HomeMy WebLinkAboutTemporary Evacuations of Village at DB Condo Complex PACKET for STAFF 93021 530 pm.pdfProvided to City staff for Informational Purposes Only
Questions? Contact PIM Marsha Roa x7055 or PIC Cecilia Arellano x7056
Original - 09/30/2021
Temporary Evacuations of Condominium Complex Q&A
The Village at Diamond Bar (23601-23665 Golden Springs Drive)
September 30, 2021 – Today, the City will be yellow- or red-tagging all 150 units of the two-story
condominium complex known as The Village at Diamond Bar based on the findings of a recent
structural observation report. Chief among these findings are conditions that may pose a hazard
to the building’s integrity such as deteriorating roof rafters, foundation damage, and excessive
drainage issues. The City will begin enforcement of the orders on these tags on Monday, October
18 which gives residents approximately 17 days to plan for a temporary relocation.
Questions and Answers
YELLOW AND RED TAGS
Q. Why was my condominium tagged?
A. Last month, your HOA (Homeowners Association) hired an engineer to visually inspect the
property and they found a number of issues that are a safety concern which they detail
in a report. The City’s building inspectors and code enforcement officers have been on
site and reviewed the report and agree with the engineer’s recommendation of more
thorough inspection and testing, as well the installation of temporary roof supports.
Temporary Evacuations of Apartment Complex Q&A
Prepared for City staff for Informational Purposes Only
Page 2 of 4
Q. What do the different tag colors mean?
A. The tag colors rate occupancy risk, with yellow indicating medium risk and red indicating
high risk. Regardless of tag color, the condominiums must be vacated in order to keep
residents out of harm’s way, and for the engineers and inspectors to safely assess and
test all areas of concern, and determine what repairs are necessary.
Red-tagged units -- All of the second-floor units are red-tagged. Once vacated,
residents may not re-enter red-tagged units until the City deems the units to be safe.
Yellow-tagged units – All of the first-floor units are yellow-tagged. Residents may only
re-enter yellow-tagged to retrieve personal belongings.
TEMPORARY DISPLACEMENT
Q. Can I leave my condominium now?
A. You should collect essential personal belongings and vacate your condominium as soon
as possible. The City will begin enforcement of the evacuation orders on Monday,
October 18.
Q. Is there any financial assistance to help me with renting a new place?
A. If you are renting your condominium, you are entitled to relocation assistance Under
California Health and Safety Code Sections 17975-17975.10. Get in touch with your
landlord if they have not already reached out. It is your responsibility to collect your
relocation payment directly from your landlord. If they do not provide you with
relocation assistance, you should contact an attorney as soon as possible.
Q. I need help finding a place to rent.
A. The County of Los Angeles has a free online searchable database with listings for all
types of rentals, including affordable and emergency https://housing.lacounty.gov/. If
you need help searching for listings, you can call (877-428-8844) Monday-Friday, 6 a.m. -
5 p.m. Dial 7-1-1 for TTY. If you are a Section 8 participant, you can contact the Los
Angeles County Development Authority at (626) 262-4511 to obtain a list of available
rentals that match their rent range.
Q. When can I return to my condominium?
A. At this time, it is unknown when you will be allowed to return to your condominium. The
engineer must first complete a thorough assessment of each building. The City,
homeowners association and condominium management company will keep owners
and tenants apprised of the engineer’s findings. You should plan to reside in alternative
housing for a minimum of several weeks.
Temporary Evacuations of Apartment Complex Q&A
Prepared for City staff for Informational Purposes Only
Page 3 of 4
LEGAL
Q. Can the City provide me legal assistance?
The City cannot provide legal advice to private individuals. The services of a licensed attorney at
should be consulted for any legal questions or concerns. The State Bar of California maintains a
directory of Certified Lawyer Referral Services that are managed by a variety of associations,
legal service programs, and other organizations. The directory is available by visiting
www.calbar.ca.gov/lrs or calling (866) 44-CA-LAW (866-442-2529). If you cannot afford a lawyer,
you may be eligible for free or low-cost services from legal aid groups that include:
Legal Aid Foundation of Los Angeles
www.lafla.org
Asian Americans Advancing Justice
https://advancingjustice-la.org/
Bet Tzedek Legal Services
www.bettzedek.org
Los Angeles Center for Law and Justice
www.laclj.org
Los Angeles County Bar Association Projects
www.lacba.org
STAYING INFORMED
Q6. How can I get a copy of the engineer’s report?
A. All Diamond Bar Village Apartment tenants and property owners may request a copy of
the engineer’s report by contacting the Association’s manager, Yvette Marie Allen, at
DBV@avalonweb.com or (951) 746-8519.
Q7. How can I stay informed?
A. The HOA will be sending updates to all condominium tenants and property owners
through its mobile app, which is available for download on its website at
www.DiamondBarVillageHoa.com.
Temporary Evacuations of Apartment Complex Q&A
Prepared for City staff for Informational Purposes Only
Page 4 of 4
QUESTIONS AND CONCERNS – WHO TO DIRECT CALLS TO
CITY JURISDICTION
Raymond Tao l Building Official ext. 7021 or Greg Gubman | Community Development Director
ext. 7031
Calls regarding the Notice and Order and appeal process
The Village at Diamond Bar HOA|(951) 746-8519 | DBV@avalonweb.com
Questions related to the progress on the structural engineer’s evaluation, and all HOA
matters, including dues.
LANDLORD-TENANT ISSUES
Advise callers to reach out to their landlord for all questions or concerns about rent,
relocation assistance, security deposits, lease terminations, and other landlord/tenant
issues.
LEGAL MATTERS
The City cannot provide legal advice, mediate or resolve tenant/landlord disputes. See
question on legal assistance for information about local attorney referral/legal aid
services.
9/30/2021
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: <INSERT MAIL MERGE>
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 Building 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 waiver 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 request for
appeal with the City’s Building Official setting forth your grounds for such appeal within 10 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 your 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 area, 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.
1628264.1
September 30, 2021
DO NOT ENTER
UNSAFE TO OCCUPY
It is a Misdemeanor for any Person to Occupy or to Enter This
Building or any of the 2nd Floor Residential Units Located at 23601
through 23665 Golden Springs, Diamond Bar, CA
Cal. Building Code §116 & Uniform Housing Code §1103 as adopted by Diamond Bar
Municipal Code, Title 15
Community Development Department - Building & Safety Division
It is unlawful to remove or deface this sign.
Date Building Official
1628270.1
September 30, 2021
LIMITED ENTRY
City of Diamond Bar
Community Development Department
Building & Safety Division
OWNER/OCCUPANT MAY ENTER AT OWN RISK
AND ONLY TO REMOVE PROPERTY FROM:
1st Floor Residential Units of Buildings Located at 23601 through
23665 Golden Springs
Cal. Building Code §116 & Uniform Housing Code §1103 as adopted by Diamond Bar
Municipal Code, Title 15
It is unlawful to remove or deface this sign.
Date Building Official