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HomeMy WebLinkAboutAgenda Report - June 19, 2002 G-01 PHCITY OF LODI COUNCIL COMMUNICATION LL - AGENDA TITLE: Conduct a Public Hearing 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 19, 2002 PREPARED BY: Community Development Director RECOMMENDED ACTION: That the City Council conduct a public hearing 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. Further, it is recommended that the City Council uphold the actions of the Community Improvement Division by denying the appeal and affirm the conditions noted which warranted the Notice to Vacate. 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 duplex dwelling. In response to complaints regarding the conditions of the property and the obvious blighted and substandard conditions that were noted around the single-family dwelling during the inspection of the rear duplex dwelling 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, warranted that the building be posted with a Notice to Vacate, which is attached as Exhibit A. Subsequent to the issuance and posting of that Notice and Order to Vacate, Mr. Palaganas filed an appeal 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. It should be noted that even though an appeal was filed in proper and timely manner, Uniform Housing Code (UHC) Section 1204 states that the enforcement of an order to vacate is not stayed pending the result of the appeal. For that reason, staff has and will continue to enforce this order to vacate unless Council rules in favor of the Appellant. UHC Section 202 declares any building, or portion thereof, as a public nuisance if substandard conditions are determined to exist. Those conditions which constitute substandard conditions are defined in UHC Section 1001, a copy of which is attached as Exhibit B for reference. APPROVED: H. bixdn Flynn -- Conduct Palaganas Appeal Hearing.doc 06/13/02 The inspection of the building found that there was no approved heating appliance in place within the dwelling and that is defined as Inadequate Sanitation in UHC Section 1001.2.6. A photo showing where the wall furnace was removed is attached as Exhibit C. The inspection also found extremely hazardous electrical wiring, outlets and fixtures in the dwelling and that is defined as Hazardous Electrical Wiring in UHC Section 1001.5. A photo showing an example of that hazardous wiring condition is attached as Exhibit D. An inspection of the basement area found that one or more of the occupants was using the basement area as a sleeping room. The use of that space for habitation is defined as Improper Occupancy in UHC Section 1001.14. There were further violations noted at the gas-fired water heater located within that basement area, where it was noted that the vent pipe for that water heater was deteriorated or improperly installed. This created even more of a hazard for the occupants of the dwelling, especially those using that basement as a sleeping room, due to the threat of carbon monoxide poisoning. That violation is defined as Hazardous Mechanical Equipment in UHC Section 1001.7. An inspection of the exterior of the dwelling found that in addition to an excessive accumulation of inoperable vehicles and debris, the electric service panel and the wiring and breakers within and around that panel were extremely deteriorated. That violation is defined as Hazardous Electrical Wiring in UHC Section 1001.5. Photos of that service panel and the surrounding electrical wiring are attached as Exhibits E & F. A photo of the exterior yard conditions is attached as Exhibit G. While additional substandard conditions were found throughout the dwelling and noted in that Notice and Order to Vacate, the aforementioned were the most severe and warranted the issuance of a Notice to Vacate. Amar Mathfallu, husband of the owner of record Kaur Ashwinder, has submitted a Declaration in support of Mr. Palaganas' appeal, which is attached as Exhibit H. In that declaration, Mr. Mathfallu states that they are willing to commence repairs which do not require a permit and then complete the remaining items when the property is vacated. What Mr. Mathfallu has failed to understand is that all the repairs necessary at this dwelling will require the issuance of a permit, with the exception of the clean up of the exterior of the property. As of this date, no progress has been made with any repairs or clean up of the exterior of the property as Mr. Mathfallu stated in his Declaration. Staff recommends that the City Council uphold the actions of the Community Improvement Division by denying the appeal and an order be issued, and certified by the City Clerk, that affirms that the conditions noted in the Notice and Order to Vacate do constitute unsafe building conditions and as such are a public nuisance. FUNDING: No funding required. Konradt Bartlam Community Development Director Prepared by Community Improvement Manager Joseph Wood KBrw c: City Attorney Property Owner Appellant Conduct Palaganas Appeal Hearing.doc CITY COUNCIL PHILLIP A. PENNING, Mayor SUSAN HITCHCOCK Mayor Pro Tempore EMILY HOWARD KEITH LAND ALAN S. NAKANISHI May 1, 2002 Kaur Ashwinder PO Box 581 Acampo, CA 95220 Page 1 of 5 CITY OF LODI CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 COMMUNITY IMPROVEMENT DIVISION (209) 333-6823 FAX (209) 333-6842 NOTICE AND ORDER TO VACATE H. DIXON FLYNN City Manager SUSAN J. BLACKSTON City Clerk RANDALL A. HAYS City Attorney SUBJECT ADDRESS: 305 MAPLE ST. - PARCEL NO. 047-220-02 The subject property has been determined to be a substandard building under Uniform Housing Code Section 1001. Inspections by this department found the following hazardous conditions as noted on the attached list of violations which render the building substandard under the provisions of the Uniform Housing Code: These conditions pose such an immediate threat to the life, limb, health, safety and welfare of the public at large and the occupants of this property to constitute an emergency. Therefore, notice is hereby given that this property must be vacated within 15 days of the date of mailing of this notice as required by Uniform Housing Code. section 1101.2(3)(3.2). A copy of this Notice and Order will be posted on the property. No person shall remain or enter the posted property unless a permit has been acquired to repair, demolish or remove the building. No person shall remove or deface any such Notice after it is posted until the required repairs, demolition or removal have been completed and approved by the City of Lodi. Any person violating these provisions is guilty of a misdemeanor and is subject to imprisonment in the County jail for six months or a fine of $1,000 or both. Pursuant to Section 301 of the Uniform Housing Code, no building or structure regulated by that code shall be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted or demolished unless a separate permit for each building or structure has first been obtained from the Community Development Department - Building Division. Such permit(s) must be obtained within 15 days from the Building Division at 221 West Pine Street, Lodi, California, 95240. EXHIBIT A May 1, 2002 Kaur Ashwinder PO Box 581 Acampo, CA 95220 Page 2 of 5 SUBJECT ADDRESS: 305 MAPLE ST. - PARCEL NO. 047-220-025 Any person having record title or legal interest in this property may appeal from this Notice and Order to Vacate to the City Council in accordance with Section 15.24.040., Lodi Municipal Code. Any appeal must be made in writing and submitted within 10 days from the date of mailing of this notice. This maybe done by filling out an application at the Community Development Department, 221 West Pine Street, Lodi, California. Submission of an appeal does not stay the Order to vacate the premises {Uniform Housing Code. section 1204). Failure to file such an appeal in accordance with the provisions of sections 1101 and 1201 of the Uniform Housing Code shall constitute a waiver of all rights to an administrative hearing and adjudication of the Notice and Order or to any portion thereof. Your maintenance of substandard housing may subject you to loss of deductions for interest, depreciation, taxes, and amortization pursuant to the Revenue and Taxation Code of the State of California, sections 17274 and 34436.5. NOTE: Failure to abate will result in reinspection fee(s) for each inspection until compliance is obtained. The amount charged for reinspection(s) is determined by the fee schedule of the individual departments. Ifyou have any questions regarding this matter, please contact Joseph Wood at ( 209) 333-6823. COMMUNITY DEVELOPMENT DEPARTMENT ROBERT HOLDSWORTH COMMUNITY IMPROVEMENT OFFICER COMMUNITY IMPROVEMENT DIVISION Cc: Palaganus Family, 305 Maple St. Lodi, CA 95240 Street Files NOTICE AND ORDER RENDERING THE BUILDING DANGEROUS (U.H.C. SECTION 1101) May 1, 2002 Kaur Ashwinder PO Box 581 Acampo, CA 95220 Page 3 of 5 SUBJECT ADDRESS: 305 MAPLE ST. - PARCEL NO. 047-220-02 1. The general condition of the dwelling is one of dilapidation and deterioration and is manifestly unsafe and unfit for human habitation. The property and dwelling have therefore become a public nuisance. Uniform Housing Code Section 1001.11 Uniform Housing Code Section 1001.14 2 There are no heating facilities capable of maintaining a room temperature of 70 degrees 3' above the floor in all habitable rooms. Such facilities shall be installed and maintained in a safe condition in accordance with Section 3102 of the Uniform Building Code, the Uniform Mechanical Code and all other applicable laws. Uniform Housing Code Section 701.1 Uniform Housing Code Section 701.2 Uniform Housing Code Section 701.3 3 Discontinue the use of the basement for living and sleeping purposes. Remove all material that is indicative of such a use or occupancy. Uniform Housing Code Section 1001,4 Uniform Housing Code Section 1001.14 4 There are hazardous receptacles throughout the dwelling. Additional wiring and circuits have been installed incorrectly. A review of the street file indicates no permit or inspections for the work done. Rewire the dwelling Uniform Housing Code Section 1001.5 5 Replace the improperly maintained wiring, fixtures and equipment at the service panel to eliminate the potential fire and safety hazard. Uniform Housing Code Section 1001.5 National Electrical Code Section 202 Listed below are violadons/conditions which do not render the building hazardous but are a component part of this Notice and Order and must be corrected to bring this property into compliance with the Uniform Housing Code and/or the Lodi Municipal Code- INTERIOR ode INTERIOR 5. The wall coverings throughout the dwelling are damaged and deteriorated. Prepare and paint the interior of the dwelling in an approved manner. Uniform Housing Code Section 1001.2.13 May 1, 2002 Kaur Ashwinder PO Box 581 Acampo, CA 95220 Page 4 of 5 SUBJECT ADDRESS: 305 MAPLE ST. - PARCEL NO. 047-220-02 6. Replace the damaged floor coverings in the bathrooms and kitchen in an approved manner. Uniform Housing Code Section 1001.2.13 7. Repair the split seam on the toilet in the main bathroom and the 2 -fixture bathroom off the bedroom in an approved manner. Uniform Housing Code Section 1001.6 8. Repair the split seam on the toilet in the main bathroom and the 2 fixture bathroom off the bedroom in an approved manner. Uniform Housing Code Section 1001.6 9. Replace the kitchen cabinetry, sink, faucets and P -trap in an approved manner. Uniform Housing Code Section 1001.2.13 10. Locate and eliminate source of excessive moisture that is causing mold to form. Clean mold from carpet, walls, and ceilings and maintain in a sanitary condition. Uniform Housing Code Section 1001.2.11 BASEMENT 11. Replace the damaged gas line to the water heater in an approved manner Uniform Housing Code Section 1001.6 12. Replace the damaged draft hood for the water heater in an approved manner. Uniform Housing Code Section 1001.6 13. Install a new Temperature and Pressure Relief Valve with a 3/4" drain line that"tem- inates at the exterior of the building no higher than 24" and no lower than 6" from grade with the end pointing downwards. The terminal end may not be threaded. Uniform Housing Code Section 1001.6 14. Install seismic strapping at the top and bottom third of the water heater in an approved manner. Uniform Housing Code Section 1001.6 EXTERIOR 15. Replace all the damaged and deteriorated window units throughout the dwelling in an approved manner. Installation to meet current code requirements. Uniform Housing Code Section 1001.8.2 16. Replace the damaged front entry door with a 13/e" solid core door assembly in an approved manner. Uniform Housing Code Section 1001.8.2 May 1, 2002 Kaur Ashwinder PO Box 581 Acampo, CA 95220 Page 5 of 5 SUBJECT ADDRESS: 305 MAPLE ST. - PARCEL NO. 047-220-02 17. Replace the damaged rear exit door. Install a 13/8"solid core door and assembly in an approved manner. Uniform Housing Code Section 1001.8.2 18. The exterior siding is deteriorated and damaged and lacks adequate weather protection. Replace the exterior siding in an approved manner. Uniform Housing Code Section 1001.8.3 19. Remove the inoperable vehicles from the property in an approved manner. Uniform Housing Code Section 1001.4 Lodi Municipal Code Section 10.56.020 20. Remove the trash, debris, car parts, trash bins and personal belongings from the property in an approved manner. Uniform Housing Code Section 1001.2.13 Uniform Housing Code Section 1001.2.15 21. Replace the damaged light fixture at the front entry door in an approved manner. Uniform Housing Code Section 1001.5 PERMIT REQUIREMENTS A Licensed Electrical Contractor will apply for and obtain the necessary permit foe all required electrical work. The necessary a permit for Building, Plumbing and Mechanical work may be obtained by the owner if he or she is doing the work. Otherwise a licensed contractor acting as agent for the property owner is required to obtain the permit. 1997 UNIFORM HOUSING CODE Chapter 10 SUBSTANDARD BUILDINGS SECTION 1001 - DEFINITION 1001.1 General. Any building or portion thereof that is deter- mined to be an unsafe building in accordance with Section 102 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 condi- tions referenced in this section to an extent that endangers the life, limb, health, property, safety or welfare of the public or the occu- pants thereof, shall be deemed and hereby are declared to be sub- standard buildings. 1001.2 Inadequate Sanitation. Buildings or portions thereof shall be deemed substandard when they are insanitary. Inadequate sanitation shall include, but not be limited to, the following: 1. Lack of or improper water closet, lavatory, bathtub or show- er in a dwelling unit or lodging house. 2. Lack of or improper water closets, lavatories, and bathtubs or showers per number of guests in a hotel. 3. Lack of or improper kitchen sink in a dwelling unit. 4. Lack of hot and cold running water to plumbing fixtures in a hotel. 5. Lack of hot and cold running water to plumbing fixtures in a dwelling unit or lodging house. 6. Lack of adequate heating facilities. 7. Lack of or improper operation of required ventilating equip- ment. 8. Lack of minimum amounts of natural light and ventilation required by this code. 9. Room and space dimensions less than required by this code. 10. Lack of required electrical lighting. 11. Dampness of habitable rooms. 12. Infestation of insects, vermin or rodents as determined by the health officer. 13. General dilapidation or improper maintenance. 14. Lack of connection to required sewage disposal system. 15. Lack of adequate garbage and rubbish storage and removal facilities as determined by the health officer. 1001.3 Structural Hazards. Buildings or portions thereof shall be deemed substandard when they are or contain structural haz- ards. Structural hazards shall include, but not be limited to, the fol- lowing: 1. Deteriorated or inadequate foundations. 2. Defective or deteriorated flooring or floor supports. 3. Flooring or floor supports of insufficient size to carry im- posed loads with safety. 4. Members of walls, partitions or other vertical supports that split, lean, list or buckle due to defective material or deterioration. 5. Members of walls, partitions or other vertical supports that are of insufficient size to carry imposed loads with safety. 6. Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that sag, split or buckle due to defective material or deterioration. 1001 1001.11 7. Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that are of insufficient size to carry im- posed loads with safety. 8. Fireplaces or chimneys that list, bulge or settle due to defec- tive material or deterioration. 9. Fireplaces or chimneys that are of insufficient size or strength to carry imposed loads with safety. 1001.4 Nuisance. Buildings or portions thereof in which there exists any nuisance as defined in this code are deemed substandard buildings. 1001.5 Hazardous Electrical Wiring. Electrical wiring that was installed in violation of code requirements in effect at the time of installation or electrical wiring not installed in accordance with generally accepted construction practices in areas where no codes were in effect or that has not been maintained in good condition or that is not being used in a safe manner shall be considered substan- dard. 1001.6 Hazardous Plumbing. Plumbing that was installed in violation of code requirements in effect at the time of installation or plumbing not installed in accordance with generally accepted construction practices in areas where no codes were in effect or that has not been maintained in good condition or that is not free of cross -connections or siphonage between fixtures shall be consid- ered substandard 1001.7 Hazardous Mechanical Equipment. Mechanical equipment that was installed in violation of code requirements in effect at the time of installation or mechanical equipment not in- stalled in accordance with generally accepted construction prac- tices in areas where no codes were in effect or that has not been maintained in good and safe condition shall be considered sub- standard. 1001.8 Faulty Weather Protection. Buildings or portions thereof shall be considered substandard when they have faulty weather protection, which shall include, but not be limited to, the following: 1. Deteriorated, crumbling or loose plaster. 2. Deteriorated or ineffective waterproofing of exterior walls, roof, foundations or floors, including broken windows or doors. 3. Defective or lack of weather protection for exterior wall cov- erings, including lack of paint, or weathering due to lack of paint or other approved protective covering. 4. Broken, rotted, split or buckled exterior wall coverings or roof coverings. 1001.9 Fire Hazard. Any building or portion thereof, device, apparatus, equipment, combustible waste, or vegetation that, in the opinion of the chief of the fire department, is in such a condi- tion as to cause a fire or explosion or provide a ready fuel to aug- ment the spread and intensity of fire or explosion arising from any cause shall be considered substandard. 1001.10 Faulty Materials of Construction. The use of materi- als of construction, except those that are specifically allowed or approved by this code and the Building Code, and that have been adequately maintained in good and safe condition, shall cause a building to be substandard. 1001.11 Hazardous or Insanitary Premises. The accumula- tion of weeds, vegetation, junk, dead organic matter, debris, gar - 19 EXHIBIT B 1001.11 1001.14 bage, offal, rat harborages, stagnant water, combustible materials, and similar materials or conditions on a premises constitutes fug, health or safety hazards that shall be abated in accordance with the procedures specified in Chapter 11 of this code. 1001.12 Inadequate Exits. Except for those buildings or por- tions thereof that have been provided with adequate exit facilities conforming to the provisions of this code, buildings or portions thereof whose exit facilities were installed in violation of code re- quirements in effect at the time of their construction or whose exit facilities have not been increased in number or width in relation to any increase in occupant load due to alterations, additions or change in use or occupancy subsequent to the time of construction shall be considered substandard. Notwithstanding compliance with code requirements in effect at the time of their construction, buildings or portions thereof shall be considered substandard when the building official finds that an unsafe condition exists through an improper location of exits, a 20 1997 UNIFORM HOUSING CODE lack of an adequate number or width of exits, or when other condi- tions exist that are dangerous to human life. 1001.13 Inadequate Fire -protection or Firefighting Equip- ment. Buildings or portions thereof shall be considered substan- dard when they are not provided with the fire -resistive con- struction or fire -extinguishing systems or equipment required by this code, except those buildings or portions thereof that con- formed with all applicable laws at the time of their construction and whose fire -resistive integrity and fire -extinguishing systems or equipment have been adequately maintained and improved in relation to any increase in occupant load, alteration or addition, or any change in occupancy. 1001.14 Improper Occupancy. All buildings or portions there- of occupied for living, sleeping, cooking or dining purposes that were not designed or intended to be used for such occupancies shall be considered substandard. 305 MAPLE - WALL FURNACE REMOVED EXHIBIT C 305 MAPLE - SUBSTANDARD ELECTRICAL EXHIBIT D w U cr w V) J Q U cc I - w LV J W 0 W m CC Q cr x w W w 0 w CL Q LO 0 M r a i $ .�, a y.�"7�`5"ir -1,iY �`�� � r L.��,✓ � �i r::' � t SJ `�*� c ''Y pis fA `W x•<y� , _�,. .s: Z k. �-.Y `gip.. - .t r:'' T� Z ��t'YI�- • � � � . ��... ' -� c� x,. — '%• ids .0 _ ,�: e�-t � .. +,�r, g •: ,�,`-„`"gyp”, _'r�ij 1 ♦" � - 33"" k N � f, Ski 1:, ( 1, i f i � r � • ".Y.itt iYF.�Y�i� i_ � µ_ pa y ` • � I � r DECLARATION OF AMAR MATHFALLU I, AMAR MATHFALLU, declare that I am the husband of KAUR ASHWINDER, the owner of the home located at 305 E. Maple Street, Lodi, California. I am making this Declaration in support of PABLO PALANAJAS' request for a delay in moving out of the residence at 305 E. Maple Street, Lodi, California. We are willing to start fixing those items listed in the Notice and Order to Abate that can be done without a permit; i.e., replace windows, replace exterior doors and replace exterior siding, and then obtain permits and complete the other work after PABLO PALANAJAS has moved. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Dated: May 13 , 2002 r AMAR MATHFALLIJ EXHIBIT H '#�00 yOF� U 09</FOFtaP DECLARATION 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 OF uIrl 0 n �a 9<�r0k 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 Appealing 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% East Maple Street #1 Lodi, CA 95240 Gabriel & Maria Cepeda 305%2 East Maple Street #2 Lodi, CA 95240 decmailist.doc/fotms (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 RANDALL A. HAYS City Attorney MAILED CERTIFIED MAIL $7000 1670 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!o 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, Califomis. 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 SJB/JLT cc: Community Development Director Keur Ashwinder and Amar Singh Mathfallu Cielo Hernandez Gabriel & Maria Cepeda pubhear/noticesaAppealLtr.doc 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 T o SENDER: 13 ■ Complete items 1 anNor 2 for additional services. ■Complete items 3,4a, and 4b. I also wish to receive the following services (for an a sprint your name and address on the reverse of this form so that we can return this extra fee): u card to you. ■ Attach this form to the front of the mailpiece, or on the back it space does M1, 0 Addressee's Address 0 permi o ■wri e,Retum Receipt Requested' on the maitpiece below the article number. 2, ❑ Restricted Delivery N .� ■ The Return Receipt will show to whom the article was delivered and the date delivered. Consult postmaster for fee. a Postage $ o -a 3. ArticleAddressed to: 4a. Article Number a P,ACiAnAS, " O CAo $3 l J'V P r-` c y lir ! 1 o 4b. Seryice Ty y� f, - ❑ Registered Certified °C I ^) vi �, _ l lc tY) e -0K 1. i� Cpm c�C awl ❑ Express Mail �C ❑ Insured ❑ Retum Receipt for WM rhandise ❑ COD a M r7- Date of Delivery 2 Here 0 T I requested c r` r` 0 0 m m Postage $ Certified Fee Postmark M Return Receipt Fee (Endorsement Required) Here C3 O O O E:3 Restncted Delivery Fee (Fndorsement Requvedl C3 Total Postage &Fees $Li •� � Sunt iu IAEA.,,-_. o o �.�.�.� .IOFB U 0, �P DECLARATION R ' 9(�FORc� 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 I 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 Q17 ;� ",-z Jacqline L. IfWor Dep;City C rk Jennifer M. Perrin Deputy City Clerk form \decpost.doc • CITE OF LODI 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: %441- j i Randall A. Hays City Attorney J.NCITYCLRKWORMS%NotOrderWood.doc 6/4102 I q 7 MAP& 57. 7:tRa�E ej'z C)Q)e-5 Z?om'r 7TR,,q-s W �Z- Z- )t:',Q/)A, XM1,1 i)AP) DP )6j4l6- JE- Al-eLL� 766-- 7415 //7/g9V5-Z- 1-114?,cw 11577- p. VeEVR-S Ale)LL), 7- -r 'T 41 U3 CZ7596,t4e)57 o AJ n-A,57C ot-j /utt/r 'St' 127-1:ooua �56— 7 F 74/5 IGS. ► ��s� CITY COUNCIL PHILLIP A. PENNING, Mayor SUSAN HITCHCOCK Mayor Pro Tempore EMILY HOWARD KEITH LAND ALAN S. NAKANISHI June 21, 2002 CITY OF LODI CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 COMMUNITY IMPROVEMENT DIVISION (209) 333-6823 FAX (209) 333-6842 Pablo Palaganas, Sr. P.O. Box 751 Clements, CA 95227 Page 1 of 2 305 MAPLE STREET - PARCEL NO. 047-220-02 ORDER OF THE CITY COUNCIL H. DIXON FLYNN City Manager SUSAN 3. BLACKSTON City Clerk RANDALL A. HAYS City Attorney On June 19, 2002, the Lodi City Council, acting as the Board of Appeals, conducted a public hearing to hear your appeal regarding the Notice and Order to Vacate that was issued on May 1, 2002, for the above-mentioned address, for which you are a tenant of. During that public hearing, the City Council heard and considered testimony from the Community Development Department staff, and from members of the public, in relation to the conditions that exist in and around the structure that warranted the issuance of the Notice and Order to Vacate. JW l:lCommunity DevelopmenACommunity ImprovementlOrders of the City Council\305 Maple.doc Pablo Palaganas, Sr. P.O. Box 751 Clements, CA 95227 Page 2 of 2 After full and fair consideration of the evidence and testimony received at that hearing, the City Council affirmed staffs findings and conditions that the building, or portion thereof, was unsafe and a public nuisance and thereby denied the appeal and issued the order, to be certified by the City Clerk, that the building or structure be vacated within 10 days from the issuance of their order. COMMUNITY DEVELOPMENT DEPARTMENT c: Kaur Ashwinder & Amar Singh Mathfallu SUSAN J. BLACKSTON CITY CLERK