HomeMy WebLinkAboutAgenda Report - January 3, 1990 PHr
C°0UNCIL
TO: THE CITY COUNCIL
FROM: THE CITY MANAGER'S OFFICE
COUNCIL MEETING DATE: JANUARY 3, 1990
SUBJECT: CONDUCT A PUBLIC HEARM-1 TO CONSIDER THE APPEAL OF JESSE VALENZUELA OF
AN ORDER OF THE CHIEF BUILDING INSPECTOR TO ABATE AN UNSAFE STRUCTURE AT
321 EAST PINE STREET
INDICATED ACTION: That the City Council conduct a Public Hearing to consider
the appeal of Jesse Valenzueia of an Order of the Chief Building Inspector to
abate an unsafe structure at 321 East Pine Street and take the appropriate action.
BACKGROUND INFORMATION: A Notice of Public Nuisance and Order to'Abate was
issued to Mr. Jesse RUiZ Valenruela, 4521 Rutherford, E1 Paso, TX 79924, on
November 6, 1989.
Mr. Valentuela contacted the Building Division on October 27, 1989 and was issued
a permit for the following: 1) Special Inspection to determine the extent of
modification to the detached accessory building to allow use as additional
conditioned living space in conjunction with the main living unit; 2) Installation
of a new 100 amp electrical service on the main residential structure; and 3)
installation of a sub -panel on the accessory building.
The special inspection, conducted on November 3, 1989 by Jim Siemers, Dean Peckham
and John Flanagan, revealed that the accessory building in question had been moved
onto the lot without permits or inspections, and has been used as a living unit.
The building contains a living room, bedroom, bathroom and kitchen/dining area.
Mr. Valentuela declared that he was issued a permit to move the building onto the
site. Investigation of the files and records concerning the address in question
reveals that a permit was issued for a concrete foundation on May 12, 1987. No
inspection of the foundation was made by any building inspector during the
construction phase of the foundation. Mr. Flanagan was called out to inspect it,
however the foundation was completed without initial required inspections. The
foundation appears to have been constructed with hand mixed concrete, and no
knowledge of placement time or possibility of cold joints. At the time of the
inspection, there was no building on the foundation.
Moving of the building onto the foundation was
in violation of Lodi Municipal Code §15304.020,
2JM B. SCHR ER
unity Development Director
Attachments
cc: Chief Building Inspector
done without permits or inspections
Moving Permits.
CC8931/TXTD.01C December 27, 1989
Mr. Jesse Ruiz Valenzuela
4521 Rutherford
El Paso, 'IX 79924
NOME OF PUBLIC N EVICE
AND
ORDER TO ABATE
RE: Special Inspection; Permit ff 20189
321 E Pine ST., Lodi, CA 95240
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. 047-240-12. Said
property is more commonly known as 321 East Pine Street, Lodi, CA 95240.
A 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 in violation of Section 205 of the Building Code of the
City o f Lodi.
Violations
ection 5. It shall be unlawful for any person, firm or corporation
to erect, construct, enlarge, alter, repair, move, improve, remove,
convert or demolish, equip, use, occupy or maintain any building or
structure or cause or permit the same to be done in violation of this
code.
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CITY MUNCIL
.�
THOMAS Ac PETERSON
JOHN R. (Randy) SNrnER. Mayor
CITY OQD I
citv
.DAUGK HINCHMAW
ALKE M REfAKHE
Maya Pro TemporeCITY
HALL, 221 WEST PINE STREET
City C"
EVELYN M. OLSON
CALL, BOX 3006 _
BOB MCNATT .
JAMES W.. PMERTON Jr.
LODI., CALIFORNIA 95241-1916
` .: City Att«ney
fH" M. REID:
33
(209) 4-5634
TELECOPIER :IM1517.6795
November 6,
1989
CERTIFIED MAIL
Mr. Jesse Ruiz Valenzuela
4521 Rutherford
El Paso, 'IX 79924
NOME OF PUBLIC N EVICE
AND
ORDER TO ABATE
RE: Special Inspection; Permit ff 20189
321 E Pine ST., Lodi, CA 95240
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. 047-240-12. Said
property is more commonly known as 321 East Pine Street, Lodi, CA 95240.
A 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 in violation of Section 205 of the Building Code of the
City o f Lodi.
Violations
ection 5. It shall be unlawful for any person, firm or corporation
to erect, construct, enlarge, alter, repair, move, improve, remove,
convert or demolish, equip, use, occupy or maintain any building or
structure or cause or permit the same to be done in violation of this
code.
Mr. Valenzuel a
November 6, 1989
page 2
INSPECTIONS AND YIOLAT IONS
W
A special inspection conducted at the above noted address on November 2,
1989, has revealed the following:
1. A foundation permit was issued May 12, 1987 (816989). No
inspections were called for or made on the foundation permit and
it was expired on Jan 27, 1988.
2. A structure was placed on the foundation without permits or
inspections.
3. The structure was hooked to the sewer, water, and gas serving the
existing residential structure on the property. The hook-ups
were made without permits or inspections.
4. The structure does not meet requirements of currently adopted
building, plumbing, mechanical , electrical, or housing codes.
DETERMINnTrnu
As a result of the foregoing violations, the following action is required:
1. The structure is to be vacated.
2. Inspection by the building official has determined that the
building is dangerous as defined by the Uniform Code for
Abatement of Dangerous Buildings and is hereby declared to be a
public nuisance and shall be abated by demolition, with removal
of all rubbish and debris created by the demolition.
3. The foundation which was installed without inspections is to be
abated by demolition, with removal of all rubbish and debris
created by the demolition.
A demolition permit shall be obtained from the City of Lodi prior to the
commencement of any work.
a,.
-- t
1A Valenzuela
November 6, 1989
Page 3
. - :i'$}T :: 4°.'FY,:S��'�;...!':+SN:n.ii%n'i,...�t...(.vyK.!e,.. �.�eJk�t'4.,41+�"i �•
Vacating of the property is to be done within 10 days of the date of this
notice .
The demolition permit is to be obtained within 60 days of the date of this
notice, and the demolition is to be completed within 90 days of issuance of
the permit.
In all cases, the required vacating and demolition is subject to the
inspection and final approval of the Building Division, Community
Development Department, City of Lodi .
ORDER TO ABATE
Pursuant to Section 401(b) of the Unsafe Building Abatement 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 501 of the Uniform Code for the Abatement of
Dangerous Buildings. The appeal shall be in writing and which 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
In the event of your failure to comply with the requirements of this Order,
for whatever reason:
1. the matter will be submitted to the City Council of the City of
Lodi at which time the City's Public Works Director and the Chief
Building Inspector will, in accordance with provisions set forth
in Section 801 of said Code for the Abatement of Dangerous
Buildings, order the demolition of said structure with the cost
and expense being assessed to you, the property owner,
Mr.Valenruela
November 6, 1989
page 4.
2. Any person violating the:provfsions 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.
Please contact this office if you require further assistance (209) 333-6714.
ROGERNOUSTON
Building Official
RGH: j h s
cc: City Attorney
Commuinity Developemet Director
Maria Rodriquez, 11318 Hermes St., Norwalk, CA 90650
Street File
Violation File
Anc% NMICL 11Ke sixty gays nozice f or -tine meetiin{j y� ivr
dangerous buildizl�, ; .
Jesse Valenzuela
AlkIrl
t
7l1 •
IAC
Is
3.
Jesse Valenzuela
AlkIrl
DATE: NOVEMBER 27, 1989
TO: COMMUNITY DEVELOPMENT DIRECTOR
FROM: CODE ENFORCEMENT OFFICER
SUBJ = NOTICE OF PUBLIC NUISANCE AND ORDER TO ABATE
321 E PINE STREET
A Uotice of Public Nuisance and Order to Abate was issued to Mr. Jesse
Ruiz Valenzuela, 4521 Rutherford, E7 Paso, TX 79924, on November 6,
1989.
Mr. Valentuela contacted the building division on October 27, 1989 and
was issued a permit for the following: L .Special Inspection to
determine the extent of modificcation to the detached accessory
building to allow use as additional conditioned living space in
conjunction with the main living unit. 2 Installation of a new 100
amp electrical service on the main residentat structure, and 3,
installation of a sub -panel on the accessory building.
The special inspection, conducted on November 3, 1989 by myself, Dean
Peckham, and John Flannagan, rtvealed that the accessory building in
question had been moved onto the lot without permits or inspections,
and has been used ad a living unit. The building contains a living
room, bedroom, bathroom, and kitchen/dining area.
Mr. Valentuela declared that he was issued a permit to move the
building on to the site. Investigation of the files and records
concerning the address inestion reveal that a permit was iss:zd for
a concrete foundation on 52/87. No inspection of the foundation was
made by any building inspector during the construction phase of the
foundation. Mr. Flannagan was called out to inspect, however the
foundation was completed without initial required inspections. The
foundation appears to have been constructed with hand mixed concrete
and no knowledge of placement time or possibility of cold joints. At
the time of the inspection, there was no building on the foundation.
Moving of the building onto
inspections in violation of
Moving permits.
AMES H. SIEMERS
Code Enforcement Officer
the foundation was done without permits or
Lodi Municipal Code, section 15304.020;
CITY OF `L7k,
BUILDING PERN►t7 APPLlCATI
ICAMT'S IYYIE' itllfL sS 21t
css c `AZ;6z0.G%I �j tea
olop'S NAME NAIL 21!
'S IN�1MIV ADDRESS 2f►: Weis
1 hereby affirm that 1 an exempt free the Contractor's Lieanse Lau forthefollowing reosoo.(See. 7031.3. Matnnss.aad __-
Profssiats Code).
,2 1, as char of ,the property. � wi i 1 do tM work. and the
structurenot intended r offered for sale t3ec. 70N. !. s P. C.).
I
. as chem of the property. an exclusively contracting with Ilcensedcontractors to construct the project
(Sac. ". & s P. C.).
1 am exempt modar Sec. , 9uslaess and Professions Code for tbi sen
It
Data ze Xe7 Owns
boil S' COMPENSATiON DECLARATION
1 hereby affirm that 1 have a certificate of consent to self-lasure, or a certificate of Markers' Compensation Insurance,
or a certified copy thereof (Sae. 3800. Lab. C.).
Pat Icy No. Company Exp. Date
Certified copy Is hereby furnished.
Certified copy is filed with the City Building Inspection Doper, It.
Date Contractor
CERTIFICATE OF EXEMPTION FROM WORKERS' COiPENSATION INSURANCE
r certify that in the perfonmmw of the work for which this permit Is issued 1 shall not employ any person in any wsewer
so as to become subject to the Yorkers' Compensation Leis of Cailfornia.
pate S-" • " Applicant
NOTICE TO APPLICANT: If. after making this Certificate of Exemption. you should b^4oms subject. to W's Yorkers' Compen-
sation provisions of the Labor Code, you sunt forthwith comply with such provisions or this permit shell be deemed
revoked.
CONSTRUCTION LENDING AGENCY
i hereby affirm that there is a construction lending agancy for the performance of the work for which this permit Is
isow" (See. 3097. Civ. C.I.
Lender's Name Lender's Address
1 certify that I haw read this application end state that tho above Information is correct. I agree to comply with Oil
City ordinances and state laws relating to building constructlon@ and hereby authorise representatives of this City to
enterupon the tl property r Inspection purposes.
the Of or ftewt etre
' OC fROW DZONETYPE CONSTRUCTION g ( SEWER UNITS
A Q_JJr)�An��0- 1
APPROVAL: PUBLIC WORKS- Vl _ DATE PLANNING DEPT._�1J7 DATE t0. f �.S
FIRE DE►T. f(� DATE WILDING DEPT. DATE
This permit becomes null and void if work or construction authorized is not commenced within 180 days: or if construction
or work is suspended or abandoned for a period if 180 days at any time after work Is commenced. (1979 UBC)
WEN PROPERLY VALIDATED WITH THE BUILDING PERMIT VUPIBER THIS APPLICATION BECOMES PART OF TOUR PERMIT AND MUST BE POSTED ON
THE JOB BEFORE WORK IS STARTED.
coo
hereby apply for permission, to perform the above described work which .is based upon `certain `plans, alio .,arc
hereby referred to and made apart hereof. The work is subject to all; provisions rof 'state laws and 'of local ordinances,
regulations and restrictions relating to any erection, construction, remodeling, repair, and/or moving of buildings, -and
applicant will hold and save the C7ofI harmless from any damage incidental to any 'activities in connection with
this woa»Ownees Signature.._ByOwner`s Address ..._ .t-_ /_Jo t,......,.�.� !Owner's Phone/ -
Permission is hereby grarded to dq the above described work at the following location:
Property Description .Issued
_.. ... _ by
ZZ
Assessor's No.
BUILDING, PERMIT
CITY GF LODI
(Bt3N.DiN(} PARTMEN7 , .
W 714
NOTIFY BUILDING DEPARTMENT FOR FOLLOWING INSPECTIONS
inspector Date
Temp Power/8-Saw Service
Foundation. House (Before Concrete)
Foundation. Other (Before Concrete)
Underfloor (Plumbing) (Mechanical) (Girders)
Gas Line PressureTest
Framing (Before Sheetrock)
Numbing (Before Sheetrock)
Electrical (Before Sheetrock)
Insulation (Before Sheetroc4 .417
Lath — Sheetrock. Nailing JI
V
Gas Appliance
Final(Before Occupancy)
owner
Building Address
Work subject to removal if inspections are not called for at the proper time
Inspections must be requested 24 hours in advance.
This Card Must be Posted on the Job Before Work is Started
FENCE HEIGHTS
S T R E E T
ZOa fR0lff
YARD
o CAR, p
B20"
C.
HOUSE
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1 M T E R t 0 R C 0 R N E A
L 0 T l 0 T
•}e��W.. _{��Nt C� rE%:E- 3: cert {42 tqC-(!%
1 ! nA:s�Ur mEI;Nt Or rc%:c- 7 CEET (84 10K -E '
FENCES AND METER LOCATIONS
FRONT YARD
ELECTRIC
METER
~ tart.
W
W
s
.. HOUSE
r+ FENCE
REAR YARD
Gr::kL%C{ W— I'S: Sec. 4.37 mete. Lou :ie^: 'IC '
•Ve4•ev:tt; "te• installations. ■"er ete::•'c utilities
!•. 1pstal:ee •• t`e strfrt. shag W 'orater c aw"s tllc
s�} " �r rccr•ee .:� r s,. ke! :' t�! 're•: core- of the
r.•tae•e o• }t•.::^•r. he erect•.. ,,�:•• S'r Dr rctesrt
C. !►v !ft•t•. tt-f. }►••: t• ar) ::A!• :)Cr :' St r.•. tyre G-
e•;le:.•e. ar^ }'t' be tcc}••jblt frcr the '•cct c' the
X -
"Every part of a required yard or court shall be open from its lowestoint to the sky
unobstructed except for ...fences , hedges and hills when. grown or erected to a maxim
height of three and one-half feet in any fro nt`-yard.or:-.slreet side yard or interior side, ---
yard to a depth of the required front Yard, and.::.104 toa3MMUe of seven feet in any other
requ i red yard."
All setbacks rust be measured from property lines (which are typically at some distance
behind the sidewalk). S i deyard fences 3.5 feet or under are allowed to be constructed out
to the back of the sidewalk. In no case may a utility meter be enclosed (Ordinance Number
1351, Section 9-37(10)).
}+IAX�:i�M FEf�CE IIEiGi-fTS
VMC 0" a rw
qnK�. SIR tTOI aINQ�s
Is19a10X Coasts
tet tot
FENCE AND METER LO ATIOMS
tUCTRiC rNOT rMo
Rit[R
PRt.m
RotlSEMCE tMa
'ti; y INsllriiM a iva or nnct- )1 rw 1%, to=$)
QNMla/1p1 atemi or TOW 7 t[tT lq 1KKS1
I have read and understood the requirements fcr fences in the City of Lodi and agree to
abide by the standards described above. I also understand that this Fence Permit is not a
statement of compliance with private Conditions, Covenants, and Restrictions (C.C,R.'s),
OWNER'S SIGNATUR % BY
i
APPROVED BY -----r DATE
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NOTICE OF CITY II
FFARNG
TCS M Jesse Ruiz Valenzuela
4521 Rutherford
El Paso, TX 79924
NOTICE OF CITY BEAFM
REGARDING NOME OF PUBLIC NUBANCE
AND ORDER TO ABATE AND ORDER TO VACATE
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:
321 East Pine Street, todi, CA 95240, also known as Assessor
Parcel Na 047-240-12.
A the property owner, you were served with a Notice of Public Nuisance
and Order to Abate and Order to Vacate by certified mail on November 6,
1989, which Notice listed specific items that had rendered the
structures on said roperty a public nuisance as defined by Section 205
et seq. of the Unsaye Building Abatement Code of the City of todi.
In that Notice certain dates were also specified as to the time whm
the required work had to have been commenced and had to have been
completed. A of this date, the work ordered in the previous Notice
has been given an extended eriod of time in which to be completed but
asyet has not been satispactorily done, nor approved by the Chief
Building Inspector.
Therefore, pursuant to Sections 401 (b, 4) of said Uniform Code for the
Abatement of Dangerous Buildings, you are hereby notified that the
Chief Building Inspector of the City of Lodi will bring the matter of
said property and the findings listed above before the City Council of
the City , of Lodi at their regular meeting on Wednesday, January 3,
1990, at 7:30 p.m. at Carnegie Fonun, 305 West Pine Street, Lodi,
California, requesting that the City Council (1) declare the structure
unsafe and a public nuisance, (2) order the vacation of the unsafe
building, and (3) subsequently order the abatement by demolition of
. CITY COUNCIL
THOMAS A PETERSON
JOHN R (Randy) SI�Ht, Mayo►
CITY O F L OD I
Cj Manage
DAV I D M. HINCHMAN
ALICE M. REIMCHE
Mayor ProTempore
CITY HALL, 221 WEST PINE STREET
City Clerk
EVELYN M. OLSON
CALL 80X3006
BOB MtNATT
JAMES K PINKERTON, Ir.
LODI, CALIFORNIA 95241-1910
City Attorney
F RE D M. RE I D
(209) 334-5634
TELECONER: (M) 333,6795
December 11, 1989
NOTICE OF CITY II
FFARNG
TCS M Jesse Ruiz Valenzuela
4521 Rutherford
El Paso, TX 79924
NOTICE OF CITY BEAFM
REGARDING NOME OF PUBLIC NUBANCE
AND ORDER TO ABATE AND ORDER TO VACATE
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:
321 East Pine Street, todi, CA 95240, also known as Assessor
Parcel Na 047-240-12.
A the property owner, you were served with a Notice of Public Nuisance
and Order to Abate and Order to Vacate by certified mail on November 6,
1989, which Notice listed specific items that had rendered the
structures on said roperty a public nuisance as defined by Section 205
et seq. of the Unsaye Building Abatement Code of the City of todi.
In that Notice certain dates were also specified as to the time whm
the required work had to have been commenced and had to have been
completed. A of this date, the work ordered in the previous Notice
has been given an extended eriod of time in which to be completed but
asyet has not been satispactorily done, nor approved by the Chief
Building Inspector.
Therefore, pursuant to Sections 401 (b, 4) of said Uniform Code for the
Abatement of Dangerous Buildings, you are hereby notified that the
Chief Building Inspector of the City of Lodi will bring the matter of
said property and the findings listed above before the City Council of
the City , of Lodi at their regular meeting on Wednesday, January 3,
1990, at 7:30 p.m. at Carnegie Fonun, 305 West Pine Street, Lodi,
California, requesting that the City Council (1) declare the structure
unsafe and a public nuisance, (2) order the vacation of the unsafe
building, and (3) subsequently order the abatement by demolition of
Dated: December 11, 1989
January 9, 1990
Nt Jesse R. Valenzuela
4521 Rutberford
El Paso, TX 79924
Dear M Valenruela:
RE: Appeal to City Council
Order to Abate - Unsafe Structure
321 East Pine Street, Lodi, CA
At its meeting of Wednesday, January 3, 1990 the Lodi City Council
conducted a public hearing on your appeal of an order by the Chief Building
Inspector to abate an unsafe structure at 321 East Pine Street, Lodi,
California.
At the conclusion of that public hearing, the City Council made the
following determinations:
1, that the concrete foundation, for which you received Building Permit
No. 16989A on N* 12, 1987, must be inspected by the Chief Building
Inspector, and removed if he finds it does not conform to the Uniform
Building Code,
2. that the residential structure you placed on the foundation without
Permits or posting necessary guarantees, can only be used for storage
purposes and must be disconnected from water and sewer services;
3. that all cooking facilities must be removed from the structure and if
connected to natural gas service it must be disconnected;
4. that electrical service to the structure must come from the service on
the existing residence on the front of the property and not from a
separate service; and
5. that the above ordered work must be accomplished within one year (i . e .
January 3, 1991) of the City Council's order.
�, F <Y
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