HomeMy WebLinkAbout00 - Non-Agenda - CorrespondenceReceived After Agenda Printed
March 26, 2024
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Rieff, Kim
Mulvey, Jennifer
FW: City meeting for 3-26-2024 how to dealing a conspiracy bully and harassment
March 18, 2024 5:17:04 PM
From: jennifer jing <jenniferesulb@live.com>
Sent: March 18, 2024 5:14 PM
To: Dept - City Council<CityCouncil@newportbeachca.gov>
Subject: City meeting for 3-26-2024 how to dealing a conspiracy bully and harassment
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The crime of harassment —which can include stalking, hate crimes, and
cyberbullying—occurs when one person acts in a way designed to annoy,
provoke, threaten, or otherwise cause another person fear or emotional
distress. State laws and some federal laws identify multiple ways in which
harassment can be committed.
Harassing behavior that can lead to criminal charges generally refers to
acts that cause the targeted victim to fear for their safety or suffer severe
distress. A government prosecutor decides whether to file criminal charges
in such a case. A victim can also seek a restraining order to stop the
harassment. In some cases, the victim may sue the defendant in civil
court for damages or other relief.
The crime of harassment —which can include stalking, hate crimes, and
cyberbullying—occurs when one person acts in a way designed to annoy,
provoke, threaten, or otherwise cause another person fear or emotional
distress. State laws and some federal laws identify multiple ways in which
harassment can be committed.
Harassing behavior that can lead to criminal charges generally refers to
acts that cause the targeted victim to fear for their safety or suffer severe
distress. A government prosecutor decides whether to file criminal charges
in such a case. A victim can also seek a restraining order to stop the
harassment. In some cases, the victim may sue the defendant in civil
court for damages or other relief.
H i,
I am the residents of Newport coast for 20 years. In the last 2 years, we are suffering a sever
community violence in our community of Pacific Ridge. I would like to bring this issue to the city
council to get more support to help all of the residents in Newport Beach.
We did not know who is the person behind and continue to harass us by false accusation, every time
we called police, police always said get a lawyer. We have been talked to all of HOA lawyer in CA, all
lawyers said our case is not HOA matter, it is a personal attack, we need a civil right lawyer. Civil right
lawyer need a police report to help us to get a restraining order, unfortunately, police refused to
give us the report, not an incident report. My husband almost died from this harassment and
personal attack. No one can help us. We talked to attorney general, attorney general asked us to
report it to local police, Dian Dixon also told us the same thing. Harassment is a crime. Especially it
have been going on for over 2 years. We spent lot of times and money to locate the person, it is the
president of board, he is the one to ask the guard to fabricate a false report, he is the one to pay
HOA lawyer to harass us, this lawyer fabricated a letter to false accused us then she billed our HOA.
Is that a fraudulent? Most of our neighbors are immigrants and they do not understanding HOA.
Those people on the board are not HOA. And no one oversee HOA in CA, Police did not know how to
dealing with a lawyer and the president of the board. I have two proposal: First, we nned the police
to make a report for us, so we can present in the court. Second, we need a workshop to educate :
hate crime, community violence, what is HOA? What is the homeowner's rights, what is the violation
from board directors? for Windows
Rieff, Kim
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Sri Renganathan <sriren@gmail.com>
March 25, 2024 6:18 PM
City Clerk's Office
Code enforcement dept out of control
Leilani
I like to present to the City issues at the Code enforcement department. The department seems out of control and if it is
not addressed, the city will subject itself to a lawsuit. It is best to correct the issues that I highlighted below before things
get worse.
Summary
The part the Council needs to be aware of is that where the department seems to be making changes to the code in
order to mislead and pressure the owners to pay hefty fines. Also, the processes in place to identify non code compliant
short term owners are flawed and citation forms sent out are erroneous, misleading and are causing unnecessary stress
to owners. I am law abiding and do all to abide by Newports laws and municipal code. But this is too much. Please act
before I am forced to file a lawsuit. The Council needs to hire outside consultants to review how the code enforcers
perform their work and the forms they sent out and how Code enforcement communicates with owners.
Code Enforcement Department head also needs to be held accountable for current deficiencies.
Here is the appeal that I am filing with all the issues and supporting facts. Attachments are omitted but are available if
asked for.
I am appealing Code Citation C240999A
Defence 1
I did not violate the code section pertaining to rental less than 2 days.
It was never advertised that my property was available for rent for 1 night. My listing in VRBO clearly states that the property is for rent 3 nights.
attachment la)
Special stay 3rd night for $1 with first 2 nights at standard $525 per nite."
attachment 1 a)
The code enforcer filled the form (attachment lc, 1d and 1 e ) for 1 night and even though the screen allowed her to enter for 1 nite, it was never
submitted (attachment 1d). In fact if you look at attachment 1d, it says "Begin your booking" Even if the application to rent was submitted, we
will not take the request without making sure it was for 2 nights. Besides we vet the applications to see who is renting, number of people
renting, purpose for renting and to ensure no events are held there and that it complies with all code requirements.
Defence 2
The process to identify less than 2 day rental is flawed or does not comport with the code.
The software used belongs to VRBO, we don't have control over it. VRBO is constantly changing its software. I frankly don't know how the code
enforcer was able to enter the 1 day rent request. I tried to do a 1 day stay and was not able to rent for 1 day (attachment 4)
When I make online payments, I first fill the form and then submit it. If my credit card info is incorrect, the system rejects it. Similarly if the code
enforcer submitted the request, we would have rejected it.
The desk audit process of filling but not submitting the VRBO form to identify 1 day stay is flawed. Citation should only be issued if a booking
can be made for a 1 night stay and then that will be legitimate. Definitely, not before that. This is similar to buying alcohol at a shop, you can
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pick the bottle up but the sales counter makes sure you of age to buy it and only after that does the transaction happen. There are signs in the
shop saying alcohol will not be sold to anyone underage.
Defence 3
There are issues with the 1. communication, 2. framing of this issue, 3. fine and the speed with which this is done that is unjust and
procedurally not legally defendable.
1. Communication Issue
Please see attachment 1. It starts saying that, "an inspection of the premises .... " There was never an inspection. Inspection implies physical
examination.
I then sent her an email asking why I was not informed of an inspection on my property and she replies (attachment 2 ) "the inspection was
completed from a desk audit.... allowing for a 1 night rental"
You cannot inspect from a desk audit, you can say a desk audit revealed that the property allowed for 1 night stay. A desk audit is never an
inspection. I used to be financial auditor and in all my years as senior executive I have never seen such poor choice of words. Words are
important as they communicate meaning. Desk audits are focused on reviewing information and records as opposed to physical assessment.
2. Framing of Issue A
Code MC 5.95.045(1A)(21) says the following:
21. Neither an owner nor the owner's agent shall rent, let, advertise for rent, or enter into an agreement for the rental of any lodging
unit, for less than two consecutive nights.
It says, "owner nor owners agent shall rent, let, advertise for rent or enter into an agreement... for less than 2 consecutive nights." I am
challenging the code enforcer interpretation that merely being able to fill a form for 1 day rent constitutes advertising for rent for 1 day. If the
listing does not say one day rental is permitted, no conclusion should be drawn unless one submits the booking and subsequently a contract is
generated for the 1 day rent. The code does not say filling a form is the same as advertisement for rent. Since the code already describes in
detail "rent, let, advertise for rent or enter into agreement" the code enforcer cannot impute filling the form is the same as advertise as the code
already cover all grounds and does not allow room for interpretation or additional acts.
I want to emphasize again that my listing says the following (Attachment 1 a) "Special stay 3rd night for $1 with first 2 nights at standard $525
per nite" No where in my listing does it say 1 night rental is available. It is advertised for 2 night rental.
2. Framing of Issue B
In her citation it implies that the code says the following:
21. Neither an owner nor the owner's agent shall rent, let, advertise for rent, or enter into an agreement for the rental of any lodging
unit, for less than two consecutive nights. Owner must update all advertisements and or software to ensure minimum night
requirement is met.
The part about "Owner must update all advertisements and or software to ensure minimum night requirement is met." is not part of the
code yet, code enforcer Monique Navarrete citation says it is. (see attachment 3) This is misleading and it seems like she is creating code that
is the purview of the city. This is again another major defect where the code that was cited was was made up in the description part.
3. Fine and speed issue
Attachment 3 is the citation that was sent to me. It was highlighted and it says that, "This violation was originally brought to your
attention on wednesday, Mar 13, 2024 and you have not resolved or corrected the violations. Well, the citation was printed on March
13 and I only received it mar 16. The violation was never brought to my attention on mar 13, 2024 nor could have been. This defective
assertion alone should be cause for dismissal as I was never served proper notice.
The right to appeal also allow only 21 days from date of service. What is the date of service, is it the date of the letter, date letter was mailed or
date it was received. Normally, service is date when someone received the notice. I only opened my mail on mar 24. This is all unnecessarily
ambiguous. To be clear it should state 21 days starts once notice is either mailed or when it is received. So what happened if someone is on
vacation and if the post office holds the mail. My point is that there is insufficient time given to submit the appeal in general and in my case it is
not clear.
Defence 4
Process used by code enforcer is flawed and will fail in Court.
The notice, description, process used will not pass muster with the courts. I am not sure if this administrative appeal will give me due
consideration as from my pass experience it has been that the process is biased towards the department. Either way, I am looking forwards to
my day in a proper legal court where the jury gets to hear how ridiculous all this is.
I hope my case will result in pull back of overzealous code enforcers and proper process is put in place by the city. In fact I would recommend
that an outside agency review and audit the process in place and correction be made to their process. I already have spent close to 8 hours
identifying flawed processes, forms and issues and in defending myself. I estimate I might have to spent another 200 hours or more to bring this
matter to its proper conclusion at which point I hope to be reimbursed at $1,000 an hour. If this goes to court, I will as part of the discovery
process demand access of all citations to see how many more victims there are as I doubt this to be an isolated case. Basically the code
enforcement department seems to be out of control, over aggressive, zealous and the department is not adequately supervised and is making
code up and using a 3rd party software that owners don't control to punish them. VRBO is a national company that is constantly making
changes in the background that owners are unaware of or control and sometimes this causes the software to do things that owners don't want it
to do.
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Disclaimer. All attachments were from Coder Enforcer Monique Navaratte and if pages number are out of sequence, it is because that is how it
was sent to me. I don't vouch to accuracy or authenticity of the attachments since the citation itself was inconsistent, flawed and inaccurate.
However, the part where Is says, "Special stay 3rd night for $1 with first 2 nights at standard $525 per nite" is accurate.
With kind regards,
Sri Renganathan
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