NOV LETTER COMMUNITY DEVELOPMENT DEPARTMENT
BUILDING DIVISION
CITY HALL
10300 TORRE AVENUE •CUPERTINO, CA 95014-3255
C U P E RT I N O (408) 777-3228• FAX (408) 777-3333
September 14, 2012
Ms. Jennifer Ngyuen
10230 Johnson Ave.
Cupertino, CA 95014
Re: 10230 Johnson Ave., Cupertino CA 95014
Dear Mr. Tom;
As per your request, this letter should clarify the City of Cupertino's position on the above subject
address. The current permitted use of the building is a four bedroom, two bath, single family dwelling.
City building inspectors found the dwelling to contain significant areas of unpermitted construction. It
was observed and documented that work was performed to convert the 4 bedroom/2 bathroom dwelling
to 11 bedrooms, 4 bathrooms, one additional kitchen and a garage converted to two bedrooms all
without the benefit of a building permit. As per the Notice of Violation dated 2/6/12 (attached), all
tenants occupying illegal units were ordered to be vacated by April 30`h, 2012, because it was observed
that the building contained dangerous violations such as non-compliant egress windows and the absence
of adequate light and ventilation to certain areas. Numerous other violations existed throughout the
dwelling at the time of this inspection. To reiterate the Notice of Violation, the following required
corrective actions to close the active code enforcement case were also noted:
1. The property owner shall submit architectural and structural drawings to the Building
Department to convert the building back to a single family dwelling as originally approved. The
plans are required to be stamped and signed by a licensed professional.
2. The owner must obtain a Demolition Permit to remove all construction built without the benefit
of a building permit and complete the work within a specified timeframe.
By City order, the owner of the property successfully evicted the tenants of the dwelling occupying
illegal units. It was observed all the tenants of the house moved out and the house is presently vacant.
Furthermore, prior to final occupancy a structural observation report signed by the licensed professional
of record shall be required to be submitted to the City.
It was noted in the letter sent dated 2/23/12, if the timelines of the NOV were not met, an administrative
citation and associated administrative fines per Cupertino Municipal Code Section 1.12.010 may be
issued and a lien recorded on your property.
FURTHER ENFORCEMENT ACTIONS AS REQUIRED
It is unlawful for any person to perform any act that is prohibited, made or declared to be unlawful or an
offense by the code, or to violate any provision or fail to comply with any of the requirements of the
code. Your continued failure to correct the violation(s) by the compliance date(s) shown above may
result in your case being referred to one or more of the following legal actions:
1. Administrative Citation. Administrative Citation penalties range from $100 to $500 for each
for each violation [CMC 1.12.010]. It is considered a separate offense for each and every day
the violation occurs [CMC 1.12.020].
2. Civil or Criminal prosecution by the City Attorney for failing to comply with any of the
mandatory requirements of state law and the Cupertino Municipal Code. All willful violations
of the Cupertino Municipal Code (CMC) are misdemeanors that may lead to a fine of$1,000
and/or imprisonment for a term not exceeding six months [CMC 1.12.010 and 16.04.160]. A
civil action could result in a court judgment requiring you to demolish any non-permitted
construction. Please also note that the above actions are cumulative and may occur
simultaneously.
3. Record a Notice of Substandard Property on the property with the County Recorder.
4. Any other available legal remedy.
If you have any further question regarding this letter, or can provide any additional information about
the violations as described, required corrective actions or compliance date(s) shown above, please
contact Jeff Greef at (408) 777-3341 or email Jeff at JeffG@cupertino.org.
Re rds, n
PP V Y
er�tSalvador, P.E., C.B.O.
Building Official
City of Cupertino
cc: Teresa Zueger, Executive Asst to the City Attorney
Larry Squarcia, Senior Building Official
Jeffrey Greef, Building Inspector
Gary Komahrens, Senior Code Enforcement Officer