HomeMy WebLinkAboutAgenda Report - January 15, 2003 E-04 PH71 U
k__,1TY OF LODI
AGENDA TITLE: Set a Public Hearing for February 5, 2003, to consider an appeal from Leonel &
Maria Tamen regarding Notice and Order to Repair issued for their property located
at 820 S_ Church Street, Lodi
MEETING DATE_ January l5,2003
PREPARED BY: Community Development Director
RECOMMENDED ACTION: None. The appellant has withdrawn their appeal.
BACKGROUND INFORMATION. Upon receipt of their appeal, Community Development Department
Staff has been meeting with the appellants to clarify the
requirements of the Notice and Order. Through those discussions,
it has been determined that the appellants agree that the
substandard building conditions listed in that Notice and Order and the repairs required to correct those
conditions are necessary and will be followed.
There is an issue still in contention regarding the use of the property as multi -family rather than single-
family. As a land use or zoning issue, it was determined that the initial review of that would be to the
Community Development Director and then subsequently to the Planning Commission for appeal.
With those iSSUeS clarified, the appellants submitted the attached letter withdrawing their appeal and
requesting a refund of their appeal application fee.
FUNDING- No funding required,
Prepared by Community tmprovernent Manager Joseph Wood
KB/jw
CCity Attorney
Leonel & Maria'Tamez
James West
APPROVED'
EV01h,law, Appell doc H. Dixon Flynn -- City Manager
NOTICE OF CANCELLATION
.tan.14,2003
RE: Notice and Order -APPEAL
( Tm? Q _SE CTT09 11011 )
Property looted at
820 Sa Church St
Lodi, Ca. 95240
Owners: Leonel & Maria Tamez
Mr Joseph Mood, we would like to cancel our appeal,that we have filed
with the City Of Lodi , with regards to the above said Notice and Order
and with the agreement that , we are all in the understanding that we
will need more time granted to fix current code problems and that, the
issue of non --conforming of the property and building will be properly
addressed with the Planning dept. of the City Of Lodi. in doing this
we will not be removing any of the kitchen units , separate meters,
and continue to use the housing as we have been for over 30 yrs
As we have, discussed, the decision and ruling of the planning dept..
would address these issues.
Thane
you very much
for you, time and help.
i
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Inc a4`el. Tamez
Y;
Rhonda.
De La
Ct\ z
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Maria Tamez
f / f
A"
UITY OF LODI
AGENDA TITLE -1 Set a Public Hearing for February 5, 2003, to consider an appeal from Leonel &
Maria Tamez regarding Notice and Order to Repair issued for their property located
at 820 S. Church Street, Lodi,
MEETINGDATE- January 15,2003
PREPARED BY: Community Development Director
RECOMMENDED ACTION: That the City Council set a public hearing for February 5, 2003, to consider
an appeal from Leone] & Maria Tamez, regarding a Notice and Order to
Repair issued for the property located at 820 S. Church Street, Lodi,
California.
BACKGROUND INFORMATION: The City of Lodi Community Improvement Division has issued a
Notice and Order to Repair to Leonel & Maria Tamez, the owners of
record for the property located at 820 S. Church Street. Said
Notice and Order requires that the owners take specific action to
correct substandard building conditions within both the main, two-story, single-family dwelling on the
property and the detached garage structure which includes second -story living quarters. Furthermore,
the Notice and Order also requires that they discontinue the use of the single-family dwelling as a duplex
and the use of the living quarters in the garage structure as a separate dwelling unit, all of which
constitute an improper use according to the Zoning Regulations in effect at the property.
Subsequent to the issuance that Notice and Order to Repair, Mr. James West, an accountant for the
Tamez Fami4y filed an appeal on their behalf, Community Development Department Staff accepted that
appeal application but continue to work with the Mr. West and the Tamez' in order to clarify the issues
which they seek relief from through this appeal.
Mr. West's appeal, on behalf of Leonel and Maria Tamez, 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
KBljw
C: City Attorney
Leonel & Maria Tarnez
James West
-- City Manager
Set Appeal Hearinqdoc 01/06/03
COMMUNITY DEVELOPMENT DEPARTMENT
iVPL C - TION FOR APPF-AL
BEFORE. Tim LoDT CITY COUNCIL
uWs ct address of ! � tal:
820 & Church Street, P,leo. 045-07046
Nate and Ac d ss cif , Appellant;
Leonel and Maria Tamen
820 S. Church Street
Lodi, CA 95240
B ri f i at agnt of° iteres in the Subject ddress:
Owner of the property from, 1976 to present. Proposers value, interest in property and upkeep.
Need a permit to work on the property, but the- City of Lodi has refused to issue the work permit.
Biigz statenignt i)f the actionInt sl:or:
1, The, owner was not informed there, was an inspection.
2, Robert Holdsworth is not a building inspector.
3,IN-1c) copies of the Lodi Miuiidpal Code for housing was ever issued to Leonel and Maria
Tamez.
4. No reason given for removal of olectric meter and cap off all wiring.
5. Toilet was ov--r r ullaing carpet, never showed to Leonel or Maria Tamez, who will replace,
the carpet wid padding and clean up the bathroom,
6. Damaged vinyl flooring in the kitchoaa/livincl room area will he replaced.
7. City of Lodi has rtf istd to issue a permit for work.
8, `Me roof will lbe rtptaced.
9, ill dry sot and decay will he. replaced.
Iia, all outside wood will be painted.
1. Why is the shed illegal?
12. The garage, stove, paint and materials for work, but the City of Lodi has blocked their use.
13, The, shed is not larger than 1.20 sq, .ft.; no measurements were given.
I4. Without a work permit, the, exterior wood siding can not be removed. There, is no inspection
of the premises or any knowiedge of the interior.
15. There is nothing wrong with the metal staircase, The inspector owes Mr. and Mrs. Tamen
a copy of the Lodi Housing Code on stairs.
16. Thur, is nothing wrong with the zjrieters.
17. Thi,: is a plan to remove the R-2 status from the home.
18. Mr. Jaynes H. Siemens, Building Inspector 11, reviewed the biAlding in 1992 and passed the
19, Thi City of Lodi has rofused to groat the owners, Mr. and Mr's. Tamez, the permits or Jet
thea do the work.
20. The, property owner will apply for, as soon as the City of Lodi will let therm, then get the
Permit,
Relief :Sora;
A, Let the o -hers .review all of the inspections reports and files.
13, issue a permit for work to be, donee
C: Set aside the report on the following grounds:
There was no inspection of the property with the owner. Give a complete copy of Dodi
Building Codes.
1, Ltaiie_I and Maria Tarnez-, declare under penalty of perjury that the information provided in this
application for appeal is true and correct,
Ltone,l Tat ez Late
S AII'a are of all parties inv€ lve-d
Accepted by
$250-,00 fee, paid lby cN c :
Fee waived
date . time
CONUNn'MM DEVELOP.NMNT DEPAR TMEN'T
APPLICATION YOR APPEAL
BEFORE THE LODI CITY COLT NT CIL
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SIGcA-11-1,3MES OF AI:-?ARTMS SAIMDASAP?IELLANITIS:
DATE� TNE:
F E W A;
CITY COUNCIL H. DIXON FLYNN
CITY OF LODI City tanager
SUSAN HITCHCOCK, Mayor
EMILY HOWARD
Mayor Pro Tempore
JOHN BECKMAN
LARRY D. HANSEN
KEITH LAND
December 12, 2002
Leonel c .Maria Tamez
920 S. Church St.
Lodi, CA 95240
Page 1. of 5
CITY HALL, 221 WEST RINE STREET
P.Q. BOX 3006
LODI, CALWORNIA 95241-1910
(209) 333-6702
FAX (209) 333-6807
cityclrkOlodi.gov
N'OnCE AND ORDER
W.H.C. EC77 N 1101)
ZI. IO � � ..MHVAAA WiNA
SUSAN J. BLACKSTON
City Clerk
RANDALL A. HAYS
City Attorney
An inspection of the above-mentioned property was made by the Community Development
Department and the violations listed in attached Notice and Order have been Bound and must be
cotTected to bring this property into compliance with.. the Uniform Housing Code. Compliance is
not limned to cede violations cited, but to all applicable codes required and necessary to brim; this
property into compliance.
All word is to commence within.15 days and be completed within 60 days from the date of this
Notice and Order. Failure to commence repairs or obtain required permits for repair or demolition
within the 15 days or failure to complete repairs or demolition within the time period specified
above mT iy result in (1) an order b6tig issued that the building be vacated and pasted to prevent
further occupancy until the work is completed, and (2) the Building Official may proceed to cause
the work to be dole, and charge the coasts thereof against the property or its owner.
w htt[srow'ment�C;ase E51e 10a13aBerneIMC'hurcdi St Y,820 S. CI)kii-cii'iNL)tice & Orcierl2t2b2.doc
December 12, 2002
Leonel & Maria Tares
820 S. Church St.
Lodi, CA 95240
Page 2 of 5
Any person haviaag record title or legal interest is this property may appeal from this Notre and
Order to the Citi- Council in accordance with section 1-5.24.040, Dodi Municipal Code. Any appeal
must be .made in -,NTiti.ng and submitted within 10 clays from the date of mailing of this notice. This
may, be dome by Tilling out ars application at the Corrrrraun ty Development Department, 221 Nest
Pine Street, Lodi, California. Failure to file such an appeal in accordance with the provisions of
sections 15.24.040 of the Lodi. Municipal Code shall constitute a waiver of all rights to ars
ad.zttinistrative bearing and adjudication of the Notice and Order or to any portion thereof.
Your maintenance of substan and housing may subject you to loss of deductions for interest,
depreciation, taxes, w -id amortization pursuant to the Revenue: and Taxation Coda of the Slate 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 artiount charged for reinspection(s) is determined by the fee schedule of the
izidividuai departments.
If you lave aiiy questions regaiding this matter, pleas. contact Robert "Olds -worth
at (0) 333-6823.
COMMUNITY DEVELOPMENT DEPARTMENT
ROBE RT1fOLDSWORTH
COMMUNITY IMPROVEMENT OFFICER
COMMUNITY IMPROVEMENT DIVISION
Dec ernKl r 12. 2062
Leonel & Maria Tarnez
20 S. Church St.
Lodi, CA 95240
Page 3 of i
?
Discontinue the: use of the family roorn above the garage as a rental unit. Rental units are
prohibited in areas of the city zoned R -2a This address meets none of the requirements
for an exception Lander this zoning designation, Remove the kitchen facilities from this
unit, including cabinetry and appliances in an approved manney.
(Jodi Municipal Code Section 17.12.030
�,. Ren ac the eleovic meter and gape off all wiring in an approved manner.
Lodi Municipal Code Section t7-12-030
I The toilet has over flowed. causing the carpeting to be sailed by sewage e Replace the
carpeting and pad in an approved manner.
Uniform o sia ode Section 1001.2.1
4. Replace, the damaged vinyl floor covering, in the kitchen living room area in an approved
manner,
Uniform Housing Code Section 1001.2,13
,.I he roof covering is leaking. Repair or replace in an approved manner.
Uniform Housing Code Section 1001..1302
6. There signs of di-yrot and decay around the front entry door of this unit. Make the
necessary repairs in an approved manner.
I-Iniform Housing Code Section 1001.8.4
7. The exterior lacks weather protection. and wood siding is deteriorating. Prepare and paint
the exterior in an approved manner.
Uniform € usin Code Section 1001.8.2
S. Rernove the illegal shed attached to the back of the garage; in aui approved manner.
Uniform Housing sin Code Section 1.001.4
9, The garage is filled Nvith personal belongings and presents a fire hazard. Remove the
excessive amount of materials in ars approved inanner.
ri ifor Housing Code Section 1.401.9
December 12.2002
Leonel & aria 'Fa zez
820 S. Church St.
f,o4 CA 05240
Page 4 of";
MAIN RESIDENCE
9emove the exterior wood siding around the entire exterior, Allow for ars inspection of
the framing to determine the extort of the damage. Replace all damaged or unsafe
materials and workmanship in an approved manner,
f1 i form Housing Code Section 1001.3.4
10.Remove the.: brick wainscot on the exteriors Allaw for° an inspection gfthefrot ing
behind it. Replace any dryrot or damaged framing in an approved manner.
Uniform Housing Cade Section 1001..384
11. The metal stair case to the. 21" floor on the south side was installed illegally without a
permit, Submit a Flan to the Building Inspection and Planning Dept. and obtain a permit
or remove the staircase in an approved manner.
T
kniform Mousing Code Section 301(2)(3)
12. Replace the dazz.taged window nits throughout the dwelling in an approved manner.
Reframe the rough opening to meet minimum code requirements.
T ifor m Housing Code Section 1001.8..2
1 Remove the upstairs 16tchen unit, including cabinetry, appliances in an approved
manner.
Uniform Housing wade Section .1001..14
14, Provide G C'1 protected receptacles for the upstairs bathrooms in an approved manner.
Uniform Housing Code Section 1001.5
1 a The interior stairway does not meet minimum code for tread size, head room and width of
the stairway. This structure is hazardous and must be removed in an approved manner -
Uniform ousin Codc Section 1001,12
16Remove the Hair Salon entry door and frame in the opening in an approved manner
before installing new siding.
Ulniform HousingCode Section 1001.1.2
17� Rem ove the Separate meters for the garage Apt. unit, the Hair Salon., and the 2 d story apt.
in the main dwelling and connect all conductors to the main service in an approved
manjaer.
t3niform Housing Code Section 100.1.,5
€ ecen'iber 12, 2€ 02
Leonel & Maria 'rw-nez
820 S. Church 4t.
Lodi, CA 952-40
Page 5 of 5
p st dress: 820 wCl�JtC. IiT� � a 'A � � i�d(3a_445-Q7pa16
P RMI f R QLIIUME TS:
A floor pian, to scale, of the residence is required. The plan will indicate all areas of the I" and 2'd
floors ofthe main residence showing the Apt- units (be#'are) and the return to a single family
residence with interior accessibility to all rooms (after).
The property comer will apply for and obtain the necessary Building, Electrical and Code
Compliance Repair permit for this pr€aject.