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Home My WebLink About14-062 Rejection of ClaimCITY OF i. LASE LSIf101I ,E DREAM EXTREMEn REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT M. YATES, CITY MANAGER DATE: APRIL 8, 2014 SUBJECT: REJECTION OF CLAIM Recommendation It is recommended that the City Council direct the City Clerk to notify claimant Elisa Reyes that her claim submitted to the City Clerk's Department on March 17, 2014, is rejected. Background On March 17, 2014, the City Clerk's Department received a claim for damages entitled NOTICE OF FAULT and NOTICE OF DECLARATION OF COMMERCIAL AFFIDAVIT OF TRUTH from Elisa Reyes, the owner of the property at 522 North Riley Street, Lake Elsinore. Ms. Reyes alleges damages in the amount of $2,550,000.00 because the City's Building and Safety Department and Code Enforcement Division have aggressively enforced the assessment of fees through the abatement hearing proceedings. A copy of the claim is attached. Ms. Reyes' claim was initially referred to the City's carrier, the California Joint Powers Insurance Authority through its claims administrator, Carl Warren & Company. On March 24, 2014, the City Attorney's office was notified by Carl Warren that the Reyes claim was not covered under the City's policy. Accordingly, the City Attorney's office has reviewed the claim in order to advise the City Council. Discussion The subject property has been a code enforcement case since 2011. A special inspection was conducted on November 14, 2011 by the City following a fire from SCE lines and the City determined the property was a Public Nuisance pursuant to provisions set forth in the Lake Elsinore Municipal Code and California Building Code. In addition, Rejection of Claim April 8, 2014 Page 2 Riverside County Fire directed the electric service be pulled for health and safety reasons. The City pursued code compliance with the property owner who failed to correct the code violations. The matter was heard by the Nuisance Abatement Board and the property was determined to be a public nuisance. Ms. Reyes has made minimal attempts address the code violations on her property and appealed this matter to the City Council who on February 28, 2012 directed the property owner to remedy violations and provided an extension of time to comply. The property owner did not comply and was again referred to the Nuisance Abatement Board on January 7, 2014. By letter dated January 9, 2014, the property owner was notified of the Board's findings and provided a list of necessary remedial actions and time frames. On February 4, 2014, the Nuisance Abatement Board reviewed the property owner's progress and declared the property a public nuisance. To date, the violations have not been corrected and enforcement actions are ongoing. The City Attorney's office recommends that the City Council reject the claim tendered by Ms. Reyes and direct the City Clerk to notify Ms. Reyes of the rejection as required under the Tort Claims Act. Following notification of the City's rejection, the claimant has six (6) months to file a lawsuit should she choose to go forward with an action against the City. Fiscal Impact ►R 1i - Prepared by: Virginia Bloom, City Clerk Barbara Leibold, City Attorney Approved by: Grant M Yates, City Manager Attachments: Claim 1 2 3 4 5 6 7 8 9 to 11 12 13 14 is 16 17 18 19 20 21 22 23 24 25 Elisa -F: Reyes - Without Prejudice ,10 j� T C/O 522 North Riley Street p'r 44t w9 ` i t?' J- t3 1 Lake Elsinore, Non- domestic R � , � �t California [zip code exempt (DMM 122.32) „ f" united states of America RECEIVED Not in any federal zone, territory, possession, enclave, etc., and not subject to the jurisdiction of the United States, et al. MAR 17 2014 In Pro Per CITY CLERK'S OF City of Lake Elsinore California Acting as an Inferior Administrative Court County of Riverside Property Abatement Court Case# CB 11 -458 THE CITY OF LAKE ELSINORE This is a National Commercial Filing A SECURITY (15 USC) CALIFORNIA, COUNTY OF RIVERSIDE. cstrrxFXZD MAIL# 7 149'9 '7t� 1?> 2b.�dc1, boG� .3951 O (C(S PlainW THIS IS A U.S. S.E.C. TRACER FLAG V. NOT A POINT OF LAW. Efisa F: Reyes NOTICE OF FAULT Defendant in Error. TO ALL PARTIES HEREIN AND TO THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that Elisa -F: Reyes enters this NOTICE OF Declaration in the form of a Page 1 of 6 NOTICE OF DEFAULT. C 2 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 NOTICE OF FAULT BY DECLARATION OF DEFENDANT This Notice of Fault is based upon the Declaration of the Claimants and the Exhibits attached thereto, dated February 04, 2014, and incorporated herein by reference. City of Yorke Elsinore, County of Riverside, State of California. Verification I, Elisa -F: Reyes, who is more than 21 years of age; who is legally competent and authorized to make this affidavit; that the statements contained in this affidavit are within my personal knowledge, and that the statements contained herein are true and correct and complete in all material fact and not misrepresented. I place myself at personal risk herein for the truthfulness of the statements made herein by holding myself to the penalties of perjury pursuant to the laws of The State of California, the Republic. Declarant states: 1. Comes now F1isa F. Reyes, Defendant, by special visitation and not appearing generally, before this court seeking a remedy in Admiralty as is provided by "The Saving to the Suitors Clause" at USC 28 - 1333(1). I am standing in my unlimited commercial liability as a Sovereign, Natural woman, and request that the CITY OF LAKE ELSINORE do the same, and waive all of their immunities. I respectfully request the indulgence of this court as I am not schooled in law. This is provided by the precedent set by Haines vs. Kerner at 404 U.S. 519. 2. The purpose of this enclosure is to develop legally admissible evidence in affidavit form upon which you may rely in making your determination about any alleged abatement liability. It is based on the personal knowledge of the relevant facts and laws and my own personal legal research and forms the basis for my good -faith believe of non - liability. Absent contradictory evidence of at least equal weight provided by you in the form of an Affidavit under penalty of perjury by a witness Page 2 of 5 NOTICE OF DEFAULT. 10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 25 with a personal knowledge, the facts contained in this Exhibit and the entire letter MAST be the ONLY facts that may be cited or relied upon by you in making any determinations about my status and liability. 3. Pursuant to Federal Rule of Procedure Rule 8(b)(6), every fact or statement in this correspondence that is not denied or rebutted shall be conclusively established as admitted: /// PLEADINGSA?VD MORONS > Rule 8. Rule S General Rules o1 Pleading Id) E„ sect ofFaihrre To Derry. Averments in a pleading to which a responsive pleading is requires( other than those as to the amount of damage, are admitted when not denied in the responsive pleading. Averments in a pleading to which no responsive pleadng is required orpermwed shall be taken as denied or avoided [SOURCE: httO lAvww. law .cornell edulruleslircp'Ru1cH.him! 4. This enclosure will also serve the double function as a list of admissions you have agreed and stipulated to in the event that you do not directly rebut each statement presented in this section. Failure to rebut a particular statement with evidence shall also constitute an estoppel in pais barring any proceeding that controverts the facts established herein: 5. If you fail to respond to this letter or do not address all of the relevant points or continue your vexatious, presumptuous, illegal, and completely unwarranted enforcement actions against me, then you will. be served 3 days after sending this letter with a Notice of Default. The Notice of Default will notify you that you are in legal default and liable for a tort or Commercial Lien if you continue unjustified enforcement actions. You may NOT proceed without addressing these issues, because doing so would be an injury to my rights, would violate due process, and would disrespect the requirement for consent that limits all government actions as indicated in our Declaration of Independence. The evidence submitted under penalty of perjury Page 3 of 6 NOTICE OF DEFAULT. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 below establishes my status to clearly prove that I am nol "liable" or responsible for purchasing a Dangerous Building or responsible for the abatement of my building and to establish the burden of proof that you, as the moving party, are obligated to meet under the Constitution of the United States in order to not violate my rights under the Fourteenth Amendment in this case. Note that this reference is relevant because federal liability is a prerequisite for state liability in every state of the Union at this time: 6. On or about February 04, 2014, Defendant did personally give to the CITY OF ELSINORE Nuisance Abatement Board members one Consensual Commercial Lien Affidavit of Truth. T The CITY OF LAKE ELSINORE Nuisance Abatement Board, Building and Safety were given ten (10) days to rebut the facts as laid out in the Affidavit of Truth, by Affidavit sworn true, correct and complete, on a point- for -point basis. 8. That time having passed, be it now established and Noticed that the CITY OF LAKE ELSINORE have failed to respond to the Defendants' Consensual Commercial Lien / Affidavit of Truth, and are now in default. 9. This is a Notice of Fault to the duty that the CITY OF LAKE ELSINORE have to respond to the Lien. 10. Notice is given that The CITY OF LAKE ELSINORE' Condition of Fault has given rise to "bad faith" on the part of the CITY OF LAKE ELSINORE and the CITY OF LAKE ELSINORE' principals, agents, successors and assigns. 11. This instrument is notice to the CITY OF LAKE ELSINORE that the CITY OF LAKE ELSINORE, and the CITY OF LAKE ELSINORE' principals, have placed themselves in consent and agreement to the facts contained in Claimants' Affidavit of Truth. This Notice of Fault stands as the stipulated ultimate facts to any controversy Page 4 of 6 NOTICE OF DEFAULT, 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 between the Defendant and the CITY OF LAKE ELSINORE, and this condition was accepted by the CITY OF LAKE ELSINORE, and acknowledged by The CITY OF LAKE ELSINORE' failure to respond to the Defendant's Affidavit of Truth, with rebuttals to the Affidavit on a point -by -point basis, by Affidavit sworn true, correct and complete, and this assent sets forth the prima facie facts in the Affidavit of Truth. that the Lien Debtor(s) agree that the Lien Debtor(s) are acting to restrain the Defendant's unalienable Rights /Liberties including but not limited to due process of Law. 12. By operation of Law, The CITY OF LAKE ELSINORE Fault constitutes admission by The CITY OF LAKE ELSINORE through tacit procuration to the statements, claims, and answers to inquiries provided within the Defendants' Affidavit of Truth. Said statements, claims, and answers to inquiries are now deemed STARE DECISIS. The CITY OF LAKE ELSINORE may not argue, controvert, or otherwise protest the administrative findings entered thereby in any subsequent administrative or judicial proceeding. 13. The CITY OF LAKE ELSINORE failure to respond does comprise hisAheir Confession to holding all liability in the aforesaid matter, their stipulation that the Defendants have exhausted her administrative remedy, and their consent to all necessary collection procedures. 14. In the event The CITY OF LAKE ELSINORE' failure to respond is an oversight, or mistake, or otherwise unintentional, Defendant grants Lien Debtor three (3) days, exclusive of the day of receipt, to serve a response to the statements, claims, and inquiries in Defendant's Affidavit of Truth. Page 5 of 6 NOTICE OF DEFAULT. 1 2 3 9 5 6 7 a 9 10 11 12 '� 13 14 15 16 17 10 19 20 21 22 23 21 25 1.5. Failure to cure will constitute, as an operation of Law, the final admission by The CITY OF LAKE ELSINORE through tacit procuration to the statements, claims, and answers to inquiries provided. Said statements, claims, and answers to inquiries shall be deemed STARE DECISIS. CERTIFICATION I affirm under penalty of perjury of the laws of The State of California, the Republic that the above statements are true, correct, complete and not misleading. SIGNED this day of /� , A.D, at The State of California, the Republic. I Notice to the agent. is notice to the principal. Notice to all agents of the State of California and all subdivisions thereof are made by the filing of this document with the County Recorder; I California. Further affiant sayeth not! ALL RIGH'T'S RESERVED, By FL.ISA F.1tE Debtor, Grantor This document prepared by Elisa -F.: Reyes, Defendant non- assumpsit/TDC: c/o 522 North Riley Street, Lake Elsinore, Non - domestic California [zip code exempt (DMM 122.32) united states of America.Not in arty federal zone, territory, possession, enclave, etc., and not subject to the jurisdiction: of the United Stales, et al. Note: One definition of "A SECURITY" is "any evidence of debt." Page 6 of 6 NOTICE OF DEFAULT. State of California County of RIVERSIDE - -- ) OnFEBRUARY 18, 2014 before me, TiFLFN M. C.ALVF7,- FRAUSTO. NOTARY PUBLIC .� (hom insatl name and Gfle of the odmar) personally appeared EI,15A 1 T,OTZ7 l RF, 5----____.._-...._________________-__ ________.----------------- d__ -- who proved to me on the basis of satisfactory evidence to be the person((4 whose name(i1)90 subscribed to the within instrument and acknowledged to me that h6AOW"y executed the same in pi9tDtbcir authorized capacity(199), and that by W er it signature(A) on the instrument the person(e), or the entity upon behalf of which the perso%4 acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct LVE WITNESS my hand and official seal, N Commla ion 0 189M C m Notary Public • Callfarnh z x Rlverelde County Signafur _..._._. M Camm.Fxptreslvta 27,ZOtd' X3' sLfiN M. G LVEZ- PRACJSTo a Mr 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Elisa -F: Reyes - Without Prejudice C/O 522 North Riley Street Lake Elsinore, Non- domestic California [zip code exempt (DMM 122.32) united states of America Not in any federal zone, territory, possession, enclave, etc., and not subject to the jurisdiction of the United States, et al. IIn Pro Per City of Lake Elsinore California Acting as an Inferior Administrative Court County of Riverside Property Abatement Court THE CITY OF LAKE ELSINORE CALIFORNIA, COUNTY OF RIVERSIDE. Plaintill; V. Elisa -F: Reyes Defendant in Error. Case# CB 11 -458 NOTICE OF Declaration in the form OF a COMMERCIAL AFFIDAVIT OF TRUTH; VIOLATION OF CALIFORNIA BUSINESS AND PROFESSIONS CODE SECTIONS 17200 ET SEQ.; UNJUST ENRICHMENT; VIOLATION OF 4T" AMENDMENT CONSTITUTION OF THE UNITED STATES, VIOLATION OF RIGHT TO DUE PROCESS, GROSS NEGLIGENCE TO ALL PARTIES HEREIN AND TO THEIR ATTORNEYS OF RECORD: PLEASE TAKE Page 1 of 16 NOTICE OF DECLARATION. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NOTICE that Elisa F: Reyes enters this NOTICE OF Declaration in the form of a COMMERCIAL AFFIDAVIT OF TRUTH. Verification I, Elisa -F: Reyes, who is more than 21 years of age; who is legally competent and authorized to make this affidavit; that the statements contained in this affidavit are within my personal knowledge, and that the statements contained herein are true and correct Comes now Elisa F. Reyes, Defendant, by special visitation and not appearing generally, before this court seeking a remedy in Admiralty as is provided by "The Saving to the Suitors Clause" at USC 28 - 1333(l). I am standing in my unlimited commercial liability as a Sovereign, Natural woman, and request that the CITY OF LAKE ELSINORE do the same, and waive all of their immunities. I respectfully request the indulgence of this court as I am not schooled in law. This is provided by the precedent set by Raines vs_ Kerner at 404 U.S. 519. The purpose of this enclosure is to develop legally admissible evidence in affidavit form upon which you may rely in making your determination about any alleged abatement liability. It is based on the personal knowledge of the relevant facts and laws and my own personal legal research and forms the basis for my good -faith believe of non - liability. Absent contradictory evidence of at least equal weight provided by you in the form of an Affidavit under penalty of perjury by a witness with a personal knowledge, the facts contained in this Exhibit and the entire letter MUST be the ONLY facts that may be cited or relied upon by you in making any determinations about my status and liability. Page 2 of 16 NOTICE OF DEC TION. 10 21 12 13 19 15 16 17 18 19 20 21 22 23 24 25 Pursuant to Federal Rule of Procedure Rule $(b)(6), every fact or statement in this correspondence that is not denied or rebutted shall be conclusively established as admitted: / //. PLEADINGS AND MOTIONS> Rule & Rule S General Rules ofPleadingld) Effect of Failure To Deny. Averments in a pleading to which a responsive pleading is requirei4 other than those as to the amount of damage, are admitted when not denied in the responsive, pleading. Avermem In apleading to which no responsive pleading is required or permitted shall be taken as denied or avoided [SOURCE: httD:/ Avww.l aw. cornelLedu /rules/trcty'Ru1cH.html This enclosure will also serve the double function as a list of admissions you have agreed and stipulated to in the event that you do not directly rebut each statement presented in this section. Failure to rebut a particular statement with evidence shall also constitute an estoppel in pais barring any proceeding that controverts the facts established herein: If you fail to respond to this letter or do not address all of the relevant points or continue your vexatious, presumptuous, illegal, and completely unwarranted enforcement actions against me, then you will be served 10 days aver sending this letter with a second copy of the signed letter and a Notice of Default cover letter. The second copy of the letter will have an initial next to all the issues you DID NOT rebut or disagree with or provide evidence or an affidavit to support, and a Notice of Default cover letter will notify you that you are in legal default and liable for a tort or Commercial lien if you continue unjustified enforcement actions. You may NOT proceed without addressing these issues, because doing so would be an injury to my rights, would violate due process , and would disrespect the requirement for consent that limits all govemment actions as indicated in our Declaration of Independence. Page 3 of 16 NOTICE OF DECLARATION. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2s The evidence submitted under penalty of perjury below establishes my status to clearly prove that I am nol "liable" or responsible for purchasing a Dangerous Building or responsible for the abatement of my building and to establish the burden of proof that you, as the moving party, are obligated to meet under the Constitution of the United States in order to not violate my rights under the Fourteenth Amendment in this case. Note that this reference is relevant because federal liability is a prerequisite for state liability in every state of the Union at this time: Underling for emphasis This Declaration is made without preiudice: Re: The property abatement of 522 North Riley Street, Assessor Parcel No: 377 - 241 -001. I/lvle/MyselMs/We /Ourselves, Elisa -F: Reyes, the undersigned affiant, a living woman upon the land of California, and not a corporation or legal fiction, etc., declare that I am of majority and competent to state the matters set forth herein with first -hand knowledge of the facts and that they are true, correct, not misleading, and certain, admissible as evidence. 1. This plain statement of Fact being a matter that must be expressed to be resolved. In Commerce truth is sovereign. Truth is best expressed in law in the form of an affidavit. An uncontroverted affidavit stands as truth in commerce and becomes the judgment, can only be challenged by a rebuttal affidavit item for item signed under penalty of perjury, and can only be satisfied by payment, agreement, resolution, or by a trial by jury according to the common law of California. »- 4 of 16 NOTICE OF DECLARATION- 10 11 12 13 14 15 16 17 18 19 20 21 22. 23 2.4 2.5 2. I/Me/Myself/Us/We/Ourselves am presenting this affidavit for truth in commerce and as a Contract for Waiver of Tort. 3. The public record being the highest form of evidence, I am creating a public record by Declaration of said non - liability by recording with the Riverside County Recorder, the California state. 4. On 7th of August 1999 my husband Daniel S. Reyes and I purchased this property in as hs condition. 0Ylh rte' 6,- "ftewnyt:tylit d( °�;gof siirc °ls�,y } "x iiu �eirr tz i' " i � evat V #,�'i.'�# iti9ttli$firt Yt# t:li fa N..1S }�C' "' f i7t6a!#`"T1''Ii I*iE1U?F'EiT° v�Y7i�t�td�i� _.a:#�.c�. � "•:.4 property is in the same condition today as it was purchased in 1999. None of the listed conditions in section 302- Dangerous Buildings of the Uniform Building Code existed or exist in my building located at 522 North Riley Street. Nor does any of the listed conditions in section 3402A.1 Dangerous of the California Building Code existed or exist in my building today. Before purchasing this pro -pert -r it was contingent upon a Property inspection by the CITY OF LAKE ELSINOI2E. The CITY OF LAKE ELSINORE inspected the property and declared the building safe and not a Public Nuisance. The BUILDING & SAFETY /CODE ENFORCEMENT MANAGER ROBIN K. CIUMAN lied and caused my husband and I to purchase a Dangerous Building that is a Public Nuisance on 7th of August 1999 causing a third party. breach of contract, and breaching their fiduchury duty to the public and California consumers. Or BUILDING & SAFETY MANAGER/CODE ENFORCEMENT Robin K. Chipman, & William Belvin is lying now with the sole intent to UNJUSTLY enrich the CITY OF Page 5 of 16 NOTICE OF DECLARATION. 2 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 LAKE ELSINORE, by declaring my building dangerous and a public nuisance. Now by their wrongful actions and omissions the CITY OF LAKE ELSINORE has caused a conflict of interest. The original inspection done by the CITY OF LAKE ELSINORE needs to inspected and presented to see if all the 36 code violations were inspected by the CITY OF LAKE ELSINORE BUILDING & SAFETY /CODE ENFORCEMENT; and who was the inspector who performed the inspection. Also to determine why these 36 code violations were not disclosed to all parties before purchase of said property. All enforcement actions need to cease and desist until all records are Present to make a lawful and or heal determination. By their wrongful acts and omissions, the CITY OF LAKE ELSINORE BUILDING & SAFETY has been unjustly enriched at the expense of Defendant, and thus Defendant has been unjustly deprived and injured. By reason of the foregoing, Defendant seeks restitution from the CITY OF LAKE ELSINORE BUILDING & SAFETY, and an order of this Court disgorging all profits, benefits, and other compensation obtained by the CITY OF LAKE ELSINORE BUILDING & SAFETY from their wrongful conduct. Please see attached copy Exhibit A. 5. Our property was inspected by the CITY OF LAKE ELSINORE BUILDING SAFETY DIVISION on 08/23/1999, by Division Inspector Hansen. He only found three errors with the property. Inspector Hansen said the building was safe, and if an earthquake was to happen my building would remain standing. Please see attached copy Exhibit B. 6. My husband and I obtained a permit from the CITY OF LAKE ELSINORE to make the necessary repairs on 08/30/1999. Building and Safety/ Code Enforcement Manager Page 6 of 16 NOTICE OF DECLARATION. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Robin K, Chipman signed the permit showing that repairs were made on 09/0211999. Please see attached copy Exhibit C. 7. On June 7, 2011 at approximately 3:15 am a CALIFORNIA EDISON electrical line snapped located at the back of my building causing some neatly stacked pallets to catch on fire. The fire was isolated only on the pallets. It did not spread to my building or anywhere on my property. Please see attached Exhibits D. 8. On June 07, 2011 at approximately 08:00 am when my repairman was opening the gate to my property to let EDISON in to repair the broken electrical line; the CITY OF LAKE ELSINORE BUILDING & SAFETY/Division Inspector William Belvin abused his authority; without my consent or warrant entered my property by force and ordered EDISON to stop work and not make the necessary repairs; until owner obtains new electrical panel. At this point in time there had not been an inspection of my building. On June 22, 20111 found on my gate a Notice of Correction to be completed by June 25, 2011. Violating my Constitutional Right to Due Process of Law, and my right to privacy under the color of law. Causing me to be without power in my building from June 07- August 09, 2011. Please see attached Exhibit E. 9. This act was in violation of my Constitutional Right to Due Process of Law, and a violation of the Uniform Building Code (1997 Edition) section 201.3 Right of Entry which clearly states: If such building or premises be occupied, the building official shall first make a reasonable effort to locate the owner or other person having charge or control Page 7 of 16 NOTICE OF DECLARATIM, 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 24 25 of the building or premises and request entry. I£ entry is refused, the building official shall have recourse to the remedies by law to secure entry. It also clearly states that the building official shall present credentials to the occupant before entry. Please see Exhibit F. 10. On July 15, 2011 a letter was sent out to The Gas Company instructing them to remove the meter to my building and to cut off the gas; from the CITY OF LAKE ELSINORE, JOYCE M. TEYLER, Office Specialist H. Due to the CITY OF LAKE ELSINORE declaring my build and property a Public Nuisance, and Dangerous Building. Please see attached Exhibit G. 11. At this time no inspection had been made by the CITY OF LAKE ELSINORE, violating the California Building Code section 3405.2.1 Evaluation for existing buildings, and the Uniform Building Code (1997 Edition) section 401.1, 401.2, and 401.3. Violating my constitutional right to Due Process of Law. VIOLATION OF CALIFORNIA BUSINESS AND PROFESSIONS CODE SECTIONS 17200. Please see attached Exhibit H. 12. On July 15, 2011 a notice was posted on my property stating an inspection of property had been conducted. It is the intention of this Division to condemn and abate the herein described Please see attached Exhibit I. 13. At this time no inspection had been made by the CITY OF LAKE ELSINORE, violating the California Building Code section 3405.2.1 Evaluation for existing buildings, and the Page 8 of 16 NOTICE OF DECLARATION. 1 2 3 4 5 6 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Uniform Building Code (1997 Edition) section 401.1, 401.2, and 401 - 1. Violating my constitutional right to Due Process of Law. VIOLATION OF CALIFORNIA. BUSINESS AND PROFESSIONS CODE SECTIONS 17200. Please see attached Exhibit G. 14. On August 2,201 Ithe CITY OF LAKE ELSINORE, BUILDING & SAFETY /CODE ENFORCEMENT MANAGER, ROBIN K. CBIPMAN; did mail to me a letter of FIRST NOTICE/ NOTICE OF ADMINISTRATIVE PROCEEDING. In this letter he stated that on July 13, 2011 my building was inspected, and it was to the extent that the life, health, property, safety, and/or welfare of the public are endangered. Please see attached Exhibit J. 15. This act was in violation of my Constitutional Right to Due Process of Law, and a violation of the Uniform Building Code (1997 Edition) section 201.3 Right of Entry which clearly states: If such building or premises be occupied, the building official shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and request entry. If entry is refused, the building official shall have recourse to the remedies by law to secure entry. It also clearly states that the building official shall present credentials to the occupant before entry. Please see attached Exhibit F. 16. On September 08, 2011 the CITY OF LAKE ELSINORE, BUILDING & SAFETY /CODE ENFORCEMENT MANAGER, ROBIN K. CHIPMAN did send me a letter of SECOND NOTICE TO ABATE NUISANCE.; ordering me to abate my building Page 9 of 16 NOTICE OF DECLARATION. 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 in 30 days of the previous stated problems in the letter dated August 02, 2011. Please see attached Exhibit K. 17. At this time no inspection had been made by the CITY OF LAKE ELSINORE, the California Building Code section 3405.2.1 Evaluation for existing buildings, and the Uniform Building Code (1997 Edition) section 401.1, 401.2, and 401.3. Violating my constitutional right to Due Process of Law. VIOLATION OF CALIFORNIA BUSINESS AND PROFESSIONS CODE SECTIONS 17200. Please see attached. Exhibit G. 18. No inspection of my building had been done by the CITY OF LAKE ELSINORE, BUILDING & SAFETY or CODE ENFORCEMET until November 14, 2011 by Senior Building Inspector William Belvin. This inspection was not in compliance with the California Building Code section 3405.2.1 which clearly states: The building shall be evaluated by a registered design professional, and the evaluation finding shall be submitted to the code official. The evaluation shall establish whether the damaged building, if repaired to its predamage state, would comply with the provisions of this code. Senior Building Inspector William Belvin did not present to me before this inspection his credentials showing that he has the necessary certification to do the necessary inspection nor did a registered design professional accompany him on the inspection. Senior Building Inspector, William Belvin did not place his findings in writing until December 08, 2011. Please see attached Exhibit L. 19. All the documents claiming that an inspection had been done are falsified documents written with the intent to deceive and defraud, the CITY OF LAKE ELSINORE Page 10 of 16 NOTICE OF DECLARATION_ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NUISANSE ABATEMENT BOARD, and steal my property. On August 02, 2011 while at City Hall; BUILDING & SAFETY /CODE ENFORCEMENT MANAGER ROBIN K. CHIPMAN notified me that I had until August 15, 2011 to demolish my building, or the CITY OF LAKE ELSINORE will do it at my expense; and put a lien on my property by the end of the month. That my property is the gateway for the CITY OF LAKE ELSINORE, and I am in their way. 20. On October 11, 2011 during an Appeal Hearing testimony was heard from the Building Official ROBIN K. CHIPMAN, at no time during this hearing was proof of the inspecti ever presented; nor did the CITY OF LAKE ELSINORE COUNCIL MEBERS, MAYOR, or MAYOR PRO TEM ask for documentation of the inspections that have been falsely claimed to have been done. Nor was there any proof presented that the falsely claimed inspection were done in compliance with the California Building Code, the Uniform Building Code (1497 Edition). The CITY OF LAKE ELSINORE BUILDING & SAFETY /CODE ENFORCEMENT, or FIRE CHIEF had never stepped foot into my building prior to this hearing or on the date of this hearing to conduct an inspections to declare my building dangerous. Please see attached Exhibit M. 21. On May 22, 2012 at 7 :3Ipm during the Public Appeal Hearing the CITY OF LAKE ELSINORE, the board agreed to move forward with plan check process and once the plans are approved, a permit would be issued. I would have six months to have my building inspected. The CITY OF LAKE ELSINORE knowingly and intentionally held my plans and refused to issue me a permit to start repairs for a year. Grossly neglecting to Page 11 of 16 NOTICE OF DECLARATION. 1 2 3 4 5 6 7 B 9 10 11 12 13 �a 15 1c, 17 18 19 20 27, 22 23 24 25 do their jobs in a competent manner. Then without lawful or legal authority proceeded to pursue a warrant, Warrant No_ SSW2013 -0192, from the SUPERIOR COURT OF THE STATE OF CALIFORNIA, FOR THE COUNTY OF RIVERSIDE, RIVERSIDE JUDICIAL DISTRICT. Allegedly signed by Judge Fredrick Paul Dickerson, III on March 14, 2013. Please see attached Exhibit N. 22. On March 19, 2013 I received a letter from the CITY OF LAKE ELSINORE, JOYCE M. TEYLER, OFFICE SPECIALIST III, informing me that this warrant had issued. Knowing that I am not the cause of the worked not being done. The CITY OF LAKE ELSINORE knowing, willingly, intelligently, with malice grossly neglected to have my building inspected pursuant to the California building Code 2010 for Existing buildings. Also pursuant to the UNIFORM BUILDING CODE (1997 Edition) for Right of Entry. With malice declared my building a dangerous building, and a Public Nuisance to depriti me of my Constitutional right to own property. Please see attached Exhibit O. 23. After receiving this notice I requested a copy of this warrant from the CITY OF LAKE ELSINORE in writing and in person. I was denied on all attempts until this January 28, 2014 to see this alleged warrant, I am declaring that the copy given over to me was not a valid e Amendment warrant. There is no affidavit attached signed under of penalty of perjury, there is no printed signature of this alleged judge. The copy of the warrant I received was not and is not in line with both the Federal and State Constitutions. Please see attached Exhibit N. Page 12 of 16 NOTICE OF DECLARATION. 1a 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 24. On January 21, 2014 while at City HaII in the CITY OF LAKE ELSINORE I was forced to sign an agreement. The agreement I signed was done under immediate Duress, threat, fear, and intimidation. If I did not sign the agreement the CITY OF LAKE ELSINORE was not going to grant me a permit to do the necessary repairs, and proceed with putting my property in a receivership. I clearly expressed to the CITY OF LAKE ELSINORE BUILDING & SAFETY MANAGER, WILLIAM BELVIN that I did not agree with those conditions. He did not care and toke the permit back and said if I do not sign it I would not be getting a permit. I have a witness with firsthand knowledge, who also read and recommended that I do not sign the agreement especially under the condition of force. 25. California Business & Professions Code Section 17200, et seq., prohibits acts of unfair competition, which means and includes any "fraudulent business act or practice ..." and conduct which is "likely to deceive" and is "fraudulent' within the meaning of Section 17200. As more fully described above, the CITY OF LAKE ELSINORE BUILDING & SAFETY' acts and practices are likely to deceive, constituting a fraudulent business act or practice. This conduct is ongoing and continues to this date. Specifically, the CITY OF LAKE ELSINORE BUILDING & SAFETY engage in deceptive business practices with respect to building inspections for existing buildings, of commercial properties and related matters. The CITY OF LAKE ELSINORE BUILDING & SAFETY fails to act in good faith as they take fees for services but do not render them competently and in compliance with applicable law. Moreover, the CITY OF LAKE ELSINORE BUILDING & SAFETY engage in a uniform pattern and practice of unfair and overly- Page 13 of 16 NOTICE OF DECLARATION. 10 11 12 13 14 15 16 17 10 19 20 21 22 23 24 25 aggressive enforcement that result in the assessment of unwarranted and unfair fees against California consumers, and premature default often resulting in unfair and illegal abatement hearing proceedings. The scheme implemented by the CITY OF LAKE ELSINORE BUILDING & SAFETY is designed to defraud California consumers and enrich the CITY OF LAKE ELSINORE BUILDING & SAFETY. As a direct and proximate cause of the unlawful, unfair and fraudulent acts and practices of the CITY OF LAKE ELSINORE BUILDING & SAFETY, Defendant and California consumers have suffered and will continue to suffer damages in the form of unfair and unwarranted abatement fees and other improper fees and charges. By reason of the foregoing, the CITY OF LAKE ELSINORE BUILDING & SAFETY have been unjustly enriched and should be required to disgorge their illicit profits and/or make restitution to Defendant and other California consumers who have been harmed, and/or be enjoined from continuing in such practices pursuant to California Business & Professions Code Sections 17203 and 17204. Additionally, Defendant is therefore entitled to injunctive relief and attorney's fees as available under California Business and Professions Code Sec. 17200 and related sections. I/Me/Myself/Us/We /Ourselves, Elisa- F. :Reyes, am not an expert in the law, however, I do know right from wrong. If there is any living man that is being unjustly damaged by any statements herein, helshe will inform Me by facts in the form of a signed and sworn Affidavit. Therefore, I hereby and herein reserve the right to amend and make amendment to the attached Instrument as necessary in order that the truth may be ascertained and proceedings justly determined. If any living soul has information that will controvert and overcome this signed and Page 14 of 16 NOTICE OF DECLARATION. 10 11 12 13 14 15 16 11 18 19 20 21 22 23 24 25 sworn Declaration in this commercial matter, you must advise Me of the facts in the form of a signed and sworn Commercial Affidavit within ten (10) days from recording hereof, proving with particularity by stating all requisite actual evidentiary fact and all requisite actual law, and not merely the ultimate facts of conclusions of law that this affidavit by Declaration is substantially and materially false sufficiently to change materially My or the fictions status and factual declaration. Your silence stands as consent to, and tacit approval of, the factual declarations here being established as fact as a matter of law and this affidavit by Declaration will stand as final judgment in this matter; and for the sum certain herein stated and will be in full force and effect against all parties, due, payable and enforceable by law. The criminal penalties for commercial fraud is determined by jury and by law, the monetary value is set forth by Me for violation of My Private Property and for breach of the law, the contract, the Constitutions, in the amount of the sum certain stated herein of two million five hundred fifty thousand ($ 2,550,000.00) dollars specie of Gold coin or lawful coinage of the united States as defined by Article I, Section 10 of the Constitution of We the People for the united States of America and will be due, payable on the eleventh day, and any day there after as use occurs after filing by Me, in the public records of the county of Riverside, in the California Republican state. Notice to the agent is notice to the principal. Notice to all agents of the State of California and all subdivisions thereof is made by the filing of this document with the County Recorder, California. Further afiiant sayeth not! ALL RIGH'rS RESERVED, Page 15 of 16 NOTICE OF DECLARATION. 1 By: Elisa F. Reyes. Debtor, Grantor 2 This document prepared by Elisa -F,: Reyes 3 4 1 declare under penalty of perjury under the laws of the State of California that the foregoing is 5 true and correct to the best of my knowledge. 6 7 Date: January 04, 2014 8 ! -r 1 10 Elisa F. Reyes 11 12 r a� 13 14 15 r1/ 16 17 18 19 20 21 22 23 24 2.5 26 27 28 Page 16 of 16 Notice of Declaration 1 2 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 By ELISA F. REYES Debtor, Grantor This document prepared by Eiisa -F.: Reyes fiis54rC+N"- ifRS 2 This document prepared by h..sa -F.: Reyes 3 4 I declare under penalty of perjury under the laws of the State of California that the foregoing is 5 true and correct to the best of my knowledge. 6 7 Date: January 04, 2014 8 9�✓�l /� 10 Eiisa F. Reyes 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 16 of 16 Notice of Declaration z:. � sliS a 3 `�. z � 2. � n Y � .t S� �k �i "� , i y� } ,a� �.Ms, `ice.. ;,,ii E. ;�.� ..z -�i "'g: ,� ^3 City of Lake Elsinore PERMIT NO: 99-00001071 jOB ADDRESS . . . , . : 522 N RILEY ST DESCRIPTION OF WORK . : ELECTRICAL OWNER SANCHEZ LOUIS WINGARD PHILIP 24411 REGINA MISSION VIEJO, CA 92691 130 South Main Street DATE: 6/30/99 CONTRACTOR D & S ELECTRIC 15054 EUREKA ST LAKE ELSINORE CA 92530 909--6'78-6433 LIC Exp 0/00/00 A,P,# . . . • • : 377•241-001 9 SQUARE FOOTAGE 0 OCCUPANCY . . . GARAGE SQ FT . 0 CONSTRUCTION FIRE SPRNKLR - VALUATION ZONE . . . . . . NA rl-""TRICAL PERM 7T QTY UNIT CHG ITEM CHARGE BASE FEE 30.00 10,00 x 1.0000 LIGHTING FIXTURES /1ST 20 10.00 1.00 x 16,2500 MISC. WHERE NO OTHER FEE 16.25 1.00 x 5.0000 PROFESSIONAL DEV FEE 5.00 fffE -SUMMARY-- CHARGES PAID DUE PERMIT -FEES ELECTRICAL PERMIT 61.25 .00 61.25 TOTAL 61.25 .00 61.25 SPECIAL NOTES & CONDITIONS MISC ELECTRICAL M-'P"Ek 0 1w PiRy, i'; fw'v'-Fk HTAK D KA.'r w7: 84 14; KU s� .. i'l l", 2S 4 .1 �r CITY OF TAKE ELSINORE DURDINGSAFM DIVISION J Date: NOTICE El Stop Wo*rk D Correct Work -lob Address Permit Number X-L? -AIL zA:D { 7 ,. s� .. t �� ti� < lz L J. f ��,. Se A Ch 5 SECTION I n 09, BEFORE October 15, 1999, the undersigned will hand Stewart e.,of California, Inc., (hereinafter referred to as "Escrow k..._ lh�r" or "you "), the funds and /or documents require as SANCHEZ AND CARMEN D. SANCHEZ AND LUIS D. SANCHEZ, JR. : }.1*13TLIP WINGARD AND PATRICIA S. WINGARD. Seller(s) herein r. "i4j:j :hand you a Grant Deed, conveying the described real urbt?,e to the Buyer as set forth below. DANIEL S. REYES AND 4f . `a,�a ' :F. REYES HUSBAND AND WIFE AS JOINT TENANTS , Buyer (s) exn, will hand you the sum of $30,000.00, of which $1,000.0 `;fieen deposited into escrow and will cause the purchase `s rr1ed to be paid in accordance with the provisions set forth 'ra7:ow: deposited herewith. . . . . . $ 1,000.00 zll hand you prior to close of escrow. . $ 29,000.00 E?xst Deed of Trust to record . . . . . . . _ $115,DOO,UO TC3TAI CONSIDERATION OF. . . . . . . . . . . . $145,000.00 SECTION II you are authorized to obtain beneficiary statements and /or demands on any matter of record or as instructed x •grpw xeqaired Holder is authorized and instructed to Pay all ' ietrtan to place title in the condition called for -.worts ' Xhese. instructions. you are authorized to deliver and /or record'al di3Cliin3its and disburse all funds when you are in a.position._ta. cause to be issued a current form of JOINT PROTECTION Policy of Title Insurance in the amount of the purchase price; and an Policy of Title Insurance, as required, covering the following described property in the city of LAKE ELSINORE, County of RIVERSIDE, State of California: PARCEL 1: THAT PORTION OF LOTS RESUBDIVISION OF ELSINORE, AS PAGE 378 OF MPiPS, RECORDS OF S LYING SOUTHWESTERLY OF THE SOU RAILWAY RIGHT OF WAy. ..I4d BLOCK 85 OF HSALDS );§Y M31P ON FILE IN BOOK 8, 3j.jo50p CotRM, CALIFORNIA, �FLY LINE OF THE SANTA FE GfSTS 24, 25 AND 26 IN.BLOCK 85 5, BY MAP ON FILE IN BOOK 8, .DIEGO COUATTY, CALIFORDIIA, Continued on next page as required, special notary fees, if ai""7°OT IV '� ?w .T Ti, 14 �.d...OW IS CONTINGENT UPON THE Cnn4iniraaA rvn »m.ws ,, >.<�. -. ssc ,w Plumber: 720ti3GFSGE a) Buyer obtaining necessary approval from City of Lake Elsinore for Buyers intended use of the property. seller agrees to assist Buyer in obtaining required documents. 1. First Deed of Trust to record in your your short form, executed by Buyers, which is to secure a note in your form in the Principal amount of $115,000.00, payable to Sellers, or order, at Beneficiary's Designation, bearing interest- at the rate of 8.50% per annum from date of close of escrow; principal and interest payable monthly in installments of $1,226.57, commencing l month from close of escrow and continuing monthly thereafter until 12 years from close of escrow, at which time est shall become any outstanding balance of principal and interh all due and payable, Escrow Holder is authorized to complete the necessary dates on the above described executed note at close of escrow. Note and Deed of -Trust to contain the following provisions on their respective documents" "Payments received later. tl-ian 15 days- after due shall incur a late charge of $60.001, "In the event the property described herein or any portion thereof or any interest therein should be sold or conveyed, the indebtedness evidenced by the Note secured hereby shall become immediately due and payable at the option of the Beneficiary, his heirs and/or assigns." 2. Sellers shall be provided with a tax service contract, type H, for the term of the above described Note. Escrow Holder is to charge Buyer with the cost of said contract, and pay same at the close Of escrow. 3. Seller to provide Buyer with a Natural Hazard Disclosure Report and to pay for same from proceeds, in the event that bill is deposited into escrow. Escrow Holder is not to be Concerned with the contents therein and shall deliver a copy of said report to Buyer upon receipt. 4. Buyer to provide Seller, through escrow, evidence of hazard insurance coverage, :reflecting Sc -llers interest as first mo- rtgagee. Escrow Holder is instructed to pay first year's prem.it.im from funds deposited by Buyer at close of escrow unless Provided with a paid receipt. 5. Buyers are aware that the subject property will be reassessed after the close of escrow, which may result in the issuance of a supplemental tax bill. It will be Buyers sole responsibility to pay said supplemental bill outside of escrow, and Escrow Holder and Seller are relieved from any Liability relative_ to same. 6. Buyers are aware that they are purchasing the property in its present condition, with no warranties expressed or implied by Seller. This is being set forth as a matter of record between Buyer and Seller, and Escrow Holder is not to be further concerned with same, 7. Parties are aware that they have initialed the liquidated damages and arbitration provisions Contract of their original purchase , and said items are hereby incorporated into these Instructions. q'pw3 TNSTRUC`1 I ;Ide �)t� NOt iaMF'i3D C��.T : "Lr Q_Ti _.,� ._ «�? d: > - m � «� : ± «� « + 6 © ° » z ± \ \ % «� y > � » < « « Z \ ± y 2 +� y « � : �� _ : y x : r x v a « \ �. , � \ \ 2 % y° \ - e » « 6 « _. + « . m . > « . . ,: «.m BATFAUON 2 LAKE E LSINORY, FIRE DEPARTMENT NO'nFICA'HON Or MUCRJRU FMB OR SIGMVIC"r INCIDE Ur INCIDENT #RRU051 2 DAM—Ju)ae7,2011 I7ME:03:15 ADDRESS: 1522 N Riley St TYM OF OCCUPANCY: unlulovm. S� ��, CIT OF t ✓ �� ___- -1 xz"� 1r5: ()5 1) 67�T-3314 cxe.296 NOTICE F CORRECTION am Qcvtxc�/ C?c capesxt j��acsc; Wsiaom, CA, 92530 An inspwdm of yaw gcapatq ht acmes dae £o iug vjo&t xrns of dhe Wto Eby Municipak 'E'i&- 15 =d a dopax al bud "co&sso.,, 11Y2 C78C- 5tyao4vrai Piavnad _ %� i4A.2.S CIkC m '1002CBC 7*r�t.7jismtc 80.9 (c) C13C kiaxardnur. Wiring _. — ._..,________ v 0 f0'i.0 fi &fd Ei.nxaPA.utea u�IrrJxartsc,el F.+IrrtpaS�rnC_ .._._... t i� � Y0£s`.L C PC ,rrar Int a �u l.tns rrat t� 1'rtur3 u _ __ __ i' 1061 CBC Building I'exmit }teelrtirtrl: No brrHtiingr StsUCUIM. or stla^ imptovemcm mguluted by tixc Caiilomsa 13niidhgn Codc (CBC) 1;2A hc`crect„d, rent enr., {ed, er'st ry<d a:n-re <3.,' rx haired, nxova d, impterved, et rtmvc3a e(mve-txd or d lrmoleoited tuft sua bnl2 &n >pergraG h�. 6r �t -7seen rbi :incc4, 10 4.Z4 UBC S10-P. MMI DO NOT LI }ry t }i�ITJ WORMNG ON 'FIRS PIiF IM:r I3h7'i`,IL ) dOU (3i3 "I'A.IN HE tIR D PERMITS AI'(XFf Fid1L2 Cot, rc6vt: u R>ns to be cmnplctcti br - i.K�r� � � qj i _ ai' ae 7nx7icxted s6i7, tr. 3 �iiucc u> rorrcra arty qt t6rtac aioCRtiat6withitr ;4,c Uxnx titven could - csult. n a vitaion or Othe lcl,al aetion All cost,- a .aciated with fl,tStr actien xa ly be rcaov a ut 11 Tough vcasnu of ! �x tx 3 $nx fuRhtnutfutntatrurx irtt regwe,( an c�7ensiooi pia tn< cail $re 73urtdm,{ Divkion at (951) 674,112A eat ruron bLrwcez, ds htmrh of _. td y or visit 1r 1,e 7:Irtrnotc City Bail as 130 :o. 'Mal" socr t 7 akc Elsruor'c, CA. 911, 0, R,1nsx tny. cnrou} h aY;as ds . hcnCcwx�i i�i. —_j s nr ._....._. �g a» Y rxcYa 6 ufi�, e ncsriu� e this U(MiCe ixsr._ bs dVxo ed with thnts,umn i�xlxettrr. _`*3�'!� ,--, __.._. ....._ l� P= 1 oe;r,d<uy !l1t� to a`x, 5" + 55 t}�.r �}4 LF 1 !r't i % tom/- .specters: �>n..4 "-- r— ._._.. _._...r_.._.. .._�`y:._� Date I4Aeitronal: k'u:zarsyt�j De&uyy too' a+s,4 Nazi 6„$U),ifi6d Mail rN,-_._ a .�. �.e �.. y.y 2 y � � ^ �.ƒ : « . - � s ƒ2 > .. , > + e- J « 1�\ � ` «�� % � \ \ � \ :.Zw �.«.;...« «�� 1997 ADATEMEW OF DANGEROUS 81J11 -DINGS Chapter 2 ENFORCEMENT SECTION 201 — GENERAL 201.1 Administration. The building official is hereby antho- rized to enforce the provisions of this code. The building official shall have the power to render interpreta- tions of this code and to adopt and enforce rules and supplemental regulations in order to clarify the application of its provisions. Such interpretations, rules and regulations sbal be in conformity with the intent and purpose of this code. 201.2 Inspections. The health officer, the fire marshal and the building official are hereby authorized to make such inspections and take such actions as may be required to enforce the provisions of this code. 201.3 ght of Entry. When it is necessary to make an inspec- on to enforce the provisions of this code, or when the building official or the buiidingogicial's authorized representative has rca- sorsble cause to believe that there exists in a building or upon a premises a condition which is contrary to or in violation of this code which makes the building or premises unsafe, dangerous or hazardous, the building official may enterthebuilding or premises at reasonable times to inspect or to perform the duties imposed by this code, provided that if such building or premises be occupied that credentials be presented to the occupant and entry requested. if such building or premises be unoccupied, the building official shall first make a ressonableeffort to locate the ownerorotherper- sons having charge or control of the building or premises and re- quest entry. If entry is yefused, the building official shall have recourse to the remedies provided by law to secure entry: "Authorized representative" shall include the officers named in Section 201.2 and their authorized inspection personnel. SECTION 202 — ABATEMENT OF DANGEROUS BUILDINGS Ali buildings or portions thereof which are determined after in- spection by the building official to be dangerous as defined in this code are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accord- ance with the procedure specified in Section 401 of this code. SECTION 203— VIOLATIONS It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or struc- ture or cause or permit the same to be done in violation of this code. SECTION 204 — INSPECTION OF WORK All buildings or structures within the scope of this code and all construction or work for which a permit is required shall be sub - jeetto inspectioa by the buildingofficial in accordance with and in the manmerprovided.by this codeand Sections 108 and 1701 of the Building Code. SECTION 205 — BOARD OF APPEALS 205.1 Generaa, in order tohearand decide appeals oforders,de- cisions or determinations made by the building official relative to the application and interpretations of this code, there shall be and is hereby created a board of appeals consisting of members who are qualified by experience and training to pass upon matters per- taining to building construction and who are not employees of the jurisdiction. The building official shall be an ex officio member and shall act as secretary to said board but shall have no vote upon any matter before the board. The board of appeals shall be ap- pointed by the governing body and shall hold office at its pleasure. 11te board shall adopt rules of procedure for conducting its busi- ness and shall render all decisions and findings in writing to the appellant, withadupticate copy to the buildingofficial. Appeatsto the board shall be processed in accordance with the previsions contained in Section 501 of ibis code. Copies of all tides orreguia- fions adopted by the board shall W delivered to the building offi- cial, who shall make them freely accessible to the public. 205.2 l itnitatiow of Autlaarity. The board of appeals shall have no authority relative to interpretation of the administrative provisions of this code norshall the board be empowered to waive requirements of this code. f' ;tr �� '� � 3 �: <, �. �t.t t CHY <tF LAKE LSIf10PQ P - DREAM July 15, 2011 The Gas Company 25620 Jefferson Avenue, SC8094 Murrieta, CA 92562 -9524 Atfn: Rod Re: 522 N. Riley Street, Lake Elsinore, CA 92530 Dear Rod: The above referenced address reveals the buildings are in violation of the City of Lake Elsinore's Municipal Code, Chapter 15.02.010, and Is hereby declared to be a public nuisance. The building is vacant, and we are requesting that the gas service be discontinued. The property is under structure abatement by the City due to conditions at the property that endangers the life, health, safety and welfare of the public thereof and shall be deemed and hereby is declared to be substandard buildings. Your cooperation in this matter is appreciated and will help reduce a hazard to the general public. Sincerely, CITY OF LAKE ELSINORE www.iake- olsinore.org - Joyce M. Teyler Office Specialist It Code Enforcement Division 951.674.3124 130 S. MAIN STREET LAKE ELSINORE. CA 92530 r v C�i S° �gf� `.� i s t � lk� �y � a SECTION 4M —GENERAL 40LI Coro oflexucacdiuga When the building of- ficiat has inspected orcaused to be inspected any buddiagaadhas found and determined that such building is adangerous building, the building official shall commence proceedings to cause the ra- pair, vacation or demolition of the building. 4013 Notice and Ocdee The building off'itaal shall ism aao- tice and orderdirectcdtothe record owneroftbebailding.Tbeno- aide and order shall contnda: 1. Tbesueetaddvmandategpkdesuiptiwtsaliscieatfa k%ll- f lication of the premises upon which the building is located. 2. Astawmentthatthe building td cird has found thebw'4Gag to bedangeroatwith a brief and concise desedptionof tbecximdi- tionsibund to reuderthe building dangerous underthcprovisions of Section 302 of this code. 3. Astatnmcutof the action required tobe taken asdeteanined by the buitdiag official. 3.1 If the building official has determined that the buiWfng orstmdure mustbo mpaired, thcorder"raµtitethat all required permits be. secured thereft and the work physically commenced within such time (not to exceed 60daysframthe date of Ibe order) sort completed with- in such time as the building otiicial shalt detetru'ttto is reasatabte under all of the circumsumor . 3.2 1f the btrUng afficat has debmuiaW float dmbwldbg or>arrrettue mmstbevaca6ad ,tboordarsltaltregtdret&at the building or structure shalt be vxatedwithin a time certain from the dale of the crier as determined by The building o8ic ial to be reasonable. 3.3 If the building official hat detetmlad that the bm7dieg or structure must be demolished, the order shall require that the building be vacated within such time as the building official shalt determine is reasonable (not to exceed 60 days firm the date of the ordar that all r:- quired permits be secured therefor wain 60 days from the date of the order, and that the demolition be mm. pkaad within catch tit>r as the irttildleg offreisl shall tfo- termini is reasonable. 4. StatcmnatsadvWngthatiranymquhedrepairmdemolition work (without vacation also king required) is not commenced within tine limo specitted, oho building otiicial {i) will order the building vet�kxl and postal to prevent fareftar ocarpaney until the work 3s completed, amt (ii)may psaxed rr cat sethr workta be done and charge tl a casts thereof against the pmpntty OX its owtec 5. Statements advising (i) that any person having any record title or legal interest in the building may appeal Onto the notice and order or any action of the Wilding official to the board of ap- posts, provided the appeal is mode in writing as provided in this code and filed with the building official within 30 days from the dare of service of such notice and order, and (n) that Whre to ap- peal will co" bite a wakverof ail right to an administrative bear- ing and determination of the manes 481.3 Service of NeOke and Orden The notice ad order, and any amended or supplemental notice and order shalt be served upon the record owner and posted on the property; and one copy thereof shall be served on each of the following if known to the building official or disclosed from official public records_ the holder of any mortgage or deed of trust or other lien or cncum- bmnce of record; the owner or bolder of any lease of record; and the hoidorof any other estatc orlegal interest of record in or to the buildingar the land on which itis located. The failure ofthe beild- ingofficial to serve any person required herein to be serve d shall not invalidate any proceedings hereunder as to say other person duly served or relieve anysucb person from any duty orobligation imposed by the provisions of this section. 481A Method of Service. Service of the notice and coder shall be made upon all persons entitled thereto either personally or by mailingacopy of such notice and order by owified mail, postage prepaid, return receipt requested, to each such person at their ad- dress as it appears on the last equalized assessment rolt of the county or as known to the building official. If no address of any such person so appears or is known to the building official, then a copy of the notice and ordersha0 be so mailed, addressed to such petson,atthe address of the building involved in the proceedings. TLe failure of any such person to receive such notice shall notaf- feel the validity of any proceedings taken under this seciomServ- ice by certified mail in the manner herein provided shall be effective on the date of mailing. 401.5 lhootafStsvtee. Pmrfafservfce .oftlhetioticeatidoxder shalt be certified to at the time of sarvkce by a written declaration under peunity of pcdtuy executed by the persons effecting serv- ice, declaring the time, date and manner in which service was made. The declaration, together with any receipt card returned in acknowledgment of receipt by emit -red mail shalt be atBued to the copy of the notice and order retained by the building official. If corupl®nce is not had with the order within the time sp=W" therein, and no appeal has been properly and limety filed, the buildkngofficialshall fide intheofficeofthecounty rocraderacet- tiHcate describing the property amt certifying (i) that the building is a dangerous building and (u) that the owner has been so noti- fied. Whenever The corrections ordered "IOAreablerhaveliam completed ar the building demolished so that it no longer exists as a dangerous building on the pmpartydesm'bed In coin ate, the twitting official shall file a new certificate with the county re- corder certifying that the building has been demolished or all >e• quired corrections have been made so that the building is no longer dangerous, wbichover is approprriate. The following standards shalt be followed by the buibling official (and by the board of appeals if an appeal is taken) in ordering the repair, vacation or demolition ofany dangerous be tare: 1. 'Any Luiklingdeclareda dangerous building under this code shall to umde to comply with one of the faltowfng: 1.1 The balding shall be mpairal in accordance with the current building cafe or other current core applicable to the type of substandard comditions inquiring repair, or 12 The building shalt be demolished at the option of the building owner or EXHIBIT I CfTy of �� Bi7II.DING &SAFETY j AKF.ELSII� (951 67 -3124 —° -4- DIUA (951)6743124 aueo+lakedsirmeog BUILDING & SAFETY DIVISION STATEMENT OF INTENT Property Owners: Elise F. Reyes Property Address: 522 N. Riley, Lake Elsinore, CA 92530 Assessor's Parcel No: 377 -241 -001 Description: .25 Acres MIL in For Lots 25 & 26 Btk 85 MB 008/378 SD Heaids An inspection of the above referenced property in Lake Elsinore, California reveals the presence of building(s) in violation of the City of Lake Elsinore Municipal Code, Chapter 15.08.010 and 15.16.010, which have rendered the property to be declared to be a Public Nuisance. It is the intention of this Division to condemn and abate the nuisance as herein described. A preliminary Title /Lot Book Report will be ordered to determine all parties with an interest in the property and the cost therefore shall be assessed against the property owner(s). Fifteen (15) days from receipt of this statement, a First Notice regarding condemnation and abatement shall be issued. Sincerely, CITY OF LAKE ELSINORE wwwdake- elsinore.org Robin Chipman Building & Safety /Code Enforcement Manager Date: July 15, 2011 Case No. CB 11 -458 Certified Mail Number: 7004 1350 0005 6571 5354 CIZYC) F i LAKE LSMOU Elisa F. Reyes 522 N. Riley Street Lake Elsinore, CA 92530 -3796 FIRST NOTICE NOTICE OF ADMINISTRATIVE PROCEEDING Dear Owner /Interested Party, The Tax Rolls lists you as owner(s) or interested parties) of building(s) located at: Property Address: 522 N. Riley Street, Lake Elsinore, CA 92530 Assessor's Parcel No: 377 -241 -001 Legal Description: .25 Acres MIL in Por Lots 25 & 26 Blk 85 MB 008/378 SD In the City of Lake Elsinore, Riverside County, California. In accordance with the Municipal �tIV Code of the City of Lake Elsinore, California and/or the Uniform Building Code (1997 f/ Edition), the Uniform Housing Code (1997 Edition) (hereinafter referred to as the Uniform I ) �I�Housing Code), and the Uniform Code for the Abatement of Dangerous Buildings (199Y ylf +, Gt �t' Edition), you are hereby noted that the buildings you own were inspected on toll 1.3, > 2011, and the following listed conditions exist to an ex ent that the life, ealth, property, �s safety, and/or welfare of the public is endangered. The buildings are hereby declared to be substandard due to the following conditions: ,.,. i �r ➢ Structural Hazard ➢ Nuisance Hazardous Wiring Faulty Weather Protection ➢ Fire Hazard ➢ Hazardous or Unsanitary Premises ➢ Inadequate Maintenance Cr 95 1 .674.3124 I„p.;,l ' 130 S. MAIN STREET ILI UKE ELSINORE.. CA 92530 W WW.LAKE- ELSINORE.ORG You are requested by the Building Official in accordance with the Uniform Housing Code, the Uniform Building Code, and the Code to correct such conditions by repair, renovation, demolition, or removal within thirty (30) days of service of the notice. Occupancy of the property is prohibited until you obtain written approval from the Building Official. If you decide to repair or renovate the structure, you wilt need to obtain one or more Permits for work that is required, such as a building, electrical, plumbing, and/or a mechanical Permit. These Permits are available at the Building and Safety Division, 130 South Main Street, Lake Elsinore, California, 92530. If you decide to demolish the structures, you must obtain a demolition Permit from the Building Official at the above address. You may appeal the determination or requirements made by the Building Official within thirty (30) days after the service of this notice. If such an appeal is properly filed within the thirty (30) day period, compliance with this notice shall not be required pending a Hearing of such appeal by the City Council, unless an emergency (as determined by the Building Official and as defined by the applicable law) exists. Please contact me within the next ten (10) days if: 1. You are not the owner of the property, or 2. You know someone else owns or has a partial interest in this property, or 3. You know that the owner(s) of the property is (are) attempting to sell the property, If any of the above exists, please contact the owners and any interested person(s) to inform them of this notice of condemnation. If you fail to appeal within the thirty (30) day period, my determination and requirements, if any, are final except as to any building that I have ordered removed or altered. Sincerely, CITY OF LAKE ELSINORE www.take-elsinore.org Robin K. Chipman, CBO Building & Safety i Code Enforcement Manager Certificate Number: { Date: August 2, 2011 Appeal attached % �� E.XHIBIT K, CCTY OF LAKE F,SMOR- oxEnr— — MZTRfMz Name of Owners: Elisa F. Reyes ,w 1: � You are listed as owners) or interested party(s) of the structure(s) located at: Property Address: 522 N. Riley Street, Lake Elsinore, CA 92530 Assessor's Parcel No: " 377 - 241 -001 Legal Description: .25 Acres M/L in Por Lots 25 & 26 Blk 85 MB 0081378 SD Heaids In the City of Lake• Elsinore, Riverside County, California, in accordance with the Municipal Code of the City of Lake Elsinore, CA and /or the Uniform Building Code (1997 Edition), the Uniform Housing Code (1997 Edition) (hereinafter referred to as the Minimum Housing Code), and the Uniform Code for the Abatement of Dangerous Buildings (1997 Edition), you are hereby notified as the owner(s) or interested party(s) of the buildings or structures to effect all necessary abatement within thirty (30) days from receipt of this notice or show cause why such building or structures should not be condemned as a nuisance and abated. If you fail to abate within the thirty (30) day period, the City shall have jurisdiction to abate such nuisance. Sincerely, CITY OF LAKE ELSINORE i Robin Chipman Building & Safety /Code Enforcement Manager Date: September 8, 2011 Case No.: CB 11 7458 Certified Mail Number. 7011 0470 0001 8102 9104 EXHI,BIT L CITY OF DREAM December B, 2011 Elisa Reyes 522 Riley St Lake Elsinore Ca. 92530 Subject: Special inspection at 522 Riley, Lake Elsinore Ca. Dear Mrs. Reyes, The following conditions were noted during a special inspection performed on November 14, 2011, by Senior Building Inspector Bill Beivin. This list contains only those items visible at the time of inspection. Additional violations may be discovered when portions of the building are opened up for repairs and further inspections. Reference numerical conditions to Pictures with same number and reference Building lay out with same numbers. 1. Fill open spaces on dead front In Electricat Sub Panel at rear of Building SEC. 406.3-2. 2010 CEC. 2. Per Chapter 11B of the CBC The Bathrooms do not meet the requirements for A.D.A Bathrooms and Pa6ft lot w#1 need to be brought up to current ADA standards per Chapter 11B of the 2010 CSC. 3. over span of Roof Ratters at Bathrooms and Warehouse .2308.10.3, 2010 CBC 4. Roof framing is inadequate, framing members over spanned throughout Warehouse 2308.10.3, 2010 CBC. 5. Romex at Electrical Sub Panel not approved for Commercial application. Article 334. 10, 2011 CEC 6r open spaces at Electrical Sub Panel in the Warehouse area. 408.3.2 2011 CEC 0, Water intrusion at several locations due to poor Roof Membrane. SEC 302, 1997 Uniform Code forth Abahaawnt of Dar is Buy ildings a. Ateed positive Post to Beam connections at open Warehouse, 2304.10.2, 2091 CBC M Daylight at Roof and Demising Wafi area, due to inadequate weather protection. SEC. 302, 1997 Uniform Code for the Abatement of dangerous Buildings J 951.674.3124 130 5- MAIN STREET LAKE ELSINORE. CA 92,530 ww W. LA KE- EiS I N ORGG RG 10. Electrical outlet loose at wall in Warehouse. Article 314.23, 1010 GEC 11. Overhead Lights need to be hard wired not plug in type Warehouse throughout .Article 410.24A, 2010 CEC 12. Block at Ridge line needs to be repaired. 2308.10 & 2308.10.1, 2010 CBC 13. No insulation throughout Building needs to meet Co. Title 24 Energy Code requirements. & Sec. 719, 2010 CBC 14. Metal Roof needs to meet Ca. Me 24. Energy Code & Sec. 219 , 2010 CBC 15 Framing at opening sub - standard, needs to be refrained in Warehouse area Sec. 2308.5, 2010 CBC. 16 Support Electrical Conduit Warehouse area .Article 410.36, 2010 CEC 17. Romex not allowed in a commercial application by Roll up door. Article 334.10, 2010 CEC ( DWiirped and rotted wood hom water infusion Exterior Walls throughout Warehouse. Sec. 302, , =Uniform Code for the, b tea_ meet ofDangerous Buildings 19. racked concrete floor Warehouse area Sec. 302, 1997 Unifarm Code for the Abates of Derous Buildi 20. Drywall hanging not installed properly at Warehouse area. Sec. 2504, 2010 CBC 21. Romex not allowed in a commercial application of switch middle of warehouse. Article 334.10, 2010 CEC 22. Framing at opening supporting Drywall not framed properly middle of Warehouse. Sec 2308.9, 2010 CBC 23. Framing at exterior walls needs to be 16" on center not 48" on center. Sec. 2308.5, 2010 CBG (0 seam sags at opening at middle of Warehouse. Sec. 2308.9, 2010 CBC &, 19,97 Unifomm Code for the Apgtq=0 of Dangerous Buildings, Sec. 302 25. Steel I Beam added to back side of sagging Beam needs Post to Beam connection. 2308.5, 2010 CBC 26. No positive connection at framing for opening middle of Warehouse. Sec. 2304.10.2, 2010 CBC OA 27 eilirrg in Ctgce area deflecting. Sea 302, 18997 Uniform code for the Abatement of Dangerous Buildings 28. Window at end of building eliminated need to verify glazing requirements. Chapter 24, 2010 CBC 29. Door at and of Bur7ding eliminated need to verify exiting and path of travel. Chapter 10 , 2010 CBC (T3,Eaves Rotted and roof Swayed at Back and Front of Office. Sec. 302, 1997 Uniform Coda for the A6at of pangerous Buildings Carport missing roof and wood rotted. Sec. 302, 1997 Uniform Code for the Abatement of qgaVrpus Buildfn s' i)3torags at back of building Dilapidated. Sec 302, 1997 Uniform Code for the Abatement of Da ero s Buildings. 33 d in Storage Room. Sec. 302, X Un#brm Code for the Abatement of Dangerous Bit (ND Roof over span of 2x4 Rafters Storage and Patio. Sec230810.3, 2010 CBC, & Sec 302, 1997 Uniform Code for the Abatement of Dangerous Buildings r ;oof Membrane and sheathing missing at Patio. Sec. 302, lsgr Unfform Code for the 6Wqment of Dangerous Burp toles in F)derlor wall at Bath. Sec.302 1997 Uniform Code for the Abatement of Da o=Bulidi 37. Missing Panel at Electrical Switch gear. Amide 110.27A, 2010 CEC 38. CBC- 2010 California Building Code 39. CEC- 2010 California Electrical Code 40. CMG 2010 California Mechanical Code SUMMARY.: 3 There are cracks at the tight side of the front of the Building that wilt need to be addressed. Bathrooms and Parking lot will have to be brought up to the ADA standards per Chapter 118 of the 2090 Ca, Building Code. All Framing Roof Framing will have to be brought up to chapter 23 of the 2090 Ca. Building Code. All Electrical will have to be brought up to current 2010 Ca. Electrical Code and Ca. TWO 24 Energy Code Standards. The whole Building will have to be brought up to Ca. Title 24 Energy Code standards. This Building will require heat per the 2090 CMC and Ca. Trite 24 Energy Code Standards. This Building will require Fire Spriniders. 2 Sets of Engineered Plans will have to be submitted to the Building Division and 1 set of Engineered Plans to the Riverside County Fins Department. As part of the rehabilitation process you will have to submit plans for plan check These plans will be reviewed by the CiVs Planning and Building Divisions for compliance with all applicable codes. Submit two (3) full sets of required plans to scale on minimum size paper (18° x 24'), include energy and structural calculations as necessary. Please check with the Planning Division for requirements such as standard parking, landscape, fencing, set backs, and other zoning issues. This list is not an authorization to start work. No work on this property is to be done without obtaining prior approval and permits from the City of Lake Elsinore Building Division. This property has been placed in the Structure Abatement Program and this process will continue until plans are submitted for rehabilttaton or fire property emo fished. Sincerely CiTY OF LAKE ELSINORE www.lak&Wskx)m.org Bill Belvin, Senior Building Inspector EXHIBIT M MINUTES CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET. LAKE ELSINORE, CALIFORNIA TUESDAY, OCTOBER 11, 2011 ......................... .............................................. .......................... -- ........ CALL TO ORDER Mayor Tisdale called the City Council Meeting to order at 7:00 p.m. ROLL CALL PRESENT: Mayor Tisdale Mayor Pro Tern Magee Council Member Hickman Council Member Melendez Council Member Weber ABSENT: None Also present: City Manager Brady, City Attorney Leibold, Director of Administrative Services Riley, Public Works Director /City Engineer Seumalo, Building & Safety Official Chipman, Planning Consultant Coury, Police Chief Fontheau, Fire Chief Lawson, and City Clerk Bloom. PLEDGE OF ALLEGIANCE Pete Dawson led the pledge of allegiance. CITY COUNCIL CLOSED SESSION None. None. PUBLIC COMMENTS — NOWAGENDIZED ITEMS —1 MINUTE Bob Mainwaring spoke on behalf of the Lake Elsinore Citizens Corp regarding the 2 "a Annual Shake -Out Expo to be held on Saturday, October 15th from noon to 5:00 p.m. at the Lakepoint Park. Special City Council Minutes MaeBng of October 11, 2011 Page 3 of 10 (6) Purchase Order Adjustnjentfcr Contract Mine Compliance Firm _EnviroMine Recommendation: It is recommended the City Council: (a) Approve the purchase order in the amount of $40,000; (b) Authorize staff to process the purchase order. Council Member Melendez requested Consent Item No. 2 pulled for discussion. Mayor Tisdale requested Consent Item No. 6 pulled for discussion. It was moved by Council Member Melendez and seconded by Mayor Pro Tern Magee to approve Consent Calendar Items 1 and 3 through 6; motion passed unanimously with Council Member Hickman abstaining from Item No. 1. CONSENT CALEDiDAR ITEM (S) PULLED FOR DISCUSSION (2) Warrant List dated September 29, 2011 Council Member Melendez and Council Member Hickman questioned various items on the warrant list and staff provided responses thereto. It was moved by Council Member Melendez and seconded by Mayor Pro Tern Magee to approve Consent Item No. 2; motion passed unanimously. (6) Purchase Order Adiustment for Contract Mine Compliance Firm — EnviroMine Recommendation: It is recommended the City Council: (c) Approve the purchase order in the amount of $40,000; (d) Authorize staff to process the purchase order. Mayor Tisdale asked for an explanation of the work. Public Works Director Seumalo stated that he met with the State Mining Board to demonstrate that the City's Mining Program was fit for the City to maintain Lead Agency status. He stated that EnviroMine increased their mining inspections and investigated several items that the Mining Board and the Office of Mining and Reclamation requested. Mayor Tisdale asked when is the City scheduled to have its six month checkup from the State Mining Board? Director Seumalo stated that the evaluation will be held on November 10'", 2011. Mayor Tisdale asked if the City has met all the requirements? Director Seumalo stated that the City continues to prove that they have demonstrated the abilities to be the lead agency. It was moved by Mayor Tisdale and seconded by Council Member Melendez to approve staff's recommendation; motion passed unanimously. Special City Council Minutes Meeting of October 11, 2011 Page 5 of 10 Official Chipman stated that the applicant is a seamstress and there were several sewing machines set up in the building. Council Member Melendez asked the Fire Chief Lawson if they have had the opportunity to assess the damage. Fire Chief Lawson stated the property is not habitable in the current condition. Council Member Melendez asked the applicant if she currently lives at the property and has made any repairs. Ms. Reyes stated that she doesn't live on the premises; however owns and operates a small business inside the structure. She stated the front of the building is repaired but not the rear of the building. Council Member Melendez stated that she takes issue with the safety conditions and appearances of the building. Council Member Weber noted that the building is 8,000 square feet and asked the applicant if she is the only person working in the building. Ms. Reyes answered that the building is a warehouse_ Mayor Tisdale asked Ms. Reyes if she obtained a business license when the business first opened in 1999. Ms. Reyes stated yes, however let the business license expired in 2003 due to lack of business. A substitute motion was made by Council Member Melendez and seconded by Mayor Tisdale to deny the appeal. Motion failed due to 2 -3 vote with Council Member Hickman, Mayor Pro Tam Magee and Council Member Weber voting No. It was moved by Mayor Pro Tam Magee, seconded by Council Member Hickman to continue the matter for 120 days, whereas the applicant must bring the structure in compliance with the current Building Code Standards, secure a Certificate of Occupancy, secure a Business License and work with City Staff on an itemized list of corrections and an agreeable timetable. Motion passed 3-2 with Council Member Melendez and Mayor Tisdale voting No. Council Member Hickman suggested that the Neighborhood Enhancement Team (NET) program to be reinstated which would help clean up the community. (8) Amendment to CaIPERS Contract for Different Level of Benefits Recommendation: It is recommended that the City Council: (a) Adopt Resolution No. 2011.059 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DECLARING ITS INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE (b) Approve the Board of Administration of the California Public Employees' Retirement System (CALPERS) documents: Special City Council Minutes Meeting of October 11, 2011 Page 7 of 10 (10) Recommendation: it is recommended to the City Council Adopt Resolution No. 2011 -058 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING RESIDENTIAL DESIGN REVIEW NO. 2011 -05 BY RICHMOND AMERICAN HOMES AT ROSETTA CANYON, TRACTS 25476,-77,-78,-79 AND 32503 Planning Consultant Coury provided an overview of the project to Council, Sondra Harris of Richmond American Homes presented the project to the Council. Mayor Pro Tern Magee requested clarification on Condition No. 28, Planning Consultant Coury stated that the Planning Commission recently reviewed two residential projects and felt that construction on Saturdays would assist with completion of the project as long as the construction was limited. Council Member Melendez indicated that she was pleased with the product and appreciates that the developer held public outreach meetings. Ms. Harris stated that the construction would be limited and not allow large truck deliveries or construction before 8:00 a.m. Mayor Tisdale noted the increase of square footage of the homes. Ms. Harris stated initial projects were smaller yet were based on the buyers demand. She stated Richmond American Homes developed plans that were based on the recent feedback of the homeowners resulting in larger houses. It was moved by Council Member Melendez and seconded by Mayor Pro Tern Magee to adopt Resolution No. 2011 -058 approving Residential Design Review No. 2011 -05; motion passed unanimously. (11) Recommendation: It is recommended that the City Council: (a) Discuss the necessity of continuing to hold standing Study Sessions for agenda review purposes; and (b) Discuss the possible cancellation of the regular City Council meetings of November 22, and December 27, 2011. City Manager Brady provided an overview to the Council_ Special City Council Minutes Meeting of October 11, 2011 Page 9 of 10 Free City Wide Clean -Up Saturday, October 15 from 6:30 a.m. —12:30 p.m. Diamond Stadium Can Castles for H.O.P.E Saturday, October 15 from 10:00 a.m. — 3:00 p-m. Elsinore First Assembly Church Eighth Annual Career Expo Monday, October 17 from 8:00 a.m. —12:30 p.m Lakeside High School Student of the Month Tuesday, October 18 from 12:00 p.m. — 2:00 P.M. Sizzler Restaurant Heroes in Education Awards & Dr. Passarelia's Report to the Community Thursday, October 20 from 6:00 p.m. — 8:00 p.m. The Lancer Roundtable Cafe Lakeside High School Grand Opening of the Elsinore Woman's Club Rose Garden Saturday, October 22 at 9:00 a.m. . Elsinore Woman's Club CITY ATTORNEY COMMENTS There were none. COMMITTEE REPORTS There were none. CITY COUNCIL COMMENTS Council Member Hickman commented on the following: He spoke of the upcoming clean up and asked if city residents could use their Driver's License for proof of residency. Council Member Weber commented on the following: ® He spoke of the upcoming city wide cleanup and how the event is well organized. EXHIBIT Barbara 2eid Leibold (State Bar No. 132077) Exempt from filing Leibold McClendon & Mann, P. C. fee, pursuant to Government Code §6103 23422 Mill Creek Drive, Suite. 105 Laguna Hills, CA 92653 Telephone: (949) 457 -6300 Attorney for the City of Lake Elsinore , i SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF RIVERSIDE, RIVERSIDE JUDICIAL DISTRICT IN THE MATTER OF THE APPLICATION OF THE CITY OF j WARRANT 'NO, :5 -t'�W LAKE ELSINORE TO ABATE I A:PUBLIC NUISANCE AT 522 N. RILEY,:) ABATEMENT WARRANT LAKE ELSINORE, CALIFORNIA ASSESSORS PARCEL NO. 377 -241 -001 COUNTY OF RIVERSIDE, STATE OF CALIFORNIA The people of the State of California to any Code Enforcement Officer of the City of Lake Elsinore, California. Proof, by affidavit, was made this day before me by Officer Ruben Hernandez that there is just and probable cause for believing that there are conditions in and upon the property located at 522 North Riley, Lake Elsinore, California further identified as Assessor's Parcel No. 377 - 241-001, which constitute violations of Sections 15.08 Abatement of Dangerous Buildings of the City of Lake Elsinore Municipal Code. The property is owned by Elisa F. Reyes. MINUTES CITY COUNCIL and SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE REGULAR MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA ...... ............................... TUESDAY. MAY 22, 2012....... ............................... CALL TO ORDER Mayor Pro Tem Hickman called the City Council Meeting to order at 7:00 p.m. ROLL CALL PRESENT: Mayor Pro Tem Hickman Council Member Magee Council Member Melendez Council Member Weber ABSENT: Mayor Tisdale Also present: City Attorney Leibold, Interim City Manager Evans, City Clerk Bloom, Director of Administrative Services Riley, Public Works Director Seumalo, Police Chief Fontneau, Fire Chief Lawson, Director of Lake, Parks and Recreation Kilroy, and Acting Community Development Director Morelion. CLOSED SESSION None PLEDGE OF ALLEGIANCE Rocco Melendez led the pledge of allegiance. Mayor Pro Tem Hickman announced that Agenda Item No. (6) Transplant Canary Island Palms at Risk of Being Topped by Utility Company was being continued off calendar and would not be discussed at the meeting. PRESENTATIONS i CEREMONIALS Proclamation Declaring May as Perinatal Depression Month Certificate of Recognition to the 2011 Elsinore Queens Certificate of Appreciation to the Mormon Church Regular Cary Council Minutes Meeting of May 22, 2012 Page 3 of 9 (3) Investment Report for Month Ending March 2012 Recommendation: Receive and file report. Council Member Melendez requested Item 2 to be pulled from the Consent Calendar. Council Member Weber requested Item 3 to be pulled from the Consent Calendar. It was moved by Council Member Magee and seconded by Council Member Weber to approve Consent Item No. 1; motion passed unanimously. CONSENT ITEMS PULLED (2) Warrant List dated May 15.2012 Recommendation: Receive and File Warrant List dated May 15, 2012. Council Member Melendez questioned various items on the warrant list and staff provided responses thereto. It was moved by Council Member Melendez and seconded by Council Member Weber to receive and file the Warrant List dated May 15, 2012. (3) Investment Report for Month Endinn March 2012 Recommendation: Receive and file report. Council Member Weber commented on the Investment Report and thanked staff for the report. It was moved by Council Member Weber and seconded by Council Member Melendez to receive and file the Investment Report dated March 2012; the motion passed unanimously. PUBLIC HEARING{SI None. APPEAL(S) (q) Appeal of Structure Abatement Action on 522 North Bj1ey Street Recommendation: it is recommended that the City Council uphold the appeal and suspend abatement proceedings to allow retrofit of the building as outlined in the attached Code Compliance Plan. Director Morelion provided an overview to the Council. Regular City Council Minutes Meeting of May 22, 2012 Page 5 of 9 Melendez indicated that the City approved a previous promotional packet with little returns and wondered if this was the right program for the City. Council Member Magee pointed out that Mr. Kovach does an exceptional job and stated that he would be willing to try his services again. He suggested making two changes to the Professional Services Agreement, the first to be the number of copies of the film. suggesting that numerous copies be provided to the Chamber of Commerce and City Hall, and the second change to be the word "may' to "witP do a live remote on Saturday, June 30th Mayor Pro Tem Hickman asked when the commercial would be completed. Director Kilroy stated that he is hopeful that the commercial would be aired by the opening of the City's new campground facility. He stated that the program would be aired six times for one year and that the Ronnie Kovach Radio Show would be on- going. It was moved by Council Member Magee and seconded by Council Member Weber to approve the funding appropriation in the amount of $16,000 from unallocated general fund revenues for recreation & tourism promotion, and authorize the City Manager to execute a Professional Services Agreement with Ronnie Kovach's Outdoor Enterprises, Inc., subject to the minor modifications by the City Attorney; the motion passed 3 -1 -1 with Council Member Melendez opposing and Mayor Tisdale absent. (6) TaanMlant Canary Island Palms at Risk of Beinc Topped by Utiliiy Company Recommendation: It is recommended that the City Council approve an expenditure of $37,600 to transplant 27 Canary Island Palms by West Coast Arbodst and authorize the Interim City Manager to execute a purchase requisition. Continued off calendar; matter not discussed. (7) Recommendation: It is recommended that the City Council: a) Award Job Task #1 for the Purchase & Installation of Vinyl Fencing for Shoreline Safety to the lowest responsive bidder and authorize the Interim City Manager to execute a purchase requisition. b) Approve expending funds from the unallocated General Fund revenue for the installation of frontage and entryway fencing, as well as lighting and landscape improvements in an amount not to exceed of $105,000. c) Award Job Task #2 for the Purchase & Installation of Vinyl Fencing to the lowest responsive bidder and authorize the Interim City Manger to execute a purchase requisition. Director Kilroy presented report to the Council. Regular City Council Minutes Meeting or May 22. 2012 Page 7 of 9 Council Member Melendez asked Director Kilroy if he knows of any accidents on the Lake with jet skies. Director Kilroy answered no. Council Member Melendez stated that Council Member Magee's proposal of using a sliding scale is a fair compromise. Council Member Magee pointed out that his proposed sliding scale would be for resident- businesses Commercial Passes only. Mayor Pro Tem Hickman asked how many Commercial Lake Passes have been sold. Director Kilroy estimated 15 - 20 Commercial Lake Passes have been sold. Mayor Pro Tem Hickman suggested eliminating the Commercial Pass and setting the non- residential passes at $225 so that no changes would be required. Director Kilroy stated that staff believes that the existing fees are fair; however he would take direction from the Council. It was moved by Council Member Melendez and seconded by Council Member Magee to adopt the proposed sliding scale for resident - businesses Commercial Passes; motion passed 3 -1 -1 with Council Member Weber opposing and Mayor Tisdale absent, jSuccessorAgency minutes on next page] Regular City Council Minutes Meeting of May 22, 2012 Page 9 of 9 He noted that the Public Works Department would be awarded grant funds in the amount of $84,000 for sidewalks on Heald and applauded their efforts. He spoke of a new business in town known as Diamond Dental which is located in the Von's shopping center. Mayor Pro Tern Hickman commented on the following: • He thanked the public that assisted him when his vehicle broke down. • He thanked Chris Jones and the Storm Stadium for their donation of tickets to the autistic children. • He spoke of the upcoming Memorial Day Event and advised the community that there would be a shuttle service at the Home Depot Center on Collier Avenue. • He thanked Lowes Home Improvement Center for donating the flowers to the Senior Center. • He reminded the public that the school year will be ending this week and to be safe and watchful of children. Council Member Meiendez commented on the following: She reminded the community of the upcoming Memorial Day Ceremony to take place at the Lake Elsinore Cemetery at 10:00 a.m. on Monday, May 28, 2012. She thanked the Police and Fire Departments for their services. ADJOURNMENT Mayor Pro Tern Hickman adjourned the meeting at 8:22 p.m. to a regular meeting to be held on Tuesday, June 12, 2012 in the Cultural Center located at 183 N. Main Street, Lake Elsinore, CA. I -- - -- r- Bnan 4sdal ., M`ayor City of Lake Elsinore Virginia oo MC, City Clerk City of Lake Elsi re ^ a TO DREAM EXOUN, March 19, 2093 Elisa F. Reyes 31504 Sagecrest Drive Lake Elsinore, CA 92532 NOTICE IS HEREBY GIVEN to you as the owner of the property located at 522 N. Riley, Lake Elsinore; (APN: 377 -241- 001), Riverside County, California that on the 14th day of March 201'3; 3udge Fredrick Paul Dickerson, III of the Superior Court, County of Riverside,:-issued an Abatement Warrant for violations of Section 15.08 Abatement of.Dangernus 13uiidings This Warrant was requested because of the continued violations on the property., Access to the Premises is sought for the purpose of removing the substandard structure. You are not required to be Present during this abatement process, but you have the rigfit to be Present. Refusal to permit this abatement is punishable by law as a misdemeanor pursuant to - Section 1822.57 of the Code of Civil Procedure. By:.- Jo e M. Teyler, Office S -alist III 9S1.674.3I24 130 S. MAIN STREET LAKE ELSINORE. CA 925.'30 W W W.LAU- EL5?NORE.ORG