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HomeMy WebLinkAboutItem 6.2 Abatement of Zoning Violation San Ramon Rd (2) 0 AGENDA STATEMENT CITY COUNCIL MEETING DATE: October 8, 1984 SUBJECT: Abatement of Building and Zoning Violations at 7360 San Ramon Road EXHIBITS ATTACHED: 1) Ordinance 09-84 2 ) Section 11 . 6 of Ordinance 02-84 3 ) Letter dated August 24 , 1984 4 ) Minutes, City Council Meeting, April 5, 1982 RECOMMENDATION: Direct City Attorney to commence action to abate the zonin g violations under Ordinance 09-84 , and to abate the building violations, Section 11. 6 of Ordinance 02-84 . FINANCIAL STATEMENT: Costs are not known at this time, however, they are recoverable from the property owner. DESCRIPTION: This property is located on San Ramon Road, on the west side at the end of Amador Valley Boulevard. The address is 7360 San Ramon Road, assessor parcel 941-40-2-3 . The property is zoned C-1 . This property has a long history. The permit for the original building was issued August 9, 1969 . Final inspection was made on November 26, 1969 . On December 19 , 1970, a 20 ' x 30 ' addition was made without a permit. It was also noted that the area was being used for a plant nursery. Steps were initiated to abate these violations . On February 4 , 1971, the Board of Supervisors granted a Conditional Use Permit, C-2160, approving the plant nursery. A concurrent Site Development Review, S-331, was also approved authorizing two additions to the building. However, this site review was never exercised and the approved additions were never built . On May 4 , 1971, the original addition, built without a permit, was removed as the result of court action . Subsequently four different site reviews were approved by the Alameda County Planning Department . These were never fully exercised and none of the permanent buildings were ever constructed. However, two 12 ' x 32 ' temporary buildings and a 20 ' x 60 ' lath house, authorized by S-367 , were given final inspection on May 30, 1972 . On April 14 , 1977 , it was noted that an addition had been constructed on the rear of the building without a permit . This addition was in the exact same location where the previous 20 ' x 30 ' addition was removed as the result of court action. However, the new addition was about twice the size of the first addition . This matter went to court and the owner was fined, but not required to conform to the Building Code . The court suggested removal be required through civil procedures . ----------------------------------------------------------------- ITEM NO. "�° �� COPIES TO: John Nichandros City Attorney L Prior to 1974 , an approximately 20 ' x 90 ' sun shade structure was added on the south side of the building . Later this structure was partly enclosed. On November 10, 1980, it was noted that a 17 ' x 90 ' structure was built within the old sun shade structure without a permit. There are at least three detached structures and two small additions to a temporary building, all built without permit, and a trailer installed without a permit. On January 8, 1981, an order of abatement was issued by Alameda County with a requirement that the illegal buildings be brought up to code or be removed. Compliance was required by July 28, 1981 . The abatement has never been completed. On April 5, 1982 , the City Council, at the request of the Alameda County Building Inspection Department considered this matter . Mr. Nichandros indicated, to the City Council, that he was unable to obtain permits because the County was requiring dedication of property along San Ramon Road for a frontage road. The question of abatement was to be discussed at a later time. Apparently there was an informal committment not to proceed with abatement until the question of the improvement of San Ramon Road was resolved. On July 25, 1983 , the City Council adopted a specific plan for the area. The frontage road proposed by the County has been eliminated. The required right-of-way for San Ramon Road was established and Amador Valley Boulevard is to be extended westerly along the common property line between the Nichandros property and the property to the south. An Assessment District is in the process of being formed to accomplish the above improvements and the preliminary Resolutions have been adopted. In addition to the construction, without permits, there has been a long history of outdoor storage of material, which is a zoning violation. An inspection on March 5, 1984 , revealed the following zoning violations : 1 . Outdoor storage of other than plant materials . 2 . Use of a trailer for office and/or storage . 3 . An excessive amount of signs . There are two additional structures that were constructed without permits since 1981 . Also, the front of the 17 ' x 90 ' addition has been altered since 1981 . There are many building and electrical code violations in the original building and the illegal additions . There has been a continuous disregard for both the Building Code and the Zoning Ordinance by the owner since the completion of the building in 1969 . Enforcement of the Building Code and Zoning Ordinance has not been effective by means of criminal procedures . Ordinance 09-84 provides the City Attorney, when directed by the City Council , shall commence action to abate zoning violations . Section 11 . 6 of Ordinance 02-84 provides for abatement of buildings built without permits. ORDINANCE NO. 09-84 AN ORDINANCE OF THE CITY OF DUBLIN AMENDING ARTICLE 9 OF PART I OF CHAPTER 2 OF TITLE 8 AND RELATING TO ZONING ENFORCEMENT THE CITY COUNCIL OF THE CITY OF DUBLIN DOES ORDAIN AS FOLLOWS: Section 1. AMENDMENTS (a) Section 8-106 .3 of Article 91 Part. I, Chapter 2, Title 8 of the Alameda County Ordinance Code previously adopted by the City of Dublin is amended to read as follows: " Section 8-106 .3 . DUTY OF CITY ATTORNEY. Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to this Chapter or any use of any land, building or premises established, conducted, operated or maintained contrary to this Chapter is unlawful and is hereby declared to be a public nuisance and the City Attorney of the City shall, upon order of the City Council, immediately commence action or proceedings for the abatement and removal and enjoin thereof in the manner provided by law and shall take such other steps and shall apply to the court or courts as may have jurisdiction to grant the relief which will abate and remove the building or structures, and restrain and enjoin any person, firm, or corporation from setting up, erecting, building, or maintaining or using the building or structure or any property contrary to the provisions of this Chapter. " (b) Section 8-106 .4 is added to Article 9, Part I, Chapter 2 , Title 8 of the Alameda County Ordinance Code - previously adopted by the City of Dublin to read as follows: " Section 8-106 .4 . ATTORNEYS FEES AND LEGAL COSTS A LIEN. In the event that the City commences an action in court for the relief set forth in the preceding paragraph (a) , the attorneys' fees and court costs incurred by the City in the prosecution of such an action shall become a lien against the property on which said nuisance is maintained. " (c) Section 8-106 .5 is added to Article 9 , Part I, Chapter 2 , Title 8 of the Alameda County Ordinance Code previously adopted by the City of Dublin to read as follows: " Section 8-106 .5 . NOTICE OF ASSESSMENT HEARING. Upon the filing of the report of the Building Official regarding attorneys' fees and court costs, the City Clerk shall, .by resolution, fix a time, date and place when it . will hear and pass upon the report, together , with any objections or protests which may be raised by any property owner liable to be assessed for attorneys', ,fees and -court costs and any other interested persons. At least ten (10) days before the date set for the hearing, the Building Official shall cause copies of his report and notice of the filing of his report and of the time, place and date when the Council will hear and pass on the report, any protests or objections thereto, to be posted and served in the manner and upon the property owner, tenant or other interested party. " (d) Section 8-106 .6 is added to Article 9 , Part I, Chapter 2, Title 8 of the Alameda County Ordinance Code previously adopted by the City of Dublin to read as follows: " Section 8-106 .6 . ASSESSMENT HEARING. Any person interested in or affected by the proposed assessment may file written protests or objections with the City Clerk at any time prior to the hour set for the hearing on the report of the Building Official. -.- Each such protest or objection must contain a description of the property in which the signer thereof is interested and the grounds of each protest or objection. Upon the day and hour fixed for the hearing, the Council shall hear and pass upon the report of the Building Official, together with any objections or protests which may be raised by any of the property owners liable to be assessed for the attorneys' fees and court I -2- I I C C. costs, and any other interested persons. The Council may make such revisions, correctons, or modifications of the report as it may deem just, and the report as submitted or as revised, corrected or modified, together with the assessment shall be confirmed by resolution. The decision of the Council on the report and the assessment and all protests or objections thereto shall be final and conclusive. " (e) Section 8-106 .7 is added to Article 9, Part I, Chapter 2 , Title 8 of the Alameda County Ordinance Code previously adopted by the City of Dublin 'to read as follows: " Section 8-106 .7 . ASSESSMENT OF ATTORNEYS' FEES AND COSTS AGAINST . PROPERTY: ° LIEN. The attorneys' fees and court costs, as confirmed by the Council, shall constitute a special assessment against the property involved, and as thus made and confirmed shall constitute a lien on said property for the amount of such assessment until paid. . Such lien shall, for all purposes, be upon a parity with the lien of State, . County and City taxes. " (f) Section 8-106 .8 is added to Article 9, Part I, Chapter 2 , Title 8 of the Alameda County Ordinance Code previously adopted by the City of Dublin to read as follows: " Section 8-106 .8 . COLLECTION. On or before August 10 Ofl the year in which a special assessment is confirmed by the Council , the City Clerk shall cause a certified copy -of said special assessment to be filed with the County Assessor and Countyl Tax Collector: The description of the parcel reported shall be that used for._theisame parcel on the County Assessor' s map books .for the current year. The amount of the assessment shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws and ordinances applicable to -3- ` r the levy, collection and enforcement� of City taxes are hereby made applicable to such special assessment. " Section 2 . POSTING OF ORDINANCE The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED AND ADOPTED by the City Councill.of the City of Dublin on this 23rd day of .April, 1984, by the following votes: AYES: Councilmembers Hegarty, Jeffery, Moffatt, .Vonheeder and Mayor Snyder _,....!., NOES: None ABSENT: None ' I i Mayor l/ i ATTEST: City Clerk -4- t (d) Abatement. All dangerous buildings or structures, or dangerous electrical, plumbing, or mechanical installations are hereby declared to be public nuisances and may be abated by repair, rehabilitation, demolition or removal in accordance with the procedures specified in Chapter 7 of this Ordinance or by any other remedy available at law. Section 11.5 Substandard Buildings. All buildings or portions thereof which are determined to be substandard as defined in'Section 1001 of the Housing Code are hereby declared to be public nuisances and may be abated by repair, rehabilitation, demolition, or removal in accordance with the procedure specified in Chapter 7 of this Ordinance or by any other remedy available at law. It shall be unlawful to maintain or use any such substandard building. Except that any condition which would require displacement of sound walls or ceilings to . meet height, length, or width requirements of ceilings, rooms, and dwellings shall not by itself be considered sufficient existence of dangerous conditions making a substandard building, unless the building was constructed, altered or converted in violation of such requirements in effect 'iat the time of construction, alteration, or conversion. i Section 11.6 Illegal Buildings, Structures or Installations. Every building or structure or portion thereof, and every electrical, plumbing or mechanical installation or portion thereof, erected, installed, constructed, enlarged, altered, repaired, moved, converted, or improved without a permit and which was subject to the requirements for permits by the Alameda County Building Code,' the Alameda County Electrical Code, the Alameda County plumbing Code, the Alameda County Heating and Ventilating Code, the Alameda County Mechanical Code as adopted by Alameda County Ordinance Numbers 424, 508, 644, 120 N.S., and 74-66,'respectively,-or any subsequent Alameda County ordinances which amended or readopted said Codes or after the effective date of this Ordinance or any subsequent City of Dublin Ordinances which adopts or readopts said codes is hereby declared to be an illegal building, structure, or installation. All illegal buildings, structures,'or installations shall be made to conform to the provisions of this Ordinance or shall be demolished and removed. - - Whenever necessary to assure compliance with the foregoing provisions the owner of any illegal building,-­ structure, or installation shall uncover any concealed portions of such building,"structure,'electrieal, plumbing or mechanical installation for inspection and shall perform such tests as may be-required by the Building Official. It shall be unlawful to use or maintain any illegal building, structure, or installation or portion thereof ' which was erected, installed, constructed, enlarged, altered, repaired, moved, converted, or improved without a permit. ( a: All illegal buildings, structures or installations or portions thereof may be abated by being made to conform to the provisions of this Ordinance or by demolition and remove sin accordance with the provisions specified in Chapter 7 of this Ordinance or by any other remedy available at I i aw. '•' r Section 11.7 Authority to Order Discontinuance of Utilities. The Building Official may order the discontin- uance of the supply of electrical energy, fuel gas, or water to any building or structure, electrical, plumbing or mechanical installation which is: i 1. Being occupied or used contrary to the provisions of this Ordinance as set forth in Section 11.3. 2. A dangerous building or structure, or electrical, plumbing or mechanical installation as set forth in Section 11.4. 3. A substandard building as set forth in Section 11.5. 4. An illegal building or structure, electrical., plumbing or mechanical Installation as set forth in Section 11.6. Such order shall be in writing and shall state the nature of the condition requiring the discontinuance of utilities and the time when such utilities shall be discontinued. The order shall be directed to the person, firm or corporation supplying electrical energy, fuel gas, or water and a copy of said order shall be sent to the person using said utilities and to the owner of the premises. Section 11.8 Existing Buildings, Structures, or Installations. Except as required by Section 1210 of the Building Code, and Sections 21.5(d) and 42.7 of this Ordinance, buildings or structures, electrical, plumbing or mechanical installations in existence at the time of the adoption of this Chapter may have their existing use or occupancy continued if such use or occupancy was legal at the time of adoption of this Chapter and provided such continued use is not dangerous or substandard and does not menace health, life or property. Electrical, plumbing and mechanical systems installed in apartments, hotels and dwellings and in existence prior to January 1, 1975, shall be deemed to have conformed to applicable law in effect at the time of installation and to have been maintained in good condition if currently in good and safe condition and working properly. i -4- II CITY OF DUBLIN P.O. Box 2340 Dublin, CA 94568 (415) 829-4600 August 24 , 1984 John Nichandros 5313 Camino Alta Mira Castro Valley, CA 94546 RE: 7360 SAN RAMON ROAD, DUBLIN Recently an inspection was made of the Workbench Hardware store at the above address . Numerous violations of the building and zoning ordinance were noted. Specifically two additions and three separate structures at the rear have been built without permits and contain numerous violations of the City of Dublin Building Code. ' The attached Exhibit "A" details some of the more obvious violations . The following violations of the City of Dublin Zoning Ordinance were noted: 1 . Outdoor storage and display of building materials and merchandise. Section 8-48 .9 . 2 . Sign exceeding the area permitted by Section 8-48.8 are displayed. 3 . A trailer is used for an office. This is not permitted by Section 8-48 . 9 You are hereby requested to discontinue the foregoing violations by: i 1 . Discontinuing the outdoor display of building materials and merchandise. Under Section 8-48 . 9 only plant materials may be stored outside. 2 . Removing all signs except the one mounted on the front of the building which says "WORKBENCH TRUE VALUE HARDWARE" . 3 . Removing the office trailer. 4 . Demolishing all of the structures built without permits . Page 2 you are requested to accomplish the above items within 30 days . Failure to comply with this request will result in legal action to compel you to comply . Thank you for your cooperation. VICTOR L. TAU HER BUILDING OFFICIAL cf Attachment � I EXHIBIT -A 7360 SAN RAMON ROAD, DUBLIN Conditions rendering the buildings located at 7360 San Ramon Road, Dublin a substandard property: 1 . Approximately 19 ' x 60 ' addition attached to rear of the building : A. This addition was built without a permit in April of 1977 and is an illegal building as defined by Section 11. 6, City of Dublin Building Regulations. B. The addition has no foundation. Violation of Section 2907, City of Dublin Building Code. C. The addition is used for storage. The rear exit of the sales area is through this storage area. Exiting through storage rooms is prohibited by Section 3303 (e) , City of Dublin Building Code. Thus, the sales area does not have exits as required by Section 3303 (a) . D. The exterior wall on the northerly property line is not 1-hour fire-resistive. Violation of Sections 703 , 504 , and Table 5-A, City of Dublin Building Code. E. The 4 ' x 4 ' beams supporting the roof are not adequate to support the roof loads . Violation of Section 2305, City of Dublin Building Code . F. The 2 ' x 10 ' @ 16" on center floor joists are not adequate to support the live load specified by Table 23-A for light storage . This is a violation of Section 2304 (a) , of the City of Dublin. G. The addition was not designed to resist lateral forces due to wind and earthquake as required by Sections 2311 and 2312 , of the City of Dublin Building Code . H. The addition does not have a fire-retardant roof as required by Section 3202 (b) , City of Dublin Building Code . I . The electrical wiring in the addition is unprotected nonmetallic sheathed cable in violation of Section 336-6, of the City of Dublin Electrical Code. 2 . Approximately 17 ' x 90 ' addition on the south side of the building : A. This addition was built prior to 1975 and was originally a sun-shade structure less than 1, 000 sq. ft. in area. This area was subsequently roofed over without a permit and in November 1980 a new ceiling and -1- 4 wall structure was built within the original construction without a permit. This is an illegal building as defined by Section 11 . 6, City of Dublin Building Regulations . B. The addition has no foundation. Violation of Section 2907 , City of Dublin Building Code . C. The sill under the exterior wall is untreated douglas fir. Violation of Section 2516, City of Dublin Building Code . D. The electrical wiring on the north wall of the addition is exposed nonmetallic sheathed cable in violation of Section 336-6, City of Dublin Electrical Code. E. The exterior plywood wall covering is not nailed as required by Table 25-Q, City of Dublin Building Code. F. The . 2" x 4" at 24" on center roof rafters span about 17 feet and are not adequate to support the roof load in violation of Section 2305, City of Dublin Building Code. G. The 2" x 4" rafters are supported by a double 2x4 plate which spans about 4 feet. The double top plate is supported by 2x4 studs at about 4 ' on center. This entire framing system is not adequate to support the roof load in violation of Section 2305, City of Dublin Building Code . H. The addition was not designed to resist lateral forces due to wind and earthquake as required by Section 2311 and 2312 , City of Dublin Building Code. I . The roof covering is not fire-retardant as required by Section 3202 (b) , City of Dublin Building Code. 3 . Approximately 16 ' x 30 ' storage shed: A. This shed was built without a permit, and is an illegal building as defined by Section 11. 6, City of Dublin Building Building Code . B. The shed has no foundation. Violation of Section 2907, City of Dublin Building Code. C. There is untreated wood in contact with and less than 6" above the earth. Violation of Section 2516, City of Dublin Building Code . D . The roof construction and supports are not adequate to support roof loads . Violation of Section 2305, City of Dublin Building Code . -2- E. The shed is not designed to assist lateral forces due to wind and earthquake as required by Sections 2311 and 2312 , City of Dublin Building Code. F. The roof covering does not conform to the requirements for an ordinary roof covering as set forth in Section 3203 (f) , City of Dublin Building Code . G. The saw and pipe cutting machine is wired with an extension cord in violation of Section 400-8, City of Dublin Building Code. 4 . Approximately 8 ' x 12 ' storage shed: A. There is untreated wood in contact with, and less than 6" above the earth. Violation of Section 2516, City of Dublin Building Code . B. The roof construction and supports are not adequate to support roof loads . Violation of Section 2305, City of Dublin Building Code . C. The shed is not designed to resist lateral forces due to wind and earthquake as required by Sections 2311 and 2312 , City of Dublin Building Code. D . The roof covering does not conform to the requirements for an ordinary roof covering as set forth in Section 3203 ( f ) , City of Dublin Building Code . 5 . Approximately 16 ' x 24 ' uncovered storage rack: A. This structure was built without a permit and is an illegal structure as defined in Section 11 . 6, City of Dublin Building Regulations . B. There is untreated wood in contact with and less than 6" above the earth. Violation of Section 2516, City of Dublin Building Code. C. The rack is not designed to resist lateral forces due to wind as required by Section 2311, City of Dublin Building Code . -3- s Regular Meeting - April 5, 1982 A regular meeting of the City Council , City of Dublin was held on April 5, 1982 in the meeting room, Dublin Library, 7606 Amador Valley Blvd. The meeting was called to order at 7:30 P.M. by Mayor Snyder. ROLL CALL Present: Cm. Burton, Hegarty, (seated just after roll call ) , Jeffery, Moffatt and Mayor Snyder. MINUTES APPROVAL Minutes of the adjourned regular meeting of March 22, 1982, having been delivered to all Councilmembers, on motion of Cm. Burton, Seconded by Cm. Jeffery, and by unanimous vote, were approved as submitted. ORAL COMMUNICATIONS Bob Stein, Peppertree Rd. expressed concern re a mud slide or wash over inter- section of Vomac Rd. and San Ramon Valley Rd. and a slippery condition which then results, also the same condition exists at Shannon and San Ramon Valley Rd. It was determined that the runoff comes from a new development in the area of Vomac Rd. Mayor Snyder indicated that it would be investigated to see who is responsible for this condition. WRITTEN COMMUNICATIONS Sales & Use Tax An Acknowledgement of receipt of the City's agreement for administration of the sales and use tax ordinance, and the collections resulting therefrom by the State Board of Equalization. The Board has further stated that because of the fact that the City's ordinance calls for a 1% tax this, in the opinion of the Board, constitutes a violation of the County ordinance and they will no longer be the administering agency after July 1 . Mr. Gaekle stated that the City Attorney disagrees with this view, and since the situation may lead to litigation a closed session is suggested to discuss the matter after the close of the meeting, and the Council agreed. HEARING - ABATEMENT OF STRUCTURES at 7360 San Ramon Rd. The Building Department, County of Alameda, has notified the Council that some of the structures located at 7360 San Ramon Rd. have been erected not in compliance with the building codes. The City Attorney reported that he had, in the company of Mr. Taugher of the County Building Department, visited the premises. It would appear that Mr. Nichandros , the owner, had taken a position over the last few years, of building without the necessity of permits, and non-conformance to the codes . In 1969 a structure was torn down as a result of Court action, and a fine paid, only to have the building re-built later, larger and also without a permit. Other structures have also been built without permits on the premises. CM-1-55 Since Dublin is now a City the problem is passed on to us. The City can proceed as the County would have if it so wishes, since the ordi- nance violated is now a City ordinance. The last abatement order was to have been carried out by approximately last July. The City Attorney indicates that the City may wish to await the formation of a City Planning Commission and/or Director, and determine at that time what action is to be taken. Or a civil action may be initiated by the City which, if successful , would require Mr. Nichandros to abate the buildings, with the costs possibly ordered paid by Mr. Nichandros. It was also explained that there is the matter of construction of a front- age road which was, at one time, proposed. - This would have been very close to the front of the store, which was not approved by Mr. Nichandros. However, the County also did not install the road; also the Calaveras Fault was found to be located in the parking lot in front; building permits would now require further setbacks. :- It was indicated that Mr." Nichandros had tried to obtain permits, how- ever, the County continued to insist that the right-of-way in front be dedicated to the County resulting in the loss of parking lot area. He is interested in working out the problem so that his business can , continue. A problem also is where the road is to,be installed, if any road is ever installed. Mr. Nichandros asked a postponement until such time as a decision can be made regarding the whole _issue of street, extension of any road. dI F� It was decided to wait the return of Mr. Taugher, County Building Official for a further explanation of the building requirements. Discussion was also held re a possible violation of safety measures in the building which will be discussed also at the later time. CONSENT ITEMS On motion of Cm. Jefferey, seconded by Cm. -Moffatt, and by unanimous ;. vote the following items were approved. . Extension of. contract with George Gaekle to April 30; set the mileage rate for use of private , cars on City business at 21� per mile; approve proclamation for _ - Professional Secretaries International as April 18-24..x.: is PUBLIC HEARING - Abandonment of portion Dublin Blvd. G. Nichandros A resolution of Intention to Vacate a portion of the right of way at Dublin Blvd. and Donlon Way was passed some time ago, setting the time for hearing of said proposal to be April 5. Mr. Ray Burnham, County Road Department explained the reasons for the proposed action which were part of the requirement of the Historical Society for the restoration of the property known as the Green Store and installation of a porch to comply with the restoration. An agreement had been worked out with Mr. Nichandros for removal of the present curbs, gutters and sidewalk, installation of curbs, gutters and sidewalk within the remaining street right-of-way, salvage of the guardrail and appurtenances for pick-up by the County. CM-1-56