HomeMy WebLinkAboutItem No. 05 - Rejection of Claim by Nitin Jindal5)Rejection of Claim by Nitin Jindal
Direct the City Clerk to notify claimant Nitin Jindal that his claim submitted to the City Clerk's
Department on February 15, 2024, is rejected.
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REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:Shannon Buckley, Assistant City Manager
Date:April 23, 2024
Subject:Rejection of Claim by Nitin Jindal
Recommendation
Direct the City Clerk to notify claimant Nitin Jindal that his claim submitted to the City Clerk's
Department on February 15, 2024, is rejected.
Background
Nitin Jindal has submitted a claim to the City seeking reimbursement for "financial damages"
totaling $60,000.
Code Enforcement personnel first contacted Mr. Jindal on October 17, 2023, and observed that
Mr. Jindal was remodeling the residence. Mr. Jindal, the property owner, was advised to stop
work until the City issued permits through the Community Development Department. He was
advised that he could be fined if he did not seek the required City permits.
On October 26, 2023, Code Enforcement personnel conducted an inspection; no activity was
seen on the property at the time of inspection. However, Staff noticed a trailer loaded with new
construction material.
On December 19, 2023, the Code Enforcement Department received a complaint that multiple
commercial vehicles were parked on the property and included significant amounts of construction
materials.
On December 20, 2023, Staff visited the property and noticed several inoperative commercial
vehicles. There is also excessive storage of construction materials. On December 21, 2023, a
Notice of Violation was sent to Mr. Jindal.
On January 10, 2024, Staff inspected the property and noted 19 vehicles being stored. Of the 19
Rejection of Claim by Nitin Jindal
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vehicles, eight were commercial vehicles. Staff also noted that several tires, building supplies,
fencing materials, generators, and forklifts remained onsite. An Administrative Citation (#32006)
was issued.
On January 16, 2024, the City received another citizen complaint. Staff inspected the property
and observed no effort had been made to rectify the prior conditions. Staff reached out to Mr.
Jindal but was unable to reach him. Another Administrative Citation (#32009) was issued.
On February 13, 2024, Staff inspected the property for compliance. Staff noted no changes in the
condition of the property.
On February 15, 2024, Mr. Jindal filed a claim with the City Clerk's Department for $60,000. A
copy of the claim is attached.
On February 22, 2024, at the request of Mr. Jindal, Staff met with him at his property. Staff was
granted access to the property. Staff went over the violations with Mr. Jindal and advised him that
he could not move forward with the development process until he came into full compliance. There
was unpermitted construction inside the building, which the Building & Safety team addressed
during their inspections. Staff granted him 30 days to comply. Staff further advised him that the
property is not zoned for commercial use and that having the vehicles stored there and all the
other debris was not allowed.
Mr. Jindal has appealed the citations, which remain pending.
Discussion
Mr. Jindal's claim was initially referred to the City's carrier, the California Joint Powers Insurance
Authority, through its claim's administrator, Carl Warren & Company. On February 15, 2024, the
City Attorney's office was notified by Carl Warren that the claim was not covered under the City's
policy.
In his claim, Mr. Jindal notes that he seeks reimbursement for "financial damages" totaling
$60,000.
As noted above, Mr. Jindal's property is not zoned for the storage of commercial vehicles, and
that, along with the other activities, has created public nuisance conditions.
The City Attorney's office recommends that the City Council reject the claim submitted by Mr.
Jindal and direct the City Clerk to notify Mr. Jindal 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
he choose to act against the City.
Fiscal Impact
None.
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Attachments
Attachment 1 - Claim