HomeMy WebLinkAboutLake Elsinore - 107 N. Poe - Emergency NO (signed) CITY OF 0�
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DREAM EXTREW
EMERGENCY NOTICE AND
ORDER TO REPAIR OR ABATE
DELIVERED VIA POSTING ON SUBJECT PROPERTY AND FIRST-CLASS MAIL AND CERTIFIED MAIL,
RETURN RECEIPT REQUESTED,TO INTERESTED PARTIES AND THE SUBJECT PROPERTY
Date: September 23, 2020
Subject Property:
107 N. Poe Street
Lake Elsinore, California 92530
APN 374-153-014
Compliance Initiation Deadline: September 28, 2020 (5 Days)
Compliance Deadline: October 7, 2020 (14 Days)
Interested Parties:
US Bank National Association, as Trustee All Occupants
for the Registered Holders of ABFC 2007- 107 N. Poe Street
WMC1 Trust Asset Backed Funding Lake Elsinore, CA 92530
Corporation Asset Backed Certificates,
Series 2007-WMC1 US Bank National Association, as Trustee
c/o CT Corporation System for the Registered Holders of ABFC 2007-
818 West Seventh Street, Suite 930 WMC1 Trust Asset Backed Funding
Los Angeles, CA 90017 Corporation Asset Backed Certificates,
Series 2007-WMC1
US Bank National Association, as Trustee 107 N. Poe Street
for the Registered Holders of ABFC 2007- Lake Elsinore, CA 92530
WMC1 Trust Asset Backed Funding
Corporation Asset Backed Certificates,
Series 2007-WMC1
c/o PHH Mortgage Corporation
5720 Premier Park Drive
West Palm Beach, FL 33407
To All Interested Parties:
This Emergency Notice and Order to Repair or Abate("N&O")is issued pursuant to Health
and Safety Code("HSC") sections 17980(a), and 17980.6. The City of Lake Elsinore("City")has
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EMERGENCY LEGAL NOTICE AND ORDER TO REPAIR OR ABATE
determined that the parcel of real property located at the address and Assessor's Parcel Number
("APN") identified above("Subject Property")contains unlawful conditions that constitute public
nuisances and pose a substantial danger to the health, safety, and general welfare of the occupants,
the surrounding community, and the public. These unlawful conditions are in violation of multiple
provisions of law, including, but not limited to, the California Health and Safety Code ("HSC"),
California Building Standards Code ("CBSC") codified in Title 24 of the California Code of
Regulations, California Building Code ("CBC"), California Fire Code ("CFC"), California
Plumbing Code ("CPC") California Electrical Code ("CEC"), California Residential Code
("CRC"), Uniform Housing Code ("UHC"), Uniform Code for the Abatement of Dangerous
Buildings ("UCADB"), and the Lake Elsinore Municipal Code ("LEMC").
The following unlawful conditions were identified during a recent inspection of the Subject
Property on August 10, 2020 (this may not be an exhaustive list of all violations and the City
retains the right to identify further violations as they are discovered):
1. Substandard Building. General Dilapidation and Improper Maintenance. The
entire Subject Property is extremely deteriorated, dilapidated, and manifestly unsafe
due to a lack of regular maintenance and upkeep. The unsafe conditions on the Subject
Property prohibit safe entry and occupancy and the City has posted an unsafe to occupy
notice. Clear all trash and debris, abate all structural, electrical,plumbing, sanitation,
and fire hazards,and restore utility services to the Subject Property. Take all necessary
actions to repair and ensure that the Subject Property is properly maintained in
compliance with code standards. Obtain all necessary and proper permits before
commencing work. (HSC, § 17920.3(a)(14), (b)(2), (c), (d), (e), (g)(2), (h), 0); CBC,
§ 116.1; LEMC, §§ 8.18.020(A), (B), (C), (G), (H), (J), (K), (L), (M), (0), (Q), (R),
(U), (CC), (DD), 15.04.010.)
2. Substandard Building. Unfit for Human Habitation. The entire Subject Property
is extremely deteriorated, dilapidated, unsanitary, and manifestly unsafe as there is
evidence of mold, water damage, fire damage, and trash and debris filling the Subject
Property's interior and exterior rendering it unfit for human habitation. Further,
portions of the Subject Property's roofing and walls appear to be at risk of imminent
collapse. The City has posted an unsafe to occupy notice, prohibiting occupancy.
Ensure removal of all trash and debris, abate all structural, electrical, plumbing,
sanitation, and fire hazards, and restore utility services to the Subject Property. Take
all necessary actions to repair and ensure that the Subject Property is properly
maintained in compliance with code standards. Obtain all necessary and proper
permits before commencing work. (HSC, § 17920.3(a)(14), (c); CBC, § 116.1;
UCADB, § 302(9), (15); LEMC, §§ 8.18.020(A), (B), (C), (H), (0), (R), (Q), (CC),
15.04.010, 15.08.010.)
3. Dangerous Building. Illegal Occupancy. The Subject Property has transients
illegally occupying the structure in violation of the City's posted unsafe to occupy
notice. The illegal occupancy is dangerous to the occupants because the Subject
Property, in its current condition, is substandard and not safe to occupy. Ensure the
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EMERGENCY LEGAL NOTICE AND ORDER TO REPAIR OR ABATE
Subject Property is secured from trespassers, and all current occupants are removed,
for their safety. (HSC, § 17920.3(k); UHC, § 1001.14; LEMC, § 15.16.010.)
4. Substandard Building. Structural Hazards. Damaged and Deteriorated
Flooring. Throughout the Subject Property, the flooring is either cracked, chipped or
completely missing. Damaged, missing and dilapidated flooring is a tripping, and
safety hazard. Proper action must be taken to repair the damaged and deteriorated
flooring or install new flooring to prevent further deterioration. Obtain all necessary
and proper permits before commencing work. (HSC, § 17920.3(b)(2), (b)(3), (c);
CBC, § 116.1; UCADB, § 302(9); UHC, § 1001.3; LEMC, §§ 8.18.020(A), (B), (C),
(CC), 15.04.010, 15.08.010, 15.16.010, 15.56.010.)
5. Substandard Building. Interior Walls. The interior walls of the Subject Property
are extremely dilapidated, often in mid-construction, contain holes, are unpainted, and
are generally unmaintained. The structural integrity of the walls is compromised
creating a safety hazard and risk of collapse. All walls need to be repaired or replaced
sufficient to meet code standards, including but not limited to, restoration of missing
or damaged baseboards, repairing all holes, abating exposed electrical components,
and repainting. Obtain all necessary and proper permits before commencing work.
(HSC, § 17920.3(b)(4),(c);CBC, § 116.1;UCADB, § 302(9);LEMC, §§ 8.18.020(A),
(B), (C), (H), (R), (CC), 15.04.010, 15.08.010, 15.56.010.)
6. Substandard Building. Structural Hazards. Ceiling. The ceilings throughout the
Subject Property are deteriorated, dilapidated, contain water damage and holes.
Dilapidated and deteriorated ceiling elements create a structural hazard and risk of
collapse. The deterioration also compromises the structural integrity of the building.
Repair or replace and maintain all ceilings to meet code standards. Obtain all
necessary and proper permits before commencing work. (HSC, § 17920.3(b)(6),
(b)(7), (c); CBC, § 116.1; UHC, § 1001.3; LEMC, §§ 8.18.020(A), (B), (C), (CC),
15.04.010, 15.16.010.)
7. Substandard Building. Structural Hazards. Doorways. Doors and/or doorframes
within the Subject Property are missing, damaged, in a partial state of construction, or
are boarded up creating structural and safety hazards. Repair all doors and/or
doorframes to ensure structural integrity to meet code standards. Obtain all necessary
and proper permits before commencing work. (HSC, § 17920.3(g)(2); CBC, § 116.1;
LEMC, § 15.04.010.)
8. Substandard Building. Structural Hazards. Exterior Walls. The exterior walls
and siding on the Subject Property are damaged, falling apart, and are in a state of
disrepair which poses a safety hazard to the occupants due to the fact that the exterior
walls are not structurally sound and could collapse. Repair or replace all damaged or
deteriorated exterior walls and siding to comply with code standards. Obtain all
necessary and proper permits before commencing work. (HSC, § 17920.3(b)(4),
(b)(5), (c); CBC, § 116.1; UHC, § 1001.3; LEMC, §§ 8.18.020(A), (B), (C), (H), (R),
15.04.010, 15.16.010, 15.56.010.)
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EMERGENCY LEGAL NOTICE AND ORDER TO REPAIR OR ABATE
9. Substandard Building. Faulty Weather Protection. Deteriorated Exterior
Siding. The exterior of the Subject Property lacks proper weather protection,
including severely deteriorated siding and other exterior elements. Deteriorated siding
creates a risk of mold and due to increased risk of further deterioration from the
elements. Repair all weather-proofing, including by repainting all exterior walls to
meet code standards. Obtain all necessary and proper permits before commencing
work. (HSC, § 17920.3(g)(1), (c); CBC, § 116.1; UHC, § 1001.8; LEMC, §§
15.04.010, 15.16.010.)
10. Substandard Building. Dilapidated Materials of Construction. The Subject
Property contains damaged and dilapidated materials of construction including
damaged and/or missing doors and windows, broken, damaged, or partially
constructed doors and windows, dilapidated interior walls and floors, and exposed
electrical wires and plumbing. The dilapidated materials of construction are
substandard and pose safety risks to the occupants because the doors and windows
cannot be properly utilized. The Subject Property must be repaired and maintained in
good and safe condition to comply with code standards. Obtain all necessary and
proper permits before commencing work. (HSC, § 17920.3(i); CBC, § 116.1; CRC, §
113.1; UHC, § 1001.10; UCADB, § 302(8), (9); LEMC, §§ 8.18.020(A), (B), (U),
(CC), 15.04.010, 15.06.010, 15.08.010, 15.16.010.)
11. Substandard Building. Inadequate Weatherproofing. Dilapidated Roof.
Portions of the roof on the Subject Property are dilapidated and damaged and lack
adequate weather protection. Damaged roofing allows water to enter the Subject
Property creating a risk of mold. Repair or replace the damaged roofing elements to
meet code standards. Obtain all necessary and proper permits before commencing
work. (HSC, § 17920.3(b)(6), (b)(7), (c); CBC, § 116.1; UHC, § 1001.3; UCADB, §
302(8); LEMC, §§ 8.18.020(A), (B), (CC), 15.04.010, 15.080.010, 15.16.010,
15.56.010.)
12. Substandard Building. Structural Hazards. Dilapidated Patio. The outside
backyard patio of the Subject Property is extremely dilapidated and damaged; it was
in a state of rot and collapse and lacks adequate weather protection. Its condition is a
structural hazard which could cause injury to occupants. Repair or replace the
damaged patio elements to meet code standards. Obtain all necessary and proper
permits before commencing work. (HSC, § 17920.3(b)(6), (b)(7), (c); CBC, § 116.1;
UCADB, § 302(8); LEMC, §§ 8.18.020(A), (B), (CC), 15.04.010, 15.080.010,
15.56.010.)
13. Substandard Building. Structural Hazard. Dilapidated, Dangerous, and
Collapsing Back House/Accessory Dwelling Unit. The Subject Property's back
house/accessory dwelling unit is in an extremely dilapidated and deteriorated
condition, is boarded up, and is missing essential structural elements such as ceilings,
floors, doors, windows, and utility services. Repair or replace the damaged and
deteriorated structural elements to meet code standards. Obtain all necessary and
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EMERGENCY LEGAL NOTICE AND ORDER TO REPAIR OR ABATE
proper permits before commencing work. (HSC, § 17920.3(a)(14), (c), (1); CBC, §
116.1; LEMC, § 15.04.010.)
14. Substandard Building. Blocked Ingress and Egress. Ingress and egress routes of
the Subject Property have been significantly blocked by a large amount of trash,
debris,and remains of construction materials and other waste. This condition prevents
efficient and safe evacuation and creates a major safety hazard for occupants and first
responders in the event of fire or other emergencies. Ensure all trash, debris, and
clutter has been removed to clear ingress and egress paths. (HSC, § 17920.3(c), (1);
CBC, §§ 110.1, 1003.6; CFC, § 110.1.1; UCADB, § 302(1); LEMC, §§ 8.18.020(A),
(B), (CC), 15.04.010, 15.08.010, 15.56.010.)
15. Substandard Building. Faulty Weather Protection. Broken Windows and
Window Frames. The Subject Property has broken windows and window frames that
are devoid of effective waterproofing. Faulty weather protection allows moisture to
enter the building, which may undermine construction materials and allows for the
spread of mold. Replace all missing and broken windows and frames according to
meet code standards. Obtain all necessary and proper permits before commencing
work. (HSC, § 17920.3(c), (g)(2); CBC, § 116.1; LEMC, §§ 8.18.020(A), (B), (G),
(CC), 15.04.010.)
16. Substandard Building. Faulty Weather Protection. Damaged Windowsills. The
Subject Property has broken, damaged windowsills and lacks effective waterproofing.
Faulty weather protection allows moisture to enter the building,which may undermine
construction materials and allows for spread of mold. Repair all damaged exterior and
interior windowsills to meet code standards. (HSC, § 17920.3(c);CBC, § 116.1;UHC,
§ 1001.8; LEMC, §§ 15.04.010, 15.16.010.)
17. Substandard Building. Sanitation Hazard. Missing Window Screening. The
Subject Property has missing window screens, which allows for intrusion of vermin
and pests creating a sanitation hazard. Replace all missing window screens to meet
code standards. (HSC, § 17920.3(c); CBC, § 116.1; UHC, § 1001.8; LEMC, §§
15.04.010, 15.16.010.)
18. Substandard Building. Faulty Weather Protection. Paint. The exterior of the
Subject Property has chipped and cracked paint that no longer covers the exterior
completely. This is faulty weather protection and faulty weather protection allows
moisture to enter the building, which may undermine construction materials and
allows for spread of mold. Repaint all wood trimming and exterior elements to meet
code standards. Obtain all necessary and proper permits before commencing work.
(HSC, § 17920.3(c), (g)(3); CBC, § 116.1; LEMC, §§ 8.18.020(A), (B), (C), (CC),
15.04.010.)
19. Substandard Building. Health, Safety, and Fire Hazard. Interior Junk and
Debris. The interior of the Subject Property is full of junk and debris including
garbage, clothing,broken furniture,boxes,plastic containers, and other miscellaneous
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EMERGENCY LEGAL NOTICE AND ORDER TO REPAIR OR ABATE
items. Accumulation of junk and debris can serve as a harborage for insects and
vermin, which spread illness and damage property. Excess debris also facilitates the
spread of fire and blocks egress routes for first responders and occupants. Ensure all
trash and debris has been removed from the interior of the Subject Property to reduce
health, safety, and fire hazards. (HSC, § 17920.3(c), 0); CBC, § 116.1; CFC, § 304.1;
UCADB, § 302(1); LEMC, §§ 8.18.020(A), (CC), 15.04.010, 15.08.010, 15.56.010.)
20. Substandard Building. Health, Safety, and Fire Hazard. Exterior Junk and
Debris. The exterior of the Subject Property is full of junk and debris including
garbage, discarded furniture,trash bins,boxes,bags,construction materials, and wood
planks. Accumulation of junk and debris can serve as a harborage for insects and
vermin, which spread illness and damage property. Excess debris also facilitates the
spread of fire. Ensure all trash and debris has been removed from the exterior of the
Subject Property to reduce health, safety, and fire hazards. (HSC, § 17920.3(c), 0);
CBC, § 116.1; CFC, § 304.1; LEMC, §§ 8.18.020(A), (J), (K), (R), (CC), (DD),
15.04.010, 15.56.010.)
21. Substandard Building. Inadequate Sanitation. Bathrooms. The bathrooms on the
Subject Property are extremely unsanitary, and in disrepair. The toilets are non-
operational, water services have been disconnected, and there are exposed and
damaged plumbing lines Repair and clean the bathrooms to meet code standards,
including cleaning, sanitizing, repainting, and repairing all bathroom flooring, tiling,
walls, grouting, plumbing, and removing waste from all areas. Obtain all necessary
and proper permits before commencing work. (HSC, § 17920.3(a)(1), (c); CBC, §
116.1; CPC, § 422.4; UHC, § 1001.2; LEMC, §§ 8.18.020(A), (B), (R), (CC),
15.04.010, 15.16.010; 15.24.010.)
22. Substandard Building. Inadequate Sanitation. Bedrooms. The bedrooms on the
Subject Property are extremely unsanitary and in a general state of disrepair. The
bedroom walls are open to the outside and allow for dirt and debris to blow into the
bedrooms, causing the bedrooms to be unsanitary. Repair and clean the bedrooms to
meet code standards. (HSC, § 17920.3(a)(14); CBC, § 116.1;UHC, § 1001.2; LEMC,
§§ 8.18.020(A), (B), (R), 15.04.010, 15.16.010.)
23. Plumbing Hazard. Unsafe or Improper Plumbing. There is unsafe and improper
plumbing throughout the Subject Property such as exposed and damaged pipes.
Damaged plumbing causes sanitation issues and increases the spread of mold due to
water leaks. Abate and repair all exposed or damaged plumbing in the Subject
Property. Obtain all necessary and proper permits before commencing work. (HSC,
§ 17920.3(e); CBC, § 116.1; UCADB, § 302(9), (13); CPC § 312.1; LEMC, §§
8.18.020 (A), (R), (CC), 15.04.010, 15.16.010; 15.24.010.)
24. Substandard Building. Inadequate Kitchen Facility. The kitchen in the Subject
Property is unsanitary, dilapidated, and does not have functioning appliances. These
conditions deprive any occupants of necessary kitchen facilities. Sanitize the kitchen
facility and ensure that it is restored to proper working condition in order to comply
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EMERGENCY LEGAL NOTICE AND ORDER TO REPAIR OR ABATE
with code standards. (HSC, § 17920.3(a)(14), (c); UHC, § 1001.2; LEMC, §§
8.18.020 (A), (R), (CC), 15.16.010.)
25. Substandard Building. Electrical Hazards. Unsafe Electrical Modifications and
Wiring. The Subject Property contains areas with exposed,cut and damaged electrical
wires. There are also unpermitted and unsafe electrical modifications on the Subject
Property which pose a risk of electrical shock to occupants. Abate all unsafe electrical
hazards and remove any unpermitted electrical modifications. Obtain all necessary
and proper permits before commencing work. (HSC, § 17920.3(c),(d); CBC, § 116.1;
CFC, § 110.1; UHC, § 1001.1, 1001.5; LEMC, §§ 8.18.020(A), (B), (R), (CC),
15.04.010, 15.16.010, 15.56.010.)
26. Substandard Building. Electrical Hazards. Exposed Electrical Outlets and
Faceplates. The Subject Property has electrical outlets which are missing faceplate
covers or contain broken and damaged covers thus exposing electrical wires. This
creates significant shock and fire hazards. Replace or repair all missing or damaged
electrical switches and outlet covers to meet code standards. Obtain all necessary and
proper permits before commencing work. (HSC, § 17920.3(a)(14), (c), (d); CBC, §
116.1;UHC, § 1001.5; LEMC, §§ 8.18.020(A), (B), (R), (CC), 15.04.010, 15.16.010.)
27. Substandard Building. Lack of Running Water. The building lacks hot and cold
running water to plumbing fixtures. Basic utilities such as water are required for
human habitation. Restore water service to the Subject Property. (HSC, §
17920.3(a)(5); CBC, § 116.1; UHC, § 1001.2; LEMC, §§ 15.04.010, 15.16.010.)
28. Substandard Building. Lack of Electricity. The building lacks required electricity,
including lighting. Basic utilities such as electricity are required for human habitation.
Restore electrical service to the Subject Property. (HSC § 17920.3(d); CBC § 116.1;
UHC, § 1001.2; LEMC, §§ 15.04.010, 15.16.010.)
29. Substandard Building. Missing Light Fixtures. The Subject Property has missing
and/or temporary light fixtures. Light fixtures are required for human habitation.
Repair or replace all missing light fixtures and components to meet code standards.
Obtain all necessary and proper permits before commencing work. (HSC, §
17920.3(a)(10), (c); CBC, § 116.1; LEMC, §§ 8.18.020(A), (CC), 15.04.010.)
30. Substandard Building. Unsafe Water Heater. The water heater on the Subject
Property has been improperly installed and is missing the required safety straps which
poses a risk of falling. Repair or replace the water heater and properly install and
maintain the water heater in accordance with all State and local laws. Obtain all
necessary and proper permits before commencing work. (HSC, § 17920.3(c), (f);
CBC, § 116.1; LEMC, §§ 8.18.020(A), (R), (CC), 15.04.010.)
31. Substandard Building. Fire Hazards. The Subject Property contains dangerous
electrical wiring, combustible materials, and a large accumulation of junk, trash, and
debris. These conditions pose a serious fire hazard. Obtain all necessary and proper
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EMERGENCY LEGAL NOTICE AND ORDER TO REPAIR OR ABATE
permits before commencing work. (HSC, § 17920.3(c), (h); CBC, § 116.1; CFC, §§
110.1.1, 701.2; LEMC, §§ 8.18.020(A), (R), (CC), 15.04.010, 15.56.010.)
32. Substandard Building. Lack of Smoke Detectors. The Subject Property lacks
proper functioning smoke detectors. Smoke detectors are necessary to prevent fires
and safe lives by alerting occupants of any fires. Smoke detectors are needed in all
sleeping areas. Install and maintain missing or inoperable smoke alarms and smoke
detectors. (HSC, § 17920.3(c), (m); CFC, § 907.2; CBC, § 907.2.11; LEMC, §§
8.18.020(A), 15.04.010.)
33. Substandard Build. Lack of Carbon Monoxide Detectors. The Subject Property
lacks functioning carbon monoxide detectors. Carbon monoxide detectors save lives
by alerting occupants of excessive carbon monoxide levels in the air. Install and
maintain missing or inoperable carbon monoxide detectors. (HSC, § 17920.3(c); CFC,
§§ 907.2, 1103.1; CBC, § 420; LEMC, §§ 8.18.020(A), 15.04.010.)
34. Substandard Building. Mechanical Equipment. Currently all mechanical
equipment on the Subject Property is substandard because it is in a state of
unfunctional disrepair and dilapidation. Functional mechanical equipment is
necessary for human habitation. All mechanical equipment, including vents, vent
covers and HVAC system, must be repaired or installed and maintained in a good and
safe condition and working properly. Obtain appropriate permits as required. (HSC,
§ 17920.3(f); CBC, § 116.1; CFC, § 703.1; UHC, § 1001.7; LEMC, §§ 15.04.010,
15.16.010.)
35. Substandard Building. Lack of Adequate Heating and Cooling. The Subject
Property lacks adequate heating and cooling. Inadequate heating and cooling exposes
occupants to the mercy of the elements and renders the Subject Property unfit for
human habitation. Ensure heating and air conditioning units are working in proper
condition to meet code standards. (HSC, § 17920.3(a)(6), (c); CBC, § 116.1; LEMC,
§§ 15.04.010, 15.16.010.)
36. Substandard Building. Insect and Rodent Infestation. The Subject Property shows
signs of insect, vermin, and rodent infestation likely due to the lack of proper
weatherproofing, missing and broken doors and windows, damaged ceilings and
roofing, and unsanitary conditions in the interior and exterior of the Subject Property.
Rodents and insects can carry and spread diseases and affect neighboring properties.
Clear the Subject Property of all rodent and insect infestation which may require the
services of a professional exterminator. Take all steps necessary to ensure the Subject
Property is free from rodents and insects. (HSC, § 17920.3(a)(12), (c), 0); UHC, §
1001.2; LEMC, §§ 8.18.020(A), (R), (CC), 15.16.010.)
37. Substandard Building. Deteriorating Fascia Boards. The fascia boards on the
Subject Property exhibit signs of dry rot and general decay. Deteriorating fascia
boards may fall and injure occupants. In addition, decaying exteriors allow the
elements to intrude further into the structure of the Subject Property. Replace
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EMERGENCY LEGAL NOTICE AND ORDER TO REPAIR OR ABATE
deteriorating fascia boards and properly weatherproof all exterior elements to prevent
future decay. Obtain all necessary and proper permits before commencing work.
(HSC, § 17920.3(c), (g)(2), (g)(4); CBC, § 116.1; LEMC, §§ 8.18.020(A), (B), (H),
(CC), 15.04.010.)
38. Substandard Building. Rotting and General Decay. Exterior. The exterior of the
Subject Property exhibits signs of rot and general decay. Decaying exteriors allow the
elements to intrude further into the structure of the Subject Property and is an eyesore.
Take all actions to repair or replace and ensure no further rotting or decay of the
Subject Property. Obtain any and all necessary and proper permits before
commencing work. (HSC, § 17920.3(c), (g)(1); CBC, § 116.1; § 302(16); LEMC, §§
8.18.020(A), (B), (H), (CC), 15.04.010, 15.08.010.)
39. Dangerous Building. Unsafe Walking Surfaces. There are portions of the interior
and exterior walking surfaces on the Subject Property that are damaged and uneven.
Furthermore, numerous areas of the Subject Property are major fall hazards due to the
uneven walking surfaces and lack of adequate safety handrails. This condition poses
a danger to occupants and first responders in the event of an emergency. The uneven
and damaged walking surface must be repaired or replaced to meet code standards.
Obtain all necessary and proper permits before commencing work. (HSC, §
17920.3(b)(2); UCADB, § 302(2); LEMC, §§ 8.18.020(A), (H), (CC), 15.08.010.)
40. Dangerous Building. Building Manifestly Unsafe. The entire Subject Property is
manifestly unsafe for human habitation due to structural issues, fire hazards, electrical
hazards, plumbing and sanitary hazards, blocked egress and other significant safety
issues. Bring the Subject Property into compliance with all applicable codes. Obtain
all necessary and proper permits before commencing work. (HSC, § 17920.3(c), (d),
(h), (k); UCADB, § 302(9), (16); LEMC, §§ 8.18.020(A), (B), (D), (CC), 15.08.010.)
41. Dangerous Building. Building Code Violations. The Subject Property has
numerous conditions that violate State and local building laws missing structural
elements such as walls and ceiling, unsafe electrical wiring and configurations, and
fire hazards due to accumulation of junk, trash, and debris on the interior and exterior
of the Subject Property. Rehabilitate the Subject Property so that it is in conformance
with all building code standards. Obtain all necessary and proper permits before
commencing work. (HSC, § 17920.3(k);UCADB, § 302(13);LEMC, §§ 8.18.020(A),
(B), (D), (CC), 15.08.010.)
42. Dangerous Building. Public Nuisance. The Subject Property is in a substantially
dangerous condition constituting a public nuisance due to missing structural elements
such as walls and ceiling,unsafe electrical wiring and configurations, and fire hazards
due to accumulation of junk,trash,and debris on the interior and exterior of the Subject
Property. Take all necessary actions to abate all nuisances and rehabilitate the Subject
Property in accordance with all codes. Obtain all necessary and proper permits before
commencing work. (HSC, § 17920.3(c); UCADB, § 302(16), (17); LEMC, §§
8.18.020 (A), 15.08.010.)
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EMERGENCY LEGAL NOTICE AND ORDER TO REPAIR OR ABATE
43. Nuisance. Abandoned Structure. The Subject Property has been abandoned.
Maintaining the Subject Property in an abandoned state allows further deterioration
due to neglect and detracts from the appearance of the immediate neighborhood.
Ensure the Subject Property is maintained and cared for at all times to prevent future
deterioration. (HSC, § 17920.3(c); LEMC, § 8.18.020(B).)
44. Nuisance. Unsecured Structure. The Subject Property shows signs of being
unsecured including broken and missing entry and interior doors, broken and missing
windows, some of which have been boarded up. Secure the Subject Property to
prevent unauthorized persons from entering. (HSC, § 17920.3(c); LEMC, §§
8.18.020(D), 8.60.050.)
45. Nuisance. Graffiti. The Subject Property has graffiti on the walls. Graffiti creates
an unsightly appearance and attracts crime to the property and neighboring areas.
Remove all graffiti and take proper precautions to prevent future graffiti. (HSC, §
17920.3(c); LEMC, § 9.52.060.)
46. Nuisance. Visual Blight. The Subject Property in its current condition is an eyesore
and a source of blight within the community due to a dilapidated and deteriorated roof,
walls, fencing, a large accumulation of trash and debris, and poor property
maintenance. Blight attracts crime and reduces the property values of innocent
neighboring properties. Bring the Subject Property into compliance with all relevant
local and state laws, as well as into conformity with the maintenance standards of the
rest of the community. Obtain all necessary and proper permits before commencing
work. (HSC, § 17920.3(c); LEMC, §§ 8.18.020(B), (H), (CC).)
47. Nuisance. Incompatible Window Installation. The Subject Property has windows
that have been improperly installed,modified, or boarded up in a manner incompatible
with the architectural elements and character of the neighborhood. This modification
has become a nuisance and public eyesore. Remove or repair all such incompatible
window installations. Obtain all necessary and proper permits before commencing
work. (HSC, § 17920.3(c), (g)(2); LEMC, §§ 8.18.020(A), (B), (G), (0), (CC).)
48. Nuisance. Attractive Nuisance. The exterior of the Subject Property contains
numerous attractive nuisances dangerous to children, including but not limited to
abandoned, broken, or neglected construction materials, discarded appliances and
furniture, trash bags, wooden pieces, plastic containers, and dangerous debris.
Attractive nuisances such as these could cause injury to children who enter the Subject
Property. Remove all attractive nuisances from Subject Property. (HSC, § 17920.3(c);
UCADB, § 302(12); LEMC, §§ 8.18.020(A), (K).)
49. Nuisance. Trash, Junk, and Debris Visible From Public Street. The Subject
Property has had discarded appliances and furniture, trash bags, plastic containers,
cardboard boxes,and dangerous debris stored on the Subject Property and visible from
the public street. Trash,junk, and debris visible from the public street brings down
neighboring property values and gives the neighborhood an appearance that it is
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EMERGENCY LEGAL NOTICE AND ORDER TO REPAIR OR ABATE
blighted. Ensure all trash,junk, and debris has been removed and is not visible to the
public. (HSC, § 17920.3(c); LEMC, §§ 8.18.020(A), (J), (L), (M).)
50. Nuisance. Lack of Property Maintenance. The lack of maintenance of the Subject
Property is detrimental to the public health, safety, or general welfare and is in such
manner as to constitute a public nuisance. Maintenance of the Subject Property is so
out of conformity with the maintenance standards of adjacent properties it is causing
substantial diminution of the enjoyment, use and property values of such adjacent
properties. Rehabilitate Subject Property according to State and local laws. Obtain
all necessary and proper permits before commencing work. (HSC, § 17920.3(c);
LEMC, §§ 8.18.020(A), (0), (Q), (R), (CC).)
51. Nuisance. Neglected Yards. The front and back yards of the Subject Property are
neglected and subject the public to unsightly refuse and unmaintained landscape. The
yards have been littered with discarded items such as furniture, boxes, discarded
construction materials, appliances,trash, and other garbage. Ensure all trash and junk
has been removed from all yards of the Subject Property and prevent the accumulation
of further unsightly refuse or waste through proper and regular maintenance. (HSC, §
17920.3(c),0);UCADB, § 302(17); LEMC, §§ 8.18.020(A), (H), (0), (S), (W), (CC),
15.08.010.)
52. Nuisance. Unmaintained Landscape. The landscaping on the Subject Property is
severely unkept. The landscape on the Subject Property has large bare patches of dirt.
The lack of maintenance and presence of debris and dirt patches has created a
landscape dissimilar to the surrounding properties and constitutes an unsightly
appearance and is detrimental to neighboring properties or property values. Install and
maintain proper landscaping in accordance with local codes. (HSC, § 17920.3(c), 0);
UCADB, § 302(17); LEMC, §§ 8.18.020(A), (H), (0), (S), (W), (CC), 15.08.010.)
53. Nuisance. Dilapidated Fencing. The wooden fence on the Subject Property
providing access to the yard is dilapidated. The deterioration and disrepair of the fence
constitutes a hazard to persons and property, creates a fire hazard, and causes a
depreciation in the value of any neighboring properties. Repair or replace the fence to
meet building code standards. Obtain all necessary and proper permits before
commencing work. (HSC, § 17920.3(c); LEMC, §§ 8.18.020(A), (U).)
54. Nuisance. Accumulation of Junk, Trash and Debris. Interior and Exterior. The
exterior of the Subject Property has had a large amount of junk, trash and debris,
including discarded furniture, containers, pieces of wood, plastic containers, chairs,
tables,and other unknown items which are stored within view of public areas and must
be removed. The interior of the Subject Property has also been filled with discarded
clothes, broken furniture, storage boxes, tarps, rags, and other waste. The
accumulation junk, trash and debris tends to reduce the value of private property,
promotes blight and deterioration, invites plunder, creates fire hazards, constitutes an
attractive nuisance and creates a hazard to the health and safety of minors, creates a
harborage for rodents and insects, and is injurious to the health, safety and general
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EMERGENCY LEGAL NOTICE AND ORDER TO REPAIR OR ABATE
welfare of the public. Ensure all junk, trash and debris has been removed from the
interior and exterior of the Subject Property and does not return. (HSC, § 17920.3(c),
0); LEMC, §§ 8.18.020(A), (H), (I), Q), (K), (L), (CC), (DD).)
Pursuant to the HSC,CB SC,CBC,CFC,CPC,CEC,CRC,UHC,UCADB,and the LEMC,
the buildings and structures on the Subject Property are substandard, public nuisances, and pose
an immediate threat to the health and safety of the public and the occupants of the structures.
Order to Repair or Abate
Therefore, pursuant to HSC sections 17980 et seq., including Section 17980.6, the City
hereby orders you to repair or abate all code violations on the Subject Property, including,but not
limited to, all unlawful conditions identified herein. Work to abate these unlawful conditions
must begin immediately and must be completed within 14 days ("Compliance Deadline").
You are responsible for ensuring compliance by removing any occupants who continue to violate
State and local laws.
Within 5 days of this N&O ("Compliance Initiation Deadline"), you must secure the
Subject Property against entry and submit completed applications, plans, or other documents to
the City for all necessary permits required to bring the Subject Property into compliance with this
Emergency N&O and all laws.
Further, you must provide proof of compliance for all of these requirements to the City
by the aforementioned Compliance Deadline. Should you meet these requirements, the City will
work with you to establish a plan to bring the Subject Property into full compliance with the law,
including additional deadlines.
Legal Consequences of Failure to Repair or Abate
The legal consequences for failure to initiate rehabilitation and correct the unlawful
conditions identified above by the Compliance Deadlines may include the City taking all necessary
and proper actions to abate the violations, including, but not limited to administrative fines,
abatement warrants, criminal prosecution, and civil remedies such as injunctions, penalties, and
an application for the appointment of a receiver over the Subject Property.
Furthermore, you will be held liable for all costs, fees, and expenses, including all
inspections costs, investigation costs, enforcement costs, abatement costs, court costs, litigation
expenses, attorneys' fees, and administrative expenses, incurred by the City in inspecting,
identifying, investigating, enforcing, and abating all unlawful conditions on the Subject Property.
The City may cause such costs to become liens or special assessments against the Subject Property
and will seek to recover the costs for recording and collecting the same.
Repair or abatement of the unlawful conditions identified above may require you to obtain
air quality,building and/or demolition permits. You are obligated to submit complete applications
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EMERGENCY LEGAL NOTICE AND ORDER TO REPAIR OR ABATE
to the City for all necessary permits required to bring the Subject Property into compliance with
the N&O and the law by the Compliance Deadline.
Pursuant to HSC section 17980.6(c),you are hereby notified that you cannot retaliate against
lessees of the Subject Property pursuant to Civil Code section 1942.5. Pursuant to HSC section
17980(d), you are hereby notified that, in accordance with Revenue and Taxation Code sections
17274 and 24436.5, a tax deduction may not be allowed for interest, taxes, depreciation, or
amortization paid or incurred in this taxable year for the Subject Property.
If you have any questions regarding this Emergency N&O or disclaim any legal interest for
this parcel of property, you may contact the undersigned.
Fred Lopez M. Scott Burns
Code Enforcement Administrator Senior Building Inspector
City of Lake Elsinore City of Lake Elsinore
(951) 674-3124 (951) 674-3124
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