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HomeMy WebLinkAboutAgenda Report - April 20, 1994 PH (7)J OR CITY OF LORI °*tis per. COUNCIL COMMUNICATION AGENDA TITLE: Public Hearing to Consider the Appeal Received from Faisal Sublaban Regarding Notice of Public Nuisance and Order to Abate Issued by Chief Building Inspector Regarding Property Located at 1107 South Central Avenue MEETING DATE: April 20, 1994 PREPARED BY: Community Development Director RECOMMENDED ACTION: that the City Council conduct a public hearing to consider the appeal received from Faisal Sublaban regarding Notice of Public Nuisance, and Order to Abate issued by Chief Building Inspector regarding property located at 1107 South Central Avenue. BACKGROUND INFORMATION: On January 19, 1994, in response to a renter's complaint, James H. Siemers, Code Enforcement Officer, inspected a garage at 1107 South Central Avenue that had been converted to a living unit. The inspection determined (1) that a garage had been illegally converted without permits or inspections; (2) that the garage could not be converted without violatin the off-street parking and setback requirements of the Zoning Ordinance; and (33 that electricity and natural gas had been extended from the main dwelling. Upon receipt of the Notice of Public Nuisance and Order to Abate, Mr. Sublaban contacted the Community Development Director and informed him that the garage conversion had been completed before Mr. Sublaban purchased the property. The staff informed the property owner that when violations are found they must be ordered corrected and that the staff had no authority to let them continue. The applicant must have purchased the property from a private party. Realtors always check the department's files to make sure all work was done with permits and inspections, before they will list or sell a property. FUNDING: None required. 4arr�e s B. Schroeder Gcxbmunity Development Director JBS/ck Attachments APPFC-'VED 1 - _ LJ - -- ----- THOMAS A PETERSON—­­­­­­ City ETERSON-----'-----------City Manager CC + CCCD94.i'/TXTD.0IC CITY COUNCIL JACK A. SIEGLOCK Maya STEPHEN J. MANN Maya Pro Tsmpom RAY G. DAVENPORT JOHN R. (Randy) SNIDER PHIWP A. PENNINO January 28, 1994 Faisal Sublaban 1906 Royal Crest Dr. Lodi, CA 95242 CITY OF LODI CITY HALL. 221 WEST PINE STREET P.O. BOX 3008 LODI. CALIFORNIA 95241-1910 (209) 336634 FAX ROW 3334M CERTIFIED MAIL: r►C•II•��Z• : THOMAS A. PETERSON Clly MWWK JENNIFER M. PERRIN Clry CWk BOB MCNATT City An n ey 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 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 and prescribed for by Section 202 et seq. of the Housing Code of the City of Lodi. Sublaban (94-005) January 28, 1994 page 2 INSPECTIONS AND VIOLATIONS On January 19, 1994, the Building Official caused said property to be inspected. The following violations were discovered: Finding: 1. The detached garage has been converted into a separate dwelling unit. This existing condition 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. Finding: 2. Construction of a second dwelling unit on a residential parcel which is zoned for one (1) 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(x)(1),(2)) Sublaban (94-005) January 28, 1994 page 3 DETERMINATION 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 shall be returned to its original occupancy. (b) The stiucture 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, 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/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. ORDER TO ABATE 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 listed herein in a manner and within the times 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 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. Sublaban (94-005) January 28, 1994 page 4 In the event of your failure 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 misdemeanor for each day such violation continues. 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 six months, or by both such fine and imprisonment for each violation. Should you require additional information, please contact this office - (209) 333-6714. < 4� S H. SIEMERS de 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 FAISAL SUBLABAN 1906 ROYAL CREST DRIVE LODI, CA 95242 February 24, 1994 City of Lodi City Hall P.O. Box 3006 Lodi, CA 95241-19I0 RE: Assessor Parcel No. 047-080-22 Property Address: 1107 S. Centra' Ove. Lodi, CA " -241, As the said property owner of the property listed above, I am appealing this notice of order to abate, pursuant to Section 201 of the Housing Code of the City of Lodi. I request the right to have a hearing, and anticipate response from the City of Lodi. Please send a copy of the Morris Ray case decision and the violations that were waived. If you should have any questions please contact me at (209) 339-8818. Sincerely, Faisal Sublaban :fs RECEIVED 94 r.P2 12 Pii 2: 59 4-11-94 �����; ., , 'ill 44 City of Lodi Jennifer M. Perrin City Clerk Subject: Public Hearing Schedule for April 20, 1994. Nuisance and Order to Abate on the Property located at 1107 South Central Ave, Lodi Ms. Perrin I am co-owner of the property located at 1111 South Central Ave, next door to the above noted address. For at least the past year and possibly longer, the sewer line servicing 1107 has been left open on the south side of the property, directly next to the bedroom window of my house. I have for some time been attempting to contact the owner of 1107. I have left numerous messages for the owner with the tenants occupying the property asking him to contact me. I have also left messages at his office requesting him to correct the problem. He has not responded and the line remains open, sometimes allowing large amounts of raw sewage to pool in the side yard. I have also made several calls to the health dept, but still the problem continues. Since the sewage line appears to be very swallow, I have wondered weather the line was properly installed. I am assuming the line will not drain properly and that is why it is left open? I would appreciate any action you could take to remedy this problem. Si erely, on T iinissen 4478 Winding River Cir. Stockton, Calif 95219-8258 340 Poplar St Lodi, CalifbrCEIVED April 5, 1 Ott, AM -7 All 9-* 34 Re: Faisal Subiaban Public Nuisance & Order to Abate at I'I► 1107 So. Central Ave. Dear City Council Members: I am writing regarding the property listed above and request you deny his appeal. There is a water heater behind the garage and only six inches from my fence. Leaves and other debris are allowed around the water heater that concerns me very much. It is a fire hazard and I feel it should be removed before we have a fire. Yours truly, 6f4h2r,,t 07' 14L;Z" Edward L. Harris DECLARATION OF MAILING On March 17, 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 March 17, 1994, at Lodi, California. Jennifer M. Perrin City Clerk DEC#01/TXTA.FRM CITY OF"'LIODI r Carnegie Forum 305 West Pine Street, Lodi NOTIQ6.' -OF PUBLIC HEARING Date: April 20, 1994 Time: 7:08 p.m. For information regarding this notice please contact: Jennifer M. Perrin City Clerk Telephone: (209) 333.6702 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Wednesday. April 20, 1994 at the hour of 7:00 p.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. 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 nonce 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: 4er,(er M. ernn bity Clerk Dated: March 16, 1994 A��Q.,as to form: Bobby W. McNatl City Attorney J1011 -c. -E C10C.. V,6^,4 gCl—=IV T84Z- 7 Cl o E PUBLIC HEARING LIST MAN lNG I IST ron: -7 �/ fi7 Ia/ roc i Aro OWNER'S NAME MAILING ADOnESS CITY. STATE zr - 7 / c U / Fad. C �L'QI 1-1/r4 C4 ' R t 57-0 5 D —15 �e�i��-a. 1VL-nEz r�_F'icx 7S3/ a �4=S C5, 7` /. c G -/-7 ' -14M14�r�Oc� 9S - S7- -10 -71,n/z r ,- Q ,. .. /7/7 zL Gd! , , ✓5 � a c� - .� r n - �; ,/%rI/� E rl•, '�!� Cc s, , _ 7Tr% %,a �,� ,:�,: `i: ,. c'7GIJ%f rr�► �r%'% �-/' -S /�" ,�/a;- 77 f < <fr c•• 5A/f/JIOJ'l71 - —Ce _ o 1? !l V lytm - � , p ,� � � ',C,• /', .��;� ,- h �,r, = ' <- fit• - 74 7 Q f- _ -71c,. -�2(,l e; E - n.p" PUBLIC FEARING LIST MATING LI51 fon: FILE / APO owNfn•S NAME MAILING ADWESS CITY. STATE Zi° :�/ �• a� � dar a' p � �c Cx � c� 7 ��� [��t�Qrdr C •• �5�c_.? 4-11-94 City of Lodi Jennifer M. Perrin City Clerk RCFI EO t �? F;9 2:59 Subject: Public Hearing Schedule for April 20, 1994. Nuisance and Order to Abate on the Property located at 1107 South Central Ave, Lodi Ms. Perrin I am co-owner of the property located at 1111 South Central Ave, next door to the above noted address. For at least the past year and possibly longer, the sewer line servicing 1107 has been left open on the south side of the property, directly next to the bedroom window of my house. I have for some time been attempting to contact the owner of 1107. I have left numerous messages for the owner with the tenants occupying the property asking him to contact me. I have also left messages at his office requesting him to correct the problem. He has not responded and the line remains open, sometimes allowing large amounts of raw sewage to pool in the side yard. I have also made several calls to the health dept, but still the problem continues. Since the sewage line appears to be very swallow, I have wondered weather the line was properly installed. I am assuming the line will not drain properly and that is why it is left open? I would appreciate any action you could take to remedy this problem. Singcerely, ,C !%l �/ �L., c:- Y {ton T f"nissen 4478 Winding River Cir. Stockton, Calif 95219-8258 x CITY OF LODI Carnegie Forum 305 West Pirie Street, Lodi NOTICE OF PUBLIC NEARING Date: April 20, 1994 Time: 7:00 p.m. For Information regarding this notice please contact: Jenider M. Perrin City Clerk Telephone: (209) 333-6702 NOTICE OF PUBLIC HEARING NOTICE 13 HEREBY GIVEN that on Wednesday, April 20, 1994 at the hour of 7:00 p.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. Information regarding this Item may be obtained in the office of the Community Development Director at 221 West Pine Street. Lott, 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 tr 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 dcscribed in this notice or in written correspondence delivered to tho City Clerk. 221 West Pine Street, at or prior to the Public Hearing. By Order of the Lodi Cityr Council: db ni er M. ,earn ty Clerk Dated: March 16, 1994 A�roygo as to iprm: Bobby W. McNatt City Attorney GLRRd OAM NOT•:E D:.C. y! W.4 ENDER: • Complete items 1 tand/or 2 for additional aarvkaa• • Complete items 3, and a A It. S r Pritt your name wW address on the reverse of this form w that we can g mtum leis card to You. i r Attach tfda form to the trout of the mailpisce, or on the beck if apace .�, does not permit. Write--Retum Receipt Requested" On the rnaiipace below the aniclQ number • The Return Receipt win show to whom the article was de: -aped and the date C delivered. 1 also wish to receive the following services Ifor an extra fee): - 1. ❑ Addressee's Address 2. ❑ Restricted Delivery 3. Article Addressed to: 4a. Article Number $ P2511! Faisal Sublaban 4b. Service Typ 1906 lbval Crest )rive D Registered �i r CA 95242 0 Certified ' ❑Express Mail 7. a of 5elu fz~ 5. Signature (Addressee) B. Addressee's and tee is paid) 1 B. Signature (Agent) >A 968 star for fee. 0 Insured ❑ COD Q Return Receipt for Mer handise dress (Only if requested I = pg Form11. December 1991 o u.s.ap.o. - 19w-307•sv DOMESTIC RETURN RECEIPT UNITED STATE IA4'_* tY.W ID -1712 04-23-9 Official Business PENALTY FOR PRIVATE USE TO AVOID PAYMENT 10 OF POSTAGE. 5300 Print your name, address and ZIP Code here Jerudfer M. Perrin, City Clerk P.O. Box 3006 Lodi, CA 95291 April 21, 1994 Mr. Faisal Sublaban 1906 Royal Crest Drive I,odi, CA 95242 Dear Mr. Sublaban: RE: Appeal - Notice of Public Nuisance and Order to Abate 1107 South Ctantral Avenue THOMAS A. PETERSON City Manager JENNIFER M. P ERRIN City Clerk BOB McNAI I City Attorney At its meeting of Wednesday, April 20, 1994 the Lodi City Council conducted a public hearing on your appeal regarding Notice of Public Nuisance and Order to Abate issued by the Chief Building Inspector regarding property at 1107 South Central Avenue. At the conclusion of the public hearing, the City Council, by a 3 to 1 vote, denied your appeal. This action reinstates the Notice of Public Nuisance and Order to Abate dated January 29, 1994 and you are hereby directed to conform with all requirements of that order. The illegally converted structure shall be vacated by midnight, Tuesday, May 31, 1994. Necessary permits for the demolition and the return of the structure to a residential garage shall be acquired from the Chief Building Inspector. Sincerely, Jfplu. ch>!oeder y City Clerk cc: Chief Building Inspector Community Development Department JBS:jh Enclosure { CITY COUNCIL ; JACK A. SIEQOCK, Mayor CITY OF L O D I STEPHEN I MANN Mayor Pro Ternpnre CITY IiAll. 221 WEST PINE STREET RAY G DAVENPORT I' O [)OX 1(X16 PFIILLIP A PENNING LODI. CALIFORNIA 95241.1910 JOHN R (Randy) SNIDER (409) 334.5633 FAX (209) ))16795 April 21, 1994 Mr. Faisal Sublaban 1906 Royal Crest Drive I,odi, CA 95242 Dear Mr. Sublaban: RE: Appeal - Notice of Public Nuisance and Order to Abate 1107 South Ctantral Avenue THOMAS A. PETERSON City Manager JENNIFER M. P ERRIN City Clerk BOB McNAI I City Attorney At its meeting of Wednesday, April 20, 1994 the Lodi City Council conducted a public hearing on your appeal regarding Notice of Public Nuisance and Order to Abate issued by the Chief Building Inspector regarding property at 1107 South Central Avenue. At the conclusion of the public hearing, the City Council, by a 3 to 1 vote, denied your appeal. This action reinstates the Notice of Public Nuisance and Order to Abate dated January 29, 1994 and you are hereby directed to conform with all requirements of that order. The illegally converted structure shall be vacated by midnight, Tuesday, May 31, 1994. Necessary permits for the demolition and the return of the structure to a residential garage shall be acquired from the Chief Building Inspector. Sincerely, Jfplu. ch>!oeder y City Clerk cc: Chief Building Inspector Community Development Department JBS:jh Enclosure SENDER: Complete Items I andfor 2 for additional services. Complete Items 3. wed as A te. • Print vow name " tedelpoes an the re"foo of this form to that we can return two cord to you. Attach this tam to the front or the rna#ploce. or on the back 0 space Do$ not permit. • Weltol -Rolum Receipt Requested" on the RVISPIfte below the article rKwnbor • The Astum Race" *111 show to while the article was delivered PW the date S. 3. Article Addressed to: 48. A; P' I also wish to receive the following services (for an extra fee): 1. 11 Addresses** Address 2. 0 Restricted Delivery 101- 6. Signature (Agent) PS Form 3811, December 1991 * us-QP0-:I"2-30?-WG DOMESTIC RETURN RECEIPT C. C cc M Cr0 -0 IT - a G1 C to cr 0 0 z 0 Ln ru rL Faisal Sublaban 4b. Service Type 1906 Royal Crest Drive 0 Registered 0 insured to (a Lodi, CA 95242 ®Certified 0 coo ul 0 Express Mail 0 Receipt for = cc ndlot 7. Date of Delivery oc 5. Signature (Addresses) S. Addressee's Address (Only It requests and tel Is paid) 101- 6. Signature (Agent) PS Form 3811, December 1991 * us-QP0-:I"2-30?-WG DOMESTIC RETURN RECEIPT C. C cc M Cr0 -0 IT - a G1 C to cr 0 0 z 0 Ln ru rL 1661 ounr oose tusoj sd eb 1661 ounr oose tusoj sd e� Ay I�A � 1 9 1 1 ? t"��R�s1x�,♦ �Ldit 7 � � May 18, 1994 CERTIFIED MAIL Mr. Faisal Sublaban 1906 Royal Crest Drive Lodi, CA 95242 Dear Mr. Sublaban: RE: 1107 South Central Avenue The postscript to your letter of April 22, 1994 states: "I would like to also file for re -consideration at this time." We presume that you are referring to the City Council's denial of your appeal regarding Notice of Public Nuisance and Order to Abate issued by the Chief Building Inspector regarding property at 1107 South Central Avenue. The Lodi Municipal Code does not provide for reconsideration. As you were informed, after the City Council's denial on April 20, 1994, your only recourse is through the Superior Court. Sincerely, � 1 �r ,lAM S 7B.'�SC HROEbER ko*unity Development Director cc: City Attorney City Clerk CITY COUNCIL _% THOMAS A PETERSON JACK A. SIEGLOCK. Mavoc CITY OF L O D I CS PE Manager STEPHEN I. MANN JENNIFER •�t lty CClerk rtv Mayor Pro Tempore RAY C DAVENPORT CITY FIAII 221 WEST PINE STREET 808 MCNATT PHILLIP A- PENNINO P O BOX 3006 City Attornev LODI. CALIFORNIA 95:41-1910 JOHN R (Randv) SNIDER (209)334-5634 FAX Q01 IMb.79% May 18, 1994 CERTIFIED MAIL Mr. Faisal Sublaban 1906 Royal Crest Drive Lodi, CA 95242 Dear Mr. Sublaban: RE: 1107 South Central Avenue The postscript to your letter of April 22, 1994 states: "I would like to also file for re -consideration at this time." We presume that you are referring to the City Council's denial of your appeal regarding Notice of Public Nuisance and Order to Abate issued by the Chief Building Inspector regarding property at 1107 South Central Avenue. The Lodi Municipal Code does not provide for reconsideration. As you were informed, after the City Council's denial on April 20, 1994, your only recourse is through the Superior Court. Sincerely, � 1 �r ,lAM S 7B.'�SC HROEbER ko*unity Development Director cc: City Attorney City Clerk CITY COUNCIL JACK A. SIEGLOCK, Mayor CITY OF L O D I STEPHEN 1 MANN Mavor Pro Tempore RAY G. DAVENPORT CITY HAII.:21 WEST PINE STREET PHtIIIP A. PENNING PO BOX 300bOER LODI, CALIFORNIA 95241.1910 IOHN R. (. PEN N 1209) 334.5634 F 4% Q091 111 DT9S May 19, 1994 CERTIFIED MAIL Mr. Faisal Sublaban 1906 Royal Crest Drive Lodi, CA 95242 Dear Mr. Sublaban: RE: Notice of Public Nuisance and Order to Abate Illegally Converted Residential Garage 1107 South Central Avenue THOMAS A PETERSON CoN Manalter 11NNIFER M PERRIN C-tv Clerk BOB N1cNATT C-tv Atlornev This letter is a reminder that the automobile garage illegally converted to a dwelling unit at 1107 South Central Avenue (APN 047-080-22) has been ordered vacated by midnight, Tuesday, May 31, 1994. The Chief Building Inspector or his designee will post the premises as unfit for human occupancy on Wednesday, June 1, 1994. If you, as owner of the property, permit the illegal converted structure to be used as a residential dwelling beyond May 31, 1994, you may be subject to prosecution. Sincerely, 0 JAM�SCHROLDER `1',Ommunity Development Director cc: Chief Building Inspector City Attorney City Clerk