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HomeMy WebLinkAboutAgenda Report - June 5, 1991 PH• � i OF a` CITY OF LODI COUNCIL COMMUNICATION %GENDA TITLE: Appeal of Fazal E. and Asman P. Khan of a Building Inspection Ord@f to Abate an Attached Garage Which Has Been Converted to a Livid Unit Without Permits or Inspections at 317 Hilborn Street M11 -II IG DATE: June 5, 1991 PREPARED BY: Community Dev-elorpr'1ftt. Dimetor RECOMMENDED ACTION: that the City Council set a Public Hearing for 7:30 p.m., Wednesday, July 3, 1991 to cans -!der the appeal of FaA&4 E. and Asman P. Khan of a Building Inspector's order to abate an attached garage which had been converted to a living unit without permit% or inspw9ion,_-.,t 317- Wlboia SlIGG . JBS/cg Attachment CCCD91.7/TXTD.01C a unity Development Director THOR @Y NtSh-AUrr TrawMa.. P CC -1 z CIT Y COUNCIL DAVID M. HINCHMAN. Mayor JANIES W. PINKERTON. Ir Mayor Pm Tempore PHILLIP A PENNINO JACK A. SIEGLOCK JOHNR. (Randy) SNIDER May 17, 1991 i:azal E&APKhan 317 E Hilborn St Lodi, CA 95240 Case Number: 910060 CITY OF LODI CITY HALL, 221 WEST PINE_ STREET P.O. EOX 3006 LODI, CALIFORNIA 95241.1910 (209) 334-5634 FAX(209)333-6795 CERTIFIED MAIL NOTICE OF PUBLIC NUISANCE AND ORDER TO ABATE NOTICE OF PUBLIC NUISANCE THOMAS A. PETERSON City Manager ALICE M. REIMCHE City Clerk BOB McNATT Citv Attorney Public records indicate that you are the current legal owner of the real and improved property in the City of Lodi, County of SanJoaquin, State of California described as follows: Assessor Parcel No. 047-193-25. Said property is more commonly known as 317 East Hii orn S treet, Lodi , San Joaquin County, California. 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 NUSANCE as defined and prescribed for by Section 202 et seg of the Housing Code of the City of Lodi. INSPECTIONS AND VIOLATIONS On May 17, 1991 the Building Official caused said property to be inspected. The following violations were discovered: 1. Finding: The detached garage at the north end of the property, adjacent to the alley, has been added to and converted to a living unit without permits or inspections. Khan (C910060) / May 17, 1997 page 2 This existing condition is in direct violation of Section 1001 (f) , of the Housing Code of the City of Lodi which reads: (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. This existing condition is in direct violation of Section 301.(a) of the Building Code of the City of Lodi which reads: (a) Permits Required. Except as specified in Subsection (b) of this section, no building or structure regulated by this code shall be erected, constructed, enlarged, altered, repai red , moved , improved, removed, converted or demol i she¢ unless a separate permit for each building or structure has first been obtained from the building official 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 i t s original use to the extent that it meets or exceeds the standards in t h e appropriate Code requirement listed above. (b) The structure on theproperty i n question shall be vacated until further notice of the Building Official. Vacation must be accomplished by June 17, 1991. 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 60 days of the date of this Notice and shall be completed within 90 days of the date of this Notice. In all cases, the required work is subject to the inspection and final approval of the Building Official. Khan (910060) W 17, 1991 Page 3 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 substand:.~d 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 seg of said Housin Code. The appeal should be i n writing an 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. FAILURE TO COMPLY In the event of your failure to comply with the requirements set forth above, the following may apply: 1. A citation shall be issued. 2. Any person violating the provisions of the building code, mechanical code, plumbing code, electrical code, or housing code is guilty of a misdemeanor 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 six months, or by both such fine and imprisonment for each violation. Should you require additional information, please contact this office. E S H. SIEMERS �e Enforcement Officer cc: Chief Building Inspector City Attorney Fire Marshall Melissa Rivera, tenant, 317 1/2 E Hilborn St. , Lodi, CA 95240 P 798 399 842 1Certified Mail Receipt' No Insurance Coverage Provided t■t■tttttttttt:� Do not use for international Mail o; (See Reverse) Sent to Asman P Street 8 No. 317 Hilborn P.O.. State 8 ZIP Code Lodi, CA 95240 Postage 0.29 Certified Fee 1-00 Special Delivery Fee t ReMicted 7errvery Fee . i Return Recalpi Showing . W to Whom 3 Data Delivered W Return Receipt Showing to Whorn. Date, 6 AddrPm W Dethery TOTAL Postage .$2.29 p & Fees 0 Postmark or Date EI6/10/91 P 1 / ✓J y 9 7 F`AL i Alvi' t J -- v7 - �/oo6a. ci .we �We� PL ASMf?N p 14yAN CITY COUNCIL THOMAS A PETERSON DAVID M. HINCHMAN. Mayor CITY O F L Q D I City Manager JAMESW PINKERTOK It ALICE M REIMCHE Mayor Pro Tempore City Clerk PHILLIP A PENNINO CITY HALL, 221 WEST PINE STREET BOB McNATT JACKA SIECLOCK P.O. EOX 3006 City Attorney JOHN R. (Randy) SNIDER LODt CALIFORNIA 95241-1910 (209) 334-5634 FAX (209) 333-6795 May 17, 1991 Fazai E&APKhan 317 E Hilborn St Lodi, CA 95240 Case Number: 910060 CERTIFIED MAl[, NOTICE OF PUBLIC NUISANCE AND .ORDER TO ABATE NOTICE OF PUBLIC NUISANCE 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 No. 047-193-25. Said property is more commonly known as 317 East HilbornStreet; Lodi, San Joaquin County, California. 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 seg of the Housing Code of the City of Lodi. INSPECTIONS AND VIOLATIONS Cn May 17, 1391 the Building Official caused said property to be inspected. The following violations were discovered: 1. Finding: The detached garage at the north end of the property, adjacent to the alley, has been added to and converted to a living unit without permits or inspections. Khan (C910060) W 17, 1997 page 2 This existing condition is in direct violation of Section 1001 M, ) , of the Housing Code of the City of Lodi which reads: (n) Ir proper 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. This existing condition is in direct violation of Section 301.(a) of the Building Code of the City of Lodi which reads: (a) Permits Required. Except as specified in Subsection (b) of this section, no building or structure regulated by this code shall be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted or demolished unless a separate permit for each building or structure has first been obtained from the building official. 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 use to the extent that it meets or exceeds the standards in the appropriate Code requirement listed above. (b) The structure on the property i n question shall be vacated until further notice of the Building Official. Vacation must be accomplished by June 17, 1991. 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 60 days of the date of this Notice and shall be completed within 90 days o f the date of this Notice. In all cases, the required wuk is subject to the inspection and final approval of the Building Official. Khan (910060) M' 17, 1991 Page 3 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 seg of said Housing Code. The appeal should be in wfiting 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. _. FAILURE TO COMPLY In the event of your failure to comply with the requirements set forth above, the following may apply: 1. A citation shall be issued. 2. Any person violating the provisions of the building code, mechanical code, plumbing code, electrical code, or housing code is guilty of a misdemeanor 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 six months, or by both such fine and imprisonment for each violation. Should you require additional information, please contact this office. �y y� Lam'/.jL� RES H. SIEMERS e Enforcement Officer cc: Chief Building Inspector City Attorney Fire Marshall Melissa Rivera, tenant, 317 1/2 E Hi lborn St. , Lodi, CA 95240 May 17, 1991 CERTIFIED MAIL NOTICE OF PUBLIC NUSANU AND ORDER TO ABATE Fazal E & A P Khan 317 E Hilborn St Lodi, CA 95240 Case Number: 910060 NOTICE OF PUBLIC NUSANU 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 No. 047-193-25. Said property IS more commonly kmmn as 317 East Hi 1 orr. Street; Lodi, San Joaquin County, California. r°s 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 seg of the Housing Code of the City of Lodi. INSPECTIONS AND NIOLATIONS On W 27, 1991 the Building Official caused said property to be inspected. The following violations were discovered: 1. Finding: The detached garage at the north end of the property, adjacent to the alley, has been added to and converted to a living unit without permits or inspections. - r CITY COUNCIL THOMAS A. PETERSON 'DAVID M. HINCHMAN. hlayor CITY OF L O D I City Manager ALICE M. REIhtCHE JAMES W. P!NKERTON. Jr. City Clerk Mayor Pro Tempore Pl?I=A. PENNINO CITY HALL. 221 WEST PINE STREET BOB McNATT JACKA. SIEGLOCK P.O. ]BOX 3006 City Attorney LODI, CALIFORNIA 95241-1910 JOHN R. (Randy) SNIDER (209) 334-5634 FAX (209) 333-6793 May 17, 1991 CERTIFIED MAIL NOTICE OF PUBLIC NUSANU AND ORDER TO ABATE Fazal E & A P Khan 317 E Hilborn St Lodi, CA 95240 Case Number: 910060 NOTICE OF PUBLIC NUSANU 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 No. 047-193-25. Said property IS more commonly kmmn as 317 East Hi 1 orr. Street; Lodi, San Joaquin County, California. r°s 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 seg of the Housing Code of the City of Lodi. INSPECTIONS AND NIOLATIONS On W 27, 1991 the Building Official caused said property to be inspected. The following violations were discovered: 1. Finding: The detached garage at the north end of the property, adjacent to the alley, has been added to and converted to a living unit without permits or inspections. 1-1 Khan (C910060) W 17, 1997 page 2 This existing condition is in direct violation of Section 1001 M, ) , of the Housing Code of the City of Lodi which reads: (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. This existing condition is in direct violation of Section 301-(a) of the Building Code of the City of Lodi which reads: (a) Permits Required. Except as specified in Subsection (b) of this section, no building or structure regulated by this code shall be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted or demolished unless a separate permit for each building or structure has first been obtained from the building official. A 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 i t s original use to the extent that it meets or exceeds the standards in the appropriate Code requirement listed above. (b) The structure on the property in question shall be vacated until further notice of the Building Official. Vacation must be accomplished by Jure 17, 1991. 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 60 days of the date of this Notice and shall be completed within 90 days of the date of this Notice. In all cases, the required work is subject to the inspection and final approval of the Building Official. Khan (910060) W 17, 1991 Page 3 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 seg of said Housing Code. The appeal should be in writing and sub ed tote City Council, in care of the City Clerk (221. West Pine Street, Lodi, CA 95240) , within 30 days of the date of this Notice. FAILURE TO COMPLY In the event of your failure to comply with the requirements set forth above, the following may apply: 1. A citation shall be issued. 2. Any person violating the provisions of the building code, mechanical code, plumbing code, electrical code, or housing code is guilty of a misdemeanor 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 dotlars, or by imprisonment not to exceed six months, or by both such fine and imprisonment for each viotation. Should you require additional information, please contact this office. , lAES H.SEMERS &Enforcementrcement Officer cc: Chief Building 'Inspector City Attorney Fire Marshall Melissa Rivera, tenant, 317 1/2 E Hi 1born St. , Lodi, CA 95240 WORA►: 1�\ 1 ►I:I I\. a June 10, 1991 in the City of Lodi San Joaquin County, California, l deposited in the United States mail, 9 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. DEC/01 TXTA.FRM • jos CITY bir" LODI CARNEGIE FORUM 305 West Pine Street, I,odi r NOTICE OF PUBLIC HEARING Date: July 3, 1991 `Time: 7:30 p.m. For information regarding this Public Hearing 1 Please Contact: Alice M Reimche City Clerk Telephone: 333.6702 NOTICE OF PUBLIC HEARING July 3, 1991 NOTICE IS HEREBY GIVEN that on Wednesday, at the hour of 7:30 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 Asman P. Khan regarding Notice of Public Nuisance and Order to Abate issued by James H. Siemers, Code Enforcement Officer, Community Development Department, for the property located at 317 Ili i born. All interested persons are invited to present theirviews 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: 'Alice M. heimche 6 -J'1 ---City Cleric Dated: June 5, 1991 Aporoved as o form: Bcbby W. McNatt City Attorney ASMAN P. KHAN APPEAL MAILING LIST EXHIBIT B Jim Schroeder Community Development Director Jim Siemers Code Enforcement Officer