San Bernardino, CA — The San Bernardino City Council unanimously upheld the closure of the Sunshine Motel after city inspectors described extensive unpermitted electrical work, missing smoke alarms and blocked emergency exits, rejecting the motel’s argument that the inspection arose from an unconstitutional use of code enforcement during a police search.

The council adopted Resolution No. 2026-095 on July 15, denying appeals of the red-tag closure notice and correction notice issued April 29 for the motel at 570 N. H St.

Denise Hansen, an attorney presenting the city’s case, said the criminal search warrant expressly allowed code enforcement personnel to accompany police officers and enforce any municipal-code violations they found.

“The search warrant provides the authority for code and building to be present at the property and conduct their inspections,” Hansen said.

Building inspector Elias Rebollar testified that he reviewed the city’s permit database before entering the motel with police.

He said inspectors found no recent construction or electrical permits except one issued in 2002 for replacement of one light fixture and one sheet of drywall.

“During the inspection, I observed numerous building, electrical and life-safety concerns that were readily visible without any destructive investigation,” Rebollar said.

Those conditions included extensive electrical alterations, an unpermitted office area, secured emergency-escape windows, an obstructed exit door and missing smoke alarms, he said.

“The property was determined to constitute an unsafe condition requiring immediate enforcement action,” Rebollar said.

The closure restricts occupancy until the necessary corrections, permits, inspections and approvals are obtained.

Rebollar also described photographs showing surface-mounted conduit, exterior junction boxes and vending machines positioned in front of a window serving management sleeping quarters.

He said the window appeared to have an inoperable latch and could not serve as a compliant emergency escape.

Building official Jeremias Arellano told the council that unpermitted construction can create significant hazards, particularly when electrical work has not been reviewed or inspected.

“Unpermitted or illegal construction can pose a serious danger to the public, and that danger is most prevalent in illegal electrical work because of the potential for fire,” Arellano said.

He said the work added demand to an older electrical panel, potentially overloading it. Excessive wiring within metal conduit could generate heat and cause a fire, he added.

“Compounding the electrical fire hazard, smoke detectors were removed in a large number of the rooms and emergency exit doors and windows were rendered inoperable,” Arellano said.

He also testified that an office addition had been built without permits, leaving officials unable to verify its materials, structural connections or seismic safety.

“In closing, the Building and Safety Division recommends the upholding of the red tag and correction notice to ensure the safety of motel employees, guests and the general public,” Arellano said.

Attorney Frank Weiser, representing the motel operator and property owners, did not primarily dispute that inspectors identified code deficiencies.

Instead, he challenged the legality of bringing building and code inspectors into the property under a criminal warrant.

“The Constitution still applies, and the city has its obligations under the Constitution,” Weiser said.

Weiser cited earlier federal cases involving San Bernardino and argued code enforcement had been used for purposes beyond its lawful regulatory function.

He emphasized that he was not defending human trafficking or prostitution.

“I’m not here to defend that,” Weiser said. “It’s not the trafficking issue. I’m not defending that.”

His argument, he said, was that the warrant did not identify specific suspected building violations and that the city should have used the administrative-inspection warrant process, which generally provides notice and an opportunity to challenge an inspection.

“My contention is this warrant is facially invalid even when a state court judge signs it,” Weiser said, adding that he was preserving the issue for possible court review.

Motel operator Jamie Bird testified that his company took over the property in December 2023 and had not been notified of electrical or safety violations before the red tag.

“We were never cited for anything,” Bird said.

Asked whether anyone from the city had previously described the motel as dangerous, Bird answered, “No.”

He also said the property owners wanted to make the required corrections.

The hearing became contentious when Councilmember Treasure Ortiz questioned why the proceeding focused on electrical and construction violations while the underlying police investigation involved allegations of prostitution and human trafficking.

“You’ve got a hotel that’s running as a, quote-unquote, brothel and a prostitution ring, and you’re talking to us about electrical issues like it’s an ADU,” Ortiz said. “It isn’t, for me, an electrical issue. It’s a human trafficking issue.”

City officials explained that the council’s legal role in the hearing was limited to deciding whether building officials reasonably red-tagged the property.

A separate proceeding concerned revocation of the motel operator’s permit and the alleged criminal activity.

Councilmember Sandra Ibarra later asked why the building had been red-tagged.

Arellano said criminal activity and unpermitted construction frequently occur together, but his department’s authority extended only to building safety.

“The building code does not give myself or my staff the authority to address criminal activity,” he said.

Councilmember Juan Figueroa questioned Weiser about his claim that the inspection was pretextual.

Weiser responded that the warrant lacked specificity concerning potential code violations.

“They merely stated that, quote-unquote, a brothel, which is criminal activity, was normally associated with code violations, but nothing with specificity in a warrant,” Weiser said. “I don’t make the law.”

Ortiz ultimately moved to deny the appeal.

All seven council members voted in favor. Figueroa cast “an emphatic yes,” while Ortiz voted “unequivocally, yes.”

The unanimous decision leaves the red tag in effect while the property owners pursue permits and corrections and while the city’s separate motel-permit proceeding continues.