Highland View apartments depicted on Jan. 28 NBC7 story

National City on Monday declared a state of emergency following rains so severe, water and mud surged into apartments on Highland Ave., forcing tenants into hotels.

It began with a storm on January 22 that dropped more rain in a single day than an average wet month. "Some were calling it a storm event that could not possibly reoccur in a thousand years," said city manager Ben Martinez.

Two days later, after major flooding of the apartments at 31-131 N. Highland Ave., city inspectors deemed the gated building uninhabitable, issuing the owner an order to vacate and repair or demolish it. 

From there what happened was unclear, with tenants saying they were evicted by the landlord and the owner pointing to the city. By then, tenants had moved into hotels, where they face an uncertain future.

"There seems to be confusion that Highland View apartments are forcing people from the Building. This is not accurate," reads a letter to the city from the owner's attorney.

But clearly, the tenants couldn't stay. The city's notice called the violations so extensive their immediate health and safety "is substantially endangered." Residents were to be immediately relocated — "and you are required to pay relocation benefits."

The attorney argued that health and safety code states that the owner isn't liable for the benefits if the local enforcement agency declares a building unsafe due to a hazardous event, as with flooding. The city, at its discretion, "may decide to issue such relocation benefits to tenants directly."

However, the owner has agreed to work with the city and tenants to pay relocation costs, which they say will be over $100,000. They have also been providing hotel rooms for tenants since January 22, for approximately $30,000.

Real estate websites show the apartment was built in 1991 and last sold for $12,150,000 in August 2022.

According to Risk Factor, a hazards assessment tool, National City is considered to have a minor risk of flooding over the next 30 years, which means it will "likely impact day-to-day life." There are 599 out of 7,456 homes at risk.

Last week, Governor Gavin Newsom proclaimed a state of emergency in San Diego County due to the historic rainfall. Martinez said the city made the decision to declare a local emergency within days of the storms. "Now we are here to ratify it."

The resolution will enable the city to apply for county, state and federal funds to assist tenants and landlords. 

Residents had only thirty seconds to speak at the special meeting, but Mayor Ron Morrison said they could bring up any issues related to the rainstorms at next Tuesday's council meeting, which will be entirely focused on the emergency.

That will include Councilmember Jose Rodriguez's suggestions to discuss an eviction moratorium and stopping rent increases. "Many residents are facing evictions. Some have rent increases coming up in February at a time they've lost everything."

Another storm is expected on Thursday. Officials say they are planning for the worst case scenario.