HomeMy WebLinkAboutAgenda Report - November 20, 1991 (89)' os
CITY OF LORI-.
AGENDA TTILE'. Appeal of Brandi Burrell regarding Notice of Public Nuisance and
Order
to Vacate and Order to Abate dated September 25, 1991 for
property located at 303 East Bm Street, Lod issued by James H, -
Siemers, Code Enforcement Officer
MEETING DATE: November 20, 1993
PREPARED BY: Communi ty Development Dire-ctor
REC"ENDED ACTION: That the City Council conduct a public hearing to
consider the appeal of Brandi Burrell regarding Notice of
Public Nuisance and Order to Vacate and Order to Abate
dated September 25, 1991 for property located at 303 East Elm Street, Lodi issued by
James H. Siemers, Cod Enforcement Officer.
BACKGROUND INFORMATION: The Community Development Department does not understand
the purpose of the appeal. The structure at 300 East Elm
Street has been vacated and secured. The water and
electricity have been turned off and can not be reinstated until the buildin& is
brolit to compliance with the various codes (i.e. Building, Plumbing, Electrical
etc. .
Enclosed are copies of the (1) department's case calendar, (2) Notice of Violation
(3) Notice of Public Nuisance and Order to Abate and (4) Notice of Public Nuisance
and Order to Vacate and Order to Abate.
The department's case calendar lists the item to be repaired, corrected or installed
on Pages 1, 2 and 3. The structure can not be occupied until all items are
corrected.
FUNDING: Ncne required.
d►do
am c R Crhr Aar
(Cel unity Development Director
JBS/cg
A ttachments
APPROVED:
THOMAS A. PETERSON
City Manager
•*Cycled rover
CC -1
CCCD91.43/TXTD.0IC
PRINT DATE: 11/12/91 CITY OF LODI - CCNtll�RY DEVELOPMENT DEPARTMENT
PRINT TIME. 11:45:03 CODE O MPIMINU - BUILDING INSPECTION DIVISION
BUILDING ABATEMENT - 1988 UHC or 1988 UCADB
CAW CALENDAR - CASE # 91-0064
0ON41ANT DATE: 7/17/91
** k********irk********************************ir**•h****kYiir**k**9k*****t***3c*k***irtir*�t**********ir****
SITUS ADDRESS 303 E ELM ST AP #: 043 088 0021 BLDG: SUITE:
********************yt***************************ir*********irk*******•k****ic***********************
C1CN41ANTANE S I L V I A SAlVUHQ PHONE #: 333 7516 WORK # EXT
ADDRESS 303 E ELM ST #3 CITY/STATE: LODI, CA ZIP: 95240 0000
kir***eirtlr*****7k*fir**********vir**irlk*7k***** COMPLAINT DESCRIPTIOPJ***********************************
LACK OF HABIBILITY, 93NM PRODUCTS SPILLING ONTO GROUND, 110t1SW CODE VIOLATIONS
ASSICZNM TO: SHNIERS DATE: 7/17/91 VIOL CODE:
****************************************** PARCEL DATA ****************************************
OWNER 1: BURRELL, BRADLEY B & B B
OWNER 2:
ADDRESS 1724 T AIgNH RR DR
CITY/STATE: Lodi, CA ZIP: 95242
PHOKE #: 369-8174 EXT
**** LAND USE: 0034 ZONING: r-hd
******************************************
OCCUPANCY - COMM/RES: IS
OCCUPANT:
ADDRF�S :
CITY/STATE: Lodi, CA ZIP: 95240
OCCUP. PHONE #: EXT
GENERAL PLAN: r+D HaEs ?: N ****
INSPECTIONS ****************************************
Notice of intent to inspect sent by:
7/18/91 First Inspection made. Present were Jim Siemers, Silvia Sanchez, Interpreter
7/19/91 Second Inspection made. Present were Jim Siemers, Silvia Sanchez, Dm Hawkinson,
tenants of apartments 2 and 4
7/26/91 First Letter sent, by: JHS No. o f days to comply: 15
8/22/91 Second letter sent, by: JHS No. of days to comply: 30
9/25/91 Third Letter Sent, by: JHS No. of Days to comply: Vacate by Sept 28, 1991
9/23/91 Third Inspection made. Present were Jim Siemers Phil Schrock
9/30/91 Fourth Inspection: Building is vacant and posted not to be occupied.
PERMIT ISSLJID: PERMIT NUMBER: DATE PERMIT FINALED:
COMMENTS
Inspection of 7/19/91 - started inspection at 10:40 an
Exteriof of building:
1. Raw sewage on exterior of east side of building.
2. Electrical service panel modified without permits or inspections
3. Exterior electrical conduit and wiring done without permits or inspections.
4. Lighting not available at exit doors.
5. Second story deck and stairs at north end of building are deteriorated:
a. Stairs are sloping to north.
b. Deck is sloping to north.
C. 1`b hand rail on stairs.
d. Guard rail on stairs has openings in excess of code requirements.
e. Guard rail on deck has openings in excess of code requirements.
f. Guard rail on deck does not meet minimum height requirements.
Interior entry hall and stair way:
Page No. -1-
6. No hand rail.
7. Broken stairwell window.
8. Light in stairwell and entry not operable.
Apartment No. 3
Front room ( being used as bedroom) :
9. One electrical receptacle.
10. Use of extension cord wiring.
11. No operable smoke detector.
Living worn:
12. Broken Window.
13. Deteriorated walls (Broken lath and plaster).
14. Lack of adequate electrical receptacles; extensive use of extension cord wiring.
15. No operable means of heating dwell i ng u n i t .
Dining Rum
16. Deteriorated floor (Broken Flooring).
17. Broken window.
Kitchen
18. Broken window
19.' .Lack of counterspace electrical receptacles.
20. Deteriorated f looring .
21. No switched lighting.
22. No operable shut off valve at gas range.
23. lib operable shut off valve at water heater (Valve Frozen).
Bathroom:
24. No electrical receptacle. (GFCI requi red).
Apartment No. 4
Kitchen
25. No counter top appliance receptacles.
26. Fuse box above refrigerator not accessible.
27. No electrical receptacle.
28. Vanity sink deteriorated (pulling away from wall).
29. P -trap deteriorated; leaking.
Living areas:
30. No operable smoke detector.
31. lack of adequate electrical receptacles.
Page No. - 2 -
32. Extensive use of extension cord wiring.
33. lib heat.
Apartment No. 2:
34. lack of adequate electrical receptacles thru out. Extensive use of extension cord wiring.
35. Smoke detector not operable.
3 6. No Heat
Ri t hrnnm
37. Light switch to bathroom is recessed, has no cover, and requires the insertion of a finger
into the recess to switch light.
38. 1`b electrical receptacle in bathroom.
39. Use of PICC water lines in bathroom area.
Kitchen :
40. Kitchen sink trap deteriorated and leaking.
41. Gas shut off to kitchen stove frozen and not operable.
42. Fuse box above upper kitchen cabinets not accessable.
Dining room
43. Broken Wmcbw
44. Deteriorated flooring.
Not able to inspect Apartment 1`b 1; no one home.
July 26, 1991: Letter to Property owner stating the findings of the July 19, 1991 inspection and
requesting voluntary repair of the premises
August 22, 1991: Mailed Notice of violation and Order to Abate. (Property owner did not respond
to Notice of violation sent on July 26, 1991. This notice requires repair to begin within 10
days and be completed within 30 days. This notice also requires vacating of the building by
September 23, 1991. If repairs are made within the a l l oted time, the vacating will not be
required.
September 23, 1991: Inspection of premises indicates that the property owner has made no effort
to effect repairs. The building is still occupied.
September 25, 1991: Notice of Public nuisance and order to vacate and order to abate mailed.
Vacating to take place within 3 days.
September 30, 1991: Field inspection reflects that the building has been vacated. The building
is posted as unsafe and not to be occupied.
*********************************** CASE SUMMARY
Original complaint received on: 7/17/91 Matter resolved on:
Wak completed by:
CF910064/TXTD.02J/CE
Page No. -3-
CITY COUNCIL
DAVID M. HINCHMAN. Mayor
JAMES W. PINKERTON, Jr.
Mayor Pro Tempore
PHILLIP A. PENNINO
)ACK A. SIECLOCK
JOHN R. (Randy) SNIDER
July 26, 1991
CITY OF LODI
CITY HALL. 221 WEST PINE STREET
P.O. BOX 3006
LODI. CALIFORNIA 95241-7910
(209)334-5634
FAX (209) 333-6795
C�J11: 11211 u
BKADLEY B. AND B. B. BURRELL
1724 Lakeshore Drive
Lcdi, CA 95242
RE: Special Inspection (Case No. 91-0064)
303 E Bra Street.
►R" OMAVIINUF_VI-1-OUI
THOMAS A PETERSON
City Manager
ALICE M REIMCHE
City Clerk
BOB McNATT
City Attorney
A special inspection conducted on July 19, 1991, at the above noted
address, has revealed the following:
VELA'IIGM
Exterior of building:
1. Raw sewage on exterior of east side of building.
2. Electrical service panel modified without permits or inspections
3. Exterior electrical conduit and wiring done without permits or
inspections.
4. Lighting not available at exit doors.
5. Second story deck and stairs at north end of building are deteriorated:
a. Stairs are sloping to north.
b. Deck is sloping to north.
C. M hand rail on stairs.
d. Guard rail on stairs has openings in excess of code requirements.
e. Guard rail on deck has openings in excess of code requirements.
f. Guard rail on deck does not meet minimum height requirements.
interior entry hall and stair way:
6. M hand rail.
7. Broken stairwell window.
8. Light in stairwell and entry not operable.
Burrel l
July 26,1991
page 2
Apartment No. 3
Front room (being used as bedroom):
9. One electrical receptacle.
10. Use of extension cord wiring.
11. No operable smoke detector.
Living room:
12. Broken Wmdow.
13. Deteriorated walls (Broken lath and plaster).
14. Lack of adequate electrical receptacles; extensive use of extension
cord wiring.
15. No operable means of heating dwelling unit.
Dining Room
16. Deteriorated floor (Broken Flooring).
17. Broken window.
Kitchen
18. Broken window
19. Lack of counter space electrical receptacles.
20. Deteriorated flooring.
21. No switched lighting.
22. lib operable shut off valve at gas range.
23. No operable shut off valve at water heater (Valve Frozen).
Bathroom:
24. Nto electrical receptacle. (GFCI required).
Apartment No. 4
Kitchen
25. No counter top appliance receptacles.
26. Fuse box above refrigerator not accessible.
U
Burrel 1
July 26,1991
page 3
Bathroom
27. lib electrical receptacle.
28. Vanity sink deteriorated (pu 1 l.i ng away from wall).
29. P -trap deteriorated; leaking.
Living areas:
30. No operable smoke detector.
31. lack of adequate electrical receptacles.
32. Extensive use of extension cord wiring.
33. M heat.
Apartment No. 2:
34. lack of adequate electrical receptacles thru out. Extensive use of
extension cord wiring.
35. Smoke detector not operable.
36. No Heat
Bathroom
37. Light switch to bathroom is recessed, has no cover, and requires the
insertion of a finger into the recess to switch light.
38. No electrical receptacle in bathroom.
39. Use of PVC water lines i n bathroom area.
Kitchen:
40. Kitchen sink trap deteriorated and leaking.
41. Gas shut off to kitchen stove frozen and not operable.
42. Fuse box above upper kitchen cabinets not accessible.
Dining room:
43. Broken Window
44. Deterforated flooring.
Not able to inspect Apartment No 1; no one home, any similar repairs in
apartment no. 1 will be required.
Burrel 1
July 26,1991
page 4
DETERMI NATION
1. Lodi Municipal Code; Section 15.04.010. The provisions set forth
in the "Uniform Building Code, 1985 Edition," and set forth i n .
the "Uniform Building Code Standards, 1985 Edition," together
with Appendix Chapters 1, 7, 32, 35, 49, 51, 55, 57, and 70
thereto, are adopted as the building code of the city.
2. Lodi Municipal Code; Section 15.08.010. The provisions set forth
in the "Uniform Mechanical Code, 1985 Edition," together with the
appendices thereto, are adopted as the mechanical code of the
city.
3. Lodi Municipal Code; Section 15.12.020. The provisions set forth
in the "Uniform Plumbing Code, 1985 Edition," together with the
appendices thereto, are adopted as the plumbing code of the city.
4. Lodi Municipal Code; Section 15.16.010. The provisions set forth
in the "National Electrical Code, 1987 Edition," are adopted as
the electrical code of the city.
5. Lodi Municipal Code; Section 15.24.010. The provisions set forth
in the "Uniform Housing Code, 1985 Edition," together with
appendices thereto, are adopted as the housing code of the city.
6. Lodi Municipal Code; Section 15.28.010. The provisions set forth
in the "Uniform Code for the Abatement of Dangerous Buildings,
1985 Edition," are adopted as the unsafe building abatement code
of the city. The unsafe building abatement code of the city
applies in all matters pertaining tc dangerous buildings which
are in existence or which may be constructed it the city.
As a result of the foregoing violations, the following action is required:
1. The above noted structure has deteriorated to the extent of
noncompliance with existing building, plumbing, mechanical,
electrical and housing codes.
2. The structure shall be repaired to the extent that it meets the
standards required by the building, electrical, plumbing,
mechanical, and housing codes.
Surrel1
July 26,1991
page 5
Appropriate permits shat be obtained from the City of Lodi prior to the
commencement of any work required herein.
All required permits are to be obtained within 15 days of the date of this
notice, and the repair is to be completed within 45 days.
In all cases, the required vacating is subject to the inspection and fina?
approval of the Building Division, Cormunity Development Department, City
of Lodi.
FAILURE TO COMPLY
In the event of your failure to comply with the requirements set forth
above, the following may apply:
i. A citation may be issued.
2. Any person violating the provisions of the building code,
mechanical code, plumbing code, electrical code, or housing code
is 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 exceed six months, or by both such fine
and imprisonment for each violation.
Should you require additional information, please contact this office (209)
333-6711.
0 1ES H. SIEMERS
ode Enforcemmt Officer
r
cc: City Manager
City Attorney
Community Devel oo,,.ien t Director
Chief Building Inspector
Fire Marshall
Tenants; apartments i, 2, 3, and 4
CITY COUNCIL
DAVID M. HINCHMAN. Mayor
JAMES W. PINKERTON, Jr.
M a y o r Pro Tempore
PHILLIP A. PENNiNO
JACK A. SIEGLOCK
JOHN R. (Randy) SNIDER
August 22, 1991
Bradley B. And B. B.
1724 Lakeshore Drive
Lodi, CA 95242
CITY OFLODI
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODI. CALIFORNIA 95241-1910
(209) 334-5634
FAX (209) 333-6795
CERTIFIED MAIL
NOIn OF PUBLIC NUSANCE
AND
ORDER TO ABATE
Burre 1
N BM OF PUBLIC NUEANCE
THOMAS A. PETERSON
City Manager
ALICE M.REIMCHE
City Clerk
BOB McNATT
City Atiorney
Public records indicate that you are the current legal owner 01 the real and
improved property in the City of Lodi, County of San Joaquin, State of
California described as follows: Assessors Parcel No. 043-088-21. Said
property is more commonly known as 303 East Elm Street, Lodi, California.
A the property owner, you are hereby notified that the undersigned Building
Official of the City of Lodi has inspected said property and declared it to
be a PUBLIC NUSANCE as defined and prescribed for by Section 202 et seq of
the Housing Code of the City of Lodi and Section 202 et seq of the Unsafe
Building Abatement Code of the City of Lodi.
INSPECTIONS AND VIOLATIONS
On July 19, 1991 the Building Official caused saidproperty to be
inspected. The following violations were discovered:
Exterior of building:
I. Fav sewage on exterior of east side of building.
2. Electrical service panel modified without permits or inspections
3. Exterior electrical conduit and wiring done without permits or
inspections.
Burrel 1
August 22, 1991
page
2
4.
Lighting not available at exit doors.
5.
Second story deck and stairs at north end of building are deteriorated
a. Stairs are sloping to north.
b. Deck is sloping to north.
C. No hand rail on stairs.
d. Guard rail on stairs has openings in excess of code requirements.
e. Guard rail on deck has openings i n excess of code requirements.
f. Guard rail on deck does not meet minimum height requirements.
Interior entry hall and stair way:
Y
6.
1`b hand rail.
7.
Broken stairwell window.
8.
Light in stairwell and entry not operable.
Apartment No. 3
Front room (being used as bedroo...)
9.
One electrical receptacle.
10.
Use of extension cord wiring.
11.
lib operable smoke detector.
k
Living room:
F
12.
Broken Wmdow.
13.
Deteriorated walls (Broken lath and plaster).
14.
Lack of adequate electrical receptacles; extensive use of extension
cord
wiring.
15.
No operable means of heating dwelling unit.
Dining Rare
16.
Deteriorated floor (Broken Flooring).
t
17.
Broken window.
Y trhPn
18.
Broken window
19.
Lack of counter space electrical receptacles.
20.
Deteriorated flooring.
21.
No switched 1 i ghti m .
22.
No operable shut off valve at gas range.
23.
No operable shut off valve at water heater (Valve Frozen).
Burrell
August 22, 1991
page 3
Bathroom:
24. No electrical receptacle. (GFCI required).
Apartment No. 4
Kitchen
25. No counter top appliance receptacles.
26. Fuse box above refrigerator not accessible.
Bathroom
27. No electrical receptacle.
28. Vanity sink deteriorated (pulling away from wall) .
29. P -trap deteriorated; leaking.
Living areas:
30. No operable smoke detector.
31. lack of adequate electrical receptacles.
32. Extensive use of extension cord wiring.
33. No heat.
Apartment No. 2:
34. lack o'' adequate electrical receptacles thru out. Exteosive use of
extension cord wiring.
35. Smoke detector not operable.
36. No Heat
Bathroom
37. Light switch to bathroom is recessed, has no cover, and requires the
insertion of a finger into the recess to switch light.
38. M electrical receptacle in bathroom.
39. Use of PVC water lines in bathroom area.
Kitchen:
40. Kitchen sink trap deteriorated and leaking.
41. Gas shut off to kitchen stove frozen and not operable.
32. Fuse box above upper kitchen cabinets not accessible.
Burrel 1
August 22, 1991
page 4
Dining room:
43. Broken Window
44. Deteriorated flooring .
Not able to inspect Apartment rb 1; no one home, any similar repairs in
apartment no. 1 will be required.
This existing conditions are in direct violation of the Housing Code
and the Unsafe Building Abatement Code of the City of Lodi.
DETEIMNAMCN
A 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 repaired to the
extent that it meets or exceeds the standards in the appropriate Code
requirement listed above. The property owner may, if he or she so desires,
demolish said structures and clear the property of all rubbish and debris in
lieu of attempting necessary repairs. 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.
(b) The structure on the pro�?rty in question shall be vacated until
further notice of the Building Official. Vacation must be accomplished by
September 23, 1991.
Appropriate building, plumbing, mechanical ,electrical ,demolition, or other
permits shall be obtained from the City of Lodi prior to the commencement of
any work required herein.
All repair work required herein shall begin within 10 days of the date of
this Notice and shall be completed within 30 days of the date of this
roti ce .
In all cases, the regwired work is subject to the inspection and final
approval of the Building Official.
ORDER TO ABATE
Pursuant to Section 201 of the Housing Code of the City of Lodi and Secti nn
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.
Burrei 1
August 22, 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 1201 et seg of said Housing Codeand Section 501 et seq of
said Unsafe Building Abatement Code The appeal should be in writing and
submitted to the City Council, in care of the City Clerk (221 West Pine
Street, Lodi , CA 95240), within 30 days of the date of this Notice.
FAILURE TO COMPLY
In the event of your failure to comply with the requirements set forth
above, the following may apply:
1. A citation shall be issued.
2. Any person violating the provisions of the building code,
mechanical code, plumbing code, electrical code, or housing code
is 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
W imprisonment not to exceed six months, or by both such fine and
imprisonment for each violation.
Should you require additional information, please contact this office.
JS . SIEMERS
rn Fnfnrrpmpnl Officer
cc: Tenants, Apartments 1, 2, 3, and 4
Posting Copies
c c : Mayor Hinchman
City Manager
Community Development Director
City Attorney
Chief Building Inspector
Fire Marshal 1
CITY COUNCIL
DAVID M. HINCHMAN, Mayor
JAMESW. PINKERTON,Jr.
Mayor Pro Tempore
PHILLIPA. PENNINO
)ACK A. SIEGLOCK
JOHN R. (Randy) SNIDER
September 25, 1991
CITY OF LODI
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LOCM, CALIFORNIA 95241-1910
(209)334-5634
FAX (209) 333-6795
THOMAS A. PETERSON
City Manager
ALICE M. REIMCHE
City Clerk
BOB MCNATT
City Attorney
CERTIFIED MAX,
NUBCE OF PUBLIC MEANCE
AND
ORDER TO VACATE
AND
ORDER TO ABATE
Bradley B. And B. B. Burrell
1724 Lakeshore Drive
Lodi, CA 95242
NC ME OF PUBLIC MEANCE
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: Assessors Parcel No. 043-088-21. Said
property is more commonly lmown as 303 East Elm Street, Lodi , California.
r°s the property owner, you are hereby notified that the undersigned Building
Official of the City of todi has inspected said property and declared it to
be a PUBLIC NtEV\10E as defined and prescribed for by Section 202 et seq of
the Housing Code of the City of Lodi and Section 202 et seq of the Unsafe
Building Abatement Code of the City of Lodi.
Burrell
September 25, 1991
page 2
INSPECTIONS AND VIOLATIONS
On July 19, 1991 the Building Official caused said property to be
inspected. The following violations were discovered:
Exterior of building:
1. Raw sewage on exterior of east side of building.
2. Electrical service panel modified without permits or inspections
3. Exterior electrical conduit and wiring done without permits or
inspections.
4. Lighting not available at exit doors.
5. Second story deck and stairs at north end of building are deteriorated:
a. Stairs are sloping to north.
b. Deck is sloping to north.
C. M hand rail on. stairs.
d. Guard rail on stairs has openings in excess of code requirements.
e. Guard rail on deck has openings in excess of code requirements.
f. Guard rail on deck does not meet minimum height requirements.
Interior entry hall and stair way.
6. No hand rail.
7. Broken stairwell window.
8. Light in stairwell and entry not operable.
Apartment No. 3
Front room (being used as bedroom):
9. One electrical receptacle,
10. Use of extension cord wiring.
11. No operable smoke detector.
Living room:
12. Broken Window.
13. Deteriorated walls (Broken lath and plaster).
14. Lack of adequate electrical receptacles; extensive use of extension
cord wiring .
15. No operable means of heating dwelling unit.
Burrel 1
September 25, 1991
page 3
Dining Rom1
16. Deteriorated floor (Broken Flooring).
17. Broken window.
Kitchen
18. Broken window
19. Lack of counter space electrical receptacles.
20. Deteriorated flooring.
21. M switched lighting.
22. No operable shut off valve at gas range.
23. lib operable shut off valve at water heater (Valve Frozen).
Bathroom
24. No electrical receptacle. (GFCI required).
Apartment No. 4
Kitchen
25. No counter top appliance receptacles.
26. Fuse box above refrigerator not accessible.
Bathroom
27. lib electrical receptacle.
28. Vanity sink deteriorated (pulling away from wall).
29. P -trap deteriorated; leaking.
Living areas:
30. No operable smoke detector.
31. lack of adequate electrical receptacles.
32. Extensive use of extension cord wiring.
33. lib heat.
H
t
Burrel 1
September 25, 1991
page 4
Apartment No. 2:
34. lack of adequate electrical receptacles thru out. Extensive use of
extension cord wiring.
35. Smoke detector not operable.
36. No Heat
x
Bathroom
37. Light switch to bathroom is recessed, has no cover, and requires the
insertion of a finger into the recess to switch light.
38. No electrical receptacle in bathroom.
39. Use of PVC water lines in bathroom area.
Kitchen:
40. Kitchen sink trap deteriorated and leaking.
41. Gas shut off to kitchen stove frozen and not operable.
42. Fuse box above upper kitchen cabinets not accessible.
Dining room:
45. Broken Wmdow
44. Deteriorated flooring.
Not able to inspect Apartment No 1; no one home, any similar repairs in
apartment no. 1 will be required.
This existing conditions are in direct violation of the Housing Code and the
Unsafe Bwilding Abatement Code of the City of Lodi.
DEEM�
On August 22, 1991, a Notice of Violation and Order to Abate was mailed to
the property owner concerning the above noted violations. No action to
abate the conditions was taken by the property owner.
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 deterrri rrati on :
Burrel 1
September 25, 1991
page 5
(a} The structure on the property in question shall be repaired to the
extent that it meets or exceeds the standards in the appropriate Code
requirement listed above, The property owner may, if he or she so desires,
demolish said structures and clear the property of all rubbish and debris in
lieu of attempting necessary repairs. 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.
b) The structure on the propertyy i n question shall be vacated until
urther notice of the Buildding Ot�ficia . Vacation must b% accomplished by
September 28, 1991.
Appropriate building, plumbing, mechanical, electrical, demolition, or other
permits shall be obtained from the City of Lodi prior to the commencement of
any work required herein,
All repair work required herein shall begin within 10 days of the date of
this Notice and shall be completed within 30 days of the date of this
Notice.
In all cases, the required work is subject to the inspection and final
approval of the Building Official.
ORDER TO ABATE x
Pursuant to Section 201 of the Housing Code of the City of Lodi and Section
201 of the Unsafe Building Abatement Code of the City of Lodi, this Notice
constitutes an ORDER to you, the owner o f the property in question, TO ABATE
the substandard conditions listed herein in a manner and within the times
determined above.
APPEAL
Property owners, or those with legal interest in the property who are served
with this Notice may a 4pea 1 the same to the City Council of the City of Lodi
under Section 1201 et seq of said Housing Codeand Section 501 et seg of
said Un—saTe-ITUIlding AbTOiTe-in-t Code The appeal should be in writing and
su7m--itted tote City Council, i n care of the City Clerk ( 221 West Pine
Street, Lodi, CA 95240), within 30 days of the date of this Notice.
Burrel l
September 25, 1991
page 5
FAILURE TO COMPLY
In the event of your failure to comply with the requirements set forth
above, the following may apply:
1. A citation shall be issued.
2. Any person violating the provisions of the building code,
mechanical code, plumbing code, electrical code, or housing code
is 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 exceed six months, or by both such fine and
imprisonment for each violation.
Should you require additional information, please contact this office.
JA
SHSIEMERS
de Enforcement Officer
cc:' Tenants, Apartments I, 2, 3, and 4
Posting Copies
cc:'..Mayor Hinchman
City Manager
Community Development Director
City Attorney
Chief Building Inspector
Fire Marshall
'-1\ r''
In response to the Appeal Notice of Public Nuisance and 'der to Abate dated
September 25, 1991 regarding property located at 303 East Elm Street, Lodi we, the under
signed residents, are petitioning against granring the appeal for the following reasons:
1. Drug dealings out of building
2. Undesirables living at the apartments creating disturbances and crime
3. Landlords disregard for either the safety of the tenants or the residents
in the area
4. Lack of cooperation from owner. Property inspection on 7-19-91. We
residents had to tolerate open sewer lines and the stench until late
September when the tenants moved out.
5. Neighbors cleared three green garbage bins of garbage from yard after
tenants vacated. This was to prevent trash from blowing all over Elm Street,
6. Screens are being cut, windows broken and the porch used for beer parties.
1
For the above reasons me strongly protest rescinding the Notice of Public Xuisance
and Abatement on 303 East Elm Street, Lodi.
'9
' kRMW
d
DECLARATION OF MAILING
On November 7, 1991 in the City of Lodi, San Joaquin County, California, 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 "8" attached hereto.
There is a regular daily communication by mail between the City of 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 November 7, 1991, at Lodi, California.
A�fice M. Reimche
City Clerk
Perrin
4D4'3YY utsClerk
DLC/01
TXTA.FRM
TICE OF PUBLIC HEARING
oF.Q CITY OF LODI
Date: November 20, 1991
*iiu �. CARNEGIE FORUM
305 West Pine Street, Lodi Time: 7:30 p.m.
For information regarding this Public Hearing
Please Contact:
Alice M. Reimche
City Clerk
Telephone: 333-6702
NOTICE OF PUBLIC HEARING
November 20, 1991
NOTICE B HEREBY GWEN 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:
a) Appeal received from Brandi Burrell regarding the Notice of
Public Nuisance and Order to Vacate and Order to Abate dated
September 25, 1991 for the property located at 303 East Elm
Street, Lodi issued by James H. Siemers, Code Enforcement Officer.
All interested persons are invitedto presenttheir 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
hearing.
If you challenge the subject matter in court, you may be limited to raising oniy
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:
/14
Alice M. Reimche
City Clerk
Dated: November 6, 1991
ApII � as tq, form- ,
Bobby W. McNatt
City Attorney
APPEAL FROM BRANDI BURRELL
MAILING LIST
EXHIBIT B
James H. Siemers James Schroeder
Community Development Department Community Development Director
Brandi Burrell
303 East Elm Street
Lodi, CA 95240
CITY COUNCIL
DAVID M. HINCHMAN, Mayor
JAMES W. PINKERTON. Jr.
Mayor Pro Tempore
PHILLIP A PENNINO
JACK A. SIECL: ry
JOHN R. (Randy) SNIDER
CITY OFLODI
CITY HALL. 221 WEST PINE STREET
P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
(209) 334-5634
FAX (209) 333-6795
November 22, 1991
THOMAS A PETERSON
City Manager
ALICE M REIMCHE
City Clerk
BOB McNAIT
City Attorney
Sra rrell
Re: Notice of Public Nuisance and Crder to Vacate and Order to Abate
Dated September 25, 1991 for Property Located at 303 East Elm
Street, Lodi Issued by James H. Siemers, Code Enforcement Officer
Dear Mr. Burrell:
This letter. will confirm that the Lodi City Council at its regular
meeting : of Nov ember 20, 1991 following a public hearing on the matter,
denied .v`our .appeal regarding the Notice of Public Nuisance and Order to
Vacate and Order to Abate dated September 25, 1991 for property located
at 303 East Hm Street, Lodi issued by James H. Siemers, Code
Enforcement Officer.
Should you have any questions regarding this matter, please do not
hesitate to call this office.
Very truly yours,
Alice M. Reimche
City Clerk
AMR/jmp
bc: Roger Houstcn, Chief Building Inspector
Jim Siemers, Code Enforcement Officer