Electromagnetic locking mechanism on the top left corner. CEO Bruce went to the check in window and asked the employee if the manager was on site. While at the window, CEO Bruce noticed a male waiting by the door on the eastern wall. The door opened and the male walked into a room on the other side. As the male went through the door CEO Bruce observed clear glass shelving with containers of a green leafy substance. There was an employee behind the shelves talking with a few people. The door opened and closed fairly quickly, so CEO Bruce was unable to take a photograph of the smaller room on the east side of the building. The employee came back to the window and told CEO Bruce the manager was not available. CEO Bruce left my business card with the employee and they left. 5. Using the marijuana business location website, www.weedma s corn CEO Bruce found an advertisement for a marijuana business named "Chula Vista Firehouse" at the Property. He obtained a copy of the San Diego County Assessor's record for the Property. Viewing the plans, CEO Bruce observed there were no permits for interior walls to be built inside the building. He also checked the City of Chula Vista's building permit records. Viewing the plans, He observed there were no permits for interior walls to be built inside the building. Because the interior walls were built without permits CEO Bruce opened Code Enforcement Case C17-0732 and drafted a Notice of Violation, Pending Assessment of Administrative Civil Penalties, and Intent to Record a Notice of Violation for an unpermitted tenant improvement. CEO Bruce mailed the documents to all persons with a recorded interest and the business at the Property by first class mail, including Property Matters LLC at 608 Sandra Lane, 427 South Marshall Avenue, and 12146 Via Serrano addresses; The Chula Vista Firehouse business located at 3149 Main Street; Bank of the West; and The First Santa Clara Corporation. On September 18, 2017, CEO Bruce received notification form the Chula Vista Police Department that undercover officers successfully made a purchase of marijuana at a business identifying itself as Chula Vista Fire House at the Property. Because the location was operating a marijuana business, which is not permitted in the City of Chula Vista, CEO Bruce opened Code Enforcement Case C17-0739 and drafted a Notice of Violation, Pending Assessment of Administrative Civil Penalties and Intent to Record a Notice of Violation for unpermitted Commercial Marijuana Activity. He also drafted a Notice and Order to Abate and mailed all documents to all persons with a recorded interest and the business at the Property by first class mail, including Property Matters LLC at the 608 Sandra Lane, 427 South Marshall Avenue, and 12146 Via Serrano addresses; The Chula Vista Fire House business located at 3149 Main Street; Bank of the West; and The First Santa Clara Corporation. 6. On September 19, 2017, CEO Bruce observed the signs and banners were still in place at 3149 Main Street. He drafted and mailed (First Class and Certified) an Administrative Citation for $100.00 dollars. 7. On October 2, 2017, CEO Bruce went to the property to verify the building without permit violations still existed. He opened the door and went inside the lobby. The door was not locked and there was no person or persons denying entry. The interior walls and door remained. There were customers inside the lobby. He observed new posters posted on the interiors walls; one poster was labeled "The Periodic Table of Cannabis" with a numerous pictures of different strains of Cannabis. The door on the eastern wall continued to have an Electromagnetic locking mechanism. He drafted and mailed (First Class and Certified) a Full Cost Recovery notice and a Civil Penalty Notice and Order to all persons with a recorded interest and the business at the Property. 8. On October 4, 2017, CEO Bruce observed the banners were removed from the building; however, the fixed post sign and Green lights remained in place at 3149 Main Street. He drafted and mailed (First Class and Certified) a 2"d Administrative Citation for $200.00 dollars. 9. On October 17, 2017, CEO Bruce went to the property to verify the building without permit violations still existed. He opened the door and went inside the lobby. The door was not locked and there was no person or persons denying entry. He observed the interior walls and doors were still in place. The door on the eastern wall continued to have an Electromagnetic locking mechanism. He drafted and mailed (First Class and Certified) a 2nd Full Cost Recovery notice and a 2nd Civil Penalty Notice and Order to all interested parties and had the building without permit Notice of Violation recorded at the San Diego County Assessor's office (document # 2017-0480229). 10. On October 18, 2017, CEO Bruce observed the fixed post sign and Green lights remained in place at 3149 Main Street. He drafted and mailed (First Class and Certified) a 3`d Administrative Citation for $500.00 dollars. 11. On October 23, 2017, CEO Bruce received notification from the Chula Vista Police Department that undercover officers successfully made another purchase of marijuana at a business identifying itself as Chula Vista Firehouse at the Property on October 21, 2017, confirming there was still commercial Marijuana activity occurring at the property. He drafted and mailed (First Class and Certified) a Civil Penalty Notice and Order for unlawful commercial marijuana activity to all persons with a recorded interest and the business at the Property. 12. On October 31, 2017, CEO Bruce went inside the building at the Property to verify whether the building without permit violations still existed. He opened the door and went inside the lobby. The door was not locked and there was no person or persons denying entry. He observed the interior walls and doors were still in place. The door on the eastern wall continued to have an Electromagnetic locking mechanism. He drafted and mailed (First Class and Certified) a 21d Full Cost Recovery notice and a 2"d Civil Penalty Notice and Order to all persons with a recorded interest and the business at the Property. 13. On November 2, 2017, CEO Bruce went inside the building of 3149 Main Street to verify the weather building without permit violations still existed. He opened the door and went inside the lobby. The door was not locked and there was no person or persons denying entry. He observed the interior walls and doors were still in place. The door on the eastern wall continued to have an Electromagnetic locking mechanism. 14. On November 6, 2017, CEO Bruce observed the fixed post sign and Green lights remained in place at 3149 Main Street and drafted and mailed (First Class and Certified) a 4th Administrative Citation for $500.00 dollars. 15. On November 15, 2017, CEO Bruce went inside the building at the Property to verify whether the building without permit violations still existed. He opened the door and went inside the lobby. The door was not locked and there was no person or persons denying entry. He observed the interior walls and doors were still in place. The door on the eastern wall continued to have an Electromagnetic locking mechanism. He drafted and mailed (First Class and Certified) a 4th Full Cost Recovery notice and a 4`h Civil Penalty Notice and Order to all interested parties. 16. On November 21, 2017, CEO Bruce observed the fixed post sign and green lights remained in place at the Property. He drafted and mailed (First Class and Certified) a 5th Administrative Citation for $500.00 dollars as well as a Full Cost Recovery. 17. On November 30, 2018, CEO Bruce went inside the building at the Property to verify whether the building without permit violations still existed. He opened the door and went inside the lobby. The door was not locked and there was no person or persons denying entry. He observed the interior walls and doors were still in place. The door on the eastern wall continued to have an Electromagnetic locking mechanism. He drafted and mailed (First Class and Certified) a 5`h Full Cost Recovery notice and a 5`h Civil Penalty Notice and Order to all interested parties. 18. On December 6, 2017, CEO Bruce observed the fixed post sign and green lights remained in place at the Property. He drafted and mailed (First Class and Certified) a 6`h Administrative Citation for $500.00 dollars as well as a 2"d Full Cost Recovery. 19. On December 28, 2017, CEO Bruce observed the fixed post sign and green lights remained in place at the Property. He drafted and mailed (First Class and Certified) a 7h Administrative Citation for $500.00 dollars as well as a 3` Full Cost Recovery. 20. On January 12, 2018, CEO Bruce observed the fixed post sign and green lights remained in place at the Property. He drafted and mailed (First Class and Certified) a 8`h Administrative Citation for $500.00 dollars as well as a 4d' Full Cost Recovery. 21. On January 26, 2018, CEO Bruce observed the fixed post sign and Green lights remained in place at the Property. He drafted and mailed (First Class and Certified) a 9`h Administrative Citation for $500.00 dollars as well as a 5`h Full Cost Recovery. 22. On January 31, 2018, CEO Bruce drafted and mailed (First Class and Certified) a Civil Penalty Notice and Order and Full Cost Recovery for the continued lack of abatement. Additionally, he received notification from the Chula Vista Police Department that undercover officers successfully made another purchase of marijuana at a business identifying itself as the Chula Vista Firehouse at the Property on January 31, 2018; thereafter, CEO Bruce drafted and mailed another Civil Penalty Notice and Order for unlawful commercial marijuana activity. 23. On March 6, 2018, CEO Bruce obtained information from an unlawful detainer lawsuit that an Edgar Omar Rubio was likely the tenant at the Property. On March 7, 2018, he sent a Notice of Violation, Pending Assessment of Administrative Civil Penalties and Intent to Record a Notice of Violation to Edgar Omar Rubio, 4356 Delta St, Suite 2016, San Diego, CA 92113-4514. 24. On May 22, 2018, CEO Bruce obtained information from an unlawful detainer lawsuit that an Edgar Omar Rubio was likely the tenant at the Property. On March 7, 2018, he sent a Notice of Violation, Pending Assessment of Administrative Civil Penalties and Intent to Record a Notice of Violation to Edgar Omar Rubio, 4356 Delta St, Suite 2016, San Diego, CA 92113-4514. 25. On August 29, 2018, CEO Bruce posted a Notice and Order to Vacate on the front door of the marijuana business at the Property and mailed a copy of the notice by US First Class mail to the property owner and all those with recorded interests in the Property. The Notice and Order to Vacate provided ten (10) days to vacate the building due to the inadequate egress, potential fire hazards, and the fact that the building on the Property is improperly occupied and a public nuisance. 26. On September 6, 2018 Property Matters LLC filed an appeal of the Notice and Order to Vacate and paid the appeal fee. Applicable Codes and Regulations The following are codes and regulations applicable to this case: 1. Chula Vista Municipal Code (CVMC) 1.30 authorizes the City Manager to establish a procedure for the abatement of a nuisance. 2. Pursuant to CVMC 1.30.020, the "city abatement officer" shall be the city officer for enforcement of the city ordinances being violated and who initially declares said violation to be a public nuisance. 3. CVMC 1.30.040 states whenever a public nuisance is declared; it may be abated in accordance with the municipal code. 4. CVMC 15.06.060(E) states: "Occupancy Violations. When a building or structure or building service equipment regulated by this chapter and the technical codes is being used contrary to the provisions of this chapter and the technical codes, the Building Official may order such use discontinued by written notice served on any person causing such use to be continued. Such person shall discontinue the use within the time prescribed by the Building Official after receipt of such notice to make the structure or portion thereof comply with the requirements of this chapter and the technical codes." 5. CVMC 15 06.060(x) states: "Cooperation of Other Official and Officers. The Building Official may request, and shall receive, the assistance and cooperation of other officials and employees so far as is required in the discharge of duties required by this chapter, the technical codes or other city pertinent laws or ordinances." 6. CVMC 15.06.065(D) states: "Unsafe buildings, structures or appendages and building service equipment are public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedures set forth in Chapter 15.18 CVMC." CVMC 15.18 is the Abatement of Dangerous Buildings Code. 7. CVMC 15.06 075 (A) states: "Unlawful Acts. It shall be unlawful for any person to erect, constrict, alter, extend, repair, move, remove, demolish or occupy any building; stricture or equipment regulated by this chapter and the technical codes, or cause same to be done. in conflict with or in violation of any of the provisions of this chapter and the technical codes." 8. CVMC 15.06.075(B) states: `Notice of Violation. The Building Official is authorized to serve a notice of violation or order on the person responsible for the erection, construction. alteration, extension, repair, moving, removal, demolition or occupancy of a building or structure in violation of the provisions of this chapter and the technical codes, or in violation of a permit or certificate issued under the provisions of this chapter or the technical codes. Such notice of violation or order shall direct the discontinuance of the illegal action or condition and the abatement of the violation." 9. CVMC 15.06.075(D) states: "Violation Penalties. Any person who violates a provision of this chapter or the technical codes or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or stricture in violation of the approved construction documents or directive of the Building Official, or of a permit or certificate issued under the provisions of this chapter and the technical codes, shall be subject to penalties as prescribed by law." 10. CVMC 15.06.115(A) Certification of Occupancy states: "Use or Occupancy. Buildings or structures shall not be used or occupied nor shall a change in the existing occupancy classification of a building or structure or portion thereof be made until the Building Official has issued a certificate of occupancy." 11. California Civil Code: Section 3491 authorizes abatement as a remedy against a public nuisance. Section 3494 of the Civil Code authorizes a public body or officer to abate public nuisance. 12. On May 16, 2017, The City of Chula City Council amended and adopted chapter CVMC 5.66, Commercial Marijuana Activity, which prohibits commercial marijuana activity in the City of Chula Vista. CVMC 5.66.020 reads: "Commercial marijuana activity is prohibited in the City of Chula Vista, and no person or association of persons, however formed, shall operate, perform, participate in or locate a commercial marijuana activity in the City. The City shall not issue, approve, or grant any permit, license or other entitlement for the establishment or operation of commercial marijuana activity in the City of Chula Vista." CONCLUSION: The Property is currently used as an illegal business which contains unpermitted construction alterations, an unpermitted change of use, maintained as a public nuisance, and is otherwise dangerous to human life. The business and property owners have ignored the many legal notices issued to them. It is recommended that the Board of Appeals and Advisors deny the property owner's appeal of the NOTICE AND ORDER TO VACATE and uphold the Building Official's and Fire Marshal's determination that the building at 3149 Main Street is improperly occupied, is unsafe, and is being maintained as a public nuisance as an unlawful marijuana business. Attachments: 1. Notice of Violation, Pending assessment of Civil Penalties, & Intent to Record 9-18-17 2. Notice and Order to Abate 9-18-17 3. Notice of Violation, Pending assessment of Civil Penalties, & Intent to Record 3-7-18 4. Notice and Order to Abate 3-7-18 5. Notice and Order to Vacate 4-29-18 6. Fire Safety Inspection Report 5-9-18 7. Boards of Appeals and Advisors Appeal Application Form 9-6-18 8. Appeal Receipt of Payment 9-6-18 Property Matters LLC Case No.: C17-0739 608 Sandra Ln. Address: 3149 Main St. El Cajon, CA. 92019 Chula Vista, CA. 91911 APN: 629-060-58-00 "Chula Vista Fire House" 3149 Main St. Chula Vista, CA. 91911 NOTICE AND ORDER TO ABATE NOTICE IS HEREBY GIVEN that commercial marijuana activity is prohibited. The violation has been declared a public nuisance by the code enforcement officer and must be abated immediately. The public nuisance is on the following described real property in the City of Chula Vista, County of San Diego, State of California: SEE "Deed of Trust" YOU ARE HEREBY ORDERED TO ABATE SAID PUBLIC NUISANCE. You must abate the nuisance by ceasing operation of all commercial marijuana activity. The following timeframe must be adhered to in order to avoid further fines and penalties: Cease all commercial marijuana activity within ten consecutive calendar days from the issuance of this order. 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 within ten days of the date of this Notice per CVMC 1.30.070. 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 $400; and, be submitted to the City at the following address: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Telephone No.: (619) 691-5280 Attention: Code Enforcement Division 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 the Hearing Examiner denies your appeal, the appeal fee will be added to the cost of the abatement. If the Hearing Examiner grants your appeal, the appeal fee will be reimbursed to you. If the cost of the hearing exceeds the deposit, the difference will be billed to you along with all costs for the abatement. If you have any questions regarding this matter, you may direct such questions to the City Officer issuing this notice at the address or telephone number listed below. alt if CIN OF CHULA VISTA CODE ENFORCEMENT DIVISION DEVELOPMENT SERVICES DEPARTMENT 276 FOURTH AVENUE, MS 200, CHULA VISTA, CA 91910 PHONENO.: (619) 691-52Rn FAXMn • rFio� SQa_s�a, The above violation(s) must be corrected by October 2, 2017. The city will conduct a reinspection after that date. If the violation(s) has (have) not been corrected by date shown above the following actions may occur. Assessment of Administrative Civil Penalties Administrative Civil Penalties may be assessed at a rate of up to $2,500 per day, per violation; for any related series of violations. Penalties may be assessed for each individual code section violated and may accrue daily until the violation is corrected as authorized by CVMC 1.41.110. The accrual date for Civil Penalties subject to this notice and order is September 18, 2017. Failure to comply may result in the assessment of higher penalties. Page 1 of 3 NOTICE OF VIOLATION, PENDING ASSESSMENT OF ADMINISTRATIVE CIVIL PENALTIES & INTENT TO RECORD A NOTICE OF VIOLATION Notice Date: August 18, 2017 Violation Date: August 14, 2017 Case Number: C17-0739 Violation Address: 3149 Main St. APN: 629-060-58-00 Chula Vista, CA 91911 Responsible Parties: Property Matters LLC; 608 Sandra Ln. El Cajon, CA. 92019 Chula Vista Fire House; 3149 Main St. Chula Vista CA 91911 TS ik TS 4 You are hereby notified of the following violations) of Municipal Code Section(s): Commercial marijuana activity prohibited (5 66 020 CVMQ Description of Violation: Operation of a commercial marijuana dispensary at the property. Comments/Corrective Action(s): Abate commercial marijuana activity at the property. This is the first offense within one ve on the same property. The above violation(s) must be corrected by October 2, 2017. The city will conduct a reinspection after that date. If the violation(s) has (have) not been corrected by date shown above the following actions may occur. Assessment of Administrative Civil Penalties Administrative Civil Penalties may be assessed at a rate of up to $2,500 per day, per violation; for any related series of violations. Penalties may be assessed for each individual code section violated and may accrue daily until the violation is corrected as authorized by CVMC 1.41.110. The accrual date for Civil Penalties subject to this notice and order is September 18, 2017. Failure to comply may result in the assessment of higher penalties. Page 1 of 3 To avoid Assessment of Civil Penalties, you must make all corrections on or before October 2.2017. If corrections include plan submittal, you will not be charged for the days the plans are in plan check, but you will be charged for all other days the property remains in violation. NO EFFECT ON OTHER ENFORCEMENT ACTIONS This Notice of Pending Assessment of Administrative Civil Penalties represents a separate and distinct enforcement action against the property. It is in addition to any previous enforcement or cost recovery action. This Notice of Pending Assessment of Administrative Civil Penalties does not negate or replace any previous fee or penalty assessed against the property, nor does it extend or modify any previous compliance deadline. Notice of Violation Recordation This notice will be recorded against your property's title in the records of San Diego County and will not be removed until the violation(s) listed above has (have) been corrected and all fees, fines, penalties and costs have been paid as authorized by CVMC 1.41.040. As the property owner/lender/lien holder of the above-described property, you have the right to object to the recording of the Notice of Violation. Your objection must be in writing, be accompanied by a $400 deposit hearing fee, and be received by the Code Enforcement Division at 276 Fourth Avenue, MS 200, Chula Vista, CA 91910 by October 2, 2017. Please state in your attached Request for Hearing form the factual evidence you feel will demonstrate why a violation of the Chula Vista Municipal Code has not been committed as outlined above and, therefore, the recordation should not be completed. Your obj ection will afford you the right to a hearing, at which time you may present your evidence to an impartial hearing examiner. You will be notified of the date, time and location of the hearing. If the Hearing Examiner rules that the Notice of Violation shall not be recorded, a clearance letter and copy of the ruling will be mailed to the property owner/lender/lien holder. A refund of the deposit will also be mailed to the party who paid the deposit. If the hearing examiner determines the property is, in fact, in violation, or if the owner / lender/lien holder of the property described above fails to inform this department of his/her objection to recording the Notice of Violation within the above-described time, the Development Services Department will record a Notice of Violation with the county recorder. This Notice of Violation, when recorded, shall be constructive notice of the violation(s) to all successors -in -interest in such property. Note: If the appeal is denied, the owner/lender/lien holder will be responsible for full cost of the hearing, including preparation and staff time. This may require additional monies to be paid to the city. Once the Notice of Violation has been recorded, no building permit or other development permit shall be issued to further develop said property unless/until there has been full compliance with the Chula Vista Municipal Code and any other applicable codes. The Notice of Violation will remain recorded against the property until the payment of all fees, penalties and costs. The city may still use further enforcement action to bring the property into compliance after the Notice of Violation has been recorded. You will be responsible for payment of $200 to the City of Chula Vista to have the recordation removed. In addition, the owner/lender/lieu holder will be responsible for any and all additional staff time and direct and indirect costs of enforcement, remediation and /or abatement of the violation(s) per CVNIC Page 2 of 1 1.41.140. 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. To schedule a compliance inspection appointment, or if you have questions regarding this notice, please contact Code Enforcement Officer Michael Bruce at (619) 409-3813. Michael Bruce Code Enforcement Officer Attachment(s): Request for Hearing Form Enforcement Remedies Chula Vista Municipal Code Chapter 15.66.020 cc: Property Matters LLC- 608 Sandra Property Matters LLC- 427 S Marshall Ave Chula Vista Fire House Bank of the West- El Cajon First Santa Clara Corporation Page 3 of') -V Z� CHULA Of Development Services Department Code Enforcement Division REQUEST FOR ADMINISTRATIVE HEARING (APPEAL) You may request a hearing to contest the proposed corrective action on the property shown below (CVMC 1.40.020). Please fill out the information requested below and deliver this form to the Department of Development Services, City of Chula Vista, 276 Fourth Ave., MS -B200, Chula Vista, CA 91910 before 3:45 pm on or before this date: 10-2-17. *You must pay a deposit amount of $400 at the time you request a hearing. Appellant Information (Property Owner or Responsible Party): Print Name Signature Date Mailing Address: Daytime Phone: Case Number: C17-0739 APN: 629-060-58-00 Violation Address: 3149 Main St. Corrective Action(s) under appeal: Notice of Intent to Record Civil Penalties Code Enforcement Officer: M. Bruce Phone Number: (619) 409-3813 Reason(s) for Hearing: Please be specific. You may attach additional numbered pages. Failure to request a hearing by the date indicated shall waive your right to appeal and contest the listed action. This form is provided for your convenience to file an appeal. *If your appeal is upheld your deposit will be refunded. If your appeal is denied your deposit will be credited toward the amount owed to the city. Additional costs may be assessed for hearing preparation, notification and appearance should your appeal be denied. Failure to pay a debt to the city may result in the placement of a lien on this property. Compliance with Americans with Disabilities Act The City of Chula Vista, in compliance with the Americans with Disabilities Act (ADA), asks individuals who require special accommodation to access, attend, and/or participate in a City meeting, activity, or service, to request such accommodation at least forty-eight hours in advance for meetings and Five days in advance for scheduled services and activities. Please contact a Code Enforcement Office Specialist at (619) 691-5280. 276 FOURTH AVENUE, MS B-200 • CHULA VISTA • CALIFORNIA 91910 PLEASE TAKE THIS NOTICE WITH YOU WTIEN APPLY_ i FOR PERMITS Building and planning permits maybe applied for at the building counter or planning counter at 276 Fourth Avenue, Chula Vista, CA- PIease telephone (619) 691-5272 for general information about getting the required permits and/or (619) 585-5621 for zoning and sign permit information. FAILURE TO COMPLY WITH THIS NOTICE OF VIOLATION MAY RESULT LN ANY ONE OR A COMBINATION OF THE FOLLOWLNG ENFORCEMENT ACTIONS. If resolving the violation involves the issuance of a pewit an investigative fee shall be assessed to defray the expense of investigation and enforcement Administrative Citation: Fines of $100, $200, or $500 perviolation for 1n 2nd or 3� 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 imprsonment 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. Re uspection Fees: Full 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 for discovery during atitle 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 may be w tbheld until violation has been corrected. Civil Penalties: Penalties of up to $2,500 per day, with each day being a separate offense. Real Propertv Liens: Alien may be placed against the real property as a means of recovering costs recurred 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 Chola 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 38773, costs and penalties that may be recovered and enforced against responsible parries under the chapter include, but are not limited to, the following: A. City's direct cost for abatement of nuisances, together with applicable overhead; B. Costs of salary and applicable overhead of those city employees and contract personnel involved in the investigation, enforcement and remediation or abatement or anuisance; C. City costs for equipment use or rental: D. Attorney's fees; E. Court costs and witness fees; F. Costs of geotechnical, engineering and other technical services and studies; G. Administrative fines and civil penalties imposed pursuantto this chapter, B. Reinspection fees pursuantto CVMC 1.41.060; I. Costs of monitoring programs necessary for correcting, monitoring, abating or mitig2ling nuisances and violations; J. Any other fee, cost or expense reasonably and rationally related to the city's enforcement efforts to abate a nuisance or correct a violation of this code or applicable state law, K. Treble damages recoverable pursuant to Government Code Section 38773.7. (See CVMC 1.41.160(c). (Ord. 2718 § 3, 1998). 1.41.150 Confirmation of costs: Following the conclusion of the city's remediation, abatement or corrective actions, the director shall notify the property owner and appropriate responsible parties of a proposed assessment of costs against each individually and as a lien or assessment against the real property that was the subject of abatement or corrective action. Notice and an opportunity to be heard and contest the basis for the assessment Of costs or Hen shall be provided to those parties in accordance with Chapter 1.4'.0 CVMC. Following any hearing or waiver thereof; the city manager may then issue a final order of confirmation of costs against the respective responsible parties. (Ord. 2718 § J, 1998). 1.41.160 Enforcement: A. In accordance with Government Code Section 38773, the city manager or a director, or both as appropriate, may enforce the confirmation of costs as follows: L Asa personal obligation against aresponsibleparty, and 2. Either: a As a recorded lien with the priority of a judgment lien in the real property records of the county against any real property which was the subject of abatement or corrective action; or b. As an assessment against the property which was subject to abatement or corrective action, to be collected in the same manner as municipal taxes. B. The city manager, city attorney or director is authorized to obtain judicial enforcement for the foreclosure of the lien, where appropriate. In addition, pursuant to Government Code Section 38773.7, the city manager may seek treble damages for the abatement costs where the corrective action arose out of or constituted a second or subsequent civil or criminal judgment within a two-year period, as provided for in that section. Enactment of this subsection constitutes the enactment of an ordinance authorizing the recovery of treble damages in accordance with Government Code Section 38773.7. (Ord. 2718 § 3, 1998). 5.66.020 Gpe.-ation of medical .mari ;lana dispensair prohibit ed. A. The operation of a medical marijuana dispensary, as defined in this chapter, is prohibited in the City of Chula Vista, and no person or association of persons, however formed, shall operate or locate a medical marijuana dispensary in the City. The City shall not issue, approve, or grant any permit, license or other entitlement for the establishment or operation of a medical marijuana dispensary in the City of Chula Vista. B. This chapter does not apply where preempted by state or federal Iavi. (Ord. 3204 § 2, 2011)_ �flo spcJNafOnC� �> � c �- r 3'3,odel`i¢eLy._asmattot�,itsiFi�wetisu�'s'�`-;igj� Total P" property Matters LLC M1 M1 Postage $ ru -0 - tr7 _ S M � `� d A '�? Retum Receipt Fee M1 _ e� f� lti Postage $ M1 Certned Foe ResMetetl Delivery Fee S Certified Fee (Endorsement Required) M Ratum Receipt Fee Postmark C2 (Endorsement Required) Here 0 Restricted Delivery Fee 0 (End°rsemerrt gequirso ru _..- rl Total Posts ru Sent To hula Vista Fire House zt- o street&A;�3149 Main St. t` orPOBox'Chula Vista, CA. 91911 City, Slat., tafe,2 �flo spcJNafOnC� �> � c �- r 3'3,odel`i¢eLy._asmattot�,itsiFi�wetisu�'s'�`-;igj� Sent To 'roperty Matters LLC ---------JP! Or PO Box AP Sandra Ln 61F- iW.7-71 Cajon, CA. 92019 - - ---- Total P" property Matters LLC M1 M1 Postage $ ru -0 Certified Fee in S m 0 Retum Receipt Fee Postmark E3 (Endorsement Required) Here 0 Certned Foe ResMetetl Delivery Fee �. C3 (Endorsement Required) E:3 N Here p ri 'total Post: _ C3 N Sent To 'roperty Matters LLC ---------JP! Or PO Box AP Sandra Ln 61F- iW.7-71 Cajon, CA. 92019 - - ---- N om Total P" property Matters LLC u Sent To ru -0 °aoe� in S m cros sial ~ r Postage S - r Certned Foe �. Postmark E:3 Rehm Receipt Fee Here p (Endorsement Required) C3 Restricted Delivery Fee (Endorsement Required) In N om Total P" property Matters LLC t(, Sent To 427 S Marshall Ave,r CA. 92020 El Cajon'C °aoe� cros sial Notice and Order to Abate C17-0739 Page 2 ISSUANCE DATE: September 18, 2017 Name Michael Bruce Address Title Code Enforcement Officer 276 Fourth Avenue, Chula Vista, CA 91910 Telephone (619) 409-3813 cc: Property Matters LLC- 608 Sandra Property Matters LLC- 427 S Marshall Ave Chula Vista Fire House Bank of the West- El Cajon First Santa Clara Corporation RaL�]",OIjI,91 PBquaE9I6dr B3 WFMI RECORDED MAIL T0: sauoff eY,'=-f 520 SL'm &,j F'U%M E8124 DOG# 2017-0039910 IM91III IIREMIMIMTll>➢ ME Jan 25, 2017 04:27 PM OFFICIAL RECORDS Ernes J. Dronanburg, Jr., SAN DIEGO COLINY RECORD=, FEES: S42.Op PAGES: 10 DEEB OF TRUST THIS DEED OF TRUST is dated J=Hoary 24, 2p17, among FROPE„n-f Y GU,TTII{S, LLG., a Cardornia g,•u�d IfaeiGhf company, Whose address is 427 S hu RSI; L AVE EL CAJOPI, CA 92020 (iruor^} SANK OF 7IvF WEa'T, Whose, addn=s is II Cajon = SM 1234 E. Main Street EI Cajon, CA 92021 {._, rr d to hdow somemn , as "Lender" and —sometimes as 'Benenciarg°f; and Frr Santa Clay CorperBon, a CaETorrla Coni or5on, wha=.z address is 2527 Caaimo P.amor. San Ramon, CA 94583 (r_,erred to below as a alffo j COW-FYA}{CSAM' GR4?r. rwvdiiahL= wn�dambrq Tnsforiravocach e,-:_ - r selg for G a Lara;Tf of Liar bac=dc`r, !' r tis aid ass! Off fa 7ta=- iL f--^= �r e+m '� wfj er su c_n�• I `L e." T [u.: s ra. a`de, hid Ir==e et a� .tea .ice ia- to r rWruh p�sr you zv^ L:_�e-r > �-d er �,"as"ad Lu�7e"r m?a�rwrr� �d a.2.ua, aQn- PiMP�Y: ray -a -,'� P�.a f Y P �Ic�c in *uToa- iv¢h arch c 1<ic:on rg[-sr aides --.Il a�sr r a a lir=-, uyr erav= r�C b 5•.a rel c - r wu. lins3:�n aII rL;aaL=, oI, "Real PmRevy°j Roo_atid'm SA N DIEGO Coo, ry, S�.e of Calromia: 2'a r "d „ r�. m�4 P.Itz A.q ih;, c_�, in rzal preRe� � siivau� in :he Gourd ! of San Dfegg Stata or Cal"r."omi=_. dacveed as iollaws: Thi: portion p u{= p F 9{1-12t haI,' oT $±a sauuiwe;=, quar_r of Brz nar.'mie;� quar"er of Section fiioie0i, desadSed as TOIIOWS: BemmarrdllIla Base 2nC �iarldlan, 2aCo7dir7g to HCl ai Plat. Bag'mning et he southeast comer of the norm 40 Te_t of the p{�l hal, o: ` id soud-,v e„=� quar;zr aT the to the Le quaver, Thence along rib son d tint of aid norJr 40 f=it, North 89` 40' Ha plant 30403 .ref to the w�-t Fine az t,rz [and described in dezd €o Sanezi STipacly zf rx, recorded Novsmber 38, 1955, in Boob 5889, page 112 of O ciaf Racard;, being the True Faint of B--Tnn!W, Thence along said wast Rina, Sorn 0= 19' 55- West 135 f -s -t,- Thence. Souh 89°40' 05" East, 110.00 Tect Thence North 0' i9` 55" E=s;1-25 Teat to said south line of the north 4O faet; Tnercz:larn 89` 403 05" 1'1'x, 110 fee: to the True Paint O; Bsgmning. The aeon=_ described land betrig tha! cMem paroal duian_;ad 0.341 acres on Record a, SurleyMap No. 7274, fvad in the 0Moe of the Coun 1 Recorder. of Sar. Diego County. The Rs=I Properly a % address is commonly krlmvm as 3149 MAIN ST, CI-RJLA VISTA, CA 9i 911. The A.ssassc's Parcel NlimSer for the Real Prooeriy is 629-06038-D0. Tu-storR,�-ALL EF Fmcy �-r7 Rar � nuu Ctidai Tn j--li ar T:us`:crs rign-& ad,L In and aL Fcn _ s:�Jr mlt ^¢.i s rz=3 fy rr1 or -,a,:, olr of ;-n D franc- ��'y � ns is � armor -s �srn� of Rants rr-da ur cwvv.�ian Cmc -J Ccdz s-zry v rw=cm in. P�mr1 °ra a:; a,3 R.=n� Coc- —mein 2.3&. L, a ecn. Trl;:w cr_„ ID t cT.d� z Uncon TFiiS D�­ Cr TrcLY, C;CGU.- {E TrE '1naIGY; f{i 0.= iw'YS Iu'1D T� &E lC'.I � f Ittiuc=ai Ly TrL'- R6y7S AN] P C T{u r:•cC SiDR DiD'MidE lffO%�Ti-1r� FiTE7i IIOCLI IUD��`�-ai AltD (-ej PaPSOa ^X'Ce`OPA.4'YA�:II AL O3llG1 0 1r.CCP�i-�7 0t7 i r= FOLLOMIG T EFTS: T-== ''{' D T;IIS D� 0= it.Ua'T. TETTE DF^E OF TRUY IS CW -j AYD tNI-Z A,'ar P FD.'.,,',i.",PIC= E..r c`uLr;,. s crui d.d Li ffas D-�-..� o, T me, Tn__I..r sM=Il �j a L.�da'-Si �„occ;"v. �,��r tiu= D- Tna: a ;aycr= d, �d = ^r Cid erTnl - u _ Lle >'ru ydc � �.0 ¢; a aay r„�--u�:. ceron ei Tn_f, ce ._:cps �'=r sa -a -_ P,el==.i.DocmenL. U.. �c.. -,'he POSSE,'SIO;{ Afro L;ANV =Kpa{CE OF 'ME PRO.'=F,Ty. arness ;-r>=_', Instars ce> l _id c� of '�-�-. o-opar;, n 9yrryi hj iFufO➢cvmra PMVv ions - 7 c :u t_ and U=. U�j ma occa.w nm of an =roan of De -UL Tncier n_; (i) rru-.n it ccsr=-..con ad ,.trcl o: e PraperFf L CODE ENFORCEMENT DIVISION DEVELOPMENT SERVICES DEPARTMENT 276 FOURTH AVENUE, MS 200, CHULA VISTA, CA 91910 PHONE NO.- (619) 691-5?Rn PAY-kTn • r<1m cQc ccQi The above violation(s) must be corrected by March 21. 2018. The city will conduct a reinspection after that date. If the violation(s) has (have) not been corrected by date shown above the following actions may occur. Assessment of Administrative Civil Penalties Administrative Civil Penalties may be assessed at a rate of up to $2,500 per day, per violation; for any related series of violations. Penalties may be assessed for each individual code section violated and may accrue daily until the violation is corrected as authorized by CVMC 1.41.110. The accrual date for Civil Penalties subject to this notice and order is March 7, 2018. Failure to comply.may result in the assessment of higher penalties. Page 1 of 3 NOTICE OF VIOLATION, PENDING ASSESSMENT OF ADMINISTRATIVE CIVIL PENALTIES & INTENT TO RECORD A NOTICE OF VIOLATION Notice Date: March 7, 2018 Violation Date: Jan 30, 2018 1 Case Number: C17-0739 Violation Address: 3149 Main St. APN: 629-060-58-00 Chula Vista, CA 91911 Responsible Parties: Edgar Omar Rubio; 4356 Delta St, Suite 2016; San Diego, CA. 92113-4514 Chula Vista Fire House; 3149 Main St. Chula Vista CA 91911 IS # TS # You are herebY notified of the following violation(s) of Municipal Code Section(s): Commercial marijuana activity prohibited (5 66 020 C)MC) Description of Violation: Operation of a commercial marijuana dispensary at the property., Comments/Corrective Action(s): Abate commercial marijuana activity at the property. The above violation(s) must be corrected by March 21. 2018. The city will conduct a reinspection after that date. If the violation(s) has (have) not been corrected by date shown above the following actions may occur. Assessment of Administrative Civil Penalties Administrative Civil Penalties may be assessed at a rate of up to $2,500 per day, per violation; for any related series of violations. Penalties may be assessed for each individual code section violated and may accrue daily until the violation is corrected as authorized by CVMC 1.41.110. The accrual date for Civil Penalties subject to this notice and order is March 7, 2018. Failure to comply.may result in the assessment of higher penalties. Page 1 of 3 To avoid Assessment of Civil Penalties, you must make all corrections on or before March 21, 2018. If corrections include plan submittal, you will not be charged for the days the plans are in plan check but you will be charged for all other days the property remains in violation. NO EFFECT ON OTHER ENFORCEMENT ACTIONS This Notice of Pending Assessment of Administrative Civil Penalties represents a separate and distinct enforcement action against the property. It is in addition to any previous enforcement or cost recovery action. This Notice of Pending Assessment of Administrative Civil Penalties does not negate or replace any previous fee or penalty assessed against the property, nor does it extend or modify any previous compliance deadline. Notice of Violation Recordation This notice will be recorded against your property's title in the records of San Diego County and will not be removed until the violation(s) listed above has (have) been corrected and all fees, fines, penalties and costs have been paid as authorized by CVMC 1.41.040. As the property owmer/lender/lien holder of the above-described property, you have the right to object to the recording of the Notice of Violation. Your objection must be in writing, be accompanied by a $400 deposit hearing fee, and be received by the Code Enforcement Division at 276 Fourth Avenue, MS 200, Chula Vista, CA 91910 by March 21, 2018. Please state in your attached Request for Hearing form the factual evidence you feel will demonstrate why a violation of the Chula Vista Municipal Code has not been committed as outlined above and, therefore, the recordation should not be completed. Your obj ection will afford you the right to a hearing, at which time you may present your evidence to an impartial hearing examiner. You will be notified of the date, time and location of the hearing. If the Hearing Examiner rules that the Notice of Violation shall not be recorded, a clearance letter and copy of the riling will be mailed to the property owner/lender/lien holder. A refund of the deposit will also be mailed to the party who paid the deposit. lithe hearing examiner determines the property is, in fact, in violation, or if the owner / lender/lien holder of the property described above fails to inform this department of his/her objection to recording the Notice of Violation within the above-described time, the Development Services Department will record a Notice of Violation with the county recorder. This Notice of Violation, when recorded, shall be constructive notice of the violation(s) to all successors -in -interest in such property. Note: If the appeal is denied, the owner/lender/lien holder will be responsible for full cost of the hearing, including preparation and staff time. This may require additional monies to us paid to the city. Once the Notice of Violation has been recorded, no building permit or other development permit shall be issued to further develop said property unless/until there has been full compliance with the Chula Vista Municipal Code and any other applicable codes. The Notice of Violation will remain recorded against the property until the payment of all fees, penalties and costs. The city may still use further enforcement action to bring the Property into compliance after the Notice of Violation has been recorded. You will be responsible for payment of 5200 to the City of Chula Vista to have the recordation removed. In addition, the owner/lender/lien holder will be responsible for any and all additional staff time and direct and indirect costs of enforcement, remediation and /or abatement of the violation(s) per CVMC Page 2 of 3 1.41.140. Tf 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. To schedule a compliance inspection appointment, or if you have questions regarding this notice, please contact Code Enforcement Officer Michael Bruce at (619) 409-3813. Michael Bruce Code Enforcement Officer Attachment(s): Request for Hearing Form Enforcement Remedies Chula Vista Municipal Code Chapter 15.66.020 cc: Chula Vista Fire House Page 3 of 3 CITY OF Ci ULA X-bSTA Services Carie Enfarcerrnent Division REQUEST FOR ADMINISTRATIVE HEARING (APPEAL) You may request a hearing to contest the proposed corrective action on the property shown below (CVMC 1.40.020). Please fill out the information requested below and deliver this form to the Department of Development Services, City of Chula Vista, 276 Fourth Ave., MS•13200, Chula Vista, CA 91910 before 3:45 pm on or before this date: March 21, 2018. *You must pay a deposit amount of $400 at the time you request a hearing. Appellant Information (Property Owner or Responsible Party): Print Name Signature Date Mailing Address: Daytime Phone: Case Number: C17-0739 APN: 629-060-58-00 Violation Address: 3149 Main St. Corrective Action(s) under appeal: Notice of Intent to Record Code Enforcement Officer: M. Bruce Phone Number: (619)409-3813 Reason(s) for Hearing: Please be specific. You may attach additional numbered pages. Failure to request a hearing by the date indicated shall waive your right to appeal and contest the listed action. This form is provided for your convenience to file an appeal. *If your appeal is upheld your deposit will be refunded. If your appeal is denied your deposit will be credited toward the amount owed to the city. Additional costs may be assessed for hearing preparation, notification and appearance should your appeal be denied. Failure to pay a debt to the city may result in the placement of a lien on this property. Compliance with Americans with Disabilities Act The City of Chula Vista, in compliance with the Americans with Disabilities Act (ADA), asks individuals who require special accommodation to access, attend, and/or participate in a Gry meeting, activity, or service, to request such accommodation at least forty-eight hours in advance for meetings and five days in advance for scheduled services and activities. Please contact a Code Enforcement Once Specialist at (619) 691-5280. 276 FOURTH AVENUE, MS B-200. CHULA VISTA. CALIFORNIA 91910 PLEASE TAKE TH1S NOTICE WI M yOU ` HEN APPLi i 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 zoning and sign permit information. FAILURE 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 1n Tn or 3A citation respectively. Each day that the violation occurs or continues is considered a separate offense. Criminal Prosecution: Fines up to a maximum of $1,0 violation continues. 00 with a possibility of up to 6 months imprisonment for each day the 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 ident tied in the Notice of 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: 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. CivilPenalties: Penalties of up to $2,500 per day, with each day being a separate offense. a code violation. Real Property Liens: A lien may be placed against the real property as a means of recovering costs ncurred by the City as a result of 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 38773, costs and penalties that may be recovered and enforced against responsible parties under the chapter include, but are not limited to, the following: A. City's direct cost for abatement of nuisances, together with applicable overhead; B. Costs of salary and applicable overhead of those city employees and contract personnel involved in the investigation, enforcement and remediation or abatement of a nuisance; C. City costs for equipment use or rental; D. Attorney's fees; E. Court costs and witness fees; F. Costs of geotechnical, engineering and other technical services and studies; G. Administrative fines and civil penalties imposed pursuant to this chapter, H. Reinspection fees pursuant to CVMC 1.41.060, I. Costs of monitoring programs necessary for correcting, monitoring, abating or mitigating nuisances and violations; J. Any other fee, cost, or expense reasonably and rationally related to the city's enforcement efforts to abate a nuisance or correct a violation of this code or applicable state law; K. Treble damages recoverable pursuant to Government Code Section 38773.7. (See CVMC 1.41.160(c). (Ord. 2718 § 3, 1998). 1.41.150 Confirmation of costs: Following the conclusion of the city's remediation, abatement or corrective actions, the director shall notify the property owner and appropriate responsible patties of a proposed assessment of costs against each individually and as a lien or assessment against the real property that was the subject of abatement or corrective action. Notice and an opportunity to be heard and contest the basis for the assessment of costs or lien shall be provided to those parties in accordance with Chapter 1.40 CVMC. Following any hearing or waiver thereof. the city manager may then issue a final order of confirmation of costs against the respective responsibleparties. (Ord. 2718 § 3, 1998). 1.41.160 Enforcement: A. In accordance with Government Code Section 38773, the city manager or a director, or both as appropriate, may enforce the confirmation of costs as follows: 1. Asa personal obligation against a responsible party, and 2. Either: a As a recorded lien with the priority of a judgment lien in the real property records of the county against any real property which was the subject of abatement or corrective action; or b. As an assessment against the property which was subject to abatement or corrective action, to be collected in the same manner as municipal taxes. B. The city manager, city attorney or director is authorized to obtain judicial enforcement for the foreclosure of the lien, where appropriate. In addition, pursuant to Government Code Section 38773.7, the city manager may seek treble damages for the abatement costs where the corrective action arose out of or constituted a second or subsequent civil or criminal judgment within a two-year period, as provided for in that section. Enachnent of this subsection constitutes the enactment of an ordinance authorizing the recovery of treble damages in accordance with Government Code Section 38773.7. (Ord. 2718 § 3, 1998). 5.66.020 Operation of medical marijuana dispensaries prohibited. A. The operation of a medical marijuana dispensary, as defined in this chapter, is prohibited in the City of Chula Vista, and no person or association of persons, however formed, shall operate or locate a medical marijuana dispensary in the City. The City shall not issue, approve, or grant any permit, license or other entitlement for the establishment or operation of a medical marijuana dispensary in the City of Chula Vista. B. This chapter does not apply where preempted by state or federal law. (Ord. 3204 § 2, 2011). N ru Q. N • mt a S y - r M1 M1 Postage M1 $ Certified Fee Certified Fee 1-3 0 Ronan Receipt Fee O (Endorsement Required) Postmark Here Pcstrnark Restricted Delivery Fee O (Endorsement Required) 1:3 Return ReceiptFee C3(Endorsement Required) Restricted Delivery Fee M (Endorsement Required) N fill Total - - - Chula Vista Fire House = son"' 3149 Main St. C3 C3 oPO Chula Vista CA. 91911 orr POE cny sa , '�Ffl_F�-��nYn[ �4[0131�On�51F`�flll VI/C�`dP2�11(Wit!45(1S�EF��-g N "I Total ru sena Edgar Omar Rubio r=1 3149 Main St ry earao Chula Vista, CA. 91911 c -A% s IEGEI M1 PA °U M1 M1 Postage $ ? Candied Fee C3 ReturnReceipt Fee - Postmark O (Endorsement Required) Hera Restricted Delivery Fee O (Endorsement Required) N A Total P N senrre Edgar Omar Ru bio a 4356 Delta St, Suite 2016 C3 3`v`eefa; M1 -Poe,.--. San Diego, CA. 92113-4514 City Slat M1 M1 Postage $ M1 Certified Fee Pcstrnark 1:3 Return ReceiptFee C3(Endorsement Required) Restricted Delivery Fee M (Endorsement Required) Here N "I Total ru sena Edgar Omar Rubio r=1 3149 Main St ry earao Chula Vista, CA. 91911 c -A% s IEGEI M1 PA °U M1 M1 Postage $ ? Candied Fee C3 ReturnReceipt Fee - Postmark O (Endorsement Required) Hera Restricted Delivery Fee O (Endorsement Required) N A Total P N senrre Edgar Omar Ru bio a 4356 Delta St, Suite 2016 C3 3`v`eefa; M1 -Poe,.--. San Diego, CA. 92113-4514 City Slat Edgar Omar Rubio Case No.: C17-0739 4356 Delta St, Suite 2016 Address: 3149 Main St. San Diego, CA. 92113-4514 Chula Vista, CA. 91911 APN: 629-060-58-00 "Chula Vista Fire House" 3149 Main St. Chula Vista, CA. 91911 NOTICE AND ORDER TO ABATE NOTICE IS HEREBY GIVEN that commercial marijuana activity is prohibited. The violation has been declared a public nuisance by the code enforcement officer and must be abated immediately. The public nuisance is on the following described real property in the City of Chula Vista, County of San Diego, State of California: SEE "Deed of Trust' YOU ARE HEREBY ORDERED TO ABATE SAID PUBLIC NUISANCE. You must abate the nuisance by ceasing operation of all commercial marijuana activity. The following timeframe must be adhered to in order to avoid further fines and penalties: Cease all commercial marijuana activity within ten consecutive calendar days from the issuance of this order. 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 within ten days of the date of this Notice per CVMC 1.30.070. 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 $400; and, be submitted to the City at the following address: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Telephone No.: (619) 691-5280 Attention: Code Enforcement Division 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 the Hearing Examiner denies your appeal, the appeal fee will be added to the cost of the abatement. If the Hearing Examiner grants your appeal, the appeal fee will be reimbursed to you. If the cost of the hearing exceeds the deposit, the difference will be billed to you along with all costs for the abatement. If you have any questions regarding this matter, you may direct such questions to the City Officer issuing this notice at the address or telephone number listed below. Notice and Order to Abate C17-0739 Pale 2 ISSUANCE DATE: March 7, 2018 Name Michael Bruce Address 276 Fourth Avenue, Chula Vista, CA 91910 Title Code Enforcement Officer Telephone (619) 409-3813 cc: Chula Vista Fire House Psoordh.g d Requester, LAM -Yrs T3f WHEN RECORDED MAIL TO: ami a; ffie West 520 .^u'dn Ave Foga• NO 58124 DEED OF TRUST DOC- 2017-0039910 IIDIO�DID����➢fI�ID�®��ID��IDIIID Jan 25, 2017 04:27 PM OFFICIAL RECORDS ErnssW. Dronenburg, Jr - SAN DIEGO COUNTY RECORDER FEES: $42.00 PAGES: 10 THIS DE® OF TRUST is dated January 24, 2017, among pp OpERTy 6'LATTERS, Lt G, a California limitedliab liability company, whose address is 427 S [1ARSHALL AVE EL CAJON, CA 92020 ("Truster"}; BANK OF THE WEST, whose addr=ess is II Cajon ; 515, 1234 E Main Stret © Cajon, CA 92021 (referred to below sometimes as "Lender" and sometimes as 'Beneficiary); and Fust Santa Clara Corporation, a California Corporation, whose address Is 25527 Camino Ramon, Sar, Ramon, CA 94583 (ref>_rred to below as "Trustee"). CONVEYANCE bND GRANT. o T. For vda+hle comm._rflon, Trustor hrewcacly grants, irensz_r- end -=;nigra to Tru:,es ire. trw-E, x h pcWEy are ==t 2.. 6enenciary, alI of Trustors rIgm cele, and a �--�_'. m and to ire io0v..Ang dTTL�J rail praperb , Inaacrer v � alan vWEVerr,, v E;^r rioIs end d:ai rights mdudm 's, Im"'em-re., and fc¢.na all x;rLV;t,, ri9� of ri__+, avid apo r vvor er,' an nY=flies. and em�T� rd�ng to the r -=I pmo-rY, mdud)tg 4irNogut Lrn�n eu minerainiNdes ls, ort, ave, die Q Q, �mcar mother-. (7a 'Real Propshiy" located in SAN DIEGO County, State of Calromia: - Ali the: certain real property situated in the County of San Diego, State of California, described as follows: That portion of the east half of the wast half of the southwest quaver of the northwest quarter of Section 23, To:mship 18 South, Range 2 West, San Bernardino Base and Meridian, according to Official plat thereof, described as follows: Beginning at the southeast Comer of the north 40 feet of the west half of aZid SoutFrem t quarter of the norfhwest quarter, Thence along the south this of aid north 40 test, North 89c 40' 05" Wast, 304.03 fast to the west line of the land described in deed to Samuel SGpock, at ux, recorded November 15, 1955, to Book 5889, page 112 Of Official Records, being the True Point Of Begi-m1ng; Thence along said west line, South Co 19' 65— Wast, 135 feet; Thence South 89° 40' 05" East,110-00 feet; Thence North 0. 19' 55' East, 195 feet to said south line of the north 40 feet; Thence North 89° 40' 05' West, 110 fest to the True Point of Beginning. The above described land being that certain parcel designated 0.341 acres on Record of SUrvoY plop No, 7274, tiled in the Once of the County Recorder of San Diego County, The Real Property or its address is commonly known as 3149 MAIN ST, CHULA VISTA. CA 91911, The Assessor's Parcel Number for the Real Property is 629_060-58-00. I ruat,or pre_=errty ugra to !_ander (also Imran es 6erecciery m itis Deed or Tru_)ae of Trusicr's right iP1a, ani Intar�� Ln and to all pr �,ti d nhJr Ies-� ei the Prrnxiy and z�7 Rsrtis srum file Prclrety. This is m absciu:_ �-icnmerr; of Rents made in connection welt an oh Commadal CodeI e, e o=r: raduy inter crap�• our tt tc C-dromie CM Cada c_ -coon 2°.q8. In edcn-on, Tractor gr m to Lendera Unuon g a-, m t -le Permrr-1 Properr,•and R=rm THIS ➢EEO OF TRUST, INCLUDING TPZ ASEICNilEN OF REa�S A,9D THE SECURITYt r r W THE RI31T5 AND PERSONAL P f, IS GIVEN 10 SECURE (A) PAY5IENT OF THE INDEBTEDNESS AND (B) PEP oRM;,4Cc' OF APIYAND ALL 0 GAT1ON5 O'r T}i TRUSTi OR LN➢� Tn'E NO ie, Tris F�1ATr' ]i DOCUi i�1Ta', A;lO TAS DEMO OF TF T. THIS Oct OF TRUST IS 3U 1 Na ACCEPTED ON THE FOLLOWING TF3L'S: P`ti` Deed AND PERFORMANCE.siny=&..end snxl s cUv aid mtas hos'`- O=ff of Trus4 Tin -r shy my a Lind=r ac amourf s .d 6}, Dead of Tru, and Tm Relsied.Docmane. ar-`t). r``nnc-r porton an c; Tw-tars eh➢gacons ur, er the Nos, tys POSSESSION CN➢ 'uF,A1T5N-t`.t:CE OF lets PRCPER-i Y_ Im3ior ser s cam; Tnutors ocr,-�,;sn and use of the Propefij ahan he Ei '-. ed by theiollcWina previsiora - _ Pte_—,_ion end U_z_ Ur,+r�i vie ecw ;enw of an Eo-�i of D= cult, Trustor ratty (j) rm:.in in ncsr-'on and control of fro Prupe tT L .': �'tifj CITY OF CHULAVISLA August 29, 2018 Property Matters LLC 12146 Via Serrano El Cajon, CA 92019 Services Cane NOTICE AND ORDER TO VACATE 3149 Main Street, Chula Vista, CA 91911; APN: 629-060-58-00 Pursuant to Chula Vista Municipal Code ("CVMC) chapter 15.06 and that the building has unpermitted construction/alterations, I have determined the building at 3149 Main Street, Chula Vista, CA 91911, APN: 629-,060-58-00, to be an unsafe building, as it has inadequate egress, is a potential fire hazard, is being maintained as a public nuisance in violation of CVMC 5.66.020 as an unlawful marijuana business, and is otherwise dangerous to human life. The building at 3149 Main Street, Chula Vista, CA 91911 must be vacated within ten (10) days. If you fail to comply with this NOTICE AND ORDER TO VACATE, I may cause the building at issue to be vacated, secured, and maintained against entry in accordance with all applicable laws; 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. Any person having a record title or legal interest in the building may appeal this notice and order or any action of the building official to the Board of Appeals and Advisors, provided the appeal is made in writing and filed with the Building Official at the address listed below prior to the expiration of number of days specified above requiring the building to be vacated. Failure to appeal will constitute a waiver of all right to an administrative hearing and determination of the matter. Sincerely, Lou El-Khazen, PE, CBO, CASp Building Official/Code Enforcement Manager Development Services Department 276 rourth Avenue, Chula Vista, CA 91416 , w vwchvlavfstaca.8ov 1 (619) 691.5101 1 fax (614) 464.5859 276 Fourth :\venue, Chula Villa, CA 42810 www.chulavistaca.auv 1 (09) 691-5101 1 fax (60) 409.5859. 77 FIRE SAFETY INSPECTION REPORT (Type Page_ > of FIRE PREVENTION DIVISION • 276 Fourth Avenue, Building C, Suite B-143 • Chula -Vista, CA 91910 ---- (619)691-5029 fax(619)691-5204 • www.chulavistaca,gov/goto/FirePrevendon Business License: �t ,4 Building Permit No.: iq (A FSE Permit No.: Complex/Business Name. 6r h ose Inspection Date: :S R& be Com IexBusinessAddress: ctir7 c�'>i: pp t p �,i �f n/ �q � #t ti �� �� Suite: Owner/Property Manaoemerd/Contractor. >f4{�r/K O/PM/C Phone: Inspection Type: 6 4&4- <e �c�T./ Email: ❑ NO VIOLATIONS ❑ Update RMS/File CODE # COMPLIANCE REQUIRED INITIAL DATE t 3rd Civil Penalties / / Final Clearance / / Occupancy Class: ❑ Permitted Occupancy Occupant Load Square Ft ❑Sprinklered E] Fire Alann lAt'rs der## coo -m- v jj j 5-4 St.OtL f'Ea4YoC'S` Je�i i1 fn� 1 G stNC J'� ii, i � A :; � e- LLQ- ntls C dlf444.j1 k J Inspector Notes: (✓ s4AC JeAAe, i"r_'1 G0e eh..Aj b;"l 4JV 2 Sg66 RE -INSPECTION DATE51 INSPECTOR TIME SPENT 1st/ -c� Q 2nd t 3rd Civil Penalties / / Final Clearance / / Occupancy Class: ❑ Permitted Occupancy Occupant Load Square Ft ❑Sprinklered E] Fire Alann By order of the Fire Marshal, you arehereby-notified to correct all violaticns liked herein immediately or show cause why you should not be required to do so. Willful failure to comply with this notice Is a misdemeanor. Violations that are not corrected within 3 days may be processed as a criminal offense and are subject topenalty fees in accordance with Chula Vista Municipal Code sections 15.36.035 and 1536.040. By signing this notice, you are agreeing under Penahy of Perjury to immediate)p correct all violations noted herein. By refusing to sign, you are still responsible for correcting all violations. The City reserves its right to conduct inspections to ensure that the above platiot have been completed. A re -inspection wil be conducted on 5®Ei't Signature of Recipient,��---� Danner ElMarnwr ❑Employee E]Contra= Inspecting Officer lepw- ID:: f \\ Trme Spent: 1-O Area: white-CVFPD • Yellow -Final Copy, avner/Ocmpant 6 Pink - Inifial Copy, avnenU=tinant BOARD OF APPEALS AND ADVISORS APPEAL APPLICATION FORM Appeal the decision of the: ❑ Fre Marshall ❑ Other. Application information Name of Appellant: Property Matters, LLC Phone No.6{ 19)971-8527 Home Address: 12146 Via Serrano, El Cajon, CA 92019 Business Address: 12146 Via Serrano, El Cajon, CA 92019 Project Address: 3149 Main Street, Chula Vista, CA 91911 Project Description: Appeal from Notice and Order to Abate (Example: New residential or commercial, room addition, Please use the space below to provide a response to the decision you are appealing. Attach additional sheets, if necessary. made allegations the building is unsafe because it is b. a vicuuai uc nazara ane aangerous to human life. The building is not unsafe as it confo= to all State andlncalhnilAinornAPrP„,,;rA,,,o,,.� n �_,.:_____�_. _ 9/6/2018 Date `The deposit of $563 is an estimate of staff cost for hearing preparation. Should staff cast exceed the initial deposit, you will be notified to replenish the account. CcmGtanca with Americans with DisabMes AC Tha Clly of Chula Vista, In cornpfiance with aw Amedcans with M3WWM Act (ADA), asks IndNl,nnr= who requirespecw accmmcdauon to access. attend. amllarparahipate Ina City meeting, ac”. or saMce, to request such accemmodatlan at least fortyehours van lght hos En advance for maattngs and he days In advance for audtadWed services and acdvitles. Please tag (619) 6915272 x3538. FINANCE DEPARTMEN 276 FOURTH AVE (619) 691-5250 CHULA VISTA CA 91910 Reg# #/Rcpt#: 005-00069652 [ GOG ] Accounting Date: Thu, Sep 6, 2018 Date/Time: Thu, Sep 6, 2018 2:15 PM 0138\CIVIL PENALTIES CE REF #: PERMIT:C17-0739 INVOICE#:144980 $ 563.00 ------------------ RECEIPT TOTAL $ 563.00 Payment Data: Pmt# :1 Payer: PROPERTY MATTERS, LLC METHOD: CK $ 500.00 Ref#: 17-837057263 Payment Data: Pmt# :2 Payer: PROPERTY MATTERS, LLC METHOD: CK $ 63.00 Ref#: 17-837057264 yy yJ.y J.yyyyy yyRyEyCyEyIyPyTy ySUMMARY yy yy y.L yyyyJ.y T TTT?TTTTTTTTTTTTTTTTTTTTTTTTTTT I'*TTTTiT TOTAL TENDERED $ 563.00 RECEIPT TOTAL $ 563.00 ------------------ CHANGE DUE $ 0.00 TT?TTTT T T TT'KT TTTT?T�T TTTT T?1TTT TT'F T4'z*## u:1.0.4430