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HomeMy WebLinkAboutAgenda Report - March 4, 1992 (56)AGENDA TITLE: Notice of Public Nuisance and Order t o Abate 303 East Elm Street MEETING DATE: March 4, 1992 PREPARED BY: Fire Chief RECOMMENDED ACTION: That the City Council hear all evidence pertaining to this matter and make a determination as to urgent nature of the order and to authorize the Fire Marshal to immediately secure the building. BACKGROUND INFORMATION: On February 3, 1992, the Fire hl a r s h a l inspected the building at 303 East Elm Strut. As a result of this inspection, a determination was made by the Fire Marshal that the building was vacant and unsecured in violation of the Uniform Fire Code and the Uniform Code for Abatement of Dangerous Buildings. On February 5, 1992, the Fire Marshal contacted Mr. Bradley Burrell and Mr. Patrick Manly by telephone. Ilr. Burrell stated that the property was being foreclosed on by Mr. Manly and that he was not going to spend any more money on the property. Mr: Manly stated that until title is returned to him, he was not responsible for the property. During the conversation, it became apparent that no foreclosure pr,)ceedings had been initiated. On February 7, 1992. the Fire Marshal issued a Notice of Public Nuisance and Order to Abate to hlr. Burrell, the owner of the property. and to Mr. Manly, who has an interest in the property. The building is currently unsecured and an attractive nuisance. Individuals have began marking the building using gang graffiti, "XIV". Some of these marking have been applied to the windows of the second story by individuals who had gained access to the interior of the building. The building is located i n one of the high crime areas and is directly across from Hale Park. APPROVED: THOMAS A. PETERSON CC -1 Order to Abate - 303 East Elm Street ,larch 4, 1992 Page 2 The Fire Flarshal feels that this building and adjoining properties are at risk as a result of current condition of the building. Due to the fact that the legal owner has refused to secure the building. and the danger that the current conditions present, the Fire Marshal is requesting authorization from the City Council to have the building secured and the cost placed as a lien against the property. FUNDING: $1,800 Larry Hughes Fire Chief LH/lh Prepared By Steven Raddigan, Fire Marshal COUN303 CITY OF LODI FIRE DEPARTMENT FIRE PREVENTION BUREAU 217 WEST ELM STREET LOCK, CALIFORNIA V5240 II" 333$739 NOTICE OF PUBLIC NUISANCE AND ORDER TO ABATE February 7, 1992 Mr. Bradley B. and B.B. Burrell 1724 Lakeshore Drive Lodi. CA 95242 RE: 303 East Elm Street 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) 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 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 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 building 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 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. DETERHINATION 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 •gin COMPLIANCE 1, All combustible 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(5) of the Uniform Code for Abatement of Dangerous Buildings, this Notice constitutes an ORDER to you. the owner 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 15.28.070 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 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 and debris thereof removed and the lot cleaned. The Council may sell any such building singly or othervise. 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 lavfully entitled thereto. 2. Cause the building or structure to be repaired or demolished. The cost thereof shall be assessed against the property upon vhich 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 folloving advertisement for bids. to the lowest and best bidder in the case of repair or demolition vork and to the highest and best bidder in the case of the sale of material. Should you require additional information, please contact this office. Steven W. Raddigan Fire Marshal c: City.Attorney Community Development Director Chief Building Inspector Code Enforcement Officer CITY OF LODI FIRE DEPARTMENT FIRE PREVENTION BUREAU 217 WEST ELM STREET LOIX, CALIFORNIA 95M RM 33"?30 NOTICE OF PUBLIC NUISANCE AND ORDER TO ABATE February 7. 1992 Nr. Patrick Manly 1017 N. Lincoln Ave. Lodi. CA 95240 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. 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) A 1 1 taildings 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. 303 East Elm Street February 7, 1992 Page 2 1988 UNIFORM CODE FOR ABATEMENT OF DANGEROUS BUILDINGS Sac, 302. Any building or structure which has any or all of the conditions of defects hereinafter described shall be deemed Lo 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 dilapidated 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 vithin 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 vaste 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 vithin 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 owner 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. "W" WD W" 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 15.28.070 of the Lodi Municipal Code. The appeal vhich shall be in vriting 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 95200) vithin ten (10) days from the date of personal service or mailing if the order vhich 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, vhether 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 forthvith demolished, the wreckage and debris thereof removed and the lot cleaned. The Council may sell any such building singly or othervise. 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 i n the case of the sale of material. Should you require additional information. please contact this office. _r Steven W. Raddigan Fire Marshal c: City. Attorney Community Development Director Chief Building Inspector Code Enforcement Officer