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HomeMy WebLinkAboutAgenda Report - April 21, 1993 (80)os CITY OF LODI COUNCIL COMMUNICATION AGENDA TITLE: Appeal Received from Gregg M. Yoshimoto, Attorney, on behalf of Kinuye Yoshimoto Regarding Vehicle Abatement Notices Numbers 1657 and 1658 Issued to 1305 Burgundy Court by the Community Development Director MEETING DATE: April 21, 1993 PREPARED BY: Community Development Director RECOMMENDED ACTION: That the City Council conduct a public hearing to consider the appeal of Gregg Yoshimoto, Attorney, on behalf of Kinuye Yoshimoto regarding Vehicle Abatement Notices Numbers 1657 and 1658 issued to 1305 Burgundy Court by the Community Development Director, and take appropriate action. BACKGROUND INFORMATION: On September 16, 1992 Code Enforcement Officer James H. Siemers identified three abandoned automobiles at 1305 Burgundy Court and informed the property owner, Kinuye Yoshimoto, that thay should be removed or concealed from public view. On September 18, 1992 one of the owner's sons contacted the City and asked for additional time so that the automobile could be made operable. The staff agreed to a 90 day extension. On December 12, 1992 the automobiles had not been moved or made operable. At this point they arere ordered removed or the City would have its contract automobile hauler take possession. Mr. Gregg Yoshimoto, Attorney and a second son of the property owner appealed Mr. Siemers' order to the Community Development Director. At 10:00 a.m., Thursday, January 21, 1993 the Community Development Director conducted a hearing on the appeal of the order of James H. Siemers, Code Enforcement Officer, to abate, by removal, the following vehicles from 1305 Burgundy Court. 1. 1982 Audi, CA Plate 1DWW832 2. 1978 Chrysler, CA Plate 371UVO 3. 1982 Dodge Van, Oregon Plate NXM132 At the conclusion of the hearing the Community Development Director made the following findings: 1. The 1982 Audi was in fact operable and ordered the file closed and that no further action be taken; APPROVED. THOMAS A. PETERSON City Manager CCCD93.12/TXTD.01C W retY��ed p�psr CC•S Yoshimoto Vehicle AbatemenL Notice Appeal April 21, 1993 Page two 2. The 1978 Chrysler was inoperable and unlicensed and ordered that it be removed from 1305 Burgundy Court or hidden from view within 60 days (i.e. March 22, 1993); and 3. The 1982 Dodge Van was inoperable and ordered that it be removed from 1305 Burgundy Court or hidden from view within 60 days (i.e. March 22, 1993). Present at the hearing were Kinuye Yoshimoto, Gregg Yoshimoto, Code Enforcement Officer James Siemers, City Attorney, Bob McNatt and the Community Development Director. Since special circumstances existed, the Community Development Director extended the appeal period from 15 days to 45 days and allowed the 60 day abatement period. As of April 13, 1993 the 1978 Chrysler and 1982 Dodge Van were in the same locations as they were during the period before the Community Development Director's hearing. It should be noted that this is the first abandoned automobile appeal to come before the City Council since the private property program was started over 20 years ago. FUNDING: None required. a s . Sc roe r C unity Development Director JOS/cg Attachments CITY COUNCIL PHILLIP A. PENNINO %iavOf JACK A. SIEGLOCK Mavor Pro Tempore RAY G. DAVENPORT STEPHEN I MANN JOHN R. (Randy) SNIDER January 22, 1993 CITY OF LODI Mr. Greg Y. Yoshimoto 234 Maple Street, Suite C Manteca, CA 95336 Dear Mr. Yoshimoto: CITY HALL, 221 WEST PINE STREET P O BOX 3006 LODI, CALIFORNIA 95 241-1 91 0 (209) 334-5634 FALX (:09) 333.6795 RE: Hearing on Vehicle Abatement Notices violation 1656, 1982 Audi Violation 1657, 1978 Chrysler Violation 1658, 1982 Dodge van THOMAS A PETERSON erty Manager IENNIFER M_ PERRIN Citv Clerk 909 MCNATT City Attorney At 10:00 a.m., Thursday, January 21, 1993 the Community Development Director conducted a hearing on your appeal of the order of James H. Siemers, Code Enforcement Officer, to abate, by removal, the following vehicles from 1305 Burgundy Court. 1. 1982 Audi, CA Plate 1DWW832 2. 1978 Chrysler, CA Plate 371UVO 3. 1982 Dodge Van, Oregon Plate NXM432 At the conclusion of the hearing the Community Development Director made the following findings: 1. The 1982 Audi was in fact operable and ordered the file closed and that no further action be taken; 2. The 1978 Chrysler was inoperable and unlicensed and ordered that it be removed from 1305 Burgundy court or hidden from view within 60 days (i.e. March 22, 1993); and 3. The 1982 Dodge Van was inoperable and ordered that it be removed from 1305 Burgundy Court or hidden from view within 60 days (i.e. March 22, 1993). If you or'the property owner, Kinuye Yoshimoto, wish to appeal any or all of the above orders to the City Council you may do so in writing within 45 days. Your appeal, if any, should be directed to Jennifer Perrin, City Clerk, and must be received by her by 5:00 p.m., Monday, March 15, 1993. Sincerely, Pmo� 5B. SCHROEDuni ty yDevelopment Director cc: Kinuye Yoshimoto City Attorney Code Enforcement Officer .e City o A - Community Development De— -tment Code Compliance - Building Inspection Division Substandard Building Abatement - 1988 UHC or 1988 UCADB ............................................................. COMPLAINT" FORM U, J�v Complaint Date: a+aaaa+saa+aaaaa ++++a....a..aaa♦aa+aa+•+aaa..aa.a+►++aa+aaa t� Situs Address: AP # Complainant: Ph # Address: cty/st 'a++aaa+.aaa+a+..aaaa COMPLAINTDESCRIPTION+•a+s+aaaaaa.+aaaa. . r_ .a _ ►a+aaaa+aaaa.aa.a+a+aaaaa+++++♦aaaaaaa+a+aaaaaaa+aaaa++aa+sa+a r CITY OF UAI l� ee Community Development Department 221 West Pine Street Lodi, California 95241-1910 Telephone (209) 333-6711 Location of Vehicle�L— Year i^ Make Model Notice of Intention to Abate and Remove an Abandoned, Wrecked, Dismantled, or Inoperative Vehicle or Parts Thereof as a Public Nuisance. Violation No. U•= Lic. No.-,v•r.r r , V.I.N. ^' i Body Type 11 -in PropertyOwner — -- -- Address _---- RegisteredOwner Address 17 to Ay . C1r C74,11 — Legal Owner Other Address You as property and/or vehicle owner are hereby notified that the undersigned, pursuant to section 10. 56. L'L^ Lodi Municipal Code, has determined that there exists upon said land an abandoned, wrecked, dismantled or In- operative vehicle or parts of a vehicle which constitutes a public nuisance. You as property and/or vehicle owner are hereby notified to abate said nuisance by the removal of said vehicle or said parts of a vehicle within ten (10) Jays from the date of mailing of this notice, and upon your failure to do so the same will be abated and removed by the City of Lodi. The costs thereof, together with administrative costs, may be assessed to the owner of the land on which said vehicle or said parts of a vehicle are located. The property owner or vehicle owner may, within ten (10) days after the mailing of this notice of intention, request a public hearing, and if such a request is not received by this department within such ten (10) day period, the City of Lodi shall have the authority to abate and remove said vehicle or said parts of a vehicle as a public nuisance and assess the costs as aforesaid without a public hearing. The property owner may submit a sworn written statement within such ten (10) day period deny- ing responsibility for the presence of said vehicle or said parts of a vehicle on said land, with any reasons for denial, and such statement shall be construed as a request for a hearing at which the property owner's presence Is not required. You may as the property or vehicle owner appear in person at any hearing requested by you or, in lieu thereof, the property owner may present a swom written statement as aforesaid in time for consideration at such hearing. if it is determined that the vehicle was placed on the land without the consent of the owner of the land and that he has not acquiesced in its presence, the costs of administration or removal of the vehicle shall not be assessed against the property upon which the vehicle is located. .— THIS CODE DOES NOT APPLY to a vehicle, or parts thereof, which is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property, or which is located behind a solid fence six feet in height. Code Enforcement Officer •3.r. Siemrs Date Mailed Vehicle Removed By Remarks: (Owner oS T 1� %j t' i �y nature i Case Fi B n y 1 lie - Date Date 8+0.,8 b89 Chapter 10.56 RLMOVAL OF VEHICLES sections: 1056.010 Removal from streets and/or. from privately owned or publicly owned parking facilities. 1056.020 Removal front private propem 1056.410 Removal from streets and/ or from privately owned or publicly owned Parking faaiities. i Any officer of the police department or regularly employed or salaried I employee who is engaged in enforcing parking laws and regulations of the city may remove or cause to be removed a vehicle in accordance with the provisions of the Vehicle Code and the following A. Any vehicle that has been parked or left standing upon a street or alley for seventy-two or more conswutive hours. B. Any vehicle which is parked or left standing upon a meet when such parking or standing is prohibited by ordinance or resolution and signs are posted giving notice of removal C. Any vehicle which is parked or left standing upon a street where the use of such street or any portion thereof is nec- essary for the cleaning, repair or construction of the street or for the installation of underground utilities. or where the use of the street or any portion thereof is necessary for the movement of equipment, tractors or structures of unusual size, and the parking of such vehicle would prohibit or interfere with 166 mil .moon 10.56.010 such use or movement: provided, that 1. "Public property" does not include signs giving notice that such vehicle may "highway. .. be removed are erected or placed at least 2. "Owner of land" means the owner twenty-four hours prior to the removal. of the land on which the vehicle, or parts (Vehicle Code §'?650 et seq.) (Ord. 1402 thereof is located, as shown on the last § I (part). 1987) equalized assessment roll. C. Exceptions. This chapter shall not 1056.020 Removal from private apply to: property. 1. A vehicle, or parts thereof which is A. Findings and Declarations. In completely enclosed within a building in addition to and in accordance with the a lawful manner where it is not visible determination made and the authority from the street or other public or private granted by the state under Section 22660 property, or of the Vehicle Code to remove aban- ? A vehicle, or parts thereof, which is doned, wrecked, dismantled or located behind a solid fence six feet or inoperative vehicles or parts thereof as more in height or which is not plainly public nuisances, the council makes the visible from a highway: or following findings and declarations: The 3. A vehicle. or pans thereof, which is accumulation and storage of abandoned, stored or parked in a lawful manner on wrecked, dismantled or inoperative vehi- private property in connection with the cies or parts thereof on private or public business of a licensed dismantler, property, not including highways, is licensed vehicle dealer, or junk dealer, or found to create a condition tending to when such storage or parking is necessary reduce the value of private property, to to the operation of a lawfully -conducted pro -note blight and deterioration, to business or commercial enterprise. invite plundering, to create fire hazards, Nothing in this section shall authorize to constitute an attractive nuisance creat- the maintenance of a public or private ing a hazard to the health and safety of nuisance as defined under provisions of minors, to create a harborage for rodents law other than Chapter 10 (commencing and insects, and to be injurious to the with Section 2-1650) of Division 11 of the health, safety and general welfare. There- Vehicle Code and this chapter . fore. the presence of an abandoned, D. Nonexclusive Regulations. This wrecked. dismantled or inoperative vein- chapter is not the exclusive regulation of cle or parts thereof on private or public abandoned. wrecked. dismantled or property, not including highways, except inoperative vehicles within the city. It as expressly hereinafter permitted, is shall supplement and be in addition to declared to constitute a public nuisance the other regulatory codes. statutes and which may be abated as such in accord- ordinances heretofore or hereafter ante with the provisions of this chapter enacted by the city, the state or any other B. Definitions. As used in this chap- legal entity or agency having jurisdiction. ter. E. Administration. Except as other - 167 1Lodi 1.891 10.56.0:0 wise provided in this chapter, the provi- sions of this chapter shall be administered and enforced by the com- munity development director. In the enforcement of this chapter, such officer and deputies may enter upon private or public property to examine a vehicle. or parts thereof, or obtain information as to the identity of a vehicle (and to remove or cause the removal of a vehicle or parts thereof) declared to be a nuisance pur- suant to this chapter. F. Contractor or Franchise Holder — Entry to Remove Vehicle. When the council has contracted with or granted a franchise to any person or persons: such poison or persons shall be authorized to enter upon private property or public property to remove or cause the removal ofa vehicle or parts thereofdeciared to be a nuisance pursuant to this chapter: G. Administrative Costs. The council shall from time to time determine and fix an amount to be assessed as admin- istrative costs (excluding the actual coat of removal of any vehicle or parts thereof) under this chapter: H. Community Development Direc- tor — Authority to Cause AbatemenL Upon discovering the existence of an abandoned, wrecked. dismantled 'or inoperative vehicle, or parts thereof; on private property or public property within the city, the community develop- ment director shall have the authority to caux the abatement and removal thereof in accordance with the procedure pre- scribed in this section. I. Notice of Intention. ?► ten-day notice of intention to abate and remove the vehicle. or parts thereof. as a public tool _as, 168 nuisance shall be trailed by registered mail to the owner of the land and to the owner of the vehicle, unless the vehicle is in such condition that identification numbers am not available to determine ownership. The notice of intention shall be in substantially the following form: NOTICE OF INTENTION TO ABATE AND REMOVE AN ABAN- DONED, WRECKED, DIS- MANTLED. OR INOPERATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE (Name and Address of Owner of the Land) As owner shown on the last equal- ized assessment roil of the land located at (address). you are notified that the undersigned. pursuant to Ordinance No. has determined that there exists upon said land an (or parts of an) abandoned, wrecked. dis- mantled. or inoperadve vehicle regis- tered to license number which constitutes a public nuisance pursuant to the provisions of Ordinance No. You are hereby notified to abate said nuisance by the removal of said vehicle (or said pars of a vehicle) within I O days from the date of mailing of this notice and, upon your failure to do so. the same will be abated and removed by the City and the cost, thereoE together with administrative cosm assessed to your as owner of the land on which said vehicle (or said Parts of a vehicle) is located. G( 1 10.56.020 As owner of the land on which said (Name and address of last reginc ed vehicle (or said pars of a vehicle) is and/or legal owner of record of vehicle located, you are hereby notified that — Notice should be given to both if you may, within 10 days after the mail- different) ing ofthis notice of intention. request a of this notice. public hearing and. if such a request is As last registered (and/or legal) not received by the Community owner of record of (description of Development Director within such 30- vehicle — make, modes. license, etc.), day period. the Community Develop- you are hereby notified that the under- ment Director shall have the authority signed, pursuant to Ordinance No. to abate and remove said vehicle (or --. has determined that said said pars of a vehicle) as a public nui- vehicle (or parrs of a vehicle) cEists as sane and assess the costs as aforesaid an abandoned, wrecked, dismantled, without a public hearing. You may or inoperative vehicle at (described submit a sworn written statement location on public or private property) within such 10 -day period denying and constitutes a public nuisance put - responsibility for the presence of said scant to the provisions of Ordinance vehicle (or said parts of a vehicle) on No. saidland, with your reasons for denial, ing. and such statement shall be construed You are hereby notifrea to aoate asa. request fora hearing at which your said nuisance by the removal of said presence is not required You may vehicle (or said parts of a vehicle) appear in person at any hearing within 10 days from the date ofmailing requested by you or the owner of the of this notice. vehicle, or in lieu thereof:+ may present a sworn written statement as aforesaid As registered (and/or legal) owner of in time for consideration at such hear- record of said vehicle (or said parts of a ing. vehicle), you are hereby notified that you may, within 10 days after the mail - Notice Mailed s/ ing ofthis notice ofintention, request a (Date) Community public hearing and, ifsuch a request is Development not received by the Community Director Develoment Director within such 10 - day period, the Community Develop - NOTICE OF INTENTION TO ment Director shag have the authority ABATE AND REMOVE AN ABAN- to abate and remove said vehicle (or D O N E D . WRECKED, DIS- said parts of a vehicle) without a hear - MANTLED. OR INOPERATIVE ing. VEHICLE OR PARTS THEREOF AS A PUBLIC NUISANCE 10.56.0_0 Notice Mailed sl K Public Hearing by Community (Date) Community Development Director. Development 1. All hearings under this chapter shall , Director be held before the community develop- ment director who shall hear aO facts and I Public Hearing. Upon request by testimony he/she deems pertinent. Such the owner of the vehicle or owner of the facts and testimony may include testi- land. received by the community devel- mony on the condition of the vehicle or opment director within ten days after the Parts the, eof and the circumstances con - mailing of the notices of intention to cerning its location on the private prop - abate and remove. a public hearing shall erty or public property, The community be held by the community development development director shall not belimited director on the question of abatement by the technical Hiles of evidence. The and removal of the vehicle or pars owner of the land may appear in person thereof as an abandoned, wrecked, dis- at the hearing or present a sworn written mantled or inoperative vehicle, and the statement in time for consideration at the assessment of the administrative costs hearin& and deny responsibility for the and the cost of removal of the vehicle or presence of the vehicle on the land, with parts thereof against the property on reasons for such denial. which it is located 2. The community development If the owner of the land submit, a director may impose such conditionsand sworn written statement denying &capon- take such of `ter action he/she deems siolity for the presence of the vehicle on appropriate under the circumstances to his/her land within such ten-day period. carry out the purpose of this chapter The said statement shall be construed as a community development director may request for a hearing. which does not delay the time for removal of the vehicle require the owner's presence. Notice of or parts thereof if. in his/her opinion. the the hearing shall be mailed, by registered circumstances justify it. At the conclu- marl. at least ten days before the hearing, cion of the public hearing, the commu- to the owner of the land and to the owner nity development director may find that ofthe vehicle, unless the vehicle is in such a vehicle or parts thereof has been aban- condition that identification numbers doned, wrecked, dismantled or is are aot available to determine inoperative on private or public properry ownership. Ifsuch a request for hearing is and order the same removed from the not r=ved within said ten days atter propem+ as a public nuisance and & mail ingofthenotice ofintentiontoabate posed of as hereinafter provided and and remove, the city shall have the determine the administrative costs and authority to abate and remove the vehi- the cost of removal to be charged against cle or par -i thereof as a public nuisance the owner of the land Tice order requir- without I .ding a public hearing. ing removal shall include a description of ILAWI i -asp 170 14.56.020 the vehicle or parts thereof and the cor- council shall not be limited by the tech - rem identification number and license nical rules of evidence. number of the vehicle. if available at the M. Removal of Vehicles. Five days site. after adoption of the order declaring the 3. If it is determined at the hearing vehicle or parts thereof to be a public that the vehicle was placed on the land nuisance, five days from the date of nui1- without the consent of the owner of the ing of notice of the decision if such notice WW and that the owner has not subse- is required by subsection K of this sec- quently acquiesced in its presence. the tion, or fifteen days after such action of community development director shall the governing body authorizing removal not assess the costs of administration or following appeal, the vehicle or parts removal of the vehicle against the prop- thereof may be disposed ofby removal to em upon which the vehicle is located or a scrapyard or automobile dismantlers otherwise attempt to collect such coats yard. After a vehicle has been removed. it from such owner of the land. shall not thereafter be reconstructed or 4. if the owner of the land submits a made operable. sworn written statement denying respon- N. Notice to Department of Motor sibility for the presence of the vehicle on Vehicles within five days after the date his/her land but does not appear. or if an of,,-, val of the vehicle or parts thereof, irterested party makes a written presen- notice shall be given to the Department talion to the community development of Motor Vehicles identifying the vehicle director but does not appear, the owner or parts thereof removed At the sant_ or interested party shalt be notified in time, there shall be transmitted to the writing of the decision. Department of Motor Vehicles any evi- L Appeal to Council. dence of registration available. including 1. Any interested party may appeal registration certificates, certificates of the decision of the community develop- title and license plates ment director by filing a written notice of O Assessment of Cosa. If the admin - appeal with the community develop- istmtive costs and the coat of removal ment director within five days after the which are charged against the owner of a decision. parcel of land pursuant to subsection K ? Such appeal shall be heard by the of this section are not paid within thirty council which may affirm. amend or days of the date of the order or the final reverse the order or take other action disposition of an appeal therefrom. such deemed appropriate. costs shall be assessed against the parcel 3. The city clerk shall give written of land pumant to Section 387735 of notice of the time and place of the hear- the Government Code and shall be traas- ing to the appellant and those persons mitted to the tax collector for collection. specified in this title. The assessment shall have the same pri- 4. In conducting the hearing, the ority as other city taxes 171 , Lads 143) 10.56.020 P. Unlawful to Abandon. Park. Store or Leave vehicle. It shall be unlawful for any person to abandon, park, store or leave or permit the abandonment. park• ing. storing or leaving of any licensed or unlicensed vehicle or parts thereofwhich is in an abandoned. wrecked. dismantled or inoperative condition upon any pri- vate property or public property, not including highways. within the city for a period in excess of seven days unless such vehicle or parts thereof is completely enclosed within a building in a lawful manner where it is not plainly visible from the street or other public or private property, or unless such vehicle is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle de2ler. or a junkyard, or when such stor- age or parking is necessary to the opera- tion of a lawfully -conducted business or commercial enterprise. Q. Unlawful to Refuse to Comply With Orden It shall be unlawful for any person to fail or refuse to remove an abandoned, wrecked, dismantled or inoperative vehicle, or parts thereoil or refuse to abate such nuisance when ordered to do so in accordance with the abatement provisions of this chapter or state law where such state law is applica- ble. pplicable. (Vehicle Code § 22660) (Ord. 1402 1 (part). 1981 ,L�M t -U) 1721184 G DECLARATION OF MAILING On March 19, 1993 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 •8• 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 19, 1993, at Lodi, California. Jennifer M. Perrin City Clerk P colini Deputy City Clerk DEC#01/TrrA.FRM OTICE OF PUBLIC HEARING CITY Or LOD! Date: April 21, 1993 e� • CAR`EGIE FORUM 7: oo p.m. 30.5 West Pine Street. Lodi Time: For information regarding this Public Hearing Exhibit "A" Please Contact: Jennifer M. Perrin City Clerk Telephone: 333.8702 NOTICE OF PUBLIC HEARING April 21, 1993 NOTICE IS HEREBY GIVEN that on Wednesday, 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 Gregg M. Yoshimoto, Attorney, on behalf of Kinuye Yoshimoto regarding Vehicle Abatement Notices, Violation Numbers 1657 and 1658 issued by the Community Development Director on January 21, 1993 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: 1 I 'fer in City Clerk` . March 17, 1993 Dated: Approved as to form: , Bobby W. McNatt City Attorney YOSHIMOTO PUBLIC HEARING MAILING LIST EXHIBIT "B" Gregg M. Yoshimoto 1305 Burgandy Court Lodi, California 95242 Kinuye Yoshimoto 1305 Burgandy Court Lodi, California 55242 Jim Schroeder Community Development Director City of Lodi ro M B M O R A N D U M To: File (� From: Jennifer M. Perrin ,c!f City Clerk Date: April 30, 1993 Subject: Public Hearing Regarding Appeal from Gregg Yoshimoto At approximately 10:45 a.m., Community Development Director Jim Schroeder informed me that Gregg Yoshimoto called earlier this morning and said that he had not received the attached letter that Mr. Schroeder mailed to him certified mail. Mr. Schroeder then informed me that in response to this phone call, he faxed the letter to Mr. Yoshimoto at approximately 10:30 a.m. ��� T r CITY COUNCIL PH1111P A PENNING .Mayor MI:K A SIECLOCK Naves Pro Ternpmo RAY G DAVENPORT STEPHEN 1 MANN JOHN R (Randv) SNIDER April 23, 1993 CITY OF LODI CITY HALL. 221 WEST PINE STREET P O SOX 3E106 LODI CALIFORNIA 95241-1910 (209)333-5614 r 1k X (.09) 11 t •"15 THOO61AS 4 PETERSON Cay manaller I[%NIFER N PERRIN RECEIVED CavClerk E{OEt NCNATI 93 APR 23 P.i f: 13 0h Alla1, ,;rLNPE'Z N. FERRN CiTY CLENK 'ITY tf U01 Mr. Greg M. Yosnimwto 234 Maple Street, Suite C Manteca, CA 95336 Dear Mr. Yoshimoto: Re: Appeal of Community Development Director's Order Vehicle Abatement Notices Violation 1657, 1978 Chrysler Violation 1658, 1982 Dodge Van 1305 Burgundy Court, Lodi, CA At its meeting of Wednesday, April 21, 1993 the Lodi City Council conducted a public hearing on your appeal on behalf of Kinuye Yoshimoto regarding Vehicle Abatement Notices 1657 and 1658 issued to 1305 Burgundy Court by the Commw nity Development Director to remove the following abandoned vehicles: 1. 1978 Chrysler, CA plate 371UVO 2. 1982 Dodge Van, Oregon plate NXM432 At the conclusion of the public hearing the City Council made the following findings: 1. The 1978 Chrysler was inoperable and unlicensed and ordered that it be removed from 1305 Burgundy Court or hidden from view; and 2. The 1982 Dodge Van was inoperable and ordered that it be removed from 1305 Burgundy Court or hidden from view. Section 10.56.020 M of the Lodi 17unicipal Code provides, in part, as follows: "M. Removal of Vehicles. ...fifteen days after such action of the governing body authorizing removal, following appeal, the vehicle or parts thereof may be disposed of by removal r Mr. Greg M. Yoshimoto April 23, 1993 Page 2. to a scrapyard or automobile dismantler's yard. After a vehicle is removed, it shall not thereafter be reconstructed or made operable." If the above identified automobiles have not been removed from 1305 Burgundy Court or hidden from view by 8:00 a.m., Friday. May 7, 1993, the City's Code Enforcement Officer will order them removed by the City's contract dismantler. Sincerely, (" J ES 8. SCHRO ER putt' City Clerk cc: Code Enforcement Officer City Attorney Address File