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Council upholds red‑tag at Sunshine Motel after contested hearing over electrical hazards and related criminal probe
Summary
After a full hearing that included building inspectors, county fire, motel operators and defense counsel, the San Bernardino City Council denied an appeal and affirmed a red‑tag closure and correction notice for the Sunshine Motel at 570 N H Street, citing unpermitted electrical work, missing smoke alarms and blocked egress.
The San Bernardino City Council on July 15 unanimously denied an appeal and affirmed a red‑tag closure for the Sunshine Motel at 570 North H Street, concluding that visible, unpermitted electrical work and widespread life‑safety deficiencies justified the closure.
City staff presented photographs and an inspection report from April 29, 2026, that building inspector Elias Rebollar said showed “extensive unpermitted electrical alterations,” missing smoke alarms in many rooms and obstructed emergency egress. Building official Jerry Arellano told the council the conditions created a substantial fire hazard and recommended upholding the closure and correction notice to protect guests and the public.
Appellants’ attorney Frank Weiser argued that the city’s presence at the motel followed a criminal search warrant executed as part of a police investigation alleging prostitution and related crimes, and he said the warrant lacked the specificity required to justify code‑enforcement searches. “We contend code enforcement was used in conjunction with police activity in a way that raises Fourth Amendment concerns,” Weiser said, citing Ninth Circuit case law.
Council members pressed staff for clarification about the separate processes. City staff said a criminal investigation and an administrative revocation of a motel operator’s permit are handled through different procedures, but that the search warrant — which expressly allowed enforcement officers to accompany officers executing the warrant — established the lawful presence of code officers and that the inspectors observed code violations in plain view. A San Bernardino County Fire Department representative confirmed recurring annual fire‑safety violations at the property and said some alarms were missing or inoperable when tested.
Operator and owner representatives told the council they had received prior annual fire inspections and had corrected items in past years, that the property’s current lessee took over in December 2023 and denied prior notice of hazardous conditions. They said a permit application for the unpermitted office addition has since been submitted and was under review.
After questioning and closing remarks, Councilmember Ortiz moved to deny the appeal and affirm the Building & Safety Division’s orders. The motion passed unanimously; the clerk recorded the vote as 8‑0 and the council adopted Resolution No. 2026‑095 denying the appeal.
The council’s action leaves the red‑tag in place; the record shows the owner or operator may pursue required permits and repairs and return the property to occupancy only after the building and safety division verifies corrective work, inspections and approvals.
