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HomeMy WebLinkAboutAgenda Report - August 5, 1992 PH (16)or u'CITY OF LODI (1 ,. AGENDA TITLE: f, ;]der tht- iPcf rec_eivr:d frog ,Ice (Bark) tow+,iollo r�o°rdinq C iCi of VuL i giant t, nn,t 0rdet, to Abate Pr-npt,rP.y } c" d t 4 Sierru V i s I a P' ;_t:, Lodi iS,;vod I:� uanles ii, ifsstE'h"5, :iVC' Er`orcement Dffirer or Apr i': MEETING DATE: Auctus t 5, I??? PREPARED RY: Coavnunity DPveioPine nt I*1-f,rtor- RECOMMENDED ACTION: that the City CocrnciI conduct. a Pub Iis flea rinsr to consider the appeal re eived from Joel (Mark) Nrwtit,ld regarding Notice of public Nuisance and Irder to Ahatc, property locates# at 4 Sierra Vista Placa, Lodi issued by James IH. SieHers, Cole enforcement Officer, on April 2, 1992. BACK6ROUIND INFORMATION: Sometime in 1991 the strrage st••ucture 8t 4 Sierra Vista Place was OAmagPsi by fire. On Januaty 3, 1992, Code rn E.nforceent Officer James H. Sieniors w i th assistance inspected tri prPnr`ses and ordered the buiisiinct abated. THP SdntPI order was issued again on April 2, 1992. Between these two dates the property 6wnrr, ,ioe (Mark) Newfield caused repairs to be made to the dam�gcd structure but dild rtt.t present the City plans for the work nor did he ac,'Oire necessary construction permits. After the City Clerk received Mr. Newfirld's appeal, the Corar4onit,• Development Director contacted him and suggested Omt he present engineered plans and acquire permits which would nul iif_v the Ahatr!nient Order. As of this writing, glens havt* not been submitted. Without engineered plans and inspc(' cons, the Building Dlvisioni has no means of determining i- the work performed by the ;;wner h•)c made tho struk:ture refe anti ill compliance with codes. FUNDING: None required. JBS/cg Attachments APPROVEDh-C? ' CCCD92.16/TXTD.0IC 0C nes B. Schra er rr,munity Development P� ector Tt4OMAS A PETERSON u Crty MP lager I�CYC4i0 p10�' Lodi City C7u,�ci l 221 W. eine Street inch, Ca_ 55240 Dear Council Viers, R r D 2, INNW KPA21urn QEYf E: a �EkT April 30, 1992 On April 2, 1992 I was nwi.led an Xxitament order on a building that Iat 4 Sierra Vista Place. The b7 ilding was partially damaged b�- fire last simmer an,l since then has been repaired. I had Mike Smith inspect the building and he agreed with me that phis build- ing did NQS need demolition - ,gals is a storage only building that requires no city utilities. It is also axrpletly fenced a—n-TTocked at all. times as I only 5wre personal iteft which require mi.►zimal attention. Please accept my appeal and lift this dew li tion order as it could prtrre quite costly for me trj further appeal, or worse yet, dmol,ish a useful building. Sincerely, rNva-wfield w's t i k re is"M, _ h. I F; IZILIU - ; 15 Apr 1992 Mark Newf iota P0.Box 0 WocMrlo�e, CA 95258 Deer Marr Having inspectedyot!r fire dxneged storage building on South Sacramento Stf-eet Dere town, have concluded that this structure can be salvaged. t you were to nave your contractor replace th^ more severely damaged members. and install additftal studs ar>v rafters re.ext to t that are not completely burned, this structure could be as structurally sound as it was bef the fire. This repair work sold rot require a vsry !arge amount of time or money to push If you require any additional wit= would like to discuss this subject further, fell free to dray in or call. Slrr..er•ely: UL/ Michm) W. Smith R.C.C. Nm 44590 Mir E SMITH EKINEERtNQ i CJ Ex;. -31,93 OF ;,L�� r CITY COUNCIL JAMES'f PtNKERTON. n avw PHILLIP A. PENNINO Mayor Pro --Pore DAVID M. HINCHMAN OCK A- NEGLOCx JOHN R_ ;Randyl SNIDER April 2, 1992 Kirk Newfield PO Box Q Woodbridge. CA 95258 CITY OF LOOT CITY HALL. 221 WEST PINE STREET ...0 BOX 3006 LOCA, CALIFORNIA 95141-19112 (204) 3345634 FAX 12" 111i7K CERTIFIED MAIL NOTICE CF PUBLIC NUISANCE AND ORDER TO ABATE THOLMA5 A. PETERSON AHCE SA ItEtmc- E wary Clerk a09 W.NAI-f NOTICE OF PUBLIC NUISANCE Public records indicate that you are the current legal owner of tl�e real and improved property i n the City of Lodi, County of San Joaquin, State of California described as follows: Assessor Parcel No. 045-250-21. Said property is more commonly known as 4 K Sierra Vista ?lace. As the property owner, you are hereby notified that the urdersignid 5uilcing Official of the City of Lodi has inspected said property and declare.? is to be a PUBLIC NUISANCE as defined and prescribed for by Section 202 et seq of the Unsafe B01ding Abatement Code of the City of Lodt INSPECTIONS AND,-MLATIONS Cr! January 3, 1992. the Building Official caused said property tol be inspected. The following violations Were discovered: 1 Finding: Building has been damaged by fire. This existing condition is in direct violation of Section 30P, s. paragraph 4. of the Unsafe Building Abatement Code of the City of Lodi which reads: V Kewf i e l d (92-0002) April 2. 1992 page 2 Dangerous Building Sec.302. For the purpose of this code, any building or structure which has any or a I I of the conditions or defects hereinaf-er described shall be deemed to be a dangerous building, provided that such conditions or defects exist to tte extent that the life, health, property cr safety of the public or its Occupants are endangered: 4. Whenever any portion thereof has been damaged by f i r� , earthquake, wind. flood or by any other cause, to such an extent that the structural strength or stability thereo.7 is materially less than it was before such catastrophe and is less thdn the minimum requirements of the Building Code for new buildings of similar structure, purpose or location. DETERMINATION i As a result of the foregoing violations, the undersigned Building bfficial has declared the property to be a PUBLT, YUISANCE and has therefore made me following determination: (a) The structure on the property in question shall be demolishedl and the property cleared of rubbish and debris. Demolition work shall be ubject to the review of the Building Official in accordance with provisions set forth in Section 4409 of the Building Code of the City of Lodi. Appropriate demolition permits shall be obtained from the City of Lodi prior to the commencement of any work required herein. Al l demolition work required herein shall begin within 30 days of �he date of this Notice and shall be completed within 45 days of the date of this Notice. In al I cases, the required work is subject to the inspection and final approval of the Building Official. ORDER TO ABATE Pursuant to Section 201 of the Unsafe Building Abatement Code of Ithe City of Lodi. this Notice constitutes an ORDER to you, the owner of th4 property in question. TO ABATE the substandard conditions listed herein i n a manner and within the times determined above. Newf ie?d (92-0002 ) April 2, 1992 Page 3 APPEAL Property owners, or those with legal interest in the property who aie served with this Notice may anneal the same to the City Council of the City of Lodi under Section 501 et seq of said Unsafe Building Abatement Code. Tie aoPeal shall 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. Failure of any person to file an appeal in accordance with Section �01 of the Unsafe Building Abatement Code shall constitute a waiver of his right to an administrative hearing and adjudicaticn of the notice and order br any portion thereof. FAILURE TO COMPLY In the event of your failure to comply with the requirements set forth above, the following may aPP1Y= 1. A citation shall be issued. 2. Any person violating the provisions of the building code, mechanical code. plumbing code, electrical code, or housi#q code is guilty of a misdemeanor for each day such violation contfnues. 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. uld you re re additional information, please contact this offite. Cr,rrU4.10 S H. SIEMERS SEi[ OCUIRS Officer cc: Community Development Oirector Chief Building Inspector City Attorney Fire Marshall ab,. rITY COUNCIL !,A W PINKERTON, Mayor PHILLIP A PENNINQ Mayor Pro Tempore DAVID M.I-HINCHMAN IACK A. SIEGLOCK iOHN R. (Randy) SNDM January 8, 1992 Mark Newfield PO Box 516 Woodbridge, CA 95258 CITY OF LODI CITY HALL. 221 WEST PINE STREET PO. SX 3006 LODI, CALIFORNIA 95241-1910 1209? 334-5634 wt 1209) 331-W95 CERTIFIED MAIL RE: Special Inspection 92-0002 4 W Sierra Vista Pl Lodi, CA 95240 THOMAS A. PETERSON CIV Manager ALICE M. REIMCHE City Clerk 808 WNATT City AIL ovy NOTICE OF VIOLATION A special inspection conducted on January 3, 1992 at the adove noted address, has revealed the following: VIOLATIONS 1. Building damaged by fire. DETERMINATION 1. Lodi Municipal Code; Section 15.28.010. The provisions bet forth in the "Uniform Code for the Abatement of Dangerous Buildings, 1988 Edition," are adopted as the unsafe building abatement code of the city. The unsafe building abatement code of the city applies in all matters pertaining to dangerous buildings which are in existence or which may be constructed in the city. As a result of the foreqoing violations, the following action is required: 1. Inspection by the building official has determined that !the building is dangerous as defined by the unsafe building abatemend code and is hereby declared to be a public nuisance and shall be abated by demolition or removal. `e Appropriate permits shall be obtained from the City of Lodi prior to the commencement of any work required herein: 1. Demolitinn a 1 Newfi e I d January 8. 1992 Page 2 A I I required permits are to be obtained within 30 days of the d& of this ;-.Otice, and the demolition i s to be completed within 90 days. In a I I cases, the required demolition i s subject to the inspection and final approval of the Building Division. Community Development Department, City of Lodi. FAILURE TO OCIVFLY In the event of your failure to comply with the requirements s4t forth ebove. 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 guilty of a misdemeanor for each day such violation conti nL-es . 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, 333-6711. H. SIEMER5 Enforcement Officer njl cc: City Attorney Chief Building Inspector please contact this office (209) DECLARATION OF MAILING On July 20, 1992 in the City of Lodi, San Jcaquin County, Ciali€ornia, 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 "L" attached hereto. There is a regular daily coaamir_ication by mail between the dity of Lodi, California, and the places to which said envelopes were addressed. I declare under penalty of perjur-/ that the foregoing is true ind correct. Executed on July 20, 1992. at Lodi, California. Alice M. Reimche City Clerk !tty iter `errin Ci y Clerk DBC#01/TXTA.FRM °` CITY OF LODI r CARNiEGIF: FORUM 305 We%t Pine Street. Lodi NO'" -'E OF OU13LIC FEARING' A'agust 5, 1992 Time: 7;30 p.m. For Information regarding this Public Hearing Please Contact: Alice M. Reimche City Clerk Telephone: 333.6702 NOTICE OF PUBLIC HEARING AUgUst 5, 1992 NOTICE S HEREBYGIVEN that on Wednesday. at the hour of 7:30 p -m-, or as soon thereafter as Ilia matter may be heard, the City Council will conduct a public hearing to consider the following matter: al Appeal received from Joe (Markt Newfield regarding Noticel of Public Nuisance and Order to Abate property located at 4 West Sierra Vista Place, Lodi issued by caries H. Siemers. Code Enforcement Officer. •r► April 2. 1992. Information regarding this item may be obtalned in Vie office lot the Community Development Director at 221 West Pine Street, Lodi. California. All interested persons are invited to presenttheir 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 doscribed 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. Reimche City Clerk Dated: June 3, 1992 Approved as to form: t BW. att City Attorney:' W APPEAL FROM NEWFIELD MAILING LIST EXHIBIT B Joe (Mark) Newfield P.O. Box Q Woodbridge, CA 95258 James B. Schroeder Comw Lenity Development Director DECLARATION OF MAILING On August 7, 1992 in the City of Lodi, San Joaquin County. dalifornia, I deposited in the United States :nail, 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 commurication by mail between the City of Lodi, California, and the places to which said envelopes were addreseed. I declare under penalty of perjury that the foregoing is true arnd correct. Executed on August 7, 1992, at Lodi., California. Alice M. Reimche City Clerk r� _t [-11 =-� chi �L Jenniferl.M. Perrin Deputy City Clerk DEC#D_/TXTA.FRM 4'Of CITY OF LODI �. CARNEGIE FORUM 305 West Pine Street, Lodi NC ;E 0F1 PUBLIC HEARING Date: September 14S, 19 7:30 p.m. Time: For information regarding this Public Hearing Please Contact: Alice M. R -lmche City Clerk Telephone: 333.6702 NOTICE OF PUBLIC HEARING September 16, 1992 NOTICE IS HEREBY GIVEN that on Wednesday, at the hour of 7,30 plm., or as soon thereafter as the matter may be heard, the City Council will conduct a continued public hearing to consider the following matter: 1 • Appeal received from Joe (Mark) Newfield regarding Notre of Public Nuisance and Order to Abate property located at 4 West Sierra Vista Place, Lodi issued by James H. Siemers, Code Enforcement Officer, on April 2, 1992. Information rogarding this item may be obtained in the office the Community Development Director at 221 West Pine Street, Lodi, Ca ifornia. All interested persons are invited to present their views and comments on th is 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 ralsing 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. B;, Order Of the Lodi City Council: Awl, Rei . e City Clerk Dated: August 5, 1992 Approved as to icrm: Bobby W. McNatt city Attorney APPF-AL FROM NEWFIELD MAILING LIST EXHIBIT 6 James B. Schroeder Joe (Mark) Newfield Community Development Director P.O. Box Q Woodbridge, CA 95258