HomeMy WebLinkAboutAgenda Report - December 6, 1989 (63)C O U N C I L C O M M U N I C A T I O N
TO: THE CITY COUNCIL
FROM: THE CITY MANAGER'S OFFICE
COUNCIL MEETING DATE:Dec . 6, 1989
Set Public Hearing for December 20, 1989, Regarding Notice
SUBJECT: of Public Nuisance and Order to Abate issued on property
located at 713 South Sacramento Street, Lodi, California.
RECOMMENDED ACTION: That the City Council set a public hearing for
December 20, 1989, regarding Notice of Public Nuisance and
Order to Abate issued on the property located at 713 South
Sacramento Street, Lodi, California, and further described as
Assessors Parcel No. 045-240-07.
BACKGROUND INFORMATION: On June 16, 1989, an inspection of
the premises was conducted by fire inspector Don Hawkinson.
As a result of this inspection a Notice of Public Nuisance and
Order to Abate was issued by inspector Hawkinson on June 21,
1989. This Notice was mailed to the legally listed property
owner, Ms. Angelantinio De Rubis of Washington, D.C., by
certified mail .pith a return receipt requested. This letter
was returned marked "Unclaimed".
On July 27, 1989, inspector Hawkinson again inspected the
property. He issued a second Notice of Public Nuisance and
Order to Abate on July 28, 1989, and mailed 'it to Ms. De Rubis
5y certified mail with a return receipt requested. This letter
was signed for by Angelantinio De Rubis on August 1, 1989.
On August 27, 1989, Fire Marshal Steve Raddigan spoke with
Ms. De Rubis by telephone aid granted an extension of the com-
pliance date for demolition of the buildings on the property
until October 7, 1989, and followed up on the conversation with
a letter to Ms. De Rubis stating that the extension has been
granted and that if no action had been taken by her on or
before October 7, 1989, that he would proceed with the abatement
proceedings. He also informed her that this process would in-
volve the City Council ordering the building: demolished and
assessing the cost of demolition work to the property.
Ms. De Rubis was notified by letter on November 16, 1989,
that this item would be on the December 6, 1989, City Council
agenda. She will be properly notified of the public hearing
d te.
Larry F. Hughes
Fire Chief
0�j31,89
`��BerS Offi.
L 0 D I F I R E D E P A R T M E N T
M E.M 0 R A N D U M
TO: Tom Peterson, City Manager
FROM: Steve Raddigan, Fire Marsh
DATE: October 30, 1989
SUBJECT: NOTICE OF PTJBLIC NUISANCE AND ORDER TO ABATE issued
on July 28, 1989, for 713 South Sacramento Street,
Lodi, CA, assessor's parcel number 045-240-07
Recommended Action:
t
This matter be placed on the agenda for December 6, 1959.
Background:
On the premise are two abandoned buildings. One was a
garage; the other a two -room structure. Neither building is
served by any utilities. Both are in disrepair.
In June of this year, while checking for weed abatement, it
was noted that both buildings are open, unsecured, and
totally accessible. There was evidence that people had been
in the buildings.
The property owner, Ms. Angelantor,io DeRubis, lives in
Washington, D.C., and on June 21, 1989, she was sent a
NOTICE OF PUBLIC NUISANCE AND ORDER TO ABATE via certified
mail. The letter which bore a City of Lodi Fire Prevention
Bureau return address went "unclaimed" and was returned
July 16, 1989.
On July 28, 1989, a sec,:nd NOTICE CF PUBLIC NUISANCE AND
ORDER TO ABATE was sent to Ms. DeRubis in a plain envelope.
It was delivered by the post office and signed for by her on
August 1, 1989.
On August 27, 1989, I called Ms. DeRubis at her home in
Washington, D.C., to discuss this matter with her. As a
result of this conversation, Ms. DeRubis was granted an
extension to October 7, 1989.
On September 7, 1989, Inspector Ha�4ki nson posted the
property in question with copies of the July 28, 1989,
NOTICE OF PUELIC NUISANCE AND ORDER TO ABATF letter. Copies
were attached to the garage and Lo the two -room structure.
-1
Tom Peterson
Uctober 30, 1989
Page 2
On October 25, 1989, the premises was inspected and both
structures found to be in noncompliance. As of the date of
this memo, the Fire Prevention Bureau has had no contact or
communication from Ms. DeRubis or anyone acting as her
agent.
Attached is a copy of the NOTICE OF PUBLIC NUISANCE AND ORDER TO
ABATE and the letter grsnting the extension.
I am required to advise all interested parties ten days prior to
the scheduled hearing date.
Please advise me of the date and additional informaticn that will
be necessary to be presented.
SR/lm
Attachments
71
i
CITY OF LODI
FIRE DEPARTMENT
ORE PREVENTION BUREAU
210 WEST ELM STREET
LODI, CAUFORNIA 95240
NOTICE OF PUBLIC NUISANCE
AND
ORDER TO ABATE
July 28, 1989
Ms. Angelantonio DeRubis
2755 Ordway Street NW 406
Washington, DC 20008
Dear Ms. DeRubis:
RE: 713.SOUTH SACRAMENTO 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. 045-240-07. Said property is more commonly known as
713 South Sacramento Street, Lodi, CA 95240.
As the property owner, you are hereby notified that the
undersigned Fire Inspector of the City of Lodi has inspected said
property and declared it to be a PUBLIC NUISANCE as defined and
prescribed for by Section 2.201(b) of the Ffre Code of the City
of Lodi.
INSPECTIONS AND VIOLATIONS
On June 16, 1989, and again on July 27, 1989, the undersigned
Fire Inspector caused said property to be inspected. The
following violations were discovered:
1985 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 constitute a hazard to safety or health
or public welfare, by reason of inadequate maintenance,
dilapidation, obsolescence, fire hazard, disaster
Ms. Angelantonio DeRubis
July 28, 1989
Page 2
danage or abandonment as specified in this code or any
other effective ordinance, are, for the purpose of this
section, unsafe buildings.
1985 UNIFORM CODE FOR ABATEMENT OF DANGEROUS BUILDINGS
Sec. 302. Any building or structure which has acy 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.
12. Whenever the building or structure has been so damaged
by fire, wind, earthquake or flood, or has become so
dilapidated or deteriorated as to become an attractive
nuisance to children; a harbor for vagrants, criminals or
immoral persons; or as to enable persons to resort thereto
for the purpose of committing unlawful or immoral acts.
16. Whenever any building or structure, because of
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. The structures have become so dilapidated
or deteriorated as to become an attrative
nuisance to children.
2. The buildings are not secure creating an
attractive nuisance to children and a
harbor for vagrants, criminals or immoral
persons.
DETERMINATION
As a resul't of the foregoing violations, the undersigned Fire
Inspector has declared the property to be a PUBLIC NUISANCE a-nd
has therefore made the following determination:
1. The structures on the property in question shall be
repaired to the extent that it meets or exceeds the
standards in the Building Code or shall ,be
demolished.
2. That the structures be properly secured perAing
repair or demolition.
Ms. Angelantonio DeRubis
July 28, 1989
Page 3
Appropriate building, plumbing, mechanical, electrical or other
permits shall be obtained from the City of Lodi prior to the
commencement of any work required herein.
The property owner may, if he desires, demolish said structure
and clear the property of all rubbish and debris in lieu of
attempting 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.
In all cases, the required work is subject to inspection and
approval of the Building Official and Fire Marshal.
TIME PERIOD FOR COMPLIANCE
1. The structures shall be secured within fifteen (15) days
of this Notice.
2. All repair and/or demolition work required shall begin
within thirty (30) days of this Notice and shall be
completed wfthin ninety (90) days of this Notice.
ORDER TO ABATE
Pursuant to Section 401(b) of the Uniform Code for Abatement of
Dangerous Buildings, this Notice constitytes 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.
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 1_5.28.070 of the Lodi
Municipal Code. The appeal whish 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 of 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 Co.lncil shall have the power, in addition to any other
remedy herein provided, to:
VSs. Angelantonio DeRubis
July 28, 1989
Page 4
I o Cause the material of any such building or structure to be
sold in ani, manner that the Council may determine upon; provided,
however, that any Isuch 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 otherwise. Any surplus from the sale
of any such building or structure, or group of buildings and
structures, over and above the cost of demolition and of cleaning
the 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 of any building or structure, or sale of the materials
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 in the case of
the sale of material.
Should you require additional.. information, please contact this
office.
z
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Donald N. Hawkinson
Fire Inspector
DH/1m
cc: City Attorney
San Joaquin County Local Health District
Chief Building Inspector
SENDER: Complete items 1 and 2 when additional services aro desired, and eonviste items
3 and 4.
Put your address in the "RETURN TQ" Space on the reverse side. Failure to do this will prr.vent this
card from being returned to . The m racer t f will provide u the nems of the a on delivered
to and the d to of del' Fora fees o owing services are available. Consult postmaster
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WE
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4 CITY OF LODI
FIRE DEPARTMENT
FIRE PREVENTION BUREAU
210 WEST ELM STREET
LODI, CALIFORNIA 95240
■ PM 33MM
September 8, 1989
KM
Ms, Angel:.ntonio DeRubis
2755 Ordway Street NW 406
' Washington, DC 20008
Dear Ms. DeRubis:
RE: 713 SOUTH SACRAMENTO STREET, LODI, CALIFORNIA
As a result of our telephone conversation on August 27, 1989, I
am extending the compliance date for demolition of the structures
located on the property at 713 South Sacramento Street, to
October 7, 1989. This extension is granted based on your stated
intention to contact someone to have the buildings removed,
If after October 7, 1989, demolition has not been started, I will
proceed with the abatement proceedings. This will involve the
City Council ordering the buildings demolished and the cost being
assessed to the property or other as provided by law, !
Your cooperation would be appreciated. ?
Sincerely in service,
3
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Steven Raddig
Fire Marshal
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SR/lm