HomeMy WebLinkAboutD-5 Staff Report Business License Suspension Revolver Hearing .
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AGENDA ITEM
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: ROY E. BRUCKNER, COMMUNITY DEVELOPMENT DIRECTOR
VIA: RICK COLE, CITY MANAGER
DATE: JUNE 2, 2003
SUBJECT: BUSINESS LICENSE SUSPENSION/REVOCATION HEARING FOR
"GRUPA "Y ACCION"" AT 739 W. GLADSTONE STREET
RECOMMENDATION
It is recommended that the City Council revoke the business license based on
fraudulent representations and operating a Drug and Alcohol Institutional
Facility without state or local permits.
Business Owner(s): Acpuilino H. Noyola
12214 Klingerman Street
El Monte, CA 91732
Ruby Ramirez
6033 5th Street
La Puente, CA 91746
BACKGROUND
On April 30, 2003, the Community Improvement Division was contacted by
Fire Inspector, Jerry Cantu, Los Angeles County Fire Department, concerning a
hazardous commercial occupancy at 739 W. Gladstone St. Inspector Cantu
advised that the Fire Department had discovered that approximately 30 men
were being locked inside a commercial building operating as a alcohol and drug
abuse rehabilitation center, and requested that the City of Azusa Building
Inspector, and Code Enforcement meet with him at 739 W. Gladstone St., at
:30 pm on April 30, 2003, to conduct an interior inspection. This inspection
was conducted by Mr. Robb Keyes, Deputy Building Official, Mr. Sye Matins,
Community Improvement Inspector, Mr. Andrew Cawte, Business License Field
Enforcement Officer, and Ofc. Tom Montague, Community Improvement
Officer. 1 //�
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Upon gaining entry to the business with the consent of Mr. Julio Sanchez,
Manager for "Grupo "Vida Y Accion"", the inspection revealed that
approximately 30 young men were being housed in a locked down environment
to undergo drug and alcohol detoxification for up to 90 days. Upon making
entry one of the men saw the front door open and attempted to leave the
location and was stopped by Mr. Sanchez who quickly locked the exterior
metal door. Upon observing this, Ofc. Montague advised Mr. Sanchez that if he
did not allow the person to leave the building he could be charged with
"Unlawful Imprisonment". Upon being informed that he could be charged with
a crime, Mr. Sanchez again unlocked the front door and the male adult quickly
fled the location followed by 4 other male Hispanic adults that were inside the
building. When asked about the business, Mr. Sanchez advised that the
business had contracts with families wherein men were brought to the location
for drug and alcohol detoxification. Mr. Sanchez went on to advise that the
company operated the same type of facilities in El Monte, Baldwin Park, and La
Puente.
The interior inspection revealed that all low windows were boarded-up from the
inside, and all high windows were painted over. Staff also found open cabinets
with personal belongings and suitcases stacked in a room, along with ad hoc
kitchen facilities, large quantities of food stacked throughout the building, and
unsanitary\inadequate restroom facilities. Staff also observed men sleeping on
the floor with vomit buckets lying next to them.
The business operators obtained a business license to operate an office
location to conduct Alcoholics Anonymous meetings and failed to disclose that
they would be housing 30 or more individuals for up to 90 days in a locked
down environment (copy of Business License Application attached).
Based on the above, and a review of licensing records, the facility was found to
be operating as an "1-3" (Institutional Detention Facility)", without a State
License, and without city approvals. The Manager of the facility was ordered to
cease operating, and the Business License to operate an Alcoholics Anonymous
meeting location was suspended pending a timely appeal by the business
owner, the building was posted as an "Unlawful Occupancy". A request to
investigate the business was made with the California Department of Health
Services "Department of Alcohol and Drug Programs", after it was determined
that the facility and operators were not licensed by the state, as required in
§11834.01 Health and Safety Code (copy attached).
From a local land use standpoint, the use would be defined as a "Drug Abuse
Recovery/Treatment Facility" permitted in a "C-3" Zone or higher with a
Conditional Use Permit. In this instance the use exists in a "C-2" Zone and is
not a permitted use in this zone.
Staff has also attached "Declarations" from Mr. Robert Keyes, Deputy Building
Official, Mr. Sye Malins, Community Improvement Inspector, and Mr. Andrew
2
Cawte, Business License Field Enforcement Officer, along with a copy of the
"Los Angeles County Fire Department Inspection Report" prepared by Mr. Jerry
Cantu, Fire Inspector. Staff has also attached 8 digital photographs depicting
the business operation as found on April 30, 2003.
FISCAL IMPACT
Revocation of the business license would result in a loss of $90 per year in
business license revenue.
3
This is a group of alcoholics anonymous that is in charge of helping people with problems
with alcohol and drug abuse.
The process is as follows: By providing intensive psychotherapy meetings during different
hours beginning at 8:00 a.m. until 12:00 midnight. This information is presented to those
people that find themselves out on the street suffering from this disease.
We count on the support of a public relations committee whose responsibility is to take this
information to different locations such as churches, clinics, bus stops,parks, and areas where
there are large groups of people present. We also help people that have a court order to enter
into a program.
Our goal is to focus on areas where there is more of a need and bring people in off the street
and provide the help they need, including taking them to the hospital if necessary
Our group has stayed opened thanks to the efforts and contributions of each and every one of
our members.
Included is a list of the members of our group. We all have been rehabilitated thanks to this
group and we are anxious to provide the same type of help that we have received.
This is why we have given ourselves the task to help the City of Azusa and try to keep this
city free of people that suffer from the diseases of alcoholism and drug addiction.
On behalf of the group(Life and Action)we appreciate the support of the City Council of
Azusa.
BUSINESS LICENSE SUSPENSION/REVOCATION APPEAL FORM
OWNER(S) Age.1/4//s_70 /4046. -
ADDRESS 722/4 4--2_//t/G6-7 .-.e0,4,U S7, 672./110,4,/-6.5"_ - x/75 a
PHONE NUMBER (HOME) (-(r) 8/- 2-C.57 (WORK)
CELLULAR NUMBER(/1) 2/J" 277J E-MAIL ADDRESS
CITY CASE NUMBER C‘1.3.- 2' e- 3-(`1 p ASSESSOR'S NUMBER o 6 I y 42�a-Ose
GROUNDS FOR APPEAL: (Note: Specific reasons for appeal and copies of any supporting evidence are required).
This is a group of alcoholics anonymous that is in charge of helping people with problems
with alcohol and drug abuse.
The process is as follows:By providing intensive psychotherapy meetings during different
hours beginning at 8:00 a.m.until 12:00 midnight. This information is presented to those
people that find themselves out on the street suffering from this disease.
we count on the support of a public relations committee whose responsibility is to take this
information lu diffcieut locations Such as GlituClies,clinics,bus stops,parka,ai1J c&cas where
into a program.
Our goal is to forts on areas where tberP is*pore of a neM and hring people in off the ctreet
and provide the help they need,including taking them to the hospital if necessary
Our group has stayed opened thanks to the efforts and contributions of each and every one of
our members.
Included is a list of the members of our group. We all have been rehabilitated thanks to this
group and we are anxious to provide the same type of help that we have received.
This is why we have given mu selves the task to help the City of A.usa and by to keep this
city free of people that suffer from the diseases of al'oholismand drug addiction
_On hehalf of the group(T.ife and Action)we appreciate the support of the City Council of
Azusa.
/_ -7
APPEAL FILED WITH CITY CLERK ON: 'S/3/0 3
COUNCIL HEARING DATE SET FOR: 4/o,O
OWNER NOTIFIED OF HEARING DATE ON: JT//3/03
40' "7\4" 164i
CITY CLERK'S OFFICE STAFFMBER
(10-7711,-
CA Codes(hsc:11834.01-11834.18) Page 1 of 3
HEALTH AND SAFETY CODE
SECTION 11834.01-11834.18
11834.01. The department has the sole authority in state government
to license adult alcoholism or drug abuse recovery or treatment
facilities.
(a) In administering this chapter, the department shall issue new
licenses for a period of two years to those programs that meet the
criteria for licensure set forth in Section 11834.03.
(b) Onsite program visits for compliance shall be conducted at
least once during the license period.
(c) The department may conduct announced or unannounced site
visits to facilities licensed pursuant to this chapter for the
purpose of reviewing for compliance with all applicable statutes and
regulations.
11834.02. (a) As used in this chapter, "alcoholism or drug abuse
recovery or treatment facility" or "facility" means any premises,
place, or building that provides 24-hour residential nonmedical
services to adults who are recovering from problems related to
alcohol, drug, or alcohol and drug misuse or abuse, and who need
alcohol, drug, or alcohol and drug recovery treatment or
detoxification services.
(b) As used in this chapter, "adults" may include, but is not
limited to, all of the following:
(1) Mothers over 18 years of age and their children.
(2) Emancipated minors, which may include, but is not limited to,
mothers under 18 years of age and their children.
(c) As used in this chapter, "emancipated minors" means persons
under 18 years of age who have acquired emancipation status pursuant
to Section 7002 of the Family Code.
(d) Notwithstanding subdivision (a) , an alcoholism or drug abuse
recovery or treatment facility may serve adolescents upon the
issuance of a waiver granted by the department pursuant to
regulations adopted under subdivision (c) of Section 11834.50.
11834.03. Any person or entity applying for licensure shall file
with the department, on forms provided by the department, all of the
following:
(a) A completed written application for licensure.
(b) A fire clearance approved by the State Fire Marshal or local
fire enforcement officer.
(c) A licensure fee, established by the department in accordance
with Section 11834.15.
11834.09. (a) Upon receipt of a completed written application, fire
clearance, and licensing fee from the prospective licensee, and
subject to the department's review and determination that the
prospective licensee can comply with this chapter and regulations
adopted pursuant to this chapter, the department may issue a single
license to the following types of alcoholism or drug abuse recovery
or treatment facilities:
(1) A residential facility.
(2) A facility wherein separate buildings or portions of a
http://www.leginf.../displaycode?section=hsc&group=11001-12000&file=11834.01-11834.1 5/19/2003
CA Codes(hsc:11834.01-11834.18) Page 2 of 3
residential facility are integral components of a single alcoholism
or drug abuse recovery or treatment facility and all of the
components of the facility are managed by the same licensee.
(b) Failure to submit a completed written application, fire
clearance, and payment of the required licensing fee in a timely
manner shall result in termination of the department's licensure
review and shall require submission of a new application by the
prospective licensee.
(c) Failure of the prospective licensee to demonstrate the ability
to comply with this chapter or the regulations adopted pursuant to
this chapter shall result in departmental denial of the prospective
licensee's application for licensure.
11834.10. A licensee shall not operate an alcoholism or drug abuse
recovery or treatment facility beyond the conditions and limitations
specified on the license.
11834.15. (a) The department shall calculate and establish the fee
for initial licensure and for extension of the period of licensure.
The nonrefundable licensing fee shall be calculated every two years
in an amount sufficient to cover the department's cost in
administering the licensure under this chapter for other than
nonprofit organizations and local governmental entities. No fee
shall be levied for licensure of nonprofit organizations or local
governmental entities.
(b) The department may assess civil penalties in accordance with
Sections 11834.31 and 11834.34.
11834.16. A license shall be valid for a period of two years from
the date of issuance. The department may extend the licensure period
for subsequent two-year periods upon submission by the licensee of a
completed written application for extension and payment of the
required licensing fee prior to the expiration date shown on the
license. Failure to submit to the department the required written
application for extension of the licensing period, or failure to
submit to the department the required licensing fee prior to the
expiration date on the license, shall result in the automatic
expiration of the license at the end of the two-year licensing
period.
11834.17. No city, county, city and county, or district shall adopt
or enforce any building ordinance or local rule or regulations
relating to the subject of fire and life safety in alcoholism and
drug abuse recovery facilities which is more restrictive than those
standards adopted by the State Fire Marshal.
11834.18. (a) Nothing in this chapter shall authorize the
imposition of rent regulations or controls for licensed alcoholism or
drug abuse recovery or treatment facilities.
(b) Licensed alcoholism and drug abuse recovery or treatment
facilities shall not be subject to controls on rent imposed by any
state or local agency or other local government or entity.
http://www.leginf.../displaycode?section=hsc&group=11001-12000&file=11834.01-11834.1 5/19/2003
739 W. Gladstone Street, Azusa. April 30, 2003
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Re: Public Nuisance Hearing for 739 W. Gladstone St., May 28, 2003, 9:00 a.m.
W c�
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o_' N PISA
To: Sye L. Matins, Community Improvement Inspector rnm
FAX: 626-334-5464 z,-
The owner of the aboveP roperty, George Pegadiotes, is on vacation N
Greece, he left on April 15 and will return at the end of July. I, Dena-Tripod'es,
his daughter, spoke with him on the phone on May 26`h. He was appalled with
the situation as relayed to him. He said they misrepresented their organization,
he understood his tenant was to conduct counseling sessions. The tenant will
be notified that he is breaking his lease agreement by operating without the
proper city permit and will be evicted if this matter is not rectified.
• George Pegadiotes has owned Valley Super Burgers in Azusa for almost
20 years. He is strongly opposed to any unauthorized businesses and wants
this matter resolved as quickly as possible.
Sincerely,
444.41(Z
Dena Tripodes
626-799-4735
Or-ie ;,TY OF AZUSA .1N .-., OFFICE USE ONLY
G P.O. Box 11395 X7/1 . aou�uwceNa;- � ii-� • ,,� �P": Air
'*' 213 E oothill Blvd.,Azusa,CA 91702-1395 C
• +•4 ..
y r Mn: Business License Division-(626)812-5249 " R} t ` "�(�-�
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azus euairl r i ,, a ;. r
BUSINESS LICENSE APPLICATION oaao48. *r"' / • 3440
' kgou for doing EXPIRATION GATE: .--17j " •.V , , TE. • •
turn=in Azusa Please Type or Print in Block Letters ._—
t. a •If your business activity in Azusa involves the use
Business Name nQ Vii I D& Y 4cciO'\} belof hleles, please list vehicle license numbers
I ‘22ci •
Corporate Name 4.L-Gp44.0 f_I C-Q 5 4,)V cD IQ I "\ a - 1. 4.
(it applicable)
Business LocationI Vv. (ti ia.. 40n€.. 4. 4 .0 1 CA - CC)70'L . 2. 5.
( ann t be P.O.Box per State of California Business 8 Professions Code-Section 17538.5) 3. 6.
Mailing Address 73 y\/��. G LrS S •Ownership 0 Corporation 0 Corp-Ltd Liability
7 ,D ]-Q N �' 0 Partnership 0 Ltd Partnership
--\Sv Zo C.& - cifi T02 • U Trust Sole Proprietor
i f
Description of Business C� rrt fi�.1 Ini-� 6 0ce j — Start Date +0 OZ
r (LNPhone No.
State License No. Resale No. Fax No.
State Lic.Type Federal ID No. APN#
Expiration Date State ID No. Email Address
Enter below names of Owners, Partners, or Corporate Officers.
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1st Owner Name C 1 C_1 NiQ 44 • N C `'rt Title 4( . Driver's Lic.# A - 7 c 7 Z f v 7
Address 12214 f ,(._.l /06 c tm.k,: �_ T Soc.Sec.# _ -
(Cannot be P.O.Box) ,E_Mo 12,7e"1 Cb — 11 -7g'2/* Phone No. I 27 J 7 S,j
(� Cell Phone# ((� ) 2I S•+ 7S .
2nd Owner Name 9 e-)b 'R QY3')1 QL$� • Title Driver's Lic.# g- 64(41 76 3
Address (-t'3 . .-1-11 Sl/ , Soc.Sec.#
-
(Cannot beP.o.Box) U 14)4...01'4.
I Cd - 6)) 044 Phone No. (Gzet) 6/6'6 -�/-fl
Cell Phone#
In case of emergency, please contact:
Contact Name t Ee G� L_ E.c2 . (&c(.00OS A�T)N)b20)hone No. (�2�if/2 —)04? .
Address ) a33.5 IL). 'Dun-Flea. -Au.
I Morr t , x4 - JI73? -
Alarm Service.
Contact Name — Phone No.
Address .
If you are renting theemabove business location in Azusa, please complete this section:
Landlord Name CpP1�6 1 r2 O TaS- Phone No. (Go) St-CLZ-®O -°
Address
NOTE: Sales or use tax may apply to SEE BACK OF FORM FOR TAX AMOUNTS.
your business activities. You may seek ENTER NUMBER OF EMPLOYEES, AMOUNT Application Fee $ 113.00
written advice regarding the application OF TAX AND TOTAL DUE IN BOXES AND
of tax to your particular business by SIGN. A �,,
writing to the nearest State Board of Amount of Tax S (p -
Equalization office. For general No.of
information, please call the Board of Employees
Equalization at 1-800-400-7115. Total Due a 2v3 ,�
I declare, under penalty of perjury that the statements and information contained in this application is true and correct to the best of my knowledge
and belief. I agree to conform with all requirements of zoning,building,fire and all other applicable laws, ordinances and regulations pertaining to the
operating of such business. Furthermore, I agree to notify the City of a Business License Division within TEN(10) days of any change in the
facts stated herein(change of ownership,address,operation, )or an er facts required by this application.
X- -"Pe/
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Signature of Owner or Representative: �i� X- cf --- Date: 13/241/29"
RETURN APPLICATION TO ABOVE ADDRS AND MAKE CHECK PAYABLE TO CITY OF AZUSA.
Printed 10/7/2002:2:33 pm
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SECTION# TYPBSI F BUSTI EASES, ,,, :_ , L, . , :...1$c,
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A. 18-691 Sale Iinufa f&rer,�fhblesa_1_e.= e�1 $ 9(100 fbr: Of less employee
Services,Professionals `' or more .�
$150.00 for
18-695 Laundromats(in-city)
18-705 Hospitals, Rest Homes
18-61 Motion Picture Theaters
I`fin u.l,"!-`...'+6!..{i:�� � -«,
B. 18-697 Swap Meet $125.00 per year
-.6:°'i$-699 •;:s';'47..Warehouse
• • The measure of gross receipts shall be the estimated annual warehouse inventory
value times the estimated annual turnover rate. If actual value of merchandise shipped
annually is available,that will be used as the measure of gross receipts.
D. 18-741 Mobile Home Parks $ 24.00 for the first 3 units + $12.00 for
each additional unit over 3
E. 18-701 Motels $350.00 base fee + $1.00 per $1,000 of
gross receipts
F. 18- 1166 Commercial Solicitors $ 15.00 per day/$30.00 per week/$75.00 per -
month/$300.00 per year
G. For Delivery or Pick-up within Azusa(outside company)remit:
18- 1206 Vehicles for Hire $65.00 per vehicle (maximum fee$180.00)
18- 1207 Oil Trucks $65.00 per vehicle
18- 1208 Hauling, Delivery& Pick-up $65.00 per vehicle
18- 1209 Ice Cream Trucks $75.00 per vehicle
18-695 Laundry Pick-up&Delivery $100.00 per vehicle
H. 6- 1 Outdoor Advertising BILLBOARDS - $70.00 + $.14 per square
foot- list locations.
I. 18- 1071 Sidewalk Benches $ 60.00 +$6.00 per bench -list locations.
J. 6-56 Handbill Distribution $ 10.00 per day or$40.00 per year
DECLARATION OF
ROBERT P. KEYES
I,Robert P. Keyes,hereby declare as follows:
1. I am the Deputy Building Official for the City of Azusa, and have held this position for the
entire period relevant to this declaration. I have personal knowledge of the laws and
regulations of the City of Azusa with respect to Building, fire and other laws and regulations
relating to the public health and safety.I have been duly authorized to inspect and enforce the
provision of the City of Azusa Municipal Code and the State Building Codes.
2. On April 30, 2003, Dave Rudisel, the Community Improvement Manger for the City of
Azusa informed me that the Los Angeles County Fire Department filed a complaint about
people being locked inside a building located 839 West Gladstone Ave. Dave asked me to
participate in a joint inspection of the property at 1:30 P.M. the same day. I arrived at the
property at approximately 1:40 P.M. Officer Tom Montague,of the Azusa Police Department,
Sye Malins,Community Improvement Inspector for the City of Azusa,Andy cowte,�t
Resource Officer for the City of Azusa,Fire Inspector Jerry Cantu of the Los Angles County
Fire Department were already on the property when I arrived.
3. My inspection of the property revealed the following State and local Building Code violations:
a) Un-permitted occupancy. The building is Type Five non-rated construction without fire
sprinklers and was designed and approved for use as a"B"occupancy.The current use is
approved for "Offices and Meeting room". The inspection revealed that the building is
being used as an alcohol treatment facility. The business manager for the facility, Julio
Sanchez stated that intoxicated individuals were dropped off and held in the facility for 90
days. A facility where personal liberties are restrained is classified as an institutional
occupancy(I-3). An I-3 occupancy must be in a building with a minimum of type Five-
One hour construction with fire sprinklers. Operating an I-3 occupancy in this building is
a violation of sections 14-412(6), 14-1 Azusa Municipal Code, 103, 104.2.5 and 106.1 of
the 2001 California Building Code as adopted by section 14-1 of the Azusa Municipal
Code.
b) Locked exits.Every door in the building was locked from the inside,requiring a key to get
out of the building. This practice is a life safety hazard in any occupancy,but particularly
hazardous when there are incapacitated people sleeping in the building.In any occupancy,
all exit doors must be unlocked, or be openable from the inside without the use of key,
special tool or knowledge.Locked exits are a violation of sections 14-412(6), 14-1 Azusa
Municipal Code, 1001.1, 1003.1 and 1003.3.1.8 of the 2001 California Building Code as
adopted by section 14-1 of the Azusa Municipal Code.
1
c) Inadequate ventilation. The building lacks a mechanical ventilation system and all of the
windows in the building were obstructed with plywood preventing natural ventilation.
Inadequate ventilation is a violation of sections 14-412(6), 14-1 Azusa Municipal Code,
1201 and 1202.2.1 of the 2001 California Building Code as adopted by section 14-1 of the
Azusa Municipal Code.
d) Un-permitted and hazardous electrical wiring.Throughout the building there are extension
cords being used as permanent wiring, exposed wire splices,broken box covers. These
are all fire hazards and prohibited by sections 14-412(6), 14-1 Azusa Municipal Code,
300-15(a),370-25 and 400-7,of the 2001 California Electrical as adopted by section 14-1
of the Azusa Municipal Code.
e) Un-permitted and un-sanitary plumbing.The kitchen sink and bathroom plumbing fixtures
were all added or altered without permits. The installations are unsanitary and pose an
immediate health hazard. The plumbing installations violate sections 14-412(6), 14-1
Azusa Municipal Code, 101.4, 101.5, 101.5.4,102.3.1, 102.3.2 103.1.1 and 211 of the
2001 California Plumbing Code as adopted by section 14-1 of the Azusa Municipal Code.
4. I left the property at approximately 2:10 P.M.and returned at approximately 4:00 P.M.to post
the building. The building was posted as an "Unlawful Occupancy" and the tenants were
ordered to immediately cease using the building for a non-permitted use and occupancy.
I have personal knowledge of the foregoing facts and am competent to testify to the truth of the facts,
if called upon as a witness,. rz,
EXECUTED on this day of May 2003, at Azusa, California.
v /
Robert P.Keyes
Deputy Building Official
City of Azusa
2
DECLARATION OF
SYE L. MALINS
Subject: Inspection of 739 W. Gladstone Avenue, Azusa, California 91711
I, Sye L. Malins, hereby declare as follows:
1. I am a Community Improvement Inspector for the City of Azusa,and have held this position
for the entire period relevant to this declaration. I have personal knowledge of the laws and
regulations of the City of Azusa with respect to building, fire, zoning codes and other laws
and regulations relating to the public health and safety. I have been duly authorized to
inspect and enforce the provisions of the City of Azusa Municipal Code and the State
housing Laws.
2. On April 30,2003,I inspected the property at 739 W. Gladstone Avenue,Azusa,California,
91702, with Inspector Jerry Cantu of the County of Los Angeles Fire Department, Police
Officer Tom Montague of the Azusa Police Department, Robert Keyes, Deputy Building
Official with the City of Azusa and Andrew Cawte,Business Resource Officer for the City of
Azusa as a result of a complaint received from the Los Angeles County Fire Department that
people are being locked inside the building a night and not allowed to leave. Authority to
enter on the property, into the building and to take photographs of the exterior and interior
was obtained by Officer Tom Montague from the business manager Julio Sanchez. The
property at 735 - 739 W. Gladstone Avenue is a multiple occupied office building in a C2
commercially zoned area. Unit 739 is now occupied by a business called Grupo Vida Y
Accion.
3. During my inspection of the property at 739 W. Gladstone Street on April 24, 2003, I
observed the following State, Building and Azusa Municipal Code violation:
A. Unlawfully occupying a building when exit doors do not operate from the inside
without the use of a key in violation of Sections 14-412(1)(6), 14-1 Azusa Municipal
Code, 103, 1003.3.1.8 California Building Code(2001 Edition)as adopted in Section
14-1 Azusa Municipal Code.
B. Inadequate exits constituting a danger to human life in violation of Sections 14-
412(1)(6)(11), 14-1 Azusa Municipal Code, 1001.12 Uniform Housing Code 1997
Edition)as adopted in Section 14-1 Azusa Municipal Code and 17920.3(1)California
Health and Safety Code.
Page 1 of 3
C. Unpermitted kitchen facilities in the building in violation of Sections 14-412(1)(6),
14-1 Azusa Municipal Code, 106.1 California Building Code (2001 Edition) as
adopted in Section 14-1 Azusa Municipal Code. '
D. Unpermitted bathroom facilities in violation of Sections 14-412(6), 14-1 Azusa
Municipal Code, 103.1.1 California Plumbing Code (2001 Edition) as adopted in
Section 14-1 Azusa Municipal Code.
E. No ventilation in bathroom in violation of Sections 14-412(6), 14-1 Azusa Municipal
Code, 1203.3 California Building Code (2001 Edition) and 1001.2(7) Uniform
Housing Code as adopted in Section 14-1 Azusa Municipal Code and 17920.3(a7)
California Health and Safety Code.
F. Business License obtained under fraudulent representation in violation of Section 18-
21(a3)Azusa Municipal Code.
G. Lack of adequate heating facilities in violation of Section 14-412(1)(6)(11), 14-1
Azusa Municipal Code, 1001.2(6)Uniform Housing Code(1997 Edition)as adopted
in Section 14-1 Azusa Municipal Code and 17920.3(a6)California Health and Safety
Code.
H. Hazardous electrical wiring in kitchen area in violation of Section 14-412(1)(6)(11),
14-1 Azusa Municipal Code, 1001.5 Uniform Housing Code (1997 Edition) as
adopted in Section 14-1 Azusa Municipal Code and 17920.3(d)California Health and
Safety Code.
I. Windows throughout facility covered with wood limiting the minimum amounts of
natural light in violation of Section 14-412(6)(11), 14-1 Azusa Municipal Code,
1001.2(8)Uniform Housing Code(1997 Edition) as adopted in Section 14-1 Azusa
Municipal Code and 17920.3(a8) California Health and Safety Code.
J. The property constitutes a fire hazard by restricting the ability to use the exits in
violation of Sections Section 14-412(1)(6)(11), 14-1 Azusa Municipal Code, 1001.9
Uniform Housing Code(1997 Edition)as adopted in Section 14-1 Azusa Municipal
Code and 17920.3(a6) California Health and Safety Code.
K. Unpermitted use as a Drug Abuse Recovery/Treatment Facility(as defined in Section
88-1955 Azusa Municipal Code)in a C2 zone in violation of Sections 14-412(6),88-
35 and Section 88 Appendix A, Azusa Municipal Code.
The high potential of fire danger to human life and violations of State and local health codes,
building codes and zoning codes leads me to believe this is a hazard to the residents and a blite on
the community.
Page 2 of 3
I have personal knowledge of the foregoing facts and am competent to testify to the truth of the facts,
if called upon as a witness.
I declare under penalty of perjury that the foregoing is true and correct.
EXECUTED on this / day of May, 2003,at Azusa, California.
Sye L. Malin
COMMUNITY IMPROVEMENT INSPECTOR
CITY OF AZUSA
Page 3 of 3
May 1, 2003
AFFIDAVIT OF ANDREW J. CAWTE •
On April 30, 2003 I was requested by Community Improvement Manager David E.
Rudisel to respond to a business at 739 W. Gladstone Street.
Upon my arrival at approximately 1:30pm I met C.I.I. Malins, APD Ofr. Montague and
LA County Fire Dept Engine Co. 152 on the sidewalk outside the business.
Ofr. Montague made contact with manager Julio Sanchez and advised him that we were
there to conduct an inspection brought about by information we had received from the
Fire Department who had inspected the location the previous day. Sanchez allowed us to
enter the building.
Upon entering the building I observed approximately two dozen Hispanic males seated in
the main room listening to a Spanish speaker at the far end of the room. On the east side
of the main room there was a door leading to a separate area which contained a shower
stall and toilet separated from the hallway by only a shower certain for privacy. There
was also a large piece of missing drywall to one side of the shower.
Other rooms contained men sleeping on the floor in sleeping bags. A second room
contained a large "pigeon hole" type rack with numerous sleeping bags and personal
items stored in it. A third room contained men again in sleeping bags guarded by a man
seated in the doorway. This room we were told was the "detox" area where new arrivals
were kept for 2-3 days prior to joining the main group.
At the north side of the building was a large room used as a kitchen. In this room I
observed that the exterior door had an exit sign above it but was locked. A "zip cord"
type extension was used to power a refrigerator. One of the two sinks was blocked. The
faceplate of the garbage disposal was broken, revealing the live electrical wiring within.
The portable fire extinguisher inspection tag had expired.
I also observed that a man was stationed by the front door at all times, apparently to
prevent any of the patrons from leaving while the door was unlocked for our inspection.
All doors to the exterior were locked from the inside, such that keys would be needed to
open them. Two doors on the east side of the building were also sealed around their
edges with duct tape. The front door had no facility for locking from the outside.
After completing our interior inspection we gathered on the sidewalk outside to discuss
our findings. During our discussion I noticed staff attempt to stop four men from exiting
the building. Ofr. Montague immediately counseled manager Sanchez regarding the
definition of kidnapping and advised him that it was illegal to hold anyone in the building
against his or her will.
After discussing our findings we disbursed and resumed our respective duties at
approximately 2:15pm.
' ` COUNTY OF LOS ANGELES
FIRE DEPARTMENT �. /
OFFICIAL INSPECTION REPORT • ENG. CO.I
1320 NORTH EASTERN AVENUE, LOS ANGELES, CALIFORNIA 90063
ADDRESS 1 -21 �J � 6t %?-ON& P.O. Al V S- } DATE 5//1 D 3
BUSINESS NAME =tel -" ) V'1%/4 'I t7 LL ! e)/s3 OCCUPANT NAME / L'L' r' PHONE 8i.7 15.3 7
OCCUPANCY 44"-'!'-0'--!C5 f /1,) 'YJ}j_J BUILDING TYPE EMERGENCY PHONE
n n n n '
u PERMIT REQUIRED L / SPRINKLERED u NO. OF STORIES L_I BASEMENT L_J NO. OF EXITS SQUARE FEET
THE ITEMS CHECKED BELOW ARE VIOLATIONS OF: u THE STATE HEALTH AND SAFETY CODE -1 L.A.COUNTY FIRE CODE,TITLE 32
CITY OF G:= Li 5,2ORD. # �' " )111
L.A.COUNTY BUILDING CODE AND
MUST BE CORRECTED FORTHWITH. FAILURE TO COMPLY WILL RESULT IN LEGAL ACTION. FOLLOW-UP INSPECTION WILL BE MADE IN 212111171-BAYS.
U 1. BUILDING ADDRESS NUMBER: Shall be a minimum of 3" in height and visible from the street. F.C. 901.4.4/Regulation 15.
1._i▪ 2. ACCUMULATION OF WASTE MATERIAL: Accumulation of wastepaper,hay,grass,straw,weeds,litter or combustible or flammable waste,waste petroleum products,
or rubbish of any kind shall not be permitted to remain upon any roof or in any courtyard,vacant lot or open space. All weeds,grass,vines or other growth when same
endangers property,or is liable to be fired,shall be cut down and removed by the owner or occupant of the property. F.C. 1103.2.1.
u 3. FIRE PROTECTION SYSTEMS: All sprinkler systems, fire hydrant systems,fire alarm systems,standpipe systems, smoke removal systems and other fire-protective
systems and appliances shall be maintained in an operative condition at all times. F.C. 1001.5.1.
n
u 4. FIRE EXTINGUISHERS: F.C. 1002.1.
n
u Provide U.L. approved rated fire extinguisherlsl to be located
u Re-service fire extinguisherlsl. These(this)appliances must be serviced by a licensed fire extinguishing company. Title 19, C.C.R./F.C. 1001.5.1.
u 5. EXIT SIGN: Shall be provided at every required exit doorway. Signs shall be with letters at least 6"high. Directional arrows and signs are required where necessary.
F.C. 1212 3.
Li 6. EXIT DOORS: All required exits which are used or intended to be used at any time for human occupancy shall be maintained openable from the inside without the use
of a key or special knowledge or effort. F.C. 1207.3.
Exit Aisles -In every portion of a building or area where seats,tables, merchandise, equipment or similar materials are installed, required aisles shall be
maintained free of all obstructions. F.C. 1203.
u 7. HOUSEKEEPING:.Storage or accumulation of combustible waste matter within any building which constitutes a fire hazard is prohibited. Provide a non-combustible
container with a tight-fitting lid for storage of combustible waste and rubbish pending its safe disposal. F.C. 1103.2.1.
n
u 8. FIRE RESISTIVE CONSTRUCTION: All fire-resistive construction shall be maintained. When damaged,it shall be properly repaired,restored or replaced. F.C. 1 112.1.
u 9. FLAMMABLE LIQUIDS:
A. Flammable liquids shall be stored in approved tanks/closed containers/safety cans/flammable storage cabinets or H-3 room. F.C. Art. 79.
B. Dispensing of Class 1 liquids shall be from approved upright pump or fixed dispenser and shall be in an approved location. F.C. 7903.1 &Article 52.
C. Storage cabinets: Maximum of 120 gallons per cabinet of which not more than 60 gallons to be Class 1 or Class 2. F.C. 7902.5.9.
D. LP Gas-Provide 10' clearance from weeds and combustibles. F.C. 8209.
n
Li 10. REQUIRED CLEARANCE: Provide clearance to all fire fighting appliances and main electrical panels. F.C. 1001.7&8509.2.
n
u 11. ELECTRICAL WIRING: Any electrical condition or installation which constitutes a fire or health hazard shall be corrected to conform to the Electrical Code. F.C.8504.
r-
u 12. HIGH-PILE STOCK: Storage over 12'high of Class I, II,Ill,and IV commodities or 6'high of special hazard materials shall be done in accordance with Article 81 of
the Fire Code.
n
u
13. SERVICE STATIONS: Post sign with 4"letters"NO SMOKING-STOP YOUR MOTOR." Post sign for"EMERGENCY PUMP SHUTOFF." Fill the dispenser pit with non-
combustible inert material. Replace dispenser hose and/or nozzle. F.C. Article 52.
14. KEY BOX/LIMITED ACCESS DEVICE: Due to difficult access to or within a structure,a key box or limited access device is to be installed in an accessible location and
shall contain keys to gain necessary access. F.C.902.4/Regulation 5.
*X-15. OTHER,OR EXPLANATION OF PRECEDING ITEMS _
4.. Jc-
�'. ^f ' /Le A' fit:C -'"'rt '�S. ,e c'0"Yr) C Ce-
))
- .0 xw -�� �y J -r i=47-7-7.-4:- j /110 7E, .; --LY
FOR INFORMATION CALL: `
/ 1. �f�
INSPECTOR
FORM 410(01/961 WHITE-Occupant PINK, CANARY-Statiofi ` ' J _y
/
- \
1\ 1/4A C(1475V
BUSINESS LICENSE SUSPENSION/REVOCATION APPEAL FORM
OWNER(S) 719c}/L/,&'0 ///1/i!�Er:( ..2 A /O4 , --
ADDRESS `22/4 /�C_/ Ge- ,t,c(4!2, ) y /c-"=Z /n j ' Coi..4 -- /7.3 L.
PHONE NUMBER (HOME) l 6-r4,} 8/S-- z^-.7 (WORK)
CELLULAR NUMBER( /J - -.'-'/-1" .377.-1'. E-MAIL ADDRESS
CITY CASE NUMBER 0-3' C1 J 63-l/ ASSESSOR'S NUMBER 86 l q-4.?6-Ose
GROUNDS FOR APPEAL: (Note: Specific reasons for appeal and copies of any supporting evidence are required).
This is a group of alcoholics anonymous that is in charge of helping people with problems
with alcohol and drug abuse.
The process is as follows: By providing intensive psychotherapy meetings during different
hours beginning at 8:00 a.m. until 12:00 midnight. This information is presented to those
people that find themselves out on the street suffering from this disease.
We count on the support of a public relations committee whose responsibility is to take this
informationicatifferent lucatiuus such ab chuichos,c • i , . . • . , •.4 , . ., - . ..
into a program.
0 l.. • . a . . . .- - .- • • .. . . . . .... . .. . r. . .-. . - '. . .- --
and provide the help they need, including taking them to the hospital if necessary
Our group has stayed opened thanks to the efforts and contributions of each and every one of
our members.
Included is a list of the members of our group. We all have been rehabilitated thanks to this
group and we are anxious to provide the same type of help that we have received.
This is why we have given ourselves the task to help the City of ALUba and by to keep this
city free of people that suffer from the diseases alcoholism and duig addiction,
On behalf of the group(Life and Action)we appreciate the support of the City Council of
Azusa.
/ //)
NAT
. rr
L" APPEAL FILED WITH CITY CLERK ON: J-3/P 3
( COUNCIL HEARING DATE SET FOR: /#.0' -3
OWNER NOTIFIED OF HEARING DATE ON: 3�// 023
r
CITY CLERK'S OFFICE STAFFMBER
C,. / 441Ks4 4'str,