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Home My WebLink AboutAgenda Report - September 15, 1993 (64).»%, os ' CITY OF LODI COUNCIL COMMUNICATION AGENDA TITLE: Communications (August 26, 1993 through September 8, 1993) MEETING DATE: September 15, 1993 PREPARED BY: City Clerk RECOMMENDED ACTION: AGENDA ITEM RECOMMENDATION That the City Council set this matter for public hearing at the October 20, 1993 regular City Council meeting. BACKGROUND INFORMATION: The following communication was received between the dates of August 26, 1993 and September 8, 1993: A letter of appeal has been received from Steven J. Cottrell, Attorney, on behalf of Maurice O. Ray, regarding Notice of Public Nuisance and Order to Abate on the property located at 1201 North Edgewood Drive, Lodi. it is recommended that the City Council set this matter for public hearing at the October 20, 1993 City Council meeting. FUNDING: None required. J fifer M, Perrin City Cleric COUNCOM8/TXTA.02J/COUNCOM A A°: ROVED: THOMAS A. PETERSON ,c,,C ed p,p., City Manager Law Offices of STEVEN J. COTTRELL A Professional Law Corporation 125 NOM PLEASANT AVENUE P.O. BOX 2677 LODI, CALIFORNIA 95241.2677 (209) 369-$212 FAX (209) 369-5068 August 30, 1993 City Council of Lodi c/o Lodi City Clerk 221 West Pine Street Lodi, CA 95240 Re: Appeal of NOTICE OF PUBLIC NUISANCE AND ORDER TO ABATE. A.P.N.: 039-273-33 Property Address: 1201 North Edgewood Drive Lodi, CA Property Owner: Maurice O. Ray Jr. Ladies and Gentlemen: Please be advised that this office h:,a been retained to represent the interests of Maurice O. Ray Jr. In reference to the above entitled matter. This letter Li being served upon you, in response to the NOTICE OF PUBLIC NUISANCE AND ORDER TO ABATE which was served by certified mail dated August 20, 1993, and received by Maurice O. Ray, Jr., on August 21, 1993. The subject matter of said notice was Mr. Ray's residence located at 1201 North Edgewood Drive, Lodi, California. The council should be advised that the property which is subject to the NOTICE OF PUBLIC NUISANCE AND ORDER TO ABATE has been Mr. Ray's personal residence for the past 29 years. The NOTICE OF PUBLIC NUISANCE AND ORDER TO ABATE involves various improvements that have been made to Mr. Ray's personal residence, which include a spa, spa/pool house, storage shed and a second story deck. The spa, spa/pool house and storage shed were constructed well over 10 years ago, and the second story deck was constructed over 5 years ago. Mr. 'ay has lived continuously in his residence, and there has never been a problem, difficulties, or complaints from his adjoining neighbors regarding these improvements to his personal residence. Appeal of the NOTICE OF PUBLIC NUISANCE AND ORDER TO ABATE involving Maurice O. Ray, Jr. August 30, 1993 Page 2 The council should also be advissd, that there are other residents in Mr. Ray's neighborhood, who have outbuildings or improvements that encroach on set -back requirements and/or easements. This letter is intended to comply with the requirements of section 501 of the DANGEROUS BUILDING CODE as amended by Lodi city ordinance number 15.28.070 which provides for the preservation of rights and a stay of the ORDER OF ABATEMENT pending an administration hearing before the Lodi City Council. Mr. Ray is appealing the NOTICE OF PUBLIC NUISANCE AND ORDER TO ABATE as issued by the office of ROGER G. HOUSTON, Chief Building inspector which does declare that Mr Ray's spa, spa/pool houf-.e, storage shed and second story deck are dangerous and subject to abatement. Mr. Ray does realize that this matter must be scheduled for a hearing within the near future. He would request that the undersigned be contacted regarding the date and time to schedule this matter for public hearing. During the intervening time, 24r. Ray plans on reviewing this entire situation, and having our office contact the City Attorney, to hopefully reach an agreeable resolution of this matter. Very truly yours, -',��:.:;• -..,�- ..asp,:;':';'<_� tr. tri rss�s.c:. STEVEN J. tOOTTRELL�c� SJC/ks cc: Maurice O. Ray, Jr. CITY OF LODI 221 WEST PINE STREET LODI, CALIFORNIA 95240 ADVERTISING INSTRUCTIONS SUBJECT: NOTICE OF PUBLIC HEARING - STEVEN J. COTTRELL ON BEHALF OF MAURICE 0. RAY PUBLISH DATES: SATURDAY, SEPTEMBER 18, 1993 TEAR SHEETS WANTED: THREE AFFIDAVIT AND BILL TO: JENNIFER M. PERRIN,CITY /CLERK DATED: SEPTEMBER 15, 1993 ORDERED BY: IPEDNICOLINX DEPUTY CITY CLERK DECLARATION OF MAILING On September 16, 1393 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 September 16, 1993, at Lodi, California. Jennifer M. Perrin City Clerk '-J {` - ' //1 iCV1i1CL Peg ' icolini Deputy City Clerk DEC#01/TXTA.FRM ` of N• 'CE OF PUBLIC HEARING CITY OF LO D I ` Date: October 20, 1993 �� CARNEGIE FORUM F 305 West Pine Street, Lodi Time: 7 * 00 p.m. For information regarding this Public Hearing Please Contact: Jennifer M. Perrin City Clerk Telephone: 333.6702 NOTICE OF PUBLIC HEARING October 20, 1993 NOTICE IS HEREBY GIVEN that on Wednesday, at the hour of 7: 00p.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 from Steven J. Cottrell, Attorney, on behalf of Maurice O. Ray, regarding Notice of Public Nuisance and order to Abate on the property located at 1201 North 8dgewood Drive, 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 Counc:i: J fere Perrin City Clerk Dated: Septudber 15, 1993 AyprQv_ed /as to form: Bobby W. McNatt v City Attorney ILK-�T--B MAILING LIST APPEAL FROM STEVEN J. COTTRELL, ATTORNEY, ON BEHALF OF MAURICE O. RAY, JR. REGARDING NOTICE OF PUBLIC NUISANCE AND ORDER TO ABATE ON THE PROPERTY LOCATED AT 1201 NORTH EDGEWOOD DRIVE, LODI Mr. Maurice O. Ray, Jr. 1201 N. Edgewood Drive Lodi, California 95240 Steven J. Cottrell Attorney at Law P. O. Box 2677 Lodi, California 95241-2677 JIM SCHROEDER Community Development Director City of Lodi