HomeMy WebLinkAboutAgenda Report - June 5, 2002 E-15 PHAGENDA TITLE: Set a Public Hearing for June 19, 2002 to consider an appeal from tenant Pablo
Palaganas Sr., regarding the Notice and Order to Vacate issued for the property
located at 305 E. Maple Street, Lodi.
MEETING DATE: June 5, 2002
PREPARED BY: Community Development Director
RECOMMENDED ACTION: That the City Council set a public hearing for June 19, 2002, to consider an
appeal from tenant Pablo Palaganas Sr., regarding a Notice and Order to
Vacate issued for the single-family dwelling at the property located at 305
E. Maple Street, Lodi, California.
BACKGROUND INFORMATION: Pablo Palaganas Sr. is the tenant of the single-family dwelling
located at 305 E. Maple Street, a residential property on which
there is a single-family dwelling and a four -unit apartment building.
In response to complaints regarding the conditions of the property
and the obvious blighted and substandard conditions noted around the single-family dwelling during the
inspection of the rear apartment units, code enforcement personnel from the Community Improvement
Division had the opportunity to inspect the single-family dwelling and found severe substandard building
conditions. Those conditions, which include the lack of required heating facilities, hazardous wiring
installations and the improper occupancy of the basement area as living space, warrented that the
building be posted with a Notice to Vacate.
Subsequent to the posting of that Notice to Vacate, Mr. Palaganas has appealed and is asking that they
be allowed to stay in the dwelling for an additional two months. He states that the place that he has
located to move to will not be ready until then.
Mr. Palaganas' appeal to the City Council as our Board of Appeals is in accordance with the
requirements of the Uniform Housing Code and the Lodi Municipal Code.
FUNDING: No funding required.
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radtartlam
Community Development Director
Prepared by Community Improvement Manager Joseph Wood
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c: City Attorney
Property Owner
Appellant
APPROVED:
ixo Flynn -- Ci Manager
Set Palaganas Appeal Headng.doc 05!29/02
COMMUNTTY DEVELOPMENT DEPARTMENT
APPLICATION FOR APPEAL
BEFORE THE LODI CITY COUNCIL
SL'B.IECT ADDRESS OF APPEAL:
305 E. MAPLE STREET, LODI, CALIFORNIA PARCEL NO. 047-220-02
NA.NIE(S) AND OFFICIAL. MAMING ADDRESS(ES) OF APPELLANT(S):
PART.0 DAT,A_TANAR_
P.O. BOX 751
CLEMENTS, CA 95227
0 Additional Names .ACached
BRIEF STATEIN ENT OF INTERE.,�T IN THE SLBJECT ADDRESS:
Tenant in residence for past nine (9) months. I reside there with an adult son, who
is unemployed, and a friend and his wife.
0 Continued Oa Additional Page
3R --F STATEMENT OF THE ORDER OR AC —1. ON ?ROTFSTED, TOG Z7MR W 17 ANY -AATERLAL. FACT S C*. , L :) TO SUPPORT Tal CO TION
OF i HE APO4EL'..ANT(S):
Notice to Abate Hazardous Building, posted on May 3, 2002. There are 'several items
liatoA that nPaA to ha rcnraired in order to make the house habitable. I can stop people
from sleepinC in the basement, and I can clean up and remove inoperable cars and junk from
the property. The rest will have to be done by the Owner.
0 Continued Oa Additional Page
BRIE'r STATEMENT OF TRE RELIEF SOUGIiT AND THE REASONS WHY l s iS CLAMED THE PROTESTED ORDER OR ACTION SHOUIZ BE
REVERSED, .1AODWIED OROTiIERWISE SET?,SME.
T nTn tin goarc nlA_ T rarantly had surgQry on my right arm and cannot work. I have located
a place to move to; however, it will not be ready to occupy for two months. I am requesting
that I be allowed to remain in the house until the new residence is ready. I have tried
to find other places but cannot qualify based on my income and disability.
0 Continued On :additional Page
L PABLO PALAJANAS
DECLARE UNDER
PENALTY OF?MMMYTIAAT
INFORMA7I0N?R04'IDEDINT'ri1SAPPLICATION.FOR
APPS LIS TRUE AND CORRECT.
O
�- �
�.�y �, r
MAY � � 2002
SIGNATURES OF ALL PARTIES NAMED AS APPELLANTS:
.acCEPTED BY:
5250.00 FEE
SIGN'ATURE DATE
DATE: i LOZ TIME:
CHECK NO.: 42—q l 1 FEE W.A1 LD:
DECLARATION OF MAILING
Set Public Hearing for June 19.2002 to consider an appeal from tenant Pablo
Palaganas. Sr. regarding Notice and Order to Vacate issued for the property
located at 305 East Maple Street, Lodi
On June 6, 2002 in the City of Lodi, San Joaquin County, California, I deposited in the
United States mail, envelopes with first-class postage prepaid thereon, and additionally,
United States certified mail envelopes with first-class postage prepaid thereon and
indication of return receipt requested, containing a letter of notification, a copy of which
is 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 June 6, 2002, at Lodi, California.
ORDERED BY:
decmailltr/forms
ORDERED BY:
SUSAN BLACKSTON
CITY CLERK, CITY OF LODI
JENNIFER M. PERRIN
DEPUTY CITY CLERK
MAILING LIST
PUBLIC HEARING FOR JUNE 19, 2002 TO CONSIDER AN APPEAL FROM TENANT
PABLO PALAGANAS, SR. REGARDING NOTICE AND ORDER TO VACATE ISSUED
FOR THE PROPERTY LOCATED AT 305 EAST MAPLE STREET, LODI
Property Tenant Apoealinst Order:
Pablo Palaganas, Sr.
P.O. Box 751
Clements, CA 95227
Property Owner of Record:
Kaur Ashwinder & Amar Singh Mathfallu
P.O. Box 581
Acampo, CA 95220
Other Tenants at that Property:
Cielo Hernandez
305%2 East Maple Street #1
Lodi, CA 95240
Gabriel & Maria Cepeda
305%2 East Maple Street #2
Lodi, CA 95240
decmailist. doc/forms
(sent 2 letters, one via U.S. mail and one via U.S. Certified mail)
(sent copy of letter via U.S. mail)
(sent copy of letter via U.S. mail)
(sent copy of letter via U.S. mail)
CITY COUNCIL
PHILLIP A. PENNINO, Mayor
SUSAN HITCHCOCK,
Mayor Pro Tempore
EMILY HOWARD
KEITH LAND
ALAN S. NAKANISHI
Pablo Palaganas, Sr.
P.O. Box 751
Clements, CA 95227
CITY OF LODI
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODI, CALIFORNIA 95241.1910
(209) 333.6702
FAX (209) 333.6807
cityclrk@lodi.gov
June 6, 2002
H. DIXON FLYNN
City Manager
SUSAN J. BLACKSTON
City Clerk
RAN DALL A. HAYS
City Attorney
MAILED CERTIFIED MAIL #70001670 0008 4483 0954
AND REGULAR U.S. POSTAL DELIVERY
RE: PUBLIC HEARING FOR JUNE 19, 2002 TO CONSIDER AN APPEAL FROM
TENANT PABLO PALAGANAS, SR. REGARDING NOTICE AND ORDER TO
VACATE ISSUED FOR THE PROPERTY LOCATED AT 305 EAST MAPLE
STREET. LODI
This letter is to notify you that a Public Hearing will be held by the City Council on
Wednesday, June 19, 2002, at 7:00 p.m., or as soon thereafter as the matter can be
heard, at the Carnegie Forum, 305 W. Pine Street, Lodi.
This hearing is being held to consider the appeal of Pablo Palaganas, Sr. regarding the
Notice and Order to Vacate issued for the property located at 305 East Maple Street, Lodi.
If you challenge the proposed action 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 Council at, or prior to, the public hearing.
Note: Written correspondence for the City Council may be mailed in c% the City Clerk's
Office, P.O. Box 3006, Lodi, CA 95241-1910, or delivered to the City Clerk at 221 West
Pine Street, Lodi, California.
All proceedings before the City Council are conducted in English. The City of Lodi does
not furnish interpreters, and, if one is needed, it shall be the responsibility of the person
needing one.
Should you have any questions, please contact Community Improvement Manager Joseph
Wood in the Community Development Department at (209) 333-6823.
Sincerely,
Susan J. Blackston
City Clerk
SJBIJLT
cc: Community Development Director
Kaur Ashwinder and Amar Singh Mathfallu
Cielo Hernandez
Gabriel & Maria Cepeda
pubhearinoticesllappealLtr.doe
CITY OF LODI
CITY HALL, 221 W. PINE ST.
P. O. BOX 3006
LODI, CALIFORNIA 95241-1910
Office of the City Clerk
T
Pablo Palaganas, Sr.
P.O. Box 751
Clements, CA 95227
* SENDER:
M ■Complete items 1 andlor 2 for additional services. I also wish to receive the
m ■Complete items 3, 4a, and 4b. following services (for an
In ■Print your name and address on the reverse of this form so that we can return this extra fee):
card to you.
d ■� mi this form to the front of the mailpiece, or on the back if space does not 1. ❑ Addresses's Address
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• W rite'Rerum Recei t Re uesed' on the mailpiece below the article number. 2. El Delivery
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Return Receipt will show to whom the article was delivered end the date
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°qo��`P DECLARATION POSTING
Set Public Hearing for June 19, 2002 to consider an appeal from tenant
Pablo Palaganas, Sr. regarding Notice and Order to Vacate issued for the
Property located at 305 East Maple Street, Lodi
On Thursday, June 6, 2002 in the City of Lodi, San Joaquin County, California, a copy of
Notice of Public Hearing for June 19, 2002 to consider an appeal from tenant Pablo
Palaganas, Sr. regarding Notice and Order to Vacate issued for the property located at
305 East Maple Street, Lodi (attached hereto, marked Exhibit "A") was posted at the
following four locations:
Lodi Public Library
Lodi City Clerk's Office
Lodi City Hall Lobby
Lodi Carnegie Forum
declare under penalty of perjury that the foregoing is true and correct.
Executed on June 6, 2002 at Lodi, California.
ORDERED BY:
SUSAN J. BLACKSTON
CITY CLERK
Jennifer M. Perrin
Deputy City Clerk
forms�decpost.doc
• CITY OF LORI NOTICE OF PUBLIC HEARING
' Date: June 19, 2002
Carnegie Forum
305 West Pine Street, Lodi Time: 7:00 p.m.
For information regarding this notice please contact:
Susan J. Blackston
City Clerk
Telephone: (209) 333.6702
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that on Wednesday, June 19, 2002 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 at the Carnegie Forum,
305 West Pine Street, Lodi, to consider the following matter:
a) an appeal from tenant Pablo Palaganas, Sr. regarding Notice and Order to Vacate issued for the
property located at 305 East Maple Street, Lodi, California.
Information regarding this item may be obtained in the office of the Community Development Department
Director, 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:
Susan J. Blackston
City Clerk
Dated: June 5, 2002
Approved as to form:
Randall A. Hays
City Attorney
J:ICITYCLRKWORMS%NotOrdwWoM.doc 614!02