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HomeMy WebLinkAboutAgenda Report - February 16, 1994 PH (6)os� $ CITY OF LORI COUNCIL COMMUNICATION AGENDA TITLE: Appeal Received from Steven J. Cottrell, Attorney at Law, on behalf of Maurice 0. Ray, Regarding Notice of Public Nuisance and Order to Abate Issued by Chief Building Inspector Regarding Property Located at 1201 Edgewood Drive MEETING DATE: February 16, 1994 PREPARED BY: Community Development Director RECOMMENDED ACTION: That the City Council conduct a Public Hearing on the appeal of Steven J. Cottrell, Attorney at Law, on behalf of Maurice 0. Ray, regarding Notice of Public Nuisance a•nd Order to Abate issued by the Chief Building Inspector regarding property located at 1201 Edgewood Drive, Lodi. BACKGROUND INFORMATION: Early in 1993 the Building Division of the Community Development Department determined that Maurice 0. Ray Jr. was constructing, without a building permit, a second story addition to his single-family dwelling at 1201 Edgewood Drive. He was ordered to stop construction, submit necessary plans and to obtain the required building permit. As a condition of this permit, the Public Works Department required that the water service be upgraded to include a meter- box and the installation of a water meter. The water service at the site is provided from a City watermain located in a recorded 8 -foot public utility easement (P.U.E.) along the rear boundary of the property. There is also an 18" storm drain in a recorded 5 -foot P.U.E. along the east property line. (See Exhibit A showing the P.U.E., City facilities and building locations.) During the week of April 12, City crews from the Water/Wastewater Department went to the site to perform the water service upgrade. it was discovered that structures including an in -ground spa, pool house and storage shed had been constructed over the City watermain in the 8 -foot P.U.E. rendering the watermain and water service inaccessible. In addition, a valve on the watermain is located inside the pool house. An encroachment permit was not obtained for these structures built over the City easements. A permanent structure is not allowed over a P.U.E. Additionally, a check of City records indicates that these structures were constructed without building permits er variances to reduce setback requirements on the lot. The records also indicate that the Planning Commission had previously denied variance requests from the owner to reduce setback and lot coverage requirements for similar projects in the past. Additional observations made at the site indicated that other improvements have been made to the property without benefit of the required permits, i.e. swimming pool, second story deck, subterranean garage, etc. THOMAS A PETERSON City Manager CCCD94.7/TYTD.0IC cc• Maurice 0. Ray Appeal of Order to Abate February 16, 1994 Page 2 It was decided that action should be initiated to abate the unpermitted structures, zoning violations, and encroachments on the existing P.U.E.'s. The Public Works Department is very concerned about the structures constructed over the P.U.E.'s and especially the City watermain. These encroachments need to be removed to allow City crews access to the main for routine maintenance and service problems. It is currently impossible to access the main or water service for the subject parcel without demolishing at least a portion of the pool house and storage shed. The inground spa is also located over the watermain further complicating the required repairs or maintenance. Even the City's water valve on the main cannot be accessed without entering the pool house. The vertical support of the pool house is so close to the valve that it cannot be operated properly. On August 20, 1993 the Chief Building Inspector ordered the storage shed, spa and spa/pool building to be abated by demolition and the second story deck abated by demolition or repair. The Notice of Public Nuisance and Order to abate is attached. The Ore.;r was appealed to the City Council by Mr. Ray's attorney, Steven J. Cottrell. The Public Works Director denied Mr. Ray's request for encroachment permits for the various structures over the water line in the rear yard and the storm drain line in the east sideyard on November 23, 1993. In correspondence dated January 10, 1994 Mr. Ray outlined his solutions to the various encroachments. A field inspection by the Public Works Director, Community Development Director and Chief Buildiivj Inspector on January 28, 1994 determined that Mr. Ray's proposals were beyond what they would or could approve. At this time it was suggested that the City Council proceed with its public hearing. FUNDING: None required. i Sal J roes B. Schr der immunity Development Director JBS/ck Attachment CCCD94.7/TXTD.01C '= ' �� C i� �� x;�yx1� � � �� � � ' � �+a° r 4 ! ti � '."� wh .; t' i . X14 e. r } i �i' Y s ; r; ���, ' t,ti A ... �^ `.^r. ',.,..:'� ,4., �'� t�t Y �t� .1` �. —� _ - !` �.� , �' ' \, � . ` r„ ►� C.' T Y CCUNCIL P"n-UP A. Pv-NMNO. vAvor :ACX A. SIECLOCX Mwm Pm Tara" RAY 6.OAVeWORT STEPHEN J. MANN JOHN R. (Rana" $NIQER Augur .0, 1993 Maurice O. Ray Jr. 1201 N. Edgewood Dr. Lodi, CA 95240 CITY OF LODI cry *IW P1ME S7RW P C. BOX M IOM CAUF01"aA 952ffl-tido r -m Mwwu "X on mf7� MOMMOI&W NOWS A, PC a EtiSOM CII► Marra W AYQWMR ht retm C1► Cott WX Md"Tr MVAMM" Public records indicate that you are ttm arzratt legal owner of the real and imp d property in the City of Lodi, County of San Joaquin, State of California desmibed as follows: Assessor Pard Number - 039-273-33. Said Property is more commonly (mown as 1_01 North Edgewood Drive, Lodi, California As the prop=7 owner, you are hereby notified that the undersigned Building Offical of the City of Lodi has inspected Said property and deciared it to be a PUBLIC NUISAVL CE As defined and prescribed for by Section Z02 r. seq. of the Uniform Code for :he Abatement of Dangerous Buildings of the Cary ofLodi. Ray August 20, 1993 Page PeSNK921 1 As a condition of construction permit number 2434, you were required to upgrade your water service with a meter box During the week of April 12, 1993, City crews From the Water/Wastewater Departmesn went to the site to perform the water service upgrade. It was discovered that structures inc!uding an in -ground spa, pool house, and storage shed had been constructed over the City water main in the 8 -foot P. U.E. rendering the water main and water service inaccessible. In addition, a valve on the water main is located inside the pool house. An encroachment permit was not obtained for these structures. Additionally, a check of City records indicates that these structures were constructed without building permits or variances to reduce setback requirements on the Ion The records also indicate that the owner had been previously denied variances to reduce set back and lot coverage requirements for similar projects in the past. In addition to the structures at the rear of the property, a sewnd story deck has been constructed at the last East property be. The deck extends to the property line and over a five (S) toot easement. VIOLATIONS Finding: The spa, spa/pool house, storage shed, and second story deck were ail consatuc ted without plans, permits or inspections, in violation of Section _03 of the 1991 Uniform Code for the :abatement of Dangerous Budding3. In addition all of the structures are constructed in the required zoning srbacks, and arc over public utiiiry easenents. This e,dsting condition is in direct violation of Section _03 of the uniform Cade for the Abatement of Dangerous Buildings of the City of Lodi which reads: Sec. _03. It shall be unlawtiil for any person. Srm or corporation to cte, consa-uc--, e-niarge, aiter, -mair, Trove, improve, remove. convert or de:notish, equip, user, occapy or maintain any budding or structure or cause or panic the same to be done in violauon of this code. I) Ray August 20, 1993 Page 3 As a result of the foregoing violations, the undersigned Building Official has declared the following buildings to be PUBLIC NUISANCES under Section 303 and Section 302 of the Uniform Code for the Abatement of Dangerous Buildings and has therefore made the following determination: (a) The storage shed, spa, and spaipool building shall be abated by demoiitioa (b) The second story deck shall be abated by demolition or repair. Repair shall be in accordance with Section 301 of the 1991 Uniform Building Code. 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/c- demolition work required herein shall begin within 60 days from the date of this Notice and shall be completed within 130 days of the date of this Notice. Pursuant to Semon 20l of the Uniform Code For the Abatement of Dangerous Buildings 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. AFPE.-kI. Any person aggrieved by an order of the Building Official hereunder to repair, vacate and repair, or demolish any building or structure` or portion thereof; may appeal such order to the City Council. The appeal shall be in writing and whicry shall state the substance of the order appealed from, shall be submitted to the Cary Council, m care of the City Clerk (2''..1 West Pine Suet, Lodi, CA 95240), within 10 days of the date of personal service or mailing of the order which is being appealed. Ray August _0, 1493 Page 4 In the event of your failure to comply with re requirements set forth abom the following rnaY apply' 1. A citation shall be issued. Z. Any person violating the provisions of the Uniform Code for the Abatement of Dangerous Buildings is quiity of 1 misdemeanor for each day such violation continues. Any person convicted of a misdemeanor for violation of osis code is punishable by a fine of not more than one thousand dollam or by itapr- nment not to exceed six months. or by both such fine and izaprisossmeat for each violation. Should you require additional information, please contact this office • (209) 333-6714. ROGER'6 TIOUSTON Chief Buiiding Inspector cc: Community Development Director City Attorney City Manager Public Works Diret:or Assistant City Engm= Sharon Wdcl' WatevWastewatcr Supetimendent At Law Offices Of STEVEN J. C011"RELL A Professional Law Corporation 127 NORM RZAIANT AVOM I.O. eox 26" LOO. CAUTOWAA "Zov.70n rA% 1141212 FAX {200) »501I Auqust 30, 1993 City Council of Lodi c/o Lodi City Clerk 221 West Pine Street Lodi, CA 95200 ter, �iT7 CER Re: Appeal of NOTICE OF PUBLIC NUISANCE AND ORDER TO ABATE. A.P.N.: 039-273-33 Property Address: 1201 North Edgewood Drive Lodi, CA Property Owner: Maurice O. Ray Jr. Ladies and Gentlemen: Please be advised that this office has been retained to represent the interests of Maurice 0. Ray Jr. in reference to the above entitled matter. This letter is being served upon you, in response to the NOTICE OF PUBLIC NUISANCE AND ORDER TO ABATE which was served by certified mail dated August 20, 1993, and received by Maurice O. Ray, Jr., on August 21, 1993. The subject matter of said notice was Mr. Ray's residence located at 1201 North Edqewood Drive, Lodi, California. The council should be advised that the property which is subject to the NOTICE OF PUBLIC NUISANCE AND ORDER TO ABATE has been Mr. Ray's personal residence for the past 29 years. The NOTICE OF PUBLIC NUISANCE AND ORDER TO ABATE involves various improvements that have been made to Mr. Ray's personal residence, which include a spa, spa/pool house, storage shed and a second story deck. The spa, spa/pool house and storage shed were constructed well over 10 years ago, and the second story deck was constructed over 5 years ago. Mr. Ray has lived continuously in his residence, and there has never been a problem, difficulties, or complaints from his adjoining neighbors regarding these improvements to his personal residence. r. Appeal of the NO'1.%:E OF PUBLIC NUISANCE ANu ORDER, TO ABATE involving Maurice 0. Ray, Jr. August 30, 1993 Page 2 The council should also be advised, that there are other residents in Mr. Ray's neighborhood, who have outbuildings or improvements that encroach on set -back requirements and/or easements. This letter is intended to comply with the requirements of section 501 of the DANGEROUS BUILDING CODE as amended by Lodi city ordinance number 15.28.070 which provides for the preservation of rights and a stay of the ORDER OF ABATEMENT pending an administration hearing before the Lodi City Council. Mr. Ray is appealing the NOTICE OF PUBLIC NUISANCE AND ORDER TO ABATE as issued by the office of ROGER G. HOUSTON, Chief Building Inspector which does declare that Mr Ray's spa, spa/pool house, storage shed and second story deck are dangerous and subject to abatement. Mr. Ray does realize that this matter must be scheduled for a hearing within the near future. He would request that the undersigned be contacted regarding the date and time to schedule this matter for public hearing. During the intervening time, Mr. Ray plans on reviewing this entire situat_on, and having our office contact the City Attorney, to hopefully reach an agreeable resolution of this matter. very truly yours, �' C ` cv) STEVEN J. UtOTTRELL SJC/ks cc: Maurice O. Ray, Jr. CITY CO"UNCiL -"OMAS OETtRSQ1N W 1ltttw pMILLIP a. PENN1140 Haver , CITY OF L O D I ;Ev1rIRER M of t:l1►-v4 IACX A. 31(Q0Cx rlevor o.o •.moors C:fi. Cie* RAT C. :)AvfNPORT C1rY 4ALL. 221 WEST PINE STREET 409 "04A r. i7EPMfN i. MANN P O. 8031 3006 Cilt/AtiOrRe'► '004H R. IRandvl imiof4 :001. C.>LIFORNIA 95241.1910 :209) 334-A34 1.2 QV" 131.014" November 23. 190-3 Mr. Maurice C. Ray, .;r. Ray Contractors, Inc. 801 S. Fairmont Avenue. Suite 9 Lodi. California 95240 SUBJECT Public Utility Easement En-roachment 1201 =_dgewood Drive, Lodi. California I have been Informed by Sharon Welch of the Development Services Oiwslon that you have requested a meeting to discuss the possibility of allowing the structures which encroach on the public water main along the rear property line at the sublet address to remain in place. • The water main in question serves your property as well as adjacent properties to the south. The encroaching strum res currently make It virtually unpossible for City crews to access the water main in this area. It is the policy of the Public Works Department to prohibit the encroachment of any permanent structure over underground City utilities. While it is understandable that you would wish to retain the encroaching Improvements. it does not appear that the City can adequately fulfill its maintenance and service responsibilities to all the residents served by this water main If the structures are allowed to remain In place. If you would like to discuss this matter with me. please contaG me at (209) 333-6706 to schedule an appointment Jack L\-Ronsko Public Works Director JLR/SAW cc: City Attorney City Manager Community 0eveiopment Oirecor Assistant City Engineer Water/Wastewater Supenntencient Associate Civil Engineer 4AY DOC RAY ENTERPRISES Maurice O. Ray. it. 755 South Fairmont Avenue. Suite A-1 Lodi, California 95240 Phone (209) 36&3717. Fax # (209) 334.6729 January 10, 1994 G. Houston "i-Aef Building Inspector city of Lodi Re: Certified letter of August 20, 1993 Property address: 1201 Edgewood Drive, Lodi Owner: Maurice 0. Ray Jr. It is the intent of the owner of said property to basically c-Tnply with section 203 of the 1991 uniform code in the following manor. 1. "In Ground Spa" The bottom of the spa is only 28" below ground level. The deck is installed with screws and easily removed, and there is a crawl hole access area under the table. The spa has floated up twice and can be easily removed if and when necessary. I would hope said spa could remain as is. 2. "Pool House" I will remove all roof structure Lattice, Plexiglass, etc. that is attached to the house to where the acceptable overhang set backline is, which I believe is 30", and will remove any Lattice which is over eight feet in height along the fence line, which I also believe is acceptable. 3. "The Sauna" which you did not mention, I will detach said Sauna and reduce it to a freestanding area of not more the 120 square feet. 4. "The Storage Shed" which is now approximately 200 feet, I will cut off the west 2.5 feet which is approximately 19 square feet, leaving an area of approximately 5 feet. To install the required water meter leaving the storage saed with an area of 181 square feet. If this is not satisfactory I will divide said storage area into two separate areas one of 84 square feet, and one of 97 square feet. 5. "The water Main Value" currently this value is covered by a wood access cover and is not inside the pool house. If the City will provide me "with or without cost" a cover that is acceptable, I will install same at my expense. 6. This area is not the area in which 2 was previously denied a variance, said denial was to install a cover over the main pool RAY ENTERPRISES Maurice O. Roy, Jr. 755 South Fairmont Avenue, Suite A-1 Lodi. California 95240 page -2- Phone (209) 368-3717 • Fax # (209) 334-6729 area. 7. "Second Story Deck on East Side" I propose to remove the Lattice walls "which are screwed on" along the property line except for 24 feet of Lattice above the Six Foot Fence which I believe is acceptable back to within 30 feet of the property line on the overhang area which I also believe is acceptable. The remaining area is below the Six Foot Fence line which I was told by the previous inspector in 1971 was acceptable. I hope these remedies are satisfactory and I apologize for the inconvenience I have caused you. Due to the time of year and the weather I'd appreciate it if I could have until May 1, 1994 to complete these corrections. If need be, due to the time on the filing of the Notice of Conpletion on my Southern Addition, I believe I can make the area for the water Meter and the water main cover correction much sooner. Thank you for your consideration. Sincerely, Maurice G. Ray Jr. DECLARATION OF MAILING On January 20, 1994 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 "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 January 20, 1994, at Lodi, California. Jennifer M. Perrin City Clerk C DEC#01/TxTA_FRM L, °'`� CITY OF LODI CARNEGIE FORUM 305 West trine Street, Lodi cl0t,rr1N= NOTICE OF PUBLIC HEARING Date: FEBRUARY 16, 1994 Time: 7:00 p.m. For Information regarding this Public Hearing Please Contact: Jennifer M. Perrin City Clerk Telephone: 333.6702 NOTICE OF PUBLIC HEARING FEBRUARY 16, 1994 NOTICE IS HEREBY GIVEN that on Wednesday, at the hour of 7.00p.m., oras soon thereafter as the matter may be heard, the City Council will conduct a continued public hearing to consider the following matter: a) Appeal received from Steven J. Cottrell, Attorney, on behalf of Maurice O. Ray, regarding Notice of Public Nuisance and Order to Abate issued by Chief Building Inspector r•-clard.ing property located at 1201 North F.dgewood Drive, Lodi 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: for Pend n Gly Clerk Dated: January 19, 1994 Approved as to form: Bobby W. Mc aft City Attorney [V{ • , • ✓✓ ��il•IIIfI�Q�!" Its � IFf A I L I H O L I S T }}t APPEAL FROM STEVEN J. COTPRELL, ATTORNEY, ON 9EIIALF OF MAURICE O, RAY, JR. REGARDING NOTICE OF PUBLIC NUISANCE AND ORDER 9.0 ABATII ON T1111 PROPERTY LOCATED AT 1201 NORTH E(XISMOOD DRIVE, LODI k:1. Mr. Maurice O. Ray, Jr.; 1201 N. Hdgoro0d Drina' Lodi, California 95260;Y Steven J. Cottrell Attorney at Law" P. O. box 2677 Lodi, California 95111-2677; x' JIM SCNRORDXR , Community Development Director City of Lodi Ns, �-, r 1 t' c 1 t ; ' �" r SWIM '.•.' �Zr kr f g���v�7, JAI`., •i. r, ? 2 ¢ r s �� J � ,�,1 ♦ �J_ r " ��d ,�` rib C r +tv^�� �j ` e � -�• ,' � 1;.� y ''A �� yy c ? r„i y � . � f � �/J r x � �. •.1 'Y' � t) ,.._�_ r i � � , i DLII Stv _��iE�: 'i ii6'P 7700��RR t re' -,� �.; x� p � � '` i r �, � ,, r .r. r � � �, , , '� r ? �, �i r '.� ^,� .! j',, 'j f ,� � � - .'t s` ae ..r �s,n�. � ��' � f�' � �r J r� it �: i �� i ��!''f///// � ��. Y '[2 � � j C :�, .1:��.. 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