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RAB – Item 2B – 7646 Newmark Ave – Hearing MAYOR OO * (Til 3- 1 �VJ�Ime mead . sauez �� MAYOR ����RPRO TEM: �..a • I MA CA ETGAPK • courvcaMEMEERs: 8830E VALLEY BOULEVARD•P.O.BOX 399 ROBERT w.EBueser ROSEMEAD.CALIFORNIA 91776 JAY F nn eHva TELEPHONE(626)288 6671 GARY A LAYLUT FAX(626)307-9218 TO: HONORABLE CHAIRMAN AND MEMBERS BUILDING REHABILITATION APPEALS BOARD FROM: FRANK G. TRIPEPI, CITY MANAGES& 44:7— DATE: AUGUST 17, 1999 RE: 7646 NEWMARK AVENUE- HEARING The subject property consists of an owner-occupied single family dwelling with an unpermitted unit above the garage. The property is zoned R-l. The aforementioned garage was built with benefit of permits in 1983 as a 525 square foot single story structure. The building inspector went to the property on September 2, 1998 as the result of a citizen complaint. The tenant, Mr. Bohne, warned the inspector to leave the property and to obtain a warrant for any further inspections. Despite this confrontation, the inspector was able to compile a list of defects. A"Please Letter" was mailed to the property owner on September 15, 1998. On October 7, 1998, the building inspector returned to the property with Assistant City Manager, Donald Wagner. Mr. Bohne provided access to the interior of the garage. It was noted that the attic area had been converted to living space, including a stairway, bathroom, skylight and windows. Mr. Bohne was advised of the necessity of permits and approvals. A revised list of defects was compiled and mailed to Mr_ Cherrington, the property owner. A follow-up inspection on November 10, 1998 revealed no progress. The Building Official declared the property substandard and filed a Declaration of Substandard Property with the Los Angeles County Recorder's Office. A "Fifteen Day" certified letter was mailed and posted on the property on November 18, 1998, requesting abatement of the substandard conditions. On November 24, 1998, the Building Official received a letter from Mr. Cherrington. He stated his intention was to sell the property to the tenants, Mr. & Mrs. Bohne. Ile stated the Bohnes planned to demolish the residence and construct a new house on the property. Mr. Cherrington was granted a three month extension to allow time for the transfer of the property and for the preparation of plans for the proposed new residence. An inspection on January 19, 1999 revealed no change at the property. On January 25, 1999, Mr. Cherrington telephoned and stated the property was in escrow. REHAB AGENDA AUG 2 41999 ITEM Na. ' 13 ' I On February 3, 1999, Ruth Ann Bohne, the buyer, phoned and spoke with the Building Official. He explained the rehabilitation and permit process to her. She indicated that she and her husband intended to comply. An updated title report confirmed that the property had sold. A "Thirty Day" certified letter was mailed to the new owner and was posted on the property on March 2, 1999. On March 31, 1999, a letter was received from Mrs. Bohne requesting a public hearing. She also requested that the City discontinue sending any correspondence by certified mail and further requested that the City cease all communication with Mr. Cherrington. (Mr. Cherrington is listed as beneficiary on a second trust deed, and is therefore considered an"interested party"and will remain on the mailing list.) On April 5, 1999, the"Thirty Day" certified letter was returned "unclaimed" and was sent again by first class mail. On May 5, 1999, James Guerra, Consulting Building Official, met with Mrs. Bohne at the property. Mr. Guerra inspected the interior of the garage and the upstairs converted storage area. At that time Mr. Guerra and Mrs. Bohne discussed the list of defects and agreed that the case would not be taken before the Property Rehabilitation Appeals Board in May, as previously scheduled. Mrs. Bohne also requested permission to correct the garage violations in conjunction with the construction of a new dwelling. Mr. Guerra discussed this request with Planning Director, Peter Lyons. Mr. Lyons had no objections provided that the garage remain unoccupied and that final approval of the new dwelling is contingent upon correction of the violations. To date, no plans for a new residence have been submitted, nor has Mrs. Bohne been in contact with Planning or Building staff. A Notice of Hearing was mailed and posted on the property on August 9,1999. All interested parties have been notified. CITY BUILDING OFFICIAL'S RECOMMENDATION: It is recommended that the Board find the property substandard and order that all substandard conditions be removed and/or corrected by October 4, 1999. However, if the required permits are obtained,and sufficient progress is achieved by October 4, 1999,the abatement date may be extended to November I, 1999; or, if plans are submitted for a new residence by October 4, 1999, the abatement date will be extended to allow sufficient time for the plan check process. However, the plans must be approved and permits obtained no later than April I, 2000. • C MAYOR: • l 111 1 \Pjmead GE VASOUEE -� O \\`"l�Vl//::'uu MAYOR PRO IOW C .A MARGARET CLARK couarnMEMOERS: 8838 E.VALLEY BOULEVARD P.O. BOX 399 ROEETW SRvsCH ROSEMEAD.CALIFORNIA 91770 JAY 1 PMPERIAL TELEPHONE(626)208-6671 GARY A.TAYLOR FAX(626)307-9218 August 9, 1999 Ruth Ann Bohne SUBSTANDARD PROPERTY 7646 Newmark Avenue 7646 Newmark Avenue Rosemead, CA 91770 Rosemead, CA 91770 NOTICE OF HEARING The City Building Official has determined by inspection that the following property is substandard, as defined in Section 9905 of the City of Rosemead Building Laws, because of the defects listed on the attached letter. TI IEREFORE, NOTICE IS HEREBY GIVEN that on Tuesday, August 24. 1999 at 7:00 p.m., in the City Hall, 8838 E. Valley Boulevard, Rosemead, California, a HEARING WILL BE CONDUCTED before the City of Rosemead Rehabilitation Appeals Board on this matter. All persons who desire to be heard shall appear before the above Board at said time and place to show cause why the substandard conditions should not be ordered abated. ADDRESS: 7646 NEWMARK AVENUE LEGAL DESCRIPTION: COMPLETE LEGAL DESCRIPTION ON FILE ASSESSOR'S R. 5285-033-017 • STEVEN C. BAILEY Building Official Date Posted: b Q - 9 9 By- • August 05, I 99 LIST OF DEFECTS SUBSTANDARD PROPERTY 7646 Newmark Avenue REVISED SUBSTANDARD CONDIT]ONS Garage Garage and storage area (attic) above garage have been altered without the required permits and approvals. (Improper occupancy) Dwellinn 1. Building exterior wall covering is deteriorated/damaged and therefore lacks the required weather resistive covering BUILDING CODE VIOLATIONS 1. Garage and storage area (attic) above garage have been altered without the required permits and approvals. ?. Plumbing and electrical installations in garage have been made without the required permits and approvals. Access to interior of dwelling was not gained therefore other substandard conditions may exist. PERMITS ARE REQUIRED for repairs and may be obtained at the Building Department between the hours of 7:00 - 11:00 a.m., Monday through Thursday, and between 4:00 - 6:00 p.m., Thursday. ROSE ARGUELLO Building Inspector (626) _88-6671 x354 it-'1.--n(- 1 14 _ �j .� Sr� e� Gn-tKSC �_ : a,,ma. \itiV �a ( c.,_4( /4_,,_ 4 c c c c I a Is' v -1 l L------,-_,--,----,-- 1.,i I J3 I 1 o �il-SS -� if t. 1 I' I I I 7646 Newmark Street Rosemead, CA 91770 March 10,1999 City of Rosemead 8838 E. Valley BI. Rosemead, CA 91770 Attention: Building Official RE: SUBSTANDARD PROPERTY 7646 Newmark Avenue Dear Sir/Madam: Please consider this letter as a formal request for a public hearing pertaining to Item Nos. 1 and 2 (Garage) and Item No. 2 (Residence) as listed in your February 23`d "List of Defects." Item No. 1 (Residence) is in the process of being remedied; the work is approximately two-thirds completed and it is expected to be completed, in its entirety, within a short period of time.. Further, I would request that the City cease all communications concerning this matter with George A. Cherrington, as he is no longer the owner of the property. Please remove him from your mailing list. I would further re s ue t i • r discontinue sending correspondence to m- a Certified a since I am not at home during the weekdays and am n . . • I - , eve it from the post office. I am at work from 8:30 to 5:00 P.M. in Downtown Los Angeles. If you send correspondence to me via regular mail, I will be able to receive it. Sincerely, Ruth Ann Bohne (213) 612-8820 • • • R iosesnead ROBw s: pnuiH .... MAYOR PRO TEM: JOE VASOUEZ - 8838 E.VALLEY BOULEVARD• P.O.BOX 399 couxclLmemeERs. MARGARET CLARK ROSEMEAD,CALIFORNIA 91770 JAYT.IMPERIAL '��V: TELEPHONE (626)288-6671 GARY A.TAYLOR FAX(626)307-9218 March I, 1999 CERTIFIED MAIL RETURN RECEIPT REQUESTED Ruth Ann Bohne SUBSTANDARD PROPERTY 7646 Newmark Avenue 7646 Newmark Avenue Rosemead, CA 91770 Rosemead, CA 91770 Dear Mr. and Mrs. Bohne: A recent inspection of the property at the above address has found it to be substandard as defined by the City of Rosemead Building Code, because of the defects enumerated in the attached list. Section 9908 of the Code declares all such substandard buildings a public nuisance and requires the abatement thereof by correction, if practical, or demolition of the substandard conditions. As the owner of record, you are hereby notified to comply with the requirements of the above code, and to correct or remove the substandard conditions listed. All such work shall be completed within thirty(30) days after receipt of this letter. Be advised if You are renting this property to others the City may file a Notice of Non-Compliance with the State Franchise Tax Board. Revenue and Taxation Code, Section 17274 states: "No deduction shall be allowed for interest, taxes, depreciation. or amortization_.with respect to substandard (rental) housing." This-notice will be posted on the property. If in your opinion, you disagree or cannot comply with the above findings or order, you may request a public hearing. The request for hearing must be within thirty (30) days after posting of this notice on the property, must be in writing, and directed to the City of Rosemead Building Official, 8838 East Valley Boulevard, Rosemead, California 91770. For further information, please contact the inspector whose name is shown on the attached list. Required permits may be obtained between the hours of 7:00 - 11:00 a.m., Monday through Thursday, and 4:00 - 6:00 p.m., Thursday. Very truly yours, JAMES M. GUERRA Building Official ORIGINAL SIGNED STEVEN C. BAILEY Deputy Building Official Date Posted. February 23, 1999 LIST OF DEFECTS SUBSTANDARD PROPERTY 7646 Newmark Avenue REVISED Garage 1. Garage and storage area above garage have been altered without the required permits and approvals. 2. Plumbing and electrical installations in garage have been made without the required permits and approvals. - Residence 1. Building exterior wall covering is deteriorated/damaged and therefore lacks the required weather resistive covering. 2. Driveway is unpaved and does not drain properly. Access to interior of dwelling was not gained therefore other substandard conditions may exist. PERMITS ARE REQUIRED for repairs and may be obtained at the Building Department between the hours of 7:00 - 11:00 a.m., Monday through Thursday, and between 4:00 - 6:00 p.m., Thursday. ROSE ARGUELLO Building Inspector (626) 288-6671 x354 7646 Newmark Street Rosemead, CA 91770 November 18, 1998 CITY OCR sED D James M. Guerra, Building Official NOV 2 `�1998 CITY OF ROSEMEAD 8838 E. Valley BI. CITY CLERICSQFF11I, Rosemead, CA 91770 RE: SUBSTANDARD PROPERTY 7646 Newmark Avenue Rosemead, CA 91770 Dear Mr. Guerra: We are in receipt of your correspondence of November 17, 1998, and wish to memorialize the facts concerning the above-referenced property and our attempts to reach an understanding with the City concerning the unique circumstances surrounding same. Please consider this communication as our further attempt to meet and confer on this matter. We are writing this letter pursuant to Mr. Cherrington's conversation with and the recommendation of Mr. Robert Bruesch. In mid-September, 1998, we received notification from the City of alleged defects on the subject property. Immediately upon receipt, we arranged for a meeting with Frank Tripepi to discuss same. As Mr. Tripepi was suddenly engaged, we met with Don Wagner and advised him of the following: 1. The subject property is in the process of changing ownership; 2. It is the buyers' (Kurt and Ruth Bohne) intention to demolish the existing house; City of Rosemead November 18, 1998 Page 2 3. It is the buyers' intention to construct a new house on the subject property; 4. Correction of the list of defects as to the residence on the subject property, namely the (1) building exterior; (2) broken window; and (3) unpaved driveway is ludicrous when considering the fact that these items are subject to demolition. (Please note that subsequent to the recent inspection, item No. 2 has been fixed); 5. Correction of the list of defects as to the garage on the subject property, namely (1) permits for alteration of garage and storage area; and (2) permits for plumbing and electrical will be purchased/obtained pending the City's cost itemization and approval; 6. That when the architect retained by buyers attempted to obtain necessary information to continue development of construction plans, he was denied access to the records by City officials who informed him that no permits would be issued until a "cloud on the property" was removed. At this meeting of October 6, 1998, we voluntarily agreed to an inspection of the premises by City officials on the following day, October 7th. Again, this was done in a spirit of cooperation and without the necessity of any search warrant. On this date the officials were given unlimited access to the premises, made visual inspections and took photographs. At no time prior to our receipt of your November 17th correspondence did any representative of the City advise of any time constraints to remedy the alleged defects. Now we are advised that corrections must be made within fifteen (15) days. This requirement is unrealistic, oppressive and unreasonable in light of the above facts and we therefore request a stay or extension or, in the alternative a public hearing on this matter. City of Rosemead November 18, 1998 Page 3 If it is truly the City's intention to provide "continued health, safety and welfare for all City residents . . . by making this area an enjoyable place to live and work" we believe you will agree that the logical approach to this situation is to await the transfer of the subject property to the Bohnes and refraining from hindering their plans to re-build in this City which would, in turn, benefit all concerned. It is not in our best interest, nor the City's, to require us to invest financially in what we agree to be an eyesore in the community. Escrow on the subject property is expected to close by the end of November. We have been advised that the Bohnes will be required to demonstrate twelve (12) months of"seasoning" (mortgage payments) in order to qualify for an equity loan on the property for the purpose of demolition and construction. This is the reason we need the City's cooperation in granting us a stay or extension in this matter. The plumbing and electrical in the storage area are not intended to be used for "Illegal rental" purposes, but instead were specifically installed for use at the time of demolition and construction of the new house. We would be amenable to discuss a stipulated removal of these items at a future date, subsequent to the construction of the new house. In the interim, as noted above, we hereby request a stay or extension. Kurt Bohne has lived at the subject address since 1980, and in the City of Rosemead since 1964, when it was then known as South San Gabriel. Three years ago Kurt Bohne married Ruth Bohne, who then moved to Rosemead from the City of Commerce. It was their intention to purchase the subject property from George Cherrington for the purpose of building a family home. After several financial setbacks this goal is finally becoming a reality but for the hurdles now presented by red tape and bureaucracy. City of Rosemead November 18, 1998 Page 4 It is our sincere hope that this matter will be given careful consideration as to our unique situation in that we are attempting to be cohesive and cooperative with the City's desire to improve the quality of life for residents and visual appearance of the neighborhood by replacing this current aging property with a beautiful home which we believe could only be encouraging to surrounding homeowners. Sincerely, , /A► George A. Cherrington (current owner/seller) Kurt Bohne (future owner/buyer) Ruth Alm Bohne (future owner/buyer) MA.on: 1 1�(� V1/4SCS2C8d ROpEPTMAWR-w aau=_scH MAYOR PRO re. .IDE vsDUE. couvaLUEusees: • 8838 E.VALLEY BOULEVARD 7 0.0. BOX 399 MARGARET CLARK ROSEMEAD,CALIFORNIA 91770 IMPERIAL TELEPHONE 16261 208-6671 GARY AIA cAVL0A FAX(625)307-9210 November 17, 1998 CERTIFIED MAIL RETURN RECEIPT REQUESTED George A. Cherrington SUBSTANDARD PROPERTY 7645 Fern Avenue 7646 Newmark Avenue Rosemead, CA 91770 Rosemead, CA 91770 Dear Mr. Cherrington: - A recent inspection of the property at the above address has found it to be substandard as defined by the City of Rosemead Building Code, because of the defects enumerated in the attached list. Section 9908 of the Code declares all such substandard buildings a public nuisance and requires the abatement thereof by correction, if practical, or demolition of the substandard conditions. As the owner of record, you are hereby notified to comply with the requirements of the above code, and to correct • or remove the substandard conditions listed. All such work shall be completed within fifteen(15) days after receipt of this letter. Be advised ifvou are renting this property to others the City may file a Notice of Non-Compliance with the State Franchise Tax Board. Revenue and Taxation Code, Section 17274 states: "No deduction shall be allowed for interest taxes, depreciation, or amortization_.with respect to substandard (rental) housing." This notice will be posted on the property. If in your opinion, you disagree or cannot comply with the above findings or order, you may request a public hearing. The request for hearing must be within fifteen (I 5) days after posting of this notice on the property, must be in writing, and directed to the City of Rosemead Building Official, 8838 East Valley Boulevard, Rosemead, California 91770. For further information, please contact the inspector whose name is shown on the attached list. Required permits may be obtained between the hours of7:00- 11:00 a.m.,Monday through Thursday, and 4:00-6:00 p.m., Thursday. Very truly yours, JAMES M. GUERRA Building Official •e_,— STEGE.". C. BAILEY Deputy Building Official Date Posted: i / - / H y By: ROBERT E : FSLH 1 \v cad MAYOR E E JOE VABO'Jc< courvaLMEetaEFS 863E E.VALLEY BOULEVARD- P.O. BOX 399 unEOAEE-anr+e ROSEMEAD.CALIFORNIA 91770 TAT T nP=_FiA, TELEPHONE(6261 288-6671 M'A TAYLOR - FAX(626)307-9218 September 15, 1998 George A. Cherrington SUBSTANDARD PROPERTY 7645 Fern Avenue 7646 Newmark Avenue Rosemead, CA 91770 Rosemead, CA 91770 • • Dear Rosemead Property Owner: As you probably know, the City of Rosemead has had in effect for some time, a Building Rehabilitation and Property Maintenance Program. The purpose of this Program is to provide continued health, safety, and welfare for all City residents. I know that you, as a responsible citizen, are interested in the present and future well-being of your community and realize this interest can best be served by making this area an enjoyable place to live and work. With this thought in mind, the Property Rehabilitation Program is designed to assist you in improving your property by pointing out unsafe or unsightly conditions which are detrimental to our community as a whole, and your property in particular. You, as an owner, can best accomplish the objectives of the Program by prompt compliance. To familiarize you with these conditions, and to aid you in solving your particular problem, we are enclosing a list of defects- If you have any questions, please contact the inspector whose name is listed on the request. Thank you for your continued cooperation. Respectfully, FRANK G. TRIPEPI City Manager City of Rosemead September 3, 1998 • LIST OF DEFECTS SUBSTANDARD PROPERTY 7646 Newmark Avenue It appears that a second floor addition has been added to the existing garage without required permits and approvals. Addition appears to be used as a separate dwelling unit. 2. Plumbing and electrical installations appear to have been made without required permits and approvals. _ 3. Building exterior wall covering is deteriorated/damaged and therefore lacks the required weather resistive covering. 4. Driveway is unpaved and does not drain properly. 5. Window is broken on the North/East side of dwelling. Access to interior of dwelling and garage was not eained, therefore, other substandard conditions may exist. PERMITS ARE REQUIRED for repairs and may be obtained at the Building Department between the hours of 7:00- 11:00 a.m., Monday through Thursday, and between 4:00 - 6:00 p.m., Thursday. ROSE ARGUELLO Building Inspector (626) 288-6671 x354 270 ``,aiq, rk° LO SITF PLAN V N