HomeMy WebLinkAbout9/6/2000 - STAFF REPORTS (18) DATE: September 6, 2000
TO: City Council
FROM: Risk Manager via City Manager
RAMY HORMOZ SETTLEMENT AGREEMENT
RECOMMENDATION:
Approval of Settlement Agreement by and between Ramy Hormoz and the City of Palm
Springs related to claims arising out of multiple code violations at the Spanish Inn Hotel,
located at 640 Indian Canyon, Palm Springs, California.
BACKGROUND:
The property known as the Spanish Inn Hotel has had a history of code violations since
July of 1997. On July 21, 1999, the City issued a Notice and Order Concerning a
Substandard Building to the owner, Mr. Ramy Hormoz. The property was found to be in
violation of numerous municipal and state codes.
Mr. Hormoz has expressed a desire to demolish the structures located at 640 Indian
Canyon to abate the multiple code violations. Within ninety (90) days of the date of the fully
executed Settlement Agreement, Mr. Hormoz shall have abated the code violations or
close escrow on the property to a valid purchaser who intends to abate all code violdions
and rehabilitate the property.
The Settlement Agreement, duly executed, is on file in the office of the City Clerk.
NANCY JO MCINTv, H
Risk Manager
APPROVED:--. = - --
City Manager
Attachment: (1) Minute Order
SETTLEMENT AGREEMENT REGARDING
640 INDIAN CANYON, PALM SPRINGS, CALIFORNIA
This SETTLEMENT AGREEMENT (the "Agreement") is made and entered into
this day of July, 2000, by and between the City of Palm Springs, a California
municipal corporation (the "City"), and Ramy Honnoz, as property owner and an
individual ("Honnoz").
I.
RECITALS
1. Ramy Honnoz is, and for all relevant times was, the owner of that certain real
property located in the City of Palm Springs, County of Riverside, State of California,
which is commonly known as the Spanish Inn Hotel (the "Spanish Inn"), located at 640
Indian Canyon, Palm Springs, California(the "Property").
2. The Property has had a history of code violations since July of 1997. On July
21, 1999, the City issued a Notice and Order Concerning a Substandard Building to
Honnoz. The Notice is attached hereto as Exhibit A. The Property was found to be in
violation of numerous municipal and state codes, specifically, the Uniform Housing
Code, as adopted by the City's Municipal Code sections 8.04.035, Palm Springs
Municipal Code sections 11.72.020, 11.72.160 and 11.72.170; and the Palm Springs
Zoning Ordinance section 9319.
3. The City alleges that Honnoz failed to remedy the code violations within the
timefi-ame specified in the Notice and Order of July 21, 1999. Consequently, after
attempting to work with Honnoz, the City filed a criminal complaint in March of 2000
against Hormoz. The Complaint alleged that Hormoz was guilty of five misdemeanor
counts of violations of the City's Ordinances and Municipal Code.
4. Honnoz has expressed a desire to demolish the structures on the Property to
abate the multiple code violations which constitute a public nuisance on the Property.
Honnoz has requested that the City enter into an agreement with him so that he could
either sell the Property to a buyer who intends to remedy the code violations and
rehabilitate the Property, or in the alternative, the Property could be demolished either by
Honnoz or the City.
5. The City and Honnoz desire to resolve their differences regarding the City's
abatement efforts on the terms set forth in this agreement. The City and Honnoz further
desire to enter this agreement to ensure that the code violations on the Property are abated
in the mailer and within the times set forth herein and that Hormoz will comply with all
provisions of the City's Municipal Code.
II.
COVENANTS
1. Within ten working days of signing this agreement, Hormoz shall obtain a
permit from the City for demolition of the structures on the Property.
2. Within ninety days of signing this agreement, Honnoz shall have done one of
the following: (1)repair all code violations on the Property; (2) close escrow on the
Property to a valid purchaser who intends to abate all code violations and rehabilitate the
Property, or(3) demolish the structures on the Property himself.
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3. If Hormoz fails to successfully complete one of the three options listed in
Covenant two, he expressly permits the City to enter onto the Property and abate the
nuisance by demolishing all the structures on the Property. If, after ninety days Hormoz
has failed to perform one of the three options listed in Covenant two, in addition to
authorizing the City to demolish the structures on the Property, Hormoz authorizes the
City to place a lien against the Property's title for the reasonable fees and costs of the
demolition, as well as all reasonable fees and costs the City has incurred under Section
11.72.010 et seq. of the Municipal Code, including fees for attorney and staff time
incurred in inspecting and abating conditions on the Property.
4. If Honnoz elects to demolish the structures on the Property within ninety days
from signing this agreement, Honnoz agrees to have the demolition work performed by a
demolition contractor licensed with the State of California. The City will not issue a
demolition permit to a general contractor lacking the required license.
5. If Honnoz elects to demolish the structures on the Property within ninety days
from signing this agreement, Honnoz additionally agrees to hire a licensed asbestos
contractor to conduct an asbestos survey report, and if asbestos is found, Hormoz agrees
to hire an asbestos contractor licensed by the State of Califonua to properly remove the
asbestos from the premises.
6. It is understood by Hormoz and the City that all the repair and rehabilitation
or demolition work shall be made under the inspection of and subject to the approval of
the City. Accordingly, Hormoz hereby grants the City permission to enter upon the
Property at any time for the purposes of reasonable inspections of the Property and
determining compliance with this Agreement and all applicable laws and regulations.
7. If Honnoz elects to repair all code violations or demolish the structures on the
Property within ninety days from signing this agreement, Hormoz agrees to pay to the
City by certified or cashier's check drawn to the order of the City of Palm Springs, the
fees and costs the City has incurred under Section 11.72.010 et seq. of the Municipal
Code, including fees for attorney and staff time incurred in inspecting and abating
conditions on the Property. Although the City is currently calculating the precise amount
Hormoz owes the City, the City currently estimates that it has incurred approximately
$9,000 in attorney's fees and costs. Hormoz reserves the right to review a list of the
City's costs and fees and both Hormoz and the City agree to submit any dispute over a
fee or cost item to arbitration.
8. Hormoz shall obtain such licenses, permits and approvals as may be required
by law for the performance of the code violation repairs or the demolition work required
by this Agreement. Honnoz shall have the sole obligation to pay for any fees,
assessments, and taxes, plus applicable penalties and interest, which may be imposed by
law and arise from or are necessary for the performance of the repairs or demolition, and
shall indemnify, defend and hold harmless the City against any such fees, assessments,
taxes, penalties, or interest levied, assessed, or imposed against the City thereunder.
9. By execution of this Agreement, Hormoz stipulates that the Property is a
public nuisance in violation of the Municipal Code, and that all enforcement proceedings
brought by the City to date to abate the nuisance and demolish the strictures on the
Property and the criminal complaint against Honnoz were reasonable and are valid and
any orders and resolutions issued pursuant to such actions are legally binding and
enforceable against Hormoz. Hormoz expressly agrees to waive any rights that Honnoz
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may have under 11.72,220 of the Municipal Code, including without limitation, the right
to a hearing before the Building Rehabilitation Appeals Board. Honnoz further releases
any defenses or claims against the City, pursuant to section VI. Honnoz's waiver of
rights Linder the Municipal Code is personal to Hormoz and not binding on subsequent
good-faith purchasers.
10. If Honnoz elects to repair the code violations or demolish the structures on the
Property himself within ninety days of signing this agreement, Hormoz shall provide the
City with all applications and materials required therein in a sufficiently timely mamler
so as to allow the City adequate and reasonable time to review and approve such plans.
it. In consideration of Hormoz's agreement to perform one of the options in
Covenant two or, failing that, to permit the City to demolish the strictures on the
Property after ninety days, the City agrees to stay its criminal action against Honnoz. If
Hormoz either perfonns one of the options in Covenant two or, failing that, the City
completes its demolition of the strictures on the Property with Honnoz's consent
contained herein, the City agrees to drop its current criminal complaint against Hormoz.
However, if Hormoz fails to adhere to the terns of this Agreement, such as but not
limited to his failure to obtain a demolition permit from the City within the specified time
or his failure to pay the City its costs and fees within ninety days of singing this
agreement if the City does not demolish the Property, Honnoz acknowledges that the
City will resume immediately prosecution of its criminal complaint against Honnoz and
may also seek additional remedies and penalties.
III.
DEFAULTS & REMEDIES
I. If Honnoz neglects, refuses or fails to complete his obligations under the
Covenants of this Agreement within the required time periods or otherwise fails to
perform satisfactorily any of the provisions of this Agreement, Honnoz shall be in
default.
2. In the event of a default and after written notice by the City of the default and
Honnoz's failure to completely cure the default within 30 days of the date of such notice,
City may pursue the following remedies:
(a) City may enter the Property, and perform any necessary work to abate the
alleged code violations,pursuant to the Municipal Code, or demolish, improve and clean
the site at the election of the City and place a lien against the Property's title for the
City's costs and fess associated with the Property, or in the event of foreclosure, proceeds
from the sale of the Property, to pay the costs therefor.
(b) Immediately resume its criminal prosecution of Honnoz as well as
institute civil action against Hormoz. If either party initiates a civil action, the prevailing
party shall be entitled to reasonable attorney's fees.
3. Hormoz acknowledges and agrees that City, in exercising its rights and remedies,
shall not be required to follow the abatement procedures found in section 11.72.010 et
seq. of the City's Municipal Code. Hormoz expressly waives all right to such abatement
proceedings and procedures.
4. The foregoing provisions of this "Defaults & Remedies" section are not exclusive
but are cumulative and in addition to all other rights and remedies available under the
law. The exercise of one or more rights and remedies shall not preclude the exercise, at
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same or different times, of any other rights or remedies for the same default or any other
default.
IV.
INSURANCE
I. Honnoz, or any contractor secured by Hormoz to perform the repair work of the
Property's code violations, shall procure and maintain, at Hormoz's or the contractor's
cost and expense, in a form and content satisfactory to the City, during the entire term of
this Agreement including any extension thereof, the following policies of insurance:
Comprehensive General Liability Insurance: A policy of comprehensive general liability
insurance written on a per occurrence basis. The policy of insurance shall be in an
amount not less than either(i) a combined single limit of$2,000,000 for bodily injury,
death and property damage or(ii) bodily injury limits of$1,000,000 per person,
$2,500,000 per occurrence and $2,500,000 products and completed operations and
property damage limits of$1,000,000.
Pollution Insurance: A policy of pollution and legal liability insurance written on a per
occurrence basis in an amount not less than $1,000,000.
Worker's Compensation Insurance: A policy of worker's compensation insurance in such
amount as will fully comply with the laws of the State of California and which shall
indemnify, insure and provide legal defense for both Hormoz and the City against any
loss, claim or darnage arising from any injuries or occupational diseases occurring to any
worker employed by or any persons retained by Hormoz in the course of carrying out the
work or services contemplated in this Agreement.
Automotive Insurance: A policy of comprehensive automobile liability insurance written
on a per occurrence basis in an amount not less than either(i)bodily injury liability limits
of$250,000 per person and $500,000 per occurrence and property damage liability limits
of$100,000 per occurrence and $250,000 in the aggregate or(ii) combined single limit
liability of$500,000. Said policy shall include coverage for owned, non-owned, leased
and hired cars.
2. All of the above policies of insurance shall be primary insurance and shall name
the City, its officers, employees and agents as additional insureds. The insurer shall
waive all rights of subrogation and contribution it may have against the City, its officers,
employees and agents and their respective insurers. All of said policies of insurance shall
provide that said insurance may not be amended or cancelled without providing thirty
(30) days prior written notice by registered mail to the City. In the event any of said
policies of insurance are cancelled, Hormoz shall,prior to the cancellation date, submit
new evidence of insurance in conformance with this Section, "Insurance," to the City.
No work or services under this Agreement shall continence until Hormoz has provided
the City with Certificates of Insurance or appropriate insurance binders evidencing the
above insurance coverages and said Certificates of Insurance or binders are approved by
the City. The insurance coverages provided herein may be modified by the mutual
agreement of the parties.
3. Hormoz agrees that the provisions of this Section, "Insurance," shall not be
construed as limiting in any way the extent to which Hormoz may be held responsible for
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the payment of damages to any persons or property resulting from Honnoz's activities or
the activities of any person or persons for which Hormoz is otherwise responsible.
4. In the event Hormoz contracts for any portion of the work, the contract between
Hormoz and such contractor shall require the contractor to maintain the same policies of
insurance that Hormoz is required to maintain pursuant to this Section, "Insurance."
V.
INDEMNIFICATION
1. Hormoz agrees to indemnify the City, its officers, agents and employees against,
and will hold and save them and each of them harmless from, and all actions, suits,
claims, damages to persons or property, losses, costs, penalties, obligations, errors,
omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by
any person, firm or entity arising out of or in connection with the negligent performance
of the work, operations or activities of Honnoz, his agents, employees, subcontractors, or
invitees, provided for herein, or arising from the negligent acts or omissions of Hormoz
hereunder, or arising from Hormoz's negligent performance of or failure to perform any
tern, provision, covenant or condition of this Agreement, whether or not there is
concurrent passive or active negligence on the part of the City, its officers, agents or
employees but excluding such claims or liabilities arising from the sole negligence or
willful misconduct of the City, its officers, agents or employees who are directly
responsible to the City, and in connection therewith:
(a) Hormoz will defend any action or actions filed in comnection with any of
said claims or liabilities and will pay all costs and expenses, including legal costs and
attorney's fees incurred in connection therewith;
(b) Hormoz will pay promptly any judgment rendered against the City, its
officers, agents or employees for any such claims or liabilities arising out of or in
connection with the negligent performance of or failure to perform such work, operations
or activities of Hormoz hereunder; and Hormoz agrees to save and hold the City, its
officers, agents and employees harmless therefi-om;
(c) In the event the City, its officers, agents or employees is made a party to
any action or proceeding filed or prosecuted against Hormoz for such damages or other
claims arising out of or in connection with the negligent performance of or failure to
perform the work, operation or activities of Hormoz hereunder, Hormoz agrees to pay to
the City, its officers, agents or employees, any and all costs and expenses incurred by the
City, its officers, agents or employees in such action or proceeding, including but not
limited to, legal costs and attomy's fees.
VI.
RELEASE
1. This release is intended as a release by Honnoz only as to acts which occurred at
or predated this agreement. No part of this paragraph shall release any rights or
obligations of the parties created by this Agreement. Hormoz, on behalf of himself and
his heirs, representatives, attorneys, successors, and assigns, does hereby release the City,
City members, managers, officials, boards commissions, employees, attorneys (including
but not limited to Rutan & Tucker, LLP and the attorneys therewith), and other Agency
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IC4
representatives (collectively, the "Released Parties") from any and all claims, actions,
causes of action, including but not limited to those claims arising out of, based upon, or
relating to the facts, allegations, or events set forth in the Recitals herein including, but
not limited to, any claims arising out of or in connection with the City Council's findings
with respect to the conditions on the Property, the actions brought by the City to abate the
conditions on the Property, the actions brought by the City to demolish the strictures on
the Property, or the City's criminal prosecution of Hormoz. Hormoz agrees that he is
fully aware of the City's abatement proceedings and is acquiring the Properly with this
knowledge and full knowledge that subject to this Agreement Hormoz will bear the risk
that the structures will require demolition upon Hormoz's default in the provisions
hereof.
2. Waiver of Civil Code Section 1542: By releasing and forever discharging claims
both known and unknown as provided herein, Honnoz expressly waives any and all
rights under California Civil Code Section 1542, which provides:
A general release does not extend to claims which the creditor does not
know or suspect to exist in his favor at the time of executing the release
which if known by him must have materially affected his settlement with
the debtor.
Hormoz waives and relinquishes any and all rights and benefits which he has or
may have under Section 1542 of the Civil Code of the State of California. Hormoz
has performed a fall and complete investigation of the facts pertaining to this Agreement.
Nevertheless, Hormoz acknowledges he is aware that he may hereafter discover facts in
addition to or different than those which he now knows or believes to be true with respect
to the claims, allegations, events and facts set forth in the Recitals herein, but it is his
intention hereby to fully and finally settle and release any and all matters, disputes, and
differences, known or unknown, suspected or unsuspected, which now exist, may exist,
or heretofore have existed, as against the Released Parties, in furtherance of this
intention, the release herein given shall be and remain in effect as a full and complete
general release notwithstanding discovery or existence of any such additional facts.
Hormoz Initials
VII.
MISCELLANEOUS
1. Compliance with laws: All actions taken pursuant to this Agreement shall be
provided in accordance with all federal, state and local laws, ordinances and regulations
including, without limitation, all applicable Municipal Code provisions. Furthermore,
each and every provision required by law to be inserted into this Agreement shall be
deemed to be inserted, and this Agreement shall be read and enforced as though they
were included.
2. Attorney_'s Fees: If any party to this Agreement is required to initiate or defend
any action to enforce the provisions of or remedy the breach of this Agreement, the
prevailing party in such action or proceeding, in addition to any other relief which may be
granted, shall be entitled to recover its reasonable attorney's fees, both at trial and on any
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/6604?
appeal and in any administrative proceeding. Attorneys' fees shall include reasonable
costs for investigating such action, conducting discovery, and all other necessary costs
the court allows which are incurred in such litigation. All such fees shall be deemed to
have accrued on commencement of such action and shall be enforceable whether or not
such action is prosecuted to completion.
3. Waiver: No delay or omission in the exercise of any right or remedy by a
nondefaulting party shall impair such right or remedy or be construed as a waiver. The
consent or waiver of one act or omission shall not be deemed to constitute a consent or
waiver of any subsequent act or omission. Any waiver by any party of any default must
be in writing.
4. Inte,gration; Amendment: This Agreement contains all of the agreements of the
parties and carmot be modified, terminated or rescinded, in whole or in part, except by au
instrument in writing signed by all parties hereto. No prior oral or written understanding
shall be of any force with respect to those matters covered in this Agreement.
5. Notice: Any notice to be given under this Agreement shall be in writing and given
by personal delivery or by depositing the same in the United States mail, certified or
registered, postage prepaid, to the addresses set forth below, or to such other address as a
parry may designate from time to time:
City: City of Palm Springs
Attention Doug Evans
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92263
Copy: Robert E. King
Rutan & Tucker, LLP
611 Anton Blvd., 14th Fl.
Costa Mesa, CA 92626
Hormoz: Ramy Hormoz
4470 Winnetka Avenue
Woodland Hills, CA 91364
Notices personally delivered shall be effective upon delivery. Notices delivered
by mail, as provided above, shall be effective forty-eight hours after deposit in the mail.
If the effective date falls on a holiday or weekend, the effective date shall be the next
business day following such holiday or weekend.
6. Term: This Agreement shall continue in hill force and effect until December 31,
2001, or thirty days following satisfactory completion of all work provided in this
Agreement, whichever is last.
7. Interpretation& Enforcement; Governing Law: This Agreement shall be
construed and interpreted both as to validity and performance of the parties in accordance
with the laws of the State of California. Legal actions concerning any dispute, claim or
matter arising out of or in relation to this Agreement shall be instituted and maintained in
the Superior Court of the County of Orange, State of California, or in any other
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appropriate court with jurisdiction in such county, and.Hormoz agrees to submit ro the
personal jurisdiction of such court.
8. soverahilit,,,�: If auy term,provision, covenant, or condition of this Agreement is
held by a court of competent jurisdiction to be invalid, void, or onenforceable,the
remaining provisions of the Agrat�ment shall continue in full force and Pffect,ttnJesm and
to the extent that the rights and obligations of any party would be materially altered or
abridged by such interpretation.
IN WI- BSS WIfFRPOP,the parties hereto have duly executed this Agreement
as of The aay and year first wriucn above.
HORMaz
Ramy Hormoz
CITY
City of paler springs,
A CCalifomia Municipal Corporation Attest:
City Manager City Cle--Tl-
For the City of Palm Springs u
Reviewed and approv4d 45 to -
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appropriate court with jurisdiction in such coLinty,and Hormoz agrees tea submit to the
personal jurisdiction of such court.
8. Severabiiity: If any term,provision, covenant, or condition of This Agreement is
held by a court of competent jurisdiction to be invalid,void, or unenforceable,the
remaining provisions of the Agreement shall continue in full force and tffmr, unless and
to rba extent chat the rights and obligations of any party would be maee baVlry altered or
abridged by such interpretation.
1N WINTESS WHEREOF,the parties hereto have duly execuT",0..illis Agreement
as of The day and year first written above.
HORW)z
c_— r�_s
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CITY
City of Paim Springs,
A California Municipal Corporation Attest:
4-
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City Mana,-er City Clerk
For the City of Palm Springs y�c1-ed
REVIEWED AND APPROVED AS TO FORM:
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RUTAN &TUCKER LLP
AtIbrneyS at Law
611 Anton Boulevard, 14th Floor
Costa Mesa California 92626-1998
Mailing Address: Post Office Box 1950,Costa Mesa,California 92628-19.50
Telephone: 714.641.5100 Facsimile 714,546.9035
FACSIMILE TRANSMISSION
DATE: AUGUST'25,2000
To; Hard Copy to Follow via Mail: NO
NAME FAX NO. PHONE NO,
Nancy McIntosh (760)322-8323 (760)323-8218
City of Palm Springs
FROM' Dennis Nakata-668
RE: Spanish Inn Settlement Agreement
CUHNT/MAT-MNO.: 014084-0009 NUMBER OF PACES, INCLUDING COVER: 12
MESSAGC:
Pursuant to our conversation earlier this morniug, attached is the Notice and Order
dated July 21, 1999—Exhibit A to the Settlement Agreement.
If you have any questions or concerns,please call me at(714)641-5100 %1258,
Thanks,
Dennis Nakara
THE 'INFORMATION CONTAINED IN THIS FACSIMILE MESSAGE IS INTENDED FOR THE USE QF T'HE INDIVIDUAL PR C.NTITY TO
WHICH IT IS ADDRESSED,AND MAY CONTAIN INFORMATION THAT LS FF4VILEOED AND CONFIDENTIAL IFTHE READER OF THIS
MESSAGE 15 NOT THE INTENDED RECIPIENT OR AGENT RESPONSIBLE TO Qi3W VER THE MESSAGE TO TIfF INTENDED RECIPIENT,
YOU ARE HEREBY NOTIFIED THAT ANY DISS€MINATION,DISTRIBUTION OR COPYING OF THIS COMMUNICATION 1S STRICTLY
PROHIRI'IED. IF YOU}LAVE RECEIVED THIS COMMUNICATION IN ERROR, PLFASE NOTIFY US IMMEDIATELY BY TELEPHONE
AND RETURNI THE ORIQRJAL MESSAGE TO US AT THE.ABOVE ADDRESS VIA THE U S POSTAL SERVICE. THANK YOU
If ai=wu prob)cros mue mng ib1+Fux TrawmRnl plame.call 714 e41 51 W.Ex[,I235.
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NOTICE
AND
ORDE
CONCERNING A SUBSTANDARD
BUILDING
Fate of Issuance! Cuby 27„ 13P9
File ATo.
NCT7CZ TO; Ramy Hormoz
4470 Winnetka Avenua
Woodland Hills, CA .913E4
Hellas Trading, Inc.
1762 Waetwood 81v4, Suite 920
LnR Anselaa, CA 90021
General Description; Soo N. Indian Canyon
Palm Springs, CA 92262
("Subjeet Property")
Legal Description; Aaeceaorlo Parcel No, 9o7-i5s-oas
(See Exhibit "A" attached here")
In accordanaa with Chapter 10 Of the ❑niform Housing Code (the
"Coda-') as adopted and amended by the city of Palm springs, Notice
Is herepy given that a 5UBST'ANDARD BUILDING has been determined to
axiFZ on the, property doecribed herein by reason of conditions
F!Cand to render she building subsudndard under the provielana of
section 202 of, said Code. The cc=17-10115 found td exist are.
described as follow,a:
vet/61E UY,.uaoDl197� n.1 •f t/13/9D
Aur-25-00 10:43am Fram-RUTAN R TUNER LLP, t T-404 P 03/12 F-535
Notice r Urdar
concerning a Dangerous au1lding
Page 2
UUNIYOR'M HOUSING CQD2 ylcrgATlogs
Tenant's Unit.
1. Plumbing £ixturae havo been removed in the bathroom, and
plumbing traps are dry, in violation of sections l001.2, and
1001.6 of the code,
2. Electrical plate$ are missing leaving the electrical wiring
open and expoacd, in violation of suction 10g1,5 of the Code,
3. The roof is not adequately weather protected as evident by the
water damage to the ceiling, root leaks, and parts of the
ceiling that have fallen, in violation of section loot.& of
the code.
Unit #106 and adjoining, unnumbered unit:
e- There are vermin droppings lndi.catlng rodent infeat�tlon.
in violation of section 1001.11 of the code,
51 sewage is overflowing out of the toiler, in violation of
sections 1001.11, and 1001.E of the Code
6. The ceiling has fallen in throughout the units, as
violation of section 1001,3 of the Code. -
7. Plumbing fixtures are in a state of disrepair throughout
the units, in violation of secctone Sno7..s and 1aai.2 of
the Code.
6. There is a broken window, in violation of section 1001.0
of the Code.
5• Water ha$ entered into a ceiling fixture witk, electrical
wiring creating a haeardaug electrical situarior., in
violation of section 1007 .5 of the Pode-
Clnit 4106:
10. Structural damage to the Subject Fropercy is euspecced
dne to evidanG4 p water d$111age to frarr,ing members. The
kitchen ceiling is Eallln5�, The foregoing condirlons are
in violation of aeotion 1001.3 of the Code,
Unit #105e
11. The door to the unit is stuck shuc thereby prohih:tting
entry, in violation of section 1001.12 of the Code.
ur"t 4104:
12. Mold growth is evident, in vlolaclon of section 1001,11
of the cods,
la, Structural damage to the Subject property 10 suspected Ms
there to evidence of water damage to framing members
providing orruccural support, in violation of eection
1001,3,
14, "A T-bar calling has bean added to the k:.ccher, which is
covering the k:tcben exhaust far-, in vialdtlon of section
1001.2.
is, Sewage is overflowing out of, the toilet, 1r, violation of
.aectiona 1001.11 and 1001.6 of the Code,
+�OJC St 6A{.00A�f1fTl11A1 CS1(1{/f9
19*4 3
AW4.25-00 10.ASO orom-FUidP! 5 "UCKEE UP, <-404 P 04/12 F-565
Notice G order
Concerning a Dangerous Building
Payne 3
Uni r. #103:
1.5. Smrti'etural damage to the Suh;jegt property 20 as
there is evidence of water damage to framing mcnirrrs
providing etT-40C ral RUPpert, Watcr dmlca,c ham z"aoUlted
in the ba bblin9 and buoklinq of the well eQverin�g. =e
foregoin3 eoaditier-p ace in vlolat.ion of acctiotl ].001.5
of the Code.
1"2. 121ectrioal wiree ere exputsed, and elacT xical cover gilates
are mieaing, in violatyoa of ewccion tool's of the7 undo.
14. A T••bar tailing has hear. added to the k1tche3: which is
covering Choialtchen exhaust 'tan, In violation of see-tion
1001.2 of the Cade.
Un 1t, #'2,02:
19, 3ts-itaturml damage of Lhe 5up.ject Property "s suspected am
there, ,is evidence or water damage Co framing Train arz
providing structural support. severe water leeks exist
throughout the unit as evidenced '1Y falling c'eiling., and
deterlaracion at window sa119. The fartgoinG conditaona
are in violation of section 1001.3 of the Code,
20. S1eCtr3.cal wires are exposed, and alectriral cover. plates
Ara mraming. A nan-por'mitted electrical outlet: Piav keen
added at floor level, and the electrical vires leading to
the outlet have been stapled, to the molding creating an
electrical hazard. The foregoing canditione In
violation Of section 1.UU1.S of the core,
27.. rvide=,e of a Previous eler..t:lcal £ixv cxa.'.ta in rile
unit, in violation of section 1001.0 of the Code,
Unit #101:
22, structural damage of the 9ubyaet Property is euepoetcd a-
there ie evidence of water demt-ga to frtming mei,tberu
pray.i.dinq atructural support. Severe water leaps a.r.].st
throughout the unit as evidenced by falling cailJ.rtc?s.
The foregoing eonditione are in viol aticn of neat aelc:
1001.3 of the code,
23, A T-bar ceiling has beg-- added to the kitchen which is
Covering the kiteherlanhauat fan, =.a violation of sec.-:-,on
SOol.2 of the Code,
24. Thsre is a pile of newspapers in the closet cr-aati a
firs hazard, in violatior. of section looz.9 at the' Cade.
25. Sewage IS overflowing cut of the to_let located WU.[Pjn
the unit, in violation of M*cclor9 10U1.7,1 and loo1.6 cr
the codil
Unit ##202:
26. The landitty at, the hack of the building is lacking a
cluardrail, in viglaticn of sentions 1001.3 a.d 1CC1.'1 at'
the Cods.
27, Struatu=ml damaZm Ut the Suojec= property 19 a133p5dted7, as
'C,'1CrC i.e evidence a7 water dama!Re Co framinG rtit; ';carte
providing structural aupportL, in v3,olatian of SCac.c ivsn
1001.1 of the Code.
mYa,v»nn.•oaoYlY»Ypv3,3 sly/15/YY
Aup-26-00 10:486m From-RUTAN & TUCYER LLP, + T-4U P W12 F-606
Notice 4 order
Concerning a Dangerous Building
Pages 4
78, A T-bar ceiling he$ been added to the kitchen which is
covering the kitehr-n exhaust fan, in vlplatl,on of sectlOn
1001.2 of the code.
29. water damage tc the floor is evident as there is mold and
s Lena of dutax•ivratien, in violation of esctzon 10!01.B of
the Coda,
30. Large sections of paint are peeling oft of the lncerior
wells, in violation of section 1001,11 of the Code.
31, Fires damage is visible th:augh a hole in the =ailing, a.a
violation of sectibna 1001.9 and 1001.3 of the Codc.
unit 4203;
32, Aeceap to this unit was nor. possible, in violation of
section i0o1.12 of the Code.
Tir:1t 41111
33. Large sections of paint are peeling off of the interior
walla, in violation of section 1001.15. of thin Cnde-
34. Electrical Cover plate,9 are missing, in viola=v.:a of
section 1001.6 of the Code.
35, Structural damage of the Subject Property is suspected as
there its evidence of water damage to framing tu)Mbers
providing atrzctural ouppert, in violation of 00tation
1001.3 of the Code.
Howard Manor!
36. Elactrical wirsa Ave expoaed, and electrical saver plates
are missing, in violation of section 1001.5 at the cede.
37. Large sections of paint are ,pooling Off of the 1nteC:'ior
walls with mold growing underneath, in violation cf
sections 1001.11 of the Code,
3o. port.iona of the ceiling ere falling in trir❑ughout the
unit, secondary to water damage, in violarion of spczion
1001.2 of the code.
39. structural damage of the Subject Property is suapecT-ed as
there is evidence of water damage to framing erielTbers
Providing structural support, in violation of secr. o=
1001 .3 of the Coda.
Unit #30
40. structural damage of the Subject property is suspected as
the framing members that provide support have been
damaged by water entering from leaks from the aecnrsd
story units, in violation at section. 1001.3 of the '-ode.
41. =ecrrical wirep are exposed, and electrical cover plates
are missing, in violation of section 1001.S of the Code,
ccmmtreial Kitchen Near Pool
12, 'Structural damage Of the Subjecc Property is at,ispected as
there is evidence of water damage to framing mambars
Providing structural support, in violation of aec4ian
,1001.3 of the Code.
ieo/�]/AEI.00P9/771717i.t 41aJi3/fY
AUY-66-00 10.40am Frun-FUTM & TUCNSS LLF, T T-404 P 06/11 F-506
i
Notice R order
Concerning a Dangerous Building
Page S
43. gleetrical wires are exposed, and electrical cover ;;dates
are missing, in violation of section 1001.s o£ the code.
pool rquipment Enclosure.
44. Structural damage of the 5vb3ect Proparcy la suapea'ced a9
there to evidence of water damage to frnmin3 members
providing structural support, in violation of aeccion
1001.3 of the code.
45• There are broken windowe, in vzolntlon of section 1001.2
of tha Code.
Txterier and lsrounds around the Property:
4S. Thera is dead vegetation, clog waste, trash rand deo'r''S
heated on the grounds, in violation of sections :1.501.2
and 1001.11 of the code.
4?, Eaves have deterloratcd creating holes. Landingo, r.Txlings,
and rain gutters have ❑one loose and are detached from the
structure. plater damage nas compxcraieed the atructural
integrity auCh that the basement is no longer st=,Cturelly
sound. 'She foregoing condiclono are in violation O sections
1001.3, and 1001.11 of she Code,
ae, ltoox t11.ea are broken and missing, and the exterior rain[
in dateriOratinq{ and peeling away f=om the wall. The
foregoing conditions are in violation of section 1001.8
of the code.
49. Two exterior atalrcaaes going from the first to :.he
second floor are dil,apidatad with steps askew, and papas
of the steps mieaing as a reeulc of ,?iter damage and a
lack of maintenance. The foregoin3 conditions:, =l in
violation of sections 1001-a, 1001-11., and 7-001.,1 0i the
Code,
50, The pool and spa have nor, been maintained adequately.
sorb have been left dry for tce .long reaulting In cracks,
And deterioration of the pipas. Thera is Alta an
aecumulacion o1 debris. The plumbing is ir, a atatc of
disrepair, The foregoing conditions nry in violation oz
section 1001.E of the Code,
51, The electrical wiring for the pool and spa have bairn
Inadequately maintained, in violation of acction 1001..0
of the Code.
General Condition of Property:
52. The Prapercy'doee not have a heating source, in v:.cjatian
of section 1501.2 of the Code.
S3. The gas lines to the Property arm Open, and uncappon in
each unit, in violation of section 1U01.9, and 1001.12. of
chi Code,
54. ZThero is no e1acprtc aerv4" to the property, except or
one tenant's unit, in violation Of section 1001.2 or the
"Code.
The subject Proporty is alas in violatl.an ct Palm ,"pringR Zoning
prdinanoe Section 5319.rop Preperty Maintandnca Scandard;y ;e copy
of which ie attached for your reference) . Specifically;
v u.Iaa.e..•..as/u..... . .... ]/9,9
Auy-CS-00 10:4 Barg Prom-RUTAN 6 TUCKER LLP, T-404 P OM2 F-555
1lot ice 4 order
Concerning a Dangerous Building
page 6
1. An accumulation of dead vegetation, trash, dead organic
matter, debris and combuatible matcrialn exist in significant
amounts in and around the Property.
a. Accessory etructurea along the Subject property such as
railings, awringo, eavca, steps, and staircases are
detached, disjointed, and/or in a State ni decera.aratloa.
Paint is pealing,. windows are broken.
3. Dead vogetation, stored newspapers, and a lack of fire
sprinklers, smoke detectors, fire extxngufi shers, "Znwc"
Re
y baxee in gated areas, and emergency plans for Cho
main lobby all constitute fare hazards.
s. The=o is a 14aX of functier-al exits from the building ae
two exterior Staircases are dyscunctlonal, and landings
have fallen, blocking exits.
The Sutlect property is also in violation of Palm Springs Municipal
Code Section 11.72.lg0 Deteriorating and pefective Stv ucvuree, and
Section 11.72,170 property Maintenance (a copy of which is attached
for your reference) . Specifically:
1. The Property has broken windows, peeling paint, a roof
in a state of disrepair, damaged landings and staircases.
2. The Property has not been maintained as there are
substantial amounts of dead vegetation litter, crganic
matter, and debris in and around the Property.
The Property is also in violation of the Palm 9prinFq Municipal
code section 11.72.OaO which states that any violation Of the Palm
springs Zoning Crdtnance is a public nuizancae.
The Property in also in v-yOlation o£ tha Palm Springs Municipal
Coda section 11.72.100 which states any violation of the Uniform
Haµsing code as amended is a public nuisance.
The property has been a eouroe c€ repetitive complcints from. a
variety of neighborhood residents as well as the Palm springs
police Department.
Persons responsible for the abatement ❑f a nuisance include every
person who, aither by his affirmative acts or by his o[niasion to
diligently, carefully and prudently conduct his affairs or manage
his property, creates or causes the snuisance or Buffers or permits
the nuiaanee to axis=; every person who has the right to possess,
use and enjoy, or to receive all or part of the issues, profits and
benstita at the property or thing which .10 the nuisance; and every
Person who owns an catate or interest in the real property upon
which the nuieanoe is created or is malntalned or upon which it is
Suffered to exist,
pursuant to Health & Safety Code Section 17900 (b) you have the
optd.an of either making the necessary repairs to the building or
demolishing the building. You must make your choice within thirty
(30) days from the date of service of this Notice and order upon
you, 1n the event you choose to repair the building, you must
preheat a reasonable and feasible schedule for repair of the
defects within the aforementioned thirty (30) day period, if you
do -*;u make a timely choice of repair or demolition, Tall to
perPurm the repair work as scheduled and agreed, or select an
opti6n which cannot be completed within a reapoaabla period of
time, as determined by the City, demolition proceedings may be
initiated by the city. if you fail and/or refuge to Comply with
thin Q4ptice and Order within fifteen (15) days of the expiration of
the above-referenced thirty (30) day period, the City may proceed
with, the demolition of the building on the Subject property. If
1!0/O1cOM•OdO Af�l'Je71.t +ri i/1!/9!
10*41 /7
A49-25.00 10:009m Prom-RorAN & TUCKER LIPS + T-404 P OB/12 P-506
Notice A Order
concerning a Dangerous Building
Page 9
you and/or the other responsible parties fail and/or refuse to
comply with this Atotica and ordRr as sat forth above, tha Cray may
proceed with the demolition cf the building on the Bllb�oct
Property.
CORiii'S Y' Lm A=JOYA ANCUTgED,
1) Secure a parmit to reetorc atru.turc to n habitable
condition including any required rehabilitation of
sleotrical, mechanical, structural and plumbing systems.
2) Establish a program acceptable to the Department of
Planning and Building addressing the contir.u+ng exterior
maintenance of the property. such a program shall
include landacapi.ng, and rehabilitation o£ aeae:aeory
etzucturta including, but not limited to saves, awn,ngs,
landings, staircases, and windows.
3) Ensure required inspections are done,
4) Remove all trash, sunk, debris, dead vegetation, organic
matter, and other discarded items.
5) Repaint all buildings, walls and fences. (Architectural
Approval required)
s) Repair and properly maintain swimming pool aairj, ecuipment;
maintain properly.
8) Remedy all fire hazards identified including, but not
limited to, a laok of fire sprinklers, smoke detectors,
fire extinguishara, "Knox" Rey boxes in gated areas, and
emergency plans for the main lobby
'jou�nd env o a naar �;bea blrect tee l at;iiity
for navmcn:, g�f yt,]},_�saca �,h�rah�hv:r,rv _ _
n3is,gemcnt arocgK}yTg�nd_f.12,.ahar rt,e. „� r
limited to all �-- •••..�.,?i taanee. innlud t��ct�ut nor
a^a nF ir9110 rj�_�nyestiC't'�4nF. asaassm9n
reoa mitiUation . r7aar rPmovah2bation seouri ,
a COratre. trgff contre} law en grcement otec_t_io anti
consecuential di« rand ind aor costs relac � S .e
��r1inC_$I11 dminis •at a.0 SL9 So aucls a�eeemtr ,
- s and legal
Current fees for City costs are as follows:
general staff and inapection timc - aso.00/)xeur
(114 hour minimum.)
n city attorney time - $i50.00/hour
RTQRT OF APPM1 Any Person having record title or legal interest
in the building may appeal 'from the Notica and Order or Aby action
of the Building Official or daaignac to the Aeard of Appaals,
:ovidad the appeal is made in writing and in the form required by
caation 1201.1 of the uuiform Souping Coate and filed with the
liuildiag Official within thirty (30) days from the data of earvice
aM Rush. Notice and Order, provided, hokever, that if tkaa building
ass ezzuetuxs is in auch oondirion As to make it i.mmediately
dange:raue to the LiEa, limb, property or safety of the public or
adlaceat pseperty(a) end is ordered vaoated and is posted, such
Appeal shall be filed witnxn in days from the date of sarvide Of
the Notice and Order upon you. Failure to appeal will conatitute
A wwivor Of all rl,Bht to an aftinistrative heatring and
deterAnetion of the matter. Where appropriate, as deterstiRad by
the city, tha city may conduct further proceedings iu accordance
with.Ohmpxara 11,73 and 2.50 of the palm springs Municipal Code.
rwo/c;e aarauoahennaa iiIt14l ff
ig
/�
An-25-00 10:50a Fromi RUSAM i TUCKER LLP, f T-404 P 09/12 F-bee
t
Notice & Order
Concerning a Dangerous Building
Page a
Processing of the appeal shall he in accordance with the previsions
set forth in the Uniform Housing Code. A complete text of paid
code is attached as Rxhibtc ^8" hereto. Please direct your appeal
to: Board of Appeals, city of Palm sprinZd Building Divie.soa, Po
Box 2743. Palm 9pringa CA 92263 (6151 3239242.
Pursuant to Revenue and Taxation Cods pecrzona 17271 and 24336.5,
a tax deduction may not be allowed for ].ntore Ct, taxoo,
depreciation, or amortization paid or inourred on the Sl bject
Property in the eaxayle years 12s7 or 199e.
Tf you would like to make arrangamantz for. An acceptable ecliedule
of repairs, please contact Dirk Voes at (760) 323-a245 w1c.hin the
aCova-referenced time period.
PA'T= this — day of
Dirks Vo4�
ex. Community Preservation o£ticer
Dcau- ne 'ev� T
Direoto f Planning & Zoning
Posted on Property
i
90c/mxx�gp gocuq]Yfq L.; l;1/ipJp9
Aug-25-00 10:51am FYOXIVAR G i6'GRRR LLP, + 7-404 P 10112 F-508
1
7�ki Ll,_E��'R.TPTT ON
LOTS 1, 2, 3, AND S AN'O THE W&STMTLY 25-00 PEST Or L.Vf 9, S.N MOCb:
^V OF PALM MIMS ESTATES. IN THE CITY OF PALM CLRMG�, COO17TY OP
RIV$&SIAE, STATE OF CAI,SFORIVIA, A0 PHR MAP ',ZrCOTN'S7 IN ROOK 15,
PAGE 43 OF MAFE, IN THE OF'FICR OF THE COUNTY RFCORPEf OF SAID
OOI7NTY.
HXCEPT ALL OIL, GAS OP. OTHER H)MOCARBOW SL1$ST713C E, WY"Y'Hoii:' R70H3'
OF 3LRFACB iRTIRY, U A.h"MPMED -'N CE@I1M R=IORDYM ARLAZL 25, 1927 IN
BOOK 7'L8, PAGE 89 OF DBMS; JULY 114, i.987 IN POOX 723„ Bau.OF;. 369 0P
DEMS; ATIQUST 18, 193E IN 30OF 247, PAGE 353; :NOVL',�SP,EF. 19, 3.937 IN
BOOK 3S2, RAGE 1SE1 K*,,CH 11, 193K IN HOOK :?69, PAQ11 759, ALM V:Y
14, 1936 IN ROOK 17$, FAGS 114, ALL OF OFFFIC.IAS. REGC'itOS OF
RIVRIZ9IAh" COI]NTY, CAI.SS'OANIA.
•ni/OivJ1. 0AJyiaaia\901 .xarsorrs 4XF-17417 "A"
Aoc-N-00 10;51am From-RUTAN i TUCKER. LLP, + T-404 P.II/12 P-506
t
t,��7 V�erm AOUDirie Coda
Chapter 12
APPEAL
Section 1201 - General
Sea. 1201,1 porn of Appeal. Any person entitled to ee: lce
under Section 1.101.3 may appeal from any notice and order or any
action of the building official uuF�ider this code by filing at the
atfiea of the building afficial a/writtmn appeal containing:
1, A heading in the words: "Before the Board Of Appeals of
the of .. . ...... . .
2. A caption reading! °Appaale of , giving
the names of all appellants participating in the appeal.
3. A. brief atatament setting forth the legal Interest of
each of the appellants in the building or the land involved in the
notice and order.
a. A brim statement in oxdinary and concise language of
that specific order or aotion protested, together with any material
facts claimed to support the contentions of the appellant.
a. A brief statement in ordinary and concise language of the
relief sought and the reaaOna why it is claimed the protested order
Or action should he reversed, modified or etherwisa set aside.
S. The signatures of all parties named as appellants and
their official mailing addresses.
'I. The verification fby declaration under Penalty of
perjury) of at least one appellant as to the truth of the matters
stated in the appeal.
The appeal Bhall be filed within 30 days from the date of the
service at ouch order or action Of the building official, provided,
however, that if the building or structure is in such cond,�L�nn as
to make it immediately dangerous to the life, limb, prepwrty or
safety of the 01.1blic or arllacert property and iD ordarDd vacated
end is peeted in accordance with Scotian 1104, such appeal shall be
filed within 10 days from the data of the service of the notice and
order of the building official.
1201.2 Proc■maing at Appeal. Upon receipt of any appeal
filed pursuant to this saecion, the building off.eial shall prcaent
it at the neat reee4lAr or special meet.tns Of the board of appeals.
1201.3 Scheduling and Noticing Appeal for Hearing. Pis soon
e9 practIcable after receiving the written appeal, the 7.cusing
advisory and appeals board shall fax a date, Lime and place for the
hearing of she appeal by the board. Such eats ahall be izov :eas
than 10 days nor more than 60 days from the data of the appeal was
Mae with nhe building o££acial. wri:.tea no.ics mf the time and
place of the heaving shall he given at leant io days prior to the
date of the hearing to each appellant by the secretary of the board
either by causing a copy of Ruth notice to be delivered to the
appellant personally or by mailing a copy theraof, postage prepaid,
addressed to the appellant ac the address shown an the ap�cai .
Effect of failure to Appeal
see'. 1202. pailura of any person to Pile an appeal in
accordance with the provisions of sections 1102. and 1201 shall
0oa0titute a waiver of the right to an administrative hearing and
atl7udioaticn of the notice and Order or to any portion thereci,
aeope cf hearing on ,appeal
vmloxa oa, a.o y.y,��i�s nt=l1�f°s EXH1c1T "A"
Auy25-00 10:51 am From-RLITAN 5 %CNER LLP, ?-40a R 1'/12 F-595
r
see. 12 02. only thoea matters oz lasues specifically raked
by the appellant shall be considered in the hearing of the appeal.
:staying of order of Apixeal
Sec, 1204. Except for vacation orders made pursuant ro
Seotisn 1108, +nforeament of any roeice and order ❑fi the bulldinS
official issued under this Cade shall be atayed dusing the pendency
of an appeal therefrom which ie' properly and timely f1led.
ieoroinona-aaof/1xy�1��.: s31/41/DW EXHIB T_T 'W,
MINUTE ORDER NO.
OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING A SETTLEMENT
AGREEMENT BY AND BETWEEN RAMY HORMOZ AND
THE CITY OF PALM SPRINGS RELATED TO CLAIMS
ARISING OUT OF MULTIPLE CODE VIOLATIONS AT THE
SPANISH INN HOTEL, LOCATED AT 640 INDIAN CANYON,
PALM SPRINGS, CALIFORNIA.
I HEREBY CERTIFY that this Minute Order, approving a Settlement Agreement by
and between Ramy Hormoz and the City of Palm Springs related to claims arising
out of multiple code violations at the Spanish Inn Hotel, located at 640 Indian
Canyon, Palm Springs, California, was adopted by the City Council of the City of
Palm Springs, California, in a meeting thereof held on September 6, 2000.
PATRICIA A. SANDERS
City Clerk