HomeMy WebLinkAboutAgenda Report - March 9, 1994 PHOP
CIN OF LODI
COUNCIL. COMMUNICATION
AGENDA TITLE: Communications (February 23,1994 through March 9, 1994)
MEETING DATE: Manch 18. 1994
PREPARED BY: City Clerk
RECOMMENDED ACTION: Set Public Hearing for April 20, 1994 to consider appeal received from
Faisal Subleban appealing Notice of Public Nuisance and Order to Abate
on the property located at 1107 South Central Avenue, Lodi.
BACKGROUND INFORMATION: The City Clerk's office is in receipt of a letter from Faisal
Subtaban (Exhibit A attached) appealing Notice of Public
Nuisance and Order to Abate on the property located at 1107
South Central Avenue.
It is recommended that this matter be set for Public Hearing at the regular City Council meeting of April
20, 1994.
FUNDING: None required.
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ity Clerk
APPROVED.
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FAISAL SIJBLAHAN
1981ROYAL G'RZSTDRIVZ
LODI, CA 93242
FebwAy 24,1994
Cily of Lail
Cilymn
P.O Boor 3006
Lodi, CA 95241-1910
RE: Assessor Parcel Na 047-OW22
Property Address:
1107 S. Central Ave.
Lodi, CA 95240
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As the said property owner of the property listed above, I am appealing the notice of order
to abe* pensumt to Section 201 of the Housing Coco of the City of Lodi.
I request the right to have a hemiag, and anticipate response from the City of Lodi.
Plan send. a copy of the Moms Ray can decision and the violstioos that were waived.If
you should have any questions Please contact me at (209) 339-8818.
Simcaely,
Faisal Sublaban
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CITY COUNCL
JACKA. MOLOCK MRW CITY OF LODI
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FAXON
Ianuaty 28,1994
CERTIFIED MAIL
NOTICE OF PUBLIC NUISANCE
ORDER TO ABATE
Faisal Sublaban
1906 Royal Crest Dr.
Lodi, CA 95242
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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 Number - 047-080-22. Said Property is more commonly known
as 1107 South Central Avenue, Lodi, California 95240.
As the property owner, you are hem -by 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 seq. of the Housing Code of the City of
Lodi.
i
Sublaban (94-005)
January 28,1994
page 2
On Jai mq 19, 1994, the Building Official caused said property to be inspected. The
following violations were diiuxwexed:
Fmdirg: 1. The detached garage has been converted into a separate dwelling unit.
This existing clition is in direct violation of Section 1001, paragraphs (a) and (n),
of the Housing Code of the City of Lodi which reads:
Sec.1001. (a) General. Any building or portion thereof which is determined to be
an unsafe building in accordance with Section 203 of the Building Code; or any building
or portion thereof including any dwelling unit, guest room or suite of rooms, or the
premises on which the same is located, in which there exists any of the conditions
referenced in this section to an extent that endangers the life, limb, health, property, safety
or welfare of the public or the occupants thereof shall be deemed and hereby are declared
to be substandard buildings.
(n) Improper Occupancy. All buildings or portions thereof occupied for living.
sleeping, cooking or dining purposes which were not designed or intended to be used for
such occupancies shall be considered substandard.
Funding: 2. Construction of a second dwelling unit on a residential pared which is
Zoned for one (l) residential unit. Elimination of the required covered off street parking
which is necessary in the R 1 zone.
This existing condition is in direct violation of Section 17.09.020, of the Lodi
Municipal Code which reads:
17.09.020 Permitted uses - Generally.
The following uses are permitted in the R-1 district:
A One -family dwelling, minimum six thousand five hundred square foot lot;
B. Farming and gardening. (Prior code § 27-5(ax 1),(2))
1
Sublaban (94-005)
January 28,1994
page 3
As a result of the foregoing violations, the undersigned Building Official has declared the
property to be a PUBLIC NUISANCE and has therefore made the following
determination:
(a) The structure on the property in. question shalt be returned to its original
occupattcl►.
(b) The structure on the property in question shall be vacated until further
notice of the Building Official. Vacation must be accomplished by March 1. 1994.
Appropriate building, Aunbing, 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 45 days from the date
of this Notice and shall be completed within 90 days of the date of this Notice.
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 fisted herein in a manner and within the times determined above.
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
seq. of said Housing Code. The appeal should be in writing and submitted to the City
Council, in care of the City Clerk (221 West Pine Street, Lodi, CA 95240), within 30 days
of the date of this Notice.
1AVft1
St WWm (94-005)
January 28,1994
page 4
In the event of your fadure to comply with re requirements set forth above, the following
may apply.
1. A citation may be issued.
2. Any person violating the provisions of the Building Code, Mechanical Code,
Plumbing Code, Electrical Code, or Housing Code is quilty of a misdenu mor
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 sic months, or by both such fine and imprisonment for each violation.
Should you require additional information, please contact this office - (209) 333-6714.
lc� z - Aul.
S Ii SIFMERS
-
e Enforcement Officer
cc: Donald Wolfe, 1107 S. Central Ave., Lodi, CA 95240
Occupant, Garage, 1107 S. Central Ave., Lodi, CA 95240
cc: Chief Building Official
Community Development Director
City Attorney
DSCLRRATION Of 30JLXM
On March 17, 1994 in the City of Lodi, San Joaquin County, California, I
deposited in the United States wail, envelopes with first-class postage
prepaid thereon, containing a copy of the Notice attached hereto, marked
Exhibit ■AO; said envelopes were addressed as is more particularly shown
on 8xhibit 080 attached hereto.
There is a regular daily communication by wail between the City of Lodi,
California, and the places to which said emrolopes were addressed.
I declare under penalty of perjury that the foregoing is. true and correct.
Rxecuted on March 17, 1994, at Lodi, California.
Jennifer M. Perrin
City Clerk
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CITY OFLODI NO OF PUBLIC HEARING
Carnegie Forum Dab: April 20t IM
305 West line Sheet, Lodi Time: 7:00 P.M
For iMormation regarding this notice posse contact:
Jennifer M. Perrin
City Clerk
Telephone: (209) 333.6702
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that on Wednesday, April 20, 1991 at the hour of
7:00p.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 Faisal Sublaban appealing Notice of Public
Nuisance and Order to Abate on the property located at 1107 South
Central Avenue, Lodi.
Infonnation regarding this item may be obtained in the office of the Community
Development Director at 221 West Pine Street, Lodi, California. All interested persons
aro 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 Cleric. 221 West Pine Street, at or prior to
the Public Hearing.
By Order of the Lodi City Council:
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Dated: March t ti, I S%
Cly Anceney
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