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HomeMy WebLinkAboutAgenda Report - November 4, 1992 PH (6)OF Ci [ LOD COUNCIL COMMUNICATION AGENDA TITLE: Consider the appeal received from Joe (Mark) Newfield regarding Notice of Public Nuisance and Order to Abate property located at 4 Sierra Vista Place, todi issued by James H. Siemers, Code Enforcement Officer. cn April 2, 1992 MEETING DATE: November 4, 1992 PREPARED BY: Community Development Director RECOMMENDED ACTION: that the City Council conduct a Public Hearing to consider the appeal received from Joe (Mark) Newfield regardina Notice of Public Nuisance and Order to Abate property located at 4 Sierra Vista Place, Lodi issued by James H. Siemers, Code enforcement Officer, on April 2, 1992. BACKGROUND llVqCRMATIC+ - Sometime in 19?1 the storage structure at 4 Sierra Vista Place was damaged by fire. On January 3, 1992, Code Enforcement Officer James H. Siemers with assistance inspected the premises and ordered the building abated. The same order was issued again on April 2, 1992. Between these two dates the property owner, Joe (Mark) Newfield caused repairs to be made to the damaged structure but did not present the City plans for the work nor did he acquire necessary construction permits. This public hearing has been continued from previous City Council meetings to provide 1V4 Newfield time to submit engineered plans and acquire permits which would nullify the abatement order. Although the plans have been approved by the Building Inspection Division, Mr. Newfield has not acquired the building permit. If the necessary permits have been acquired by the November 4, 1992 City Council meeting, the staff wojld recommend that the Abatement Order be dropped. In the event the permits have not been obtained, staff would recommend that the hearing be conducted and the abatement of the building ordered. Without permits and inspections, the if the work performed by the owner with codes. FUNDING: None required. JBS/cg Attachments Building Division has no means of determ ning has made the structure safe and in compl ance ames B. Schroe er enBtySWyebopment Director APPROVED THOMAS A. PETERSON .craw woar City Manager J CCCD92.26/TXTD.0IC • 'r CrIY rOUNCIL JAMES W- PINKER70r4. Mayor PHILLIP A. PENNINO Mayor Pro Tempore DAVID M. HINCHMAN JACK A. SIEGLOCK JOHN R. (Randy) SNIDER April 2, 1992 Mark Newfield PO Box Q Woodbridge, CA 95258 CITY OF LODI CTrY HALL. 221 WEST PINE STREET PA. BOX 3006 LODL ULIFORNIA 95241 -MO (209)334.5634 FAX t209) 3334M CERTIFIED MAIL NOTICE OF PUBLIC NL ANCE AND ORDER TO ABATE NOTICE OF PUBLIC NU>SANCE THOMAS A. PETERSON City Manager ALICE ivL REIMCHE City Clerk Bob MCNATT City Ntomey Public records indicate that you are the current legal owner of the real ant improved property in 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 W Sierra Vista Place. As the property owr�, you are hereby notified that the undersigned Building Official of the City of Lodi has inspected said propert and declared it to be a PUBLIC y as defined and prescribed for by Section 202 et seq of the Unsafe Building Abatement Code of the City of Lodi . INSPECHONS AND VIOLATIONS On January -3, 1992, the Building Official caused said property to be inspected. The following violations were discovered: 1. Finding: Building has been damaged by fire. This existing condition is in direct violation of Section 302, paragraph 4. of the Unsafe Building Abatement Code of the City of Lodi which reads: Newfield (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 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. Uhenever 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. 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 decal i shed and the property cleared of rubbish and debris. Demolition work shall be subject to the review of the Building Official in accordance withprovisions 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. All demolition work required herein shall begin within 30 days of the date of this Notice and shall be completed within 45 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. ORDER TO ABATE Pursuant to Section 201 of the Unsafe Building Abatement Cods 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. Nwvf i el d (92-0002) April 2, 1992 page 3 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 et seq of said Unsafe Building Abatement Code. The appeal—s77al be in writing and submitter: 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 of any person to file an appeal in accordance with Section 501 of the Unsafe Building Abatement Code shall constitute a waiver of his right to an administrative hearing and adjudication of the notice and order or any portion thereof. 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. �4eS, H. SIEMERS nforcement Officer cc: Community Development Director Chief Building Inspector City Attorney Fire Marshall CU Lodi. City Council 221 W. P in e street Lodi,. Ca. 95240 Dear Council Numbers, REC-r--� VVED MAY 0 4 1992 ® t�a�*:tYtt► oEZE�cpxExT 9EPRRTMENT April 30, 1992 On April 2, 1992 I was mailed an Abatement Oder on a building that I own at 4 Sierra Vista Place. the building nr was- partially damaged by fixe. last sinner and since then has been repaired. I had Mike Smith inspect the building ;�--A he agreed with me that this build- ing dial NOT need demolition. This is a storage only building that requires no city utilities. It is also crmpletly fenced and o= at all times as I only store personal items which require minimal attention, Please accept my appeal and lift this demolition order as it could prove quite costly for me to further appeal, ar worse yet, demolish a useful building. Sincerely, tW,4-- field m -M) at Raw mom..fTn g,~i n e ejri�n g �' 4 North Main Street Lud_i, 95240 ��+ 4- 1 1 1 332332 P.az {209) 334 010?. • `'�1 .. NewfieldMark P.O. Woodbridge. Dear Mark: Having inspected your fire damaged storage building on South Sacramento Street here in town. I have concluded that this structurecan be salvaged. If you were to have your contractor replace the more severely managed members, and install additional studs and rafters next to those the are not completely burned, this structure could be as structurally sound as it was before the f ire. This repair work should not require a very luv mount of time or moray to aocompIWL If you require any additional services or would like to discuss this subject further, feel free to drop in or call. Sincerely: v Michael W. Smith RCX. No. 44590 MIKE SMITH ENGINEERING DECLARATION OF MAILING On November 5, 1992 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 :rue and correct Executed on November 5, 1992, at Lodi, California. Alice M. Reimche City Clerk Je�wife)C M. Perrin Ddputy City Clerk DBC#01/TXTA.FRM °``°° CITY OF LODI CARNEGIE FORUM 305 «est Pine Street, Lodi JTICE OF PUBLIC HEARING Date: December 16, 1992 Time: 7:30 p.m. For information regarding this Pubiic Hearing Please Contact: Alice M. Reimche City Clerk Telephone: 333-6702 CONTINUED NOTICE OF PUBLIC HEARING December 16, 1992 NOTICE IS HEREBYGIVEN that on Wednesday, at the hour of 7:30 p.m., or as soon 'tereafter as the matter may be heard, the City Council will conduct a continued public hearing to consider the following matter: a) Appeal received from Joe (Mark) Newfield regarding Notice 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 regarding this item may be obtained in the office of the Community Development Director at 221 West Pine Street, Lodi, California. All interested persons are invited to present their views and commentson 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 chaltenge the subject matter in court, you maybe limited to raising only those issues you or someone else raised at the Pubiic 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. Reimche City Clerk Dated: November 4, 1992 Approved as to form: Bobby W. McNatt City Attorney APPEAL FROM NEWFIELD MAILING LIST EXHIBIT B James B. Schroeder Joe (Mark) Newfield Community Development Director P.O. Box Q Woodbridge, CA 95258 MEMORANDUM, City of Lodi , Community Development Department TO: City Manager City Clerk FROM: Community Development Director DATE : November 2, 1992 SUBICT- Mak Newfield Appeal- 4 Sierra Vista Place On Thursday, October 29, 1992, Mak Newfield acquired Building Permit No. 24,166 to repair the fire -damaged structure at 4 Sierra Vista Place. This action occurred after the Community Development Director had prepared the Council Communication on the Public Hearing to consider Mr. Newf i e l d' s appeal of an Abatement Order issued for that address by the Code Enforcement Officer. Since the property owner has a building permit to repair the damaged structure, which was the reason for the Abatement Order, the City Council does not need to conduct the Public Hearing on the a ppea 1 . JBS:dsg C3.'iY COUNCIL }AMES W PINKERTON, Maynr PBIUIP A. PENNINO Mayor Pro Temprxe DAVID M. HINCHMAN JACK A SIEGLOCK JOHN R. (Randy) SNIDER November 11, 1992 Mr. Mark Newfield P.O. Box Q Woodbridge, CA 95258 Dear Mr. Newfield: RE: Public Hearing Abatement Order 4 Sierra Vista Place CITY OF LODI CITY HAIL, 221 WEST PINE 5TREET RQ BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 334-5634 FAX (209) 333-6795 THOMAS A PETERSON City Manager MICE M REIMC:HE Cav Cleo 808 MCNATT City Artomey At its meeting of Wednesday, November 4, 1992 the Lodi City Council discontinued your appeal regarding Public Nuisance and Order to Abate property located at 4 Sierra Vista Place. The action was taken because you have received a building permit to make the necessary repairs to the property. Please contact the Building Division of the Community Development Department to arrange for the necessary inspections of the repair work. Sincerely, AM SB. SCHROEDK .unity Development Director cc: City Clerk