HomeMy WebLinkAboutReso 171-00 Abate7957Crossridge RESOLUTION NO. 171 - 00
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 ofthe1998 California Building Code, as adopted by Dublin Municipal Code
Chapter 7.32; Sections 300.4, 336.6.b, 370.25, and 370.41 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 Califomia
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 Official's Order pursuant to and in compliance with Dublin Municipal
Code Section 7.52.110; and
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 Council 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.
w
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 its initial condition is an appropriate and legal remedy because of the serious and
long-standing nature of these nuisance conditions.
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 fad 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.
The Building Official is authorized to give notice to the occupants of the property to vacate
the property on September 30, 2000; provided, however:
a. If the property owners and all occupants consent in writing to allow the City to
enter on to the property for the purpose of inspecting the property to determine
what actions are necessary to abate the public nuisance by restoring the property to
its original condition; and
b. If the property owners and all occupants sign a document in a form acceptable to the
City Attorney waiving any and all claims for damages to persons and/or property as
a result of occupation of the property on and af[er September 30, 2000, then the
property owners may occupy the residence located on the property until the City has
evaluated the work required to be performed to remove the addition and restore the
residence to a habitable condition. The Building Official shall give the property
owners at least twenty (20) days notice to vacate.
The property owners may return to the residence once the residence is secured and
determined to be habitable by the Building Official, even if further work remains to be done
by the City to abate the nuisance.
PASSED, APPROVED AND ADOPTED this 19~ day of September 2000, by the following vote:
AYES:
Councilmembers Howard, McCormick, Zika, Vice Mayor Lockhart and Mayor
Houston
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: ~~Ty~CL~RK~A
K2/G/9-19-00/roso-cond~nn-crossridgo. doo (Itm 6.1 )