HomeMy WebLinkAboutAgenda Report - September 18, 1991 PH (6)OF
CITY OF LO®I
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AGENDA TITLE: Public Hearing, Appeal of Notice of Public; Nuisance
and Abatement Order Dated August 15, 1991 Regarding
Property Located at 217 East Lockeford Street, Lodi
MEETING DATE: September 18, 1991
PREPARED BY: Fire Chief
RECOMMENDED ACTION: Discussion and appropriate action
BACKGROUND INFORMATION: On August 15, 1991 the Fire Department
issued a Notice of Public Nuisance and
Order to Abate for a structure located at
217 East Lockeford, Lodi. This Notice was
the result of an inspection and determination made by the Fire
Marshal that the building was a dangerous building as defined in
the Uniform Code -for the Abatement of Dangerous Buildings.
Attorney -at -Law John C. Pyle, who is representing Mr. Muzafer Kahn,
the owner of the property, contacted the Fire Marshal and indicated
that Mr. Kahn was in agreement, that the building showed signs of
instability. During this conversation, Mr. Pyle conveyed that Mr.
Kahn was considering the removal of the second story in hopes of
saving the first story. Mr. Pyle indicated that because the
provisions of the Notice of Public Nuisance and Order to Abate did
not allow Mr. Kahn sufficient time to evaluate the alternatives, he
would file an appeal.
The Fire Marshal advised Mr. Pyle to have Mr. Kahn contact the
Building Department and arrange for a special inspection in order
to determine the feasibility of saving the structure by removal of
the second story. As of September 6, 1991, there has been no
request for such an inspection by Mr. Kahn or Mr. Pyle.
On September 9, 1991, the Fire Marshal requested that the Building
Department inspect the building to determine if the building can be
saved by removal of the second story. Building Inspector Jim
Seimers conducted the inspection and determined that the reason the
building had shifted was because the second story is supported by
an interior wall having no foundation and that the second story
floor -joist were installed in a manner that would allow them to
rotate. Mr. Seimers stated that if the first story was to be
saved, that a foundation would be required and that architectural
and structural engineering plans would be required.
_ , r
APPROVED: � w
THOMAS A. PETERSON
pity Manager
J
CC -1
Public Hearing -
217 East Lockeford Street
September 18, 1991
Page Tvw
The Fire Department is agreeable to any solution that abates or
corrects the substandard and hazardous condition.
A copy of the subject Notice of Public Nuisance and Order to Abate,
marked "EXHIBIT All, is attached Cor your information.
FUNDING: None Required
Larry Hughes
Fire Chief
EXHIBIT A
CITY OF LODI
FIRE DEPARTMENT
FIRE PREVENTION BUREAU
217 WEST ELM STREET'
LODI, CALIFORNIA 95240
(209) 333-6739
NOTICE OF PUBLIC NUISANCE
AND
ORDER TO ABATE
August 15, 1991
Mr. rIuzafar Khan
Dear M r, Khan:
RE: 217 EAST LOCKEFORD STREET, LODI
NOTICE OF PUBLIC NUISANCE
Public records indicate that you are the current legal owner
of the real and improved property i n 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 VIOLATION
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) A11 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
21.7ELOCA.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 are 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 Ciddilapidation, deterioration or
decay; 4(ii)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 4(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, deteriorztion,
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
s h fft 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. All 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, 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 time
determined
above.
217 E. Lockeford St.
August 15, 1991
Page 4
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 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 i n any man ler 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 b distributed to the parties or
persons lawfully entitled thereto.
2. Cause the building or structure 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 i n 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.
Elm
Steven Q. Raddigan
Fire Marshal
SR/lh
cc: City Attorney
Community Developm n t 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 1 s more particularly shown
on Exhibit "B" attached hereto.
There 1 s 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 M. 'Reimche
City Clerk
JDni er Perrin
uty Ci y Clerk
DEC/01
TXTA. FRM
of `N CE OF PUBLIC HEARING
CITY O L O D i Date: September 18, 1991
p4��CCN�`P CARNEGIE FORUM
305 West Pine Street, Lodi Time: 7:30 P.m.
For information regarding this Public Hearing
Ptease 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 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 John C. Pyle, Attorney -At -Law, representing
Muzafar Khan regarding Notice of Public Nuisance and Abatement
Order, dated August 15, 1991 issued by Steven W• Raddigan, Fire
Marshal, for the property located a t 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 mads at said
hearing.
If you challenge the subject matter in court, you may be iimited 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 Cierk, 221 West
Pine Street, at or prior to the Public Hearing.
By Order Of the Lodi City Council:
Alice M. Rei the
City Clerk
Dated: September 4, 1991
Approved as to form:
Bobby W. McNatt
City Attorney
AFPEAL REGARDING
MUZAFAR KHAN
MAILING LIST
EXHIBIT B
Steven Raddigan John C. Pyle
Fire Marshal Attorney -At -Law
104 N. School Street
Suite 209
Lod:, CA 95240
CITY COUNCIL THOMAS A. PETERSON
City Manager
JAMES W. PIPINKERTOERTON. Jr
DAVIDM.N N. Mayor CITY OF L O D I ALICE M. REIMCHE
Mayor Pro Tempore City Clerk
PHILLIP A. PENNINO CITY HALL, 221 WEST PINE STREET BOB McNATT
BOX 3006JACKA. StEGLOCK P.O. City Attorney
JOHN R. (Randy) SNIDER LODI. CALIFORNIA 95241-1910
(209) 334-5634
FAX (209) 333-6795
September 20, 1991
John C. Pyle
Attorney -At -Law
104 North School Street
Lodi, CA 95240
Re: 217 East Lockeford Street, Lodi
Notice of Public Nuisance and Order to Abate
Dear M Pyle:
This letter will confirm action taken by the Lodi City Council at its
Regular Meeting of September 18, 1991 whereby the Council denied your
appeal of the Notice of Public Nuisance and Order to Abate the property
located at 217 East Lockeford Street, Lodi (APN 041-220-0001) .
All demolition work required shall begin within 30 days from September
18, 1991 and shall be completed within 90 days of that date.
Very truly yours,
4�i ,ItJ
Alice M. Reimche
City Clerk
AMR/imp
cc: Jim Schroeder, Community Development Director
Steve Raddigan, Fire Marshal
CITY COUNCIL THOMAS A. PETERSON
City Manager
DAVID M.HtNCHMAN, Mayor
CITY OF L O D I
JAMES W. PINKERTON,Jr. ALICE M.REtMCHE
Citv Clerk
Mayor Pro Tempore
PHILLIP A. PENNINO CITY HALL, 221 WEST PINE STREET B 0 B McNATT
JACK A. SIECLOCK P.O. BOX 3006 City Attorney
JOHN R. (Randy) SNIDER LODI, CALIFORNIA 95241-1910
(209)334-5634
FAX (M) 333-6795
September 20, 1991
:Mr.Mu
Fe. 217 East Lockeford Street, Lodi
Notice of Public Nuisance and Order to Abate
Dear'Mr. Kahn:
This. letter will confirm action takes by the Lodi City Council at its
Regula"r. Meeting of September 18, 1991 whereby the Council denied your
appeal. of the Notice of Public Nuisance and Order to `AM eithe property
.located at 217 East Lockeford Street, Lodi (APN 041-220
All demolition work required shall begin within 30 days from September
18, .1991 and shall be completed within 90 days of that date.
Yery truly yours,
Alice M. Reimche
City Clerk
AMR/ j:np
cc: Jim Schroeder, Community Development Director
Steve Raddigan, Fire Marshal