Board of Examiners, Appeals and Condemnation

City of Long Beach 333 West Ocean Boulevard Long Beach, CA 90802 Meeting Minutes Monday, July 21, 2014 2:30 PM Code Enforcement Conference Room 100 W. Broadway, Ste. 400 Long Beach, CA 90802 Board of Examiners, Appeals and Condemnation Jim Thompson, Chairman Diane Arnold, Vice-Chairman Anne Fitzpatrick, Member Michael Hamilton, Member Michael McCarthy, Member Angela Reynolds, Board Secretary CITY OF LONG BEACH MONDAY, JULY 21, 2014 BOARD OF EXAMINERS, CODE ENFORCEMENT CONFERENCE ROOM APPEALS AND 100 W. BROADWAY, STE. 400 CONDEMNATION MINUTES LONG BEACH, CA 90802, 2:30 PM REGULAR MEETING - 2:30 P.M. Chairwoman Fitzpatrick opened the hearing at 2:37 p.m. CALL TO ORDER ROLL CALL Commissioners Diane L. Arnold, Michael W. McCarthy, Jo Anne Fitzpatrick, Jim Present: Thompson and Michael Hamilton Commissioners Eric Witten Excuse: SWEARING OF WITNESSES Chairwoman Fitzpatrick asked for all people in the audience who plan to give testimony to please stand, raise their right hand and they were sworn in by Myeesha Ayala. APPROVAL OF THE MINUTES FROM MAY 19, 2014 AND JUNE 16, 2014 It was moved by Board Member Thompson and seconded by Board Member Hamilton to approve the minutes for May 19, 2014 as submitted. The motion carried 3-2, Board Member Arnold and Board Member McCarthy abstained. It was moved by Board Member Hamilton and seconded by Board Member Arnold to approve the minutes for June 16, 2014 as submitted. The motion carried 3-2, Board Member McCarthy and Board Member Thompson abstained. CASES TO BE HEARD Page 1 of 4 CITY OF LONG BEACH MONDAY, JULY 21, 2014 BOARD OF EXAMINERS, CODE ENFORCEMENT CONFERENCE ROOM APPEALS AND 100 W. BROADWAY, STE. 400 CONDEMNATION MINUTES LONG BEACH, CA 90802, 2:30 PM 1 CASE NO. C - 7847-07-14: 5351 OLIVE AVENUE, ALBEIRO AND ESTELA ARBOLEDA, Owners, Proj. No. CEGC209152, Council Dist. 8 Tenant Relocation Appeal Case Chairwoman Fitzpatrick called for the owner or representative to appear before the Board and Albeiro Arboleda, owner of the property, 9766 Ben Hur Ave, Whittier, CA 90604, Scott Calhoun, friend of the tenant, and Marlene Concha, tenant, both at 1626 W. Esther Street, Long Beach, CA 90813, appeared. It was moved by Board Member McCarthy and seconded by Board Member Arnold to adopt the findings as follows: The witnesses presented by the Landlord and the Tenant were in fact, credible. The Landlord was the owner of the property in question at the time of the Code Enforcement inspection of May 20, 2014. Landlord knew, or should have known, that the unit in question was not fit for human habitation, and was, in fact, a garage/unpermitted unit that had been illegally converted for dwelling purposes. That Chapter 18.25 of the Long Beach Municipal Code requires the payment of Tenant Relocation Benefits by a landlord/property owner when a space, not otherwise suited for dwelling purposes, has been illegally converted and rented for such purposes and is occupied in violation of Chapter 18.25. The Landlord and tenant did not have a Landlord/Tenant relationship on May 20, 2014. The Landlord did not permit Tenant to occupy the illegally converted garage/unpermitted unit at the time of the Code Enforcement inspection on May 20, 2014. After reviewing the testimony of all of the witnesses and all of the evidence presented by each party, the Board finds that the Landlord does not owe Tenant Relocation benefits. Based upon the foregoing, the Landlord's appeal is hereby granted, and the tenant is denied Tenant Relocation Benefits. The motion carried 4-1, Board Member Hamilton opposed. Page 2 of 4 CITY OF LONG BEACH MONDAY, JULY 21, 2014 BOARD OF EXAMINERS, CODE ENFORCEMENT CONFERENCE ROOM APPEALS AND 100 W. BROADWAY, STE. 400 CONDEMNATION MINUTES LONG BEACH, CA 90802, 2:30 PM 2 CASE NO. C-7848-07-14: 1040 APPLETON STREET, PAULA ELIAS, Owner, Proj. No. CEAC204564, Council Dist. 2 Administrative Citation Appeal Case Chairwoman Fitzpatrick called for the owner or representative to appear before the Board and Jerome D. Stauk, Owner’s Attorney, 540 N. Golden Circle Ste. 203, Santa Ana, CA 92705 and Paula Elias, Owner, 627 Pine Ave, Long Beach, CA 90802, appeared. Staff indicated that as per recent inspection, the property remains in violation. It was moved by Board Member McCarthy and seconded by Board Member Hamilton to adopt the findings as follows: The witnesses presented by the City were, in fact, credible. The witnesses presented by the Property Owner were, in fact, credible. The Property Owner, as the property owner of record, is the responsible party for the cited violations. After reviewing the testimony of the witnesses and all the evidence presented by each party, the Board finds that the cited violations did exist on the date the citation was issued. Based upon the foregoing, the appeal is hereby denied. The motion carried unanimously. OPPORTUNITY FOR PUBLIC COMMENTS NEW OR UNFINISHED BUSINESS Elections: Chairwoman Fitzpatrick nominated Jim Thompson as the Chairman of the Board. Board member Thompson accepted the nomination. Chairwoman Fitzpatrick nominated Diane Arnold as Vice-Chairwoman of the Board. Board member Arnold accepted the nomination. The nominations of Jim Thompson as Chair and Diane Arnold as Vice-Chair carried unanimously SET DATE FOR NEXT HEARING: AUGUST 18, 2014 MOTION FOR ADJOURNMENT It was moved by Board Member McCarthy and seconded by Board Member Thompson that the hearing be adjourned at 5:02 p.m. The motion carried unanimously. Page 3 of 4 CITY OF LONG BEACH MONDAY, JULY 21, 2014 BOARD OF EXAMINERS, CODE ENFORCEMENT CONFERENCE ROOM APPEALS AND 100 W. BROADWAY, STE. 400 CONDEMNATION MINUTES LONG BEACH, CA 90802, 2:30 PM Note: A digital recording of this meeting will be available in the Code Enforcement Division. The City of Long Beach provides reasonable accommodations in accordance with the Americans with Disabilities Act of 1990. If a special accommodation is desired, or if an agenda is needed in an alternative format, please call the Code Enforcement Division, 48 hours prior to the meeting at (562) 570-6796 or (562) 570-6793 (telecommunications device for the deaf). Page 4 of 4