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HomeMy WebLinkAboutAgenda Report - July 17, 1991 (126)5 OF CITY OF LO®I COUNCIL COMMUNICATION AGENDA TITLE: Appeal of Fazal E. and Asman P. Khan of a building inspection order to abate a detached garage which had been converted to a living unit without permits or inspecticns at 317 Hilborn Street. MEETING DATE: July 17, 1991 PREPARED BY: Cmmm-I ty Development Director RECOMMENDED ACTION: that the City Council conduct a Public Hearing to consider the appeal of Fazal E. and Asman P. Khan of a Building Inspector's order to abate a detached garage which had been converted without permits or inspections at 317 Hilborn Street. BACKGROUND MRMATION: Reacting to a tenant complaint on May 17, 1991, Code Enforcement Officer James H. Siemers inspected a structure at 317 Hilborn Street and determined the following: 1. that a detached garage at the north end of the property, adjacent to the alley, had been added to and converted to a living unit without permits or inspections; 2. that the converted unit had no heat; and 3. that the converted structure lacked proper egress from the bedroom. Based on the above findings the structure was ordered to be vacated and returned to its original purpose as a detached garage. On May 20, 1991 the property owners appealed the abatement order because the garage was already converted when they acquired the property in 1979. M matter when the conversion occurred, the unit is in violation of building, housing and zoning codes. FUNDING: None required. .1ars%c R Crhrna�ar ke6unitty Development Director JBS/cg A ttachments APPROVED: /►1�- a 4M THOMAS A. PETERSON recycled D+Der City Manager CCCD91.3/TXTD.0IC GC -1 CITY COUNCIL x- ow DAVID tit HINCHMAN. Mayor CITY OF L O D I JAMESW PINK�RTON. Ir Mayor Pro Tempore PHILLIP A PENNINO CITY HALL. 221 WEST PINE STREET )ACK A SIEGLOCK P.O. EOX 3006 JOHN R. (Randy) SNIDER LODt CALIFORNIA 95241-1910 (209) 334-5634 FAX (209) 3336795 May 17, 1991 Fazal E & A P Khan Case Number: 910060 CERTIFIED MAIL NOTICE OF PUBLIC NUISANCE AND ORDER TO ABATE NOTICE OF PUBLIC NUSANCE THOMAS A PETERSON C'ty Manager ALICE M REIMCHE City Clerk BOB McNATT City Attorney 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. 047-193-25. Said property is more commonly known as 311 East Hilborn Street, Lodi, San Joaquin County, 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 NUISANCE as defined and prescribed for by Section 202 et sec of the Housing Code of the City of Lodi. INSPECTIONS AND VIOLATIONS O1 May 17, 1991 the Building Official caused said property to be inspected. The following violations were discovered: 1. Finding: The detachedgarage at the north end of the property, adjacent to the alley, has been added to and converted to a living unit without permits or inspections. Khan (C910060) M* 17, 1997 page 2 This existing condition is in direct violation of Section 1001 (f), of the Housing Code of the City of Lodi which reads: (n) Improper Occupancy. A17 buildings or portions thereof occupied for living, sleeping, cooking or dining purposes which were not designed or intended to be used for such occupancies. This existing condition is in direct violation of Section 301.(a) of the Building Code of the City of Lodi which reads: (a) Permits Required. Except as specified in Subsection (b) of this section, no building or structure regulated by this code shall be erected, 'constructed, enlarged, altered, repaired, moved, improved, removed, converted or demolished unless a separate permit for each building or structure has first been obtained from the building official. As a result of the foregoing violations, the undersigned Suilding Official has declared the property to be a PUBLIC NUISANCE and has therefore made the following determination: (a) The structure on the prcperty in question shall be returned to its original use to the extent that it meets or exceeds the standards i n the appropriate Code requirement listed above. �b) The structure on the property in question shall be vacated until urther notice of the Building Official. Vacation must be accomplished by June 17, 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 and/or demolition work required herein shall begin within 60 days of the date of this Notice and shall be completed within 90 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. Khan (910060) May 17, 1991 Page 3 ORDER TO ABATE Pursuant to Section 201 of the Housing 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. 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 Code. The appeal should be in writing and submitted tote City ounce , in care of the City Clerk (221 West Pine Street, Lodi, CA 95240), within 30 days of the date of this Notice. FAILURE TO 01VMY 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. ES ti. SIEMERS Wee Enforcement Officer cc: Chief Building Inspector City Attorney Fire Marshall Melissa Rivera, tenant, 217 1/2 E Hi lborn St., Lodi, CA 95240 J/ JAit ��� (,7 , A41t Ui OL -'�_tvrte;tl . , � ,y yy� dJ CA, 4L lv,4,kr-' 4�4 7 0,J fLp,u - ,q 5 MA N p 11 YA f-/ CITY COUNCIL DAVID M. HINCHMAN. Mayor JAMES W. PINKERTON. Jr. Mayor Pro Tempore PHILLIP A. PENNING JACK A. SIEGLOCK JOHN R. (Randy)SNIDER CITY OFLODI Khan CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI. CALIFORNIA 95241-1910 (209) 334-5634 FAX (209) 333-6795 July 199 1991 THOMAS A. PETERSON City Manager ALICE M. REIMCHE City Clerk BOB MCNATT City Attorney Re: Case Na 910060 Appeal Regarding Notice of Public Nuisance and Order t o Abate Assessor Parcel No. 047-193-25 317 East Hilborn Street, Lodi Dear Gentlemen: This letter :-wi 11 confirm that at the July 17, 1991 public hearing before ..the.,. -Lod City Council regarding this matter you withdrew your uilding inspection order to abate a detached garage which has been ranverted to a living unit without permits or inspections at 317 East Hil.bi m Street, Lodi. .,_.. tact City of Lodi Chief Building Inspector Roger Houston regarding your proceeding with the timely abatement of this building. Very truly yours, , Alice M. Reimche City Clerk AMR/jmp cc: Community Development Director, James B. Schroeder Chief Building Inspector, Roger Houston 12 1C4 NO R.Al I• M On June 17, 1991 in the City of Lodi, San Joaquin County, California, I deposited in the United States mail, envelopes with first-classpostage 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 comunication by mail between the Cit 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 June 17, 1991, at Lodi, California. 4 DEC/O1 TXTA .FRM of CITY V LODI (0� OT{CE OF PUBLIC HEARING Date: Rescheduled Date �r CARNEGIE FORUM July 17, 1991 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 RENO'ffCEbF PUtLC HEAEING LY July 17, 1991 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: a) appeal received from Asman P. Khali regarding Notice of Public Nuisance and Order to Abate issued by James H. Si emers , Code Enforcement Officer, Cormnuni ty Development Department, for the property located at 317 Hilborn. Al I 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 hearing. If you challenge the subject matter in court, you may be limited to 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 CF the Lodi City Council: azy' �11 - 41"� Alice M. Reimche City Clerk Dated: June 1 ?, 1991 A ed form: e -+ as okc-v—� Bobby W. McNatt City Attorney ASMAN P. KHAN APPEAL MAILING LIST EXHIBIT B Jim Schroeder Community Development Director .Tim Siemers Code Enforcement Officer P 798 399 843 L Certified Mail Receipt ­- No Insurance Coverage Provided Do not use for International Mai i=�ost.=Fs /See Reversal Sent to Asman P. Khan Street & No. _ .. State & ZIP Code 2 9 Certified Fee 1.00 Special Delivery Fee RestricW Delivery Fee I IReturn Receipt Showing t:oMom 6Date Delivered 1.00 . Return Receipt Showing to Whom, Date. & Address of,Def+very TOTAL Postage _ 2 2 9 & Fees . Postmark or Date - June 17, 1991 P 776 589 391 410-i Certified Mail Receipt rt. No Insurance Coverage Provt&4 Co not use for international Mail g (See Revers) sent to Asman P. Khan sheet & Mo. a Mo.. &W a =Pqw* 3Postage i $ 0.29 1 ' j cenftd rhe 1.00 fi Spatia' Derwary Fee i Restricted Deaver/ Fee i 4 _ Return Reeeipl S--,—** rn a vamp a Doe [W v and 1.00 F i Return ReceiW Sl owitp to Whom, Dab.'& Adfesa of Dellmy 7vnd P-twe oar $ 2.29 POsVwk or Data z P s: 2 7/19/31 ' ! ,,, a f,i . -dot USAMAIL- DECLARATION OF MAILING On July 18, 1991 in the City of Lodi, San Joaquin County, California, I deposited in the United States nail , envelopes with first-class postage prepaid thereon, containing a copy of the Notice attached nereto, 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 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 July 18, 1991, at Lodi, California. Alice M. Reimche City Clerk ie4ifer M. errin - De uty City Clerk DEC; O1 TXTA. FRM On Wednesday, July 31, 1991 at 7:30 p.i-n., a) City of Lodi Growth Management Plan. Any quest -ions regarding this matter may be directed to the City Clerk's office at 333-5702 Note: Please run regular co i umnar bordered ad 4`.4 of.6� CITY 06"LO]DI -)TICE OF PUBLIC HEARING Date: 3uly 31, 1991 CARNEGIE FORUM 305 West Pine Street, LodiTime: 7:30 p.m. For information regarding this Public Hearing Please Contact: Alice M. Relmche City Clerk Telephone: 333-6702 SPECIAL JOINT MEETING OF THE LODI ITY COUNCIL & THE PLANNING COMMISSI NOTICE OF PU�LIC HEARING July 31, 1991 NOTICE IS HEREBY GIVEN that on Wednesday, at the hour of 7:30 p.m., or as soon thereafter as the matter may he heard, the City Council AND the Planning Commission will conduct a public hearing to consider the following matter; a) City of Lodi Growth Management Plan Information regarding this Item may be obtained in the office of the Community Development Director at 221 West Pine Street, Lodi, Caiifornia. All interested persons are invited to presenttheir views and comments on this matter. Written statements may be filed with the City Clerk at anytime 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 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 Pins Street, at or prior to the Public Hearing. By Order OE the Lodi City Council: Alice M. Reimche City Clerk Dated: July 17, 1991 ADDrov�eAd J to form: Y "tttBobby W. MCN City Attorney NOTICE OF SPECIAL COUNCIL MEETING MAILING L ��T. EXHIB IT PhilliF A. Pennino 1502 Keagle Way Lodi, CA 95242 John R. Snider 2328 Brittany Lane Lodi, CA 95240 David M. Hinchman 1131 South Pleasant Avenue Lodi, CA 95240 James W. Pinkerton 916 West Turner Road Lodi, CA 95240 Jack A. Sieglock 1702 Timberlake Circle Lodi, CA 95242 KCVR Radio P. 0. Box 600 Lodi, CA 95241 ESIN Radio 3171 Ralph Avenue Stockton, CA 95206 City Clerk City of Lodi Community Gevelopment Director Michael A. Lapenta 1718 Edgewood Drive Lodi, CA 95240 Susan Hitchcock 141 South Avena Avenue todi, CA 95240 Roger Stafford 801 South M lls Avenue Lodi, CA 95240 James E. Griffith 1020 Bradford Circle Lodi, CA 95240 Dorance Ochs Lodi Senior Citizens Commission 1612 Burgundy Drive Lodi, CA 95240 COUN/16/TXTA.02J Tamma Adamek Lodi News Sentinel P.O. Box 1360 Lodi, CA 95240 King Videocable At.n: Ms. Deanna Enright 1521 South Stockton Street Lodi, CA 95240 Stockton Record City Editor P.O. Box 900 Stockton, CA 95209 Lodi Magazine P. 0. Box 648 Lodi, CA. 95241 City Manager City of Lodi Assistant City Manager City of Lodi City Attorney City of Lodi Public Works Director City of Lodi Craig Rasmussen 1111 West Tokay Street Lodi, CA 95240 Larry Mindt P.O. Box 782 Lodi, CA 95241 Harry Marzol f 445 .ladrone Court Lodi, CA 95240 Neumiller & Beardslee Attention: Thomas Terpstra 5th Floor Waterfront Office Tawer II 509 West Weber Avenue Stockton, CA 95203