HomeMy WebLinkAboutAgenda Report - July 7, 1982 (39)PROTEST HEARING SET
RE PROPERTY AT 18
SOUTH MAIN STREET
RES. NO. 82-61
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470
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Council adopted the following Resolution:
RESOLUTION NO. 82-61
RESOLUTION SETTING PROTEST HEARING REGARDING
PROPERTY AT 18 SOUTH MAIN STREET, LODI, PURSUANT TO
ABATEMENT OF DANGEROUS BUILDING CODE - 1979 EDITION
FOR THE REGULAR COUNCIL MEETING OF AUGUST 4, 1982
at 8:00 p.m.
.CITY COUNCIL 117
FRED A. REID:Mayor CITY OF L O D I
ROBERT G. MURPHY,
Mayor Pro Tempore CITY HAtt, 221 WEST PINE S1RttI
EVEEYN M OLSON POST OFFICE Box 320
JAMES W. PINKERTON. Jr I ODI, CALWORNIA 95241
JOHN R (Randy) SNIDER (209).134-.%14
July 7, 1982
NOTICE OF CITY COUNCIL NEARING
Mr. Lyle Shelton
Del Mar Supplies.
1141 North Citrus
Orange, CALIFORNIA 92669
NOTICE OF CITY COUNCIL HEARING REGARDING
NOTICE OF PUBLIC NUISANCE PROPERTY LOCATED
AT 18 SOUTH MAIN STREET, LODI (ASSESSOR's
PARCEL 043-072-11)
IiENKl A CLAVES, Jr.
City Manager
AIICE M REINICHE
City CIVIL
RONALD M STEIN
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:
18 South Main Street, Lodi
(Que Pasa Casa Hotel)
Assessors Parcel No. 043-072-11
and more particularly described as "Lot 7, Block 27, City
of Lodi".
On January 26, 1982, the predecessor -in -interest of the
property at 18 South Main Street, Lodi, was sent a letter
stating that there was a violation of the Fire Code Section
11.414.
Subsequent letters were sett to the new owner and on or about
May 21, 1982,` a letter was sent to %r. Lyle Shelton, Del
Mar Supplies, 1141 North Citrus, Orange, California 92669,
expressing the City's concern regarding the violation. The
City did not receive any response. The City then contacted
C. Edward Jones and Company, Lodi and had that firmrepair
the building at a cost of $2,342.40.
• C'
Now Therefore, pursuant to Sections 1101 (b.4) and 1501 of
said Housing Code, you are hereby notified that Jack Ronsko,
Public Works Director of the City of Lodi will bring the matter
of said property and the findings listed above before the
City Council of the City of Lodi at its regular meeting of
.Wednesday, August 4, 1982 at 8:00 p.m. in the City Hall
Council Chambers, 221 West Pine Street, Lodi, declaring the
structure unsafe and a public nuisance, in need of repair,
and subsequently ordering that the charge of $2,342.40 for
such repairs shall be assessed against the property, causing
the same to be recorded on the assessment roll, and thereafter
said assessment shall constitute a special assessment against
and a lien upon the property.
For information concerning this matter, please contact the
office of the City Clerk of the City of Lodi.
Alice M. Reimche,
City Clerk
AMR/ 1 f
e \ b!
UNCIL C011 MUNICATI
TO, THE CITY COUNCIL DATE NO.
FROM- THE CITY MANAGER'S OFFICE JUNE 23, 1982
SUBJECT. Securing of Property at 18 South Main Street, Lodi
Attached hereto is a copy of an invoice which the City
of Lodi received from C. Edward Jones & Co., Inc. for
the securing of a hotel at 18 South Main Street, Lodi.
Pursuant to Chapter 9 of the Abatement of Dangerous
Buildings Code, the City of Lodi may recover the cost
of repairs or demolition of a building by a hearing
_procedure and may then lien the property with an
assessment for the cost of repairs which the City has
had made.
On January 26, 1982, the predessor-in-interest of the
property at 18 South Main Street was sent the attached
letter stating that there was a violation of the Fire
Code Section 11.414. Subsequent letters were sent to
the new owner and on or about May 27, 1982, a letter was
sent to Mr. Lyle Shelton (copy attached) expressing the
City's concern regarding the violation. The City did
not receive any response and we thea contacted C. Edward
Jones & Co. and had that firm repair- the building.
The recommended action herein is for the City to set a
protest hearing so that Mr. Shelton, the property owner,
can object to the lien which will be assessed on his
property for the repairs to the property billed to the
City of Lodi.
RONALD M. STEIN
CITY ATTOR14EY
RMS : vc
attachments
it is recommended that this matter be set for hearing at the regular
meeting of the city Council to be held Wednesday, August 4, 1982.
�JL�1L� E;+RJ
AliceM 3
City Clerk
C!iY COUNCIL ' HENRY A GLAVES. Jr.
1 City Manager
fRED M REID. Mayne CITY o F L o D I ALICI M. REIAICHE
ROBERT G. MURPHY.
Mayor Pro Tempore CITY HALL. 221 WEST PINE STREP T City Ciel
EYILYN K OLSON POST MICE Box 320 R0.14AtD ht ST#IN
IAMES W. PINKERTON. It. LODI. CALIFORNIA 9S241 City Attorney
JOHN R. (Randy) SNIDER (209) 334.5634
May 27, 1982
Mr. Lyle Shelton
Del Mar Supplies
1141 North Citrus
Orange, CA 92669
RE: 18 South Main Street, Lodi, California
Dear Mr.. Shelton:
Enclosed herewith please find a copy of the Invoice
of C-. Edward Jones & Co., Inc. in -the amount of $1980.00.
As you are aware, this invoice covers the costs of
securing your property at 18 South Main Street, Lodi,
the securing of which property was necessitated because
the property was in violation of Lodi Fire Code Section
11.414,as we have previously discussed.
Please forward your check to cover this amount, made
payable to the City of Lodi Finance Department. For your
convenience, we have enclosed a stamped, self-addressed
envelope.
If we have not received your check by Friday, June 11,
1982, it is the intent of this office to place a lien of
assessment on the property, to be collected with your
property taxes, as was explained to you in my letter to
you dated May 4, 1982 with attachments.
If you have any questions in this regard, please don't
hesitate to contact me. Thank you.
Trely yo rs,
D M. TEZN
RMS:vc CITY ATTORNEY
enclosure
cc: Building Inspector
Fire Marshal
HENRY A
(�
City Manager
G Y O F L O D I AttCE Al REtwiff
_ CITY "mt. 221 WEST PIN.
STRCS I City Cteri.
POST OFFICE BOX 330 RONALD M STEIN
J,. LODI. CALIFORNIA 95241 City Attorney
g (209) 334.5634
May 41 1982
Mr. Lyle Shelton
Del Mar Supplies
1141 North Citrus
Orange, CA 92669
Re: 18 South Main Street, Lodi (Que Pasa Casa hotel)
Dear Mr. Shelton:
Attached hereto are copies of my February 23, April 6,
and April 23, 1982 letters regarding the above -referenced
property and violations of Lodi Fire Code Section 11.414.
We have been advised by Fairway Group, the former owner.
of said property, that as of February 1982, the property
was deeded to you. The letters are self-explanatory as
to the reason for this letter.
As stated, we have contacted a contractor who is prepared
to start work and we can no longer permit this hazardous
condition to go unattended. We would appreciate your
check in the amount of $1,980.00 to cover the costs of
securing- the building. If we do not receive your check
or an explanation of any extenuating circumstances by
Monday, May 10, 1982, it is the intention of this office
to order the work started at once by the contractor.
I must impress upon you that the hazardous condition of
this property must immediately be corrected. Please,
let me hear- from you by Monday, May 10, 1982.
Sincerely -yours,
RON DC. STEIN
CITY ATTORNEY
RMS : vc
attachments
cc: Building Inspector
Fire Marshal
901.904 ABATEMENT OF DANGEROUS BUILDINGS 1979 EDITION 904-908.
Chapter 9
RECOVERY OF COST OF
REPAIR OR DEMOLITION
Account of Expense, Filing of Report: Contents
See. "I. The director of public works shall kM an itcriized account of
the expense Incurred by this jurisdiction in the repair or demolition Of any
building done pursuant to the provisions of Section 7ol (c) 3 of this code.
Upon the completion of the work of repair or demolition, said director
0=11 prepare and file with the clerk of this jurisdiction a report specifying
the work done. the itemized and total cost of the work. a description of the
real property upon which the building or structure is or was located, and
the names and addresses of the persons entitled to notice pursuant to
Subsection (c) of Section 40'1.
ReportTrsnsmltted to Council—bet for Hearing
See. 402. Upon receipt or said report. the clerk of this jurisdiction shall
present it to the legislative body of this jurisdiction for consideration, The
lcfislative body of this jurisdiction ►hail fix a time, date and place for
raring said report and any protests or objections thereto. The clerk of
this jurisdiction shall cause notice of said hearing to be posted upon the
property involved, published once in a newspaper of general circulation in
this jurisdiction. and served by certified mail; postage prepaid. addressed
to the owner of the property as his name and address appear on the last
equaltted assessment roll of the county. if such to appear, or as known to
the clerk. Such notice shall be liven at least 10 days prior to the date set for
hearing and shall specify the day. hour. and place when the legislative
body will hear and pass upon the dir,..nor's report. together with any ob-
jections or protests which may be fled as hercinaiter provided by any per.
son interested in or affected by the proposed charge.
Protests and Objections—How Made
See. 403. My person Interested In or affected by the proposed charge
may file written protests or objections with the clerk of this jurisdiction at
any time prior to the time set for the hearing on the report of the director.
Each such protest or objection must contain a description of the property
In which the signer thereof is interested and the grpunds of such protest or
objection. The clerk of this jurisdiction shall endorse on every such protest
or'objection the date It was received by him. He shall present such protests
or objections to the legislative body of this jurisdiction at the time set for
tyre hearing; and no otherprotests or objections shall be considttrcd.
t Hearing of Protests
` See. 90=. Upon the day and hour fixed for the hearing the legistative
jbody or this jurisdiction shall hear and pass upon the report the director
togethcrIwith any such objections or protests. The legislative body may
matte such mvidett, correction or modification in the report or the charge
Axa
as it may deem just; and when the legislative body Is satisfied with the
correctness of the chaste, the report (as submitted Or revised, corrected
or moditicd) together with the charge. shall be confirmed or rcjcctcd. The
decision of the legislative body of this jurisdiction on the report and the
charge, and on all protests or objed-iors. shall be final and conclusive.
Personal Obligation or Special Assessment
See. 90S. (a) General. The legislative body of this jurisdiction may
thereupon order that said charge shall be made a personal obligation of the
property owner or assess said charge against the property involved.
(b) Personal Obligation. If the legislative body of this jurisdiction
orders that the charge shall be a personal obligation of the property owrer,
It shall direct the attorney for this jurisdiction to collect the same on behalf
of this jurisdiction by use of ail approprlate ictal remedies.
(c) Special Assessment. If the legislative body of this jurisdiction orders
that the charge shalt be assessed against the property it shalt confirm the
assessment, cause the same to be recorded on the assessment roll. and
thereafter said assessment shall constitute a special assessmen: against and
a lien upon the property.
Contest
See. 906. The validity of any assessn ent made under the provisions of
this chapter shall not be contested in any action or proceeding unless the
same is commenced within 30 days after the assessment is placed upon the
assessment roll as provided heroin. Any appeal from a final judgment in
such action or proceeding must be perfected within 70 days after the entry
of such judgment.
Authority forinstaallmentPayment of Assessments with interest
See. 907. The legislative body of this jurisdiction, in its d6cretion, may
dere mane that assessments in amounts of $500.00 or more shat! be
payable in not to exceed five equal annual installments. The Icgis:ativc
body's determination to allow payment of suet assessments ir, in-
stallments, the number of installments. whether they shall bear interest.
and the rate thereof shalt be by a resolution adopted prior to the con-
firmittion of the assessment.
Lien of Assessment
See. 905: (a) Priority. Immediately upon Its being placed on the assess•
merit roil the assessment shall be deemed to be complete. the several
stmounts assessed shall be payable. and the assessments shall be liens
against the lots or parcels of land assessed. respectively. The lien shall be
subordinate to all existing special asscscment liens previously Imposed
upon the same property and shall be paramount to all other lions except
for state. county and property taxes with which it shall be upon a parity.
The lien, shall continue until the assessment and all interest due and
l payable thereon are paid.
27
t V_■�iu i.l. �,�at'a)_...._ ____- ___�.�•�w...i.._.._. _... __ _.r_�4�._L_w�•rL_ti as N...y,. Y..fa. _1a1.�4'a
ABATEMENT OF DANQt:ROUS BUILDINGS
1 Iateresi. All swh assessments remaining unpaid after 30 days from
tali of recording on the assessment roll shall become delinquent and
bear interest at the rate of 7 pe. cew per annum from and after uid
WO Amssor and Tax Collector.. Addition of Assessment
'ata,
e. i'After_ vonfirmstion of the report, certified copies of the
svirgt;-sltail he Siven to the assessor and the tax collector for this
in :who -shalt add the amount of the assessment to the next
It r.tsx:bbttcvkd agiainst the pared for municipal purposes.
Copy of Rtport with County Auditor
s.110. t t: sbe- coet�tr asseswr and the county tax collector• assess
erlF:;astd collect . tam for .this jurisdictiom a certl fled copy of the
mtteat d be tiled with t7te covey► auditor on or before Aust 10th.
daiicswions of the parcels reported shall be those used for the sane
6'e tltseounty ass* s map boolts for the current year.
ratlott ofAsiesattof Ponaftios for Foroclosure
e.`lt Thr amount of the assasrment shall be collected at the same
andbi the--unamanner as ordinary. property taxes are collected: and
of s�ttrjeA-to tht same penalties and procedure and sale in case of
tluareir at: AeayhIed for ordinary property taxes. All laws applicable
tae enforcement of property taxes shall be ap.
bteto:. sttsasunsett<
the b4ky of tbi jurisdiction has determined the the anus -
in Isutaltmeau, each Installment and any interest
O t",eoddected lathe same manner as ordinary property taxes In
ssiw dears ; if any meta lmc tt is delinquent, the amount thereof Is
yet, iha same penalties and', procedure for sale as provided for or.
YY.'r.t
axM
Wyman! of Repair and Demotition Fund
i . 9ti+ All atony recovered by payment of the chane or assessment
otntbs'sal tt of the property, at forcriavre sale shalt be paid to the
urer,,of titin jurisdiction who shall credit the sane to the repair and
oa`fudd.
,n
.Y,. "T-i.w:,.. - C .ltd• -i(� _
C. EDWARD JONES & CO., INC. --
. - � - •iM/iAi• COIIITRACTOA - Y.
itATt tIC<Mi{ MO. >lts�a2 '• '� "` 1- -
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May 18, 1982 +o* 9A*T VICTOR R0A0
` L001. CALIFORNIA 93240 r
City of Lodi I:O./ »,•:...
*;
Building Dept.
221 West Pine' St.
P.O. Box 320
Lodi,t California 95240
�> INVOICE
'Y Invoice #1982-2041,1
►. . :.a .•�+�- y4� ♦ 'i'L��, t�i ems_
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Re : Burned out hotel at 18 South Main St. Lodir
JP
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Y.,.. Total work completed
.
Amount Now Due $19980.00
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K�%Lt`• Thank; you , � �_ - ' +• ' ` : ,x: , os...
C;+E' and Jones &C In.c
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