Clairemont corner eyesore

The corner lot on Clairemont Drive and Balboa Avenue was covered in graffiti again on December 4. It wasn't the first time Stephanie Pfaff of Bay Park had seen the vacant buildings behind the chain-link fence vandalized.

"More than anything," said Pfaff, "I would like to know who the owner is and what the plans are for the property. It has been such an eyesore for so long."

A Shell gas station was located on the corner lot until 1998. Since that time, the building at 3091 Clairemont Drive has housed a smog shop, a yoga studio, a flower stand, and lingerie-clad baristas. Since the end of 2010, no businesses have made use of the property.

On December 11, I spoke to Bobby Emrani, a former tenant. Emrani operated the All Star Smog station for ten years until he says he was forced to leave in 2010.

"The owner of the property kicked all of the businesses off the lot at once because he said he wanted to build a restaurant," said Emrani.

On December 15, Michael Richmond, deputy director of the City of San Diego's Code Enforcement Division, elaborated on what happened in 2010.

"The city issued a civil penalty notice and order and subsequently took the matter to two civil penalty hearings due to non-compliance,” Richmond said. He provided a copy of the October administrative hearing decision and order representing the results of the second civil penalty hearing.

According to the city, Sharok Eslamian purchased the property from the Shell Oil Company in 1998. Since 1984, the property has had a permit to operate a gas station and a convenience store. According to a city administrative hearing document, Eslamian abandoned the permit by leasing to tenants not permitted to conduct business on the property.

In early 2010, the city received a complaint about the corner lot. In April, a civil penalty notice and order was issued to Eslamian. In May, Eslamian quit-claim deeded the property to his brother Shaw Eslamian.

On September 21, 2010, a hearing took place with both brothers present. Civil penalties of $36,000 were ordered. All business operations were also ordered to cease by December 10. In addition, two options were offered to Eslamian with the same deadline: the first was to obtain a demolition permit to remove all property structures; the second was to apply for a permit to operate a gas station and convenience store.

On October 26, 2015, a second administrative hearing was held to determine compliance of the 2010 order. According to Richmond, Eslamian failed to appear even though notice was properly served. In fact, Eslamian was granted a continuance for the original hearing scheduled in September.

It was shown at the hearing that Eslamian had not complied with the 2010 order. Furthermore, numerous citations had been issued due to graffiti, unpermitted signs, and trash. The city noted that even though Eslamian paints over the graffiti, the property is repeatedly vandalized.

On October 29, civil penalties of $110,000 were ordered. It was also ordered that permits be obtained within 30 days to remove all structures and any hazardous conditions related to the service station. The demolition was ordered to be completed within 60 days. If complied with, $35,000 in penalties will be forgiven and $76,000 would be due in 90 days. Administrative costs are also being sought in the amount of $2,528.12.

As of December 15, Eslamian has not applied for or obtained any permits to comply with the October order.

On December 15, I reached one of the brothers by phone (Sharok Eslamian). When asked what the plans were for the property, Eslamian replied, "I'll call you right back." As of publication, this reporter has not received a call back.