HomeMy WebLinkAboutCC RESO 96-66RESOLUTION NO. 96-66
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
DENYING THE APPEAL OF ROY M. DICKEY AND
DOROTHY DICKEY REGARDING THE LEGAL STATUS
OF THE DWELLING UNIT IN THE ATTACHED
ACCESSORY STRUCTURE, AND OF THE DWELLING UNIT
LOCATED ON THE SECOND FLOOR OF THE MAIN BUILDING, AT
525-529 "C" AVENUE, AND ORDERING THAT
ALL VIOLATIONS ON SAID PROPERTY BE ABATED
WHEREAS, the Advisory and Appeals Board of the City of National City
at its meeting of January 17, 1996, conducted a public hearing in accordance with
Chapter 15.04 of the National City Municipal Code to consider the appeal by Roy M.
Dickey and Dorothy Dickey, of the Building & Safety Department's Notice and Order
of October 20, 1995, declaring the dwelling unit located in the detached accessory
structure at 525-529 C Avenue substandard pursuant to Health & Safety Code Section
17920.3(n) which prohibits the occupancy of all buildings or portions thereof for living,
sleeping, cooking, or dining purposes which were not designed or intended to be used for
such occupancies; and
WHEREAS, all parties having interest in said property were notified of the
public hearing by certified mail, return receipt requested; and
WHEREAS, the Advisory and Appeals Board, at such public hearing, heard
and considered oral and documentary evidence regarding the matter and existing code
violations as enumerated in the Notice and Order, thereby declaring the subject dwelling
unit substandard; and
WHEREAS, at the close of said hearing, the Board, failed to approve a
motion to grant or to deny the appeal, and thereby upheld the decision of the Building &
Safety Director regarding the legal status of the dwelling unit in the detached accessory
structure located at 525-529 C Avenue; and
WHEREAS, the Advisory and Appeals board, at its meeting of March 20,
1996, conducted a public hearing in accordance with Chapter 15.04 of the National City
Municipal Code to consider the appeal of Roy M. Dickey and Dorothy Dickey of the
Building & Safety Department's Notice and Order of January 3, 1996, declaring the
dwelling unit located on the second floor of the main structure at 525-529 C Avenue to
be existing in violation of Section 32 of Title 25 of the California Code of Regulations,
Section 503 of the 1994 Uniform Housing Code, Sections 17920.3(1) and (o) of the
Health & Safety Code, and Section 106.2 of the 1994 Uniform Building Code; and
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Resolution No. 96-66
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WHEREAS, all parties having interest in said property were notified of the
public hearing by regular first-class mail and personal service; and
WHEREAS, the Advisory and Appeals Board at said public hearing, heard
and considered oral and documentary evidence regarding the matter and existing code
violations as enumerated in that Notice and Order, thereby declaring the subject dwelling
units substandard; and
WHEREAS, at the close of said hearing, the Advisory and Appeals Board
denied the appeal of Roy M. Dickey and Dorothy Dickey regarding the legal status of the
dwelling unit located on the second floor of the main building located at 525-529 C
Avenue; and
WHEREAS, the Advisory and Appeals Board determined that the dwelling
unit located on the second floor of the main building located at 525-529 C Avenue was
constructed without required permits; and
WHEREAS, on or about March 18, 1996, Roy M. Dickey and Dorothy
Dickey filed with the City a written appeal of the Advisory and Appeals Board's decision
of January 17, 1996, and on or about March 28, 1996, Roy M. Dickey and Dorothy
Dickey filed with the City a written appeal of the Advisory and Appeal Board's decision
of March 20, 1996; and
WHEREAS, the City Council of the City of National City at its meeting of
May 14, 1996, conducted a public hearing in accordance with Chapters 1.36 and 15.04
of the National City Municipal Code to consider the appeal of Roy M. Dickey and
Dorothy Dickey of the Advisory and Appeals Board's decisions of January 17, 1996 and
March 20, 1996; and
WHEREAS all parties having interest in said property were notified of the
public hearing by personal service; and
WHEREAS, the City Council at said public hearing, heard and considered
oral and documentary evidence regarding the matter.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of National City that the City Council does determine and find as follows:
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Resolution No. 96-66
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1. The permit history of the property located at 525-529 C Avenue
indicates the lawful use of the detached accessory structure on the property is a garage.
2. The occupancy of the detached garage as a dwelling unit is a violation
of Health & Safety Code Section 17920.3(n) which defines substandard buildings as those
including "All buildings or portions thereof occupied for living, sleeping, cooking, or
dining purposes which were not designed or intended to be used for such occupancies."
3. The dwelling unit located on the second floor of the main structure
located at 525-529 C Avenue was constructed without required permits.
4. The dwelling unit located on the second floor of the main structure
at 525-529 C Avenue exists in violation of Section 32 of Title 25 of the California Code
of Regulations, Section 503 of the 1994 Uniform Housing Code, Sections 17920.3(1) and
(o) of the Health & Safety Code, and Section 106.2 of the 1994 Uniform Building Code.
5. By reason of the foregoing violations, the premises located at 525-529
C Avenue constitute a public nuisance within the meaning of Chapter 1.36 of the National
City Municipal Code.
BE IT FURTHER RESOLVED that the City Council hereby denies the
appellant's appeal, thereby upholding the determinations of the Building & Safety
Department that the dwelling unit located in the detached accessory structure located at
525-529 C Avenue was constructed without a required building permit, and that the
dwelling unit located on the second floor of the main building located at 525-529 C
Avenue was constructed without required permits.
BE IT FURTHER RESOLVED that pursuant to Section 1.36.060(B)(1) of
the National City Municipal Code, appellants are hereby ordered to abate the public
nuisance existing upon the premises located at 525-529 C Avenue, by reinstitution of
lawful uses of the premises, including rehabilitation and repair of structures, as required
by the Director of Building and Safety, within 120 days of the date of this Resolution.
BE IT FURTHER RESOLVED that pursuant to Section 1.36.060(C)(2) of
the National City Municipal Code, upon failure of the appellants to abate the public
nuisance existing upon the premises located at 525-529 C Avenue within 120 days of the
date of this Resolution, the City Attorney is hereby directed to commence an action to
enjoin said nuisance.
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Resolution No. 96-66
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BE IT FURTHER RESOLVED that this Resolution shall take effect
immediately. The time within which judicial review of this decision may be sought is
governed by the provisions of Code of Civil Procedure Section 1094.6.
PASSED and ADOPTED this 21st day of May, 1996.
George . Waters, Mayor
ATTEST:
9't�a
Lo ' Anne Peoples, Cit
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney