HomeMy WebLinkAbout6.1 Abate 7957CrossridgeCITY CLERK
0440-40
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: September 19, 2000
SUBJECT:
PUBLIC HEARING: Order of Abatement Hearing for the property
located at 7957 Crossridge Road
Staff Report Prepared by Regina Adams, Code Enforcement Officer
ATTACHMENTS:
1. The Order of Abatement issued to the owners of the
Subject Property.
2. City of Dublin correspondence to the owners of the subject
property, dated March 2, 2000.
3. City of Dublin correspondence to the owners of the subject
property, dated March 10, 2000.
4. Bond Package.
5. Copy of expired building permit.
6. Section 7.52 of the Dublin Municipal Code.
7. Resolution affirming the Building Official's findings.
RECOMMENDATION:
1. Open public hearing.
2. Receive Staff Report and Building Official' s Findings.
3. Allow the property Owner to state why he and/or she feels that
the property should not be abated, if the Order of abatement is
appealed,
4. Close the public hearing.
5. Deliberate and review evidence concerning the condition of the
property.
6. If the City Council concludes that the condition of the property
constitutes a public nuisance, adopt the attached Resolution
condemning the property and order it abate&
FINANCIAL STATEMENT: If the City proceeds with the abatement process, it will be
necessary to request contractors' bids for .securing the residence, removing the illegal addition, and
restoring the property to a condition that does not pose a nuisance. The City could potentially recover
the cost of abating the property through a lien or other type of judgment once the work has been
completed.
COPIES TO: In-House Distribution
ITEM NO. b~l
DESCRIPTION:
The Issue.
The City Council has been asked to act collectively as the hearing officer to determine whether the
condition of the property constitutes a public nuisance, as defined in the Municipal Code, and if it so
concludes, to condemn the property and order it abated,
Background.
The property owners applied for a building permit and were issued Permit No. 97-997 to build an
addition on the front of the principal residence on October 31, 1997. The proposed addition, once
completed, would have added an office and another bathroom and bedroom to the residence. The
property owners did have plans prepared by a licensed engineer but owner Benjamin Souza was
performing most of the work himself. Since the permit was issued on October 31, 1997, two City of
Dublin Building Division inspections have taken place:
1. Foundation Inspection: conducted on November 22, 1997.
2. Second Floor Inspection: conducted on October 26, 1998.
On October 27, 1998, the property owners requested an extension for Permit No. 97-997. The
extension, granted on November 4, 1998, was valid until November 12, 1999, its expiration date. The
owner obtained another extension in the form of a renewed permit on November 15, 1999, Permit No.
99-1658; however, the Building Official subsequently determined that Permit No. 99-1658 had been
issued in error, in part, because an expired permit cannot be renewed. Permit No. 99-1658 was
therefore revoked in writing on March 2, 2000. In the March 2, 2000 correspondence that revoked
Permit No. 99-1658, the Building Official explained the steps the owners would have to take to obtain
a new permit to complete the addition. The property owners never complied with those conditions.
No permitted work has been performed since the October 26, 1998 inspection, and thus, no progress
has been made toward completing the addition or restoring the residence to its initial condition. The
condition of the structure has deteriorated as it has not been adequately weather-protected and secured.
The addition' s exposure to weathering and subsequent water damage has begun to compromise the
integrity of the principal structure to which it is attached.
The addition has become a health and safety hazard to the immediate occupants as well as a public
nuisance. Various neighborhood complaints were filed in writing to the City on March 22, 1999,
September 19, 1999, and February 1, 2000. The complainants allege that the addition, due to noise
from unsecured tarps and its weathered condition, adversely affects the quality of life for residents of
adjacent and nearby properties and detracts from the neighborhood' s overall character and appearance.
Findings of the Building Official
Two site inspections were performed on March 9, 2000 and June 30, 2000 to assess the safety and
general condition of the addition and residence. George Thomas, Building Official, Regina Adams,
Code Enforcement Officer, and Gregory Sixreeve, Senior Building Inspector, were present at both
inspections and met with the owner, Benjamin Souza, on both occasions at the subject property. The
2
violations documented during the March 9, 2000 inspection and observed during the June 30, 2000
inspection warranted the Building Official to declare the addition "substandard" as defined in Chapter
7.52 of the Dublin Municipal Code and thus a public nuisance. Specifically, the Building Official
noted the following violations (also referenced in Attachment # 1, the Order of Abatement):
1)
Section 1402A. 1, 1998 California Building Code as adopted by Dublin Municipal Code Chapter
7.32. Water damage was observed in interior portions of the house and garage. Water staining
and gypsum drywall deterioration was observed. A weather-sensitive barrier was absent from the
roof and walls of the addition and remodel areas. The deteriorated gypsum board ceilings and walls
reduce the fire resistivity of the structure.
2)
Section 1605.2.1, 1998 California Building Code as adopted by Dublin Municipal Code Chapter
7.32. The lateral force resisting system has deteriorated. The roof diaphragm over the addition and
remodeled area of the existing residence is absent. The wall shear panels have deteriorated due to
weather exposure. The deteriorated lateral force resisting system may lead to increased movement
of the building and failure of structural and non-structural components in an earthquake or strong
wind occurrence.
3)
Section 302.4, Exception 3, 1998 Califomia Building Code as adopted by Dublin Municipal Code
Chapter 7.32. The fire rated separation between the house and attached garage was tompromised.
The fire rated gypsum wallboard was removed from portions of the garage wall adjacent to the new
addition. The fire rated gypsum board prevents a rapid spread of fire from the combustion sources
in the garage to the habitable spaces within the residence.
4)
Section 1605, 1998, California Building Code as adopted by Dublin Municipal Code Chapter 7.32.
Portions of double top plates, roof rafters, roof beams, and the roof diagram, which are critical load
carrying and transfer members, were removed undermining the structural integrity of the addition.
5)
1997 California Electrical Code as adopted by Chapter 7.36 of the Dublin Municipal Code, 1998
California Plumbing Code as adopted by Chapter 7.40 of the Dublin Municipal Code and 1998
Califomia Mechanical Code violations as adopted by Chapter 7.44 of the Dublin Municipal Code.
Unprotected electrical wiring and junction boxes were exposed to the "open" addition area posing
immediate fire hazards and subjecting persons in the area to possible electrocution. Non-insulated
and unprotected mechanical ducts and exhaust vents, along with exposed pvc-plastic condensate
lines and disconnected piping from the pressure relief valve of the water heater, were noted.
Pressure from the hot water heater could cause it to explode if the pressure relief valve is not
operational.
Property Owners' Continued Failure to Correct the Substandard Condition of the Property
Despite having been cited for failure to comply with the Building Official's March 2, 2000 order to
obtain a new building permit to correct the substandard and dangerous condition of the subject
property, the property owners still have not responded to the requirements of the Municipal Code and
the Building Official's order. On June 30, 2000, the Building Official, Code Enforcement Officer, and
Senior Building Inspector observed that the violations noted on March 9, 2000 had not been addressed,
and that the condition of the residence and addition had deteriorated substantially. Evidence of
weathering and moisture damage had become increasingly more visible. Moreover, on August 21,
2000, Code Enforcement staff observed that the original notice of abatement had been removed,
portions of the roof were missing, and a ladder on the second story, unobserved by staff during
previous inspections, was visible from the street, indicating that work was in progress without a valid
building permit. The Senior Building Inspector issued a Stop Work Order on August 22, 2000. The
property owners are continuing their disregard for City processes and habitability standards.
Opportunities for Compliance
Staff has attempted to gain the property owners' compliance in either completing the addition or
restoring the residence to its initial condition (see Attachments #2-#3), but, to date, they have been
unresponsive. As previously stated, no permitted work has taken place to restore the residence to its
initial condition or complete the addition. The property owners have been given ample time to submit
the information necessary for the Building Division to issue a permit. During the period of time the
owners had a valid building permit, from October 31, 1997 through November 2, 1999 (over two
years), they failed to make substantial progress in completing the addition. With counsel from the City
Attorney, staff informed the property owners in writing of the exact steps they needed to take to secure
a valid building permit for completing or abating the proposed addition (see Attachments #1, #2, and
~_!). The Building Division requested that the property owners do the following:
1)
Submit proof of financial ability to either complete the project or restore the residence to its initial
condition; specifically, the information requested in the City of Dublin's bond package (attached to
the Order of Abatement). The City is requiring that Mr. and Mrs. Souza demonstrate that they can
pay a licensed contractor or firm to complete the work in the event that they personally cannot
complete the project or meet the timelines set by the Building Official.
2)
Submit plans from a licensed architect and/or licensed engineer that show how the violations listed
above will be addressed and either how the addition will be completed or how the residence will be
restored to its initial condition. The City requested that a licensed engineer prepare the plans to
ensure that the addition maintains structural integrity.
3)
Submit a construction schedule that is acceptable to the City. The schedule shall include
completion dates for installing the roof, siding and windows, all of which are necessary to secure
the construction project. The schedule must also include a timeline for either completing the
addition or for restoring the residence to its initial condition. Since the owner has taken so long to
complete the project, the City is demanding a schedule that will guarantee that the owner either
completes the addition or restores the residence in a timely manner.
4)
After the property owners complete the City's bond process, submit plans from a licensed architect
and/or licensed engineer, and submit an acceptable construction schedule to the City, they must
secure a building permit to address the violations mentioned above and either complete the project
or restore the residence to its initial condition.
Property owner Benjamin Souza was told verbally and both property owners were informed in writing
(refer to Attachments #2 and #3) to follow the four (4) procedures listed above. They have failed to
meet previous deadlines written in the March 2, 2000 and March 10, 2000 correspondence. To date,
the owners of the subject property have not complied with the City' s requests. The City is left with no
alternative except to initiate abatement proceedings.
Despite the owners' lack of response, the City is still offering the property owners the opportunity to
comply. They have been notified verbally and in writing that they must comply with steps #1 through
#4 listed above and in the Order of Abatement by September 29, 2000. However, if the property
owners remain unresponsive, City staff is seeking an affirmation and approval to proceed with
correcting the substandard and dangerous conditions by restoring the property to its initial condition.
Hearing Process
The hearing should be conducted according to the following procedures:
1. Staff and the property owners (and their authorized representatives) should be sworn and
a court reporter should transcribe the entire hearing.
2.Staff should explain the noted violations and present relevant evidence.
3. The owners of the subject property may then contest the evidence offered by staff and
offer new evidence that supports their contention that the property should not be
condenmed as a public nuisance and abated.
4. Interested parties other than City staff and the property owners (and their authorized
representatives) may publicly comment.
5. After all information has been presented by interested parties, the City Council should
deliberate and vote whether to adopt the attached resolution condemning the property as a
public nuisance and ordering it abated. If the City Council votes to condenm the property,
it may, as its order for abatement, affirm the Building Official's previous order
(Attachment #1). Alternatively, the City Council may require different actions for the
property owners to abate the substandard and dangerous conditions and establish a
different timeline for compliance.
a. Under Municipal Code section 7.52.140, if the owners fail to comply with the City
Council's order, the Building Official is authorized to abate the nuisance by
demolishing the addition and restoring the residence to its initial condition. In that
situation, staff would return to the City Council with another staff report that
addresses issues such as hiring a contractor to perform the abatement work.
b. The City could then recover the cost of the abatement from the owners. That action
would also require staff to return to the City Council to confirm abatement costs. At
that time, staff would inform the City Council of the procedures available to recover
the costs.
If, after hearing all of the evidence and deliberating, the City Council concludes that the
condition of the property does not constitute a public nuisance, it may reverse the
Building Official' s determination and order.
Pursuant to Municipal Code Section 7.52.120, the City Council must follow these
standards in determining what form of abatement, if any, to order:
a. If the residence can be repaired so that it is no longer a public nuisance, the City
Council must order it repaired. Thus the City Council must determine whether the
addition can be completed.
b. If the structure is more than 50% damaged or decayed or deteriorated, or if the
substandard conditions cannot reasonably be repaired so the property is no longer a
public nuisance, the City Council may order it demolished. Those conditions are
not exclusive, so the City Council may order the addition removed for other reasons,
with the limitation discussed in 7(a).
c. An order to repair may be satisfied by demolition. An order to demolish initiates
alternative permission to repair.
d. If the substandard conditions render the building dangerous to the health, safety,
and welfare of the occupants, the City Council shall order it vacated.
Even if the City Council concludes that the property can be repaired and orders the owners to do so, the
owners may satisfy that order by demolishing the addition. Staff therefore recommends that the
Council order abatement by demolition or repair, at the property owner' s option. As discussed above,
failure to comply with that order will authorize the Building Official to demolish the addition.
RECOMMENDATION:
Staff recommends, that the City Council conduct a public hearing, and for the reasons contained
herein, adopt a Resolution condemning the property located at 7957 Crossridge Road as a public
nuisance and ordering the abatement of the nuisance by demolishing or repairing the uncompleted
addition to the residence.
6
CITY OF DUBLIN
P.O. Box 2340, Dublin, California 94568
City Offices, 100 Civic Plaza, Dublin, California 94568
September 11,2000
ORDER OF ABATEMENT
Benjamin and Sasha Souza
7957 Crossridge Road
Dublin, CA 94568
Subject: Notice of Dublin Municipal Code Violations at 7957 Crossridge Road
Dear Mr. and Mrs. Souza:
On June 30, 2000, George Thomas, Building Official, Regina Adams, Code Enforcement Officer, and
Gregory Shreeve, Senior Building Inspector, met with the owner, Benjamin Souza at the subject
property. The purpose of the inspection was to determine the degree of progress, if any, that had been
made toward completing your residential addition and to evaluate the habitability of the residence.
Purpose for Order of Abatement
The illegal addition to your residence poses health and safety hazards to the site and surrounding
community. On November 12, 2000, Building Permit No. 97-997 for the addition expired rendering it
an illegal structure. On March 2, 2000, you were notified in writing that the addition was a considered a
nuisance under the California Building Code (Attachment 1). The March 2, 2000 correspondence also
noted that Building Permit 99-1658 had been revoked, because it attempted to renew Building Permit
No. 97-997, an expired permit. On March 10, 2000, the City notified you in writing the steps you need
to complete in order to secure a valid building permit (Attachment 2). Due to your lack of compliance,
you were issued citations on April 24, 2000, May 3, 2000, and May 5,. 2000. Based on staff's
discussions with you and field observations on June 30, 2000, you have made no progress toward
Administration (925)833-6650 · City Council (925)833-6605 ® Finance (925)833-6640 · Building Inspection (925)833-6620
Code Enforcement (925) 833-6620 · Engineering (925) 833-6630 · Parks & Community Services (925) 833-6645
Economic Development (925)833-6650 · Police (925)833-6670 o Public Works (925)833-6630
Community Development (925) 833-6810 · Fire Preven' '- Attachment #1
ORDER OF ABATEMENT PAGE 2 a2 ,~ 'fl a4
obtaining a building permit to complete your residential addition. Furthermore, the condition of the
residence has continued to deteriorate. To date, you have not .submitted the financial information
necessary to secure a building permit as you were previously instructed in the March I0, 2000
correspondence (Attachment 1). You have disregarded abatement procedures and ignored City
requests, hence the purpose of this Order of Abatement.
Code Violations
During the June 30,
violations:
2000 inspection of the property, the Building Official noted the following
1)
2)
Section 1402A.1, 1998 California Building Code.' Water damage was observed in interior
portions of the house and garage. Water staining and gypsum drywall deterioration was observed. A
weather-sensitive barrier was absent from the roof and walls of the addition and remodel areas. The
deteriorated gypsum board ceilings and walls reduce the fire restiveness of the structure by allowing
fire to rapidly move through the residence.
Section 1605.2.1, 1998 California Building Code. The lateral force resisting system has
deteriorated. The roof diaphragm over the addition and remodeled area of the existing residence is
absent. The wall shear panels have deteriorated due to weather exposure. The deteriorated lateral
force resisting system may lead to increased movement of the building and failure of structural and
non-structural components in an earthquake or strong wind vent.
3)
Section 302.4, Exception 3, 1998 California Building Code. The fire rated separation between the
house and attached garage was compromised. The fire rated gypsum wallboard was removed from
portions of the garage wall adjacent to the new addition. The fire rated gypsum board prevents a
rapid spread of fire. The fire rated gypsum board prevents a rapid spread of fire from the combustion
sources in the garage to the habitable spaces within the residence.
4)
Section 1605, 1998, California Building Code. Portions of double top plates, roof rafters, roof
beams, and the roof diagram, which are critical load carrying and transfer members, were removed
undermining the structural integrity of the addition.
5)
1997 California Electrical
Mechanical Code violations.
Code, 1998 California Plumbing Code and 1998 California
Unprotected electrical wiring and junction boxes were exposed to the
2
"open' addition area posing immediate fire hazards and subjecting persons in the area to possible
electrocution. Non-insulated and unprotected mechanical ducts and exhaust vents, along with
exposed pvc-plastic condensate lines and disconnected piping from the pressure relief valve of the
water heater, were noted. Pressure from the hot water heater could cause it to explode if the pressure
relief valve is not operational.
Declaration of Nuisance
Due to the severity of the referenced code violations. and the continued deterioration of the residence,
you are hereby served with this official notification that your building project is determined to be
substandard and is declared to be "dangerous" under Section 7.28.050 and Section 7.28.060 of the
Dublin Municipal code.
Moreover, per Section 7.52.060 of the Dublin Municipal Code, your addition is hereby declared to be
a "pubic nuisance" and the abatement of the public nuisance by demolition or repair is ordered.
Necessary Action Required
As necessary conditions of abating the nuisance by completing your residential addition or restoring the
subject property to its initial condition, you are hereby ordered to do the following:
1)
Submit proof of financial ability to either complete the project or restore the residence to its initial
condition; specifically, you need to submit the information requested in the City of Dublin's bond
package (enclosed). You will need to complete the City' s bond process before you are able to obtain
a building permit.
2)
You must submit plans, from a licensed architect 'and/or licensed engineer that show how the
violations listed above will be addressed and either how the addition will be completed or how the
residence will be restored to its initial condition.
3)
You must provide a construction schedule that is acceptable to the City. The schedule shall include
completion dates for installing the roof, siding and windows, all of which are necessary to secure the
construction project. The schedule shall also include a timeline for either completing the addition or
for restoring the residence to its initial condition.
ORDER OF ABATEMENT PAGE4 (7`/~
4)
After you have completed the City' s bond process, submitted plans from a licensed architect and/or
licensed engineer, and submitted an acceptable construction schedule to the City, you must secure a
building permit to address the violations mentioned above and either complete the project or restore
the residence to its initial condition.
Compliance Date
Steps #1 through #4 must be completed by September 29, 2000.
Further Action Intended
Be advised that after September 29, 2000, the City may perform a status inspection and, if necessary,
declare the residence uninhabitable. After the residence has been declared uninhabitable, you will be
ordered to remove your personal belongings and vacate the premises immediately.
Additionally, if the Council, after the public hearing described below,. condemns the substandard
property as a nuisance, it will, under Municipal Code Sections 7.52.120 and 7.52.130, order that the
nuisance be abated, including specifying the conditions required to obtain a new building permit, the
manner of construction or demolition, and the time for the completion of such work. The Council may
simply affirm the content of this Order, particularly the conditions and deadlines imposed herein.
Subsequent failure on your part to comply with the Council' s order will, under Municipal Code Section
7.52.140(B), 'empower the City Building Official to abate the nuisance by demolishing the addition to
your residence and restoring the property to its initial condition. Under Municipal Code Sections
7.52.140 through 7.52.210, the City may then recover the costs of abatement by imposing an assessment
against or lien on the property. Failure to satisfy the lien or pay the assessment may result in recovery
procedures, including foreclosure and sale of the property.
Hearing Notification
You are hereby ordered to appear before the Dublin City Council on September 19, 2000 at 7:00 p.m. in
the CounCil Chambers to show cause why the property located at 7957 Crossridge Road should not be
condemned as a nuisance and abated. The Council Chambers are located at 100 Civic Plaza, Dublin,
CA 944568. You are entitled to representation by counsel at that hearing and to present evidence on
your behalf. Under Municipal Code Section 7.52.080, failure to appear at the hearing may be deemed an
admission of the acts or omissions contained herein, and the Council may order abatement based solely
on this Order and the admission of its content.
ORDER OF ABATEMENT PAGE 5
George L~omas 7)/~%
Date
CoJe~Enforcement Officer's Signature
%?
Date
-z ,y
Director of Community Development's Signature
Date
CC:
Headlands MorWac~e Corporation
1160 N. Dutton Avenue, Suite #250
Santa Rosa, CA 95401
California Equi-Credit Corporation
1355 Willow Way, Suite #262
Concord, CA 94520-5728
Mortgage Electronic Registration Systems, Inc.
P.O. Box 2026
Flint, MI 48501
CITY OF DUBLIN
P.O. Box 2340, Dublin, California 94568
City Offices, 1 O0 Civic Plaza, Dubiin, Caiifornia 94568
March 2, 2000
Benjamin and Susha Souza
7957 Crossridge Road
Dublin, California 94568
Subject: ,
Revocation of Permit Number 99-1658
7957 Crossridge Road
Dear Benjamin and Susha Souza:
Upon review of the permit records for your residential addition project, located at 7957
Crossridge Road, I have determined that Permit Number 99-1658 was issued in error.
The permit was issued in error because a permit can not be "'renewed" after it has already
expired. Permit Number 99-1658. attempts to "renew" Permit Number 97-997 that
expired (Section 7.28.400 of the Dublin Municipal Code) at 5:00 p.m. November 12,
1999. Permit Number99-1658 was not applied for or issued until November 15, 1999.
Secondly, both'the Dublin Mtmicipal Code (Section 7.28.400(A)) and the 1998 .California
Edition of the Uniform Building Code (Section 106.4.4) contemplate only a single
extension or renewal of a permit. Permit Number 97-997 was previously extended until
November 12, 1999 based on your previous request for a permit extension on November
4, 1998. Therefore, since Permit Number 99-1658 was issued in error; this letter serves
as official notification that the permit is revoked, per Section 7.28.420 of the Dublin
Municipal Code and Section 106.4.5 of the 1998 California Edition of the Uniform
Building Code, as oftoday's date. The City will refund the $177.00 you paid on
November 15, 1999.
Further, this correspondence serves as official notification that your building project is
determined to be substandard and is declared to be "dangerous" under Section 7.28.050
and Section 7.28.060 of the Dublin Municipal Code. Specific violations include but are
not limited to: Section 7.28.050(M)(3)-weather resistance, Section 7.28.050CN)- unfit for
human habitation, Section 7.28.050(Q)- buildings or portions of buildings which are
abandoned for more than six months, and Section 7.28.060- dangerous electrical,
plumbing or mechanical installations. Therefore, per Section 7.52.060 of the Dublin
Municipal Code your addition is hereby declared to be a "public nuisance" and I am
ordering the abatement of the "public nuisance" by demolition or repair.
Administration (925) 833-6650 - City Council (925) 833-6605 · Finance (925) 833-6640 · Building Inspection (925) 833-6620
Code Enforcement (925) 833-6620 . Engineering i925) 833-6630 · Parks & Commun!ty Services (9~25) 833-8645
Economic Development (925) 833-6650 - Police (925) 833-667041~1"-'
Community Development (925) 833-6610 · Fire Preventio
Attachment #2
Page 2
March 2, 2000
7957 Crossridge Road
As stated in my previous February 11, 2000 correspondence, you must contact this
office within ten (I0) business days of the date of this letter (no later than March 13,
2000) to arrange for a city inspection of the construction project. You must obtain a new
building permit within 30 days that conforms with the requirements contained within the
1998 California Edition of the Uniform Building Code. All new permit fees must be
paid, the structural calculations must comply with the 1998 California Edition of the
Uniform Building Code and any' "weathered" materials, such as the exterior sheathing,
must be tested or replaced. Also, you must provide a construction schedule indicating
benchmarks for timely completion of the construction project or indicate a schedule for
demolition and restoration to original conditions. The acceptability of your construction/
demolition schedule will be a condition of approving your new permit application.
Section 7.28.380 of the Dublin Municipal Code allows the Building Official, when
issuing a permit to abate a public nuisance, to establish a reasonable time which includes
the power to require an acceptable construction/demolition schedule. Finally, you must
also show that adequate funds are secured to complete the demolition or repair work.
Failure to comply with these dates may result in the assessment of additional fines and
penalties. In addition, the City has received several complaints from neighbors stating
their concerns over safety and noise (tarps) related to your residential construction
project. Therefore, please take immediate action to secure the construction site and
minimize any potential safety risks? and reduce the noisiness of the tarps covering the
addition.
tfyou have any questions, please contact our office at (925) 833-6620.
Geo~e Thomas, C.B.O.
Chief Building Official
CC:
Richard Ambrose, City Manager
Eddie Peabody, Community Development Director
Gregory Shreeve, Senior Building Inspector
Richard Nicholes, Building Code Enforcement Officer
Regina Adams, Code Enforcement .Officer
CITY OF Du LIN
P.O. Box 2340, Dublin, California 94568
City Offices, 1 O0 Civic Plaza, Dublin, California 94568
March 10, 2000
Benjamin and Sasha Souza
7957 Crossridge Road
Dublin, California 94568
Subject:
Site Inspection of 7957 Crossridge Road and follow-up to the City of ·
Dublin correspondence, dated March 2, 2000
Dear Benjamin and Sasha Souza:
This correspondence summarizes the City's site observations and discussions on March
9, 2000, concerning your construction project located at 7957 Crossridge Road. The
participants in attendance at the site inspection were Regina Adams, Code Enforcement
Officer, Gregory Shreeve, Senior Building Inspector, George Thomas, Building Official,
and Mr. Benjamin Souza, Home owner. The purpose of the site investigation was to
follow-up on the City of Dublin's correspondence, dated March 2, 2000, that revocated
Building Permit Number 99-1658.
Construction Observations
The following items are a partial list of our construction observations related to your
"addition" project:
1)
2)
3)
4)
5)
The addition structure 'remains partially framed and is effectively open to the
weather and potentially accessible to children and the public.
Much of the exterior sheathing is severely weathered and must be tested or
replaced. Sheathing panels were blackened and moisture was trapped between the
sheathing and the plastic that partially wraps the exterior of the addition.
Upon entrance to the lower floor level of the addition, standing water was
observed on the floor and at the "future" front entrance of the house and addition.
At the second floor level of the addition, standing water was observed on the
wood floor diaphragm and water was leaking in from the tarps and plastic that
partially covered the open roof flaming.
The roof framing was only partially complete and the connectivity between
different roof areas was not clear. The roof framing "as-built" is not consistent
with the Roof Framing Plan on Sheet A-2.
Administration (925)833-6650 · City Council (925)833-6605 · Finance (925)833-6640 · Building Inspection (925)833-6620
Code Enforcement (925) 833-6620 . Engineering (925) 833-6630 · Parks & Community SeNices (925) 833-6645
Economic Development (925) 833-6650 - Police (925) 833-6670 · Public Works (925) 833-6630
Community Development (925) 833-6610 · Fire Preven~I
-- Attachment #3
6)
7)
8)
9)
10)
The "as-built" flaming appears to violate .numerous areas of the current 1998
Edition of the California Building Code. For example, the double top plates were
cut out of portions of bearing walls. In addition, the added 4xl 0 beam; running
parallel to the front wall, was not supported on the ends by colms. The bolting
of the 4xl 0 beam to the. existing framing members were randomly spaced and -
appeared to violate the Spacing requirements between bolts. Further, load paths
between roof framing members and vertical load carrying members were not clear
and appeared to be discontinuous.
Upon entering the garage, the gypsum wallboard that is required as a fire rated
separation between the garage and habitable areas of the house was observed to
be partially removed.
The double 2x10 ledger boards, used to attach the addition to the existing garage
wall, appear to be inadequately attached to the top plates of the wall. Thetoe-
nailing was only partially into the top plates and appears inadequate to tie the
structures together.
The wiring to the ceiling fixture in the garage was exposed in violation of the
electrical code.
Some insulation and other building components within the "original" house
structure showed signs of water intrusion and damage.
Actions Required
As discussed during our site inspection, the following actions and time lines need your
immediate attention:
l)
2)
3)
4)
s)
You need to obtain a building permit to complete the addition project or demolish
and restore the building to the "original" conditions within 30 days of'receipt of
the City's March 2,' 2000 correspondence.
You must submit revised architectural and structural plans that reflect
conformance with the 1998 Edition of the California Building Code prior to
issuance of a new building permit.'
If you plan to proceed with the completion of the addition, your architect and
engineer must also address the partial list of observations stated within this
correspondence.
Pior to issuance of a new building permit, you must show the financial ability to
complete the addition or demolition project. As discussed, you should pick-up a
"bond" package from the City within five business days from receipt of this letter.
You need to provide "benchmarks" indicating timely completion of the
construction project prior to issuance of a new permit. As discussed, it is critical
to install the roof, siding and windows in order to secure the construction project.
Therefore, we would expect your schedule to indicate completion of these items
in 45 days or less from issuance of the neWpermit.
In conclusion, the City will need a minimum of five working days to review all the
documentation requested prior to issuance of a building permit. The timetines outlined in
the March .2, 2000 correspondence will continue to be in force until such time that a new
building permit is reviewed, approved, and issued. Finally, you need to secure your
construction site to eliminate the hazards to the public and building inhabitants.
Please contact George Thomas, Building Official, on any permit related c uestions or
Regina, Adams, Code Enforcement Officer, for any code enforcement questions at 925-
833~9920.
Ge'Uf~e Thomas, C.B.O.
Chief Building Official
CC:
Richard Ambrose, City Manager
Eddie Peabody, Community Development Director
Gregory Shreeve, Senior Building Inspector
Ricard Nicholes, Building Code Enforcement Officer
Regina Adams, Code Enforcement Officer
PERFORNL&NCE BOND
V~I-IEREAS, the City Council of the City of Dublin, State of Californi_a, and
, (hereinafter designated as "Principal") have ente,.;ed into
an a~eemen/under which Principal is to install and complete certain designated public
improvements, identified as project Tract No.... , City of Dublin, State of California, which
a~eement is hereunto annexed and made a par["tiereof; and
~rlIEREAS, said p~incipal is required under the terms of said a~eemem to
furnish a bond for the faithful perfmxnance of said agreement.
NOW, TEEFORE, we, the principal and a
coporation duty authorized to do business in the STate of California, as sm-ety are held and
firmly bound unto the CiD' of Dublin, hereinafter called Cciry"), in the penal sum of
($.__), Iax~ixi money of the United States, for the paymere of
which sum well and nmty to be made, we bind ourselves, our heirs, successors, executors and
adminisraiors, jointly and severally, firmly by these presents.
2Fne condition of this obii_~aljon is such Enm if above borondad pr:mcipal. injs or
hake, execmors, a~~ators, successors or ~si~s, sh~l in all n~gs stud m rand abide by,
well ~d m~y keep ~d pe~om ~e coverings, cobditto5 ~d provisiom ~ ie s~d a~eemem
~d ~y ~t~a~on iereofmade ~ ~sre~ provided. on ~s or ~eb $~ to be kept md
m fie ~me sd ~ fie mser ~ere~ sDec~]ed. ~ i ~I respec~ acsoring to ~sir ~ms intent
~d meaning, ~d s~ ~de~, ~d iave h~ess CiD', ks o~cers, agents sd emnio~,ees
there~ ip~ated, ~en ~s obligation sh~l become n~ and void; otheMse, it sh~l
rem~ ~ ~ force ~d
As a part of fie obligation secured hereby and in addition to fie tics mmomnt
specified therefor, there shall be included cos~.s and reason-able expenses and fees. including
reasonable a~omevs' fees, incm-red by Cinf in successD~iy enforcing such obiigatio;4., all to be
taxed as cos,~s arid included in any jud=m-aent rendered.
?ne surety hereby stipuia~es and a~ees tlnat no change, extension of time,
alteration or addition to the terms of the a~eement or to the work to be peiormed thererender or
the specifications accompanying the sam~ shall in any way affect its obi{_~ations on ti~s bond,
and said sm-eF does hereby waive notice of any such change, extension ~>f time, alteration or
addition to -d_ne terms of the a~eement or to the Woi or io the spezifications.
IN ~rITN~ESS VirlIEREOF, tlnis insmmn. ent is execmed in fore- comnier-pmns.
each one of which shall be deemed an original, by the principal and cured~ above nm-ned, thij
__ d~, of ,199
(Principal) (Surer')
By:
'Fne foregoing bond was in open Council accepted rand approved this
!99
day of
Ill
Attachment #4
LABOR ANI) MATERIALS BOND
V, rHEREAS, the City Council of the City of Dublin, State of California, and
, (hereinafter designated as "Principal") have entered into an
a~eement under which Principal is to install and complete certain desig-nated public improvements,
identified as project Tract No. , City of Dublin, State of Califon'zia, which a~eemem'i hereunto
annexed and made a part hereof; and
x,~,ItEREAS, said principal is required under the terms of said a~eement, before entering
upon the performance of the work, to file a good and sufficient payment bond with the Cil! of DuNin to
secure the claims to Waich reference is made in Title 15 (commencing with Section 3082) of Pan 4 of
Dixdsion 3 of the Civil Code to the State of California.
NOV~r, TEEFORE, we, the principal and z
coloration duty authoSzed to do business in the State of California, as surety are held rand firmly bound
unto the City of Dublin, hereinafter called ("City"), and all contractors, subconwactors, laborers,
mate~alrnen, and other persons employed in the performance of the aforesaid agreement a~n~ referred ze in
fne aforesaid Code of Civil Procedures 'in the penal sum of ($ ),
ia~fut money of the United States, for matches :~drnished or labor thereof of an3; kind. or for amounts due
,under the Unemplo)~nent insm-ance Act with respect to such work or labor, that said sm-eD' x~t] p_~y fine
s~me in an mount not exceeding the mount herein above set forth, and also in case suit is brought upon
finis bond, wll pay , in addition to the face mount thereo~ costs and reasoniDle expenses and fees,
including reasonable arcorney's fees, incurred by the CiD~ in successful!)' enforcing such obiigatior_, ~o be
awarded and'fixed by she court, and io be taxed as cos-s and to be included in the jud__~:nent therein
rendered.
It is hereby ex!~ressty stipuiat~d and a~eed mt this bond shall inure to the benefi~ of any
and all persons, companies and corporatiops entitled to file claims under Title 15 (com~rnencing with
Sesfion 3082) of pa-~ 4 of Di~dSion S of the CNi! Code, so ~ *-o give a fight of as:ion ~-e .-ism or ,Ansi:
zssi=~m-~ in an3' suit brouS_ht upon this bond.
Should .the condition of this bond be fully performed, then this obligation shall become
null and void; other~dse it shall be and remain in full force and eft%st.
rne sm-e-D' hereby stipulates and ag-rees that no chance, extension of time, alteration or
addition to the terms of fie ag-reement or the work to be performed thereunder or the specifications
a~=ompanying the same shall in any way afx~ct its obligation on this bond, and said sureD' does hereby
v.-aive notice of anD, such change, extension of franc, alteration or addition to the terms of fine ageement or
the work or to the sPeci'jcati°ns-
LN ~rIT.N'ESS ViiiRE. OF, this ins, ,--mment is executed in four counter?m-:-z, each one o5
which shall be deemed an ofiginal, by the principal rand surety above named, :l-i.s day
of , t99
e~incipal) (Surety)
By: By:
The foregoing bond was in open Council assspied and approx;ed this
,199__.
day of
aPPLICATION FOR BUILDIC'~ AND/OR ELECTRICAL, PLUMB(~'~, MECHANICAL PERMIT
.~ S A~PLICATION, WHEN VALIDATED, IS YOUR PERMIT EXPIRES: ~1 YEAR
iNSPECTION VALIDATE HERE
~ PC $
ADDRESSf' , CITY ZiP _.. DATE:/~
LEGAL DEECRIPTION {Fill in one of the following):
A, TRACT . BLOCK LOT
C. PARCEL MAP PARCEL
VILDESCRIPTIONOFWORKTOBEBONE
C, DECRIBE ADDITION
Gross Area - , Sq. FL No Stores
VIII. DESCRIBE ALTERA~ON OR REP IR WORK OR ADm~ION
Date Conlractor
I hereby aflirm under ~naffy ol perj~ Ihat I am exempt I~om me Contractors LLcense Law (or Ihe lollowing reason
(S~, 7~1.5, Bu~ness and Pfolessions Code), Any ally or county which requires a permit to construct. altar,
4
su~ [Sec. 3097. Civ C ],
1. Motors
2. Elect, Circuil
3. Fixed Elect. Appliance
4. Elect. Appliances
5, Plumb, Fixture/Trap
6. Piping System
7. Irrigation System
8. Healing/Cooling ReMg. Appliance
(a) Gas Water Heater
(b) Elect. Water Healer
9, Fang Single Duct/Out~et
10. Vent or Chimney
11. Soli~BurnjngFuEIAppJiance
12, Spa/HotTub
13, Correclion of violation
14, Reroofing Single Family Dwelling
No. Fee
Plan Store
Pub. Works
ITEM
UNDERGROUND ELECTRICAL ,,
Z. DERGRouNoP~u,~B,NG,q~L
UNDERFLOOR PLUMBING
UNDERFLOOR HEATING
UNDERFLOOR FRAMING
UNDERFLOOR INSULATION
FIREPLACE
ITEM
8HEAR/ROOF DIAP
ROOF TEAR OFF
ROOF IN PROG.
ROUGH ELEC.
ROUGH PLUMB.
ROUGH HEAT
FRAMING
EXT, LATH
YELLOW - APPLICANT COPY
INSPECTOR DATE
PINK - COUNTY AS
ITEM INSPECTOR DATE
INSULATION
DRYXNALL
FINAL ELEC.
FINAL PLUMB.
FINAL HEAT
Attachment #5
'l
7.52.010
Chapter 7.52
ABATEMENT OF NUISANCES
Sections:
Article I. General Provisions
7.52.010 Purpose.
7.52.020 Definitions.
7.52.030 Enforcement Official
designated.
7.52.040 Hearing Officer
designated.
7.52.050 Right of entry.
Article II. Enforcement Procedures
7.52.060 Determination of
Enforcement Official.
7.52.070 Informal notice.
7.52.080 Order of Enforcement
Official.
7.52.090 Service of notice.
7.52.100 Declaration of
substandard property.
7.52.110 Heating.
7.52.120 Standards for
abatement.
7.52.130 Order of Hearing
Officer.
7.52.140 Work by private party
or agency.
7.52.150 Penalties.
7.52.160 Abatement fund.
Article HI. Abatement in Event of
Owner Default
7.52.170 Report of costs of
abatement.
7.52.180 Report transmitted to
City Council
7~52,190
7.52.200
7.52.210
Protest and objection--
Procedure.
Collection of
assessment.
Alternative collection
procedure.
Article I. General Provisions
7.52.010 Purpose.
It is the purpose of the provisions of this
chapter to develop an equitable and practi-
cable altemative method, to be cumulative
with and in addition to, any other remedy
available at law, whereby substandard prop-
erty which endangers the health, property,
safety, or welfare of the public or its occu-
pants, may be required to be abated. (Ord.
21-89 § 71.0)
7.52.020 Def'mitions.
For the purposes of this chapter, the
words set out in this section shall have the
following meanings:
"Abatement" means and includes, but is
not limited to, demolition, removal, repair,
vacation, maintenance, construction, re-
placement, reconditioning of structures,
buildings, appliances or equipment; and to
the correction or elimination of any substan-
dard condition upon substandard property.
"Clerk," unless otherwise specified,
means the City Clerk of the city of Dublin.
"Demolish" or "demolition" means and
includes the removal of the resulting debris
from such demolition and the protection by
f~ling of excavations exposed by such
demolition and abandonment of sewer or
other waste disposal facilities as may be
required by this chapter or other laws.
405/415
(Dublin 11-99)
Attachment #6
A5
7.52.020
..... P~. coneerned,'.';me~.the'.perso~; if'
any in real or apparent charge and control
of .the substandard property, the record
owner, the holder of any mortgage, trust
deed or other lien or encumbrance of re-
cord, the owner or holder of any lease of
record, the record holder of any other estate
or interest in or to such property. As used
in this subsection all reference to "record"
means matters of record in the office of the
County Recorder of the county of Alameda
which definitely and specifically describes
the premises involved.
"Substandard conditions" mean and in-
elude, but are not limited to, the following:
A. An existing building, structure, elec-
trical, plumbing or mechanical installation
or portion thereof which is dangerous as de-
fined in Sections 7.28.050 through 7.28.080,
which is substandard as defined in Section
7.28.090, or which is illegal as defined in
Section 7.28.100;
B. The existence of any other condition
to an extent that endangers the life, limb,
health, property, safety, or welfare of any
person.
"Substandard property" means and in-
eludes any building, structure or land upon
which substandard conditions exist. (Ord.
21-89 §§ 71.1, 71.2, 71.3, 71.4, 71.5, 71.9)
7.52.030 Enforcement Official
designated.
The Enforcement Official or his designee
shall be the person authorized to administer
the provision of this chapter shall be as
follows:
A. The Building Official for matters
regulated in Chapters 7.32, 7.36, 7.40, 7.44
and 7.48 except as set forth in subsection B
of this section;
B. The Alameda County Health Officer
'fot':ma~rs .~ffi~tg t6":pri~ate ~at~:SUp-
plies, private sewage disposal systems,
infestation of insects, vermin or rodents,
storage and removal of garbage, sanitation
of bedding;
C. The Director of Public Works for
matters regulated in Chapter7.16. (Oral. 21-
89 § 71.6)
7.52.040 Hearing Officer
designated.
The Hearing Officer authorized to con-
duct hearings uncler this chapter or his
designee shall be as follows:
A. The Alameda County Health Officer
in proceedings initiated by the Director of
the Environmental Health Division;
B. The City Council in proceedings
initiated by the Building Official or Director
of Public Works... (Ord. 21-89 § 71.7)
7.52.050 Right of entry.
Whenever necessary to make an inspec-
tion to enforce any of the provisions of this
code or whenever the Enforcement Official
or Hearing Officer has reasonable cause to
believe that a violation of this Ordinance
exists in any building or any premises, or
there exists in any building or upon any
premises any condition which makes the
building or premises dangerous, substan-
dard, unsanitary, or a menace to life, health
or property, he may enter such building or
premises at all reasonable times to inspect
the same or to perform any duty imposed
upon him by law, ordinance, rule, or regula-
tion; provided that, (i) if the building or
premises is occupied, he shall first present
proper credentials and demand entry; and
(ii) if the premises is unoccupied, he shall
first make a reasonable effort to locate the
owner or other persons having charge or
4 17 ahb~ S-gt)
7.52.050
c.ontro!ofthepremises..t0.demand en!~.If
entry is denied, or if the owner or individu-
al in charge of the premises cannot be locat-
ed, the Director shall have recourse to every
remedy provided by law to secure entry,
including but not limited to the provisions
of Code of Civil Procedure Sections
1822.50 et seq. (Ord. 9-91 § 8(a))
Article H. Enforcement Procedures
7.52.060 Determination of
Enforcement Official.
Whenever the Enforcement Official de-
termines by inspection that any existing
building or portion thereof, or any lot or
other premises, is substandard property, as
defined in this chapter, such building or
premises, or both, are hereby declared a
public nuisance, and the Enforcement Offi-
cial may order the abatement of the nui-
sance by demolition, repair or rehabilitation
of the substandard building portion thereof
or at the option of the party concemed by
demolition thereof. The order also may
require that the building be vacated. If the
premises are substandard the Enforcement
Official also may order that the substandard
conditions be removed.(Ord. 21-89 § 72.0)
7.52.070 Informal notice.
When the Enforcement Official has so
found, in addition to any notices hereafter
required by this chapter, he may give to the
9ccupants of the substandard property, and
to any other person whom he deems should
be so notified, information conceming the
provisions of this chapter, any violation
· thereof;. ho~ thepersor! notified rn'ay: com,
ply and any other information as he deems
expedient, He may post such information on
the substandard property. (Ord. 21-89 §
72.1)
7.52.080 Order of Enforcement
Official.
Ao If, in the opinion of the Enforcement
Official, the property is found to be sub-
standard, the Enforcement Official may give
to the party concerned written notice there-
of;
B. The notice shall set forth the street
address and a legal description or the Court-
ty Assessor's designation of the premises,
contain a concise but complete description
of the facts constituting the public nuisance
with reference to applicable Code sections;
and' the proposed method of abatement;
C. The notice may require the owner or
person in charge of the substandard property
to complete the required abatement of the
substandard conditions within thirty (30)
days, or such other time limit as the En-
forcement Official may stipulate; and shall
direct them to appear before the Hearing
Officer at a stated time and place and show
cause why such substandard property should
not be condemned as a nuisance and said
nuisance be abated as herein pwvided;
D. The notice shall advise the owner
or person in charge or control of the
building, structure or premises, and all
interested persons~ that failure to appear
at the hearing may be deemed an admis-
sion by him of the acts or omissions
Cthbt~ s-9~) 418
· charged in thenotice,.and that.the H.ear~
ing Officer may order abatement solely
based upon the notice and the admission
of the content thereof; or
E. EXCEPTION: whenever substan-
dard property or portion thereof con-
stitutes an immediate hazard to health or
property, and in the opinion of the
Enforcement Official the conditions are
such that repairs or demolition or other
work necessary to abate the hazard must
be undertaken sooner than provided by
the procedures set forth in this chapter,
he may make such alterations or repairs,
or cause such other work to be done to
the extent necessary to abate the substan-
dard condition and protect health or
property, after giving such notice to the
parties concerned as the circumstances
will permit or without any notice what-
ever, when, in his opinion, immediate
action is necessary. (Ord. 21-89 § 72.2)
7.52.090 Service of notice.
A. A copy of the notice shall be posted
in a conspicuous place upon the building
or structure or otherwise on the substan-
dard property which is the subject of the
proceeding.
B. Service of the notice upon the party
concerned shall l~e by personal service,
by registered or certified mail. Service by
mall shall be effective on the date of mail-
'ing, postage prepaid and return 'receipt
requested, to each person at his address as
it appears on the last equalized assess-
ment roll, or as known to the Enforce-
ment Official. If no such address so
appears, or is not so know, than the
notice shall be mailed to such person at
the address of the building, structure, or
premises involved in the proceedings.
7.52.080
· The .failure. Of any owner or-other person
to receive mailed notice shall not affect in
any manner the validity of any proceed-
ings taken hereunder. An affidavit of
service shall be filed, together with a copy
of the notice, in the proceedings certify-
ing the time and manner in which such
notice was served.
C. The notice of hearing shall be
posted and served at least five (5) days
prior to the date set for hearing. (Ord.
21-89 § 72.3)
7.52.100 Declaration of substandard
'property.
,.
The Enforcement Official may file'
with the County Recorder a declaration
that substandard property has been
inspected and found to be .such,' as
defined in this chapter, and that all par-
ties concerned have been or will be noti-
fied. After the Enforcement Official fin&
that the' public nuisance has been abated
and that such abatement has been
accomplished at no cost to the city, or
that such costs have been placed upon the
tax rolls as a special assessment pursuant
to Section 25845 of the Government
Code, or when the Enforcement Offi-
cial's jurisdiction has been pre-empted
by government acquisition of the prop-
erty, he shall record in the office of the
County Recorder a document terminat-
ing the above declaration. (Ord. 21;89 §
72-4)
7.52.110 Hearing.
The Hearing Officer shall conduct the
abatement hearing'subject to the follow-
ing:
419
7~52.110
present competent evidence that. the sub-
ject property falls within the deflation of
public nUisanCe; as to the meth~' ~ason-
ably to correct the nuisance;and as to
such 'other matters deemed pertinent by
the" 'He~ng OffiCer~
B. The parties tO the abatement hear-
ing shall be enti~ed to be repreSented by
counsel.
C, The hearing shall be conducted in
an impartial and informal manner in
order to encourage free and open discus-
sion by participants,
D. All testimony shall be submitted
under oath or. affi~ation and shall be
subject t0' cross~enmination.
E. The Hearing Officer Shall not be
bound'by the rules 0fevidence applicable
in judicial proceedibm.
E The proceedings 'at the hearing
shall be reported by a phOnOgraphic
reporter Or otherwise perpetuated by
eleCtronic means; or in lieu' thereof ste-
nographic notes may be taken and the
substance thereof subsequently tran-
scribed.
G. The decision of the Health Officer
acting as the Hearing OffiEer shall be in
~ti~g and shall heftnat. Hoi~ver, the
a~eved party may appeal Such deCi-
sions, by filing a written notice of appeal
with'the Healing Officer-within five (5)
days after service of the order of abate-
ment pursuant to Section 7.52.090. The
appeal shall be heard by the City Council
which may affirm, mend or revers~ the
decision or take other aai0n deemed
appropriate. The :decision of the: City
Council acting as Hearing Officer is final.
420
---H-:.--~Ma~y-judicial-~-c~-on---t-o--mo-dify-or
set aside the final decisions shah be cOm-
menced no laterthan'thirty days after the
completion and exhaustion of the forego-
ing administrative procedures. (Ord.
21-89 § 72.5)
7.52.120 Standards for abatement.
The following standards shall be fol-
lowed in Substance by the Hearing
Officer in determiningwhat, ffany, form,
of abatement shall be:ordered:
A, Any order to demolish may initiate
an alternative permission to repair and
an order to repair may be satisfied by
demolition;
B. If the condition can be reasonably
repaired so that it will no longer exist in
violation of this Chapter, it shall be
ordered repaired;
C. If the condition renders the build-
ing or structure dangerous to the health,
safety or general welfare of its occupants,
it shall be ordered vacated;
D. In any case where a dangerous
building or structure is more than fifty
percent (50%) damaged, or decayed or
deteriorated, it may be demolished;
E. In all cases where a substandard
condition cannot reasonably be repaired
so that it will no longer exist in violation
of this chapter, it may 'be demolished or
removed. (Ord. 21-89 § 72.6)
7.52.130 Order of'H~ng Officer.
A. Within thirty (30) days after the
conclusion of the hearing the Hearing
OffiCer:shall render his decision, either
terminating the proceedings, or if he
finds that the substandard property is a
public nuisance, ordering that it be
abate&
19 dd' ~5
7.52. 130
B, -The order of abatement shall set forth
the street address of the substandard proper-
ty and a legal description of the premises
sufficient for identification. It shall contain
a statement of the particulars of the condi-
tions which render the building, structure or
premises a public nuisance, and a statement
of the work required to abate the nuisance.
Reference may be made to the notice of
bearing for. such statement of particulars
with an appropriate modification thereof.
C. The order shall specify the dates to
commence and complete the work of abate-
ment.
D. The time to commence or complete
the work may be extended for good cause
upon written application.
E. A copy of the order of abatement
shall be posted in a conspicuous place upon
the building or structure or otherwise upon
the substandard property; and shall be
served in the manner prescribed for the
service of notice of hearing. (Ord. 21-89 §
72.7)
7.52.140 Work by private party or
agency.
A. Any per/on having the legal right to
do so may repair or demolish a substandard
building or do any other work required to
remove the substandard conditions at any
time prior to the time when the Enforce-
ment Official does so, but if such person
does such work after the time specified in
the last order of the Hearing Officer, all
costs incurred by the city in preparation for
the doing of such work are chargeable to
the property and shall be collected as here-
inafter provided.
B. If the order of the Hearing Officer is
not .e0mp!ied~i~.:.wi~me pefi0d.:~es!g-
nated, the Enforcement Official may then
demolish the substandard building or por-
tions thereof, or may cause such other work
to be done to the extent necessary to elimi-
nate the hazard upon the substandard prop-
erty and other substandard conditions deter-
mined to exist by Hearing Officer. Absent
consent to enter the subject property for the
purpose of nuisance abatement, the City
Manager shall direct the City Attomey to
obtain the necessary judicial authority for
entry and abatement purposes.
C. When in .the opinion of the Enforce-
ment Official substandard property or por-
tion thereof is an immediate hazard to
health or property, and the abatement of
such hazard requires prompt action, the
Enforcement Official may then abate the
substandard condition or may cause such
other work to be done to the extent neces-
sary to eliminate the hazard as provided in
Section 7.52,080 E and without amendment
to the order of abatement.
D. The Enforcement Official may cause
the material of any building or structure
ordered to be demolished to be sold. The
sale shall include stipulations that the build-
ing or structure be forthwith demolished,
the wreckage, and debris removed and the
lot cleaned. The Enforcement Official may
sell any such building singly or otherwise,
as he may deem appropriate in order to
insure that the consideration obtained from
one or more building shall be adequate to
pay the cost of demolition and cleaning the
site. Any surplus from the sale of any such
building or structure, or group of buildings
or structures, over and above the cost of
421
(Dublin 8-91)
7.52. 140
demolition~and:~i~aning {he..:i{te. Shall'~ be
distributed to persons lawfully entitled
thereto. 'Any work of abatement performed
by the Enforcement Official shall be accom-
plished in accordance with appropriate
procedures applicable to the city. (Ord. 9-91
§ 8(b); Ord: 21-89 § 72.8)
7.52.150 Penalties.
A. A person shall not obstruct, impede,
or interfere with the Enforcement Official
or his representative or with any person
who owns or holds any interest or estate in
a substandard building or substandard prop-
erty which has been ordered by the Hearing
Officer to be abated or which is abated
under Section 7.52.080 E, whenever the
Enforcement Official or such owner is en-
gaged in barricading, repairing, vacating and
repairing, or demolishing any such substan-
dard building or removing any substandard
conditions from substandard property pursu-
ant to this chapter, or in the performance of
any necessary act preliminary to or inciden-
tal to such work, or authorized or directed
pursuant hereto. Any violation thereof is a
misdemeanor.
B. If the owner or person in control of
the substandard property shall fail, neglect,
or refuse to comply with any order of the
Hearing Officer, he shall be guilty of a
misdemeanor.
C~ The occupant or lessee in possession
or other person in control of a substandard
building, who fails to vacate said building
in accordance with any order of abatement
is issued by the Enforcement Official or
Hearing Officer, shall be guilty of a misde-
meanor.
D. Any person who removes any notice
or order posted as required or permitted by
this chapter shall .be guilty .of a misdemean*
or. (Ord. 21-89 § 72.9)
7.52.160 Abatement fund.
A. The City Council may set up a spe-
cial revolving fund to be' designated as the
abatement fund.
B. The City Council ;may at any time
transfer to such special fund, out of any
money in the general fund of the city, such
sums as it may deem necessary in order to
expedite the performance of the work of
abatement, and the sum so transferred shall
be deemed a loan to said special fund and
shall be repaid out of the proceeds of the
assessment. All funds so collected under the
assessment proceedings shall be paid when
collected to the City Clerk who shall place
the same in the abatement fund. (Ord. 21-89
§ 72.10)
Article IH. Abatement in Event of
Owner Default
7.52.170 Report of costs of
abatement.
The appropriate Enforcement Official
under Section 7.52.040 shall keep an item-
ized account of the next expense involved
in the abatement of any building or struc-
ture under Section 7.52.120. Upon comple-
tion of the abatement, the Enforcement
Official shall prepare and file with the clerk,
a report specifying the work done, the cost
of the work, a description of the real prop-
erty upon which the building or structure
was or is located, the names and addresses
of the person entitled to notice pursuant to
Section 7.52.080, and the assessment
against each lot or parcel proposed to be
levied to pay the cost of abatement thereof.
(Ord. 21-89 § 73.0)
C~b~ S-gn 422
7.52.180
7.52,180. Report transmitted to City
Council.
Upon receipt of the report, the Clerk
shall, within ten (10) days, put the report
on the agenda for consideration by the
City Council. The City Council shall
cause notice of the cost of abatement to
be given to those persons entitled under
Section 7.52.080. Such notice shall spec-
ify the day, hour and place where the City
Council will hear any objections or pro-
tests which may be raised by any person
liable to be assessed for the cost of abate-
ment and any other interested person,
and pass upon the report of the Enforce-
ment Official. Notice of heating shall be
published at least ten (10) days prior to
the date of hearing in a newspaper of
general circulation with the county and
which circulates in the area within which
is located the building or structure in
question. (Ord. 21-89 § 73.1)
7.52.190 Protest and objection--
Procedure.
Any person to whom notice of hearing
was sent and any person interested and
affected by the proposed assessment may
file written protests or objections with the
Clerk at any time prior to the date set for
the heating on the report to the City
Council. Each such protest or objection
must contain the address of the protestor
or objector and a description of the prop-
erty in which the signor thereof is inter-
ested and the grounds of such protest and
objections. The Clerk shall endorse upon
every such protest or objection the date it
was received by him and shall present
~to the City Council at the time set for
hearing. (Ord. 21-89 § 73.2)
7,52.200 Collectionof assessment.
The assessment shall be .collected in
the following manner:.
A. A copy of the report and assess-
ment, as confirmed, shall be turned over
to the Alameda County Auditor on or
before the tenth day of August following
such confirmation, and the auditor shall
enter the amounts of the respective
assessments against the respective parcels
of land as they appear on the current
assessment roll.
B. The Alameda County Tax Collec-
tor shall include the amount of the assess-
merit on bills for taxes levied against the
respective lots and parcels of land.
C. Thereafter the amounts of assess-
merits shall be collected at the same time
and in the same manner as county taxes
are collected, and are subject to the same
procedure and sale in case of delinquency
as provided for ordinary county .taxes.
D. All laws applicable to the levy, col-
lection and enforcement of county taxes
are applicable to such special assessment
taxes. (Ord. 21-89 § 73.4)
7.52.210 Alternative collection
procedure.
Notwithstanding the provisions of
Section 7.52.200 and in lieu thereof, in
the event of nonpayment of assessment,
the City Council may, at any time within
60 days after its decision on the report
and assessment, cause to be filed in the
office of the County Recorder a notice of
lien against said properties of the con-
timed assessment upon the following
conditions:
A. From and after the recording of
said notice of lien, all persons shall be
423
7:52121'0'
tents thereof. 'The. statutes of lirnitations
shall not run against the:right Of the
enfOrcement : agency to enforce the pay-
ment of sUch liem
B~ AI1 such assessments remaining
unpaid "'after ~ (30)' days from the
date of recording of said lien shall
become delinquent and bear interest at
the rate of one percent (1%)per'; month
computed upon the' date of delinquency
id iiff~hi'~iiFdiy6'lr~ii~h~m0n'ftiiiibSez
quent to the date of delinquency. The lien
shall cOntinUe until the mount thereof is
paid oruntil it is discharged of record.
C. If the sum' assessed is not :paid
within 30'days after the day of recording
of such notice of lien, 'the' City Council
may: &ect the City Attorney to bring an
action~ in-the name of the county, to
foreClose ': the lien of assessment. (Ord.
21~89 § 73~5)
424
RESOLUTION NO. -00 ~ ~ 4 ~5
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
AFFIRMING DETERMINATIONS OF THE ENFORCEMENT OFFICER REGARDING
7957 CROSSRIDGE ROAD, DUBLIN, CALIFORNIA AND ORDERING THE
ENFORCEMENT OFFICER TO PROCEED WITH ABATEMENT
WHEREAS, on August 15, 2000, George Thomas, Building Official, acting as the Enforcement
Officer, issued a "Notice and Order of Abatement" pursuant to Municipal Code Sections 7.52.060 and
7.52.080; and
WHEREAS, said Order declared that the property located at 7957 Crossridge Road, Dublin,
California, (APN No. 941-2784-051-00) to be a public nuisance because of the deteriorating and
unsecured condition of an uncompleted attached addition to the primary residence; and
WHEREAS, said determination was based upon evidence of gypsum drywall deterioration; lateral
force resisting system deterioration; compromise of fire rated separation between the house and attached
garage; removal of load carrying and transfer members, undermining the structural integrity of the
addition; unprotected electrical wiring and junction boxes were exposed to the "open" addition area; non-
insulated and unprotected mechanical ducts and exhaust vents, :along with exposed pvc-plastic condensate
lines and disconnected piping from the pressure relief valve of the water heater; and
WHEREAS, said conditions constituted violations of Sections 1402A. 1, 1605.2.1,302.4
(Exception 3), and 1605 ofthel998 Califomia Building Code, as adopted by Dublin Municipal Code
Chapter 7.32; Sections 300.4, 336.6.b, 370.25, and 370041 of the 1998 California Electrical Code, as
adopted by Chapter 7.36 of the Dublin Municipal Code; Sections 401.1 and 505.3 of the 1998 California
Plumbing Code, as adopted by Chapter 7.40 of the Dublin Municipal Code; and Sections 309, 604, and
1011 of the 1998 California Mechanical Code, as adopted by Chapter 7.44 of the Dublin Municipal Code;
and
WHEREAS, evidence of those violations was collected during inspections of the property on
March 9 and June 30, 2000; and
WHEREAS, the Notice and Order of Abatement provided that the nuisance may be abated by
completing the addition according to approved plans prepared by a license engineer or architect or by
demolishing the addition and restoring the property to its initial condition; and
WHEREAS, the Notice and Order of Abatement further required the owners of the property,
pursuant to Municipal Code Section 7.52.060, to appear before the City Council, acting as the Hearing
Officer, on September 19, 2000 and show_ cause why the property should not be condemned as a public
nuisance and ordered abated; and
WHEREAS, on September 19, 2000, the City Council of the City of Dublin conducted a properly
noticed hearing on the Building Of~cial's Order pursuant to and in compliance with Dublin Municipal
Code Section 7.52.110; and
Attachment 7
WHEREAS, the owners of the property were afforded all applicable rights provided therein; and
WHEREAS, the City Council carefully considered Staff testimony, written evidence, and
testimony from members of the public regarding each of the violations identified in the Notice and Order
of Abatement.
NOW THEREFORE, based upon all of the evidence presented to the City Cotmcil and included in
the record, the City Council does hereby adopt the following findings:
The property owners have received multiple notices of the nuisance conditions since March
2000 (dated March 2, March 10, and August 15, 2000, including correspondence from the
Building Official noting the steps required of the property owners to obtain building permits to
complete the addition or restore the property to its initial condition, thereby abating the
nuisance conditions of the property.
2. The property owners have made little progress in alleviating or reducing the identified
nuisance conditions.
3. The City has been patient in trying to work with the property owners to eliminate the nuisance
conditions on the property.
4. The property owners have failed to take the actions required by the Building Official in his
Notice and Order of Abatement, which included:
a. Submitting plans prepared by a licensed engineer or architect for the demolition of the
addition or its completion;
b. Submitting proof of the owners' financial ability to complete the addition or to restore the
property to its initial condition;
c. Submitting an acceptable schedule for completion of the construction or demolition; and
d. After completing the three aforementioned steps (a-c), obtaining a new building permit to
complete the addition or demolish it and restore the property to its initial condition.
,
The addition to the primary residence on the property has been left in an undesirable,
substandard and dangerous condition as evidenced by the weather damage to structures
adjoining the primary residence, removal of critical load carrying members, deterioration of
parts of the lateral force resisting system, exposed electrical wiring, non-insulated and
unprotected mechanical ducts and exhaust vents, and exposed pvc-plastic condensate lines and
disconnected piping from the pressure relief valve of the water heater.
Abatement by completion of the addition or by removal of the addition and restoration of the
residence to ks initial condition is an appropriate and legal remedy because of the serious and
long-standing nature of these nuisance conditions.
Attachment 7
NOW THEREFORE, based upon all of the evidence presented to the City Council and included in
the record, the City Council orders as follows:
The Notice and Order of Abatement issued by Building Official George Thomas, acting as the
Enforcement Officer, which found both that substandard and dangerous premises exist on the
subject property in violation of Sections 1402A. 1, 1605.2.1,302.4 (Exception 3), and 1605 of
the 1998 California Building Code, as adopted by Dublin Municipal Code Chapter 7.32;
Sections 300.4, 336.6.b, 370.25, 370.41 of the 1997 California Electrical Code, as adopted by
Chapter 7.36 of the Dublin Municipal Code; Sections 401.1 and 505.3 of the 1998 California
Plumbing Code, as adopted by Chapter 7.40 of the Dublin Municipal Code; and Sections 309,
604, and 1011 of the 1998 California Mechanical Code, as adopted by Chapter 7.44 of the
Dublin Municipal Code, and that the premises constitute a public nuisance is AFFIRMED.
The owners of the property are hereby ordered to abate the nuisance conditions on the property
by either completing the addition or by demolishing the addition and restoring the residence to
its initial condition by September 29, 2000, in conformity with the procedure outlined in the
Enforcement Officer's Notice and Order to Abate dated August 15, 2000.
If the owners of the property fail to comply with this order, the Building Official, acting as the
Enforcement Officer, is hereby authorized and ordered to proceed with and perform the work
of abatement consistent with the Notice and Order to Abate by demolishing the addition and
restoring the property to its initial condition.
PASSED, APPROVED AND ADOPTED this 19th day of September 2000, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
MAYOR
CITY CLERK
Attachment 7