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HomeMy WebLinkAboutAgenda Report - February 19, 1992 (60)CW 4 CITY OF L,ODI COUNCIL COMMUNICATION AGENDC TITLE: Notice of Public Nuisance and Abatement Order Dated February 7, 1992 Regarding Property Located at 303 East Elm Street MEETING DATE: February 19, 1992 PREPARED BY: City Clerk RECOMMENDED ACTION: That the City Council, by motion actior, set for public hearing on March 4, 1992, at the request of the Fire Marshal, regarding the Notice of Public Nuisance and Abatement Order, dated August 15, 1991 concerning the property at 303 East Elm Street. BACKGROUND INFORMATION: On February 7, 1992, the Fire Department issued a Notice of Public Nuisance and Abatement Order for a structure located at 303 East Elm Street, Lodi. During a conversation between the building owner and the Fire Marshal, the building owner stated that he did not intend to do any work to the building. The building is currently unsecured and has combustible waste material within the structure. Notice of Public Nuisance and Order to Abate have been sent to the legal owner and to Mr. Patrick Manly, who has a legal interest in the property and is attempting to regain legal title. FUNDING: None required. AAW I- R 61J City Clerk AMR/ j+.Rp r� APPRCVED Y! elk ik THOMAS A PETERSON rocrciao "W I, Cdy Manager J COUNC105/TXTA.02J/COUNCOM CC -1 Notice of Public �Iu1-ance and Abai.Nment Order Dar.ecl 1992 Regauding Property Located at 303 East Elm Street February 19, 1992 RECOMMENDED ACTION: That the City Council, by motion action. set for public hear-ing on March 4, 1992, at the request of the Fire Marshal, regarding the Notice of Public Nuisance and Abatement Order, dated August 15, 1991 concerning the property at 303 East Lockeford Street. BACKGROUND INFORMATION: On February 7, 1992, the Fire Department issued a Notice of Public Nuisance and Abatement Order for a structure located at 217 East Lockeford Street, Lodi. During a conversation between the building owner and the Fire Marshal, the building owner stated that he did not intend to do any work to the building. The building is currently unsecured and has combustible waste material within the structure. Notice of Public Nuisance and Order to Abate have been sent to the legal owner and to Mr. Patrick Manly, who has a legal interest in the property and is attempting to regain legal title. A copy of the subject Notice of Public Nuisance and Abatement Order is attached for your information. FUNDING: None required CITY OF LODI 221 UEST PINE STREET LCDI, CALIFORNIA 95240 ADVERTISING INSTRUCTIONS SUBJECT: NOTICE OF PUBLIC HEARING PUBLISH DATES: SATURDAY. FEBRUARY 22, 1992 TEAR SHEETS WANTED: THREE AFFIDAVIT AND BILL TO: DATED: FEBRUARY 20, 1992 ADVINS/TXTA.02J ALICE M. REIMCHE. CITY CLERK I " h, - 4, ORDERED BY: Alice M. Reimche City Clerk or TICE OF PUBLIC HEARING CITY 0 F L( D I 4� Date: Wednesday, March 4, 1992 r * CARNEGIE FORUM7:30 305 Rest Dine Street, 1.odi Time: Far inlarmat#on regarding this Public Hearing Please Contact: Alice M. Relmehe City Clerk Telephone. 333-6702 ATTENTION- PARTIES OF INTEREST Its TtiF. SLlB.IFCT #'RQpERTY N NOTICE OF PUBLIC HEARING March 4, 1992 NOTICE IS HEREBY GIVEN that on Wednesday, at the hour of 7:30 p.m., or as Soon thereafter as the matter may be heard, the City Council will conduct a public hearing to consider the following matter: Notice of Public Nuisance and Order to Abate dated February 7, 1992 addressed to Mr. Bradley B. and B. B. Burrell, 1724 Lakeshore Drive, Lodi, California 95242 regarding property located at 303 East Elm Street, Lodi (Assessor Parcel No. 043-088-0021) issued by Steven W. Raddiqan, Fire Marshal, City of Lodi Information regarding this item may be obtained in the office of the Community Development Director at 221 West Pine Street, Lodi, California. All Interested persons are invited to present their views and comments on this matter. Written statements may be filed with the City Clerk at ally time prior to the hearing scheduled herein, and oral statements may be made at said hearing. Ifyou challenge the subject matter in court, you may be Iimitedto raising only those issues you or someone else raised at the Public Hearing described in this notice or in written correspondence delivered to the City Clerk, 221 West Pine Street, at or prior to the Public Hearing. By Order Of the Lodi City Council: Alice M. Reimche City Clerk Dated: February 19, 1992 Approved as to form: Bobby W. McNatt City Attorney CITY OF LODI FIRE DEPARTMENT FIRE PREVENTION BUREAU 717 WEST ELM STREET LODI, CALIFORNIA 95240 (209} 33"7N NOTICE OF PUBLIC NUISANCE AND ORDER TO ABATE February 7, 1992 Mr. Bradle B. and B.B. Burrell. RE: 303 East Street Elm NOTICE OF PUBLIC NUISANCE Public records indicate that you are the current legal owner of the real and improved property in the City of Lodi. County of San Joaquin, State of California described as follows: Assessor Parcel No. 043-088-0021. Said property is more commonly known as 303 East Elm St. , Lodi. CA 95240. As the property owner, you are hereby notified that the undersigned Fire Marshal of the City of Lodi has inspected said property and declared it to be a PUBLIC NUISANCE as defined and prescribed for by Section 2.202(b) of the Fire Code of the City of Lodi. INSPECTIONS AND VIOLATIONS On February 3, 1992 the undersigned Fire Marshal caused said property to be inspected. The following violations were discovered: 1988 UNIFORM FIRE CODE Sec. 2.201. (b) All buildings or structures which are structurally unsafe or not provided with adequate egress, or which constitute a fire hazard or are otherwise dangerous to human life, or which in relation to existing use constitutes a hazard to safety or health or public welfare, by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard. disaster damage or abandonment as specified in this code or any other effective ordinance, are, for the purpose of this section, unsafe buildings. BURRELL.92 303 East Elm Street February 7, 1992 Page 2 1988 UNIFORM CODE FOR ABATDIENT OF DANGEBOUS BUILDINGS Sec, 302. Any building or structure which has any or a 11 of the conditions of defects hereinafter described shall be deemed to be a dangerous building, provided that such conditions or defects exists to the extent that the life, health. property, or safety of the public or its occupants are endangered. 12. Whenever the building or structure has been so damaged by fire. wind, earthquake or floods, or has become so dilapidared or deteriorated as to become (i) an attractive nuisance to children; (ii) a harbor for vagrants, criminals or immoral. persons; or as to (iii) enable persons to resort thereto for the purpose of committing unlawful or immoral acts. 16. Whenever any building or structure. because or obsolescence, dilapidated condition, deterioration, damage. inadequate exits, lack of sufficient fire— resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause, is determined by the fire marshal to be a fire hazard. VIOLATIONS: 1. There is an accumulation of rubbish, trash and other combustible material within the structure and about the premises. 2. The building is not secure creating an attractive nuisance to children and a harbor for vagrants. criminal or immoral persons. DETERMINATION As a result of the foregoing violations, the undersigned Fire Marshal has declared the property to be a PUBLIC NUISANCE and has therefore made the following determination: 1. That all combustible waste material shall be removed from the premises and from within the structure. 303 East Elm Street February 7, 1992 Page 3 TIME PERIOD FOR COMPLIANCE 1. All combustible waste material shall be removed and the structure shall be secured vithin five (5) days of receipt of this Notice. 2. That the structure be properly secured in an approved manner conforming to Lodi Fire Department Standard No. 701 pending repair or demolition within 10 days. ORDER TO ABATE Pursuant to Section 401(b) of the Uniform Code for Abatement of Dangerous Buildings. this Notice constitutes an ORDER to you. the ovner of the property in question, TO ABATE the substandard conditions listed herein in a manner and within the time determined above. This NOTICE OF PUBLIC NUISANCE and ORDER TO ABATE does not relieve you from the requirements of a previous NOTICE OF PUBLIC NUISANCE and ORDER TO ABATE dated September 25, 1991. APPEAL Property owners, or those with legal interest in the property who are served with this Notice may appeal the same to the City Council of the City of Lodi under Section 15.20.070 of the Lodi Municipal Code. The appeal which shall be in writing shall state the substance of the order appealed from, shall by submitted to the City Council in care of the City Clerk (221 West Pine Street, Lodi, CA 95240) within ten (10) days from the date of personal service or mailing if the order which is being appealed. FAILURE TO COMPLY Whenever an order to repair. vacate and repair. or demolish any building or structure. or any portion thereof. has not been complied with within the time set. whether under appeal or not. the City Council shall have the power, in addition to any other remedy herein provided. to: 1. Cause the material of any such building or structure to be sold in any manner that the Council may determine upon; provided, however, that any such sale shall be upon condition that the building or structure be forthwith demolished. the wreckage ind debris thereof removed and the lot cleaned. The Council may sell any such building singly or otherwise. Any surplus from the sale of any such building or structure, or group of buildings and structure, over and above the cost of demolition and of cleaning the 303 East Elm Street February 7, 1992 Page 4 site shall be retained to be distributed to the parties or persons lawfully entitled thereto. 2. Cause the building or structure to be repaired or demolished. The cost thereof shall be assessed against the property upon which the particular building or structure is located. The repair or demolition or any building or structure, or sale of the material thereof, shall be by a contract awarded following advertisement for bids, to the lowest and best bidder in the case of repair or demolition work and to the highest and best bidder in the case of the sale of material. Should you require additional information, pleasa contact this office. Steven W. Raddigan Fire Marshal C; City.Attorney Community Da,rel.opment Director Chief Building Inspector Code Enforcement Officer CITY OF LODI FIRE DEPARTMENT FIRE PREVENTION BUREAU 25' WEST ELM STREET LODI, CALIFORNIA95240 rem =473B NOTICE OF PUBLIC NUISANCE AND ORDER TO ABATE February 7, 1992 Patrickoom RE: 303 East Elm Street NOTICE OF PUBLIC NUISANCE Public records indicate that you have legal interest in the real and improved property in the City of Lodi, County of San Joaquin, Ctate of California described as follows: Assessor Parcel No. 043-088-0021. Said property is more commonly known as 303 East Elm St. , Lodi. CA 95240. A s the property owner. you are hereby notified that the undersigned Fire Marshal of the City of Lodi has inspected said property and declared it to be a PUBLIC NUISANCE as defined and prescribed for by Section 2.202(b) of the Fire Code of the CitY of Lodi. INSPECTIONS AND VIOLATIONS On February 3, 1992 the undersigned Fire Marshal caused said property to be inspected. The following violations were discovered: 1988 UNIFORM FIRE CODE Sec. 2.201. (b) A 1 1 buildings or structures which are structurally unsafe or not provided with adequate egress, or which constitute a fire hazard or are otherwise dangerous to human life, or which in relation to existing use constitutes a hazard to safety or health or public welfare, by reason of inadequate maincenance. dilapidation, obsolescence. fire hazard, disaster damage or abandonment as specified in this code or any other effective ordinance, are. for the purpose of this section, unsafe buildings. 303EELH.92 303 East Elm Street February 7, 1992 Page 2 1988 UHIFORM CODE FOR ABATEMENT OF DANGEROUS BUILDINGS Sec, 302. Any building or structure which has any or all of the conditions of defects hereinafter described shall be deemed to be a dangerous building, provided that such conditions or defects exists to the extent that the life, health, property, or safety of the public or its occupants are endangered. 12. Whenever the wilding or structure has been so damaged by fire, wind, earthquake or floods. or has become so dilapidated or deteriorated as to become (i) an attractive nuisance 1�o children; (ii) a harbor for vagrants. criminals or immoral persons: or as to (iii) enable persons to resort thereto for the purpose of committing unlawful or immoral acts. 16. Whenever any building or structure, because or obsolescence. dilapidated condition, deterioration, damage. inadequate exits, lack of sufficient fire -resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause, is determined by the fire marshal to be a fire hazard. VIOLATIONS: 1. There is an accumulation of rubbish, trash and other combustible material within the structure and about the premises. 2. The building is not secure creating an attractive nuisance to children and a harbor for vagrants, criminal or immoral persons. DETERMINATION As a result of the foregoing violations, the undersigned Fire Marshal has declared the property to be a PURLIC NUISANCE and has therefore made the folloving determination: 1. That all combustible caste material shall be removed from the premises and from vithin the structure. 303 East Elm Street February 7, 1992 Page 3 AIME PERIOD FOR L'O`IPLIANCE 1. All combustihle waste material shall be removed and the structure shall be secured within five (5) days of receipt of this Notice. 2. That the structure be properly secured in an approved manner conforming to Lodi Fire Department Standard No. 701 pending repair or demolition within 10 days. ORDER TO ABATE Pursuant to .Section 401(b) of the Uniform Code for Abatement of Dangerous Buildings. this Notice constitute5 an ORDER to you, the owner of the property in question, TO ABATE the substanderd conditions listed herein in a manner and within the time determined above. This NOTICE OF PUBLIC NUISANCE and ORDER TO ABATE does not relieve you from the requirements of a previous NOTICE OF PUBLIC NUISANCE and ORDER TO ABATE dated September 25. 1991. T' Property owners. or those with legal interest in the prcperty who are served with this Notice may appeal the same to the City Council of the City of Lodi under Section 15.28.070 of the Lodi Municipal Code. The appeal which shall be in writing shall state the substance of the order appealed from, shall be submitted to the City Council in care of the City Clerk (221 West Pine Street, Lodi, CA 95240) within fen (10) days from the date of personal service or mailing if the order which is being appealed. FAILURE TO COMPLY Whenever an order to repair, vacate and repair, or demolish any building or structure. or any portion thereof, has not been complied with within the time set, whether under appeal or not, the City Council shall have the power, in addition to any other remedy herein provided, to: I. Cause the material of any such building or structure to be sold in any manner that the Council may determine upon; provided, however, that any such sale shall be upon condition that the building or structure be forthwith demolished, the wreckage and debris thereof removed and the lot cleaned. The Council may sell any such building singly or otherwise. Any surplus from the sale of any such building or structure, or group of buildings and structure, over and above the cost of demolition and of cleaning the 303 East Elm Street February 7, 1992 Page 4 site shall be retained to be distributed to the parties or persons lawfully entitled thereto. 2. Cause the building or structure to be repaired or demolished. The cost thereof shall be assessed against the property upon which the particular building or structure is located. The repair or demolition or any building or structure, or sale of the material thereof, shall be by a contract awarded following advertisement for bids, to the lowest and best bidder in the case of repair or demolition work and to the highest and best bidr.'er in the case of the sale of material. Should you require additional information, please contact this office. 41 Steven Wr Raddigan Fire Marshal c: Cf ty, Attorney Community Development Director Chief Building Inspector Code Enforcement Officer