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HomeMy WebLinkAboutAgenda Report - September 4, 1991 PH (7)of CI�F L,(�[)� COUNCIL COMMUNICATION AGENDA TITLE: Appeal of Notice of Public Nuisance and Abatement Order Dated August 15, 1991 Regarding Property Located at 217 East Lockeford Street, Lodi NEEENG DATE: September 4, 1991 PREPARED BY: City Clerk RECOMMENDED ACIM- That the City Council, by motion action, set for public hearing on September 18, 1991 the appeal received from Attorney -at -taw John C. Pyle representing Muzafar Khan regarding the Notice of Public Nuisance and Abatement Order, dated August 15, 1991 concerning the property at 217 East Lockeford Street, Lodi. ..BACKGROUND INFORMATION: On August 15, 1991 the Fire Department issued a Notice of Public Nuisance and Abatement Order for a structure located at 217 East Lockeford Street, Lodi. The attached appeal marked, "Exhibit A" has, been received from John C. Pyle, "; torney-at-Law who is representing the prope* ty owner Muzafar Khan. it is recommended that this matter be set for public hearing September 18, 1991, A copy of the subject Notice of Public Nuisance and Abatement Order, marked "Exhibit B", is attached for your information. FUNDING: None required. .1 AMR / imn APPROVED: x I THOMAS A. PETERSON .R«.�.. City Manager J COUNC091/TXTA.02J/COUNCOM cc•t r JOHN C. P��1YLE _'&'ney at L . 104 NORTH SCHOOL STREET. SUITE 209 LODI, CA. 95240 TmEpHon¢ (209) 33-1771 22 August 1991 Notice of Public Nuisance and Abatement Order, dated Aug. 15, 91 217 East Lockford Street, Lodi, CA 95240 Clerk City- of. Lodi 221 West Pine Street r Lodi,, CA 95240 Madame Clerk: I have been retained by Mr. Muzafar Khan, the owner of the above ref- . erenced property, regarding the notice as hereinabove. Mr. Khan wishes to - appeal to the.,City Council so that he may have the opportunity ,to bring the.. building into conformity with the city code, and other appropriate building and fire codes. Thank you for, your prompt attention to this matter. Please notify this office when the matter will be calendared for consideration by the council. r Very truly yours, IHN'C. PY V cc: Muzafar Khan 439 Murray Street Lodi, CA 95240 r ��hv 1E r t 1 _ t Re: r JOHN C. P��1YLE _'&'ney at L . 104 NORTH SCHOOL STREET. SUITE 209 LODI, CA. 95240 TmEpHon¢ (209) 33-1771 22 August 1991 Notice of Public Nuisance and Abatement Order, dated Aug. 15, 91 217 East Lockford Street, Lodi, CA 95240 Clerk City- of. Lodi 221 West Pine Street r Lodi,, CA 95240 Madame Clerk: I have been retained by Mr. Muzafar Khan, the owner of the above ref- . erenced property, regarding the notice as hereinabove. Mr. Khan wishes to - appeal to the.,City Council so that he may have the opportunity ,to bring the.. building into conformity with the city code, and other appropriate building and fire codes. Thank you for, your prompt attention to this matter. Please notify this office when the matter will be calendared for consideration by the council. r Very truly yours, IHN'C. PY V cc: Muzafar Khan 439 Murray Street Lodi, CA 95240 Exhibit "8" CITY OF LODI FIRE DEPARTMENT FIRE PREVENTION BUREAU 217 WEST ELM STREET LODI, CALIFORNIA95240 (209) 333-6739 NOTICE OF PUBLIC NUISANCE AND ORDER TO ABATE August 15, 1991 Mr. Muzafar Khan Dear Mr, Khan: RE: 217 .EA—.. E0EKEFOR10 STREET, LODI APE OF PUBLIC NUISANCE Public records indit at 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. 041-220-0001. Said property is more commonly known as 217 East Lockeford Street, Lodi, CA. 95240. As the property owner, you are hereby notified that the undersigned Fire Marshal of the City of Lodi has inspected said property and declared it to be a PUBLIC NUISANCE as defined and prescribed for by Section 2.201(b) of the Fire Code of the City of Lodi, INSPECTIONS AND VIOLATIONS On August 15, 1991, the undersigned Fire Marshal caused said property to be inspected. The following violations were discovered: 1988 UNIFORM FIRE CODE Sec. 2.201. (b) A 1 1 buildings or structures which are structurally unsafe or not provided with adequate egress, or which constitute a fire hazard or are otherwise dangerous to human life, or which in relation to existing use constitute a hazard to safety or health or public welfare, by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster 217ELOCA.91 217 E. Lockeford St. August 15, 1991 Page 2 damage or abandonment as specified in this code or any other effective ordinance, are, for the purpose of this section, unsafe buildings. 1988 UNIFORM CODE FOR ABATEMENT OF DANGEROUS BUILDINGS Sec. 302. Any building or structure which has any or all of the conditions or defects hereinafter described shall be deemed to be a dangerous building, provided that such Conditions or defects exist to the extent that the life, health, property or safety of the public or its occupants 2re endangered: 4. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the Building Code for new buildings of similar structure, purpose or location. 5. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property. 8. Whenever the building or structure, or any portion thereof, because of (i)dilapidation, deterioration or decay; Cii:)faulty construction; (:iii:)the removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building; (iv) the deterioration, decay or inadequacy of its foundation; or (v) any other cause, is likely to partially or completely collapse,. 9. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used, 12. Whenever the building or structure has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated as to become (i) an attractive nuisance to children; 4(ii�)a harbor for vagrants, criminals or immoral persons; or as to (iii) enable persons to resort thereto for the purpose of committing unlawful or immoral acts. 217 E. Lockeford St. August 15, 1991 Page 3 16. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire— resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause, is determined by the fire marshal to be a fire hazard. 17. Whenever any building or structure is in such a condition as to constitute a public nuisance known to the common law or in equity jurisprudence. VIOLATION: Two story wooden structure at the rear of the property has been involved in a fire. The upstairs floor is no longer level indicating a shift in the building. There is not an adequate foundation. The roof of the structure has deteriorated. The building is in a dilapidated condition and is subject to collapse. DETERMINATION As a result of the foregoing violations, the undersigned Fire Marshal has declared the property to be a PUBLIC NUISANCE and has therefore made the following determination: 1. The two story wooden structure at the rear of the property in question shall be demolished and removed from the premises. Appropriate building permits shall be obtained from the City of Lodi prior to the commencement of any work required herein. Demolition work shall be subject 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. In all cases, the required work is subject to inspection and approval of the Building Official and Fire Marshal. TIME PERIOD FOR COMPLIANCE 1. A 1 1 demolition work required shall begin within thirty (30) days of this Notice and shall be completed within ninety (90) days of this Notice. ORDER TO ABATE Pursuant to Section 401(b) of the Uniform Code for Abatement of Dangerous Buildings, t -is 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 time determined above. 2.17 E. Lockeford St. August 15, 1991 Page 4 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 15.28.070 of the Lodi Municipal Code. The appeal which shall be in writing shall state the substance of the order appealed from, shall be submitted to the City Council in care of the City Clerk (221 West Pine Street, Lodi, CA 95240) within ten (10) days from the date of personal service or mailing of the order which is being appealed, FAILURE TO COMPLY Whenever an order to repair, vacate and repair, or demolish any building or structure, or any portion thereof, has not been complied with within the time set, whether under appeal or not, the City Council. shall have the power, in addition to any other remedy herein provided, to: 1. Cause the material of any such building or structure to be sold in any manner that the Council may determine upon; provided, however, that any such sale shall be upon condition that the building or structure be forthwith demolished, the wreckage and debris thereof removed and the lot cleaned. The Council may sell any such building singly or otherwise. Any surplus from the sale of any such building or structure, or group of buildings and structures, over and above the cost of demolition and of cleaning the site shall be retained to be distributed to the parties or persons lawfully entitled thereto. 2, Cause the building or strccture to be repaired or demolished. The cost thereof shall be assessed against the property upon which the particular building or structure is located. The repair or demolition of any building or structure, or sale of the materials thereof, shall be by a contract awarded following advertisement for bids, to the lowest and best bidder in the case of repair or demolition work and to the highest and best bidder in the case of the sale of material. Should you require additional information, please contact this office. Steven W. Raddigan Fire Marshal SR/lh cc: City Attorney Community Development Director Chief Building Inspector On September 5, 1991 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 September 5, 1991, at Lodi, California. Alice K Reims e City Clerk Jpfnifer J errin Deputy C i ty Clerk DEC/01 TXTA. FRM �j OF N( N( 3E OF PUBLIC HEARING CITY O L O R I Date: Seeptaibir 1%, 19311 CARNEGIE FORUM 305 West Pine Street, Lodi `Dime: 7:30 p.m. For information regarding this Public Hearing Please Contact: Alice M. Reimche City Clerk Telephone: 333-6702 NOTICE OF PUBLIC HEARING September 18, 1991 NOTICE IS HEREBY GIVEN that on Wednesday, at the hour of7:30 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 John C. Pyle, Attorney -At -Law, representing M&dar Khan regarding Notice of Pub] is Nuisance and Abatement Order, dated August 15, 1991 issued by Steven W. Raddigan, Fire Marshal, for the property located at 217 East Lockeford Street, Lodi. 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 deliveredto the City Clerk, 221 West Pine Street, at or prior to the Public Hearing, By Order Of the Lodi City Council: *&&' �) 6�'- �' Alice M. Reimche City Clerk Dated: September 4, 1931 Approved as to form: Bobby W. McNatt City Attorney --1 Steven Raddigan Fire Marshal APPEAL REGARDING MUZAFAR KHAN MAILING LIST EXHIBIT B John C. Pyle Attorney -At -taw 104 N. School Street Suite 209 Lodi, CA 95240 P 798 :199 844 3 � Certified Mail Receipt No Insurance Coverage Provided Do not use for International Mail (See Reverse) Sar to John C. Pyle Sueet a No. P.O., state a mp Code Postage $ cen�rted Fee Spedal Delivery Foe Restricted Delivery Fee op pj rA Retum Reoeipt _%,& lWg tO When a Dara Delivered C Retum Receipt shm*q fo Whom. Dale. a Address of Delivery 7 . TOTAL Postage a� 2.29 POetmark or Date h E 9/23/91 n L C C C cc V E U, 4 77- P 798 399 845 +Gertifled Mail Receipt Ivo Insurance Coverage Provided Do not use for intamafixaw Mail Sent to makvai ff far Kahn Wft4ft. Lodi, CA 95240 pmtaga $ Certified Fee Specht 00iveq Fee Restrk*d WW" Fee Retum Rocelpt Sh 1 0 0 to Whwn & Doe Debvemd PAtum Receipt Skwing to Whom. Date, A Add" of Delivery &1;0"IMAL Pm!ap $ - PoGimark et Date ;�aalE ;.