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f ii1 MARK D HENSLEY CITY ATTORNEY
ELIZABETH M CALCIANO SBN 1610802 CITY OF CHINO HILLS and
JENKINS HOG1N3 1230 Rosecrans Blvd Suite 110 FEpRT
Manhattan Beach California 90266 osaERNARDINO4 310 6438448 Fax 310 6438441 CHINO DISTRICT
NOV 2 20125 Attorneys for CITY OF CHINO HILLS
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8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF SAN BERNARDINO
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11 1N RE PROPERTY AT AT 15250 APPLICATION FOR 1NSPECTIONWOODGLEN DRIVE CHiNO HILLS WARRANT UNDERCCP SECTION
12 CALIFORNIA 91709 182250ET SEQ DECLARATIONS OFDWIGHT WOODWARD AND SHU KWAN
13 Property Owner Hai Yong Wu TIMOTHY FAN IN SUPPORT THEREOF
14 PROPOSED INSPECTION WARRANT FILEDCONCURRENTLY HEREWITH
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THE CITY OF CHINO HILLS CALIFORNIA HEREBY submits its Application for an18
Inspection Warrant as provided for byCCPSections 182250 et seq This Application is based19
upon the Memorandum of Points and Authorities and the Declarations of Dwight Woodward and20
Shu Kwan Timothy Fan attached hereto and upon any oral and documentary evidence which21
may be presented to the Court22
23DATED Novembe 17 2012 Respectfully submitted
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2 ELIZABE H M CALCIANOAttorney for CITY OF CHINO HILLS
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APPLCATONFOR NSPECTION WARRANT UNDERCCP 182250
1 MARK D HENSLEY CITY ATTORNEYELIZABETH M CALCIANO SBN 161080
2 CITY OF CHINO HILLS andJENKINS HOGIN
3 1230 Rosecrans Blvd Suite 110Manhattan Beach California 90266
4 310 6438448 Fax 310 6438441
5 Attorneys for CITY OF CHINO HILLS
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8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF SAN BERNARDINO
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11 IN RE PROPERTY AT AT 15250 APPLICATION FOR INSPECTIONWOODGLEN DRIVE CHINO HILLS WARRANT UNDERCCPSECTION
12 CALIFORNIA 91709 182250 ET SEQ DECLARATIONS OFDWIGHT WOODWARD AND SHU KWAN
13 Property Owner Hai Yong Wu TIMOTHY FAN IN SUPPORT THEREOF
14 PROPOSED 1NSPECTION WARRANT FILEDCONCURRENTLY HEREWITH
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17THE CITY OF CHINO HILLS CALIFORNIA HEREBY submits its Application for an
18Inspection Warrant as provided for byCGP Sections 182250 et seq This Application is based
19upon the Memorandum of Points and Authorities and the Declarations of Dwight Woodward and
20Shu Kwan Timothy Fan attached hereto and upon any oral and documentary evidence which
21may be presented to the Court
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23DATED Novembe17 2012 Respectfully submitted
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27ELIZABEHM CALCIANOAttorney for CITY OF CHINO HILLS
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APPLICATIOTIFOR INSPECTION WARRANT UNDERCCP 182250
1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I
3 INTRODUCTION
4 The property located at 15250 Woodglen Drive Chino Hills California 91709
5 Property contains a large single family home located in a singlefamily rural residential
6 neighborhood that appears to have been illegally converted into a highend resort and hotel with
7 significant interior illegal construction that endangers the inhabitants through lack of emergency
8 access and unpermitted construction See Declaration of Shu Kwan Timothy Fan Fan Decl
9 The full extent of the illegal construction and dangerous conditions are unknown because the
10 City has not been provided full access to inspect the structure on the Property Further there is
11 substantial evidence that the structure is being illegally used as a highendresorthoteldaycare
12 catering to foreign nationals seeking a maternity home to assist them with pregnancy and birth in
13 this country although the owneroccupant and his representatives deny this See Declaration of
14 Uwight Woodward Woodward Dec Suchhigh end commercial uses are prohibited in a
15 rural residential single family zoning district such as the one the Property is located in Now the
16 City needs to determine the extent of the Chino Hills Municipal Code violations and damage on
17 the property to determine how best to abate this property to protect the health and safety of the
18 residents of Chino Hills as well as the inhabitants of the structure on the Property
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21 ABSENT CONSENT TO ENTER PRIVATE PROPERTY A WARRANT
22 IS REQUIRED PRIOR TO ENTRY FOR PURPOSES OF INSPECTION
23 The Fourth Amendment generally requires that the City of Chino Hills obtain an
24 inspection warrant for anonconsensual entry onto private property to conduct an inspection
25 Camara v Municipal Court 1967 387 US 523 528529 This Court is authorized by Code
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28 1 This property in zoned PD and designated in the underlying Green Valley Planned Development whichdetermines the zoning as singlefamily residential property consistent with the Rural Residential designation
2APPLICATION FOR NSPECTION WARRANT UNDER CCP 18220
1 of Civil Procedure Sections 182250Et Seq to issue a civil inspection warrant to the City of
2 Chino Hills
3 Code of Civil Procedure section 182250 provides that
4 An inspection warrant is an order in writing in the name of the people
5 signed by ajudge of a court of record directed to a state or local official
6 commanding him to conduct any inspection required or authorized by state or
7 local law or regulation relating to building fire safety plumbing electrical
8 health labor or zoning
9 Code of Civil Procedure 182251 provides that
10 An inspection warrant shall be issued upon cause unless some other
11 provision of state or federal law makes another standard applicable An
12 inspection warrant sha11 be supported by an affidavit particularly describing the
13 place dwelling structure premises or vehicle to be inspected and the purpose for
14 which the inspection is to be made In addition the affidavit shall contain either a
15 statement that the consent to inspect has been sought and refused or facts or
16 circumstances reasonably justifying the failure to seek consent
17 The inspection warrant shall issue under Code of Civil Procedure section 182254
18 If the judge is satisfied that the proper standard for issuance of the
19 warrant has been met he or she shall issue the warrant particularly describing
20 each place dwelling structure premises or vehicle to be inspected and
21 designating on the warrant the purpose and limitations of the inspection including
22 the limitations required by this title
23 In Ciry and County ofSan Francisco v Municipal Court 1985 167 Ca1App3d 712
24 719 the court stated that a civil inspection warrant must be justified by reasonable governmental
25 interests Where the governmental interest at stake is to enforce building standards and thereby
26 prevent conditions that are hazardous to public health and safety the test for determining
27 reasonableness may vary with the particular municipal program being enforced Id
28 Enforcement obviously cannot be accomplished without inspection and Camara permits an3
APPLCATIONFOR INSPECTION WARRANT UNDERCCP 182250
1 inspection with a warrant to enforce building codes Id at 720 Thus the court authorized an
2 inspection warrant to allow redevelopment officers to enter private property to determine
3 whether that property complied with redevelopment standards
4 A All Prerequisites For the Issuance of An Inspection Warrant Are Met in the
5 Instant Action
6 This Application satisfies all prerequisites for the issuance of an inspection warrant As
7 required byCCP 182254 the proposed Inspection Warrant describes each building place
8 structure or premises to be inspected and designates the purpose and limitations of the
9 inspection As provided inCCP 182255 the proposed Inspection Warrant is effective for
10 not more than fourteen 14 days
11 B The City Seeks Court Authorization to Be Relieved of Certain Requirements
12 of Typical Inspection Warrants This Court Has the Authority To Do So And
13 There is Good Cause to Do So
14 1 It Is Reasonably Necessary To Extend the Hours to Conduct The Search
15 One Hour Past the Prescribed Hour of600 pm
16 Code Civ Proc 182256 requires that
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1 gAn inspection pursuant to this warrant may not be made between 600pm of any dayand 800 am of the succeeding day nor in the absence of an owner or occupant of the
19 particular place dwelling structure premises or vehicle unless specifically authorizedby the judge upon a showing that such authority is reasonably necessary to effectuate the
20 purpose of the regulation being enforced
21 The proposed Warrant provides that the inspection shall be made from 8 am until7 pm
22 one hour past the hours generally prescribed byCCP 182256 The City makes this request
23 because reports from the neighbors indicate that the activity at the house is greatest in the
Zq evenings and parties have been shown in the website advertising the hotel use on the Property
25 See Woodward Decl para 28
26 Further we request that this inspection be permitted to proceed without the owner or
27 occupant because Mr Wu is frequently out of the country and even if present may resist the
28 inspection and have to be arrested See Woodward Decl para 27
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APPLICATION FOR INSPECTONWARRANT UNDER CCP 182250
1 2 It is Reasonably Necessary To Provide No Notice of Execution of Warrant
2 Code Civ Proc 182256 provides that
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4Where prior consent has been sought and refused notice that a warranthas been issued must be given at least 24 hours before the warrant is
5 executed unless the judge finds that immediate execution is reasonablynecessary in the circumstances shown
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It is very important to inspect the property without notice to determine ifthe house is run as a
g hotel restaurant day care or other unpermitted use and to determine the extent of additional
q illegal contruction and any other additional health and safety issues as explained in the
10 Declaration of Dwight Woodward paragraph 26
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12 3 Facts and Circumstances Justify Failure to Seek Consent To Inspect From
13 Individual Inhabitants of Rooms of HouseHotel
14 Code Civ Proc 182251 requires that
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Theaffidavit sha11 contain either a statement that consent to inspect has been sought16 and refused or facts or circumstances reasonably justifying the failure to seek such
1consent
1 g The City has sought consent to inspect from the owneroccupant and his representatives19 multiple times and has achieved only limited access see Woodward Decl paras 1221 so the20 requirements of Code Civ Proc 182251 as to seeking consent of the owneroccupant of the21 house Mr Wu have been met However there are likely occupants in each of the individual22 rooms in the house and although these occupants have been described at various times as family23 friends or tribal members or his travel agency associates see Woodward Decl paras 17 2024 these persons may also have privacy rights to their individual rooms that they may be renting25 from Mr Wu if the City is correct that this is a maternity hotel or resort or similar lodging26 However the City has been denied access to ask these persons because the owneroccupant Mr27 Wu and his representatives have denied access to the structure when they are present Id28 Therefore the failure to obtain such consent from each individual is justified
5APPLICATION FOR INSPECTION WARRANT UNDERCCP 182250
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2 III
3 CONCLUSION
4 Based upon the foregoing and the Declarations of Dwight Woodward and Shu Kwan
5 Timothy Fan attached hereto the City of Chino Hills respectfully requests that the Court issue an
6 Inspection Warrant to permit the City of Chino Hills to enter onto the Property in the absence of
the owner to enter the house and garage on the Property to inspect the interiors and subparts
g thereof to ensure whether the Property is in compliance with all applicable laws including but
9 not limited to the Chino Hills Municipal Code and to determine the extent of the damage and
10 e threat to the publicshealth and safety
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13 DATED November 17 2012 Respectfully submitted
14 JENKINS HOG1N LLP
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16 ELIZABE H M CALCIANO
1Attorneys for CITY OF CHINO HILLS
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6APPLICATION FOR INSPECTION WARRANT UNDER CCP82250
1 DECLARATION OF DWIGHT WOODWARD
2 I DWIGHT WOODWARD hereby declare as follows
3 1 I am a Code Enforcement Officer for the City of Chino Hills and have held this
4 position for all times relevant to the present matter I have personal knowledge of the laws and
5 regulations of the City of Chino Hills with respect to building and zoning codes and other laws
6 and regulations relating to public health and safety I have been duly authorized to inspect and
enforce the provisions ofthe City of Chino Hills I have personal knowledge of the facts set
g forth in this Declaration except as indicated otherwise
9 BACKGROUND
10 2 I am familiar with the property owned by Hai Yong Wu located at 15250
11 Woodglen Drive Chino Hills California 91709 Property that containsa house House12 Based upon records I reviewed on the County of San Bernardino Assessor website the property13 Was purchased by Mr Wu in 2011 The Property is located in an area zoned for single family14 residential uses only and all commercial use other than pernutted home occupation uses are15 prohibited
16 3 On August 16 2012 the City of Chino Hills received a citizen complaint from the
1 Citys online reporting website about the property regarding Municipal Code violations related t
1 g ruruiing a hotel in a residential zone and unpermitted construction The complainant who
19 claimed to be a former employee ofMr Wusalleged the following 1 each day over 3020 pregnant women some of whom live at the Property and others who live at nearby Green
21 Valley Apartments have meals in the dining hall staffed by food handlers without proper22 county food handlers certification 2 there are no nurses or doctors taking care ofthese23 pregnant women 3 employees have travel visas and do not have a legal status to work 4 the24 pregnant women reportedly travel to this country from China in order to give birth here and
25 ensure United States citizenship for their babies
26 4 On August 16 2012 I was contacted by the Chino Hills division of the San
27 Bernardino County SheriffsDepartment regarding other complaints on the property including28 the vehicles connected to the property driving fast through the neighborhood The complaint
1APPLICATION FOR INSPECTION WARRANT UNDERCCP 182250DECLARATIONOF D WOODWARD IN SUPPORT TIREOF
1 expressed concern about vans driving pregnant women to the house from the apartments down2 the street On the same day the reporting party came into the City of Chino Hills City Hall I3 spoke to the reporting party about what they saw and the reporting party comfirmed his original4 online complaint I contacted the SheriffsDepartment and they interviewed the original
5 reporting party I also received a report from the SheriffsDepartment that also concluded that
6 the property was being used as a hotel
7 5 On August 17 2012 I searched the internet and found photos of the Property8 before it sold I also found information by entering the building address into the internet search9 engine Google advertising the structure as a hotel and connected to Mr Wu and i found the
10 name to be Los Angeles Hermas Hotel True and correct copies of what I viewed on the Internet
11 on August 17 2012 as well as a translation by Google Translate that I performed are attached12 as Exhibit A I have reviewed the San Bernardino County Assessorsrecords for the Property13 and determined that the owner ofthe property is listed on the official record as Mr Hai Yong14 Wu with a mailing address of 15250 Woodglen Dr Chino Hills Ca 91709 Mailing
15 Address This Property information was obtained by the City on August 17 2012 and16 confirmed again on September 17 2012 An overview of the property was also printed See17 property detail report and overview attached to this Declaration asEchibits B and C
18 respectively
19 6 On September 17 2012 I was contactedby the Chino Hills Public Works
20 Department Staff because of sewage discharging from the Property located in front ofthe house21 and on the side slope The report indicated that the slope dischazge was entering the citys storm
22 drain sytem The Public Works Staff also reported a large amount of people at the house and a
23 lot of cooking happening in the kitchen with an abnormal amount of table and chairs They state24 it resembled a restaurant setting They also saw a play area25 7 On September 17 2012 I inspected the Property from an area readily accessible26 to the public and found the dischazge of sewage on the slope and what later turned out to be
27 untreated water from the washing machine in the front of the house Both locations had an odor
28 of sewage I did see and hear a lot ofpeople coming from the house and the kitchen azea I also2
APPLICATION FOR INSPECTION WARRANT UNDERCCP 182250DECLARATION OF D WOODWARD IN SUPPORT TEREOF
1 saw what appeared to be a break area outside ofthe kitchen The back door leading to the kitche2 was very dirty and had mops buckets and broonsThe trash area had a lot of boxes for diapers3 and food The back door area appeared similar to the restaurants I inspect for our National4 Pollution Discharge Elimination System NPDES Program that is a required federal program
5 A woman named Ms Chen identified herself as the ownersrepresentative and realtor She
6 consented to me standing by the doors and windows I informed her ofthe sewage leaking out of7 the hillside and the water from the untrated wash water in the front ofthe house needed to stop8 She stated that the Property was on sewer I asked her to have someone dig up and inspect the9 area
10 8 On September 18 2012 I inspected the Property from the city open space area11 and saw the sewage leaking again I met with Ms Chen to explained the violation and directed12 her to stop the sewage flow I asked her again to have her employees dig up the area on the slope13 where the sewage was coming from That is when the failing septic system was exposed I issued14 a Notice ofViolation to the owner Mr Wu and to Ms Chen The notices required them to get a15 permit for the work to repair the failing septic system She did not object to me being there She16 left doors and windows open and walked me around the outside I also saw a delivery truck17 making deliveries I heard a lot of activity in the kitchen area and heard the sound ofwater18 running The back kitchen area looked the same as before
19 9 On September 26 and 28 of 2012 I inspected the slope area on the Property20 where the failing septic system was located and found the pipe repaired and sewage coming out21 ofanother location below the original spill I contacted the Sheriffs Department and it was22 agreed that Code Enforcement would take the lead and investigate the illegal use ofthe house23 and illegal construction in addition to the sewage spill I again found the same websites that24 advertised the Property as a hotel attached I checked the trash company for pick up schedule25 and it is once a week on a four 4 yard commercial bin I checked with the water department and26 found a substantial amount ofwater usage I checked for a Home Occupation Permit for the27 address and there was not one I checked building records and found no recent permits28
3APPLICATION FOR INSPECTION WARRANT UNDERCCP 182250DECLARATION OF D WOODWARD IN SUPPORT TEREOF
1 10 October l2012 I issued a Notice ofViolation NOV for the failing septic2 system running a hotel in a residential zone and illegal construction The NOV required that the3 owner stop the sewage flow obtain permits for the unpermitted construction stop using the4 house as a hotel and schedule an inspection of the Property I mailed the notice and posted the
5 Property While I posted the Property the back ofthe kichen area looked the same as before The
6 trash area looked the same as before but this time had pallets I saw a large gray van at the
7 Property and unpermitted electrical and instailation ofAir Conditioning Units There was a
8 delivery truck by the front door The door was open and I saw a front desk lobby area with9 fliers brochures and a sitting area I walked in after the delivery man looking for Ms Chen I
10 saw people and the dining area a schedule for dining a sitting area in the court yard and a
11 luggage dolly similar to those that appear in the website Eveything looked the same as the
12 webites that I found I could not find Ms Chen so I left I posted the Notice ofViolation on the
13 front door and took a picture of the posting and the property A true and correct copy of the14 photographs are attached as Exhibit D
15 11 On October 2 2012 I met two 2 Building and Safety Inspectors at the Property16 to final the permit for the sewer pipe repair They did not final the permit because the permit
17 was for a sewer pipe not a septic Ms Chen met us and she seemed nervous and did not want me
18 to be close to the building She was shutting doors as I approached the house She did not want t
19 talk about the hotel use but she was willing to discuss the plumbing She said the owner was out
20 ofthe country
21 CONSENT FOR COMPLETE INSPECTION DENIED BY OWNER
22 12 On Ocober 9 2012 the owner and another person who said that she was his realto
23 met with the Building Department Planning Sanitation the Envioromental Coordinator and
24 Code Enforcment to talk about the violations He was told about the violations and he was
25 required to pump the failing septic system daily or the City would shut off the water to avoid
26 sewage spills into the storm drain system in violation of NPDES requireqments The owner27 stated the Property was previously used as a hotel a few months before but now it is not He
28 stated now he just has friends and people associated with his travel agency living there He4
APPLICATION FOR INSPECTION WARRANT UNDERCCP 182250DECLARATION OFD WOODWARD IN SUPPORTTIREOF
1 agreed to a meeting to inspect the inside for October 11 2012 Later on that day Ms Chen
2 cancelled the inspection date because the owner had to go to court on that date and he wanted to
3 reschedule for October 15 2012 A true and correct copy of the email cancelling ofthe4 inspection is attachedhere to as Earhibit E
5 13 October 14 2012 I received an email from Mr Frank Smith stating he was the
6 representive for Mr Wu for the code enforcement issues Mr Smith denied access because Mr
7 Wu is out oftown He asked for the meeting in fifteen 15 days A true and correct copy of the
8 email from Mr Smith cancelling of the October 15 2012 inspection is attached hereto as Exhibit
9 F
10 14 On October 15 2012 Mr Smith came to City Hall and met with the
11 Environmental Coordinator the Building Official a Senior Planner and Code Enforcment He
12 stated he was going to bring the Property into compliance and connect to the sewer We spoke13 about the Property as a hotel He stated he had no idea that the Property was used as a hotel and
14 he was not informed about any website advertising the building as a hotel He did state he did se
15 people at the House living there I asked to inspect the Property and he denied access
16 15 On October 18 2012 I mailed a Notice of Violation for running a hotel and
17 unpermitted construction and asked for an inspection by November 5 2012 I emailed it to Mr
18 Smith and Ms Chen and mailed it to the owner A true and correct copy of the email and letter
19 is attached hereto as Exhibit G
20 16 On October 22 2012 Mr Smith contacted me asking to meet I stated I needed to
21 access the building on the Property and he said I could access the building on October 23On
22 October 23 2012 Mr Smith canceled our meeting but set an inspection for October 25 2012
23 He said the people in the House are family and friends ofMr Wu
24 17 On Ocotber 24 2012 Mr Smith came in to City Hall to talk about the Property as
25 a hotel He asked direct questions about how I would determine whether the Properly is a hotel I
26 explained the Chino Hills Municipal Code and told him again about the hotel website He then
27 told me that people from Mr WusChinese tribe were staying at the House and they were not
28 paying guests We set a time1030amon October 25 2012 for the inspection ofthe Property5
APPLICATION FOR INSPECTION WARRANT UNDERCCP 182250DECLARATION OF D WOODWARD IN SUPPORTTIIEREOF
1 18 On October 25 2012MrSmith contacted me by phone in the morning hours he
2 denied access to the Property He did not give areinspection date
3 19 I am informed and believe that on October 26 2012 the SheriffsDepartment
4thatserves under contract as the Chino Hills Police Deparhnent did a welfare check on the
5 property and stated that they observed that the Property still appeared to be being used as a hotel
6 because the front lobby looked the same there was a food menu up and a dinning scheduled
7 posted with a large dining area The officers were met by a person saying they cant be there and
8 asked them to leave The officer only saw one child That child was supervised and appeared to
9 be healthy The SherrifP s Department was denied access to the Property beyond the court yard
10 and was not allowed to enter any of the rooms
11 20 On November 5 2012 I received an email from Mr Smith granting permission to
12 inspect the Property The email had a floor plan of the House attached A true and conect copy
13 ofthe email dated November 5 2012 from Mr Smith is attached as Exhibit H He denied
14 access to six rooms and limited who could get into the Property to only code enforcement
15 building and planning staff On November 5 2012 a City Planner Building Inspector and I met
16 Mr Smith Ms Chen and Mr Smithsfather at the Property for the inspection Mr Smith stated
17 that Mr Wu lives in the upstairs bedroom when he is in the country and that we were denied
18 access to protect the privacy of his prayer room his library and rooms that his business partners
19 are in We were told not to take pictures anywhere on the property or inside the building We
20 also could not go into the garage I observed eleven 11 bedrooms The bedrooms had some
21 baby items toys luggage and some had refrigerators All rooms had matching furniture and
22 bedding The bedrooms matched the bedrooms on the websites we found except the towels
23 coasters stationary menu books with logos were removed I also saw the lobby area by the main
24 door The items that I saw before were removed except the furniture and counter Behind the
25 counter there were two 2 safes two and a half feet ta11 by two feet wide The lobby area exits to
26 the interior court yard without a door As I entered the court yard I saw the food service board
27 removed that was on the website The luggage dolly was removed I walked into the kitchen
28 area I found there to be less tables the table layout was different from what I saw before and
6APPLICATION FOR INSPECTION WARRANT UNDERCCP 182250DECLARATIONOFD WOODWARD IN SUPPORTTIREOF
1 what I found on the website I asked Ms Chen who was living there full time and I was told one
21person I asked how many guests were there and wastold three 3 Then I asked about the
3 staffworking there Ms Chen appeared apprehensive to answer I asked who was paying to be
4 there Then Mr Smith interrupted and said that the people staying there aze family and friends
5 He also stated that that doesntmatter and told Ms Chen not to answer any more questions
6 There was one bedroom that we were denied access to that Ms Chen was going to let us in but
7 Mr Smith stopped us from asking and trying to get in
8 21 On November 9 2012 Mr Smith agree to permit a building inspector with a
9 plumbing certification to count fixtures in the House in order to comply with the sewer permit
10 process A true and correct copy ofthe email exchange that I was copied on is attached as
11 EibitI But I am informed and believe that this sewer permitting process has not proceeded
12 yet so no inspection to count fixtures has occurred and in any event given that this would be a
13 scheduled visit it would not provide the evidence ofthe use since such evidence would likely be
14 hidden
15 22 On November 6 2012 I requested that the CitysUtility Billing division read the
16 meter for the Woodglen property to determine the most recent water usage data Staff informed
17 me that between October 10 and November 6 2012 the Woodglen property used 100232 gallons
18 ofwater That works out to be approximately3712 gallons per day for that 27 day period The
19 septic system at this property is designed to handle 1500 gallons There is very little
20 landscaping at this property so it is unlikely that much ofthis water usage was used outside the
21 home for irrigation
22 23 I am informed and believe the following That on November 14 2012 the Chino
23 Valley Independent Fire District CVIFD did a site visit based on the complaint ofpossible
24 child care at the property that CVIFD had two 2 inspectors who visited the property one of the
25 staff spoke Chinese that they entered the property and spoke to a woman who said she has lived
26 there for a month that the woman said there are four 4 people living there that everyone was
27 family and friends staying there and denied access to the property that the Fire Staff saw a
28 luggage dolly and a lobby area and that what they saw appeared to be a Hotel7
APPLICATION FOR INSPECTION WARRANT UNDERCCP 182250DECLARATION OF D WOODWARD IN SUPPORT THEREOF
1 REQUEST FOR INSPECTION
2 24 I hereby request an inspection warrant for the interior of the House on the
3 Property including the interior ofthe gazage and surrounding land in order to determine the full
4 nature and scope ofthe Municipal Code violations that exist on the property This is requested
5 because the City was denied access a total seven 7 times after we had set inspection times
6 Further when finally pernutted to inspect the City was only allowed limited access and was not
7 permitted to take pictures I request this consent to enter individual rooms of the house and
8 garage that may be occupied by persons whom the City has not requested consent from because
9 the owneroccupantand operators of the House have not permitted access to the structure when
10 these persons are on the premises
11 REQUEST FOR NO NOTICE
12 25 It is very important to inspect the property without notice to determine ifthe
13 house is run as a hotel restaurant day care or other unpermitted use and to determine the extent
14 of additional illegal contruction and any other additional health and safety issues The owner an
15 operators deny that the Property is being used for commercial purposes When we visited
16 previously the people at the House seemed to be coached with their answers and apparently hid
17 items that indicate a commercial use Also the website advertising the House as a postpartum
18 hotel changed two 2 different times to remove information linking the business to the house
19 Nevertheless the City has evidence from complaints the internet the posted meal schedule and
20 other indicators that the house is being used to run a hoteUresort restaurant day care and other
21 uses Also as shown in the Declaration of my colleague Shu Kwan Timothy Fan who reads
22 Chinese he states that signs in front ofthe house read Hermas Hills Pospartum Suites
23 Further on November 15 2012 a Chinesespeaking employee found another Chinese webite
24 showing the house as an after birth care hotel with baby care provided A true and correct copy
25 of the picture of the baby care room is attached as Exhibit J
26 26 Nevertheless on November 5 2012 when the City scheduled an inspection and
27 was granted limited access to the structure the items I saw on prior visits that appeared to be
28 consistent with ahotel use such as the hotel luggage dolly the brochures and the
8APPLICATION FOR INSPECTION WARRANT UNDERCCP 182250DECLARATION OF D WOODWARD IN SUPPORT THEREOF
1 monogrammed towels were cleared out Further while the inhabitantsluggage was visible in
2 each ofthe rooms the inhabitants themselves were not present The water use is high as stated
3 in section 21 of this Declaration for only having about four 4 people the operators claim reside
4 there in particular because only a very small area of landscaping appears to be receiving water
5 The City needs to gather evidence to determine if the property is run as a commercial use by
6 witnessing first hand the activities without it being announced that we are coming
7 REQUEST FOR REASONABLE FORCE1NSPECTION WITH OR WITHOUT
8 OWNER AND OCCUPANT BEING PRESENT
9 27 Given Mr Wusand Mr Smithsapparent untruthful statements regarding the use
10 of the house and the inhabitants as shown by changing the websites and numerous complaints
11 canceling inspections not submitting simple plumbing plans to obtain permits and denying
12 access multiple times to three 3 different agencies as set forth above and their apparent
13 attempts to hide the true nature ofthe Property as shown by changing the appearance of the
14 Property when inspected I request that police officers be pemutted to accompany City staff
15 when executing the Inspection Warrant and be permitted to arrest any individual that resists
16 inspection The purpose of this request is to avoid being denied access and having to return to
17 court to request permission for such assistance Further I request that this inspection be
18 permitted to proceed without the owner or occupant because MrWu is frequently out of the
19 country and even if present may resist the inspection and have to be axrested
20 REQUEST FOR EXTENSION OF HOURS TO SEARCH
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22 28 We are requesting that the search extend past 6pm until7pmbecause the
23 complaining neighbors have informed me that the house has the most activity early evening
24 Also websites referenced above have shown the house with night time parties On November 5
25 2012 our inspection we saw a lot of shopping bags which lead us to believe the occupants go on
26 tours all day and return at evening We would like to mee the occupants to talk to them about if
27 they paid to stay there
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9APPLICATION FOR INSPECTION WARRANT UNDERCCP 182250DECLARATION OFD WOODWARD IN SUPPORTTIIEREOF
1 I declare under penalty of perjury that the foregoing is true and correct under the laws ofthe
2 State ofCalifornia
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4 EXECUTED on this 16th day ofNovember 2012 at Chino Hills California
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gDWIGHT WOODWARD
CHINO HILLS CODE ENFORCEMENT OFFICER9
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10APPLICATION FOR INSPECTION WARRANT UNDERCCP 182250DECLARATION OFD WOODWARD IN SUPPORT THEREOF
EXHIBIT A
Hermes International month clubs
Hermes lnternational month clubs official websitehttpwwwamshotelcom
Hermes International in Los Angeles the month club Los Angeles HermasInternational Club is a professional hotelmonth club built by the LosAngeles Hermes Investment Co Ltd Los Angeles Hermas INC is a CaliforniaChino Hills city government regulatory motherhood consulting cateringaccommodation and maternal and child month of tertiary care services ofprofessional luxury fivestar hotelmonth clubs Superstar livingenvironment lowkey luxury improve maternal and child tertiary care supportfacilities comfortable and elegant private space with triple hightechsecurity system unique fashion and private maternal and child services the
Bingcheng Ying butler service concept different The areas of expertise ofexperienced experts provide onetoone bodycentered services
Hermes International month club is top of Los Angeles the highestprofessional luxury fivestar month apartment engaged reception in Hong
Kong Macao Taiwan and Chinese stars and celebrities socialites and Jinling
class rich second generation produced in Los Angeles and providing them withprenatal and postnatal comprehensive package of professional maternityservices the hotelmonth clubs Since its inception the clubs assisted manyChinese Mommy to the Los Angeles production of dreams and a Mommycomprehensive set of comprehensive maternity service Clubhouse services teamincludes professionals such as legal advisors professional nursesnutritionists cooks and drivers They Responsible sincere and friendlyattitude and a long time to win the best wordofmouth and the love andsupport of many Mummy
Hermes International month clubs located in Chino Hills Los Angeles CHINO HILLSSenior Chinese community with 24 security the Hermes Villa million mansion
10000 courtyard green grass quiet fresh air elegant style warm andcomfortable sunset Spanish villa house is architectural style bright andspacious Here you can fully enjoy the the American rich family lifeNear a large well shopping centers farmers markets parks cinemas threeChinese supermarkets Hong Kong supermarket 99 Ranch Market Shun Fat Supermarket andthree American mainstream supermarketsChinese Hospital Chinese clinics golf course in the West Japan South Korea avariety of restaurants parks libraries adult language schools and other facilities
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Each room of the clubhouse are the personal separate room with senior European style luxury furniture puresilk group fullscreen digital TV DVD 188 sets of satellite TV 27 units a day Chinese Channel andwireless highspeed network small refrigerators microwave ovens and other facilities Clubs as well as thelatest Chinese and Western films DVD discs of various TV series and a variety of childcare magazine Leisuremagazine greatly enriched Mommy to be produced and the lives of the month
Site
1 lobby coffee bar banquet hall business center BBQ leisure maternal yoga studio3DKTV theaters chess room laundry room luxurious swimming pool a large tennis courtSPA oxygen green orchards Australia garden2 luxury suites central heating and air conditioning the weather
temperature control system and automatic air circulation systemDigital cable TV channels including many Chinese channels DVD books and
magazines and video tapes available to enjoyHospital standards baby room 24hour surveillance
5 digital fiber optic wireless broadband network surfing the Internet is convenient andfast
6 suites equipped with a TV a small refrigerator microwave oven electric thermos7 rented Advanced electric breast pump8 offers free shuttle service checkups for pregnant women shopping worship childbirth and
neonatal health clinic vaccination9 clothing feeding bottles milk powder diapers and other supplies during the neonatalcare
10 newborn full moon celebrate souvenirs and take pictures
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Baby care
Medical experts point out within 28 days after the birth of the baby the dangerous
period need to be more professional more mindful more meticulous care This is the most
vulnerable period of the life of the baby the transition phase is gradually adapt to life
outside of the uterus
Baby at this time every day every week in the event of changes some of the normal
physiological phenomenon but some of the aura of the disease In view of the various
organs of the newborn the function of each system is not mature enough and as poor
regulatory function of the central nervous system often can not adapt to changes in the
external environment their immune function is not perfect low resistance to disease
imperfect development of the digestive system easy to3lead to suffocation or chokingThis stage the only food is milk or dairy and the event improper feeding the newborn is
prone to constipation diarrhea and other digestive problems
In the course ofdaytodaycare of the baby you will encounter a variety of problems
such as the identification of physiological and pathological jaundice omphalitis prevention
eczema care baby biological clock adjustment physical fitness exercise science and early
intellectual development and so can not be ignored
28 dasis the first lesson of the BABY life attetive care professional can make BABY
survive the dangerous period grow up healthy and happy so the BABY to win at the
starting line
Baby room with heating andairconditioning equipment air purifiers doubleglazed
soundproof and jaundice phototherapy equipment and care With first aid equipment
CCTV24hour monitoring of the dynamic of your cute baby
1 The stay at the hotel our senior health adviser nursing consultant maternal and child
specifically Nurse on maternal and infant together to conduct a comprehensive health
assessment
2 Daily for the baby shower and do the cleaning of eyes ears nose navel buttocks care
3 Daily baby massage massage
4 Check infant growth and development the daily measurements of colorful record body
temperature weight measured weekly and record the time length
5 Observation of infant jaundice fever abdominal distension diarrhea and other
symptoms abnormal situation free assistance sent to hospital for treatment
6 Change diapers for infants to observe the number and color of the baby urine
7 Needed for baby nails Barber
8 A day with a smile the joyful mood and infant exchanges
9 Scientific feeding feeding program developed for each infant and record feeding time
and milk
10 Early the Intellect open training guidance including passive exercises musical
training
11 Crying sleep o6servation to help babies develop good sleep habits
12 Family games to help the mother and baby and the establishment of mothertochild
attachment relationship
13 Provide the five behavioral training professional baby educational training services
14 The babies will breastfeed their correct shot belch to reduce the occurrence of
15 The baby to timely treatment
16 Necessary adjust the correct sleeping position for infants
17 Infant diaper rash eczema take proper care measures
18 Sun and air bath services promote the absorption of calcium
19 Check available free of charge during the international brand diapers formula
Special bottles wet wipes armband cream massage lotion chill liquid moisturizer andinfant clothes
20 According to the specific circumstances of the infant parents and babies to recommend
an appropriate baby supplies
21 For multiple births maternal more than a baby other nurse of a mothertochild
specifically
22 Leaving gift infant growth record and presented beautifully qualified new mother
diploma
Business Seazch Business Entities Business Programs Page 1 of 1
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Secretary of State Administretian Eleekions 8usiness Programs Political ReForm Archives Registries
Bs Business Entity Detail
Online Servfces
eusfness 5earch Data Is updated wee3ciy and is current as of Fridayuy 27 2012 It is not a complete or certlfedDselosure seareh
ofthe entityEFeSfatemenbProeessiag T1mes
Entity Name Lp5 ANGELES HERMAS INCMain Page
Eetity Number C3354847Srvice Options
Name Availabllity Date Filed O3282Q11
Forms Samples es Status ACTIVE
MnuaVBtennial Stateme urisdicCion CALIFORNIA
g Entity Address 15254 WOODGLEN
Information Requestsarttcates copies Entity City StaEe Zip CHTNO HIUS CA 91709
status reportsAgent for Service of Process HATYONG WU
Servtce oProcess
FAQs AgenY Address 1525Q WOODGLEN
Contact Information Agent Cityr State 2ip CHINO HILLS CJ191709
Resources
susiness RASOUras indicetes the tnformatlon is not tonteiedIn the Califomia Secretary of States databeseTax InformationStarting a susiness fthe status oP the corporation Is Surrender the agent for servioe of pracess is automaticallyTnternat7ooal Business revoked Please refer to Californla Corporatlons Code sectign 2114 for Informatlan relating toRelatioos Program
service upon corporatlons that have surrenderedCustomer Alerts For Informetlon on theCking or reserving a name refer to Name Availabilitr
Business identity TheR For taformatlon on ordering Certlficates copies of dOtuments andorstatus reports or to request aMisleading BusinessSoitekatioos more extensive search refer toIormation R uests
For help wlth searching an entity neme refer to Search TisFor descriptions of the various 19elds and status types refer ta Feld Descri ons and SatusDefinitions
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CopyrigM p2012 Califomla Seaebry of State
httpkeplersoscagovcbsaspx 7312012
Page 1 of 1
Results of search for LOS ANGELES HERMAS
Select a corporation name from the following list by clicking on the corporation name andadditional information for the selected corporation wii be dispayed
Corporate Incorporation Status Corporatlon Name Agent for Service ofNumber Date Process
C3354847 O1282011 ActiveLOS ANGELES
yONG WUHERMASINC
New Search
httpsbusinessfilingssoscagovdefaultbottomasp 7312012
Results DetailPage 1 of 1
Results Detail
Last statement filed on4112012
Co oration
LOS ANGELES HERMAS INCNumber C3354847 Inco orationDatel282011 StatusActive
Jurisdiction CA 1pe Domestic StockAddress
15250 WOODGLENCHINO HILLS CA 91709
Agent For Service Of ProcessHAIYONG WU
15250 WOODGLENCHINO HILLS CA 91709
Please revfew this infarmatlon to determine if you heve Iocated the correct corporation Statements of Information amendmentfilings are not eligible far electronic filing at this time The corporation is not yet due to file the required statement therefore thlsfilfng is considered a amendment and must be filed efther by maf or at our public counter in Sacramento Forms andinstrvctions can be downloaded Erom our website ath w sos usin r o soin tm
Search Results New Search
httpsbusinessfilingssoscagovfrmDetailaspCorpII03354847qrystringLOSANG73124I2
Los Angeles Hermas Hotel Inc Chino Hills CA Credibility Review Dun Bradstre Page 2 of 5
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BASIC
Los Angeles Hermas Hotel IncClaim this ProfileAddress
15250 Woodgien DrChino Hills Califomua917092452PhoneWebsite
Category909 5974828
arma3an ProvidedHotelsw
Hotels Except Casino Hotels and Motelsom an
Research This Com an
SummaryPhotos
Contact Haiyong Wu Es Total Employees 2State ofInc Yeaz Established 2011
Est Total Sales 8000000
Basic Review
No information Pravided
LOSANGELES HERMAS HOTEL INC
httpwwwdandbcombusinessdirectorylosangeleshermashotelincchinohillsca32378277312012
Los Angeles Hermas Inc Company Profile Located in Chino Hills CA Haiyong Wu Page 1 of 2
corporationwii FdithJ4 nrafile
Add a Comoanv
Home People i Comparties I States I Blog pgin Ii
Califortia Qiine Xllls AnoelsNermAc7e
Los Angeles Hermas Inc FwUpdaed5152012 This profile of tos Angeles Hermas Inc was created using data from Califomia Secretary of State and Dun Bradstreet
L Comnany2pQrts from Dun Bradstreet
Camnaay InformationThe most comprehensive company fnfo available Get your free trial
I Oft5cer5 I ConnectiepViSalizer Click an fcon below to exolore
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Los Angeles Nermas Tnc
Los Anaeles Hermas Inc has a location In Chino Hills AcOve offTCers loclude titSrY ryG3fitts i rr ttriilea E1t Haiyona wu Los Angeles Hermas inc ftled as a Artkles oflnCOrporaUon on Friday January tvr O
1 it lk rt 4 28 2011 1n the state of California and Is currently active Haivono Wu serves as the tysC
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S Sre lstered a ent for thEs or artizationThecom an s line of business EncfudesHotelMOtel iC
a 9 9 9 P Y hpt41NEqOperatlan15250 Woodglen Dr
Cate ryHotelMotelOpeJChtno Hflls CA91709
Filings r r rnoration CA ActivelF w n arbv h jnq4ePc
Sources California Secretary of State last refreshed5152012Dun 8radstreetlastreheshed5152012
Ggmnanv Reoorts Dim Bradstreet
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iLAP BAND Suraery in SoCal
Highest Rated LAP BAND Surgeons Before After Pics TestimonialsLanBandVIPcomSuraerv
httpwwwcorporationwikicomCaliforniaClunoHills1osangeleshermasine670726117312012
EXHIBIT B
PropInfo Page 1 of 1
San Bernardino County PIMS
Property lnformation for Parce1103235106000011S5E5SOC
Parcel S PD Status Code ADistrid GP Pa0000a
103235x06000Q AGWT PUB a ONTARI
Property Address Main Situs lwner and Mailing Address Effectirre Date
15250 WOODGLEN DR WU HAI YONG 09J06J2011
CHINO HTLLS CA 9A709 VW HAI YONG
I5250 WOODGLEN DR
CHINO HILLS CA 9I709
Current Owners
Name RI Int Type Acqerisiiion Date Donimecrt Date Inactive Date Document Nbrs
WU HAT YONG 900000000 03102011 08R62011 NONE 20910360379
WU HAi YONG 100000000 08262011 0826201i NONE 20110360379
L alParcel Ma
parce Map Parcel Nbr Unit Book Page
16i942a
Legal DescriptionPARCEL MAP 76144 PARCEL 7 BOOK 238 PAGE 2Q
No Legal Reason for Change was found
No Active Hox Exemptions as of08162012were found
httpnppubliccosanbernardinocausnewpimsSmmnasdmcdmhnkj55kijztz551ROP8162012
EXHIBIT C
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EXHIBIT E
Dwight Woodward
From sabrina chen sabrinac1688@gmailcomSent Tuesday October 09 2012 550 PMTo Dwight WoodwardSubject 15250 woodglen dr
Dear Dwight
I just got n phone call from Mr Wu the owner of the 15250 woodglen drHe told me thnt he felt really sorry to find out he has to go to the court onthis Thursday after having an appointment with you and other departmentsof the city And he will be out of town this weekend He would like toreschedule the Qppointment on next MondQy
He snid he apologize to you and al others involved Plense let me know if nextMonday works and I II pass the info to him Thnnk you very much
Wish you hnve a great evening
Sincerely
Sabrina ChenMBA Broker Associate
Dir9095695855
Email SabrinaC1688gnailcomEach HvteIUtique TustAsEachC1esDrean
EXHIBIT F
Dwight Woodward
From Code Enforcementwebmail
Sent Monday October 15 2012 836 AMTo Dwight WoodwardCc Ben MontgomerySubject FW 15250 WOODGLEN DRIVE
FYI
Robin Butler Neighborhood Services SecretaryCommunity Services Department
14000 City Center DriveChino Hills CA 91709
909 3642714rbutler chinohillsorqwwwchinohillsorq
Chino Hills
From Frank SmithmailtofsmithCaaxiomcnsltgcomSent Sunday October 14 2012 813 AMTo Code Enforcementwebmail Community DevelopmentwebmailCc Adam Skinner sabrina chenSubject 15250 WOODGLEN DRIVE
Good morning Axiom Consulting Group has been retained by Mr Hai Yong Wu in regards to15250 Woodglen DriveChino Hills Ca 91709
Specifically Compliance Orders dated 1001201210112001 authored by CE Officer Woodward
In regards to items 1 of the Compliance Order I will be on site 10152012 at 7am to inspect the leaking sewage systeminitiate a plan permit and hire an approved contractor for needed repairs all in the same day if possible
In regards to items 11 of the Compliance Order Upon my site visit on 10112012 I spoke with Mr Wuconcerning approved Uses for the zoning and I saw no evidence of a Hotel in operation However the matter of privacyand right to have guests consisting of friends and family is at question and the issue of Guests vs Compensated TransientHousing A clear understanding of Use and Intent needs to be discussed by the City and property owner Within the next15 days I hope to meet with Mr Wu again and the CDD for Chino Hills and bring this issue to a close
In regards to items 111 of the Compliance Order The property was purchased 24 months ago in an as is agreementDiscloser Affidavit has been requested It is acknowledged that non structural permit violations do exist the extentshall be determined by my team Chino Hills Building and Safety The appropriate permits fees and inspectionswill ensue within 60 days with full discloser Please provide me with the correction notice or notice ofviolation indicating the nonpermitted work
I will be at the city offices by 9am10152012 I understand it is short notice but if at all possible I would like to meetwith CEO Woodward Mr Wu will not be in town and has requested that the scheduled meeting be cancelled and movedto a different date 15 days from today R
In any event the process of rectification has started and I look forward to working with Chino Hills Staff
Add Frank Smith CBMunicipal Services DirectorAXIOM Cansulting Graup8669228349 Uffice 951YU55473 Cell
FsmithCaxiomcnsltgsamnr wwwaxiomsnsltgcom
Xcos
2
EXHIBIT G
Dwight Woodward
From Dwight WoodwardSent Thursday Odober 18 2012 543 PMTo sabrina chen sabrinac1688@gmailcomfrank@xacttscomSubject 15250 Woodglen DrAttachments NOV 15250 Woodglen Dr 2 101812 signedpdf
Dear Mrs Chen and Mr Smith
I have issued a second Compliance Oder to Mr Wu for the property he owns at 15250 Woodglen Dr Chino Hills I haveattached a copy to this email I have been receiving the pumping records but have been denied access to inspect theinside for the otheractivities mentioned in the letter This matter need to be resolved The next step is an entererinspection You can find the compliance date that an enterer inspection needs to be schedule by and otherrequirements
I can be reached at 9093642720to schedule an inspectionDwight Woodward
DwightWoodward Code Enforcement Officer IICommunity Services Department
14000 City Center DriveChino Hills CA 91709
P 909 3642720dwoodwardCaachi nohiIlsorawwwchinohillsora af
Chino Hills
1
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Chino Hillss C1TY OP CHINO IILLSINCORPpeAifi 1191
CfTY OF CHINO HILLS COMPLIANCE ORDER
r Posted on Property andOWNERIOCCUPANT FfAI YONG WU Sent Regular and Certtfled MaIADDRESS 15254 WOODGLEN DRIVE CERTIFIED MAIL
GHINO HILLS CA 91709 70701060 0000 7898 2760
DATE OCTOBER 18 2012
The City of Chino His has determinlthat the following violations of the Chino Hilis Municipal Code CHMCoccurred on the property lacafed atte abovereferenced address on the September 18 2012 date of inspeGtion
I Thefolowing violations of CHMC Sections Ifi02070exlsted at your praperty on the date afinspection
No person shall use any premises except as speciftcally permitted by and subjecf ta the regulations andconditions of this development code Except as atherwise provided intis title wherever this deveiopmentcode prohibits the use of premises for a paficuiar purpose those premises and any improvements on tfosepremises shali not be used for that purpose and no structure or improvement shaff be constntcted altered ormoved onto the premises uvhich isdesigned arangedor intended fo be occupied or used for thaf purpase
The specific conditlons causing the code violation are
1 Operating a Hote1 in a Rural Residential Zone District is prohibited based on zoning land use designationsfor Rura1 Residential properesestablished in Appendix A
2 Using the Single Family Custom Home for other purposes fhan what is permitted
The required methods of correctng theviotations are
1 Cease and Desist the Hotel in a Rura Residentiai Zoning District based an Appendix A for the RRzone2 Cantact fe City of Chino Hills Community Developmenf Department Planning Divislon ta determine
what uses are alfowed in the Rural Residential Zoning District
You are required to contact Code EnforcmentOfficer Dwight Woodward at 9493642720by MondayNovember 5 2012 to schedule an inspection to conflrm that you have ceased operation ofte abovementioned illegal use involving operatinqa Hotel in a Rural Residential Zone Disttict
City Councfl irtBertnett Ed M Graham WC BdilKruger Gwenn E NortortPerry PeterJ Rogers14000 C9ty Center Dtive Chino Hills CA 91709 909 3642600 FAX 909 3642695 wwwchinohillsorg
CiTY OF CHINO HILLS GOMPLIANCE ORDER
OCTOBER 18 2012ADDRESS 15250 WOODGLEN DRIVE CHINO HILLS CA 91709PAGE 2
l The following viofations af California ResidenaCode R1059 exlsted at your property on the date ofinspectton
Any owner or authorized agent who intends to construct enlage alte repair move demofition or changethe occupancy of a building ar structure ar to erecf instalf enlage alterreplace any electrical gasmechanical or piumbing system the instalEa6on of which is regulated by fhis code or to cause any such woCta be done shall fistmake applicaonto the Bullding Official and obtain the required Permit
The speciflc conditions causing the code vlolation are
1 Additianal rooms constrctedwithout permits2 Installatian of addifionai Air Conditioning units without permits3 Installation of addifionai electricai without permits4 Instaflation of light pole without permifs
The reqaired methads of correcting the viofatons are
1 ObtaiR the proper Permits for all unpermifted construction2 Obiain the proper Permits to remove unpermifted construction and restore the properiy to the original
condition
You are required to cantact the Community Development Department Building and Safefy D9visian at 9093G42780 by Monday Movember 5 2012 to obtain the proper permiis for the constructiontat accuned at thepropelyor remove the unpermitted construction and restore the xoperty to the original condition
if vou have met the terms of this Compliance Order vou may reauest a Code Enforcement inspection arior tothe deadllne fthe violations remain after the time set forth In this Compliance Order an AdministrativeCitatlon will be issued An Admintstrative Citation is punishable bya100 fine for the first citation If theviolation is not corrected subseauentAdm1nstrative Citations may be issued The flnes are 5200 for thesecand and 5500 for every violation thereafter Each dav constitutes a new violatlon
If you have any question please contact Code Enforcement Officer Dwight Woodwadat 909 3642720
Dwight WoodwardCode Enforcement Officer
cc Jonatttan Marshal Community SenicesDirecorJoann Lombardo Community Development Director
EXHIBIT H
Dwight Woodward
From Frank Smith frank@xacttscom
Sent Friday November 02 2012 451 PMTo tfan@cityofchinohillscomDwight WoodwardCc Adam Skinner Ian Felt sabrina chen
Subject 15250 Woodglen Floor PlanAttachments A1A1 14pdfA2A2 12pdf
Good afternoon please review the existing floor plan of the reference property Please be advised that this plan is not toscale and is intended to be a representation of the rooms restrooms and layout of the SFR as is A report Plan is beinggenerated that will show floor plans previously existing prior to purchase by Mr Wu and existing As Builts by Mr Wu
The mentioned report shall be available for review 1 Draft Monday1105128am and will be distributed to those onthis email notice Furthermore Mr Wu will exercise his constitutional rights for privacy in 6 areas of the his privateresidence Until City Permitting processes has begun and those areas are as follows
Sleeping rooms for family membersPrayer roomPrivate library
In addition to the above requests Mr Wu would like only those directly involved in the matter to inspect the propertyDue to the recent actions by the City police Department adjoining property owners and news paper coverage Mr Wuwould like the name function and capacity of those who will be inspecting the property and I have advised Mr Wu thatthose persons will be as follows and not to exceed 3 person in total from the City of Chino Hills
City of Chino Hills PlannerCity of Chino Hills Code Enforcement OfficialCity of Chino Hills Building Inspector
Thank you
Add Frank Smith CBOMunicipal Services DirectorAXIM Consulting Group8669228349 Offie9512055473 Cell
FsmithLaxiomcnsltgomor wwwaxiomcnsltgcnm
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EXHIBITI
Add Frank Smith CBDMunicipal Services DirectorAXIOM Consulting Group8fi69228349 Office 9512055473 Cell
FsmithCaxiomcnsltgcomor wwwaxiomcnsltgcom
From Winston WardmailtowwardachinohillsorgSent Friday November 09 2012 646 AMTo Frank SmithCc Timothy Fan Dwight Woodward Ben Montgomery Elizabeth M Calciano ecalciano@localqovlawcomSubject RE Woodglen Plumbing summary
I would say yes The whole purpose of the floor plan is to get as close as possible to what is actually out there Any minoradjustments can be made during the verification process
Winston Ward Assistant Community Development DirectorCommunity Development De ent
14000 City Center DriveChino Hills CA 91709
P 909 3642781wward chinohillsora cyf
wwwchinohillsoraChino Hills
From Frank Smith fmailtofrank@xacttscomSent Thursday November 08 2012 523 PMTo Winston Ward
Cc Timothy Fan Dwight Woodward Ben Montgomery Elizabeth M Calciano ecalcianoCalocalgovlawcomSubject RE Woodglen Plumbing summary
Agreed in total for the submittal and the requirement for verification by a city Inspector with a plumbingcertification Yes there is one laundry drain that is not represented on this floor plan this floor plan was meant forinternausel and for the purpose of indicating new from existing construction and adhoced into service for fixture unitsThe laundry room has not been modified and is below grade in the basement
Knowing that field verification is necessary and the fact my designer is in Russia until Monday simple change such asthis is a 20 min issue is it possible to continue the plan review process in the event that Roto Rooter is ready forsubmittal Friday morning
Add Frank Smith CBO
Munisipal ServiesDirectarAXIOM Cansulting Group
3
8669228349 Offiee 9512055473 Cell
FsmithCaxiamcnsltgcomor wwwaxiamcnsltgcom
Xs
From Winston Wardmailtowward@chinohillsorgSent Thursday November 08 2012 147 PMTo Frank SmithCc Timothy Fan Dwight Woodward Ben Montgomery Elizabeth M Calciano ecalciano@localgovlawcomSubject RE Woodglen Plumbing summary
FrankThis is a good start My only concerns would be the kitchen and the basement I understand that there may be laundryfixtures in the basement The kitchen layout should reflect any indirect waste receptorsie floor sinksfloor drains etc Please remember that this floor plan once complete must be a part of the submittal package thatincludes a plan that shows the proposed sewer line in both plan view and profile The plan must include theproposed material pipe size and method of attachment of the pipe to the surFace Once we have an official submittalwe Can mOVe on to Step 3 Schedule an inspection so that fixture count from the floor plan can be verifiedby the City
Winston Ward Assistant Community Development DirectorCommunity Development De ent
14000 City Center Drive r
Chino Hills CA 91709
P 909 3642781wwardaachinohillsora
cyr
wwwchinohillsoraChino Hills
yFrom Frank Smith fmailtofrankCalxacttswmSent Thursday November 08 2012 101 PMTo steelplumbing@yahoocomWinston WardCc sabrina chen Adam SkinnerSubject FW Woodglen Plumbing summary
Please review the revised and correct plan for plumbing fixtures
Add Frank Smith CBO
Muniipal 3ervices DiretorAXIOM Consulting Group86fi9228349 Office 9512055473 CellFsmithCaxiomcnsltgcnmor wwwaxiomcnsltgcom
X JC4
From Semion Tafipolskymailtottafipolsky@socalrrcomSent Thursday November 08 2012 1202 PMTo Frank Smith
Subject Woodglen Plumbing summary
comp draftConsulting Drafting Services
Simon Tafipolsky Phone 818 4251722
26034 Carroll Lane Fax 661 2873179
Stevenson Ranch CA 91381 E Mail ttafipolsky@socalRcom
The information contained in thisemail message is intended only for the use of the individual or individualsnamed above Ifthe person actually receiving this message or any other reader ofthis message is not the namedrecipient or the employee or agent responsible to deliver it to the named recipient any use disseminationdistribution or copying of the communication is strictly prohibited Ifyou received this communication in errorplease notify the sender immediately
5
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1 DECLARATION OF SHU KWAN TIMOTHY FAN
2 I SHLT KWAN TIMOTHY FAN hereby declare as follows
3 1 I am the Assistant Building Official for the City of Chino Hills and have held this
4 position for all times relevant to the present matter I have personal knowledge of the laws and
5 regulations of the City of Chino Hills with respect to building and zoning codes and other laws
6 and regulations relating to public health and safety I have been duly authorized to inspect and
enforce the provisions of the City of Chino Hills
g 2 I am familiar with the property located at 15250 Woodglen Drive Chino Hills
9 California 91709 Property I have personal knowledge of the facts set forth in this
10 Declaration except as indicated otherwise According to the San Bernardino County Assessors
11 records for the Property a single family dwelling was constructed on this property in 1974 with
12 floor area of 7964 square feet there were 7 bedrooms and6zbathrooms The City is
13 attempting to obtain the building permit records for this structure which it is my understanding
14 was constructed in 1974 prior to City incorporation in 1991 The City has no records of building
15 permits having been obtained of modifications for this structure since incorporation in 1991 even
16 though a number of the modifications appear to have been made in the last two years based on
1 review of a sales listing of the property on MRLS within the last two years
1 g 3 Frank Smith the ownersrepresentative consented to the inspection on behalf of
19 e owner but did not grant full access to the structure as indicated below I inspected the
20 property on November O5 2012 along with Code Enforcement Officer Dwight Woodward
21 and City Planner Betty Donavanik Multiple Building Code violations and discrepancies were
22 observed including
23 a Septic tank failure with untreated sewage spill on site and onto adjacent
24 property which was designated and used as Open Space
25 b There were six rooms that Mr Smith denied me access to I preliminary
26 concluded that these rooms appear to be constructed or altered with permits
27
281
APPLICATION FOR INSPECTION WARRANT UNDER CCP 182250DECLARATION OF SHU KWAN TIMOTHY FAN IN
SUPPORT THEREOF
1 c There were approximately 17 bedrooms in this dwelling unit as opposed to
2 the total number of 7 bedrooms in County AssessorsRecord There were no
3 permits in the Citysfiles showing that these additional 10 rooms had been
4 property permitted
5 d Ceilings and partitions were added to create additional rooms with unknown
6 structural integrity Drywalls and finishes need to be removed exposing the
7 structural connections for further investigation
8 e No smoke alarms were installed in the bedrooms I was provided access to
9 which violates section 314 of the California Residential Code CRC
10 incorporated into the Chill Hills Municipal Code by Section 1504030
11 f Two of the bedrooms which I was provided access to did not have an
12 emergency escape window as required by CRC 310
13 g The water heater was installed on an unstable platfortn with no strapping
14 water pipes were not insulated and the water heater vent was disconnected
15 violating section 507 and 5082of the California Plumbing Code CPC This
16 is a fire hazard and risks poisoning the inhabitants by carbon monoxide
17 poisoning
18 h Separate air conditioning units were installed in each bedroom I inspected
19 The increase of total building electrical service demand was not evaluated in
20 accordance with section 220 ofthe California Electrical Code
21 i A nonhabitable basement was used as laundry maintenance room and
22 resting area There was a mattress in said resting area and it was removed by
23 the occupant during our inspection Habitable space is required to have
24 natural light and ventilation CRC 303 and emergency escape CRC 310
25 The subject basement appeared to be anonhabitable space since it did not
26 have any naturallight and ventilation nor an emergency escape
27
282
APPLICATION FOR INSPECTION WARRANT UNDERCCP 182250DECLARATION OF SHiJ KWAN TIMOTHY FAN IN
SUPPORT THEREOF
1 4 Signs that read Hermas Hills Pospartum Suites were found near the front
2 entrance of unit These signs were partially in English and partially in Chinese I am a Chinese
3 American and I can read and write in Chinese and English I translated the sign message above
4 to English myself
5 5 I am hereby requesting an inspection warrant for the exterior and interior of the
6 property in order to determine the full nature and scope of the Municipal Code
7 violations that exist on the Property The appears to be significant unpermitted
8 constructions that I was not permitted to observe for additional violations and life
9 safety issues Due to all the sanitary electrical fire and life safety hazards it is very
10 important to inspect the property for health and safety concerns
11
12
13 I declare under penalty of perjury that the faregoing is true and correct
14
15 EXECUTED on this 16 day ofNovember 2012 at Chino Hills California
16
17
fti18
19SHU KWAN TIMOTH FAN
ASSISTANT BUILDING OFFICIAL
20 CITY OF CHINO HILLS CALIFORNIA
21
22
23
24
25
26
27
283
APPLICATION FOR INSPECTION WARRANT UNDER CCP 182250DECLARATION OF SHU KWAN TIMOTHY FAN IN
SUPPORT THEREOF