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HomeMy WebLinkAboutReso 051-98 DenyAppeal/6253DougRESOLUTION NO. 51 - 98 A RESOLUTION OF THE CITY OF DUBLIN RESOLUTION MAKING FINDINGS AND DENYING AN APPEAL REGARDING VIOLATIONS OF THE BUILDING CODE ON PROPERTY LOCATED AT 6253 DOUGHERTY ROAD WHEREAS, before conducting its annual fire inspection, the Fire Department requested that officials t~om the Planning, Code Enforcement, and Building Department accompany the Fire Department on an inspection of property owned by Mr. Ed Omemik, located at 6253 Dougherty Road and used by Mr. Omernik to conduct a business known as American Building Components; and WHEREAS, the City's Building Departmem responded to this request and sent an inspector to the property whenthe joint inspection of the site was conducted on August 27, 1997; and WHEREAS, during the course of the inspection, the Building Inspector's designee, Mr. Gregory Shreeve, determined that several buildings and structures were in a state of dilapidation and disrepair. Additionally, several structures and interior office areas appeared to have been constructed without the required building permits and inspections, all of which constituted several violations of the Dublin Municipal Code; and WHEREAS, as a result of this inspection, and subsequent research of City and County records, the Building Official determined that these conditions constituted dangerous and illegal buildings as defined by Sections 7.28.050 and 7.28.100 of the Dublin Municipal Code; and WHEREAS, on September 30, 1997, the owner of the property, Mr. Ed Omernik, was sent a formal Notice of Violations by the Building Official. The Notice included specific corrective measures and time lines for compliance; and WHEREAS, on October 15, 1997, the Building Official received an appeal request t~om the owner of the property; and WHEREAS, after the Building Official attempted to work with Mr. Omemik for several months to improve the conditions of this property, Mr. Omemik's appeal was scheduled to be heard before the City Council on April 21, 1998; and WHEREAS, adequate notice of the hearing date was provided to Mr. Omemik in accordance with the Dublin Municipal Code; and WHEREAS, the purpose ofthis appeal was to resolve irreconcilable issues between the Building Official and Mr. Omemik regarding the following four alleged conditions on the property, which were found by the Building Official to violate the Dublin Municipal Code: 1. Trailers, storage sheds and modular buildings have been constructed and placed without required building permits; Three offices, two restrooms and storage room were constructed on an existing mezzanine without required permits; 3. An office, with storage above, constructed without requ/red building permits; 4. Dilapidated trailers, storage sheds and modular buildings, which constitute dangerous conditions on the property; and WHEREAS, the City Council has considered all documentary and oral evidence received at the hearing held on April 21, 1998 and bases its findingS on such evidence. NOW, THEREFORE, BE IT RESOLVED that the City Council makes the following findings and determinations regarding the conditions on the property owned by Mr. Ed Omernik and located at 6253 Dougherty Road. Section 1. Findings. The City Council makes the following findings: Trailers, storage sheds and modular buildings have been constructed and placed along the southern boundary of the Omemik property, bordering Houston Place, and at the center of the property (marked as Areas 2, 3, 4, and 5 on the map as Attachment 1), without any building permits as required under Section 7.28.100 of the Dublin Municipal Code. Railroad cars have been similarly placed at the northwestern corner of the property adjacent to Dougherty Road (similarly identified a~ Area 1 on Attachment 1). There is no record of City or County permits approving the design, location and comtruction of these structures nor did Mr. Omemik present substantial evidence of any existence of such a permit. In addition, the buildings do not meet minimum property line setback requirements and do not have adequate foundations. This presents fire and building collapse hazards to occupants on the site as well as neighboring properties. Three offices two restrooms and a storage room were constructed on an existing mezzanine in the most northerly placed building on the property (marked as Building 1 on Attachment 1), without any permits as required by Section 7.28.100 of the Dublin Municipal Code. There is no record of City or County permits approving the design, location and construction of these rooms on the mezzanine nor did Mr. Omemik present substantial evidence of any existence of a permit. The rooms, as constructed, present hazards related to fire, exiting and structural collapse. An Office space, with storage above, was constructed within a storage area inside the most northerly placed building on the property (marked as Building 1 on Attachment 1), without building permits as required under Section 7.28.100 of the Dublin Municipal Code. There is neither any record of City or County permits approving the design, location and construction of this office space nor did Mr. Omemik produce any evidence of such permits. The office space, as constructed, presents hazards related to fire, exiting and structural collapse. Trailers, storage sheds and modul_a_r buildings located in the northwestern corner, along the southern border, and s'nnilar structures located throughout the Omemgc property (marked as Areas 1, 2, 3, 4, and 5 on Attachment 1), constitute dangerous buildings and are being used in violation of Section 7.28.070 of the Dublin Municipal Code. These trailers, storage sheds and modular buildings are severely dilapidated and in disrepair. In their present condition, they constitute a fire and collapse hazard to their own occupants as well as neighboring properties. Section 2. Determination. The City Council hereby denies the appeal and upholds the Building Official's determination that the above described conditions on the property located at 6253 Dougherty Road are in violation of the Building Code, Electrical Code and the Plumbing Code, as they are set forth into the Dublin Municipal Code. PASSED, APPROVED AND ADOPTED this 5th day of May 1998. AYES: Councilmembers Barnes, Burton, Lockhart and Mayor Houston NOES: None ABSENT: Councilmember Howard ABSTAIN: None K2/G/5-5-98/reso-abc. doc SITE MAP (6253 l}oughcrty Road) I I I ~Area I~ Buihling