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HomeMy WebLinkAboutSTAFF REPORT 11-2-21 TO SET HEARING 2758.docxPURPOSE: This matter has been placed on the City Council agenda solely for the purpose of setting a hearing date for the matter described in this report, and appointing an independent hearing officer to hear the appeals pertaining to the matter. To ensure the fairness and integrity of the hearing on the appeals, the City Council should not hear or discuss the merits of the appeals while discussing this agenda item in that Section 1201.3 of the 1997 Uniform Housing Code requires that appellants be notified by mail or personal service at least ten (10) days prior to a scheduled appeal hearing, which notice has not been provided since this is not the appeal hearing. FINANCIAL IMPACT: The hearing officer’s time spent on the matter, together with reasonable and necessary costs and expenses, are estimated to not exceed $10,000, paid from the General Fund. BACKGROUND: The Village at Diamond Bar (“DBV”) is a 150-unit condominium complex located at 23601 through 23665 Golden Springs Drive. The complex is developed with eleven two-story residential buildings and a one-story clubhouse. On September 30, 2021, the Building Official determined all buildings within the complex to be substandard within the meaning of the Diamond Bar Municipal Code and applicable State housing laws. In light of this determination, and on the same date, the Building Official issued a Notice and Order (Attachment 1) to vacate the buildings, tagged all second-story units, and yellow-tagged the clubhouse and all ground-floor units. The Building Official’s determination was based on inspections performed by a California-licensed structural and civil engineer retained by the DBV Homeowners Association, who recommended that all buildings be vacated, as well as inspections by the Building Official and other City personnel. The findings upon which the Building Official’s determination was based are set forth in the Notice and Order. The Notice and Order set October 18, 2021 as the deadline to vacate all units at the complex. However, on October 11, 2021, the City published an update stating that enforcement of the Notice and Order would be stayed pending further structural investigations, and after appeals of the order could be heard. The October 11 update was posted at DBV, published on the City website, mailed to property owners and tenants, and emailed to persons that subscribed for updates pertaining to this matter. A copy of the October 11, 2021 update is included as Attachment 2. Pursuant to Section 1201.3 of the 1997 Uniform Housing Code (UHC), property owners and other persons having legal interest (e.g., tenants) in the affected buildings had the right to appeal the Notice and Order within 10 days of the Building Official’s decision. The first appeal was filed on October 1, 2021, and a total of sixty-five (65) appeals were filed with the City Clerk by the October 10, 2021 filing deadline. UHC Section 1201.3 further requires appeals to be heard no more than 60 days from the date an appeal is filed (i.e., by November 30, 2021). Section 15.00.120(15) of the Diamond Bar Municipal Code designates the City Council as the Board of Appeals in matters involving decisions of the Building Official. Pursuant to UHC Section 1301.1, the Board may appoint a hearing examiner to conduct appeal hearings. DISCUSSION: Hearing Date As stated, hearing of appeals must commence no later than November 30, 2021. Pursuant to UHC Section 1201.3, written notice of the time and place of the hearing must be mailed to the appellants at least ten (10) days prior to the hearing date. The soonest available date that staff can reserve the Windmill Community Room and comply with the noticing requirement is Thursday, November 18, 2021. Staff thus recommends that the City Council set the matter for hearing as follows: DATE: November 18, 2021 TIME: 9:00 a.m. LOCATION: Windmill Community Room, City Hall 21810 Copley Drive Diamond Bar, CA 91765 If additional time is needed or a continuance is deemed prudent, the appointed hearing examiner may schedule additional times and dates. Appointment of Hearing Examiner A hearing examiner is an individual appointed by a legislative body to conduct quasi-judicial hearings. The advantages of appointing a hearing examiner in the appeal of the Notice and Order include the opportunity to have an independent person with specific knowledge of building codes to adjudicate the matter. The appointment of a hearing examiner would provide the City Council with an independent report from a knowledgeable person who has the ability to convene over a lengthy hearing and consider and weigh all the evidence. The hearing officer’s report would come to the City Council in the form of a recommendation. The City Council would have the discretion to accept or reject the hearing officer’s recommendations. John C. Van Doren has provided hearing officer services to public agencies for 19 years in matters including building and safety, animal control and code enforcement. Staff became aware of Mr. Van Doren’s services through his work as a contract hearing officer for the City of Walnut. Mr. Van Doren’s statement of qualifications is included as Attachment 3. Staff believes that Mr. Van Doren is qualified to hear the appeals filed in response to the DBV Notice and Order, and recommends that the City Council appoint John C. Van Doren to serve as the hearing examiner to consider the appeals of the Building Official’s Notice and Order to vacate The Village at Diamond Bar condominium complex. LEGAL REVIEW: The City Attorney has reviewed and approved the content of this staff report.