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Home My WebLink AboutAgenda Report - March 16, 1994 (41)OF CITY OF LODI s COUNCIL COMMUNICAYION AGENDA TITLE: Communications (February 23, 1994 through March 9, 1994) MEETING DATE: March 16, 1994 PREPARED BY: City Clerk RECOMMENDED ACTION: Set Public Hearing for April 20, 1994 to consider appeal received from Faisal Sublaban appealing Notice of Public Nuisance and Order to Abate on the property located at 1107 South Central Avenue, Lodi. BACKGROUND INFORMATION: The City Clerk's office is in receipt of a letter from Faisal Sublaban (Exhibit A attached) appealing Notice of Public Nuisance and Order to Abate on the property located at 1107 South Central Avenue. It is recommended that this matter be set for Public Hearing at the regular City Council meeting of April 20, 1994. FUNDING: None required. ,db nifer M. ��rrin City Clerk JMP Attachment APPR'�' VES -- — --- — --- �� THOMAS A PETERSON ecvaea cwe City Manager cc FAISAL SUBLABAN 1906 ROYAL CREST DRIVE LODI, CA 95242 February 24, 1994 City of Lodi City Hall P.O. Box 3006 Lodi, CA 95241-1910 RE: Assessor Parcel No. 047-080-22 Property Address: 1107 S. Central Ave. Lodi, CA 95240 As the said property owner of the property listed above, I am appealing this notice of order to abate, pursuant to Section 201 of the Housing Code of the City of Lodi. I request the right to have a hearing, and anticipate response from the City of Lodi. Please send a copy of the Morris Ray case decision and the violations that were waived.lf you should have any questions please contact me at (209) 339-8818. Sincerely, Faisal Sublaban :fs CITY coulucn. JACKA. SIEGLOCK M"M CITY OF LODI STEPHEN J. MANN Mr/or Pro TNrV" RAY G. DAVENPORT CITY HALL, 221 WEST PINE STREET JOHN R. (RNKW SNIDER P.O. BOX 3005 PHIWP A. PENNING LODI, CALIFORNIA 85241-1810 (208) 334.5634 FAX 003334M January 28, 1994 Faisal Sublaban 1906 Royal Crest Dr. Lodi, CA 95242 CERTIFIED MAIL NOTICE OF PUBLIC NUISANCE AND ORDER TO ABATE NOTICE OF PUBLIC NUISANCE Ig-kitTEa PERSO cri JENNIFER KI PERRIN City CWk BOB MCNATT City Attomry 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 Number - 047-080-22. Said Property is more commonly known as 1107 South Central Avenue, Lodi, California 95240. As 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 a PUBLIC NUISANCE As defined and prescribed for by Section 202 et seq. of the Housing Code of the City of Lodi. Sublaban (94-005) January 28, 1994 page 2 INSPECTIONS AND VIOLATIONS On January 19, 1994, the Building Official caused said property to be inspected. The following violations were discovered: Finding: 1. The detached garage has been converted into a separate dwelling unit. This existing condition is in direct violation of Section 1001, paragraphs (a) and (n), of the Housing Code of the City of Lodi which reads: Sec. 1001. (a) General. Any building or portion thereof which is determined to be an unsafe building in accordance with Section 203 of the Building Code; or any building or portion thereof, including any dwelling unit, guest room or suite of rooms, or the premises on which the same is located, in which there exists any of the conditions referenced in this section to an extent that endangers the life, limb, health, property, safety or welfare of the public or the occupants thereof shall be deemed and hereby are declared to be substandard buildings. (n) Improper Occupancy. All buildings or portions thereof occupied for living, sleeping, cooking or dining purposes which were not designed or intended to be used for such occupancies shall be considered substandard. Finding: 2. Construction of a second dwelling unit on a residential parcel which is zoned for one (1) residential unit. Elimination of the required covered off street parking which is necessary in the R-1 zone. This existing condition is in direct violation of Section 17.09.020, of the Lodi Municipal Code which reads: 17.09.020 Permitted uses - Generally. The following uses are permitted in the R-1 district: A. One -family dwelling, minimum six thousand five hundred square foot lot; B. Farming and gardening. (Prior code § 27-5(a)(1),(2)) Sublaban (94-005) January 28. 1994 page 3 ` 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 returned to its original occupancy. (b) The structure. on the property 'in question shall be vacated until further notice of the Building Official. Vacation must be accomplished by March 1, I994. Appropriate building, plumbing, mechanical, electrical, demolition, or other permits shall be obtained from the City of Lodi prior to the commencement of any work required herein. All repair and/or demolition work required herein shall begin within 45 days from the date of this Notice and shall be completed within 90 days of the date of this Notice. ORDER TO ABATE Pursuant to Section 201 of the Housing 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 1201 et seq. of said Housing Code. The appeal should be in writing and submitted to the City Council, in care of the City Clerk (221 West Pine Street, Lodi, CA 95240), within 30 days of the date of this Notice. 1 Sublaban (94-005) January 28, 1994 page 4 In the event of your failure to comply with re requirements set forth above, the following may apply: 1. A citation may 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. . I 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 - (209) 333-6714. S H. SIEMERS e Enforcement Officer cc: Donald Wolfe, 1107 S. Central Ave., Lodi, CA 95240 Occupant, Garage, 1107 S. Central Ave., Lodi, CA 95240 cc: Chief Building Official Community Development Director City Attorney DECLARATION OF MAILING on March 17, 1994 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 March 17, 1994, at Lodi, California. Jennifer M. Perrin City Clerk DEC#01/TXTA.FRM • CITY O ODI NOTI� OTIC)OF OF PUBLIC HEARING ' Date: April Carnegie Forum • ,. 305 West Pine Street, Lodi Time: 7:00 p.m. For information regarding this notice please contact: Jennifer M. Perrin City Clerk Telephone: (209) 333-6702 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Wednesday, April 20, 1994 at the hour of 7:00 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 Faisal Sublaban appealing Notice of Public Nuisance and Order to Abate on the property located at 1107 South Central Avenue, Lodi. 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 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 delivered to the City Clerk, 221 West Pine Street, at or prior to the Public Hearing. By Order of the Lodi City Council: e nifer Mrnn ity Clerk Dated: March 16, 1994 Tgt�as to form: _ e ! Bobby W. McNatt City Attorney J%C1TYCLRKIF0RMS«l0T1CF. DC:. 2.i76/94 A� Y QriE I G'�� PUBLIC HEARING LIST �C A/7/�nL FAAII ING t1sT ron. tir1LE r A('/ owN[n's NAME MAuNG AUUn[ss CITY. 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