HomeMy WebLinkAboutAgenda Report - September 16, 1992 (71)of
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CITY 4F LODI
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AGENDA TITLE: Consider the appeal received from. Joe (Mark) Newfield regarding
Notice of Public Nuisance and Order to Abate property located at
4 Sierra Vista Place, Lodi issued by James H. Siemers, Code
Enforcement Officer on April 2, 1992
DATE: September 16, 1992
PREPARED BY: Community Development Director
RECOMMENDED ACTION: that the City Council conduct a Public Hearing to
consider the appeal received from Joe (Mark) Newfield
regarding Notice of Public Nuisance and Order to Abate
property located at 4 Sierra Vista Place, Lodi issued by James H. Siemers, Code
enforcement Officer, on April 2, 1992.
BACKGROUND P43DFA AMCN Sometime in 1991 the storage structure at 4 Sierra Vista
Place was damaged by fire. On January 3, 1992, Code
Enforcement Officer James H. Siemers with assistance
inspected the premises and ordered the building abated. The same order was issued
again on April 2, 1992. Between these two dates the property owner, Joe (Mark)
Newfield caused repairs to be made to the damaged structure but did not present the
City plans for the work nor did he acquire necessary construction permits.
This public hearing was continued from the City Council meeting of August 5, 1992 to
provide Me Newfield time to submit engineered plans and acquire permits which would
nullify the abatement order. Although the plans were completed by the Michael Smith
Engineering firm sometime ago, they have not been submitted.
If the Building Division has received the plans by the September 16, 1992 City
Council meeting, the staff would recommend a continuance of the public hearing until
the first Council meeting in November (i . e . November 4, 1992). In the event the
plans are still not available, the City Council should provide the staff with
direction.
Without engineered plans and inspections, the Building Division has no means of
determining if the work performed by the owner has made the structure safe and in
compliance with codes.
FUNDING: None required.
Jam s B. Schroede-r
unity Development Director
JBS/cg
Attachments
APPROVED
THOMAS A PETERSON recycled Paper
City Manager
CC•t
CCCD92.23/TXTD.01C
CITY COUNCIL
)ARES W. PINKERTON, Mayor
PHILLIP A. PENNNO
Mayor Pro Tempore
DA nD M. HtNCHMAN
)ACK A. SIErAXX:K
JOHN R. (Randy) SNIDER
April 2, 1992
Mark Newfield
PO Box Q
Woodbridge , CA 95258
CITY OF LODI
CITY HALL, 221 WEST PINE STREET
P.O BOX 3006
LODI, CALIFORNIA 952414910
(209) 334-5634
rAx (M% 33346795
CERTIFIED MAIL
NOTICE OF PUBLIC NU>SANCE
AND
ORDER TO ABATE
NOTICE OF PUBLIC NLEANCE
THOMAS A. PETERSON
City 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. 045-250-21. Said
property is more commonly known as 4 W Sierra Vista Flace.
As 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 andrescribed 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 todi
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 less 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.
DETERMINA N
As a result of the foregoing violations, the undersigned Building Official
has declared the property to be a PUBLIC NJSVJCE and has therefore made the
following determination:
(a) The structure on theproperty 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 and 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, M ABATE the substandard conditions listed herein in a manner
and within the times determined above.
r
Newfield(92-0002)
April 2, 1992
Page 3
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 501 et seq of said Unsafe Building Abatement Code. The
appeal shall be in writing and submitted tote 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 of any person to file an appeal in accordance with Section 501 of
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 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. Airy 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.
Ll
A)
S H. SIEMERS
�� Enforcement Officer
cc: Community Development Director
Chief Building Inspector
City Attorney
Fire Marshall
T Y C= L r;.
Lodi City Council
221 K Pine Street
Lodi, Ca. 95240
Dear Council Members,
. .3 n
RECE-
I. j Y E D
MAY 0 a 1992
MCoUtunt'ry
QEi'FIS?atENt
April 30, 1992
�c CCS �
Cn April 2, 1992 I was trailed an Abatement order on a building that I own at
4 Sierra Vista Place. The building was partially damaged by fire last sum=mer
and since then has been repaired.
I had Mike Smith inspect the building and he agreed w it h me that this build-
ing did Nor need demolition.
This is a storage o n IX building that requires no city utilities. It is also
�letly renced and locked at all times as I only store personal items
which require minimal attention.
Please accept my appeal and lift this demolition order as it oould prove quite
costly for me to further appeal, or worse yet, demolish a useful building.
Sincerely,
roeNewfield
ike Smith hn �inee,rin
g�
+moi 4 North Main Street -Lodi, CA 52
F (2Q�3) 334_2332 F.a3 209) 334:0 in
1
IS Apr 1992 =
Mark Newfield
P.O. Box 0
Woodbridp, CA 95258
Dear Marr.:
HVIng Inspectedyour fire damaged storage building on SouthSacrmnento Streethere In town, I
have concluded that this structure can be salvaged. I fyou were to have your contractor replace
the more severelydamaged members, and install additional studs and raftersnext to those that
are not completelyburned, this str_Mture could be as structurallysound as It was before the
Am This repair wwk.sthould rA'requt;V a very lar ge mnount of time or money to aocompiistL
It you requireary additional services or would like to discuss this subject fur+.her, feel free to
drop in or call.
sincerely:
v
Michaeft Smith
RCE, No. 44590
MICE SMtTN ENGINEERING
4 0 ESs,o,
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Exp. -131.93 a,t
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DECLARATION OF MAILING
On August 7, 1992 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 August 7, 1992, at Lodi, California.
Alice M. Reimche
City Clerk
Jennifer,M. Perrin
Deputy City Clerk
DHC#01/TXTA.FRM
i oft
CITY 0 LODI Date: September
OF PUBLIC HEARING
16, 1992
qtr k'i�* CARNEGIE FORUM 7:30 P.m.
305 'Veit Pine Street. Lodi Time:
For information regarding this Public Hearing
Please Contact:
Alice M. Reimche
City Clerk
Telephone: 333-6702
ICMIMNUED
NOTICE OF PUBLIC HEARING
September 16, 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 continued
public hearing to consider the following matter:
1. Appeal received from Joe (Mark) Newfield regarding Notice of
Public Nuisance and Order to Abate property located at 4 West
Sierra Vista Place, Lodi issued by James H. Siemers, Code
Enforcement Officer, on April 2, 1902
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
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 Of the Lodi City Council:
Rei he
City Clerk
Dated: August 5, 1992
Approved as to form:
Bobby W. McNatt
City Attorney
APPEAL FROM NEWFIELIJ
MAILING LIST
EXHIBIT B
James B. Schroeder Joe (Mark) Newfield
Community Development Director P.O. Box Q
Woodbridge, CA 95258