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HomeMy WebLinkAboutAgenda Report - April 17, 2002 E-09 PHCITY OF LORI COUNCIL COMMUNICATION AGENDA TITLE: Set a Public Hearing for June 5, 2002 to consider an appeal from Chris and Pauline Gianulias regarding Notice and Order to Repair issued for the property located at 100 N. Cherokee Lane, Lodi. MEETING DATE: April 17, 2002 PREPARED BY: Community Development Director RECOMMENDED ACTION: That the City Council set a Public Hearing for June 5, 2002 to consider an appeal from Chris and Pauline Gianulias regarding Notice and Order to Repair issued for the property located at 100 N. Cherokee Lane, Lodi, California. BACKGROUND INFORMATION: Chris and Pauline Gianulias are the owners of record for the property located at 100 N. Cherokee Lane, a commercial property on which there are two large timber -framed buildings. While following up on a code enforcement issue at this property, Community Improvement personnel noted severe and extensive deterioration and decay to several of the exposed timber rafter tails. Those conditions warranted the building to be deemed dangerous per the Uniform Code for the Abatement of Dangerous Buildings. Pursuant to that code, a Notice and Order to repair was issued, requiring that the property owner take specific action to remove and replace the deteriorated material in an approved manner within specific time frames. Mr. Gianulias contends that the ordered repairs or corrections in that Notice are not based on any fact that involves the structural integrity of the buildings. Mr. Gianulias' appeal to the City Council as our Board of Appeals was filed in a timely manner and in accordance with the requirements of the Uniform Code for the Abatement of Dangerous Buildings and the Lodi Municipal Code. The Public Hearing was originally intended to be set for the first available meeting, which would have been May 1' , however, Mr. Gianulias requested that the Public Hearing be set for the first meeting in June. Staff has honored that request. FUNDING: No funding required. *�S� Konradt Bartlam Community Development Director Prepared by Community Improvement Manager Joseph Wood KBlw c: City Attorney Chris and Pauline Gianulias Tenants: 100 N. Cherokee CON0nJiNTTY DEVELOPMENT DEPARTMENT APPLICATION FOR APPEAL BEFORE THE LODI CITY COUNCIL SUBJECT ADDRESS OF APPEAL: 1 CO 0 Gam ' Y.s`C 1,1\64E "A. `[c (S) .SND OFFIC�(AL MAILING�DRESS._ES) OF A?,? LLiNT(S): G r (.7 „ rt /. ti ,v If ra,�^ l 0 Additional Names ;awed 3Rr rs L. P OF INTEREST IN T -%M SL tCT ADDRESS: 1- 0 Cominued On Additional Page 3R=i S"ii �1.77V. `7T OF TIRE ORDER OR AEON PROTESTED. TOGc :: s cR WT—11i ANY ✓(ATRIAL FACTS CLALND TO SUPPORT THE CONT'EN`,-lON OF , -z APPELLANT(S): ` - 0 Conoaued On :Additional Page 3R r? STATEMENT OF i rlE RELIEF SOUGit i AND TIRE. RErASONS W cf- Y i: iS CUXMMD i rIE PROTE St nD ORDER OR ACTION 3MOUM BE :Z.V ERS eD, MODIFIED OR O i HERWiSE SEI: A SME. 2 0 Cou=uad On Additional Pages I 1DEcL UNDER. P . OF ?ERJU.2Y THAT TAM INFOR.NIATION ?ROVIDED IN THIS APPLICATiON.F R APPEAL IS TRUE AND CORRECT. 4y - SIGNATURE DATE SIGNATLPRES OF ALL PARTIES NAbIED AS :?PELL.ANTS: DATE: Q 11 107t 5250.00 FEE PAID: i! TIME: -4'--D0 ``A Chris & Pauline Gianulias 3220 Province Towne Court Modesto, CA 95355 March 28, 2002 Nancy Baker City of Lodi Community Development Department U: Appeal ofnotice:and order.under UE.A.D.B. Section 40.1 We have a sufficiency of facts to make a reasonableinference that this order and notice by the community Development Department is not based on any fact that involves the structural integrity. of this buildings but was issued for capricious,. arbitrarily, malicious and vindictive causes. The insurance .carrier insuring this property for the last five years has stated the building is in good condition. Farmers &Merchants Bank is carrying a loan on this building and has not found any. apparent structural problems. Nancy Baker and JosephWoodwere asked by Chris Gianulias if they were licensed structural engineers o' licensed contractors. They both replied they had no such credentials. Chris Gianulias .asked both'Nancy Baker -and Joseph_ Wood.if he. could be provided with a statement from a qualified person.that this notice and. order was valid for the replacemeiit of the. entire ceiling and roof. None was provided. This order is vindictive in that one of the tenants has previously brought a cause of action against the City of Lodi and prevailed. In addition another tenant voiced complaints against City of Lodi inspector who was terminated. This order is malicious, oppressive, intimidating , and threatening being subject to a violation of Title XI, 11.6, Section 422.6 (a) "No person, whether or not acting under .color of law, shall by force or threat, willfully injure, intimidate, interfere with, oppress, or threaten any other person in the free exercise or enjoyment of any right or privilege secured to him or her by the'Constitution or laws of this state or by the Constitution of laws of the United States because of the other person's race color, religion, ancestry, national origin, disability, gender, or sexual orientation. Or because he or she perceives that the other person has one or more of those characteristics." The Arab Muslim grocery store owner along with Chris and Pauline Gianulias and the remaining tenants are perceived as being "non American" too ethnic, not wanted in the .City of Lodi's population mix which compared to Sacramento and Stockton would be and is considered more "racially and ethnically pure" by its own citizens and surrounding cities.. Segregated by specific plan and design cloaked under the " Community Development Department". A reasonable person would conclude that the true purpose of this order is to force the tenants and the owners to leave Lodi to further segregate Lodi. This malicious, arbitrary, capricious and unlawful order and.notice by the City Of Lodi's Community Development Department is. ordering us to remove the entire roofs which include the 8" X 8". support. beams of three buildings. which are 10,500 square feet at a possible cost of :four million dollars. It would cost up to ten million dollarsao indemnify the tenants for their forced closure of up, to two years. No valid facts have been provided by Nancy Baker or. Joseph Wood to destroy this building:.Nancy.Baker and James Wood. have no valid knowledge.or expertise in this field. The true intent of this order which a reasonable. person would consider outrageous- and reckless. conduct, is to inflict severe. emotional distress. upon Chris and Pauline Gianulias for being ethnic and having ethnic tenants. The City of Lodi by its malicious., capricious and arbitrary order is inflicting irreparable and permanent injury to this property to such an extent which is subjecting.this property to total destruction without making any compensation. Case law would hold that this is a "taken" without compensation. This unlawful "taken" would cost Chris and Pauline Gianulias over twenty million dollars. We. request all copies of all notices of City of Lodi violations as to residential and commercial code violations, mailed or served by all of the departments having authority to do so for the preceding ..ten years. Also all copies of all appeals against the City of Lodi for the preceding ten years. For our appeal on this notice and order we would, please. request an extension of time of six months in order to thoroughly investigate the documents we have requested and also for additional documents from City of Lodi, interrogatories, and depositions. Chris. Gianulias ITY COUNCIL HILLIP A. PENNING, Mayor USAN HITCHCOCK, Mayor Pro Tempore MILY HOWARD EITH LAND LAN S_ NAKANISHI CITY OF LODI CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241.1910 (209) 333.6702 FAX (209) 333.6807 citycirk@lodi.gov Chris and Pauline Gianulias 3220 Province Towne Court Modesto, CA 95355 April 18, 2002 H. DIXON FLYNN City Manager SUSAN J. BLACKSTON City Clerk RANDALL A. HAYS City Attorney MAILED CERTIFIED MAIL #7000 1670 0008 4483 1029 AND REGULAR U.S. POSTAL DELIVERY RE: PUBLIC HEARING SET FOR JUNE 5, 2002 TO CONSIDER AN APPEAL FROM CHRIS AND PAULINE GIANULIAS REGARDING NOTICE AND ORDER TO REPAIR ISSUED FOR THE PROPERTY LOCATED AT 100 N. CHEROKEE LANE, LODI This letter is to notify you that a Public Hearing will be held by the City Council on Wednesday, June 5, 2002, at 7:00 p.m., or as soon thereafter as the matter can be heard, at the Carnegie Forum, 305 W. Pine Street, Lodi. This hearing is being held to consider your appeal regarding the Notice and Order to Repair issued for your property located at 100 N. Cherokee Lane, Lodi. If you challenge the proposed action 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 Council at, or prior to, the public hearing. Note: Written correspondence for the City Council may be mailed in c% the City Clerk's Office, P.O. Box 3006, Lodi, CA 95241-1910, or delivered to the City Clerk at 221 West Pine Street, Lodi, California. All proceedings before the City Council are conducted in English. The City of Lodi does not furnish interpreters, and, if one is needed, it shall be the responsibility of the person needing one. Should you have any questions, please contact Community Improvement Manager Joseph Wood in the Community Development Department at (209) 333-6823. Sincerely, Susan J. Blackston City Clerk SJB/JLT Enclosures cc: Community Development Director pubhcarhioliccs/LappcalLlr.doc � y 7 �O U 1 FO)e' DECLARATION -1 POSTING Set Public Hearing for June 5, 2002 Consider appeal from Chris & Pauline Gianulias regarding Notice & Order to Repair issued for the property located at 100 N. Cherokee Lane, Lodi On Thursday, April 18, 2002 in the City of Lodi, San Joaquin County, California, a copy of Notice of Public Hearing of the City Council of the City of Lodi to consider appeal from Chris & Pauline Gianulias regarding Notice & Order to Repair issued for the property located at 100 N. Cherokee Lane (attached hereto, marked Exhibit "A") was posted at the following four locations: Lodi Public Library Lodi City Clerk's Office Lodi City Hall Lobby Lodi Carnegie Forum declare under penalty of perjury that the foregoing is true and correct. Executed on April 18, 2002 at Lodi, California. ORDERED BY: SUSAN J. BLACKSTON CITY CLERK Jennifer M. Perrin Deputy City Clerk forms\decpost.doc •. CITY OF LODI Carnegie Forum s • • 305 West Pine Street, Lodi NOTICE OF PUBLIC HEARING Date: June 5, 2002 Time: 7:00 p.m. For information regarding this notice please contact: Susan I Blackston City Clerk Telephone: (209) 333-6702 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Wednesday, June 5, 2002 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 at the Carnegie Forum, 305 West Pine Street, Lodi, to consider the following matter: a) an appeal from Chris and Pauline Gianulias regarding Notice and Order to Repair issued for the property located at 100 N. Cherokee Lane, Lodi, California. Information regarding this item may be obtained in the office of the Community Development Department Director, 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: Susan J. Blackston V i City Clerk Dated: April 17, 2002 Approved as to form: 44'4a Randall A. Hays City Attorney J:%CtTYC1.RK\FORMS\Nc10rderWood.doc 4118IO2 cis' two FODECLARATION OF MAILING Set Public Hearing for June 5, 2002 Consider anneal from Chris & Pauline Gianulias regarding Notice & Order to Repair issued for the property located at 100 N. Cherokee Lane, Lodi On April 18, 2001 in the City of Lodi, San Joaquin County, California, I deposited in the United States mail, envelopes with first-class postage prepaid thereon, and additionally, United States certified mail envelopes with first-class postage prepaid thereon and indication of return receipt requested, containing a letter of notification, a copy of which is 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 April 18, 2001, at Lodi, California. ORDERED BY: decmailltr/forms ORDERED BY: SUSAN BLACKSTON CITY CLERK, CITY OF LODI JENNIFER M. PERRIN DEPUTY CITY CLERK MAILING LIST Set Public Hearing for June 5, 2002 to consider appeal from Chris and Pauline Gianulias regarding Notice and Order to Repair for the property located at 100 N. Cherokee Lane, Lodi Owners of Record: Chris and Pauline Gianulias 3220 Province Towne Court Modesto, CA 95355 Property Tenants: Franco's Pizza 100 N. Cherokee Lane Suite #1 Lodi, CA 95240 Valley Telephone 100 N. Cherokee Lane Suite #2 Lodi, CA 95240 APNA Mart 100 N. Cherokee Lane Suite #3 Lodi, CA 95240 Havatan 100 N. Cherokee Lane Suite #6 Lodi, CA 95240 Note: Suites 4 & 5 are either vacant or combined and therefore have not been designated as a part of this mailing list at the direction of the Community Improvement Manager.