HomeMy WebLinkAboutCC RESO 15,865RESOLUTION NO. 15865
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AFFIRMING THE DECISION OF THE BUILDING ADVISORY AND APPEALS
BOARD IN THE NATTER OF THE APPEAL OF PROPERTY LOCATED AT
610-612-F2 EAST 8TH STREET, NATIONAL CITY, CALIFORNIA
DETERMINED TO BE SUBSTANDARD, UNSAFE AND A PUBLIC NUISANCE
WHEREAS, on October 13, 1988, in City Hall, Council
Chambers, 1243 National City Blvd., National City, California, a
public hearing was noticed and conducted by the Building Advisory
and Appeals Board of the City of National City (hereinafter
referred to as the Board); and
WHEREAS, the hearing was to consider the appeal of R. C.
Hogle and L. T. Hogle (hereinafter referred to as the owners) of
the Notice and Order served by the Building Director of the City
of National City declaring the property located at 610-612-F2
East 8th Street, National City, California, 92050, APN:556-492-06
and 556-492-07 (hereinafter referred to as the property), to be
substandard, unsafe and a public nuisance; and
WHEREAS, at said hearing, the Board found and determined
that the property was substandard, unsafe, and a public nuisance;
and specifically found that the structures on the property should
be repaired or removed, which decision was embodied in the Board's
Resolution No. 88-2; and
WHEREAS, the owners, by and through their attorney,
Gerald E. McCarthy, appealed to the City Council that portion of
the Board's decision declaring the property substandard, unsafe and
a public nuisance and requiring corrections or removal for, to wit:
1. Inadequate room sizes.
2. Inadequate room heights.
3. Additions without plans, permits and inspections.
WHEREAS, the City Council placed the matter on the agenda
giving notice to all interested persons and calendared the matter
for a hearing at the regular meeting on January 17, 1989 at
4:00 p.m.; and
WHEREAS, at said hearing on January 17, 1989, the City
Council considered the matter of the appeal of the Board's decision
and deliberated upon said matter in public session; and
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WHEREAS, at said hearing on January 17, 1989, the City
Council accepted and considered documentary evidence offered at the
hearing, including photos of the property, and entrusted same to
the City Clerk; and
WHEREAS, at said hearing on January 17, 1989, the City
ram.
Council considered statements made during the public hearing, of
which a tape recording was made by the City Clerk.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of
the City of National City that the Council makes the following
findings.
1. That the only issue before the City Council was
whether the three (3) items enumerated by the owners in their
appeal to the City Council should be deleted from the Board's order
to repair or remove, to wit:
1. Inadequate room size.
2. Inadequate ceiling height.
3. Room additions without plans, permits or
inspections.
2. That all other criteria and findings made by the
Board are affirmed and made final by the owner's waiver, express
admission and acquiescence, and by operation of law.
3. That the property located at 610-612-F2 East 8th
Street, National City, is substandard and unsafe and constitutes
a public nuisance, due to the existence of the following
conditions; and further, that the aforementioned conditions
constitute violations of the following Codes:
(1) Roof sags (structural). Section 1001(c)6
U.H.C.
(2) Twenty-four (24) inch clear in front of
toilet. Section 1001(b)1 U.H.C.
(3) No foundation vents. Section 1001(a)
U.H.C.
(4) Water heater enclosure requires
combustion air. Section 1001(f) U.H.C.
(5) Electrical wiring improperly installed.
Section 1001(e) U.H.C. and Article 230
N.E.C.
(6) Plastic piping exposed to elements.
Section 1001(f) U.H.C.
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(7) Foundation deteriorated and inadequate.
Section 1001(c) U.H.C.
(8) No electrical outlets for lighting in
living room. Section 1001(b)10 U.H.C.
(9) Exposed electrical wires and electrical
extension cords illegally used for
required electrical supply.
Section 1001(b) U.H.C. and Article 210-52
N.E.C.
(10) Inadequate room size and height.
Section 1001(b)9 U.H.C.
(11) Electrical wiring improperly installed.
Section 1001(e) U.H.C. and Article 230
N.E.C.
(12) Holes in exterior walls (west side).
Section 1001(h) U.H.C.
(13) Rooms show damage from water leaks in
roof. Section 1001(h)2 and 1001(c)6.
(14) Water heater enclosure not accessible for
inspection for "P" and "T" valve.
Section 1001(f) U.H.C.
(15) Defective and deteriorated floor or floor
supports. Section 1001(c)2 U.H.C.
(16) No electrical lights
Section 1001(e) U.H.C.
(17) Water heater exposed
Section 1001(f) U.H.C.
(18) Interior door opens
Section 1001(1) U.H.C.
in bathroom.
to elements.
over steps.
(19) Improper ventilation in interior
bathroom. Section 1001(g) U.H.C.
(20) Insufficient electrical outlets in
bedroom. Section 1001(e) U.H.C.
(21) Cracks in exterior walls and interior
walls. Section 1001(h) U.H.C.
(22) Electrical service wires height violates
Code. Section 1001(e) U.H.C. and
Article 230 N.E.C.
(23) Deteriorated roofs. Section 1001(h)2
U.H.C.
(24) Gas piping hazardous. Section 1001(f)
U.H.C.
(25) Hazardous/unsanitary premises.
Section 1001(k) and Section 1001(i)
U.H.C.
(26) Inadequate water (hot) at bath and
kitchen. Section 1001(b)5 U.H.C.
(27) Wall and ceilings of bathroom
deteriorated. Section 1001(b)13 U.H.C.
(28) Light improperly installed.
Section 1001(e) U.H.C.
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(29) Electrical plug is open and not within
waterproof enclosure. Section 1001(e)
U.H.C.
(30) Areas between existing buildings and
fences are hazardous and unsanitary
premises. Section 1001(k) U.H.C.
(31) Electrical wiring improperly installed
throughout the exterior of most units and
within the general area. Section 1001(e)
U.H.C.
(32) All wood (not pressure -treated and not
redwood) is not six (6) inches clear of
the ground, throughout the units on the
exterior and foundations.
Section 1001(c)1, 2 and 3 U.H.C. and
Section 2516(a)7 U.B.C.
(33) Additions constructed without the benefit
of plans, permits and inspections.
Section 301(a) U.B.C.
(34) Violation of "stop work" orders, where
work on the buildings and premises was
being constructed or installed without
benefit of plans, permits and
inspections. U.B.C., Chapter 3.
(35) Lack of adequate heating apparatus. CA
H&S Code Section 17920.3(a)(6).
(36) Room and space dimensions less than
required. CA H&S Code
Section 17920.3(a)(9).
(37) Lack of required electrical lighting. CA
H&S Code Section 17920.3(a)(10).
(38) Infestation of insects, vermin and
rodents. CA H & S Code
Section 17920.3(a)(12).
(39) General dilapidation and improper
maintenance. CA H&S Code
Section 17920.3(a)(13).
(40) Fire extinguishers overdue for service.
U.F.C. Section 10.302.
(41) Smoke detectors not functioning. CA H&S
Code Section 13113.7.
(42) Accumulation of trash and debris behind
complex. U.F.C. Section 11.201.
(43) Accumulation of combustible material on
and around wall heater. U.F.C.
Section 11.203-c.
(44) Holes in exterior and interior walls.
U.F.C. Section 10.401.
(45) Combustibles close to gas stove. U.F.C.
Section 11.404-d.
(46) Combustibles stored around the gas hot
water heater. U.F.C. Section 11.404-d.
4. That all construction completed by the owners, where
plans, permits, and inspections are required but not obtained, be
completely removed and replaced in accordance with the provisions
of the Uniform Building Code, the Uniform Mechanical Code, the
National Electric Code, and the Uniform Plumbing Code.
5. That the owners be given thirty (30) days of the
date of this Resolution to prepare plans, obtain permits and
commence the work required to comply with all Codes to renovate the
subject buildings.
6. That the decision of the Board of Building Appeals
is affirmed, and the appeal of the owners is denied.
BE IT FURTHER RESOLVED, that should the owners not obtain
permits and commence the work to renovate the subject buildings
within the allotted time, the City shall commence proceedings to
remove the subject buildings and file liens against the property
for the cost of the removal, and the City Attorney is authorized
to commence an action to abate the nuisance on the property, and
to pursue any other remedy provided by law.
BE IT FURTHER RESOLVED that the time period within which
judicial review of this decision must be sought is governed by Code
of Civil Procedure Section 1094.6.
PASSED AND ADOPTED this 7th day of February, 1989.
ATTEST:
c1,1
LORI ANNE PEOPLES, City Clerk
APPROVED AS TO FORM:
-9� A4 e, ,
GEORGE H.0 ATERS, Mayor
GEORGE H. EISER, III, City Attorney
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