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Home My WebLink AboutItem 6.3 6253DoughertyCodeViolation (2) .... , ... CITY CLERK File # D~[iJ[Q]-[!J~ . AGENDA STATEMENT CITY COUNCIL MEETING DATE: (May 5,1998) SUBJECT: CONTINUED PUBLIC HEARING: REQUEST BY AMERICAN BUILDING COMPONENTS TO APPEAL THE APPLICATION AND INTERPRETATION OF THE BUILDING CODE FOR VIOLATIONS LOCATED AT 6253 DOUGHERTY ROAD APN 941-550-5-1 Report Prepared by: Eddie Peabody, Jr., Community Development Director ATTACHMENTS: Exhibit A Resolution upholding the Building Officials fmdings that various storage sheds, building remodels and dilapidated structures/trailers are illegal and dangerous buildings and should be abated (American Building Components - 6253 Dougherty Road; APN 941-550-5-1) Attachment 1 Site Map (6253 Dougherty Road) . RECOMMENDATI~/ 1. 2. 3. 4. Reopen Public Hearing Receive Staff Report Close Public Hearing Approve Resolution as attached upholding the Building Officials fmdings. FINANCIAL STATEMENT: No direct financial impact to City of Dublin DESCRIPTION: Background: On April 21, 1998, the City Council, after conducting a Public Hearing on the appeal of the property owner, Mr. Omemik regarding four building code violations as determined by the Building Official, took a "straw vote" upholding the Building Official's determination. The matter was continued to this date so the City Attorney could draft a Resolution with appropriate findings for formal adoption. Staff recommends that the Council reopen the public hearing, receive the staff report, close the public hearing and adopt the attached resolution making findings and denying the appeal. . --------------------------~------------------~-----------~~-~--~--- COPIES TO: ITEM NO. 6.7 g:agen da \1998\ccsr5-5 . . . , RESOLUTION NO. 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 from 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. Omemik to conduct a business known as American Building Components; and WHEREAS, the City's Building Department responded to this request and sent an inspector to the property when the 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 from 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 ExIiiIA . WHEREAS, the purpose of this appeal was to resolve irreconcilable issues between the Building Official and Mr. Omernik 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; 2. Three offices, two restrooms and storage room were constructed on an existing mezzanine without required permits; 3. An office, with storage above, constructed without required 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 docmnentary 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 Omemik and located at 6253 Dougherty Road. Section 1. Findinl!s. The City Council makes the following findings: . 1. Trailers, storage sheds and modular buildings have been constructed and placed along the southern boundary of the Omernik property, bordering Houston Place, and at the center of the property (marked as Areas 2,3,4, and 5 on the map as Attaclunent 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 comer of the property adjacent to Dougherty Road (similarly identified as Area 1 on Attachment 1 ). There is no record of City or County permits approving the design, location and construction of these structures nor did Mr. Omernik present substantial evidence of any existence of such a permit. In addition, the buildings do not meet minimmn 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. 2. 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. . -~- . . . , AYES: NOES: ABSENT: ATTEST: 3. 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 ll, 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. Omernik produce any evidence of such permits. The office space, as constructed, presents hazards related to fire, exiting and structural collapse. 4. Trailers, storage sheds and modular buildings located in the northwestern corner, along the southern border, and similar structures located throughout the Omemik 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. Mayor City Clerk -:3- "=J) .... ~ .~ -- -' d ::: ~ = ~ = G. ;0..... ..- .. - :) - -sb .-..] E-~ I I C';.! rJ)=- - I I I "" . (} ~ ~ ~ . t) 08 . c=J PROll4I~l[jAfT ACHMENT 1