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HomeMy WebLinkAbout2018-12-10 BOAA Agenda Packet\r.AI CHUMVISTA REGULAR MEETING OF THE BOARD OF APPEALS & ADVISORS OF THE CITY OF CHULA VISTA December 10, 2018 5:15 p.m. CALL TO ORDER Conference Room 137 Public Service Bldg `B" 276 Fourth Ave., Chula Vista ROLL CALL: Chair Doria Committee Members: Combs, Sanfilippo, and Sclafani 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: October 8, 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 Items) 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. Consideration of the Findings and Decision on the Appeal of a Notice and Order to Vacate, 3149 Main Street, Chula Vista, California, as an Unsafe Building and a Public Nuisance, which the Board denied on October 8, 2018 and upheld the Building Official's recommendation; if approved, directing Chair Tose Doria to execute same. OTHER BUSINESS 3. STAFF COMMENTS 4. CHAIR'S COMMENTS 5. COMMISSIONERS'/BOARD MEMBERS' COMMENTS ADJOURNMENT to the regular meeting on January 14, 2019 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 A Front Counter Reception area, during normal business hours. In compliance with the AMERICANS 97THDISABILITIESACT 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 leastforty-eight hours in advance of the meeting. I declare under penalty of perjury that i am employed by the City of Chula Vista in Development services and that 1 posted this document on the bulletin board according to BrownAct requirements. 2 Dated \a-3.��. Signed • ' c -c _. Page 2 1 Board of Appeals & Advisors Agenda December 10, 2018 ® 4 y Item I MINUTES OF A REGULAR MEETING OF THE BOARD OF APPEALS & ADVISORS OF THE CITY OF CHULA VISTA October 8, 2018 5:05 p.m. A Regular Meeting of the Board of Appeals & Advisors of the City of Chula Vista was called to order at 5:05 p.m, in Conference Room 137, located at Public Service Bldg `B", Chula Vista, California. ROLL CALL PRESENT: Chair Sanfilippo, Combs, Doris and Sclafani ABSENT: None ALSO PRESENT: Lou EI-Khazen, Building Official, Michael Bruce, Code Enforcement Officer, Justin Gipson, Fire Marshal, Carol Trujillo, Deputy City Attorney, Megan McClurg, Deputy City Attorney, Steve Mattis, Attorney for property owner Nozad Shaba, and Secretary Rice CONSENT CALENDAR 1. Approval of Minutes: April 9, 2018 Staff recommendation: Board approves the minutes. ACTION: Member Doria moved to approve staffs recommendations and offered Consent Calendar Item 1. Member Combs seconded the motion, and it carried 4-0. ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC COMMENTS None ACTION ITEMS 2. Elect new Chair and Vice Chair for fiscal year 2018/19 Staff recommendation: Board elect new Chair and Vice Chair Page 1 � Board of Appeals & Advisors Minutes October 8, 2018 MR Building Official, Lou El-Khazen, noted there were two new members Jim Combs and Anthony Sclafani joining the board he welcomed them and looked forward to working with them. The board discussed election of new officers. It was noted that Chair Sanfilipo had termed out but had stayed on the board until new members were inducted. Jose Doria accepted the position of Chair and member Jim Combs accepted as Vice Chair. ACTION: Member Doria made a motion to elect himself as Chair and Jim Combs as Vice Chair. Member Sanfilippo seconded the motion and it carried unanimously 4-0. Carol Trujillo, Deputy City Attorney, presented to Chair Doria a script outlining the protocol and procedures for the hearing on the Appeal of a Notice and Order to Vacate, for 3149 Main Street that the Chair reviewed and implemented. 3. Appeal a Notice and Order to Vacate: 3149 Main Street, Chula Vista As summarized in the staff report, Building Official, Lou El-Khazen stated 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. Staff went over the local and state regulations that were outlined in the staff report and relevant to the case. Chula Vista Municipal Code (CVMC) 1.30.040 states: whenever a public nuisance is declared; it may be abated in accordance with the municipal code. Chula Vista's Municipal code clearly requires that all tenant improvements that are done on buildings within the City of Chula Vista be subject to the permitting processesas well as inspections under CVMC 1506.080 and permits CVMC 1506.100. Tenant improvements must be inspected and approved by the city's building inspectors and city fire officials. Mr. EI-Khazen noted the tenant improvement has not been permitted by the City of Chula Vista and cannot be permitted by the City of Chula Vista because of the illegal use of the facility as a marijuana business. Staff 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 Officials and Fire Marshal's determination that the building 3149 Main Street is improperly occupied, is unsafe, and is being maintained as a public nuisance as an unlawful marijuana business. Page 2 1 Board of Appeals & Advisors Minutes October 8, 2018 AW Attorney Steve Mattis, (343 E. Main Street, Ste, 202, EI Cajon, CA 92020) representing the property owner (Nozad Shaba, 608 Sandra Lane, EI Cajon, CA 92019), who was not present, stated he had been retained by his client today, October 8, 2018. The tenants had vacated the building as of yesterday October 7, 2018. His client was not involved in the business. Mr. Mattia stated he had visited the property today at approximately 3:30 p.m. Some photos had been taken which showed the building had been vacated and that the unpermitted structural improvements were still there. It was the intent of his client to bring it into compliance remove the illegal improvements and work with code enforcement and the building department to get the necessary permits for demolition to bring the building back to the way it used to be. At this time, the client had no plans for a new tenant; however, in the future they would want to lease it for a lawful use. Attorney Mania petitioned the hoard to continue the hearing to allow him time to work with his client and staff so they could get all the necessary information concerning the violations and permitting process. Upon conclusion of Mr. EI-Khazen's staff report and Fire Marshal, Justin Gipson's response to the board's questions concerning inadequate egress, as it pertained to electronic door lock mechanisms, and further deliberation of the case history on 3149 Main Street, and the issues concerning illegal operation of the business, illegal tenant improvements of partitions, walls, electrical, doorways the Board of Appeals & Advisors concurred with staffs recommendation to deny the property owner's appeal of the Notice and Order to Vacate. Mr. Maria asked city attorney McClurg for clarification of what upholding the denial of appeal meant for his client. Ms. McClurg explained if the Notice to Vacate is upheld, as is, it was a valid determination when it was posted. She wouldn't be able to elaborate any further because they cannot provide legal advice to his client on how to interpret the Notice to Vacate. ACTION: Chair Doria made a motion to 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. Vice Chair Combs seconded the motion and it carried unanimously 4-0. OTHER BUSINESS 4. STAFF COMMENTS - Mr. El-Khazen gave an update on some of the projects that are being worked on which included the Chula Vista Bay Front Resort Hotel and Convention Center, Millenia, Villages 2, 3 and 8 and university site. The high volume of construction is constant with Page 3 1 Board of Appeals & Advisors Minutes October 8, 2018 M IN many promising projects on the horizon. Along with these types of project, staff anticipates alternate methods of material request, code interpretation (if there is an issue) that may be reviewed by the board for their input. 5. CHAIR'S COMMENTS -None 6. COMMISSIONERS'/BOARD MEMBERS' COMMENTS- None There was discussion about the next meeting and whether it would be a Special Meeting. Mr. El-Khazen asked for clarification. It was suggested by City Attorney Trujillo, that the Board of Appeals & Advisors direct the city attorney's office to prepare a written decision based on the testimony and have the board meet again and review that decision to validate it and adopt it. This could wait until their next regular scheduled meeting (November 12, 2018), or they could hold a Special Meeting which requires 24-hour notice. This could happen as soon as Thursday, October 11, 2018. Chair Dorm questioned the urgency. Ms. Trujillo explained any time a board makes a decision the appellant can decide to appeal it. They wanted to make sure in terms of due process they were giving the appellant an opportunity to do that. After more deliberation, the board decided to stay with their regular scheduled meeting of November 12, 2018. ADJOURNMENT At 6:15 p.m., Chair Doria adjourned the meeting to the next Regular Meeting on November 12, 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 4 1 Board of Appeals & Advisors Minutes October 8, 2018 Item 2 IN THE MATTER BEFORE THE BOARD OF APPEALS & ADVISORS OF THE CITY OF CHULA VISTA, FINDINGS AND DECISION ON THE APPEAL OF A NOTICE AND ORDER TO VACATE, 3149 MAIN STREET, CHULA VISTA, CALIFORNIA, AS AN UNSAFE BUILDING AND A PUBLIC NUISANCE The above entitled Appeal of a Notice and Order to Vacate 3149 Main Street, Chula Vista, California, was heard on October 8, 2018. The allegations were that the building was unsafe because of inadequate egress, was a potential fire hazard, was being maintained as a public nuisance as an unlawful marijuana business and was otherwise dangerous to human life, in violation of several provisions of the Chula Vista Municipal Code. The matter was heard by the Board of Appeals & Advisors of the City of Chula Vista ("Board") at its regular meeting, which is open to the public. The property owner, Nozad Shaba of Property Matters, LLC ("Appellant") was not present. His representative, Attorney Steve S. Mattis, was present. Also present were Rosemarie Rice, Secretary to the Board, and Carol A. Trujillo, Deputy City Attorney, serving as advisor to the Board. Lou El- Khazen, Building Official/Code Enforcement Manager represented the Code Enforcement Unit of the Development Services Department, City of Chula Vista ("City"). Mr. El-Khazen was accompanied by Justin Bruce, Code Enforcement Officer; Justin Gipson, Fire Division Chief/Fire Marshall; and Deputy City Attorney Megan McClurg, advisor to the Code Enforcement Unit. The matter was recorded via an audio recording device, including the testimony of witnesses. All of Appellant's and City's exhibits were admitted into evidence, without objection by either party, and a list of said exhibits is attached to this Findings and Decision. The Board took judicial notice of the City of Chula Vista Charter and Municipal Code. Having heard and considered all of the evidence and testimony, the Board finds based on a preponderance of the evidence as follows: ' 1. Chula Vista Municipal Code (CVMC) 15.06.075.A, Unlawful Acts, states: "Unlawful Acts. It shall be unlawful for any person to erect, construct, alter, extend, repair, move, remove, demolish or occupy any building, structure 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 (the state building codes adopted by City)." Z. CVMC 15.06.060.E, Powers and Duties of the Building Official, 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. Suchperson 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 technical codes." 3. CVMC 15.06.115.A, Certificate 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." 4. CMVC 15.06.065.D, Unsafe Buildings, states: "Unsafe buildings, structures or appendages and building service equipment are public nuisance and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedures set forth in Chapter 15.18 of the Chula Vista Municipal Code." CVMC Chapter 15.18 is the Abatement of Dangerous Buildings Code. 5. CVMC 15.06.075.B, Notice of Violation, 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 building 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 discontinuation of the illegal action or condition and the abatement of the violation." 6. CVMC 15.06.075.13, Violation Penalties, 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 structure 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 the penalties as prescribed by law." 7. 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. 8. CVMC 5.66.020.A, Commercial Marijuana Activity Prohibited, states: "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 gran any permit, license or other entitlement for the establishment or operation of commercial activity in the City of Chula Vista." 9. CVMC section 5.66.040, Public Nuisance— Penalties, states: "Any use or condition caused or permitted to exist in violation of any of the provisions of this chapter shall be, and is hereby declared, a public nuisance, which may be abated by the City pursuant to the procedures set forth in this code, and be subject to any associated civil or criminal remedies, including but not limited to injunctive relief, except to the extend expressly and validly preempted by state or federal law.,' 10. On August 29, 2018, City issued Appellant a Notice and Order to Vacate for 3149 Main Street, Chula Vista, alleging: impermitted construction and alterations; unsafe building; inadequate egress; potential fire hazard; being maintained as a public nuisance as an unlawful marijuana business; and otherwise dangerous to life. 11. On September 6, 2018, Appellant filed a timely appeal with the Board of Appeals & Advisors, denying the allegations and asking that the Notice and Order to Vacate be reversed. 12. Appellant owns 3149 Main Street, a commercial building that operated as the Chula Vista Firehouse from early 2017 to October 2018, in Chula Vista, California. 13. The Chula Vista Firehouse is an illegal marijuana dispensary engaged in prohibited commercial marijuana activity based on the following evidence: advertising; signage; interior d6cor; marijuana for sale in display cases in an interior portion of the building seen and smelled by staff; undercover purchases of marijuana at the business by Chula Vista Police Department officers; security measures in the building consistent with commercial marijuana sales such as an electromagnetic lock on an interior door and staff allowing only marijuana customers beyond the locked door; and glass display cabinets visible in photos provided by Appellant. Additionally, it operated as an illegal commercial marijuana business at 1445 Third Avenue before moving to 3149 Main Street. Based on the foregoing, on the dates noted in the City's numerous violation notices and the Notice and Order to Vacate, Appellant allowed the operation, performance, participation in and location of an illegal commercial marijuana activity at 3149 Main Street in the City of Chula Vista. 14. Because it operated in violation of CVMC 5.66.020, the building at 3169 Main Street is a public nuisance pursuant to CVMC section 5.66.040, which may be abated as provided by the Chula Vista Municipal Code and state law. 15. Appellant was aware that illegal commercial marijuana activity operated, was performed and was located on his property because Appellant received numerous notices of violation of CVMC 5.66.020 from 2017 to August 2018. 16. Based on staff observation, the building had unpermitted interior walls, doors and electrical work. Justin Gipson, Fire Division Chief/Fire Marshall, testified that the electromagnetic door was inadequate egress, a potential fire hazard and danger to human life because it was installed without the required permit or inspection. Therefore, it could not be demonstrated that the interior door with an electromagnetic lock could be opened during a fire. Thus it had the potential to trap people inside. A Fire Safety Inspection Report concluded that the construction at the building was completed without required permits and that the building was to be returned to its original state by removing the interior walls, door and electrical work. 17. Mr. EI-Khazen testified that by staff could not issue permits for the walls, door and electrical work retroactively, because such permitting was expressly prohibited for illegal marijuana businesses pursuant to CVMC 5.66.020. 18. Appellant did not dispute that 3149 Main operated as illegal commercial marijuana activity in violation of CVMC 5.66.020 or that, as such, it is a public nuisance, in violation of CVMC 5.66.040. According to Mr. Mattis, who said he was hired the day of the hearing to represent Appellant at the hearing, the tenant operated the illegal commercial marijuana activity at Appellant's property and was responsible for unpermitted improvements at the property. Mr. Mania testified that the tenant had moved out recently. Mr. Mania introduced into evidence five (5) color photographs he stated he had taken earlier in the day of the hearing. The photographs showed the interior sales room, which was off the lobby and secured by the door with electromagnetic lock. The sales room was vacant with empty display cases. 19. Appellant, in his written appeal application form, denied that the building was improperly occupied, had inadequate egress, was a potential fire hazard and was dangerous to human life. Appellant alleged that the building was not unsafe as it confirmed to all state and local building code requirements and that a fire inspection had been done that confirmed there were no issues as to the building being a fire hazard, no danger to the public. 20. When questioned about the Appellant's alleged fire inspection, Mr. Mattia stated that he was not involved in filling out the appeal form and could not provide additional information. 21. In light of paragraphs 19 and 20 and the record, Appellant did not provide any evidence to support his denials that the building was improperly occupied, had inadequate egress, was a potential fire hazard and was dangerous to human life. Appellant also did not provide any evidence to support his claim that the building was not unsafe, on the ground it conformed to all state and local building code requirements, or that a fire inspection had been done that concluded there were no issues as to the building being a fire hazard, no danger to the public. 22. Mr. Mattia stated Appellant desired to cooperate with City staff to remedy the violations, such as obtaining permits to demolish the unpermitted tenant improvements and returning the building to the condition it was in before the unpermitted tenant alterations. City staff stated they would assist Appellant in obtaining demolition permits. Based on the foregoing, the Appellant's Appeal is DENIED, and the Notice and Order to Vacate is UPHELD. The appeal fee will be added to the City's costs of abatement/ vacation, which will be billed to Appellant or levied and assessed against the property as a special assessment lien. Pursuant to CVMC section 1.40.020.1-1, unless and until a timely request for judicial review is filed, enforcement of the final decision may proceed in due course. Notice Pursuant to California Code of Civil Procedure Section 1094.6 Notice is hereby provided that Appellant may appeal this decision by filing an appeal in the San Diego Superior Court pursuant to Government Code section 53069.4(b)(1) on or before the 9011 day after this decision is served. This decision is deemed served on the date noted in the attached Certificate of Mailing/Proof of Service. EN Date: Jose Doria Chair Board of Appeals & Advisors Attachments: 1. Exhibits List 2, Certificate of Mailing/Proof of Service Exhibits List 1. City's Hearing Package for Item 3, Appeal of a Notice and Order to Vacate, 3149 Main Street Six (6) color photographs of interior of 3149 Main Street, the sales room behind door secured by an electromagnetic lock, taken on October 8, 2018 by Attorney Steve S. Martin (showing vacant interior, empty display cases) BEFORE THE CITY OF CHULA VISTA In the Matter of: ) Property Matters LLC's Appeal of the Notice ) CERTIFICATE OF MAILING/ and Order to Vacate 3149 Main Street, Chula ) PROOF OF SERVICE Vista, California ) Hearing Officer: Board of Appeals & Advisors Hearing Date: 10-08-2018 Hearing Location: 276 Fourth Avenue, Chula Vista, CA CERTIFICATE OF MAILING/PROOF OF SERVICE I, the undersigned, certify and declare that I am a citizen of the United States, over the age of 18 years, employed in the County of San Diego, State of California, and not a party to the above - entitled cause. On (date) I served by mail a copy of FINDINGS AND DECISION ON THE APPEAL OF A NOTICE AND ORDER TO VACATE, 3149 MAIN STREET, CHULA VISTA, CALIFORNIA, AS AN UNSAFE BUILDING AND A PUBLIC NUISANCE in the above entitled case on the following: Property Matters, LLC c/o Nozad Shaba 608 Sandra Lane EI Cajon, CA 92019 I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. DATED: Rosemarie Rice Secretary, Building Division City of Chula Vista Exhibit 1 Board of Appeals and Advisors Meeting Date: 10-08-18 Subject: Appeal a Notice and Order to Vacate; 3149 Main Sl. Submitted 8y: Lou EI-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. RECOMMEND TA ION: 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 Chain Vista Municipal Code any and all tenant improvements conducted on buildings within the city are subject to the permitting process as well as inspections 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 pemtitted 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 tinder permit 4 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 ("Properly"), 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 arc here" across it. CEO Bruce recognized tine ideo-locator as a logo used on www.weedmaos.com. 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, EI Cajon, CA 92019, The current street address of Property Matters, LLC is 12146 Via Serrano, EI 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 8am. " 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 raveled 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 Warning 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 staled `7149 24 -Hours" and below was a picture of a green ideo-locator with tine 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. 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 idea -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 1'ar 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 comer. 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. ']'here was an employee behind the shelves talking with a few people. 'file door opened and closed fairly quickly, so CEO Bruce was unable to lake 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.weedmaos.com, 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 fm' interior walls to be built inside the building. He also checked the City of Chula Vista's building permit records. Viewing the plans, lie observed there were no permits for interim walls to be built inside the building. Because the interior walls were built without permits CEO Bruce opened Code Enforcement Case C 17-0732 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 C 17-0739 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. S. 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. 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 contimred to have an Eleetronnagnetic locking mechanism. He dialled and mailed (First Class and Certi tied) a 2n° Full Cost Recovery notice and a 2"" 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 4 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 3r° Administrative Citation for $500.00 dollars. 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 Properly on October 21, 2017, confirming there was still commercial Marijuana activity occurring at the properly. 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 2"a Full Cost Recovery notice and a 2i' 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. Ile 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 mid 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 4"' Full Cost Recovery notice and a 4"' 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 5"' 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 hove an Electromagnetic locking mechanism. I -le drafted and mailed (First Class and Certified) a 5ei Full Cost Recovery notice and a 5" 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. I le drafted and mailed (First Class and Certified) a 6ei Administrative Citation for $500.00 dollars as well as a 2" d Fall 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 Tirst Class and Certified) a 7°i 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 8a' Administrative Citation for $500.00 dollars as well as a 4°i 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 911 Administrative Citation for $500,00 dollars as well as a 51h 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 Edgin 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 slid Intent to Record a Notice of Violation to Edgar Omar Rubio, 4356 Delta St, Suite 2016, Sail 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 len (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 turd Order to Vacate and paid the appeal fee. Applicable Codes and Reeulations The following are codes and regulations applicable to this case I. Chula Vista Municipal Code (CVMC) 130 authorizes the City Manager to establish a procedure for the abatement of a nuisance. 2. Pursuant to CVMC 130020, 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. ('VMC' 1506060[13) states: "Occupancy Violations, When a building or suuculic 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 he continued Such person shall dixontinue the use within the time prescrihed by the Building 011icial after receipt oh such notice to make the structure or portion thereofcomply with tltc requirements of this chaplor and the technical codes." 5. CVMC 15.06.060(K) states: "Cooperation of Other Official and Officers. 'Phe 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 he unlawful for any person to erect, construct, alter, extend, repair. move, remove, demolish or occupy any building; suvclme or equipment regulated by this chapter and the technical codes, or cause same to be done, in conflict will or in violation orally of the provisions of this chapter and the technical codes." 8. CVM(' 15.06.075/(3) states: "Notice of Violation. The Building Ofticinl is authorized to scree a notice of violation or order on the person responsible far the erection, eonslruction, 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 or a permit or ccrti Beate issued under tlne provisions of this chapter or the technical codes. Such notice of violation or order shall direct the di Seoul inuance of the illegal action or condition Ind the abatement or 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 thercor or who creels, constructs. alters or repairs a Building or structure in violation of the approved construction doewncnts or direclive of the Building Official, or of a permit or certificate issued under the provisions of this chapter mal the technical codes, shall be subject to penalties as prescribed be law..' 10. C: I 115.06.115(A) Certification of Occupancy slates: "flee or Occupancy. Buildings or su'uenuros Shall not be used ur occupied nor shall it change in the existing occupancy classification of a building or structure or portion thereof he made nail 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 nilawful marijuana business. Attachments: I , 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-t8 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 La Address: 3149 Main St. EI Cajon, CA. 92019 Chula Vista, CA. 91911 APN: 629.060-58-00 "Chula Vista ('ire 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 Pn the following described real property in the Cit' 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 contract cial trial ii4 ana aet'vity 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 or der. 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 mast 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 acidness: 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 eonsulmtion 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 (tearing and notify you of the date and location of the hearing. If the Hearing Examiner denies your appeal, the appeal tee will be added to the cost of the abatement. I f the Hearing Examiner grants your appeal, the appeal fee will be reinibm sed 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 master, you may direct such questions to the City Officer issuing this notice at the address or telephone number listed below. /V CODE ENFORCEMENT DIVISION CIIY OF DEVELOPMENT SERVICES DEPARTMENT CHULAVI5fA 276 FOURTH AVENUE, MS 200, CHULA VISTA, CA 91910 PHONF.NO.- (C19)fi91-s?Rn snsrtan r410s<o<<401 The above violation(s) most 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 Violatiau 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. EI Cajon, CA. 92019 Chula Vista Fire House; 3149 Main St. Chula Vista CA 91911 TS# TS# You are hereby notified of the following violation(s) of Municipal Code Section(s)-.— ection(s):Commercial Commercialmarijuana activity prohibited (5 66 020 CVMC) Description of Violation: Operation of a commercial marijuana disocnsa at t the property. Comments/Corrective Action(s): Abate_ commercial marijuana activity at the Property. This is the fust offense within one year on the same property. The above violation(s) most 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 objection 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/hen 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/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. If the costs are nut paid, the city may seek payment by placing alien 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 Mmricipal 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- EI Cajon First Santa Clara Corporation Page 3 of 3 r� CHULA OF Services REQUEST FOR ADMINISTRATIVE HEARING (APPEAL) You may request a hearing to contest the proposed corrective action on the properly shown below (CVMC 1.40.020). Please till out the information requested below and deliver this form to the Department of Development Services, City of Chola Vista, 276 Fourth Ave., MS -B200, Churn Vista, CA 91910 before 3:45 pill on or before this dale: 10-2-17. "You In List pay a deposit amount of 400 at the time you request a hearing. Appellant hl to; oration (Property Owner or Responsible Party): Name Signamm Date Mailing Address: Daytime Phone: (_) Case Number: C17-0739 APN: 629-060-58-00 Violation Address: 3149 Main St Corrective Actiml(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 dale indicated shall waive your right to appeal and contest the listed action. This form is provided for your convenience to file air appeal. rI fyour appeal is upheld your deposit will be refunded. Ifyour appeal is denied your deposit will be credited toward the amount owed m the city. Additional costs may be assessed far hearing preparation, notification and appearance should your appeal be denied. Failure to pay a debt to the city may result in the placement of it lien on this property. Compliance with Americans wRh Dlsabinties Act The Clay At chide Vista, In COmpllanCe with the Americans with Disahllllles Act (ADA), asks Iralvid✓als aho require epeOal a..Ahh.darlon to access, attend, and/or participate in a City meeting, activity, Or service, to Muest such acmmmodetlon:rt least forty-elght hours in advance for meetings and rive days In advance for scheduled services and activities. Please contact a Code Enforcement 01fice Speclallst at (619) 691-5288. 276 FOURTH AVENUE, MS 8200. CHUTA VISTA. CALIFORNIA 91910 PLEASE TAPE THIS NOTICE WITH YOU WHEN APPLY. > FOR PERIMITS Building and planning permits maybe 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-$621 fornming and sign permit information. FAILURE TO COMPLY WIIU THIS NOTICE OF VIOLATION MAY RESULT IN ANY ONE OR A CO, ATlG, OF THE FOLLOWING ENFORCEMENT ACTIONS, Ifresolvingthevfoladon involves theissuanceof apermit, 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 lo, 2°a, or 3`e citation respectively. Each day that the ,odatton occur or continues is considered a separate offense. Criminal Prosecution: Fines up to a maximum of 51,000 with a possibility of up to 6 violation continues, imprisonmentmonths 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 ofViolati tion inspections if the violation is not corrected within the timeframe identified in the Notice Frill Cost Recovev' Recovery of all City costs associated with investigation, enforcement, and resolution Of 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. tYon-Issuance of Pe its: Any City -issued permits maybe withheld until violation has been corrected. Civil Penalties: Penalties of up to $2,500 per day' with each day being a separate offense. Beal Property Lien: Alien maybe placed against the real property" a means of recovering costs incuredb a code violation. g y 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. 1A1.140 Cost Recovery: Pursuant to Government Code Section 39773, costs and penalties that may be recovered and enforced a,dast 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 ofa 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; 11. Rehtspecabal fees pursuant to CVMC 1.41.060; 1. Costs of monitoring programs necessary for correcting, monitoring, abating or mitigating nuisances and violations; I. 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 puruaot to Government Cade Section 38773.7. (See CVTiC 1.41.160(c). (Ord. 2718 § 3, 1998). 1.41,150 Confarmadml of costs: Following the conclusion ofthe city's remediation, abatement or correcfive actions, the director shall ratify 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 ttse was the subject of abatement or corrective action. Noticeand IOL opportunity to be beard and contest the basis for the assessment of costs or lien sball 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 fuel order of confirmation of costs against the respective responsible parties. (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 ofcostr as follows: 1. Asa personal obligation against a responsible parry; and 2. Either: m As a recorded hen with the priority of a judgment hen 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 canoes. S. The city manager, city attorney or director is authorized to obtain judicial enforcement for the foreclosure of the pen where appropriate. In addition, pursuant to Government Code Section 38773.7, the city manager may seek liable damages for the abatement costs where the coneetive action arose out of or constituted a second Or subsequent civil 01 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 i manes in actorrdmor 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 orassociation 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). U.S. Postal Service'" C TIRED MAIL- RECEIPT m 0 Wic Mail Only M1�F@ C 1e��9.. USE M1 Pwl.gq ry s �, cerIIIIW F¢e U.S. Postal Service -O O fleNm Pecalpl Fee (Entlan.am gequirea( Pgelmtlk Nere U TINED gas4lcletl PolNeryFee RECEIPT � (EnYorsemenlflequl�ea) _ N sa mim Pow N F^F" F I I J5 a �.. �,a a9 a 7� 'roperty Matters LLC r, F� Pwloge s Oaoi- d06 Sandra Ln M1 cerun.a Fee r : al Cajon, CA. 92019 O O flivmen acelp6zo IEnM IHeq 4ea� PasimvX He O ge.'=. De Poe � R., (EMorsement Foqu4ea) N ,vial P..w iqS. Postal s>e, e hula Visa Fire HouseCSTIFIED RECEIPT �. oarwt,s ;3149 Main St. N ro,Poe ox"Chula Vista, C.A. 91911lry GSiate„E .... .D l U S E m :� M1 M1 Posla9e � M1 CON1lea Fee PosVnNM He,e p (Endo semenlgequl � � gezlRletl OelWBry Feo �EnJonemenlgequl�otl� � N "' Property Matters LLC S Marshall Ave. �L427 EI Cajon,CA. 902 Notice and Order to Abate C 17-0739 Page 2 ISSUANCE DATE: September IR 2017 Name Michael Bruce Address 276 Fourth Avenue Chula Vista CA 91910 Title Code Enforcement Officer 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- EI Cajon First Santa Clara Corporation R200rdincd Requested Ey Lawyers Tula WHEN RECORDED MAIL TO: 6 YCthawast 52�0 brain AI,L ...yn, NO 68194 DOC# 2017-0039910 I�I�OI�IVIIo<�I�I�I�I�DI����I���I�IVI�➢ Jan 25, 2017 04:27 PM EmeO71D', AI - SAN DIRECORDS E J. Omnenburg, Jr., EGO COUNTY RECORDER FEES: $42.00 PAGES; 10 DEED OF TRUST THIS DEED an TRUST Is dafatl January 24, 2017, among PROPERTY MATTERS, LLC., a Calffomia limited liability W company, whose address Is 427 S MARSHALL AVE, EL CAJON, CA 92020 ("Trustor"); BANK 02 THE WEST, whose address Is IS CP10m ¢615, 1234 E. Main Street, EI Cajon, CA 92021 (refarted to below sometimes as "Lsndef' and Sometimes as "BeneOctaryj; and Post Santa Clara Corporation, a Cagfomis Corpora2OO, whose address Is 2527 CandrO Ramon, San Ramon, CA 94583 (refarrd to below as irustea'1. h tot0ebeneaeerr..a,.., ------- COM/a/AYCEAYo GRA,4i. rw vduffiIe ConaldeaTorstar hrevavblw . o. Sz_. _ aon, erx,rtsrime ..... I . "Real PrOPady") located In SAN DIEGO CcumysState—ofeasse'o aamoa, oq `" - �r rtgma. g=a, geone�l and almasr Waders, toe AN that certain real prope,',y sllusted In the County of Ban Diego, State of California, described as fellows; That porion of the east half of the wast half of the southwest quarter of the northwest quarter of SecBon 23, Township 18 South, Range 2 West, San Bnt.me hno Base and hferidlan, aovisatng to r of S Plat thereof, dscribad as foIICws: Beginning at the southeast comer of the north 40 feet of the west half of said southwest quarter of the narthwast quadar, Thence slang the south Iine of aid north 40 feet, North 89° 40' 05" West, 304.03 feet to the west line of the land described in dead to Samuel Slipock, It DOC recorded November 15, 1955, in Book 5889, Page 112 of Official Records, being the Tina Point of BeginNsc Thence Yong said wast line, South 0° fee 65" West, 135 feet; Thence South 89° 40' 05" East, 110.00 feet Thence North 0" 19= 55n East 135 feet to saltl south Ilna of the nadir 40 feet; Thence North 69e 40' 05" West, 110 feet to the Trus P -int of Beginning. The shove described land being that certain Parcel C sfgnated 0.341 acres on Record of Survey Map No. 7274, fled In the Office of the County Recorder of San Diego County. The Real ProPedy or Its address i commonly Imd`.vn as $149 MAIN ST, CHULA VISTA, CA 91911. The Assessofs Parcel Number for the Real property is 629-060-58-00. Trocrbpru P'Fee r ad filY T. h L=IL.r (vv mown as Bsne&lary in Oda need of i,aaI) e0 of TrustNs d5ht Ota, ev:d In+arses; N anL tv ap wuh . ad iuIII3r21raa=s yr P.e Rooarp• and so Rerd; ham the PraFMy. TNs h a3sdute asl9nnert of Ranh made m cs-, o0, v4N sn Chl'�aC1. seauy by raj pr me puruxnt iv Ind. pull ado as" n 2935. In edEMCn, Tr�•sMr Corm---nfel Gqa aawhY InL•ra in LLe Perscr,al pacary v;d Re?s. TAS PEEaa OF TRUST, INCLUDING THE Aa61CN:tEtn OF REMS A40 THE 9FCURITy Wanb; fa Lsndr. a UnQol111 nPGTMERrI, IS GIVaJ TO EELU.9E (A) PAY,•dcNT of 111E urrw 'mr_-...� ._ =S} LY THE ke rre eu" ,,...._.... PAYhLYI A'm P[RFGRM1IRNG. Wdrd Nis Da:{ Cr Twst as k y bazna lard shop abictly d N folds GIdCITpatT�Lorandsy; m ap of ,us��rs 0696 90" Led, the dyts POSSESSION ANDDead of Tasq scd tF.e Rale'ed.Dacwasnb. 90 `red by aId-ft g n,vLslonr.OF TH'c PROPaiTY. Trvsta e9hcs 1t�i Trustors Faxssshn aA uee n Ns Property ah:t to Pcssassicn and Uaa. Untl Ne oca:manca of en Evsal of De;aul4 Trustor may (t) rmaln In PCe ester ad cnn'aol of Ne pope,, CODE ENFORCENTENT DIVISION CITY OF DEVELOPMENT' SERVICES DEPARTMENT CHULA VISTA 276 FOURTH AVENUE, MS 200, CHULA VISTA, CA 91910 _.. PHONENO.: (619)691-59Ro PAYTin. NOTICE OF VIOLATION, PENDING ASSESSMENT OF ADMINISTRATIVE CIVIL PENALTIES & INTENT TO RECORD A NOTICE OF VIOLATION :e Date: March 7, 2018 Violation Date• Jan 30 2018 Case Number C 17 07 9 •`ion Address. 1 3149 Main St. Responsible Parties I Edgar Omar Rubio; 4356 Delta St, Suite 2016; San Diego, CA. 92113-4514 Chula Vista Fire House; 3149 Main St. Chula Vista CA 91911 S# I TS# You are hereby notified of the following violation(s) of Munieinal C -a.. Description of Violation: Operation of a commercial marijuana d spensary 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 correctedby 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 2120 18. 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 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 objection 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 refinrd 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 infomn 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 vielatiion(s) to all successors -in -interest in such property. Note: If the appeal is denied, theowner/lender/lien holder will be responsible for fill 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/untit 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. Ton will be responsible for payment of $200 to the City of Chula Vista to have the recordation removed. In addition, the ownerAender/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. 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. ivllchael Bruce Code Enforcement Officer Attachment(s): Request for Hcmvrg Form Enforcement Remedies Chula Vista Municipal Code Chapter 15.66.020 cc: Chula Vista Fire House Page 3 of 3 CHUTAVISTA Development Services D Cotte 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 511 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: 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 signatue Date Mailing Address: Daytime Phone: Case Number: C17-0739 APM 629-060-58-00 Violation Address: 3149 Mahn St, Corrective Action(s) under appeal: Notice of intent to Record Code Enforcement Officer: M. Bruce PhoneNumber: (619)409-3813 Reason(s) for Hearing: Please be specific. You may attach additional numbered pages. Failure to requests 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. *1f 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 Oust Vista, In congilance with Me Americans wltb Disabilities Act (ADA),asks Individuals who require special cco ammodation to access, attend, and/ar 0articieste in a Oty meeting, activity, or seMceto es /orty-¢Ight hours in advance /or meetings and five days in advance /or scheduled sery, tces 2nd requestivR@s. Ploase contact at such accommoGation at lLode east Enforcement Or/ice Saecialist at (619) 691-5280. 276 FOURTH AVENUE, MS 8-200. CHULA VISTA. CALIFORNIA 91910 PLEASE TAFO; THIS NOTICE WITH YOU NVLIEN APPLY_ d FOR PERYIITS Building and planning permits may be applied for at the building counter or planning counter at 276 Fourth Avenue, Chola 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 total motion. FAILURE TO COMPLY WITH THIS NOTICE OF VIOLATION MAY RESULT IN ANYONE ORA COMBINATION OF TILE FOLLOWING ENFORCEMENT ACTIONS. If resolving the violation involves the issuance of permit, an investigative fee shall be assessed to defray the expense of investigation and enforcement. Administrative Citation: Fines of SIOO, $200, or $500 per violation for In, 2"a, or 3`e citation respectively. Each day that the Violation occurs or conZads 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: An order to cease all activity idemifred 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 of Violation, Full Cost Recovery- Recovery of all City casts associated with investigation, enforcement, and resolution Of violation. Notice of Violation Recordation: A Notice of Violation may be recorded against the property with the County Recorder for discovery durine a title search. Recordation and cancellation ofrecordation 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. ean,bo muce of Permits: Any City -issued permits may be withheld until violation has been corrected. Civil Penalties: Penalties of up to $2,500 per day, with each day being a separate offense. Ren] Property Lient: A lien may be placed against the real property m a means of recovering costs incurred by the City as a result of decide 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 33773, costs mid penalties that may be recovered and enforced Against responsible parties under the chapter include, bat 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 ofa nuisance; C. City costs for equipment use or rental; D. Attorney's fees; G. 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 foes pursuant to CVMC 1.41.060; I. Costs ofmonitoring proomms necessary for correcting, monitoring, abating or mitigating anis..... 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; H. Treble damages recoverable pursuant to Govermneat Code Section 38773.7. (Sec CVMC 1.41.160(c). (Ord. 2718 § 3, 1998), 1,41.15OConflrmationofcosts: Following the conclusion of the city's remediation, abatement or corrective actions, the director shall notify the property owner and appropriate responsible Farcies of a proposed assessment of costs against each individually and as a lien or assessment against the real property fiat was the subject ofabotement or corrective action. Notice and au opportunity to be heard and contest the basis for the assessment of costs or lien shall be provided to those parties to accordance with Chapter 1.40 CVMC. Following. any hearing or waiver thereof, the city manager may then issue a final under of Cmdautatlon of costs against the respective responsible parties. (Ord. 2718 § 3, 1993). 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. As a personal obligation against a responsible Perry; mid 2. Either: a. As a recorded lien with the priority of a judgment lien I. the real property records of the county against any real property which was the subject of abatement or corrective action; or b. As air assessment against the property which was subject to abatement or corrective nation, to be collected in the same manner es municipal rates. B. The city manager, city attorney or director is authorized to obtain judicial enforcement for the foreclosure of the lien, where appropriate. In addition, pursuam 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 0,10 -Year period, as provided for in that section. Enactment of this subsection consumers the enactment of an ordinance authorizing the recovery of Keble damages in accordance with Government Code Section 38773,7. (Ord, 2718 § 3, 1998). 6.66.020 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). eslic Mail Only •••,•— ••—__ - FUF Eallmry Ialormetion, visit ourweEsile al www.usps.com^ S CO Fve g01umg0pelpl FOe FOpE°0m (Entl°rsemenl Fequlmd) Hare fl VC OeIIvery F°e O (Endot,oarsamenl flaqulreQ) N N Torvl Chula Vista Fire House L 3149 Main St. o Chula Vista, CA. 91911i ......... [n - o NPvelpe 0 S CBNAetl FeB pg0lum gC[Npffee (Eworsemenl RapJroy PBBImBrN O 1 Nero O IEnCOlneme� flequL¢EI —_ N N Tawl P Edgar Omar Rubi o sr..an: 4356 Delta St, Suito e 2016 t` meoa< San Diego, CA.. 92113-4514-"'-" cNy' SieE U.S. Postal Service" i MAILO RECEIPT fRTIFIED estic mail only n- ,r a e 6 �tt��t� d., R &.A m u.J 1` Y' r r Pgswge s r CeNlletl Fee S PosMerk {CrF Hero OReW IEMCrsem nRCCyull CE)I menl Re � IEM eemeol qBq ketl) N � TvlCl 61 Edgar Omar Rubio r ,a 11 3149 Main St. -......-. Fe�-wu-f?�Chula Vista, CA. 91911 [n - o NPvelpe 0 S CBNAetl FeB pg0lum gC[Npffee (Eworsemenl RapJroy PBBImBrN O 1 Nero O IEnCOlneme� flequL¢EI —_ N N Tawl P Edgar Omar Rubi o sr..an: 4356 Delta St, Suito e 2016 t` meoa< San Diego, CA.. 92113-4514-"'-" cNy' SieE Edgar Color Rabic Case No.: C 17-0739 4356 Delta St, Suite 2016 Address: 3149 Main St. San Diego, C'A. 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 mariiun to 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 file 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 eotnnie n'ial marflurnia 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 cm ployees, private contactor, or other means, and the cost of said abatement may be levied and assessed against the properly 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 die 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, ntay obtain a waiver of the appeal ree. Upon timely reccipt 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 [he abatement. If you have any questions regarding this matter, you may direct such questions to the City Oflioer issuing this notice in the niches or Telephone mm"ber listed below. Notice and Order to Abate C17-0739 Page 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 Recording Requested By Lawyers Title WHEN RECORDED MAIL TO: Beek.M. Wet 52GMaNAve Foga, NO 58124 DOC# 2017-0039910 imiu�iaiuumuuiimmiuuummimiumumumiim Jan 25, 2017 04:27 PM OFFICIAL RECORDS me". Oronenburg, it SAN DIEGO COUNTY RECORDER FEES: $42.00 PAGES: 10 DEED OF TRUST THIS DEED OF TRUST Is dated January 24, 2017, among PROPERTY MATTERS, LLC., a Califomla Ilmryed liability company, whose address is 427 8 MARSHALL AVE, EL CAJON, CA 92020 ("Trustor'); BANK OF THE WEST, whose address is EI Cajon 0615, 1234 E. Main Street B Caton, CA 92021 (referred to below sometimes as "Lender" and sometimes as "Bene clary'); and First Sento Clara Corporation, a CaHlbmla Corporation, whose address Is 2527 Camino Raman, San Ramon, CA 84583 (referred to betas-, as `Trustee'. OOITIVANCEANO GRANT. For rduabla coneldaraflan, Trualor inew,ably am„k, franson. and asslma m r.,.N,. ti �.� .... of sale, kr ma hseenf or 1-1...a o,..x.,__. _„ _....... . . myease. aro pmriis rdatln0 to me sal - "'" °' ° e x+m arcn IT GnOeEan nems): era An ether 69ftie property, mdading waft is "I'De"n aB moria, 08, gas. ged'socal ectl elmsar madaa, (Sh0 "Real Properly") located in SAN DIEGO County, State of California: All that 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 quarter of the northwest quarter of Section 23, Tawnshlp 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 wast half of said southwest quenter arterf the Of northwest quartan Thence along the south line of aid north 40 feat, North 89° 40' OS" NJest, O feet to the west line of the land described In dead to Samuel SHpock, at Ira,, recorded November 15, 1955, in Bock 5889, Page 112 of Official Records, being the True Point of Beginning; Thence along said Weat line, South 0' 19' 55" West 135 feet; Thence South 89° 40' 05" East. 110.00 feet; Thence North 0° 19' S5" East, 135 feet to said south line of the north 40 fact; Thence NorUl 89° 40' 05" West, 110 feet to the True point of Beginning, The above described land being that certain parcel dasignatod 0.341 acres on Record of Survey Map No. 7274, filed In the Office of the County Recorder of San Diego County. The Real Property or its address Is commonly known as 5149MAIN ST, CHULA VISTA, CA 91911. The Assessor's Parcel Number for the Real Props* is 629-080-58.00. Truster paeem;y zalgne to lender (also kw:•m as Benendery In flak. Deed of, Tnot) all of Truelcre d9ht W , and Nkreat m and b all pr�mf and Nei leases or me Proper$ and all Renk Gum me Pmvadv. Thk 1, .n..,s.._ . THIS DEFe OF TRUST, INCLUDING THE Aa$IGNa1SAT OF MWS AND THE SECUBnY INTEREST IN THE RENTS AND PERaoN PROPEFW, 18 GIVEN TO SECURE (A) PAYMENT OF THE Im,nOtt,SB AND (el PERFORMANCE OF AW ANO ALL OadGATlON3 OF EM76 ON UNDER THE NOTE, THE RflJ.TEU DOCUMENT _63 AND THIS pEFO OF TRUST. THIS OEEp OF TRUST IS Gp(EN AND ACCEPTED ON THE FOLLOV'nNG TERtn3; PAttdEM ANO PFRFOR6UNCE. Edr. I ad oro=_n•4se pm'Ided in ins peed of Trust, Tmsto, shag pay W Lender all amoums eazmed h poen of T e4 end me Hetla pocumems.dobeli ahist'y and irefhnely nanrier pe,ram, ail oP Trvsxuts ohp ons ulNar me Nola, Wy POSSESSION AND M�AITuVANCE OF THE PROFERtt, Tme',or sy,eas mal T"niWs POs mkn and use Of me Pmpehj ahaff be governed ION ATD i i,g ,,NCE P..'ke endue., Unhi me occraenee of an Event of petaam Tmator may (1) remain in Pcssesalon ern mnhal aflhe Property elf// CHUROf VISTA Development Services Department Code Enforcement Divisio1 August 29, 2018 Property Matters LLC 12146 Via Serrano EI Cajon, CA 92019 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-b60-58-00, 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 Iranian lite. 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, 1 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 acrd determination of the matter. Sincerely, Eon EI-Khazen, Pf, CBO, CASA Building Official/Code Enfm-cement Manager Development Services Department '11,1 1 l A, I I.Ir, r be l,,Alpn.IA 91„W w„w.dwlevraucl,a.v I In wl 1W 151DI I fav 161914119-5x59 176 Pmmll Aoenua, CM1u la Vj, I, G\ 9191(1 w. m.I6u1"l, uoa.puv 1 O119) 1191-510I I. _taa (619) 4119.9N59 M S+s FIRE SAFETY INSPECTION REPORT 1Type3) Ng=! ofd FIRE PREVENTION DIVISION • 276 Fourth Avenue, Building C, Suite B-143 • Chula Vista, CA 91910 \ / (619) 691-5029 • fax (619) 691-5204 • www.chulavislaca.gov/gotofFirePrevention Business license: NJ_ Building Pemtit No.: NJA ESE Permit No.: N A Cnmplex/Business Name: F(, hae5e, ) Insperlion Date: S /9 Complex/Business Address: 3/grf/Ar1•�nrrl 5'r'. ��•4 ly,s'/r Suite: C/8 Phone: Ajl7 3r15 /inrg Owner/Property Maim5emed,Contppraclor. /YArL O/PMK Phone: Inspection Type: rife4 LI- Email:_ ONOVOLATIONS ❑Update RMS/File CODE ft COMPLIANCE REQUIRED INITIAL DATE �oJ;cl r s n wlO,. tiff I �.1 INS151,Jl emmoz Aer z �1h }er cw - rvVtse, 44 2r1�U sUEN r /t a �C •' 11 l NC % '1>7 1� v(� C"u Inspector Notes: 77 ' 5CIJ'1' k—%'Aspedl N bbl 9017 W6 Zvi/ BOARD OF APPEALS AND ADVISORS CHUUVISTA APPEAL APPLICATION FORM . . Appeal the decision of the: D Fre Marshall D Other_... Application Information Name of Appellant: Property Matters, LLC Phone No, L)971-8527 Home Address: 12146 Via Serrano, EI Cajon, CA 92019 Buslness Address: 12146 Via Serrano, EI Cajon, CA 92019 Project Address: 3149 Main Street, Chula Vista, CA 91911 ProjeclDescription: Appeal from Notice and Order to Abate (Example: New residential or commercial, room addition, Ti, eta) Please use the space below to provide a response to the decision you are appealing. Attach additional sheets, If necessary. 9/6/2018 Date Tna deposit of $563 Is en estimate of staff cost for hearing preparafion. Should staff cost exceed the initial deposit, you will be notiffed to replenish the account. euaphaaa MN Amedaa. Win Claabaas Ad %nrd W Ch to Vtste. 1n caeptance Min tho M.deere vd!h MBMU a Ad V,,), "M hdWaela v who roeqpu90 apedal accainmodavbn b aces. BUM.w panidpala tit a Gy mewing -ditty, ar eaMce, Bo request sumaccammodeVan at Boast fary-eluht apedadvanm fwmeea9oend 5,s aye N advance fw arhedded eeM. end aaUs.,. Please w9 (61 9) 691.5272 x9529. 276 FOURTH AVENUE, CHULA VISTA, CA 91910 1619) 691-5272 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:07-0739 INVOICE#:144980 $ 563.00 ------------------ RECEIPT TOTAL $ 563.00 Payment Data: Pmt§ :1 Payer: PROPERTY MATTERS, LLC METHOD: CN $ 500,00 Ref#: 17-837057263 Payment Data: Pmt# :2 Payer: PROPERTY MATTERS, LLC METHOD: CK $ 63.00 Ref#: 17-837057264 #$###k#*#################$k#####k####### RECEIPT SUMMARY TOTAI. TENDERED $ 563.00 RECEIPT TOTAL $ 563.00 -------------- CHANGE DUE $ 0.00 0:1.0.1436 m 9--l' 400 1 410 5 A t • 4 Aft 4do n slow ■,_, A