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Home My WebLink AboutENFORCEMENT CHEAPER, INC. . 7991 WHITE LANE· BAKERSFIELD, CA 93309 INVOICE NO CO~T AMO~ 040704-STI DOCKET # 2004-16/CHEAPE~!~L 300.00 DATE 04/19/04 DISCOUNT .00 13694 NET AMOUNT 300.00 \)0 \(ì)~\t)J0oJGý GA ~ wQt\~ 1#.0 &i;fk CBECK:-013694 04/19704 CITY OF BAKERSFIELD, ._~~-- ~---............~,----. FIRE DEPT CHK TOTAL: 300.00 '" 'I' J!¡ Õ ~ 1:·:·, .',. ';1':",~! 1', ""'i p: 11.;1 7:';" ~.'" '¿::1; ~:ï:\: "r ~ :;"'.. ·....~'l¡r<."':i ,): .. . ~ .: ..:....: 'I ."': . ,~.~j;!/\;:-¡li!r:~Jj, l¡tí;-dl}r·~:f;{K~Jl.;~:;~~ 'K~J'~-:.t!.:}~-;:"; I~'" . :"1 :~~~~, ·\J..r¡~·:-?:¡t~~.;;qJ;f.J. .~'"1:i~~·tr:trtlt;t~ ~'ij¡'~~'±Jl\-:1~;;'3' 6 9 4 ;;:..:. ',' 11 I,·..· ;·.;,,:1(·;·.·), '.I}r...~.rq:..,;:;.l', ~.ji-:r";'¡;:t ...... ~~ ì '.' '->- ~.-~h.'f·f'.:1:i~¡.-1, .::' r.{~:":HÇï, rJ~':;.::..3'i\ ,.1.; Iii "-4;: _ ';:".,' ".. 1~' ;~4 IJ~Y~¡ ì..1''::';;'·:~fv"", ~J·¡t,;...-1.~¡r. ~)i;:'" ". i -. t ~ ,''-'' .¡...j" " "., ,F?"P'"'"BANK OF,'STOC ALE '.,¡", .I' .,..,';''':-,',.. \" '_, '(I : ~ l.:~.t· :'1~f. ~Û,I!~':: , .tfh¡J~Hf.·t::¡Ä·BRÄNCH1)if:VÄCa;ËY IÑDEPENDEÑif Si~.:.:ti,:, ~}'¡;;~:' . ~~':_, . , ' , "'" , 3'J;'. ¡¡('",",j;..;¡ l' ',"," ,!I, ". -'. ", ,'...." ,'>-- ,'....-'.. '''''''''f'""O'13 6 94 '. :', " .' ''''; ,-i' ';:1, ,:'¡I,..:~.jl', \,:-,,-,.',j¡e~:;¡:'~.il'B~KERSFIELD,I.CA'!93309 ,-:\I¡¡I¡:~'''''}~li'¡~,~,.., ,'" ' . ,0":, ',I,::: :~~~j~i~."~p;;. ," ".:rr~J~¿~g", .~j¡~=/i~~~'5Z;,~,j[~~:::I~"?"';\:~~: ;1;:,'f.~;:?P;I~::~, '~~:~84:.~~~~~:~!?~~~;;'~f~~r;J{;i~.~;~:~~~:\~;' , *THREE':1:H1:JNDR- " 'D'L.;:r.]ARS',,:'AND',"cNÖ 'CENTS" "I ",' """',il' '.',' "1,' "I "',,' ';,", , <~'l~:;:!:~~¡W{·¡i~t£i~~¡¡~~;~;~~~:i!J:~I;~~fr;~~;fì;f~it;~:~ti, ;:T:~,::, . ;,: >" :.' <::,;:F: : '" : ,'_~, ',r:-.'; "',' , «::::',, : ;,.~.,':,:,~:,!:;:"i~ : .:~I to. , " ";;::",,;')4 'I~ -,i1¡t':-',l~¡·:<IJr<I~-:!!~\i~.:1'} j,,;;y" ";,,, ", ',' .f", '.': ",.; j ':' ". DATE ' ,.'. . : ';: .,'" , ' ,AMOUNT [. I,! ·";I~1..!i'·:~.;.:t:;'~li\t~;J.4P,.-~ll"~~¡1; ¡t\.-\~1(-t~ni~-> :',: - . _", .! : ,.. ¡ .' ,'-\ .-.!~ ':~.'''' <,,' . "~.." "'"n...."!I:;; };¡I,?;'ì7~~d'~:-:, :1:;", "':.",, 1 ," ;, '. ' ,,' '04/19/04' , ' "- :* * * ** * * 300 00* .::·::':"~:<:~i/:::'~>~:<,~:;\<i¡<;¡;~;::<":'::;;\'"".,,' , ;,;., ' ',' '\. . CITY;'ORT,:I~AKE~~F;rELD'ì ~F;IRE :'P~PT FINANCE :DE:Pl\RTMENT', "\. P.O. BOX2057;':~ . . Bakersfield· ,. . " , , v " 1i c IT PAY TO THE ORDER OF ~~ " ',j CA 93303 ~: o L. ~ ill 5 0 ¡. 2 L. 0 III ~~~ M' CIBA 1110 ¡. ~ b g L. III,: ¡. 2 2 2 ~ B L. 20': ,I I FiRE CHIEF :;CI'¡ :=RAZE ADMINISTRATIVE SERVICES 2101 "H'Street Bakersfield, CA 93301 VOICE (661) 326,3941 FAX (661) 395,1349 SUPPRESSION SERVICES 2101 "H" Street Bakersfield. CA 93301 VOICE (661) 326,3941 FAX (661) 395,1349 PREVENTION SERVICES FIRE SAFETY SERVICES· ENVIRONMENTAL SERVICES 1715 Chester Ave. Bakersfield. CA 93301 VOICE (661) 326-3979 FAX (661) 326·0576 PUBLIC EDUCATION 1715 Chester Ave. Bakersfield. CA 93301 VOICE (661) 326,3696 FAX (661) 326-0576 FIRE INVESTIGATION 1715 Chester Ave. Bakersfield, CA 93301 VOICE (661) 326-3951 FAX (661) 326,0576 TRAINING DIVISION 5642 Victor Ave. Bakersfield. CA 93308 VOICE (661) 399,4697 FAX (661) 399-5763 e - March 5, 2004 Agent for Service of Process: Raymond Roselle Whitewater Car Wash & Lube, Inc. 3529 Brian Way Bakersfield, CA 93308 Certified Mail WHITEWATER CAR WASH & LUBE, INe., DOCKET NO.: 2004-16 To whom it may concern: Enclosed please find an Enforcement Order and related documents concerning violations of the California Fire Code as amended under section 15.64 et seq. of the Bakersfield Municipal Code. This Enforcement Order pertains to the discharge of petroleum waste products from 1701 Stine Road and does not preclude this Office from taking additional enforcement and compliance action. As indicated in the enclosures, you have a right to a hearing. Whether or not you choose to pursue an appeal, you are encouraged to explore the possibility of settlement by contacting me at 1715 Chester A venue, Suite 300, Bakersfield, CA 93301, telephone (661) 326-3979. Sincerely, 4!$/Þ RaIPhE.H~ Director of Prevention Services Enclosures ~~ Cfl . /.Þ (L? 'uuYu, 6Z. d-/ rJ72? /? ~ _ /. " .,7en;v/I;? Ute 0CY/lnUUr~ .,f1:Jp v'P'(:Jo/l'e L7/'UUl- ../0 (:J&u:t:U;?, -- .. i' STATE OF CALIFORNIA CITY OF BAKERSFIELD FIRE DEPARTMENT / PREVENTION SERVICES DIVISION In the Matter of: Docket No.: 2004-16 WHITEWATER CAR WASH & LUBE, INC. a California Corporation No. C2109030 ENFORCEMENT ORDER Bakersfield Municipal Code Section 15.64.036 Respondent. INTRODUCTION 1 . Parties. The Bakersfield Fire Department, Prevention Services Division (BFD-PSD) authorized by the Fire Chief to enforce the California Fire Code in the City of Bakersfield, issues this Enforcement Order (Order) to Whitewater Car Wash & Lube, Incorporated (Whitewater), a California corporation. 1.2. Site. Respondent does business at 1701 Stine Road in the City of Bakersfield. 1.3 Jurisdiction. Section 15.64.036 of the Bakersfield Municipal Code authorizes the BFD-PSD to order action necessary to correct violations and assess a penalty when the BFD-PSD determines that any person has violated specified provisions of the California Fire Code or any permit, rule, regulation, standard, or requirement issued or adopted pursuant thereto. DETERMINATION OF VIOLATIONS The BFD-PSD hereby determines that Respondent violated: 2.1 The California Fire Code. Section 7901.7.1. to wit: Flammable and combustible liquids and petroleum waste products shall not be discharged or released on sidewalks. streets. stormdrains. or the ground. 1 It e .' 2.2 On January 2, 2004, the Bakersfield Fire Department's Hazardous Materials Response Team responded to a release of petroleum waste products which had been pumped out of the car wash water/oil separator by Whitewater employees and discharged to Hasti Acres Drive, accumulating at the intersection of Buckley way. SCHEDULE FOR COMPLIANCE 3. Based on the forgoing DETERMINATION OF VIOLATIONS, IT IS HEREBY ORDERED THAT: 3.1 Respondent shall make all necessary arrangements to prevent any further such violations within thirty (30) days from the effective date of this Order. Respondent shall submit a schedule for and description of the proposed abatement for the BFD-PSD approval within fifteen (15) days from the effective date of this order. 3.2 Submittals. A copy of the schedule for and description of the proposed abatement shall be sent to the BFD-PSD, in care of: Mr. Ralph Huey Director of Prevention Services City of Bakersfield 1715 Chester Avenue Bakersfield, California 93301 3.3 Communications. All approvals and decisions of the BFD-PSD made regarding submittals and notifications will be communicated to Respondent in writing by the Director of Prevention Services or his/her designee. No informal advice, guidance, suggestions, or comments by the BFD-PSD regarding reports, plans, specifications, schedules, or any writings by the Respondent shall be construed to relieve Respondent of the obligation to obtain such formal approvals as may be required. 3.4 Review and Approval. If the BFD-PSD determines that the schedule, or other submitted for approval pursuant to this order fails to comply with the order or fails to protect public health or fire safety or the environment, the BFD-PSD may: 2 e e a. Modify the document as deemed necessary and approve the document as modified, or b. Return the document to Respondent with recommended changes and a date by which Respondent with recommended changes and a date by which Respondent must submit to the BFD-PSD a revised document incorporating the recommended changes. 3.5 Compliance with Applicable Laws. Respondent shall carry out this Order in compliance with all local, State, and federal requirements, including but not limited to requirements to obtain permits and to assure worker safety. 3.6 Endanaerment durinQ Implementation. In the event that the BFD-PSD determines that any circumstances or activity (whether or not pursued in compliance with this Order) are creating an imminent or substantial endangerment to the health or welfare of people on the site or in the surrounding area or to the environment, the BFD- PSD may order Respondent to stop further implementation of this Order for such period of time as needed to abate the endangerment. Any deadline in this Order directly affected by a Stop Work Order under this section shall be extended for the term of the Stop Work Order. 3.7 Liability. Nothing in this Order shall constitute or be construed as a satisfaction or release from liability for any conditions or claims arising as a result of past, current, or future operations of Respondent...other than those violations alleged in section 2 of this order. Notwithstanding compliance with the terms of this Order, Respondent may be required to take further actions as are necessary to protect public health, safety or the environment. 3.8 Data and Document Availabilitv. Respondent shall permit the BFD-PSD and its authorized representatives to inspect and copy all sampling, testing, monitoring, and other data generated by Respondent or on Respondent's behalf in any way pertaining to work undertaken pursuant to this Order. Respondent shall allow the BFD- 3 e e .' PSD and its authorized representatives to take duplicates of any samples collected by Respondent pursuant to this Order. Respondent shall maintain a central depository of the data, reports, and other documents prepared pursuant to this Order. All such data, reports, and other documents shall be preserved by Respondent for a minimum of three years after the conclusion of all activities under this Order. If the BFD-PSD requests that some or all of these documents be preserved for a longer period of time, Respondent shall comply with that request, deliver the documents to the BFD-PSD, or permit the BFD-PSD to copy the documents prior to destruction. 3.9 Government Liabilities. The City of Bakersfield shall not be liable for injuries or damages to persons or property resulting from acts or omissions by Respondent or related parties in carrying out activities pursuant to this Order, nor shall the City of Bakersfield be held as a party to any contract entered into by Respondent or its agents in carrying out activities pursuant to the Order. 3.10 Additional Enforcement Actions. By issuance of this Order, the BFD-PSD does not waive the right to take further enforcement actions. 3.11 Incorporation of Plans and Reports. All plans, schedules, and reports that require BFD-PSD approval and are submitted by respondent pursuant to this Order are incorporated in this Order upon approval by the BFD-PSD. 3.12 Extension Request. If Respondent is unable to perform any activity or submit any document within the time required under this Order, the Respondent may, prior to expiration of the time, request an extension of time in writing. The extension request shall include a justification for the delay. 3.13 Extension Approvals. If the BFD-PSD determines that good cause exists for an extension, it will grant the request and specify in writing a new compliance schedule. 3.14 Penalties for Noncompliance. Failure to comply with the terms of this Order may also subject Respondent to costs, penalties, and/or punitive damages for 4 e e any costs incurred by the BFD-PSD or other government agencies as a result of such failure, as provided by the Bakersfield Municipal Code and other applicable provisions of law. 3.15 Parties Bound. This Order shall apply to and be binding upon Respondent, and its officers, directors and agents, including but not limited to individuals, and upon the BFD-PSD and any successor agency that may have responsibility for and jurisdiction over the subject matter of this· order. PENALTY 4. The BFD-PSD assesses a penalty of $ 500. Payment of the total penalty of $ 500 is due within thirty (30) days from the effective date of the Order. Respondent's check shall be made payable to City of Bakersfield, Fire Department Prevention Services Division, and shall identify the Respondent and Docket Number, as shown in the heading of this case. Respondent shall deliver the penalty payment to: Ms. Susan Chichester Business Manager Bakersfield Fire Department 2101 H Street Bakersfield, California 93301 A photocopy of the check shall be sent to: Mr. Ralph Huey Director of Prevention Services City of Bakersfield 1715 Chester Avenue Bakersfield, California 93301 5. This Order is final and effective upon execution by the City and Respondent. 6. "Days" for purposes of this Order means calendar days. 5 e Date of Issuance: March 5, 2004 ~~/ Mr. Ralp uey. Director of Prevention Services City of Bakersfield Whitewater, Inc. Typed or Printed Name of Respondent's Representative cc: Mr. Robert Sherfy Assisstant City Attorney City Attorney's Office City of Bakersfield 1501 Truxtun Avenue Bakersfield, CA93301 e Date Date 6 ... e e ACKNOWLEDGMENT OF RECEIPT . Without admitting the violations, I acknowledge receipt of this Enforcement Order, Statement to Respondent, Certification of Compliance form, and two copies of the form entitled Notice of Defense. DATED: Signature Print Name and Title S:\CORRESPONDENCE\2OO4-02\ENFORCEMENTORDER_Whitewater.DOC 7 FiRE CHIEF :::'~Ci'J i::~/\.ZE ADMINISTRATIVE SERVICES 2101 "H' Street Bakersfield, CA 93301 VOICE (661) 326-3941 FAX (661) 395-1349 SUPPRESSION SERVICES 2101 "H" Street Bakersfield, CA 93301 VOICE (661) 326,3941 FAX (661) 395,1349 PREVENTION SERVICES FIRE SAFETY SERVICES· ENVIRONMENTAL SERVICES 1715 Chesler Ave, Bakersfield. CA 93301 VOICE (661) 326,3979 FAX (661) 326·0576 PUBLIC EDUCATION 1715 Chester Ave. Bakersfield. CA 93301 VOICE (661) 326-3696 FAX (661) 326,0576 FIRE INVESTIGATION 1715 Chesler Ave. Bakersfield, CA 93301 VOICE (661) 326-3951 FAX (661) 326,0576 TRAINING DIVISION 5642 Victor Ave. Bakersfieid, CA 93308 VOICE (661) 399,4697 FAX (661) 399,5763 . . April 7, 2004 Agent for Service of Process: Bob Bandari Cheaper, Inc. 12424 Wilshire Blvd., Ste. 830 Los Angeles, CA 90025 Certified Mail WHITEW ATER CAR WASH & LUBE, INe., DOCKET NO.: 2004-16 CONSENT AGREEMENT To whom it may concern: Enclosed please find an Order on Consent Agreement concerning violations of the California Fire Code as amended under section 15.64 et seq. of the Bakersfield Municipal Code. This Consent Agreement pertains to the incident involving the discharge of petroleum waste from 1701 Stine Road. Please sign and return all items as specified in the agreement. Sincerely, Ra ph E. Huey Director of Prevention Services Enclosure ~" ('£7 .I ¿? (x:., r;;:: //-:/ -;p /? CZ;' ~., .]éroÚl;;?' Ute·. r.Jc'//l/~ .:ro/~ .../'é()or8- .%un ./0 6e/lÁ~~~ . . STATE OF CALIFORNIA CITY OF BAKERSFIELD FIRE DEPARTMENT / PREVENTION SERVICES DIVISION In the Matter of: Docket No.: 2004-16 CHEAPER, INC. a California Corporation No. C2095925 ORDER ON CONSENT AGREEMENT Doing business as: WHITEWATER CAR WASH & LUBE, INC. Bakersfield Municipal Code Section 15.64.036 Respondent. INTRODUCTION 1 . Parties. The Bakersfield Fire Department, Prevention Services Division (BFD-PSD) authorized by the Fire Chief to enforce the California Fire Code in the City of Bakersfield, issues this Order on Consent Agreement (Order) to Whitewater Car Wash & Lube, Incorporated (Whitewater), a California corporation. 1.2. Site. Respondent does business at 1701 Stine Road in the City of Bakersfield. 1.3 Jurisdiction. Section 15.64.036 of the Bakersfield Municipal Code authorizes the BFD-PSD to order action necessary to correct violations and assess a penalty when the BFD-PSD determines that any person has violated specified provisions of the California Fire Code or any permit, rule, regulation, standard, or requirement issued or adopted pursuant thereto. DETERMINATION OF VIOLATIONS The BFD-PSD hereby determines that Respondent violated: 2.1 The California Fire Code. Section 7901.7.1, to wit: Flammable and combustible liquids and petroleum waste products shall not be discharaed or released on sidewalks. streets, stormdrains. or the around. 1 . . 2.2 On January 2, 2004, the Bakersfield Fire Department's Hazardous Materials Response Team responded to a release of petroleum waste products which had been pumped out of the car wash water/oil separator by Whitewater employees and discharged to Hasti Acres Drive, accumulating at the intersection of Buckley way. SCHEDULE FOR COMPLIANCE 3. Based on the forgoing DETERMINATION OF VIOLATIONS, IT IS HEREBY ORDERED THAT: 3.1 Respondent shall follow the procedures developed as agreed upon to prevent any further such violations. Respondent shall submit a schedule for and description of the proposed abatement for the BFD-PSD approval within fifteen (15) days from the effective date of this order. 3.2 Submittals. A copy of the schedule for and description of the proposed abatement shall be sent to the BFD-PSD, in care of: Mr. Ralph Huey Director of Prevention Services City of Bakersfield 1715 Chester Avenue Bakersfield, California 93301 3.3 Communications. All approvals and decisions of the BFD-PSD made regarding submittals and notifications will be communicated to Respondent in writing by the Director of Prevention Services or his/her designee. No informal advice, guidance, suggestions, or comments by the BFD-PSD regarding reports, plans, specifications, schedules, or any writings by the Respondent shall be construed to relieve Respondent of the obligation to obtain such formal approvals as may be required. 3.4 Review and Approval. If the BFD-PSD determines that the schedule, or other submitted for approval pursuant to this order fails to comply with the order or fails to protect public health or fire safety or the environment, the BFD-PSD may: 2 . . a. Modify the document as deemed necessary and approve the document as modified, or b. Return the document to Respondent with recommended changes and a date by which Respondent with recommended changes and a date by which Respondent must submit to the BFD-PSD a revised document incorporating the recommended changes. 3.5 Compliance with Applicable Laws. Respondent shall carry out this Order in compliance with all local, State, and federal requirements, including but not limited to requirements to obtain permits and to assure worker safety. 3.6 Endanqerment durina Implementation. In the event that the BFD-PSD determines th¿;lÌ any circumstances or activity (whether or not pursued in compliance with this Order) are creating an imminent or substantial endangerment to the health or welfare of people on the site or in the surrounding area or to the environment, the BFD- PSD may order Respondent to stop further implementation of this Order for such period of time as needed to abate the endangerment. Any deadline in this Order directly affected by a Stop Work Order under this section shall be extended for the term of the Stop Work Order. 3.7 Liabilitv. Nothing in this Order shall constitute or be construed as a satisfaction or release from liability for any conditions or claims arising as a result of past, current, or future operations of Respondent...other than those violations alleged in section 2 of this order. Notwithstanding compliance with the terms of this Order, Respondent may be required to take further actions as are necessary to protect public health, safety or the environment. 3.8 Data and Document Availabilitv. Respondent shall permit the BFD-PSD and its authorized representatives to inspect and copy all sampling, testing, monitoring, and other data generated by Respondent or on Respondent's behalf in any way pertaining to work undertaken pursuant to this Order. Respondent shall allow the BFD- 3 . . PSD and its authorized representatives to take duplicates of any samples collected by Respondent pursuant to this Order. Respondent shall maintain a central depository of the data, reports, and other documents prepared pursuant to this Order. All such data, reports, and other documents shall be preserved by Respondent for a minimum of three years after the conclusion of all activities under this Order. If the BFD-PSD requests that some or all of these documents be preserved for a longer period of time, Respondent shall comply with that request, deliver the documents to the BFD-PSD, or permit the BFD-PSD to copy the documents prior to destruction. 3.9 Government Liabilities. The City of Bakersfield shall not be liable for injuries or damages to persons or property resulting from acts or omissions by Respondent or related parties in carrying out activities pursuant to this Order, nor shall the City of Bakersfield be held as a party to any contract entered into by Respondent or its agents in carrying out activities pursuant to the Order. 3.10 Additional Enforcement Actions. By issuance of this Order, the BFD-PSD does not waive the right to take further enforcement actions. 3.11 Incorporation of Plans and Reports. All plans, schedules, and reports that require BFD-PSD approval and are submitted by respondent pursuant to this Order are incorporated in this Order upon approval by the BFD-PSD. 3.12 Extension Request. If Respondent is unable to perform any activity or submit any document within the time required under this Order, the Respondent may, prior to expiration of the time, request an extension of time in writing. The extension request shall include a justification for the delay. 3.13 Extension Approvals. If the BFD-PSD determines that good cause exists for an extension, it will grant the request and specify, in writing a new compliance schedule. 3.14 Penalties for Noncompliance. Failure to comply with the terms of this Order may also subject Respondent to costs, penalties, and/or punitive damages for 4 . . any costs incurred by the BFD-PSD or other government agencies as a result of such failure, as provided by the Bakersfield Municipal Code and other applicable provisions of law. 3.15 Parties Bound. This Order shall apply to and be binding upon Respondent, and its officers, directors and agents, including but not limited to individuals, and upon the BFD-PSD and any successor agency that may have responsibility for and jurisdiction over the subject matter of this order. PENALTY 4. The BFD-PSD assesses a penalty of $ 300. Payment of the total penalty of $ 300 is due within thirty (30) days from the effective date of the Order. Respondent's check shall be made payable to City of Bakersfield, Fire Department Prevention Services Division, and shall identify the Respondent and Docket Number, as shown in the heading of this case. Respondent shall deliver the penalty payment to: Ms. Susan Chichester Business Manager Bakersfield Fire Department 2101 H Street Bakersfield, California 93301 A photocopy of the check shall be sent to: Mr. Ralph Huey Director of Prevention Services City of Bakersfield 1715 Chester Avenue Bakersfield, California 93301 5. This Order is final and effective upon execution by the City and Respondent. 6. "Days" for purposes of this Order means calendar days. 5 . Date of Issuance: April 7, 2004 Mr. Ra Directo revention Services City of Bakersfield Cheaper, Inc. Typed or Printed Name of Respondent's Representative cc: Mr. Robert Sherfy Assisstant City Attorney City Attorney's Office City of Bakersfield 1501 Truxtun Avenue Bakersfield,CA93301 . ~-j7-ð1. Date Date 6 California Business Search . . ~~~ (t;:.,..~", ,- ,y'l..~. "·;v .,....Af'!;'l¡-" iI¡-;... 'ITf'£..?';"~kt" r;:::-:.,..,..,)f"{·,·,r ..K~.:\.llt:.Q.1,l1..1 <',..\'1. ,..~J~'9I1!!:~; J~\J~;:. ,'(.1.1 ,II. ',A. K~lt';~l DISCLAIMER: The information displayed here is current as of MAR 19,2004 and is updated weekly. It is not a complete or certified record of the Corporation. I Corporation CHEAPER INC. Number: C2095925 IIDate Filed: 11/2/1998 IIStatus: active IJurisdiction: California 1 Mailing Address 112424 WILSHIRE BLVD STE 830 ILOS ANGELES, CA 90025 I Agent for Service of Process IBOB BANDARI 112424 WILSHIRE BLVD STE 830 ILOS ANGELES, CA 90025 For information about certification of corporate records or for additional corporate information, please refer to Corporate Records. If you are unable to locate a corporate record, you may submit a request to this office for a more extensive search. Fees and instructions for requesting this search are included on the Corporate Records Order Form. Blank fields indicate the information is not contained in the computer file. If the status of the corporation is "Surrender", the agent for service of process is automatically revoked. Please refer to California Corporations Code Section 2114 for information relating to service upon corporations that have surrendered. http://kepler.ss.ca.gov/corpdatalShow AllList?QueryCorpNumber=C2095925&printer=yes Page 1 of 1 3/24/2004 FiRE ~:HIEF ;::Cf\¡ ;:-,~¡.-\.~= ADMINISTRATIVE SERVICES 2101 "H" Street Bakersfield, CA 93301 VOICE (661) 326,3941 FAX (661) 395,1349 SUPPRESSION SERVICES 2101 "H" Street Bakersfield, CA 93301 VOICE (661) 326,3941 FAX (661) 395,1349 PREVENTION SERVICES FIRE SAFETY SERVICES· ENVIRONMENTAL SERVICES 1715 Chester Ave, Bakersfield. CA 93301 VOICE (661) 326-3979 FAX (661) 326-0576 PUBLIC EDUCATION 1715 Chester Ave, Bakersfield, CA 93301 VOICE (661) 326-3696 FAX (661) 326,0576 FIRE INVESTIGATION 1715 Chesler Ave. Bakersfield, CA 93301 VOICE (661) 326-3951 FAX (661) 326'0576 TRAINING'DIVISION 5642 Victor Ave. Bakersfield, CA 93308 VOICE (661) 399-4697 FAX (661) 399,5763 It . March 25, 2004 Agent for Service of Process: Bob Bandari Cheaper, Inc. 12424 Wilshire Blvd., Ste. 830 Los Angeles, CA 90025 Certified Mail WHITEW ATER CAR WASH & LUBE, INC., DOCKET NO.: 2004-16 To whom it may concern: Enclosed please find an Enforcement Order and related documents concerning violations of the California Fire Code as amended under section 15.64 et seq. of the Bakersfield Municipal Code. This Enforcement Order pertains to the discharge of petroleum waste products from 1701 Stine Road and does not preclude this Office from taking additional enforcement and compliance action. As indicated in the enclosures, you have a right to a hearing. Whether or not you choose to pursue an appeal, you are encouraged to explore the possibility of settlement by contacting me at 1715 Chester A venue, Suite 300, Bakersfield, CA 93301, telephone (661) 326-3979. Sincerely, //3/)// /1.___, "Ii· ~uz.Æ..r'" :--", " G~---- - '- Ralph E. Huey Director of Prevention Services Enclosures ~¡. cL7 . .Lß (L? . 6Z. /h-f ú7P /? ~_ /. .,., ./é/'OUl¿p' me ()CV/l/,UUV,& J~P ./~0C'/'e .J /lU/b .../D (:;i&UN/~ - e STATE OF CALIFORNIA CITY OF BAKERSFIELD FIRE DEPARTMENT / PREVENTION SERVICES DIVISION In the Matter of: Docket No.: 2004-16 WHITEWATER CAR WASH & LUBE, INC. a California Corporation No. C2250869 STATEMENT TO RESPONDENT Enforcement Order Respondent. TO THE ABOVE RESPONDENT: An Enforcement Order ("Order") is attached to this statement and is hereby served upon you. The Order has been filed by the Bakersfield Fire Department / Prevention Services Division (BFD-PSD). Unless a written request for a hearing signed by you or on your behalf is delivered or mailed to BFD-PSD within fifteen (15) days after you have received a copy of the Order, you will be deemed to have waived your right to a hearing in this matter. If you do not file a timely hearing request, the Order becomes final automatically. The request for a hearing may be made by delivering or mailing one copy of the enclosed form entitled "Notice of Defense" or by delivering or mailing a Notice of Defense as provided in Section 15.64.038 of the Bakersfield Municipal Code to: Ron Fraze, Fire Chief Bakersfield Fire Department Attention: Ralph E. Huey, Director Prevention Services Division 1715 Chester Avenue, 3rd Floor Bakersfield, California 93301 Telephone: (661) 326-3979 1 - e The enclosed Notice of Defense, if signed and filed with BFD-PSD, is deemed a specific denial of all parts of the Order, but you will not be permitted to raise any objection to the form of the Order unless you file a further Notice of Defense as provided in Section 15.64.038 of the Bakersfield Municipal Code within fifteen (15) days after seNice of the Order upon you. If you file a Notice of Defense within the time permitted, a hearing on the allegations made in the Order will be conducted by the Fire Chief of the Bakersfield Fire Department in accordance with the procedures specified in the Bakersfield Municipal Code Section 15.64.038 and Government Code sections 11507, et seq. The hearing may be postponed for good cause. If you have good cause, you must notify BFD-PSD within ten (10) working days after you discover the good cause. Failure to notify BFD-PSD within ten (10) working days will deprive you of a postponement. Copies of Government Code Sections 11507.5, 11507.6 and 11507.7 and Bakersfield Municipal Code Sections 15.64.036, 15.64.037, and 15.64.038 are attached. If you desire the names and addresses of witnesses or an opportunity to inspect and copy items in possession, custody or control of BFD-PSD, you may contact: Mr. Robert Sherfy Assistant City Attorney City Attorney's Office City of Bakersfield 1501 Truxtun Avenue Bakersfield, California 93301 Telephone: (661) 326-3721 Whether or not you have a hearing, you may confer informally with BFD-PSD to discuss the alleged facts, determinations, corrective actions and penalty. An informal conference does not. however, postpone the fifteen (15) day period you have to request a hearing on the Order. An informal conference may be pursued simultaneously with the hearing process. 2 e e You may, but are not required, to be represented by counsel at any or all stages of these proceedings. INFORMAL CONFERENCE If you wish to discuss this matter with BFD-PSD, an Informal Conference has been scheduled for: Date: Tuesda~April6,2004 10:00 AM Prevention Services Division 3rd Floor Conference Room City of Bakersfield Development Services Building 1715 Chester Avenue Bakersfield, California 93301 (661) 326-3979 Time: Location: You may inform BFD-PSD at the conference whether you wish to pursue a formal hearing or waive your right to a formal hearing, as explained below,' FORMAL HEARING RIGHTS YOU MUST FILE A WRITTEN REQUEST FOR A HEARING WITHIN FIFTEEN (15) DAYS IF YOU WISH TO HAVE A FORMAL HEARING. 3 e e STATE OF CALIFORNIA CITY OF BAKERSFIELD FIRE DEPARTMENT / PREVENTION SERVICES DIVISION In the Matter of: Docket No.: 2004-16 CHEAPER, INC. a California Corporation No. C2095925 ENFORCEMENT ORDER Doing business as: WHITEWA TER CAR WASH & LUBE, INC. Bakersfield Municipal Code Section 15.64.036 Respondent. INTRODUCTION 1. Parties. The Bakersfield Fire Department, Prevention Services Division (BFD-PSD) authorized by the Fire Chief to enforce the California Fire Code in the City of Bakersfield, issues this Enforcement Order (Order) to Whitewater Car Wash & Lube, Incorporated (Whitewater), a California corporation. 1.2. Site. Respondent does business at 1701 Stine Road in the City of Bakersfield. 1.3 Jurisdiction. Section 15.64.036 of the Bakersfield Municipal Code authorizes the BFD-PSD to order action necessary to correct violations and assess a penalty when the BFD-PSD determines that any person has violated specified provisions of the California Fire Code or any permit, rule, regulation, standard, or requirement issued or adopted pursuant thereto. DETERMINATION OF VIOLATIONS The BFD-PSD hereby determines that Respondent violated: 2.1 The California Fire Code. Section 7901.7.1. to wit: Flammable and combustible liquids and petroleum waste products shall not be discharged or released on sidewalks. streets. stormdrains. or the ground. 1 e . 2.2 On January 2, 2004, the Bakersfield Fire Department's Hazardous Materials Response Team responded to a release of petroleum waste products which had been pumped out of the car wash water/oil separator by Whitewater employees and discharged to Hasti Acres Drive, accumulating at the intersection of Buckley way. SCHEDULE FOR COMPLIANCE 3. Based on the forgoing DETERMINATION OF VIOLATIONS, IT IS HEREBY ORDERED THAT: 3.1 Respondent shall make all necessary arrangements to prevent any further such violations within thirty (30) days from the effective date of this Order. Respondent shall submit a schedule for and description of the proposed abatement for the BFD-PSD approval within fifteen (15) days from the effective date of this order. 3.2 Submittals. A copy of the schedule for and description of the proposed abatement shall be sent to the BFD-PSD, in care of: Mr. Ralph Huey Director of Prevention Services City of Bakersfield 1715 Chester Avenue Bakersfield, California 93301 3.3 Communications. All approvals and decisions of the BFD-PSD made regarding submittals and notifications will be communicated to Respondent in writing by the Director of Prevention Services or his/her designee. No informal advice, guidance, suggestions, or comments by the BFD-PSD regarding reports, plans, specifications, schedules, or any writings by the Respondent shall be construed to relieve Respondent of the obligation to obtain such formal approvals as may be required. 3.4 Review and Approval. If the BFD-PSD determines that the schedule, or other submitted for approval pursuant to this order fails to comply with the order or fails to protect public health or fire safety or the environment, the BFD-PSD may: 2 - e a. Modify the document as deemed necessary and approve the document as modified, or b. Return the document to Respondent with recommended changes and a date by which Respondent with recommended changes and a date by which Respondent must submit to the BFD-PSD a revised document incorporating the recommended changes. 3.5 Compliance with Applicable Laws. Respondent shall carry out this Order in compliance with all local, State, and federal requirements, including but not limited to requirements to obtain permits and to assure worker safety. 3.6 Endangerment during Implementation. In the event that the BFD-PSD determines that any circumstances or activity (whether or not pursued in compliance with this Order) are creating an imminent or substantial endangerment to the health or welfare of people on the site or in the surrounding area or to the environment, the BFD- PSD may order Respondent to stop further implementation of this Order for such period of time as needed to abate the endangerment. Any deadline in this Order directly affected by a Stop Work Order under this section shall be extended for the term of the Stop Work Order. 3.7 Liability. Nothing in this Order shall constitute or be construed as a satisfaction or release from liability for any conditions or claims arising as a result of past, current, or future operations of Respondent...other than those violations alleged in section 2 of this order. Notwithstanding compliance with the terms of this Order, Respondent may be required to take further actions as are necessary to protect public health, safety or the environment. 3.8 Data and Document Availability. Respondent shall permit the BFD-PSD and its authorized representatives to inspect and copy all sampling, testing, monitoring, and other data generated by Respondent or on Respondent's behalf in any way pertaining to work undertaken pursuant to this Order. Respondent.shall allow the BFD- 3 - e PSD and its authorized representatives to take duplicates of any samples collected by Respondent pursuant to this Order. Respondent shall maintain a central depository of the data, reports, and other documents prepared pursuant to this Order. All such data, reports, and other documents shall be preserved by Respondent for a minimum of three years after the conclusion of all activities under this Order. If the BFD-PSD requests that some or all of these documents be preserved for a longer period of time, Respondent shall comply with that request, deliver the documents to the BFD-PSD, or permit the BFD-PSD to copy the documents prior to destruction. 3.9 Government Liabilities. The City of Bakersfield shall not be liable for injuries or damages to persons or property resulting from acts or omissions by Respondent or related parties in carrying out activities pursuant to this Order, nor shall the City of Bakersfield be held as a party to any contract entered into by Respondent or its agents in carrying out activities pursuant to the Order. 3.10 Additional Enforcement Actions. By issuance of this Order, the BFD-PSD does not waive the right to take further enforcement actions. 3.11 Incorporation of Plans and Reports. All plans, schedules, and reports that require BFD-PSD approval and are submitted by respondent pursuant to this Order are incorporated in this Order upon approval by the BFD-PSD. 3.12 Extension Request. If Respondent is unable to perform any activity or submit any document within the time required under this Order, the Respondent may, prior to expiration of the time, request an extension of time in writing. The extension request shall include a justification for the delay. 3.13 Extension Approvals. If the BFD-PSD determines that good cause exists for an extension, it will grant the request and specify ,in writing a new compliance schedule. 3.14 Penalties for Noncompliance. Failure to comply with the terms of this Order may also subject Respondent to costs, penalties, and/or punitive damages for 4 e e any costs incurred by the BFD-PSD or other government agencies as a result of such failure, as provided by the Bakersfield Municipal Code and other applicable provisions of law. 3.15 Parties Bound. This Order shall apply to and be binding upon Respondent, and its officers, directors and agents, including but not limited to individuals, and upon the BFD-PSD and any successor agency that may have responsibility for and jurisdiction over the subject matter of this order. PENALTY 4. The BFD-PSD assesses a penalty of $ 500. Payment of the total penalty of $ 500 is due within thirty (30) days from the effective date of the Order. Respondent's check shall be made payable to City of Bakersfield, Fire Department Prevention Services Division, and shall identify the Respondent and Docket Number, as shown in the heading of this case. Respondent shall deliver the penalty payment to: Ms. Susan Chichester Business Manager Bakersfield Fire Department 2101 H Street Bakersfield, California 93301 A photocopy of the check shall be sent to: Mr. Ralph Huey Director of Prevention Services City of Bakersfield 1715 Chester Avenue Bakersfield, California 93301 5. This Order is final and effective upon execution by the City and Respondent. 6. "Days" for purposes of this Order means calendar days. 5 .e Date of Issuance: March 25, 2004 ~ /' j..i- , ,., ,,/ -' / I /¿..-f Mr. R~p~~r:I Director~ Prevention Services City of Bakersfield Cheaper, Inc. Typed or Printed Name of Respondent's Representative cc: Mr. Robert Sherfy Assisstant City Attorney City Attorney's Office City of Bakersfield 1501 Truxtun Avenue Bakersfield ,CA93301 e ? ,- ) ..u'.,.~ ¿j ..../ ,;...-c.. / ~ <-..-- ./ Date Date 6 e e ACKNOWLEDGMENT OF RECEIPT Without admitting the violations, I acknowledge receipt of this Enforcement Order, Statement to Respondent, Certification of Compliance form, and two copies of the form entitled Notice of Defense. DATED: Signature Print Name and Title S:\CORRESPONDENCE\2004-D2\ENFORCEMENTORDER_Whitewater.DOC 7 e e STATE OF CALIFORNIA CITY OF BAKERSFIELD FIRE DEPARTMENT I PREVENTION SERVICES DIVISION In the Matter of: Docket No.: 2004-16 CHEAPER, INC. NOTICE OF DEFENSE a California Corporation No. C2095925 Bakersfield Municipal Code Doing business as: Section 15.64.038 WHITEWATER CAR WASH & LUBE, INC. Respondent. I, the undersigned Respondent, acknowledge receipt of a copy of the Enforcement Order, Statement to Respondent, Government Code sections 11507.5, 11507.6 and 11507.7, Bakersfield Municipal Code sections 15.64.036, 15.64.037, and 15.64.038, and two copies of this Notice of Defense. I request a hearing to permit me to present my defense to the allegations contained in the Enforcement Order. Dated: (Signature of Respondent) Please Type or Print the Name and Mailing Address of Respondent (Name) (Street Address) (City) (State) (Zip) (Telephone Number) 1 e e STATE OF CALIFORNIA CITY OF BAKERSFIELD FIRE DEPARTMENT / PREVENTION SERVICES DIVISION In the Matter of: Docket No.: 2004-16 CHEAPER, INC. NOTICE OF DEFENSE a California Corporation No. C2095925 Bakersfield Municipal Code Doing business as: Section 15.64.038 WHITEWATER CAR WASH & LUBE, INC. Respondent. I, the undersigned Respondent, acknowledge receipt of a copy of the Enforcement Order, Statement to Respondent, Government Code sections 11507.5, 11507.6 and 11507.7, Bakersfield Municipal Code sections 15.64.036, 15.64.037, and 15.64.038, and two copies of this Notice of Defense. I request a hearing to permit me to present my defense to the allegations contained in the Enforcement Order. Dated: (Signature of Respondent) Please Type or Print the Name and Mailing Address of Respondent (Name) (Street Address) (City) (State) (Zip) (Telephone Number) 1 e (e GOVERNMENT CODE Section 11507.5. Exclusivity ot discovery provisions The provisions of Section 11507.6 provide the exclusive right to and method of discovery as to any proceeding governed by this chapter. Section 11507.6. Request tor discovery After initiation of a proceeding in which a respondent or . other party is entitled to a hearing on the merits, a party, upon written request made to another party, prior to the hearing and within 30 days after service by the agency of the initial pleading or within 15 days after such service of an additional pleading, is entitled to (1) obtain the names and addresses of witnesses to the extent known to the other party, including, but not limited to, those intended to be called to testify at the hearing, and (2) inspect and make a copy of any of the following in the possession or custody or under the control of the other party: (a) A statement of a person, other than the respondent, named in the initial administrative pleading, or in any additional pleading, when it is claimed that the act or omission of the respondent as to such person is the basis for the administrative proceeding¡ (b) A statement pertaining to the subject matter of the proceeding made by any party to another party or person¡ (c) Statements of witnesses then proposed to be called by the party and of other persons having personal knowledge of the acts, omissions or events which are the basis for the proceeding, not included in (a) or (b) above¡ (d) All writings, including, but not limited to, reports of mental, physical and blood examinations and things which the party then proposes to offer in evidence; (e) Any other writing or thing which is relevant and which would be admissible in evidence; ENF.ll (1/93) 5 e e (f) Investigative reports made by or on behalf of the agency or other party pertaining to the subject matter of the proceeding, to the extent that such reports (1) contain the names and addresses of witnesses or of persons having personal knowledge of the acts, omissions or events which are the basis for the proceeding, or (2) reflect matters perceived by the investigator in the course of his or her investigation, or (3) contain or include by attachment any statement or writing described in (a) to (e), inclusive, or summary thereof. For the purpose of this section, "statements" include written statements by the person signed or otherwise authenticated by him or her, stenographic, mechanical, electrical or other recordings, or transcripts thereof, of oral statements by the person, and written reports or summaries of such oral statements. Nothing in thìs section shall authorize the inspection or copying of any writing or thing which is privileged from disclosure by law or otherwise made confidential or protected as the attorney's work product. (g) In any proceeding under subdivision (i) or (j) of Section 12940, or Section 19572 or 19702, alleging conduct which constitutes sexual harassment, sexual assault, or sexual battery, evidence of specific instances of a complainant's sexual conduct with individuals other than the alleged perpetrator is not discoverable unless it is to be offered at a hearing to attack the credibility of the complainant as provided for under subdivision (j) of section 11513. This subdivision is intended only to limit the scope of discovery; it is not intended to effect the methods of discovery allowed under this section. section 11507.7. Petition to compel discovery; Order; Sanctions (a) Any party claiming his request for discovery pursuant to Section 11507.6 has not been complied with may serve and file a verified petition to compel discovery in the superior court for the county in which the administrative hearing will be held, naming as respondent the party refusing or failing to comply with section 11507.6. The petition shall state facts showing the respondent party failed or refused to comply with section 11507.6, a description of the matters sought to be discovered, the reason or reasons why such matter is discoverable under this section, and the ground or grounds of respondent's refusal so far as known to petitioner. ENF, (1/93) 6 e e (b) The petition shall be served upon respondent party and filed within 15 days after the respondent party first evidenced his failure or refusal to comply with Section 11507.6 or within 30 days after request was made and the party has failed to reply to the request, whichever period is longer. However, no petition may be filed within 15 days of the date set for commencement of the administrative hearing except upon order of the court after motion and notice and for good cause shown. In acting upon such motion, the court shall consider the necessity and reasons for such discovery, the diligence or lack of diligence of the moving party, whether the granting of the motion will delay the commencement of the administrative hearing on the date set, and the possible prejudice of such action to any party. (c) If from a reading of the petition the court is satisfied that the petition sets forth good cause for relief, the court shall issue an order to show cause directed to the respondent party; otherwise thé court shall enter an order denying the petition. The order to show cause shall be served upon the respondent and his attorney of record in the administrative proceeding by personal delivery or certified mail and shall be returnable no earlier than 10 days from its issuance nor later than 30 days after the filing of the petition. The respondent party shall have the right to serve and file a written answer or other response to the petition and order to show cause. (d) The court may in its discretion order the administrative proceeding stayed during the pendency of the proceeding, and if necessary for a reasonable time thereafter to afford the parties time to comply with the court order. (e) Where the matter sought to be discovered is under the custody or control of the respondent party and the respondent party asserts that such matter is not a discoverable matter under the provisions of Section 11507.6, or is privileged against disclosure under such provisions, the court may order lodged with it such matters as are provided in subdivision (b) of Section 915 of the Evidence Code and examine such matters in accordance with the provisions thereof. (f) The court shall decide the case on the matters examined by the court in camera, the papers filed by the parties, and such oral argument and additional evidence as the court may allow. (g) Unless otherwise stipulated by the parties, the court shall no later than 30 days after the filing of the petition file its order denying or granting the petition, provided, however, the court may on its own motion for good cause extend such time an additional 30 days. The order of the court shall be in writing setting forth the matters or parts thereof the petitioner ENP,II (1/93) 7 e e is 'entitled to discover under Section 11507.6. A copy of the order shall forthwith be served by mail by the clerk upon the parties. Where the order grants the petition in whole or in part, such order shall not become effective until 10 days after the date the order is served by the clerk. Where the order denies relief to the petitioning party, the order shall be effective on the date it is served by the clerk. (h) The order of the superior court shall be final and not subject to review by appeal. A party aggrieved by such order, or any part thereof, may within 15 days after the service of the superior court's order serve and file in the district court of appeal for the district in which the superior court is located, a petition for a writ of mandamus to compel the superior court to set aside or otherwise modify its order. Where such review is sought from an order granting discovery, the order of the trial court and the administrative proceeding shall be stayed upon the filing of the petition for writ of mandamus, provided, however, the court of appeal may dissolve or modify the stay thereafter if it is in the public interest to do so. Where such review is sought from a denial of discovery, neither the trial court's order nor the administrative proceeding shall be stayed by the court of appeal except upon a clear showing of probable error. (i) Where the superior court finds that a party or his attorney, without substantial justification, failed or refused to comply with section 11507.6, or, without substantial justification, filed a petition to compel discovery pursuant to this section, or, without substantial justification, failed to comply with any order of court made pursuant to this section, the court may award court costs and reasonable attorney fees to the opposing party. Nothing in this subdivision shall limit the power of the superior court to compel obedience to its orders by contempt proceedings. ENF.II (1/93) 8 .1 j ()4 ¡) 2': e [)al1\a~~ to rro(c<:t~d ,Ihovt:~ruund ranb ,hall bt: rcpairt:d usin:; matt:rials !lav in:; <:4uaI1)r :;rt:att:r ,trt:n:;th ~Ind rirt: n:sistan<:<:. IUrd. ,II\)7 ~ I (part). 2003 Urd. 31)/3 ~ (part>. 1)9l») 15.6.t.025 r\ppcndi\ Chapter 111-,-\(6) delcted. (Ord. 39 J ~ I tpart). I <)l)9) 15.6.t.OJO Appcndix Chaptcr III-B(6) deleted. (Ord. 3913 ~ I (part). 1999) 15.6.t.OJ5 Section 1 OJ. U deleted-Board of Appeals. tOrd. 3913 ~ I (part). 1999) 15.6.t.OJ6 Section 10J.4.1 amended-Compliance orders and notices. Section 103.4.1.1. Compliance Orders and Notices, of the Uniform Fire Code is amended to read as follows: General. When the chief finds any buildings, premises. vehicle. storage facility or outdoor area that is in violation of this code. the chief is authorized to issue administrative compliance orders requiring that the violation be corrected and imposing an administrative penalty, in accordance with the following: I. (n establishing a penalty amount and ordering that the violation be corrected pursuant to this section the chief shall take into consideration the nature, circumstances, extent. and gravity of the violation, the violator's past and present efforts to prevent. abate, or clean up conditions posing a threat to the public health or safety or the environment, the violator's ability to pay the penalty, and the deterrent effect that the imposition of the penalty would have on both the violator and the regulated community. .., All administrative penalties collected trom actions brought by the chief pursuant to this section shall be deposited into a special account that shall be expended to fund the activities of the prevention services division in entorcing this code. 3. The chief shall consult with the district attorney, county counsel, or city attorney on the development of policies to be followed in exercising the authority delegated pursuant to this section as it relates to the authority of the chief to issue orders. EXCEPTION: This section does not do any of the tollowing: (ßakcrslichl Supp. No. ~,OSIO) I e ()th<':r\~ ¡St: ,1 (tl.'<:[ [he au(hor!l: of [he chief to takt: an; lH!lt:r oI<:tlOI1 ,llHhl)riLt.:d by any lHht:r provlSll)n of b~v, t:\c\.'pr thL' chicI' -;holll nlH rl.'4u1rc:: J ;J<.:rsl'n to pay a penalt; pursuant tlJ this -;t:ction and pursuant [l) ~l local ordinanœ tt1r [he samc violatilH1. Restril:[ [he power ofa l.'ity attomey. district attomey. count; counsel. or the Attomey General to bring. in the name of the people of Calitomia, any criminal proceeding otherwise authorized by law. J. Prevent the chief from cooperating with or participating in a proceeding specitied in paragraph (2). (Ord. 41 Oì ~ I (part). 2003) 15.64.0J7 Section IOJA.2 amended-Service of orders and notices. Section 103.4.2. Service of Orders and Notices, of the Uniform Fire Code is amended to read as follows; Orders and notices authorized or required by this code shall be given or served upon to owner. operator, occupant or other person responsible tòr the condition or violation either by verbal notification. personal service, or delivering the same to and leaving it with a person of suitable age and discretion upon the premises, by affixing a copy thereof in a conspicuous place on the door to the entrance of said premises and by mailing a copy thereof to such person by registered or certified mail, return receipt requested. to the person's last known address. Orders or notices which are given verbally shall be confirmed by service in writing as herein provided and shall inform the person served of the right to a hearing. (Ord. 4107 § I (part). 2003) 15.64.038 Section 103A.2.1 added- Administrative compliance order hearings. Section 103.4.2.1. Compliance Order Hearings, is added to the Uniform Fire Code to read as follows: Any person served with an order pursuant to section 103.4.1 who has been unable to resolve any violation with the prevention services division, may within fifteen (15) days after service of the order. request a hearing pursuant to this section by filing with the chiefa notice of defense. The notice shall be filed with the prevention services office that issued the order. A notice of defense shall be deemed filed within the IS-day period provided by this section ifit is postmarked within that IS-day period. (fno notice of defense is tiled within the time limits provided by this subdivision. the order shall become tìnal. 552 e ¡'be 11earill~ lk':ISI\Hl IsslIeu rur'iU,U1( to this se~tion ,hall he elre~tive JIIU tillalup\Hl issuan~t: by the chid'. A l:l)PY \)1' the Je~ision shall be 'ier"cJ bv pcrsonal serviœ or by certl tied ll1ail UPOII the parry 'ier"..:d with (he order. or th..:ir r..:pn:s..:nrat¡"e. if any. Any provision of an order issued under this section. exœpt the imposition of an administrative penalty. shall take effect upon issuance by the chief if the chief finds (hat the violation or violations of law associated with that provision may pose an imminent and substantial endangerment to the public health or safety or the environment. A request tor a hearing shall not stay the effect of that provision of the order pending a hearing decision. However. if the chief detennines that any or all provisions of the order are so related that the public health or satèty or the environment can be protected only by immediate compliance with the order as a whole. the order as a whole. except the imposition of an administrative penalty. shall take effect upon issuance by the chief. A request for a hearing shall not stay the effect of the order as a whole pending a hearing decision. A decision issued pursuant to this section may be reviewed by a court pursuant to Section 11523 of the Government Code. In all proceedings pursuant to this section. the court shall uphold the decision of the chief if the decision is based upon substantial evidence in the record as a whole. The filing of a petition for writ of mandate shall not stay any action required pursuant to section 103.4.1 or the accrual of any penalties assessed. This subdivision does not prohibit the court trom granting any appropriate relief within its jurisdiction. (Ord. 4107 § I (part), 2003) 15.64.040 Section 105....1 and .2 added- Inspection required. Section 105.4, Inspection Required. of the Unifonn Fire Code is amended by adding paragraphs (.1) and (.2) thereto as follows: (.1) If unique or unusual circumstances attend the design. operation. or use of a building or premises subject to inspection by the Fire Prevention Bureau. the Chief may require the owner or the person in possession or control of the building or premises to provide, without charge to the City. a technical opinion and report. The opinion and report shall be prepared by a qualified engineer. specialist. laboratory. or fire safety specialty organization acceptable to the Chief and shall treat the tire safety properties of the design. operation. or use of e I.' (J-J ()j8. eh..: builuin~ l)r prclI1lscs .Hld the 1;Il:ill(ICS and .Ippurtt:nan~t:s situatcd lhcrcl>I1, ( ~) .-\S uscd In thh 'i.:etll)Jl. "unlqU\: ùr unusual ':1n:Uf11stanœs" indulk n..:w vr no"..: 1 [t:~hllology. proœsses. produ\:t5. fa.:dj!it.:s. rna[criJIs. Jnd usö. (Ord, .f107 ~ I (part). ~OOj: Ord. 3913 ,~ ¡ (par1L 1999) 15.6·tO"5 Section 105.7 #7. 8. and 9 added- Revocation of permit. Section 105,7 Revocation ot'Permits. of the Uniform Fire Code is amended by adding paragraphs (7). (8) and (9) as tollows: (7) The violation of this chapter or of any other ordinance of the city of Bakersfield or law of the State of California regulating or pertaining to the pennittee's operations. as set forth in any written notice served upon the permitted by the Chief of the Fire Depar1ment. has not been corrected within the time required by said notice. (8) It is a misdemeanor for any person to continue to operate or maintain a regulated activity in the city of Bakersfield after his pennit has been revoked. (9) Upon receiving notification of permit revocation, the holder of said pennit shall return same immediately to the Chiefofthe Fire Depar1ment or shall turn said penn it over to any representative of the Fire Department who demands it. Failure to comply constitutes a misdemeanor. (Ord. 4107 § I (part). 2003: Ord. 3913 § ( (part). 1999) 15.6".050 Section III" added-Pipeline setbacks. Section 1114. Pipeline Setbacks. is added to the Uniform Fire Code to read as follows: I ¡ 14.1 For purposes of this section High Pressure Transmission Line is a natural gas pipeline operating at two hundred and fifty pounds per square inch (250 psi) or greater. A gas main or transmission line is a natural gas pipeline operating at sixty pounds per square inch (60 psi) or less. 1 t 14.2 No habitable pOr1ion of a structure may be built within fifty (50) feet of a high pressure transmission line with thirty~six (36) inches of cover. 1114.3 No structure may be built within forty (40) teet of a hazardous liquid pipeline bearing refined product. with forty-eight (48) inches or more of cover. 553 lIIak"rslicld Supp. So. ~. OSlO)) r' .. ...,.. ¡ " ""'." > ¡I·,::~':^ "~. l:, : . :, ~':', ·,?JÙLIO_fl~J.; ~ ',: :' .' '" ~: :; ~ [, ", ' ....,., , " ", . " .'. L~ . 7901 Rðsedãle Hwi' j; ,"(66J)58à-414o; L.7I·97'091I,.WhStí'n' ie·t.e,Ro~a} , ',' ,;(66!J832-J348 r u~' ,(661)831-.799.9 . : , 23P rH Street, '. '(~~IH24-845S . "'~"" '.+, '. .: 1 ;, ! -~¡. ¡ .,: .. ;. ", (661)5,88-421IFax": :(661)~32-1129fax"! . (661)831-5269 Fax '; .~.' :(661) 324-6960Fáx ~-'-.._:+ .=-- ----=----::-. ""<... - --~-- .__.0.....-._--, California Business Search . . ~~~ t::;:"otf-' ':¡1~((.1..;,' ",; v ···'1jF IS;"f¡...." '1r.... ~(~~.;'~~"'t" Ë-;:-:", .-,)f ¡t'....,' .~¿'&.:-J'- :".i!~l1..l ,;J, ,,~1lŒQIJk; .Ie <:,.J.,.. ...~ .'1.1 ,It .3, K;IL .;.'::;/ DISCLAIMER: The information displayed here is current as of FEB 27, 2004 and is updated weekly. It is not a complete or certified record of the Corporation. I Corporation WHITEW ATER CAR WASH & LUBE, INC. Number: C2250869 Date Filed: 6/3012000 IIStatus: active· Jurisdiction: California I Mailing Address 13529 BRIAN WAY BAKERSFIELD, CA 93308 I Agent for Service of Process IRA YMOND ROSELLE 13529 BRIAN WAY BAKERSFIELD, CA 93308 For information about certification of corporate records or for additional corporate information, please refer to Corporate Records. If you are unable to locate a corporate record, you may submit a request to this office for a more extensive search. Fees and instructions for requesting this search are included on the Corporate Records Order Form. Blank fields indicate the information is not contained in the computer file. If the status ofthe corporation is "Surrender", the agent for service of process is automatically revoked. Please refer to California Corporations Code Section 2114 for information relating to service upon corporations that have surrendered. http://kepler.ss.ca.govlcorpdata/Show AllList?QueryCorpN umber=C2250869&printer=yes Page 1 of 1 3/1/2004 r OCCUPANCY DISTRICT CITY OF BAKE.RSFIELD,. FlftE DEPARTMENT . . .. FIRE ORDINANCE VIOLATION ,1'1378 FD 1916 (Revised 8,1.5,86)_ -- TO: TITLE - I DATE (/ ?- a4- -.l Ú1.; I 0 5lCL>-<.. V\A6-IL W'~ reWA:'i1Xt.. c..AR... ZIP CODE BUSINESS PHONE ~H HOME PHONE ADDRESS: [10$ ~ ST ,øJE M - ----- --"---- ----->-_.- --~ ------:--T -----~- ------" CORRECT ALL VIOLATIONS CHECKED BELOW LOCATION OF VIOLATION <;~ .. Violation No. REQUIREMENTS Combustible waste / 'drv veoetation 1 Remove and safely dispose of all hazardous refuse and dry vegetation on the above premises (U. F, C.) ''"''. ' "I " I Combustible Storage l~'-'" 2 Provide noncombustible containers with tight fitting lids for the 'storage of combustible waste and rubbish pending its safe disposal. (UJ.C.I - - -~:.;:- - 3 Relocate combustible storage to provide at least 3 feet clearance ~round motor fuse box/fire door c. (NH.) (u.F.C.) Extinguishers 4 Relocate fire extinguishe~ s) so that they will be in a conspicious location, hanging on brackets with the top to the extinguisher not more than 5 feet above the floor. (N. F. P. A. ,# ill) . '. . , " , 5 Provide and install. to be immediatelv accessible for use in - approved (type & size) portable fire extinguish~'r~ (area),' (¡Ù:, C;[ ~ :".)..' ". ~ ' "-; , j 6 Recharge all fire extinguishers. Fire extinguishers shall be serviced at lease once each year, and/or after each use, by a person having a valid licen~e or certific~te. (U.F. C.) " Signs :.; 7 Provide and maintain "EXIT" sign(s) with letters 5 or more inches in height over each required exit (door/window) to fire escape. (U.F.G.) 8 Provide and maintain appropriate numbers on a contrasting backg~ and ,visible from the street to indicate the correct address of the building. (B. M. C.)' (U. F. C.) Fire doors/fire Separations 9 Repàir all (cracks/holes/openings) in plaster in (location). Plastering shall return the surface to its original fire resistive condition, (U. B. C,) Exits 10 (Remove-Repairl (item & location). Self-closing doors shall be designed to close by gravity, or by the action of a merchanical device or bv an aooroved smoke and heat sensitive device, Seff- closing doors shall have no attachments caaable of oreventina the oaeration of the closina device, to. E C.I 11 Remove all obstruction from hallways, _Maintain all means of egress free of any storage. (U.F.C,) ~ Storage 1 2 Provide a contrasting colored and permanently installed electric light over or near required exit (location) to clearlv indicate it as an exit I U. F. C.) 1 3 Remove all storage and/or other obstructions from (fire escape landings and stairways stair shafts). .( Fire escapes/stair shafts are to be maintained free from obstructions at all times.) (u. FC.) ~, Electrical Appliances 1 4 Extension cords shall not be used in lieu of permanent approved wiring. Install additional approved electrical outlets where needed, (N. E. C,) (UJ, C,) 15 Remove muli-tÍple attachment conls from specified electrical convenience outlet (one plug per outlet). (N.E.C,) (U.F.C.) """ REQUIREMENT . SEc--n~ '&Oð ( . ç' , "Z- St..W.é.. JJO-r;5.6 '¡)~~ ;0 -n..¡e S::¡t2~ Other 16 Ù,v.AA.M hat CòO~ wJc<:·~:rE P~~lEuM. ?7éJi,7 . , " .~'" ' ',;,. ?U:-As.t ~y ~CWc €f t".l.C--AJ\J -uP í1.U5 ÒfLY wA:-TC.--R- WIð.'S. r'C . " " /. ~' nn , ON ( / \ 04- ~/1Iy'¡ Alli"lNSPECTION WILL BE_MADE, IF NO COMPLIANCE, '/" COURT ACTION MAY BE' INITIATED. - l~J:s0)t::: of violation: h ,.- Signature... \ \ " . , - AFTER VIOLATIONS ARE CORRECTED, RETURN THIS NOTICE BY MAIL OR IN PERSON, TO: , . BY ORDER OF THE FIRE CHIEF v Date Completed: By l~'^-'eS INSPECTOR INSPECTOR - Fire Station #7 4030 Soranno,Drlve Bakersfield, CA 93309 Phone: 398-0295 LEGEND: U,F,C. U.B.C. B.M,C. N. F, P.A. N,E.C. Uniform Fire Code - Uniform 8uilding Code Bakersfield M,unicipal Code - National Fire 'Protection Association National Electric Code t , --'-4... '"