Good News!
The City is asking SealFit to cease operating fitness training on the streets for now. The City is in the process of deciding on issuing SealFit a Major Use Permit and they are continuing to receive complaints, such as the one below. The following is an email sent to Mark Divine, owner of SealFit, from Mario Morales (Code Enforcement Officer for the City).
Hello Mark,
I hope you are doing well. Thank you for taking the time to speak with me this week. Per my site visit on Tuesday, we are still receiving complaints regarding the use of your business. At this time we are asking you to cease operating fitness training on city streets such as the picture noted below. You are currently utilizing city streets and alleyways for training purposes. If we continue to receive complaints we have no choice but to begin to issue cites for blocking public right of way. Encinitas Municipal Code Section 15.08.040 states, it shall be unlawful for any person to block, impede or obstruct or to otherwise prevent, delay, hinder or interfere with the free passage of persons on a City street. If you continue to block, impede, hinder, delay, free passage of residents or pedestrians you will be cited per city code. We are asking you to cease your training on city streets. Please keep in mind that you are in the process of obtaining a Major Use Permit and violations may be considered for the issuance of your permits. If you should have any questions, please feel free to contact me at your convenience. Please note: Due to the volume of complaints received Code Enforcement will conduct random inspections of your business during the regular hours of operations. If violations are witness during this time, citations will be issued. We look forward working with you and thank you for your cooperation to this important matter.
Best Regards,
Mario
Encinitas Municipal Code Section 15.08.040 Obstructing Use or Access.Unless the conduct is pursuant to issued permit or other lawful authority, it shall be unlawful for any person to block, impede or obstruct or to otherwise prevent, delay, hinder or interfere with the free passage of persons on a City street.
"The noise from them dropping these bar bells was deafening. This was heard at 6:00 pm while I was trying to enjoy my evening dinner half a block away. (It was also heard from the meditation patio at the SRF church.) Cars are trying to come down the alley. See the van approaching in the picture. They are obstructing traffic.
Same noise heard at 6am -- the slamming of weights. SealFit needs to be in a different location. Encinitas is partly residential and too small for their needs, as this photo suggests."
Make sure that this is strictly enforced, otherwise it means nothing.
ReplyDeleteI can't imagine why they were not already cited? What's wrong with this city/ Who is Mario?
ReplyDeleteThis is 4:34. Never mind about who is Mario. If I had read it a little more slowly I would have known. Another "nice guy" form Code Enforcement. How nice that he said he was thanking the owner for meeting with him. Good grief. It should be the other way around. Citizens come last, no matter how much noise these people make. Mario should have issued him a ticket, as the City admitted there have been a lot of violations already.
DeleteMario is the part time code enforcer who has been turned down from every County and City police force for a position as an officer.
ReplyDeleteNow we got him.
Awhile back it was cool to see small groups of people working out, especially given our obese society. But like the bars exploiting downtown, it got to be bigger and louder, bullhorns included. Step up and start working council members, you are just wasting citizens money and letting our downtown go to ruin.
ReplyDeleteThe one next to the Leucadia post office isn't much better, although lately they're not running wind sprints in the post office parking lot.
ReplyDeleteIf working hard to find stuff to be bitter about counted as a workout, then this blog would host the finest athletes the world has ever known.
ReplyDeleteThen you must be one of those finest athletes. You just won a gold medal.
DeleteBusinesses that show respect for their neighbors can earn ours in kind. For those others well.....We get those who show no respect and end up being justly targeted for their abuses. I remember when the outfit next to the Leucadia Post Office was using the whole parking lot for their exercises and blocking people trying to drive in and out of there. I haven't seen that in a while so I assume someone made it clear that they were headed for trouble if they continued. Maybe they still do and I am just not there when it happens. At least there were no bullhorns!
ReplyDeleteSealfit went way beyond any sense of acceptability and now look at how the public views them. Their inability to realize the impact they were having on their immediate neighborhood suggests a roid based blindness somewhere.
I hope they clean their act up and become good neighbors so Code doesn't have to return on a regular basis but in the meantime I hope Code is all over them.
Mr. Devine will have no trouble slicing and dicing the city to pieces on this one.
ReplyDeleteA- the impeding traffic claim... the city will have to offer up names, times, dates and places that traffic is impeded. So that will be thrown out of court.
B- the forth amendment of the constitution protects against unreasonable search and seizure. Mr. Devine simply asks the code Enforcement officer for his search warrant. Case over, claim over.
Does the COE really want to go against a small business over over some jack booted neighbors and their idiot complaints?? I guess they do.....
PS- every day deliver trucks are blocking streets and highway in this city, the COE never raises a finger....
Mr.Devine, Marco Gonzalez is 3 blocks away form your business, go and talk to him
Marco talking to himself again.
DeleteDefinitely not Marco. Marco has a clue about legal matters.
DeleteYou think a search warrant is needed to observe things happening on public streets? That is a novel legal theory.
Also, if the business owner ignores the worming and keeps blocking the street, it would be very eAsy to document who, when, where the violations are happening.
Personally, I'd let it go, and I agree that the neighbors are just cranky a-holes with nothing better to do, but your legal theories are laughable.
Warning
DeleteMr.Devine, you should video record any and all contacts you have with the sheriffs dept and code enforcement. For your personal safety.
ReplyDeleteChocolate or Silver
ReplyDeleteThis is just great and proves how well our education system works. Are you ready to vote in 2016?
Sometimes the best way to show how ignorant and dumbed down the general American population is, is to offer them a choice in order to test whether or not they know what’s going on around them (it’s called “reality contact”), or how aware they are of their own voluntary servitude. This is an apt little scenario on which to rest your case.
Media analyst Mark Dice offers random people their choice of a Hershey chocolate bar or a 10 oz silver bar (Worth $150) in an experiment. And remember, these are the people who are going to be voting next year.
https://www.youtube.com/embed/bYhTFz_SGw0
Another great well to tell how stupid people are is to determine if they are smart enough to think and write for themselves, or if they just copy and paste someone else's words and thoughts.
Deletehttp://www.linestretchers.com/index.php?PHPSESSID=7rg9479dol88ooa0ihhdjh34f6&topic=978.0
http://www.onepoliticalplaza.com/t-48262-1.html