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REHAB - Item 2A - 3612 Marybeth Ave Hearing • MAYOR; W i�(1 J ornead ROBERT RW TEM.RIIE CH al 1 �J MAYOR OAs[FOTEM'. J:)F V I[C COUNCILMEMRERS; '4o♦ 8838 E VALLEY BOULEVARD•P.O. BOX 399 - ROSEMEAD.CALIFORNIA 91770 A/LORR FAX)62 TELEPHONE 1626)288 6671 FAX anRY n-A+uR 16261907-92'8 TO: HONORABLE CHAIRMAN AND MEMBERS BUILDING REHABILITATION APPEALS BOARD FROM: FRANK G. TRIPEPI, CITY MANAGER a DATE: SEPTEMBER 15, 1998 RE: 3612 MARYBETH AVENUE - HEARING The subject property consists of an owner-occupied single family dwelling and an illegal storage room conversion. The property is zoned R-I. On July 10, 1997, a"Stop Work Notice" was left at the site due to construction in progress without permits. Subsequently, the owner submitted plans to Planning Department for the work being done. The project, as proposed, was denied due to insufficient parking. Mr. Tran was advised to remove the partitions that had been constructed, and was informed that the area in question could be used for storage only. Compliance was not achieved, and a rehabilitation case was initiated. A "Please Letter" was mailed to Mr. Tran on May 6, 1998. No response was received, and a follow-up inspection on May 27, 1998 revealed no apparent progress. The Building Official declared the property substandard and filed a Declaration of Substandard Property with the Los Angeles County Recorder's Office. A "Thirty Day" certified letter was mailed and posted on the property on June 10, 1998, requesting abatement of the substandard conditions. On June 15, 1998, a letter was received from Mr. Tran acknowledging receipt of the certified letter and advising staff of his intentions to cooperate. He did state in his letter that he was financially unable to correct the defects at that time, and he emphasized that the conversion posed no threat to public safety or welfare. Steven Bailey, Deputy Building Official, responded to Mr. Tran's letter. He clarified the rehabilitation process and reminded Mr. Tran of his right to request a public hearing. Mr. Tran wrote a second letter in which he did request a hearing. On July 9, 1998, the building inspector contacted Mr. Tran by telephone. She attempted to schedule an appointment for an inspection. He refused and reiterated his desire for a hearing. REHAB AGENDA SEP 2 21998 ITEM No. r--14. ROBERT W�4� J j \�/�TI)I(<I ad ROBERT W.HHO[.tln Al I A� .„„r.pso°4�p"Npqotice of US1.LR s r and p.,.,,..d pi' I .,V WTI , ub,. . .e, ,-8. e,, ''"b,. . .e, EO„„QLMEM92A, a tette rm an aY@Pdfie QXYYd^eth VOnt PHek tjt3ested that the hearing be ",�Re"Rr' finued to al • •'sr�' ent time ° ”" no aur a.N o „B� RrE�� ���'�}yEt�g�.a°��,E�{t August 19, 1998, Mr. Fong phoned spoke with Dep • +udding Official StesmreBailey, who explained the rehabilitation procedures and the hearing process. On August 24, 1998, the owner's daughter, Lynda Tran, came to City Hall and spoke with both Building and Planning Department staffregarding their respective requirements. Another letter was received from Mr. Fong on August 28, 1998 acknowledging the rescheduling of the hearing and thanking staff for their cooperation. A revised Notice of Hearing was mailed and posted on the property on September 8, 1998. All interested parties have been notified. CITY BUILDING OFFICIALS RECOMMENDATION: It is recommended that the Board find the property substandard and order removal of all unpermitted, non-conforming portions of the storage room by November 2, 1998. However, if necessary permits for removal and corrective work are obtained by November 2, 1998,the abatement date may be extended to December I, 1998. AGBEAE w EE !ESSE A \rltc� y OSCSiead DoE V.souEz couNoLM Meces_ 0E39 E.VALLEYBOULEVARD• P O. BOX 399 ROSEMEAD.D. 'CALIFORNIA 91770 �nE r. EEEALTELEPHONE 16261 290-6671 GAPEA .v:on FAX (626)307-92'19 September 8, 1995 _ James Tran SUBSTANDARD PROPERTY 3612 Marybeth Avenue 3612 Marybeth 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. THEREFORE, NOTICE IS HEREBY GIVEN that on Tuesday, September 22 1998. 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: 3612 MARYBETH AVENUE LEGAL DESCRIPTION. LOT 77, TRACT 14424 ASSESSOR'S 46 8393-017-006 JAMES M. GUERRA Building Official • H-1 STEVEN C. BAILEY Deputy Building Official Date Posted: � e By: _ May 27, 1998 LIST OF DEFECTS SUBSTANDARD PROPERTY 3612 Marybeth Avenue 1. It appears that the storage room at rear of house has been converted to other than its intended use. All interior partitions must be removed and reconverted back to storage use only. 2. All unpermitted plumbing must be removed and capped. It must also be properly abandoned at its source. PERMITS ARE REQUIRED for the above 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 ROBERT CA - Yll� 4r �SV)1(V t1Y ROBERT W SCJE60v MAYOR . 46 PPO TEM JOE PASCOE_ 9838 E VALLEY BOULEVARD• P.O. SOX 399 coovaLMEMeERs'. MARGARETCLARK ROSEMEAD.CALIFORNIA 91770 JAY T IMPERIAL TELEPHONE(626)298-6671 CARYA TAYLOR FAX 16261 3Q7- 2i8 .August 26, 1998 James Tran SUBSTANDARD PROPERTY 3612 Marybeth Avenue 3612 Marybeth Avenue Rosemead, CA 91770 Rosemead, CA 91770 NOTICE OF ORDER Evidence and testimony concerning the condition of the improvement at the address listed below has been presented to the City of Rosemead Building Rehabilitation Appeals Board. The Board ordered: That this hearing be rescheduled for September 22, 1998. DATE OF HEARING: AUGUST 25, 1998 ADDRESS OF BUILDING: 3612 MARYBETH AVENUE OWNER: JAMES TRAN Very truly yours, JAMES M. GUERRA - STEVEN C. BAILEY Building Official by Deputy Building Official DATE POSTED: £' BY: BARBOSA GARCIA LEP HENRY 5 BARBOSA' ATTORNEYS AT LAW LDRIE A CAMPOS SUITE 300 SAN DIEGO OFFICE DIANA b•..TCARBAJ T.KONG AE B 01 so UTH GRAND AVENUE O E KENNETH ` LOS ANGELES. CALIFORNIA 90017-16221 s s RONIFAOIO BONNY GAROIA• TELEPHONE 16121 515-6672 F. R JIMENEZ TELEPHONE:1212 611-0660 FAsI MUF. 16131 s1&6627 JOHN F.L LANGAGLE FACSIMILE 12131612-SOBS PETER ROBERTA RN GSFELD R .STONE- OF COUNSEL JONATHAN B STONE B --A -RK EL. R1KJE M JOHN C.YSLASWA KJ SPECIAL COUNSEL OFESSIONAL CORPORATION ADRIENNE D. FONIGAR SAN DIEGO OFFICE August 25, 1998 Steve Bailey Building Department City of Rosemead 8838 E. Valley Boulevard, P.O. Box 399 Rosemead, CA 91770 Re: 3612 Marvbeth Avenue Rosemead, CA 91770 Dear Mr. Bailey: My client Ms. Lynda Tran has informed me that the City has granted a continuance on the public hearing before the Rehabilitation Appeals Board that was scheduled for this evening. Ms. Tran also informed me that the matter will be placed on the agenda for the Board's next meeting which is scheduled for the last Tuesday in September which will be September 29, 1998. Thank you for granting the continuance. It will give me time to adequately review the facts of this matter and to properly advise the Tran family. Please call me if you wish to discuss this matter. Very truly yours, Kenneth T. Fong cc: Lynda Tran Chris Leong RTF\5733.L BARBOSA GARCIA LLP NRY S BARBOSA' ATTORNEYS AT LAW PIE A CAMEOS SUITE 300 SAN DIEGO OFFCE ANA m`CAPBAJALSOI SOUTH GRAND AVENUE NNETH T.FONG6 Sui71 1255 sna0 BONNY GAPaA' LOS ANGELES. CALIFORNIA 90017-4621 s TrapDo55 1615,615.6572 IGOSTW F II Acmn515.6573MENEZ , SE 1615,s .6673 _:EELE>HONe.17.151 512.080C TN F EFEL LAN05FEL0 EPD51MILE 12131 612-5085 IBEFTA R.SISTOS' OF COUNSEL !NATHAN B STONE JFFV M.TAIWAN! ACBEPT A. ECKEL. JR. HN C.YSLAS SPECIAL COUNSEL RATION ADRIENNE D. KONIGAP -.AN DlEGo o„¢EE August l8, 1998 Frank G. Tripepi City Manager City of Rosemead 8838 E. Valley Boulevard, P.O. Box 399 Rosemead, CA 91770 Re: 3612 Marybeth Avenue Rosemead, CA 91770 Dear Mr. Tripepi: I represent the Tran family which owns the above-referenced property and have been informed that a public hearing has been scheduled in the matter for Tuesday, August 25, 1998. To give me time to review this matter, I would like to request that the public hearing be continued for a couple of weeks. You may call me at the above telephone number. Please leave a voicemail message if I am out of the office. Thank you for your courtesy and I hope that we can resolve this matter soon. Very truly yours, Kenneth T. Fong KTF: 5719.L cc: Lynda Tran • AGEE AT A.' EAHESEGI MAYOR PPO TEM: .D=LnsoL=_ 5538 E.VALLEY BOULEVARD P.O. BOX 399 couenLMEusEas' ROSEMEAD.GALIFORN'A 91770 JAY I MARGARET--AAE TELEPHONE (5251288.9671 X( as A nv�Gc - FAX fo'25)3079213 August 10, 1998 James Tran SUBSTANDARD PROPERTY 3612 Marybeth Avenue 3612 Marybeth 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. THEREFORE, NOTICE IS HEREBY GIVEN that on Tuesday, August 25. 1998 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. Al] 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: 3612 MARYBETH AVENUE LEGAL DESCRIPTION: LOT 77, TRACT 14424 ASSESSOR'S 8593-017-006 JAMES M. GUERRA Building Official STEVEN C. BAILEY Deputy Building Official Date Posted: 'O .' By: May 27, 1998 LIST OF DEFECTS SUBSTANDARD PROPERTY 3612 Manbeth Avenue 1. It appears that the storage room at rear of house has been converted to other than its intended use. All interior partitions must be removed and reconverted back to storage use only. 2. All unpermitted plumbing must be removed and capped. It must also be properly abandoned at its source. PERMITS ARE REQUIRED for the above 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 June 29. 1998 Mr. Steven C. Bailey Deputy Building Official City of Rosemead 8838 E. Valley Blvd. Rosemead, CA 91770 Re: 3612 Mary beth Ave. Dear Mr. Bailey: Thank you for your letter dated June 18. 1998. which we received on June 25, 1998. Again. I would like to reiterate that we are unable to financial correct the situation at this time. We recently encountered financial difficulties that make it impossible for us hire contractors to tear down the storage area. We believe.however,that by August our situation will improve. Consequently. we would greatly appreciate that you give us an extension until then to comply with your demand. For your record,please note that since the first contact on July 10, 1997.we have not been unresponsive to the City's requirements as your letter seems to indicate. On the contrary, after we were cited for improper plumbing. we removed all the plumbing. Then we were told that we needed a permit before continuing any construction on the site; we complied and applied for a permit. We submitted and re-submitted plans accordingly. Finally, the City denied our permit. There has been no construction on the site since. We have scheduled appointments with the City to inspect the premises after the phone calls and unannounced visits on the property by various inspectors. Subsequently, we were cited for using the storage area for an unintended use. Last month,we received notice that our property was substandard. A few weeks later we received the June 10, 1998,posting. We promptly replied with our June 15, 1998. letter. Therefore.we do not believe that our request for an extension for compliance is so unreasonable. We do not expect you to understand our financial situation or to deviate from your guidelines. We. however,would be very grateful if you would kindly grant us the extension. We really have no other alternative if you deny the extension. Please reconsider. Should you choose to deny us the extension.please consider this letter a request for a hearing. Thank you for your time. Sincerely. James Tran 3612 Marybeth Ave_ Rosemead, CA 91770 RROsr 4 C itchy osiz eead MAW P ,EGP JAYOR F O TEMc � .. DE VASQUEZ couecnMEMRERs. 8838 E.VALLEY BOULEVARD• P.O. BOX 399 MARGARET CLARK ROSEMEAD.CALIFORNIA 91790 JAY-i IMPERIAL TELEPHONE(626)288.6671 GARY A TAYLOR FAX(626)307-9218 June 18, 1998 James Tran 3612 Marybeth Avenue Rosemead, California 91770 Re: Substandard property - 3612 Marybeth Avenue Mr. Tran: We have received your letter dated June 15, 1998. In your letter you indicate that you are willing to comply with the requirements to correct the substandard conditions on your property. To date, our records indicate there has been no progress in correcting the substandard conditions since our initial contact on July 10, 1997, on which a site visit was made and discovered construction work being • performed without necessary permits and approvals. At the time of the initial site visit a"stop work notice"was issued. Subsequent review of department records determined the existing storage room at the rear of the property had been converted to living space without the required permits and approvals. You also indicate in your letter that you believe "the City is suspiciously taking an aggressive effort to force" you to correct the substandard conditions. We believe allowing almost a year to correct the substandard conditions could hardly be considered aggressive! We have recently declared the property substandard because of the improper occupancy and because of the fact that the structure has been altered without proper permits and approvals. The main purpose of obtaining permits and inspections is to insure the construction work meets the minimum building code requirements. The City of Rosemead is committed to providing continued safety to those who live and work within the municipal boundaries. The property rehabilitation department is designed to assist you by providing a list of substandard conditions which may be unsafe or unsightly. By correcting these conditions you can improve your property and your community as a whole. As indicated in the notice you received on June 10, 1998, the items on the attached list should be completed within (30) thirty days. The inspector assigned to your case will perform regular progress inspections to determine compliance. It is important that you call the inspector to arrange a date and June 18, 1998 James Tran Page two time to meet on your property for inspection purposes. As indicated in the notice you received you may request a hearing before the Rehabilitation Appeals Board if in your opinion you disagree or cannot comply with correcting the substandard conditions. As a matter of standard procedure, if the substandard conditions are not corrected by the(30)thirty-day time period the case is automatically forwarded to the City Attorney at which time an office conference is scheduled. As mentioned, this is standard procedure and occurs with all cases that do not meet the deadline. We hope this letter clarifies the Rehabilitation procedures. If you should have any questions or if we can be of assistance please free to contact us_ (626) 288-6671 Sincerely, Steven C. Bailey Deputy Building Official June 15, 1998 Mr. James M. Guerra Building Official Mr. Steven C. Bailey Deputy Building Official City of Rosemead 8838 E. Valley Blvd. Rosemead, CA 91770 Re: 3612 Marybeth Ave. Dear Messrs. Guerra and Bailey: Please be informed that we received the notice posted on June 10, 1998, regarding the property referred to above. We are writing to advise you that we intend to cooperate with the City, as was our intention all along. At this point, however, we are unable to financially correct the "defects" as indicated in the June 10, 1998, posting. This letter is also to inform you that it has come to our attention that the City has suspiciously taken a rather aggressive effort to force us to correct the defects. According to the notice, the substandard condition we are charged with is that "the storage room at rear of house has been converted to other than its intended use." Whatever the non- intended use is, please rest assured that it does not in any way "endanger the life, limb, health, property, safety or welfare of the public or occupants." Thus, the numerous and continuous phone calls and letters we received are not necessary, the unannounced visits and appointments to visit to our home by building inspectors for the purpose of checking the premises are not necessary; the threat that the case will be brought to the city attorney by a Ms. Rose Arguello in a telephone message in April of 1998, is also not necessary. We would appreciate some peace in the days to come and will do whatever is necessary to comply with the City's request. Sincerely, James Tran 3612 Marybeth Ave. Rosemead, CA 91770 • ROBERT osemead ROBER1n PRU[SP' , MAYOR PRO TEM. •, JOE VASOL IE: ps. 9838 E. VALLEY BOULEVARD S P.O.BOX 399 couecnMEMSERS: .xo ROSEMEAD.CALIFORNIA 91779 nR0 JAYT IMPERIAL ar: TELEPHONE(62O 288-6671 BART TAYLOR FAX(626)30i-9T9 June 10, 1998 CERTIFIED MAIL RETURN RECEIPT REQUESTED James Tran & Louis Tran SUBSTANDARD PROPERTY 3612 Marybeth Avenue 3612 Marybeth Avenue Rosemead, CA 91770 Rosemead, CA 91770 Dear Messrs. Tram .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 ifvou are rentine this property to others the City may file a Notice of Non-Comoliance 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 of7:00- 11 00 a.m., Monday through Thursday, and 4'.00- 6:00 pm., Thursday. Very truly yours, JAMES M. GUERRA Building Official STEVEN C. BAILEY Deputy Building Official Date Posted: G ' ` - By: 11, . i- 6 -- �� • • May 27, 1998 LIST OF DEFECTS SUBSTANDARD PROPERTY • 3612 Mary-beth Avenue 1. It appears that the storage room at rear of house has been converted to other than its intended use. All interior partitions must be removed and reconverted back to storage use only 2. All unpermitted plumbing must be removed and capped. It must also be properly abandoned at its source. PERMITS ARE REQUIRED for the above 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 • PO8EkIW Eaz„ c� osefaead aYOF PRO M. JOE vASOUEC coarvrnmsmeEFs_ 3356 E. VALLEY 9OULEVAAD - P.O. BOX 339 mAFGAXEI CEserc ROSEMEAD.CALIFORNIA 91770 JAY I.IMPERIAL TELEPHONE (626)250.5671 wara.lands FAX(6261 307-9218 May 5, 1996 James Tran SUBSTANDARD PROPERTY 3612 Marybeth Avenue 3612 Marybeth 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, t KG. TRI•' PI City Manager City of Rosemead April23, 1998 LIST OF DEFECTS SUBSTANDARD PROPERTY 3612 Marybeth Avenue 1. It appears that the storage room at rear of house has been converted to other than its intended use. All interior partitions must be removed and reconverted back to storage use only. 2. All unpermitted plumbing must be removed and capped. It must also be properly abandoned at its source. PERMITS ARE REQUIRED for the above 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 -/ �l 1 7b Nr pW It if 5(1) rite 3 /0 d • Iy v ✓ u \iccin[D M I • i I I3 ' APV e i l A 5 ' 3G / 2 i'IARYSETH'