HomeMy WebLinkAboutDBV CITY COUNCIL PACKET 11-2-21.pdfAgenda #: 7.1
Meeting Date: November 2, 2021
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: SETTING OF HEARING DATE TO CONSIDER APPEALS OF
BUILDING OFFICIAL'S NOTICE AND ORDER TO VACATE THE
VILLAGE AT DIAMOND BAR CONDOMINIUM COMPLEX, AND
APPOINTMENT OF HEARING EXAMINER TO CONDUCT
HEARING(S).
STRATEGIC
GOAL:
Safe, Sustainable & Healthy Community
RECOMMENDATION:
A. Set November 18, 2021 at 9:00 a.m. in the Windmill Community Room as the date,
time and location to hear appeals of the Building Official's Notice and Order to
Vacate The Village at Diamond Bar condominium complex; and
B. Appoint John C. Van Doren to serve as the hearing examiner for the matter, and
authorize the City Manager to execute an Agreement for Hearing Officer Services
with Mr. Van Doren.
PURPOSE:
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 b e 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 r easonable 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 comple x 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.
PREPARED BY:
REVIEWED BY:
Attachments:
1. Notice and Order to Vacate The Village at Diamond Bar Condominium Complex
2. October 11, 2021 Update Suspending Enforcement of the Notice and Order
3. Statement of Qualifications for John C. Van Doren
21810 Copley Drive
Diamond Bar, CA 91765
NOTICE
AND
ORDER
Concerning a Substandard and Dangerous Building and
Order to Vacate no Later
Than October 18, 2021
Date of Issue: SEPTEMBER 30, 2021
To: PROPERTY OWNER OR TENANT
1628246.1
Notice from City of Diamond Bar (“City”) to Vacate and Repair or Demolish
THIS PROPERTY MUST BE REPAIRED AS SET FORTH BELOW:
Within thirty (30) days from the date of this document, all conditions described
below must be corrected. In the event you believe you will not be able to make all
repairs within this time period, you may submit a written request to the Building
Official setting forth: (a) which conditions you have already corrected, (b) which
conditions you need more time to correct, and (c) a statement explaining why you
need additional time to make the corrections. You must obtain any and all required
permits before repairing.
If you determine that it is not economically feasible to repair the structure(s) you
may, at your option, complete the demolition of all violating structures on the
Property, including the foundation within thirty (30) days. You must obtain any and
all required permits before beginning demolition.
Property Address: 23601 through 23665 Golden Springs Drive (inclusive of all
individually designated units), Diamond Bar, CA 91765
APN: 8281-028-032 through 8281-028-182.
VACATE ORDER: PURSUANT TO THIS NOTICE & ORDER / ORDER TO VACATE, ALL
PERSONS MUST VACATE THE STRUCTURES ON THE PROPERTY BY OCTOBER 18,
2021. NO EXTENSIONS SHALL BE GIVEN. IF YOU ENTER, REMAIN AT, OR OCCUPY
THIS BUILDING AFTER OCTOBER 18, 2021, YOU MAY BE SUBJECT TO PENALTIES
INCLUDING BEING ARRESTED.
RIGHT TO APPEAL: This building is immediately dangerous to life, limb, property, or safety of
the public. Any person having record title or legal interest in the building may appeal from this
Notice and Order or an action of the Bu ilding Official or their designee to the Diamond Bar City
Council, provided the appeal is made in writing and in the form required Section 1201.1 of the
1997 Uniform Housing Code, and filed with the City Clerk within ten (10) days from the date of
issuance of this Notice and Order. Failure to appeal will constitute a wa iver of all right to an
administrative hearing and determination of the matter, and a waiver of any and all other rights
of appeal. Where appropriate, as determined by the City, the City may conduct further
proceedings in accordance with the Diamond Bar Municipal Code.
Processing of the appeal shall be in accordance with the provisions set forth in the 2019
California Building Code, as adopted and amended by Diamond Bar Municipal Code Chapter
15.00.120 et seq., and/or the 1997 Uniform Housing Code, as adopted and amended by
Diamond Bar Municipal Code Chapter 15.00.1110 et seq.. A complete text of all codes is
available at the City Clerk’s Office.
1628246.1
BUILDING OFFICIAL’S FINDINGS
After inspections by a structural and civil engineer licensed by the State of California, and
retained by the Diamond Bar Village Homeowners Association, inspection by City personnel,
and review by the Building Official, the Property, including all residential units thereon, and the
clubhouse building, have been determined to be substandard within the meaning of the Diamond
Bar Municipal Code, State Housing Laws (California Health & Safety Code (hereinafter “H&S
Code”) Section 17920.3), California Civil Code, California Civil Code of Regulations Title 24,
and/or all Uniform Codes adopted therein, including the 1997 Uniform Housing Code (“UHC”)and
the California Building Code (“CBC”). This determination has been made based on the serious
and dangerous conditions at the Property, including, but not limited to, the following:
1. Those conditions described in the June 15, 2017, and September 22, 2021 reports
and recommendations of structural and civil engineering firm Khatri International,
Inc. which is available upon request;
2. Structural Hazards in all buildings on the Property, including deteriorated or
inadequate foundations, defective or deteriorated flooring and/or floor supports,
members of vertical supports that split, lean, list or buckle due to defective
materials or deterioration, and members of ceilings, roofs, ceiling and roof
supports, or other horizontal members that sag, split, or buckle due to defective
materials or deterioration. (See, H&S Code §17920.3(b); UHC §1001.3)
3. Faulty weather protection in all buildings on the Property including deteriorated,
crumbling or loose plaster, deteriorated or ineffective waterproofing of exterior
walls, roof, foundation, and/or floors, and broken, rotted, split, or buckled exterior
wall or roof coverings. (See, H&S Code §17920.3(g); UHC §1001.8)
4. Faulty Materials in all buildings on the Property caused by failure to maintain
construction materials in good and safe condition. (See, UHC §1001.10)
5. Inadequate sanitation in all buildings on the Property including infestation of
insects (termites), visible mold growth, and general dilapidation or improper
maintenance. (See, H&S Code §17920.3(a))
6. Structures that are unsafe, insanitary, or deficient because of inadequate
maintenance or dangerous to human life. (See CBC §116).
If you choose to repair the structures, prior to any repairs of the structures, you must submit
to the Building Official a detailed rehabilitation plan, which shall include all details of actions to
be taken to repair the Property. You shall submit plans and make repairs as indicated below,
and obtain all necessary permits before commencing work.
To bring the Property into compliance, the following corrective actions must be taken within the
time specified in this Notice and Order:
1628246.1
ALL UNITS MUST BE VACATED BY OCTOBER 18, 2021. SECOND FLOOR UNITS HAVE
BEEN RED TAGGED AND MAY NOT BE OCCUPIED AND NO PERSON SHALL ENTER
SUCH UNITS EXCEPT TO PERFORM CORRECTIVE WORK PURSUANT TO A DULY
AUTHORIZED PERMIT ISSUED BY THE CITY. FIRST FLOOR UNITS HAVE BEEN YELLOW
TAGGED AND MAY NOT BE OCCUPIED AND NO PERSON SHALL ENTER EXCEPT TO
RETRIEVE PERSONAL BELONGINGS OR TO PERFORM CORRECTIVE WORK
PURSUANT TO A DULY AUTHORIZED PERMIT ISSUED BY THE CITY.
SUBSEQUENT TO ALL UNITS AND STRUCTURES ON THE PROPERTY BEING VACATED,
YOU MUST TAKE THE FOLLOWING ACTION:
A COMPLETE REPORT TO REPAIR THE BUILDINGS TO A SAFE CONDITION FOR
OCCUPANCY MUST BE SUBMITTED TO THE CITY BUILDING OFFICIAL. BASED ON THE
REPORT, A PLAN TO BE PERMITTED THROUGH THE BUILDING DIVISION MUST BE
APPROVED AND PERMITTED PRIOR TO ANY WORK.
FAILURE TO TIMELY VACATE AND REPAIR OR DEMOLISH. If the required repair work
and/or demolition is not commenced or completed within the time specified, the Building
Official will proceed with further legal action, up to and including demolition of the
structures and charging the costs thereof against the Property and/or its owner(s).
As the Homeowners Association, owner(s), or property management of the Property at issue, or
as the individual or entity responsible for vacating the property and the repair work and/or
demolition, you are individually responsible for correcting the violations described herein.
Should the Property not be vacated, and/or the repair work and/or demolition not be commenced
and completed within the time period specified in this notice, local law enforcement may be used
to force the vacation of the Property, and the repair work may be abated by the City through
further administrative proceedings, including, but not limited to, added inspections and directions
to remediate the violations, by judicial process, or by entry upon the Property by City employees
or contractors for purposes of effecting those actions necessary. Alternatively, the City may file
a civil action and seek appointment of a health and safety receiver pursuant to H&S Code
§17980.7. You will be charged a fee equal to the actual costs incurred by the City in obtaining
compliance with this notice, including, but not limited to, subsequent inspection costs, staff time,
overhead and legal expenses, including attorney’s fees.
Notice To Landlord Regarding Your Responsibility To Provide Relocation Benefits:
Pursuant to California Health and Safety Code Section 17975-17975.10, you are responsible for
paying relocation benefits for your tenants because they are required to move out of your building
as a result of an order to vacate issued by the City.
It is your responsibility to make the relocation payments directly to your tenants. If you fail to
provide the appropriate relocation benefits to your tenants, you may be subject to significant
penalties or legal action brought by your tenants. If you have any questions regarding your rights
1628246.1
and responsibilities, you should contact an attorney as soon as possible. If you wish to contest
the finding that you are responsible for paying relocation benefits, you must file a req uest for
appeal with the City’s Building Official setting forth your grounds for such appeal within 1 0 days
of the date on this Notice and Order.
See Attachment 1 to this Notice and Order for general information regarding your rights and
responsibilities.
Notice To Tenant Regarding Your Right To Relocation Benefits:
Under California Health and Safety Code Sections 17975-17975.10, you are eligible for
relocation benefits because you are required to move out of your building as a result of an order
to vacate issued by the City.
It is your responsibility to collect your relocation payment directly from your landlord or his or her
designated agent. The City has not adopted a policy to advance relocation payments to tenants
and the City is not responsible for paying you any relocation benefits. If you r landlord does not
provide you with relocation benefits, you are still required to vacate the premises on the date
indicated on this notice to vacate. Nothing in this letter shall be construed as giving you more
time to vacate. If you have any questions regarding your legal rights, you should contact an
attorney as soon as possible.
See Attachment 1 to this Notice and Order for general information regarding your rights and
responsibilities.
Notice To Landlord Regarding Retaliation:
Pursuant to California Civil Code Section 1942.5, a landlord may not retaliate against a tenant
who is not in default on his/her rent payments, by increasing rent, decreasing services, causing
a tenant to quit involuntarily, or bringing an action to recover possession or threatening to do any
of these acts for exercising his/her rights under the law.
Notice To Property Owner Regarding Revenue And Taxation Code Deductions:
In accordance with Sections 17274 and 24436.5 of the Revenue and Taxation Code, the owner
of the Property may not be allowed a tax deduction for interests, taxes, depreciation, or
amortization paid or incurred during this taxable year.
City staff is available to meet with you or your representatives to discuss any issues or questions
that may arise regarding this Notice and Order. You may contact Raymond Tao at (909) 839-
7021 or RTao@DiamondBarCA.Gov if you have any questions.
1628246.1
DATED this 30th day of September, 2021.
______________________________
Raymond Tao
Building Official
1628246.1
ATTACHMENT 1
1628246.1
Rights and Responsibilities of Property Owners and Tenants
Pursuant to H&S Code §17925 (Relocation Benefits)
Pursuant to H&S Code §17975 et seq. “Any tenant who is displaced or
subject to displacement from a residential unit as a result of an order to
vacate or an order requiring the vacation of a residential unit by a local
enforcement agency as a result of a violation so extensive and of such a
nature that the immediate health and safety of the resident is endangered,
shall be entitled to relocation benefits from the owner . . . .”
• Payment for relocation benefits by Owner shall include a sum equal to
two months of the established fair market rent for the are a, and an
amount sufficient to cover utility service deposits.
• Payment of relocation benefits is in addition to return of any security
deposit to the tenant as required by law.
• Payment of relocation benefits to tenants must be made within 10 days
of the date that the notice to vacate was posted on the premises and
mailed to the property owner.
• An owner who does not provide relocation benefits as required by law
may be liable to the tenant for an amount equal to 1 ½ times the
relocation benefits allowable under H&S Code §17975.2.
• Owners have a right to appeal the order to pay for tenant relocation
benefits. All such appeals must be made, in writing, to the City’s
Building Official within ten (10) days of the date of posting of the notice
and order to vacate. Appeals shall be based on the criteria set forth in
H&S Code §17975.4 and include all evidence the appealing party
claims supports the appeal. If necessary, the Building Official may
request additional evidence or documentation from the appealing party
or any effected tenant and may hold a hearing regarding the appeal.
Notice of any hearing on an appeal will be provided to the appealing
party and any affected tenant. The Building Official will make a ruling
on the appeal within 10 days of receipt of the appeal or conclusion of
a hearing on the appeal, if any. Decisions of the Building Official on
any appeal are final subject only to the right to seek writ relief pursuant
to California Code of Civil Procedure §1094.5 or 1094.6.
IMPORTANT UPDATE
The Village at Diamond Bar (23601-23665 Golden Springs Drive)
OCTOBER 11, 2021 - ENFORCEMENT OF ORDER TO VACATE ON HOLD
PENDING FURTHER STRUCTURAL INVESTIGATIONS AND HEARINGS ON
APPEALS, STRUCTURES TO REMAIN RED- AND YELLOW-TAGGED UNTIL
FURTHER NOTICE
The City Clerk’s Office received 63 appeals of the City’s September 30, 2021 Notice and Order
to Vacate all 150 residences comprising The Village at Diamond Bar (“DBV”) condominium
complex. After hearing from several DBV residents and owners, the City determined that the
public’s interests would best be served by delaying the enforcement of the order until after
further structural investigations are conducted, and the appeal hearings are completed.
All 12 DBV buildings continue to be deemed hazardous at this time, and the City’s order to
vacate remains in effect. Although enforcement or rescission of the order will not take place
until after the steps outlined in this Update have been completed, the City considers all persons
residing within the complex to be at serious risk pending further investigation of the structural
condition of the buildings.
Additional Structural Analysis
The Diamond Bar Community Development Department is proceeding with the selection of a
licensed structural engineer to inspect all buildings within the condominium complex. The City
will hire the engineer directly, and work will be performed on the City’s behalf. The inspections
will be conducted to assess the structural condition of each building, and to identify corrective
measures, as warranted, to ensure the safety of its occupants.
The work to be performed will include “destructive testing,” meaning that openings will need
to be cut into the building exteriors and/or interiors. The City will keep the public informed as
to the scope, phasing and scheduling of the structural investigations.
By investigating the structural condition of the various buildings, the City does not assume any
responsibility to repair any of the structures on the Property. The responsibility to repair the
structures remains that of the Diamond Bar Village Homeowners’ Association and/or the
individual owners of the various condominium units within the association.
Receive Updates via Email or Text
All DBV tenants and owners are encouraged to visit the City of Diamond Bar website at
www.diamondbarca.gov/villagecondos to register to receive additional updates and other
important information.
Information Available in Other Languages
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Proposal for
Zoning and Code Compliance Hearing Officer Services
for the City of Diamond Bar
Citizens’ Hearings & Appeals Professional Services
John C. Van Doren
Senior Hearing Officer
October 10, 2021
CHAPS
CHAPS is an acronym for: Citizens’ Hearings & Appeals Professional Services. Operating as a
sole proprietorship, CHAPS has been performing Administrative Hearing Officer services in a
professional manner since March 1, 2002.
Scope of Work
• Conduct Zoning Entitlement, Code Compliance, Nuisance Abatement, and Building &
Safety Appeal Hearings; review documents that may be submitted as evidence, and
objectively consider evidence and the testimony of witnesses, in accordance with
Diamond Bar Municipal Codes, Zoning Codes, General Plan elements, and applicable
state law, including the 1997 Uniform Housing Code.
• The Hearing Officer shall perform all work necessary (including research and site review)
to conduct the Zoning Entitlement, Code Compliance, Nuisance Abatement, and Building
& Safety Appeal Hearings.
• The Hearing Officer shall demonstrate those qualifications, objectivity, and training
necessary to conduct a fair and impartial review.
• Following each Administrative Hearing, the case file, rationale for the finding, and all
documents submitted as evidence, shall be returned to the City.
Training and Qualifications
• 16 years conducting City Council Meetings
• 3 years as Zoning Administrator
• 10 years as Code Enforcement Officer/Supervisor/Manager
• 19 years as an Independent Hearing Officer
• Specific Coursework:
• CPPA-provided Hearing Examiner certification
• Conflict Resolution
• Mediation
• Tentative Map Act
• Zoning law
Experience
• Nineteen years providing hearing officer services to Cities, Counties, and Universities.
• Appeals have primarily covered Animal Control, Zoning, Code Enforcement, Property
Maintenance, Nuisance Abatement, Building & Safety, and Cost Recovery.
• Three years serving as Zoning Administrator (Zoning Entitlement Hearing Officer)
presiding at public hearings and making determinations on minor variances, setback
modifications, lot line adjustments, and Conditional Use Permits.
• Applicable codes include the California Government, Health & Safety, & Vehicle Codes,
and local ordinances.
Organization
• Owner/operator of Citizens’ Hearings & Appeals Professional Services (CHAPS)
• Sole Hearing Officer
• No sub-contracting is anticipated
• Pasadena Vendor # 14770
• Los Angeles County Vendor # 171712
• State-Certified Small Business # 1789637
My Work Plan
CHAPS proposes to perform the independent contractor work as described in this RFP,
pursuant to an Agreement for Professional Services to be negotiated as directed within the
terms of the RFP. I have read and understood the example agreement included with the RFP,
and have no objections to any of its terms and conditions.
Compensation
My hourly rate shall be $100.00 per hour (four hour minimum per diem), including preparation,
site review where necessary, conduct of Hearings, evaluation of testimony and documentation,
and rendering of decisions.
Conclusion
I am confident I have met the City’s requirements and appreciate being invited to submit my
proposal and to present my qualifications for your consideration.
Thank you!
____________________
John C. Van Doren
Senior Hearing Officer/Owner
Citizens’ Hearings & Appeals Professional Services
jcvandoren@verizon.net
909 226-8051