HomeMy WebLinkAboutAgenda Report - May 20, 1992 (75)v`
CITY OF LODI COUNCIL COM UNICATION
AGENDA TITLE: Communications (April 29, 1992 through May 11, 1992)
MEETING DATE: May 20, 1992
PREPARED BY: City Clerk
RECOMMENDED ACTION:
AGENDA ITEM RECOMMENDATION
That the City Council set for public hearin at the June
17, 1992 meeting of the appeal of Joe (Mark) Newfield of
the Notice of Public Nuisance and Order to Abate issued
by James H. Siemers, Code Enforcement Officer, on April
2, 1992 regarding property at 4 West Sierra Vista Place.
Lodi.
BACKGROUND INFORMATION: The following Communication was received between the
dates of April 29, 1992 and May 11, 1992.
From Joe (Mark) Newfield. P.O. Box 0, Woodbridge,
appea-lina the Notice of Public Nuisance and Order to
Abate property located at 4 West Sierra Dista Place. Lodi
(Assessor Parcel No. 045-250-21) issued by Code
Enforcement Officer James A Siemers on April 2, 1992.
It is recommended that this matter be set for public hearing at the regular Council
meeting of June 17, 1992.
FUNDING: None required.
Alice M. Reimche
City Clerk
AMRIJmp
APPROVED A
THOMASA PETERSON ,��
City Manager J
C0UHCOM8/TXTA.02J/C0UNC0M cc-,
s, E CEI
t =,,.,.
April 30, 1902
-TY P;;7 f(.
lodi city OMMil
221 W. Pine street
Lodi, Ca. 95240
Dear ox=i.l Members,
Cn April 2,1992 I was mi.led an Abatement Order on a building that I own at
4 Sierra Vista Place. The building was partially damaged by fire last srzmer
and since then has been repaired.
I had Mike Smith inspect the building and he agree3 with me that ' thisbuiid-
i n g did NUr need demolition.
This is a s eCal, building that requires no city utilities., It i s also
oaeptet]y p ced at a 11 times as I only store personal items
wtt�ch require m"imal attention.
Please accept my appeal and Lift this demolition order as it could prove quite
costly for me to further appeal, or worse yet, demolish a useful building.
i I
Sincerely,
Newfield
15 Apr 1902
Marr; Newfield
P.O. Box 0
Woodbrid e, CA 952SB
Deer Mark-.
H ving inspedted Your fire MaW storage buiWN on South Sa wavtoStreet here t
town. !
have concluded that this su-tx ure can be salvaged. if you were to Neve your oorttractor
face
the more severely dmti W members, and fnstell aWitfonal stt& and rafters next tot
that
are not cowletely burned. this strWure could be as structurally wind as ft was tief
the
fire. This r%*Ir work mould mi rmire a very large arnowt of time or money to
plash.
If you require any adchtiowl: sarvion or would like to dfscuss this subject further, f ! ree to
&ap in or call.
sir,oei-ely:
Micheel W. Smith
R.C.E. W 44590
Mlt.E SMITH EM NEERlNG
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EXP- 31.93 �
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CITY COUNCIL
JAMES W. NNKERTON, Mayan
PHILLIP A PENNINO
Mayor Pro TeMPOM
DAVID M HINCHMAN
JACK A. SIEGLOCK
IOHN R. (RaMY) SNIDER
April 2, 1992
Mark Newfield
PO Box Q
Woodbridge, CA 95258
CITY OF LODI
CITY HALL, 221 I&IST PINE STREET
P.O. BOX 3006
EODI, CAUFORMIA 952414910
(209) 334-5634
M u0% 333.6nS
CERTIFIED MAIL
NOTICE OF PUBLIC NUISANCE
AND
ORDER M ABATE
NOTICE OF PUBLIC NUISANCE
THMMSS A. PETERSON
City Manager
ALICE M. REIMCHE
City Cler!<
BOB McNIATT
CeW Amney
Public records indicate that you are the current legal Owner of ';he real and
improved property in the City of Lodi. County of San Joaquin, State of
California described as follows: Assessor Parcel No. 045-250-21. Said
property is more commonly known as 4 W Sierra Vista Place.
As the property owner, you are hereby notified that the undersigded Building
Official of the City of Lodi has inspected said property and declared it to
be a PUBLIC NUISANCE as defined and prescribed for by Section 202 et seq of
the Unsafe Building Abatement Code of the City of Lodi .
INSPECTIONS AND VIOLATIONS
On January 3, 1992, the Building Official caused said property to be
inspected. The following violations were discovered:
1. finding: Building has been damaged by fire.
This existing condition is in direct violation of Section 302,
paragraph 4. of the Unsafe Building Abatement Code of the City of Lodi
which reads:
Newfield (92-0002)
April 2. 1992
page 2
Dangerous Building
Sec.302. For the purpose of this code, any building or structure which
has any or all of the conditions or defects hereinafter described shall
be deemed to be a dangerous building, provided that such conditions or
defects exist to the extent that the life, health, property or safety
of the public or its occupants are endangered:
4. Whenever any portion thereof has been damaged by fire,
earthquake, wind, flood or by any other cause, to such an extent that
the structural strength or stability thereof is materially :es$ than it
was before such catastrophe and is less than the minimum requirements
of the Building Code for new buildings of similar structure, purpose or
location.
DETERMINATION
As a result of the foregoing violations, the undersigned Building Official
has declared the property to be a PUBLIC NUISANCE and has therefore made the
following determination:
(a) The structure on the property in question shall be demolished and the
property cleared of rubbish and debris. Demolition work shall be subject to
the review of the Building Official in accordance with provisions set forth
in Section 4409 of the Building Code of the City of Lodi.
Appropriate demolition permits shall be obtained from the City of Lodi prior
to the commencement of any work required herein.
All demolition work required herein shall begin within 30 days of the date
of this Notice and shall be completed within 45 days of the date of this
Notice.
In all cases, the required work is subject to the inspection anA final
approval of the Building Official.
ORDER TO ABATE
Pursuant to Section 201 of the Unsafe Building Abatement Code of the City
of Lodi. 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 times determined above.
Newfield(92-0002)
April 2, 1992
page 3
APPEAL
Property owners, or those with legal interest in the property whb are served
with this Notice may appeal the same to the City Council of the City of Lodi
under Section 501 et seq of said Unsafe Building Abatement Code. The
appeal shall be i n writing and submitted to the City Council, i n care of the
City Clerk (221 Uest Pine Street, Lodi. CA 95240). within 30 days of the
date of this Notice.
F a i I u re o f any person t o f i l e an appeal i n accordance w i t h Section 501 o f
the Unsafe Building Abatement Code shall constitute a waiver of his right to
an administrative hearing and adjudication of the notice and order or any
portion thereof.
FAILURE TO OCKILY
In the event of your failure to comply with the requirements set forth
above, the following rray apply:
1. A citation shall be issued.
2. Any person violating the provisions of the building C6de,
mechanical code, plumbing code, electrical code, or housing code
i s guilty of a misdemeanor for each day such violation continues.
3. Any person convicted of a misdemeanor for violation of this code
is punishable by a fine of not more than one thousand dollars, or
by imprisonment not to ex-eeu six months, or by both such fine and
imprisonment for each violarion.
Should you require additional information, please contact this 'office.
t� J
S H. SIEMERS
Enforcement Officer
cc: Community Development Director
Chief Building Inspector
City Attorney
Fire Marshall
DECLARATION OF MAILING
On May 22, 1992 in the City of Lodi, San Joaquin County, Califirnia, I
deposited in the United States mail, envelopes with first-class postage
prepaid thereon, containing a copy of the Notice attached hereto, marked
Exhibit "A"; said envelopes were addressed as is more particularly shown
on Exhibit "B" attached hereto.
There is a regular daily communication by mail between the City bf Lodi,
California, and the places to which said envelopes were addressed.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on May 22. 1992, at Lodi, California.
Alice K Reimche
City Clerk
L4 ��L.1A_
ni er 1pc Perrin
D uty City Clerk
DEC/01
TXTA.FRM
CW CITY OF LODI
CARNEGIE FORUM
305 West Pine Street, Lodi
NO ,E OFIPUBLIC HEARING
Date: June 17, 1992
7:30 p.m.
For information regarding this Public Hearing
Please Contact:
Alice M Relmche
City Clerk
Teleptmm 333 -OM
NOTICE OF PUBLIC HEARING
June 17, 1992
NOTICEIS HEREBYGIVENthat on Wednesday, at the hourof 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:
a) Appeal received from Joe (Mark) Newfield regarding Notice of
Public Nuisance and Order to Abate property located a t 4 West
Sierra Vista Place, Lodi issued by James H Siemers, Code
Enforcement Officer, on April 2, 1992.
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 any time prior
to the hearing scheduled herein, and oral statements may be made at said
hsaring.
Ifyou challengethe subject matter in court, you may be limitedto raisingonly
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:
QC1"ce. (-f-t pl c c me
Alice M Relmche L��f -)Lip
City Clerk
Dated: May 20, 1992
Ap roved as o form:
Eobbv W. McNatt
city Attorney
APPEAL FROM NEWFIELD
MAILING LIST
EXHIBIT B
Joe (Mark) Newfield
4 West Sierra Vista Place
Lodi, CA 95240
James B. Schroeder
Community Development Director