HomeMy WebLinkAboutAgenda Report - April 5, 1995 (98)CIW OF LODI COUNCIL COMMUNICATION
AGENDA TITLE: Clean up Fees for 517 and 519 East Hilborn.
MEETING DATE: April 5, 1995
PREPARED BY: Administrative Assistant to the City Manager
RECOMMENDATION: That the City Council of the City of Lodi confirm the adminis-
trative fees and costs associated with abatement of nuisances
at 517 and 519 East Hilbom Street. This shall constitute a special assessment against the property.
Upon recordation in the office of the county recorder of a notice of lien, they shall constitute a lien
on said property. They shall be added to the next regular tax bills levied against said parcels and
shall be collected at the same time and in the same manner as ordinary municipal taxes.
BACKGROUND: The Community Improvement Officer has complaint records
regarding 517 and 519 East Hilborn Street dating back to April
1993. The complainant states problems existed at this site for at least ten years. The Community
Development department sent official notices of violation to the property owner in November 1993.
Since that time, Community Improvement Officer Lee Schmiedt has been hired. He worked on this
site extensively. Following an informal process, he did his best to obtain compliance. No
cooperation was obtained. He then followed the formal nuisance abatement process outlined in
Lodi Municipal Code Chapter 15.30. An administrative hearing was held, and a findings and
order to abate sent to the property owners. No compliance was obtained. Finally, the City prepared
a Request for Quotations and obtained a contractor to perform cleanup work. Although not
specifically required by Chapter 15.30, to ensure every detail was addressed, Lee Schmeidt and
John Luebberke, Deputy City Attorney, prepared a warrant and authorization to abate to allow
staff and contractor to enter the property to perform work.
This property was a tremendous eyesore. The contractor has performed a beautiful job toward
improving the appearance of the site. Unfortunately, several cars have appeared in various states of
repair since this work was done. More staff time will probably be devoted to this property.
APPROVED:
THOMAS A. PETERSON
kk City Manager I
CC -1
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Lodi Municipal Code section 15.30.190 requires the City Manager to render a written report to the
City Council showing the cost of abating property nuisances. The enclosed Community
Improvement Administrative Fee Schedule enumerates all fees and contractor costs associated with
work performed to clean up 517 and 519 East Hilborn Street. The property owners have been
properly noticed of this Council Meeting.
FUNDING: Not applicable.
Respectfully submitted,
J. Evans
inistrative Assistant to the City Manager
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BOBBY W-,'MCNATT ( 91804
City Attorney, City of Lodi
JOHN M. LUEBBERKE ( 164893
Deputy City Attorney
221 West Pine St.
Lodi, CA 9S240
(209) 333-6701
Attorney for: plaintiff City of Lodi
MUNICIPAL COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN JOAQUIN, LODI JUDICIAL DISTRICT
IN THE MATTER OF THE ABATEMENT AT
517 EAST HILBORN STREET, LODI,
CALIFORNIA (DONALD GOHL, FOR
MARTHA GOHL, DECEASED, OWNER
Defendant/Respondent
No.
WARRANT AND AUTHORIZATION TO
ABATE
(C.C.P. Section 1822.51)
THE PEOPLE OF THE STATE OF CALIFORNIA TO:
The Community Development Department of the City of Lodi and
its authorized representatives:
PROOF, by affidavit and personal testimony, having been made
before me by Deputy City Attorney John M. Luebberke and Community
Improvement officer, Leland Schmiedt, submitted to the Court on
1 1995;
THAT THERE IS REASON TO BELIEVE there exists at 517 EAST
HILBORN STREET, Lodi, California conditions of nonconformity with
the Lodi Municipal Code, there is an authorizati-on or requirement
for an abatement pursuant to Section 15.30 of the Lodi Municipal
Code with respect to the premises named above, as required in Code
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of Civil Procedure Sections 1822.50 et seq. for the issuance of a
warrant, that the defendant herein has been afforded due process
pursuant to Lodi Municipal Code Section 15.30, and pursuant to Lodi
Municipal Code Section 15.30 such conditions of nonconformity
constitute a nuisance which may be abated;
YOU ARE THEREFORE COMMANDED TO ABATE, WHICH ABATEMENT SHALL
INCLUDE removal and elimination of the condition of nonconformity
which may involve removal of litter, debris, fire hazards,
inoperative vehicles and vehicle parts. Also, cut grass and weeds
and remove trimmings.
AND THIS ABATEMENT shall be reasonably conducted so as to
effect as minimal an intrusion as possible on the normal operation
of the property;
AND THIS ABATEMENT shall be for all structures and curtilage
existing on the above-named premises located at 517 EAST HILBORN
STREET, City of Lodi, County of San Joaquin, State of California,
further described in the affidavit hereto.
THIS WARRANT shall expire on 3 1995, and
the RETURN must be executed by A_ _A995, at
+vo o'clock, P.m.
DATED: 2- -Lz-
Judre KT -the Municipal � �urt
FOR GOOD CAUSE SHOWN BY ORAL TESTIMONY, execution of this
Warrant and Authorization to Abate in a n e o owner r occ ant
is hereby author�',zed.
DATED: 2- V I. E IKE
Jud/e f t e unicipal Court(
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BOBBY W. MCNATT (91804)
City Attorney, City of Lodi
JOHN M. LUEBBERKE ( 164893
Deputy City Attorney
221 West Pine St.
Lodi, CA 95240
(209) 333-6701
Attorney for: plaintiff City of Lodi
MUNICIPAL COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN JOAQUIN, LODI JUDICIAL DISTRICT
IN THE MATTER OF THE ABATEMENT AT,
LODI, CALIFORNIA (517 EAST HILBORN
STREET, DONALD GOHL FOR MARTHA
GOHL, DECEASED, OWNER),
Defendant/Respondent
No.
RETURN OF ABATEMENT WARRANT
Pursuant to the Abatement Warrant issued in the above-mentioned matter on February 22,
1995 by Judge Thomas Seibly, the property located at 517 East Hilborn Street, Lodi, California,
heretofore deten-nined to be substandard, was abated by removal of litter, debris, vehicle parts, and
lawn and yard clippings on /-2.b. -.,14- _, 1995.
I, Leland Schmiedt, Conununity Improvement Officer for the City of Lodi, by whom this
Warrant was executed do swear that the above statement is true and accurate.
DATED: Qe5/ 9�
Leland Schmiedi
Community Improvement Officer
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CITY COUNCIL
STEPHEN J. MANN, Mayor
DAVID P. WARNER
Mayor Pro Ternpore
RAY G. DAVENPORT
PHILLIP A. PENNINO
JACK A. SIEGLOCK
March 13, 1995
CITY OF LODI
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODI. CALIFORNIA 95241-1910
FAX (209) 333-6807
Martha and Don Gohl
clo George Gohl
517 and 519 East Hilborn Street
Lodi, CA. 95240
Dear Mr. Gohl:
THOMAS A. PETERSON
City Manager
JENNIFER M. PERRIN
City Clerk
BOB McNATT
City Attorney
Lodi Municipal Code section 15.30.190 requires the City Manager to render a written
report to the City Council showing the cost to abate your property at 517 and 519 East
EMborn Street. The attached Community Improvement Administrative Fee Schedule
enumerates all fees and contractor costs associated with work performed on your
property. The total amount is $946.00.
This letter shall serve as notice that the City Council of the City of Lodi will hear this
report on Wednesday April 5, 1995. The Council meeting begins at 7:00 p.m. It is
impossible to predict the exact time of the evening this item will be heard.
If you choose not to pay these costs, the total cost for abating such nuisance, as so
confirmed by the City Council, shall constitute a special assessment against your property
and shall constitute a lien on said property.
If you have any questions, I can be contacted at (209) 333-6801.
Sincerely,
Kirk J. Evans
03/10195 C:%KJEW0RK=MM1MP\G0HL.D0C
CITY COUNCIL
STEPHEN). MANN, Mayor
DAVID P. WARNER
Mayor Pro Ternpore
RAY G. DAVENPORT
PHILLIP A. PENNINO
JACK A. SIEGLOCK
CITY OF LODI
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
FAX (209) 333-6807
CONEMAINrrY 1WROVEMENT
ADNWiISTRATIVE FEE SCHEDULE
RE: 517 and 519 East Hilbom Street. Lodi, California 95240
THOMAS A. PETERSON
City Manager
JENNIFER M. PERRIN
City Clerk
808 McNATT
City Attorney
1. Vehicle abatements by the City, (public and private property, including
street) requiring a second compliance inspection. $1 00/vehicle
2. Violations of Lodi Municipal Code Chapter 15.30 which continue more
than 30 days after notification of the violation. Plus actual cost of
abatement if necessary, $90/case
3. Violations of Lodi Municipal Code Chapter 15.30 where an administrative
hearing is held.
$50/case
4. Appeals of decision of the administrative hearing. $50/case
5. Violations of the Lodi Municipal Code requiring 1) order of abatement by
Planning Commission or City Council, 2) an inspection or seizure warrant,
or 3) a posting of an order designating the property as unsafe to occupy. $ 1 00/case
6. Commencement of civil litigation proceedings. $1,000/case
7. Costs of abatement in addition to City staff and associated indirect costs,
including, but no limited to labor, equipment, private contractor, materials,
storage and all other costs reasonable necessary to abate the nuisance. Actual costs
8. Violations Fines - as outlined in Lodi Municipal Code Section 15.30.220. up to
$500/violation
Violation: #2
Violation: 43
Violation: #5 (2)
Violation: 0
Violation:
Community Improvement Officer
03.;14"1)5 Document-'
$ 90
$ 50
$100
$662 - contractor's costs
$ 44 - photos and 4 dump passes
Total:= $946
Date
W01611 BKOR)"j.
MAMMA
[LODI MUNICIPAL CODE SECTION 15.30.1901
1, Leland Schmiedt, Community Improvement Officer for the City of Lodi declare
as follows:
1. On, March 1995, pursuant to Lodi Municipal Code Section 15.30.190, 1
personally posted upon the property known as 519 East Hilborn Street, Lodi,
California, the Report of Abatement Costs and Notice of City Council Hearing
regarding that property (attached hereto as Exhibit A). In accordance with Lodi
Municipal Code Section 15.30.190 said date of posting is at least five (5) calendar
days prior to the City Council hearing regarding assessment of lien on the above
mentioned property.
2. On March _,W / , 1995 in accordance with Lodi Municipal Code Sections 15.30.170
and 15.30.190, 1 served upon the owners of 519 East Hilbom Street, Lodi, California,
via First Class United States Mail the Report of Abatement Costs and Notice of
Council Hearing regarding that property. In accordance with Lodi Municipal Code
Section 15.30.190 said date of assessment of lien on the above mentioned property.
I declare under penalty of pedury under the laws of the State of California that the
foregoing is true of my personal knowledge and this declaration was signed this_, -.)j
day of March, 1995, at Lodi California.
Leland Schmiedt, Community Improvement
Officer, City of Lodi
[OW9193 Kelm WOUVIRMUNININ
I A P
[LODI MUNICIPAL CODE SECTION 15.30.1901
1, Leland Schiniedt, Community Improvement Officer for the City of Lodi declare
as follows:
1. On, March 1995, pursuant to Lodi Municipal Code Section 15.30.190, 1
personally posted upon the property known as 517 East Hilbom Street, Lodi,
California, the Report of Abatement Costs and Notice of City Council Hearing
regarding that property (attached hereto as Exhibit A). In accordance with Lodi
Municipal Code Section 15.30.190 said date of posting is at least five (5) calendar
days prior to the City Council hearing regarding assessment of lien on the above
mentioned property.
2. On March -,7— / , 1995 in accordance with Lodi Municipal Code Sections 15.3 0.170
and 15.30.190, 1 served upon the owners of 517 East Hilborn Street, Lodi, California,
via First Class United States Mail the Report of Abatement Costs and Notice of
Council Hearing regarding that property. In accordance with Lodi Municipal Code
Section 15.30.190 said date of assessment of lien on the above mentioned property.
I declare under penalty of pedury under the laws of the State of California that the
foregoing is true of my personal knowledge and this declaration was signed this
day of March, 1995, at Lodi California.
Leland Schmiedt, rorr��unity Improvement
Officer, City of Lodi