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HomeMy WebLinkAboutMEGANOVA L.P., Compliance Agreement, 10.06.2022COMPLIANCE AGREEMENT This Compliance Agreement (Agreement) is made and entered into as of the date last written below (Effective Date), by and between the City of Fresno, a municipal corporation (City), MEGANOVA L.P., (Owners) (collectively, Parties). RECITALS WHEREAS, the City issued multiple Notice of Inspection Results to Owners for the real property located at the Kings Palace Apartments at 4942 East Balch Avenue, Fresno, California, Assessor's Parcel 463-040-19 (Property); WHEREAS, the City issued eight Administrative Citations to Owners for failing to comply with the Notice of Inspection Results totaling $11,600.00 (See Exhibit A); WHEREAS, Owners requested additional time to bring the Property into compliance; WHEREAS, the City granted Owners' request for additional time to comply with the Re -inspection Notices, providing a new deadline as outlined in Paragraph (1) below; WHEREAS, the City is legally entitled to take further action regarding the violations on the Property, up to and including the issuance of citations and the filing of a civil action in Fresno Superior Court; WHEREAS, without admitting liability, either expressly or impliedly, of any fact or liability with respect to any matter relating to the Agreement, except as expressly set forth in this Agreement, and without waiving the City's right to cite the Owners for new violations of the Fresno Municipal Code, it is the mutual intention and desire of the Parties to settle, compromise, and resolve all of the differences, disputes, disagreements, and claims between them, known and unknown, which exist or may hereafter exist arising out of the facts, circumstances, and events described in the subject matter of this "Recitals" section; WHEREAS, the Parties enter into this Agreement solely for the purpose of compliance and to avoid the further expense, delay, and risk of litigating the claims and defenses raised specific to those referenced above; WHEREAS, the Parties have reached terms of compromise and execute this Agreement in accordance therewith. NOW, THEREFORE, in consideration of the above Recitals, which Recitals are contractual in nature, the mutual promises herein contained, and for other good and valuable consideration hereby acknowledged, the parties agree as follows: AGREEMENT 1. Extension of Deadlines to Correct Violations. The original deadline for Owners to complete the repairs has expired. Owners have requested additional time to bring the Property into compliance. The City agrees to extend the deadlines for full compliance of all violations, contingent upon Owners complying with the following, to include pulling and finalizing all required permits: a. Violations 1 and 5 identified in the attached Fire Report dated September 7, 2022, shall be completed by October 15, 2022, (see attached Exhibit B); and b. Violations 2, 3, 4, 6, 7, 8, and 9 identified in the attached Fire Report dated September 7, 2022, shall be completed by November 10, 2022, (see attached Exhibit B). The time for completion may be extended if the City determines the granting of such an extension will not be detrimental to the public safety or welfare. No extension will be made except upon written application by Owners and submitted to the City prior to the expiration of the period for performance or any extension thereof stating the reasons and facts supporting such extension. 2. Progress Inspections. The City may conduct progress inspections to occur for the purpose of determining the progress that Owners are making in completing the repairs listed in the Notice and Order by the deadlines stated in item (1) above. Owners will not be billed for the City representatives' time for conducting the progress inspections. 3. Compliance Inspections. Upon execution of this Agreement, the City will schedule compliance inspections to occur following the deadlines for completion listed in paragraph (1) above for the purpose of determining that Owners have completed the repairs. The City will schedule the compliance inspections on dates that are mutually agreeable to all Parties, on or shortly thereafter the completion deadlines stated above. Owners or Owners' Representative shall be present at the Property at the time of the inspections and shall provide access to City representatives to enter and inspect the Property. 4. Sale of Property. Owners shall not sell the Property without the City's consent prior to the City's final inspection and acceptance of Owners' repairs and improvements necessary to complete the City's Notices. 5. Failure to Comply. Failure by Owners to correct the code violations on the Property referenced in the Notices on or before the deadlines set forth in paragraph (1) above, will result in further action by the City, including but not limited to, the termination of this Agreement, the issuance of citations by the City, and institute legal action. 6. Re -instatement of Citations Waived. Should Owners fail to meet the stated deadlines set forth above, the City shall re -instate the amount waived, totaling $11,600.00. 7. Ongoing Compliance. Owners agree to maintain the Property in compliance with the Fresno Municipal Code. Failure to maintain the Property may be cause for termination of this Agreement and may subject the Property to future liens and citations by the City. 8. Action by City. The City agrees to refrain from issuing citations or taking further legal action against the Property and Owners as it relates to the Fire Report dated September 7, 2022, so long as Owners cure all violations and make the necessary repairs by the deadlines set forth above in paragraph (1). In the event of a breach of this Agreement, the City reserves the right to issue additional citations for each outstanding violation as authorized by the Fresno Municipal Code and/or institute legal action in the Fresno Superior Court. Moreover, following the completion of the repairs and the final inspection by City officials, the City will write-off the eight Administrative Citations issued (see Exhibit A). The City is not required or obligated by this Agreement to construct or complete any improvements at the Subject Property. 9. Authority to Execute and Execution. The Parties represent and warrant that all n00000ary action has bccn takcn to authorize the uiideialyllCd tU execute tnls Agreement and to bind the Parties to the performance of their respective obligations hereunder. Each individual executing this Agreement hereby represents and warrants that he or she has the full power and authority to execute this Agreement on behalf of the named Parties. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together, shall be deemed to constitute a single document. i► 10. Entire Agreement. This Agreement represents the sole and entire agreement and understanding of the Parties with respect to anything at issue in the Dispute. No other agreement, oral or written, shall be deemed to exist or to bind any of the Parties hereto except as expressly stated herein. 11. Independent Counsel. The Parties agree that this Agreement was prepared with the joint input of all Parties and shall not be construed in favor of or against any party to the Agreement. The Parties further acknowledge that this Agreement was executed freely and voluntarily and with the opportunity for each Party to receive the advice of independent legal counsel. 12. Severability. In the event that any of the terms or provisions of this Agreement are found to be legally unenforceable, then the remaining terms and conditions shall nevertheless be fully enforceable without regard to any such provision or terms that are found to be legally unenforceable. 13. Waiver, Modification, and Amendment. No provision hereof may be waived unless in writing and signed by the Parties. Waiver of anyone provision herein shall not be deemed to be a waiver of any other provision herein. This Agreement may be modified or amended only by a written agreement executed by the Parties. 14. Governing Law. The terms and provisions of this Agreement shall be construed, interpreted, and governed by the laws of the State of California. 15. Attorneys' Fees. Each party shall bear its own attorneys' fees and costs related to the Dispute. Should either party need to take any action, including, but not limited to, mediation, fee arbitration, collections, or civil action, to enforce or interpret this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs incurred. 16. Counterparts. This Agreement may be executed in counterparts, each of which when executed and delivered will be deemed an original, and all of which together will constitute one instrument. The execution of this Agreement by any party hereto will not become effective until counterparts hereof have been executed by all parties hereto. 17. Waiver of Civil Code Section 1542. The Parties each agree that this is a full and final release applying to all unknown and unanticipated injuries, harm, detriment, damages, claims, and causes of action arising out of or in any way relating to the incidents or events which form the basis of the Dispute concerning the Business, and the Parties each waive all rights or benefits which each now has or in the future may have under the terms of Section 1542 of the Civil Code of the State of California, which reads as follows: 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. The Parties each represent that each has read the above -quoted language of Civil Code Section 1542, consulted with his or its attorney regarding this waiver, and understands and acknowledges that as a minimum consequence of such specific waiver of Section 1542, any claim related to any injury of which he or it is not aware or to any injury which has not yet manifested is forever released and discharged. This release and waiver does not extend to properties other than the Business. 3 IN WITNESS THEREOF, the Parties have executed this Agreement on the date last below written and the sig�at�ries provide that they have authority to represent their respective Parties in this m tte(. OWNER: Jutlt L'bp)ft, Property CITY OF FRESNO a municipal corporation RINA M. GONZAL ES InteriMCiorm By rica rena /-Mle—f-Assistant City Attorney ATTEST: TODD STERMER, CMC City Clerk By: 4t C^0'r APPROVED AS TO FORM: RINA M. GONZALES Attachments: Exhibit A: Citations Exhibit B: Fire Report dated September 7, 2022 JN©:!h 4 �— Date toff LCr1'v Date uate /0151-?- -? Date EXHIBIT A ......................... Ctly of is important that you call to If you wish to talk to tt'': inspector about this citation, it schedule an appointment. Inspectors are in the field each day and may not be 1— available if you come In without an appointment. FIRST ADMINISTRATIVE CITATION HEALTH AND SAFETY CODE CITATION 1. Inspection Date: - 5'13 =p27 Time: ,.-_ - Citation Number: 301�38-'1 2. Location of violation(s): 9 '2 E-65"21 APN: ;168fki :ig n, o ^ .r_ rr:ia G;re ocs SG t n 907.8.6 3. The following violations were observed at the date and time noted above: 4a St"ni' Jrk art 0L' rc'.Cl$ G%'. The uil in owner shall be res ❑ns!ble tc ^' - _ _ O, ?0?�, it ,ras a.. al=rrn and lire Dwin the initial iris ectior. on June 3. ' -_ y-, area Er' b?r A,a Th-a system has been out of ser'!ca for �' !Lill^ -a `rY :•;as: - `1 'rC have G -- --� pf revious year . P. 2• I oyar notill ce lr.as +: — - _ f - insoeGGan sass on uGted QD .1una 14. 20�- 4. The following action is necessary on your part to correct the violation(s): =!rc �^ 2tcti i^all o into affect for vour b�li!dir:i : _-� .---.-- - - ra wed. Administrativ? itat!ans .vill ba is -•:a ziz •� . - ion anc [ e?ecli n syster sh it be repaired and e: _�T .Gri lal stale na sue- ^antral unit. Once raoaire . the tie alarnli and cetec imrnediatei if :amp :'t df tale ecui want is 8ourd tc_..::_ _.- 5. A fine/penalty of S800 per violation has been imposed. General code citations may be issued in the amounts of up to $250 per violation for the first citation, up to $500 per violation for the second citation, and up to $1000 per violation for the third and subsequent citations.- - (Fresno Municipal Code section 1-302 and 1-308(g)V& Master Fee Schedule) Payment method should be by cash, money order, or check, payable to the "City of Fresno, Fire Department," 911 H Street, Fresno, CA 93721. Please write the citation number on the check or money order. Please pay this citation within 30 days. No invoice willl be sent. TOTAL AMOUNT DUE: S800 PAYMENT DUE BY:: - 6- FURTHER FAILURE TO COMPLY WITH THE ENCLOSED CORRECTIVE NOTICE MAY RESULT IN ADDITIONAL CITATIONS WITH INCREASED PENALTIES FOR THE SAME VIOLATION(S) ON A DAILY BASIS; ANDIOR FURTHER LEGAL ACTION. (FMC § 1-304(d)) Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Code is committed, continued, or permitted by such person and shall be punished accordingly. 7. COLLECTIONS: PLEASE NOTE that should you fail to pay these charges in full within 30 days, the City may seek collection through any of the following means: (1) a collection agency; (2) a lien; (3) property assessment; andlor (4) legal action. (FMC 1-501 et seq.) Before a lien or special assessment would be placed on your property, an administrative hearing officer will confirm the costs by a public hearing. You will receive notice of the hearing at feast fifteen days prior to the date of the hearing and will be allowed to file an objection, If you fait to pay these charges within 30 days, a late fee of 1.5% or a minimum of $1.00 will be assessed to your outstanding balance. 8. APPEAL: You have the right to contest this citation by filing an appeal within fifteen (15) days from the date this citation was mailed (noted below). (FMC § 1-407(b)) You may file the appeal with the Hearing Officer at the Office of the City Manager, City of Fresno, 2600 Fresno Street, Room 2064, Fresno. CA 93721 . There is an Administrative Hearing Fee of $35 for residential up to two units, $55 for three or more units and $75 for commercial units. Please bring or Sono a check or money order with the request for appeal. If payment is not included with the request for appeal you will be billed. Recipient Recipient's Address Kings Palace 492 E Baici-, Fresno , 9,3, 2 7 Fire Inspector Fire Inspector's Phone Number Anthony Colbert 1559; 621- -iC DELIVERED IN PERSON K:IFIRE PREVENTION DIVISION (FPD-K)WDMINISTRATIVE CITATIONS/ADMINISTATIVE CITATION TEMPLATE EMC Rev. 3116/2018 Cityof ...... _. _ _ _,...... . ..... ............... CIf you wish talk to the inspector about this citation, it is important that you call to Fe a �- schedule an appointment. Inspectors are in the field each day and may not be available if you come in without an appointment. SECOND ADMINISTRATIVE CITATION HEALTH AND SAFETY CODE CITATION 1. Inspection Date: 05,20i2C22 Time: Citation Number: 3008t 2. Location of violation(s): - ?aIcn 3. The following violations were observed at the date and time noted above APN: -13 ' 1t0" a resoonsiblc ice. 1 day.:'Uar c — - - _ - _ ei spec ' d'ihHi he m�ra - _;<_ an_,no = _ - as in •Ia A-n r n lion on June 4- 202. it as cts&-v administrati`lg gitation wits sued and 241 hou:.§ otven [•; -ncY-- 4. The following action is necessary on your part to correct the violation(s): ci ation. fire watch shall :e;nto effe tfor - --- .-..-_----------._.._..-___-._- is no longer requir6d. Admf^!st(aliye 0' fions'(J!1 �S-,12Suec .''d1 uriil-4G_ GTic_- Additionally the fire alarm and detection system shall oc r�oairsc -- showina on the fire alarm con troi unit. Once reoairac- the fire ator. r L. s am snail t normal state and fixed immediately if an ar: _:' I'' _ irr,i:�_ z�>_i`� A finelpenalty of b ; .200 per violation has been imposed. General code citations may be 'issued in the amounts of up to $250 per violation for the first citation, up to $500 per violation for the second citation, and up to $1000 per violation far the third and subsequent citations. EjeF,+1r, �s,•.:;=-_r ar (Fresno Municipal Code section 1-302 and 1-308(g) S Master Fee Schedule) Payment method should be by cash, money order, or check, payable to the "City of Fresno, Fire Department," 911 H Street, Fresno, CA 93721. Please write the citation number on the check or money order. Please pay this citation within 30 days. No invoice will be sent. TOTAL AMOUNT DUE: PAYMENT DUE BY:._.__ 6. FURTHER FAILURE TO COMPLY WITH THE ENCLOSED CORRECTIVE NOTICE MAY KhbUL t IN AUWI t IUNAL CITATIONS WITH INCREASED PENALTIES FOR THE SAME VIOLATION(S) ON A DAILY BASIS; AND/OR FURTHER LEGAL ACTION. (FMC § 1-304(d)) Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Code is committed, continued, or permitted by such person and shall be punished accordingly. 7. COLLECTIONS: PLEASE NOTE that should you fail to pay these charges in full within 30 days, the City may seek collection through any of the following means: (1) a collection agency; (2) a lien; (3) property assessment; andlor (4) legal action. (FMC 1-501 et seq.) Before a lien or special assessment would be piaced on your property, an administrative hearing officer will confirm the costs by a public hearing. You will receive notice of the hearing at least fifteen days prior to the date of the hearing and will be allowed to file an objection. If you fail to pay these charges within 30 days, a late fee of 1.5% or a minimum of $1.00 will be assessed to your outstanding balance. 8. APPEAL: You have the right to contest this citation by filing an appeal within fifteen (15) days from the date this citation was mailed (noted below)_ (FMC § 1-407(6)) You may file the appeal with the Hearing Officer at the Office of the City Manager, City of Fresno, 2600 Fresno Street, Room 2064, Fresno, CA 93721 . There Is an Administrative Hearing Fee of $35 for residential up to two units, $55 for three or more units and $75 for commercial units. Please bring or send a check or money order with the request for appeal. If payment is not included with the request for appeal you will be billed. Recipient Recipient's Address Kinc's Pa..c; " 4942 = tea. Fresno. _ Fire Inspector Fire inspectors Phone Number DELIVERED IN PERSON K:IFIRE PREVENTION DIVISION (FPO-K)V\DMINISTRATNE CITATIONS/ADMINISTATIVE CITATION TEMPLATE i2018 City of . rn If you wish totalk to the inspector about this citation, it is important that you call to a schedule an appointment. Inspectors are in the field each day and may not be available if you come in without an appointment. THIRD ADMINISTRATIVE CITATION HEALTH AND SAFETY CODE CITATION 1. Inspection Date: 06/21/2022 Time: :'=0C' Citation Number: 3$-3 2. Location of violation(s): 4342 t 2a(ch APN: _•3, j'G i 3. The following violations were observed at the date and time noted above: 2C' 2 Ca6-crnia e Cody SgcL , -n7-3 5 ildi^g owner ;hall be responslale to malnwin iSlti c'. :c Sa 3tj SL— -1 .S in �!' O Jerable COn iuDf] at 2'I rifles. [During the In4lal inspection 3n June 13. 022 I' -3$ 3a° il'.?. -^,E t U ui:p aft[ life saiei`,' v terr was Out Of Service. A 24 noUr notice !'jas given to nave the S,!S'arn , :,. .. .0 , r.,e! "a c O a'•i2 _ -ire ,: atO', pia e Du'I^.g the first rairispaciton on Jane 17. 2022 it .-gas 4' Ser.=-o iha st •;a o.. c anc. a atch AaS in p'-:;e. ... Admimstrative Citation issued. A third insreciio: . as dicta.:., c _'1'-02� ar•c was 55 ^ � • was not fixed and no Fire Veatch was In place. A 38Cond Ad;v.Ii iSi*ati E as iSSL 4. The following.action is necessary on your partto correetthe violation(s): Citation Fire Watch shall go into effect for your buddings _u ti th•=. r2>:.. !ire atia-tment !ioUries you ;"at a ,r2 is no longer required. Administrative Citations %,vill be issues a!iyu,t,• of a : ire Watch is oro,.ideo. Additionally. the. fire alarm and detection system shah be coca. ed an - ^alma/ >t2tA R�ith na tr�iablas showing on the fire alarrn Control unit. Once ,epairec; inn firB slarm S:'•- Snai! be rraiiitsa.ined in c normal state and fixed immediately if any ;.tart of the equipment s four, 5. A fine/penalty of 51,600 per violation has been imposed. General code citations may be issued in the amounts of up to $250 per violation for the first citation, up to $500 per violation for the second citation, and up to $1000 per violation for the third and subsequent citations. Health and Safety code citations may be issued in the amounts of up to $800 per violation for the first citation, up to $1,200 per violation for the second citation, and up to $1,600 per violation for the third and subsequent citations- (Fresno Municipal Code section 1-302 and 1-308(g) & Master Fee Schedule) Payment method should be by cash, money order, or check, payable to the "City of Fresno, Fire Department," 911 H Street, Fresno, CA 93721. Please write the citation number on the check or money order Please pay this citation within 30 days. No invoice will be sent. TOTAL AMOUNT DUE: �'l §Q PAYMENT DUE BY: Su! 21 ? 22 3. FURTHER FAILURE TO COMPLY WITH THE ENCLOSED CORREC1Ivt NUItVt mNT Mr-JUL-1 11-4 rav1.+I1Iwl� CITATIONS WITH INCREASED PENALTIES FOR THE SAME VIOLATION(S) ON A DAILY BASIS; AND/OR FURTHER LEGAL ACTION. (FMC § 1-304(d)) Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Code is committed, continued, or permitted by such person and shall be punished accordingly. 7. COLLECTIONS: PLEASE NOTE that should you fail to pay these charges in full within 30 days, the City may seek collection through any of the following means: (1) a collection agency; (2) a lien; (3) property assessment; and/or (4) legal action. (FMC 1-501 et seq.) Before a lien or special assessment would be placed on your property, an administrative hearing officer will confirm the costs by a public hearing. You will receive notice of the hearing at least fifteen days prior to the date of the hearing and will be allowed to file an objection. If you fail to pay these charges within 30 days, a late fee of 1.5% or a minimum of $1.00 will be assessed to your outstanding balance. 8. APPEAL: You have the right to contest this citation by filing an appeal within fifteen (15) days from the date this citation was mailed (noted below). (FMC § 1-40T(0)) You may Tile Me appeal with the He"Unng Officer at tha QF>fco of the City Manager, City of Fresno, 2600 Fresno Street, Room 2064, Fresno, CA 93721. There is an Administrative Hearing Fee of $35 for residential up to two units, $55 far three or more units and $75 for commercial units. Please bring or send a check or money order with the request for appeal, if payment is not included with the request for appeal you will be billed. Recipient Recipient's Address King's Palace 49 2 E Salcl- Fire Inspector Fire Inspector's Phone Number .A mhon,'d Coibert 551�' 821 DELIVERED IN PERSON KAFIRE PREVENTION DIVISION (FPD-K)WDMINISTRATIVE CITATIONS/ADMINISTATIVE CITATION TEMPLATE EMC Rev. 311612018 City01 . ...... ....... . .............. FREEA � ��� ��_ if you wish to talk to the inspector about this citation, it is important that you call to �II�% schedule an appointment. Inspectors are in the field each day and may not be available if you come In without an appointment. FOURTH ADMINISTRATIVE CITATION HEALTH AND SAFETY CODE CITATION 1. Inspection Date: 06 22i2022 Time: 1000 Citation Number: :3•J 38- 2. Location of violation(s): 4942 E Balch APN: 636 01g 3. The following violations were observed at the date and time noted above: Wai&rnia Fire Cade Stclion 907 8.5. !c: bvi.r Elmg owner snail be responsible to mamiain tna i,re a:• sy� ,ar,s it an op.erabl.e condition at all times. During tl:e Initial inspection on June 13 2022 tt was rise :.. - "e fife alarm and life safety system was out of scl1Jice 4 % near noticewas given [O !3':4 ins sysi=" loi-r1-al state or I'ave a �iC3 }111aW) i0 place. ovoirO the first reinspection on June 14, 2022 it :vas obser'jed J-,- ... -,as iot -xad acid no F're YI at, as io claca Af, Administrative Citation was Issued. A third irspectlon ,,as conduct ec- Or 06'20'2072 and 'I oias Observed the system was not fixed and no Fire Watch was in place. A seconc Ad:^ inissative Citation was issued. On 0612i/2022 =ire V,!atch vas still not in place and third citation vvas iss_Ied- 4. The following action is necessary on your part to correct the violation(s): Citation Fire Watch shall go into effect for your bui?dii gs jni' ri:e Frasnc F,r� �I?parn�a n.eti'iSs you to E a fi e :v?tcn is nr, longer required..Adminlsirative Cilatior+s "Jil be ;58,:ed daily U"1j' of -1ra 1"Ea=ch Is :)rc%,ided. Additionally. the fire alarm anc detection sy5-Lem shcaJ -as :ecaEr31 d')C "sE::rr 0 :c 3 normal stale vilth no :xouVes showing or. the fire alarm control unit. Once repairer:°...•:a 're 3 ar" snit ds:eoro^ System shall be maintained in a normal state and Fixed immediately If any part of the .:Ipni. • _ ':,unc to be defective 5. A fine/penalty of a1.606 per violation has been imposed. General code citations may be issued in the amounts of up to $250 per violation for the first citation, up to $500 per violation for the second citation, and up to $1000 per violation for the third and subsequent citations. Health and Safety code citations may be issued in the amounts of up to $800 per violation for the first citation, up to $1,200 per violation for the second citation, and up to $1,600 per violation for the third and subsequent citations. (Fresno Municipal Code section 1-302 and 1-308(g) & Master Fee Schedule) Payment method should be by cash, money order, or check, payable to the "City of Fresno, Fire Department," 911 H Street, Fresno, CA 93721. Please write the citation number on the check or money order. Please pay this citation within 30 days. No invoice will be sent. TOTAL AMOUNT DUE: S1.600 PAYMENT DUE BY: �uL- ?%._-D22 6. FURTHER FAILURE TO COMPLY WITH THE ENCLOSED CORRECTIVE NOTICE MAY rctsul-i to AUUI ItvryKL- CITATIONS WITH INCREASED PENALTIES FOR THE SAME VIOLATION(S) ON A DAILY BASIS; AND/OR FURTHER LEGAL ACTION. (FMC § 1-304(d)) Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Code is committed, continued, or permitted by such person and shall be punished accordingly. 7. COLLECTIONS: PLEASE NOTE that should you fail to pay these charges in full within 30 days, the City may seek collection through any of the following means: (1) a collection agency; (2) a lien; (3) property assessment; andlor (4) legal action. (FMC 1-5011 et seq.) Before a lien or special assessment would be placed on your property, an administrative hearing officer will confirm the costs by a public hearing. You will receive notice of the hearing at least fifteen days prior to the date of the hearing and will be allowed to file an objection. If you fail to pay these charges within 30 days, a late fee of 1.5% or a minimum of $1.00 will be assessed to your outstanding balance. 8. APPEAL: You nave the rignt to coriwai tni5 eitouan by riling an appi�rol wl thin nnucn (15) doyw rmm tho da-'kin citation was mailed (noted below). (FMC § 1-407(b)) You may fie the appeal with the Hearing Officer at the Office of the City Manager, City of Fresno, 2600 Fresno Street, Room 2064, Fresno, CA 93721. There is an Administrative Hearing Fee of $35 for residential up to two units, $55 for three or more units and $75 for commercial units. Please bring or send a check or money order with the request for appeal. If payment is not included with the request for appeal you will be billed. Recipient Recipient's Address King s Palace 4942 E 6alci, Fire Inspector Fire Inspector's Phone Number .4n,hony {:o'bert 559 62 1-1; : DELIVERED IN PERSON K:\FIRE PREVENTION DIVISION (FPD-K)1ADMINISTRATIVE CITATIONS/ADMINISTATNE CITATION TEMPLATE EMC Rev. 3/16/2018 city of OE M 111_ If you wish to talk to the inspector about this citation, it is important that you call to OEM ^ schedule an appointment. Inspectors are in the field each day and may not be 1. available if you come in without an appointment. -_ URT-H ^DMINISTRATIVE CITATION HEALTH AND SAFETY CODE CITATION 1. Inspection Date: 06i212022 Citation Number: 2. Location of violation(s): 4942 E Balch APN: 46304019 3. The following violat%i9s;were obsetYed at thF date and me not above:.2019 California Fire Code $action 907:815. The building owner. shall be responsible to ma, systerns in an:oFerat le conCttien at all artrs. During the initial inspection on June 13, 2022 it was obser-5d t'nat the Tire aia n and- !ifs safety syste . was out cf service A 24 hour notice was given to have the system returned to a normal sTate or have a Fire'.^;etch in place. During the first rc-inspection on June 14. 2022 it v1as cbser•/ed [i,e syszen- vas not •`xed and inc F..e A+'d=tci,: v./as in place. An ,Arin-unlsaracive Citation was Issued. A third inspactl0n ',,jas GGiId UCteG GC` 0ct2_);2'J22 and is 'vvas obser`i d Zhe s'ystern vvas not fixed. and no Fire khatch was in place..A secor:d ^dm:nistratl'ue Ci aiion .vas issued. On 11&2122:-1 22 Flre.Al atch Spas still = in place and Third citation was IssueU. Or 03 22 2322 : Ire '.1/3-C�. ..as :10: +l puce a5d a iCL'rih Cltat O'l',Vas 'ssued 4. The following action is necessary on your part to correct the violation(s): ;rc:: _ i,a ::1 ,:.: r - ,.e Fire Watch shall go into e7cOt €Dr YCUr buildings LunLII : =iOSnC re Decal anent no is C-s JOLT that a ',ire S'•.'a n .S no longer required- Administrative Cite iions ait] ❑2 tsau _. i'/ :fill do-u e!: _Aor.- 0" a -lie `i!('2Lch Is provided. e tion S St-r.l Shall c':irc_ .:'C : u Il+Jrri .at0 oV 'C JD+:ble5 Additionally. the fire alarm and d t � y �i � , ' - showing on the fire alarm control unit. Onca rapoti a4 aici. and 01' sj sien: sna, il be r^B;iTHlile- normal store and Fixed imrnedlately 'f an', Past OF :%? n' . . is _)Li.^: Cc 1CteCj! 5. A fine/penalty of $1.600 per violation has been imposed. General code citations may be issued in the amounts of up to $250 per violation for the first citation, up to $500 per violation for the second citation, and up to $1000 per violation for the third and subsequent citations. Health and Safety code citations may be issued in the amounts of up to $800 per violation for the first citation, up to $1.200 per violation for the second citation, and up to $1,600 per violation for the third and subsequent citations. (Fresno Municipal Code section 1-302 and 1-308(g) & Master Fee Schedule) Payment method should be by cash, money order, or check, payable to the "City of Fresno, Fire Department," 911 H Street, Fresno, CA 93721. Please write the citation number on the check or money order. Please pay this citation within 30 days. No invoice will be sent. TOTAL AMOUNT DUE: S1.600 PAYMENT DUE BY: T1I1.1 A 1 6_ FURTHER FAILURE TO COMPLY WITH THE ENGLU51zU UUKKICI, 1 rvr- rvv 11..= 1111n 1 '•• ^- .-" •- •---- CITATIONS WITH INCREASED PENALTIES FOR THE SAME VIOLATION(S) ON A DAILY BASIS; AND/OR FURTHER LEGAL ACTION. (FMIC § 1-304(d)) Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Code is committed, continued, or permitted by such person and shall be punished accordingly. 7. COLLECTIONS: PLEASE NOTE that should you fall to pay these charges in full within 30 days, the City may seek collection through any of the following means: (1) a collection agency; (2) a lien; (3) property assessment; and/or (4) legal action. (FMC 1-501 at sec{_) Before a lien or special assessment would be placed on your property, an administrative hearing officer will confirm the costs by a public hearing. You will receive notice of the hearing at least fifteen days prior to the date of the hearing and will be allowed to file an objection. if you fail to pay these charges within 30 days, a late fee of 1.5% or a minimum of $1.00 will be assessed to your outstanding balance. 8. APPEAL: You have the right to contest this citation by filing an appeal within fifteen (15) days from the date this citation was mailed (noted below). (FMC § 1-407(b)) You may file the appeal with the Hearing Officer at the Office of the City Manager, City of Fresno, 2600 Fresno Street, Room 2064. Fresno, CA 93721. There is an Administrative Hearing Fee of $35 for residential up to two units, $55 for three or more units and $75 for commercial units. Please bring or send a check or money order with the request for appeal, if payment is not included with the request for appeal you will be billed. Recipient Recipient's Address King's Palace 4942 E Balch Fire Inspector Fire Inspector's Phone Number Anthony Colbert 559 62'1-4146 DELIVERED IN PERSON KAFIRE PREVENTION DIVISION (FPD-K)WDMINISTRATIVE CITATIONS/ADMINISTATIVE CITATION TEMPLATE EMC Rev. 311612018 City of If you wish to talk to the inspector about this citation, it is important that you call to r�.r.. schedule an appointment. Inspectors are in the field each day and may not be available if you come in without an appointment. SIXTH ADMINISTRATIVE CITATION HEALTH AND SAFETY CODE CITATION 1. Inspection Date: 06,24'2022 10�-0 Citation Number: 30088-6 2. Location of violation(s): 46,42 E Balch APN: 453040 19 3. The following violations were observed at the date and time noted above: 2019 California Fire Code Section 90 r.8.5. The building owner shall be responsible to maintain the fire and life sarISty systems in an operable col -,di. -.ion at all times. During -the initial inspection on June 13, 2022 it was observed that the file alarm and life safety sys`iarn was out of service. A 24 hour notice was given to have the system returned to a normal state or nave a Fir v,iatcn in place. During the first reinspecdon on June 14. 2022 it was observed the system was not rued anc no Fare Watch ,n/as in piace. An Administrative Citation was issued A third inspection v)as concocted on 06;20,,2022 and it was obserjee the system was not fixed and no Fire Watch was in place. A second Administrative Citation was issued. On 06/21i2022 Fire 'Watch was still not in place and third citation was issued. On 06,22.l2022 Fire 'Watch was not in place and a fourth station was issued. On 06/23/2022 a fifth citation was issued. 4. The following action is necessary on your part to correctthe violation(s): upon receiving inls sxtn Administrative Citation Fire Watch shall go into effect for your buildings until the Fresno Fire Department notifies you :hat a fire watch is no longer required. Administrative Citations will be issued daily anti) documentation of a Fire Watch is provided. Additionally, the fire alarm and detection system shall be :epahed and re_urned io a non-nal state with no troubles showing on the fire alarm control unit, Once repaired. 'Lhe Sre aiarm and detemion system small be maintained in a normal state and fixed immediately if any part of the eq!_upn,ent is `cunt :o oe defective. 5. A fine/penalty of $1,600 per violation has been imposed. General code citations may be issued in the amounts of up to $250 per violation for the first citation, up to $500 per violation for the second citation, and up to $1000 per violation for the third and subsequent citations. Health and Safety code citations may be issued in the amounts of up to $800 per violation for the first citation, up to $1,200 per violation for the second citation, and up to $1,600 per violation for the third and subsequent citations. (Fresno Municipal Code section 1-302 and 1-308(g) & Master Fee Schedule) Payment method should be by cash, money order, or check, payable to the "City of Fresno, Fire Department," 911 H Street, Fresno, CA 93721. Please write the citation number on the check or money order. Please pay this citation within 30 days. No invoice will be sent. TOTAL AMOUNT DUE: PAYMENT DUE BY:... _ 6. FURTHER FAILURE TO COMPLY WITH THE ENCLOSED CORRECTIVE NOTICE MAY RESULT IN ADDITIONAL CITATIONS WITH INCREASED PENALTIES FOR THE SAME VIOLATION(S) ON A DAILY BASIS; AND/OR FURTHER LEGAL ACTION. (FMC § 1-304(d)) Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Code is committed, continued, or permitted by such person and shall be punished accordingly. 7. COLLECTIONS: PLEASE NOTE that should you fail to pay these charges in full within 30 days, the City may seek collection through any of the following means: (1) a collection agency; (2) a lien; (3) property assessment; and/or (4) legal action. (FMC 1-501 et seq.) Before a lien or special assessment would be placed on your property, an administrative hearing officer will confirm the costs by a public hearing. You will receive notice of the hearing at least fifteen days prior to the date of the hearing and will be allowed to file an objection. If you fail to pay these charges within 30 days, a late fee of 1.5% or a minimum of $1.00 will be assessed to your outstanding balance. 8. APPEAL: You have the right to contest this citation by filing an appeal within fifteen (15) days from the date this citation was mailed (noted below). (FMC § 1-407(b)) You may file the appeal with the Hearing Officer at the Office of the City Manager, City of Fresno, 2600 Fresno Street, Room 2064, Fresno, CA 93721. There is an Administrative Hearing Fee of $35 for residential up to two units, $55 for three or more units and $75 for commercial units. Please bring or send a check or money order with the request for appeal. If payment is not included with the request for appeal you will be billed. Recipient Recipient's Address Kings Palace 4942 I_ Balch Fire Inspector Fire Inspector's Phone Number Anthony Colbert 559 521-4146 DELIVERED IN PERSON K:IFIRE PREVENTION DIVISION (FPD-K)1ADMINISTRATIVE CITATIONS/ADMINISTATIVE CITATION TEMPLATE EMC Rev. 3/16/2018 (Ay ct �1I J ICCfICIL�' /►! _ If you wish to talk to the inspector about this citation, it is important that you call to schedule an appointment. Inspectors are in the field each day and may not be available if you come in without an appointment. SEVENTH ADMINISTRATIVE CITATION HEALTH AND SAFETY CODE CITATION 1. Inspection Date: 06/2712022 Time: 1000 Citation Number: 30088-7 2. Location of violation(s): 4942 E Balcll APN: 46304019 The following violations were observed at the date and time noted above: 2019 California Fire Code Section 907,8.3. The building owner shall be responsible to maintain the fire and life safety systems in an operable condition at a!! times. During -the initial inspection on June 13, 2022 it was Observed tinat the fira alarm and life safety system was out of service. A. 24 hour notice was given to have the system ratur-^ed to a r:crr.-:a: stale or have a Flra 01atch ri place. During :he first reinspection on June '14, 2022 it was onsefVe Jlc SySC ii Was n0l. I!X i' and no F;,-a Watch ',Nas in place. An Administrative Citation Was issued. A third inspectiJn was 3onducted vf, b;20;2G22 and i` V.'as Observed the System Has ncL, nixed and no Fire lydatch was in place_ A second AdmiP!Strai,'Je C L?,.;Dn `.,'as issued Or! 06/21!2022 Fire 1'Vatch was still not In place and third citation was issued. On 06:22,'2 i22 Fire Ab'a'Lc,: was not In place and a fourth citation !Vas issued. On 06/23/2022 a fifth citation was issued. On 06f24 2022 a sixth citado^ wias issued. 4. The following action is necessary on your part to correct the violation(s): 'rc -� recei,, n:g _his seven[h Citation Fire Watch shall go into effect for your buildings 1,11-i6i the =resno Fire De artmeni ratifies you that a lire watch is no longer required. Administrative Citations Drill be iss',ed daily untli locumsniaiion of a Pre 'Alatch is provided Additionally, the fire alarm, and detection system snail be ed a,,c -o a 7or:ral state mth 'nc trdubleS showing on the fire alarm control unit. Once repaired. the dire clan and detection system shali be maintained in a normal state and fixed immediately if any pa,, of 'the ,a_quiprn i,i is found )3 defective. 5. A fine/penalty of $1,600 per violation has been imposed. General code citations may be issued in the amounts of up to $250 per violation for the first citation, up to $500 per violation for the second citation, and up to $1000 per violation for the third and subsequent citations. Health and Safety code citations may be issued in the amounts of up to $800 per violation for the first citation, up to $1,200 per violation for the second citation, and up to $1,600 per violation for the third and subsequent citations. (Fresno Municipal Code section 1-302 and 1-308(g) & Master Fee Schedule) Payment method should be by cash, money order, or check, payable to the "City of Fresno, Fire Department," 911 H Street, Fresno, CA 93721. Please write the citation number on the check or money order. Please pay this citation within 30 days. No invoice will be sent. TOTAL AMOUNT DUE: S1.600 PAYMENT DUE BY:. Liiv?7- 2022 6. FURTHER FAILURE TO COMPLY WITH THE ENCLOSED CORRECTIVE NOTICE MAY RESULT IN ADDITIONAL CITATIONS WITH INCREASED PENALTIES FOR THE SAME VIOLATION(S) ON A DAILY BASIS; AND/OR FURTHER LEGAL ACTION. (FMC § 1-304(d)) Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Code is committed, continued, or permitted by such person and shall be punished accordingly. 7. COLLECTIONS: PLEASE NOTE that should you fail to pay these charges in full within 30 days, the City may seek collection through any of the following means: (1) a collection agency; (2) a lien; (3) property assessment; and/or (4) legal action. (FMC 1-501 at seq.) Before a lien or special assessment would be placed on your property, an administrative hearing officer will confirm the costs by a public hearing. You will receive notice of the hearing at least fifteen days prior to the date of the hearing and will be allowed to file an objection. If you fail to pay these charges within 30 days, a late fee of 1.5% or a minimum of $1.00 will be assessed to your outstanding balance. 8. APPEAL: You have the right to contest this citation by filing an appeal within fifteen (15) days from the date this citation was mailed (noted below). (FMC § 1-407(b)) You may file the appeal with the Hearing Officer at the Office of the City Manager, City of Fresno, 2600 Fresno Street, Room 2064, Fresno, CA 93721. There is an Administrative Hearing Fee of $35 for residential up to two units, $55 for three or more units and $75 for commercial units. Please bring or send a check or money order with the request for appeal. If payment is not included with the request for appeal you will be billed. Recipient Recipient's Address King's Palace 4942 = Ealch Fire Inspector Fire Inspector's Phone Number Anthony C'-Dibal _ 519 621 -41c DELIVERED IN PERSON KAFIRE PREVENTION DIVISION (FPD-K)VADMINISTRATIVE CITATIONS/ADMINISTATNE CITATION TEMPLATE EMC Rev 311612018 City of ..... ................ ......... ...-... .-................... .. If you wish to talk to the inspector about this citation, it is important that you call to schedule an appointment. Inspectors are in the field each day and may not be available if you come in without an appointment. SEVENTH ADMINISTRATIVE CITATION HEALTH AND SAFETY CODE CITATION 1. Inspection Date: 06,28/2022 _-_ Citation Ivurri - - - 2. Location ofviolation(s): 4°42 c Salcpi APN: 4030'!0? 3. The following violations were observed at the date and time noted above: 20'1 J Cali' iia -ire Coce Seciion 907.8.5. The building owner shall be responsible to maintain the lire and life safety systems in ant operaole condicior at all times - During -the initial inspection on June 13, 2022 it was observed tha: the 5re alarm and life safety system was out of service. A 24 hour notice was given to have the system returned to a ncrmal state or nave a Fire \.Vatch in place. During the first reinspection on June 14, 2022 it was obsered the system -,tas not xc--o' and no Fire \11latch was in place. An Administrative Citation was issued. A. third inspection was cenc,uc[ed o- 063r20:2022 anc i- :vas observed the system was not fixed and no Fire U'datch was in place. A second Administrati%e Citation •vas issued. On 06;21,'2022 Fire'Natch was still not in place and third citation was issued. On D6;22!2022 Fire'O%atcn was not in place and a fourth citation was issued. On 06/23/2022 a fifth citation was issued. On 06/24;2022 a slit ci,;atio. ,vas issued. On 06/27,2022 a seventh citation was issued, 4. The following action is necessary on your part to correct the violation(s): Jpon receiving this eighth Administrative Citation Fire Watch shall go into effect for your buildings -Vu! t"•-e Fresno Fire Depar tmem notifies you that a `ire watch is no longer required. Administrative Citations will be issued daily untii docurneniation of a Fire'YJatch is provided. Additionally, the fire alarm and detection system shai! be repaired and rctun c :o a normal state witl-, nno troubles showing on the fire alarm control unit- Once repaired, il'ie fire alarr:, and detecton system shall be maintained in a normal state and fixed immediately if any part of the eeuiomeni is found 'cc ' ,a rierective. 5. A fine/penalty of >_ per violation has been imposed. General code citations may be issued in the amounts of up to $250 per violation for the first citation, up to $500 per violation for the second citation, and up to $1000 per violation for the third and subsequent citations. Health and Safety code citations may be issued in the amounts of up to $800 per violation for the first citation, up to $1,200 per violation for the second citation, and up to $1,600 per violation for the third and subsequent citations. (Fresno Municipal Code section 1-302 and 1-308(g) & Master Fee Schedule) Payment method should be by cash, money order, or check, payable to the "City of Fresno, Fire Department," 911 H Street, Fresno, CA 93721. Please write the citation number on the check or money order. Please pay this citation within 30 days. No invoice will be sent. TOTAL AMOUNT DUE: 31.600 PAYMENT DUE BY: JUI\; 28. 2022 6. FURTHER FAILURE TO COMPLY WITH THE ENCLOSED CORRECTIVE NOTICE MAY RESULT IN ADDITIONAL CITATIONS WITH INCREASED PENALTIES FOR THE SAME VIOLATION(S) ON A DAILY BASIS; AND/OR FURTHER LEGAL ACTION. (FMC § 1-304(d)) Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Code is committed, continued, or permitted by such person and shall be punished accordingly. 7. COLLECTIONS: PLEASE NOTE that should you fail to pay these charges in full within 30 days, the City may seek collection through any of the following means: (1) a collection agency; (2) a lien; (3) property assessment; and/or (4) legal action. (FMC 1-501 et seq.) Before a lien or special assessment would be placed on your property, an administrative hearing officer will confirm the costs by a public hearing. You will receive notice of the hearing at least fifteen days prior to the date of the hearing and will be allowed to file an objection. If you fail to pay these charges within 30 days, a late fee of 1.5% or a minimum of $1.00 will be assessed to your outstanding balance. 8. APPEAL: You have the right to contest this citation by filing an appeal within fifteen (15) days from the date this citation was mailed (noted below). (FMC § 1-407(b)) You may file the appeal with the Hearing Officer at the Office of the City Manager, City of Fresno, 2600 Fresno Street, Room 2064, Fresno, CA 93721. There is an Administrative Hearing Fee of $35 for residential up to two units, $55 for three or more units and $75 for commercial units. Please bring or send a check or money order with the request for appeal. If payment is not included with the request for appeal you will be billed. Recipient Recipient's Address Kings Palace 4942 E Balch Fire Inspector Fire inspector's Phone Number K:IFIRE PREVENTION DIVISION (FPD-K)1ADMINISTRATIVE CITATIONSIADMINISTATIVE CITATION TEMPLATE EMC Rev. 311612018 EXHIBIT B XI Form: 06 Fire Inspection Form 18.10 Inspection Description: Fresno Fire Department Occupancy: KINGS PALACE Occupancy ID: 30088 Address: 4942 E BALCH AVE Building #01 Fresno CA 93727 Inspection Type: Re2 - Re -Inspect 2 + Inspection Date: 9/7/2022 Time In: 14:30 Authorized Date: 09/14/2022 By: Colbert, Anthony (19378) Time Out: 16:00 By: Colbert, Anthony (19378) Based on the 2019 California Fire Code with City of Fresno local amendments. I Inspection Topics: California Fire Code Cha 1 -Sco and Administration CFC 102.4, CBC 105.1 Application of Building Code - Unpermitted Construction The design and construction of new structures shall compiy with the California Building Code, and any alterations, additions, changes in use or changes in structures required by this code, which are within the scope of the Cafifomia Building Code, shall be made in accordance therewith. Any owner or authorized agent who intends to ccnsiruct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or struclu re, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit_ You are hereby noticed and ordered to discontinue the use of the facility for other than the approved use until you have obtained all of the necessary permits, completed all of the required work, and had the permits finaled by all regulatory agencies. This issue will be referred to the City of Fresno Code Enforcement Division for review and follow-up. Status: FAIL Notes: All construction performed on buildings within the City of Fresno shall require approved permits. Work appears to have been performed on site without a permit. At 4917 E Balch the exterior north wall has a gray pipe running from under the eave to the ground not attached to the wall. Identify the function of the pipe and provide a copy of the signed, approved permit, or contact the Planning and Development Department to submit plans and obtain permits for the work performed if the work required a permit. Provide documents to Inspector Colbert by mail at 911 H Street, Fresno, CA 93721 or by email at Anthony.Colbert@fresno.gov . VIOLATION 1 Printed on 09/26/22 at 09:32:52 Page 1 of 6 (California Fire Code Chapter 5 - Fire Service Features CFC 503.3 Fire Apparatus Access Roads - Fire Lane Marking Where required by the fire code official, approved signs or other approved notices or markings that include the words NO PARKING -FIRE LANE shall be provided for fire apparatus access roads to identify such roads or prohibit the obstruction thereof. The means by which fire lanes are designated shall be maintained in a clean and legible condition at all times and be replaced or repaired when necessary to provide adequate visibility. Status: FAIL Notes: The fire lanes on site are faded. Fire lanes shall be a minimum of 20 feet of clear width, painted red and stenciled in white reading "FIRE LANE NO PARKING" every 50 feet. VIOLATION 2 CFC 505.1 Premises identification., FMC 10-50505.1 Address Identification. New and existing buildings shall be provided with approved address identification. The address identification shall be legible and placed in a position that is visible from the street or road fronting the property. Address identification characters shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall not be spelled out. Each character shall be not less than 4 inches high with a minimum stroke width of 112 inch, unless larger characters are specified by Development and Resource Management Policy 02.111 andlor G-002. Where required by the fire code official, address identification shall be provided In additional approved locations to facilitate emergency response_ The requirements of Fresno Municipal Code Section 12.1300 e. seq. shall be followed. Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address identification shall be maintained. Status: FAIL Notes: Building addressing shall be of contrasting colors and clearly visible from the street and/or parking lot. Address numbers shall be a minimum 4 inches in height and have a'/2 inch stroke. Address shall be posted on all buildings and each unit shall have its unit number posted. Printed on 09/26/22 at 09:32:52 Page 2 of 6 CFC 509.1 Fire Protection and Utility Equipment Identification and Access - Identification and signage Fire protection equipment shall be identified in an approved mariner. Rooms containing controls for air-conditioning systems, sprinkler risers and valves, or other fire detection, suppression or control elements shall be ideniirLed for the use of the fire department. Approved signs required to identify fire protection equipment and equipment location shall be constructed of durable materials, permanently installed and readily visible. Status: FAIL Notes: Label the Fire Alarm Control cabinets on Buildings: 4934 E Balch, 4950 E Balch, 4958 E Balch, and 4966 E Balch with contrasting color letters at least 4 inches high with the letters TACU" to identify them as the fire alarm control units. VIOLATION 3 6 Printed on 09/26/22 at 09:32:52 Page 3 of 6 California Fire Code Chapter 6 - Building Services and S) CFC 604.6 Electrical Equipment, Wiring and Hazards - Unapproved conditions. Open junction boxes and open -wiring splices shall be prohibited. Approved covers shall be provided for all switch and electrical outlet boxes. Status: FAIL Notes: Replace missing cover plates or electrical outlets on the exterior patios and balconies of: 502 S Winery # 201, 203 506 S Winery #201, 202, 203 516 S Winery #102, 103, 104, 105, 106, 108 520 S Winery #201, 202, 203 524 S Winery #201, 207, 208 528 S Winery #103, 107, 108, 206, 208 532 S Winery #101, 202 540 S Winery # 201, 202, 203, 204, 205, 206, 207, 208 544 S Winery #103, 105, 106, 108, 201, 203, 205, 206, 207, 208 546 S Winery #102, 103, 105, 106, and south side exterior wall under eave near drain 548 S Winery #101, 102, 103, 201, 202, 203, 204, and south side exterior wall above electrical meters 556 S Winery #101, 102, 104, 105, 106, 107, 108 4925 E Balch #104 under eave 4941 E Balch #207, 208 4949 E Balch #101, 102, 103, 104, 105 4973 E Balch #101, 102, 103, 105, 107 and anywhere else on the property. VIOLATION 4 California Fire Code Chapter 9 - Fire Protection S CFC 901.6 General Requirements - Inspection, testing and maintenance - Fire Sprinkler System Annual Test Required. The fire sprinkler system and it's components must be maintained in accordance with National Fire Protection Association Standard 25-Inspection, Testing and Maintenance of Water Based Fire Protection Systems (California Edition). Documentation that an annual flow test and main drain test have been completed, and that the system is being maintained in accordance with this standard, must be made available to the fire code official upon request. CCR T:19; NFPA 25 (CA Ed.). VIOLATION cJ Status: FAIL Notes: Fire sprinkler systems shall be serviced annually. Contact a licensed fire sprinkler contractor to service the fire sprinkler system at 510 S Winery, or provide documentation of service within the last twelve months to Inspector Colbert at Anthony.Colbert@fresno.gov . CFC 901.6 General Requirements - Inspection, testing and maintenance - Smoke Alarm/Smoke Detector Maintenance Program. Smoke alarms and/or smoke detectors shall be maintained in an operative condition at all times and shall be repaired or replaced when defective. The Fresno Fire Department recommends that property management create and maintain a smoke alarm/smoke detector maintenance program. This program shall include documentation of regular inspections of the smoke alarms/detectors, units inspected and alarms/detectors that were repaired or replaced. Status: FAIL VIOLATION 6 Notes: During the inspection, a smoke alarm and/or carbon monoxide alarm low -battery "chirp" was heard in the proximity of unit 524 S Winery #105. Repair or replace as needed. Printed on 09/26/22 at 09:32:52 Page 4 of 6 CFC 906.2 Portable fire extinguishers - General requirements - Servicing. Portable fire extinguishers shall be selected, installed and maintained in accordance with the CFC and CCR, Title 19, Division 1, Chapter 3 All portable fire extinguishers are required to be serviced and tagged annually or when discharged. VIOLATION 7 Status: FAIL Notes: Fire extinguishers shall be serviced annually or when discharged by a licensed fire extinguisher contractor. The fire extinguisher located at: 502 S Winery #105, 107, 205 506 S Winery #104 512 S Winery #201 524 S Winery #106 have not been serviced in the last twelve months or have been discharged. Contact a licensed contractor to service these extinguishers. CFC 915 Carbon Monoxide Detection - Where required - New Group 1-2, 1-4, R and E classrooms. Carbon monoxide detection shall be provided in Group 1-2, 1-4, R occupancies and classrooms in Group E occupancies where any of the following conditions exist: 1. Dwelling units, steeping units and classrooms that contain a fuel -burning appliance or fuel- buming Fr replace; 2. Dwelling units, sleeping units and classrooms served by a fuel-buming, force -air furnace. Exception: where carbon monoxide detection is provided in the first room or area served by each main duct leaving the fumace. and the carbon monoxide alarm signals are automatically transmitted to an approved location; 3. Dwelling units, sleeping units and classrooms located in buildings that contain fuel -fired appliances or fuel -burning fireplaces that are outside of the actual dwelling unit, sleeping unit or classroom. Exception: where there are no communicating openings between the appliance or fireplace and the dwelling unit, sleeping unit or classroom; where carbon monoxide detection is provided in an approved location between the appliance or fireplace and the dwelling unit, sleeping unit or classroom; where carbon monoxide detection is located on the ceiling of the room containing the appliance ore fireplace: 4. Dwelling units, sleeping units and classrooms with attached private garages. VIOLATION 8 Status: OBSERVED Notes: This note is a reminder of the responsibility of the property owner and is not reflective of violations observed during the inspection: ensure that all carbon monoxide alarms are installed as required and are tested monthly to ensure they are Functioning properly. Carbon monoxide alarms shall be installed within each unit. Any damaged or malfunctioning carbon monoxide alarms shall be repaired or replaced as needed. Maintain a record of inspection and testing of alarms to provide to the fire code official upon request California Fire Code Chapter 10 - Means of Egress CFC 1014.1 - Handrails Handrails serving flights of stairways, ramps, stepped aisles and ramped aisles shall be adequate in strength and attachment in accordance with Section 1607.8 of the California Building Code. Status: FAIL Notes: Stairway railings and/or guards on site need maintenance. Railings shall be properly maintained such that they are affixed and secure. Loose stair railings were noticed at 502 S Winery #203. VIOLATION 9 Printed on 09/26/22 at 09:32:52 Page 5 of 6 Letter Selections Send Letter - Property Owner Sends Letter - Property Owner Status: SELECTED Notes: A ddOMW Time fteftfieft 6_ n: Category Start Date / Time End Date / Time Notes: No Additional time recorded Total Additional Time: 0 minutes Inspection Time: 90 minutes Total Time: 90 minutes Summary: Overall Result: 06 NB - CMPLNT - No Distinct Hazards Noted - Non -Billable Inspector Notes: Printed on 09/26/22 at 09:32:52 Page 6 of 6