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HomeMy WebLinkAboutOB 3 195 MAIN ST. 04-03-89TO: WZLLIAM A. HUSTON, CITY MANAGER FROM: COMI~NITY DEVELOPMENT DEPARTMENT SUBJECT: 195 MAIN STREET RECOI~E#DAT[ON Receive and file. BACKGROUND i At the Ctty Council meeting on March 20, 1989, Hr. Zahn appeared before the Councll regarding his occupancy at the subject property. The City Counctl requested that he contact the Community Development Department and tn the event no contact was made, the Council requested a status .report from staff. Illegal construction activity was notlced and ctted last summer at 195 Main Street. The tenant, Mr. Zahn representing Frontier Builders was given an informal warning notice for constructing interior partitions without Ctty permlts and not to Uniform Building Code standards for an office which he was subleting. Mr. Zahn was sent a Ftnal Notice and Order on November 10, 1988 requesting that he submit plans and obtain all necessary approvals for conducting his office and eliminate or legalize all tllegal construction acttvity which has a]ready taken place. On December 19, 1988, Mr. 'Zahn submitted preliminary plans to the Community Development Department for plan check. Plan check was completed in early January by the Building Division and to date the plan check comments and marked plans are still in the possession of the Community Development Department. Although Mr. Zahn was notified on numerous occassions, no effort was made by him to pickup the *comments and respond to the items cited in the plan ch'eck process. After what staff believe was a reasonable lapse of time to resolve the issues, the Community Development Department sent a final Notice and Order to Mr. Zahn on March 6, 1989. ordering him to abate all conditions cited in the ~revious Notice and Order dated, November 10, 1988. Mr. Zahn was given another ten days to obtain building permits and 30 days to complete all required work and obtain a Certificate of Occupancy. During the initial 1-0 days no contact was made by Mr. Zahn with the Building Official in an attempt to comply with the Notice and Clty Councll Report 195 Main Street April 3, 1989 Page two Order. A follow-up site inspection was, therefore, conducted on March 20th by the Butldlng Offictal who found the buildtng 'still being occupied-with no physical indication of Mr. Zahn's compliance with previous cited violations. Mr. Zahn appeared at the March 20th City Council meeting stating that he would be in contact with the City and would pursue any necessary efforts to abate all conditions. Contact was ma'de with Mr. Zahn on March 28th and staff made themselves available to meet with Mr. Zahn.. A copy of this agenda item was also delivered to him. If compliance does not take place pursuant to the last issued Ftnal Notice and Order and per Section 402 of the Unform Buildlng Code for the Abatement of Dangerous Buildings, the Butlding Official's next course of action after Apr11 4th would be to flle In the offlce of the County Recorder a certificate describing the property and certifying: (1) that the butldlng is a dangerous butldtng (work performed without inspections) and (2) that the owner has been noti ft ed. A Notice to Vacate the premises would also be posted tf no correction action Is taken place pursuant to the Final Notice and Order. 'The Building Official would post the suite at 195 Main Street, unsafe to occupy. Once posted, no person would be permitted to remain or enter the butldlng until all repairs have been completed and a new certificate of occupancy issued. The City Attorney's office may also proceed with misdemeanor charges towards the tenant for each and every day these violations exist and a formal complaint shoUld be filed .by the City to the State of California, Contractors License Board against Frontier Builders for doing work not to City Code and without benefit of perm1 ts and inspections. Please note that Mr. Zahn does have the right to appeal the Notice and Order to the Clty's Board of Appeals (the Planning Commission) provided a written appeal request is submitted by April 4th. Upon his ftltng of an appeal, an administrative hearing would be held on the matter. However, ftllng of an appeal would not stay any vacation order. Lloyd Dic~x~" Bui 1 din g:/Offi cia 1 ~Christine A. Shlngleton ~/ Director of Community Development LD:CAS:ts Attachments: Prevtous Notlce and Orders Corn reunify DeveloPment Department City of Tustin FILE COPY November 10, 1988 Community Development Department CERTIFIED MAIL P 136 061 706 Ms. June Perftt 366 South Hudson Avenue Los Angeles, CA 90020 Dear Ms. Perfit: NOTICE AND ORDER Subject Property' 195 Main Street Tustln, California 92680 Legal Description: A portion of Tract 3, Block B Assessor's No.: Assessor's Map Book 401, Page 585, Parcel 01 Site inspection was made of the_ property at 195 Main Street' on July 28, 1988 revealing the presence of various violations of the Tustin Municipal Code as 1 i sted: 1. Building construction without permits (U.A.C., Section 301). 2. Occupying building without Certificate of Occupancy (U.A.C., Section 308 Iai). 3. Conducting business without a City business license (Tustin City Code Section 2512). In order to rectify these violations you must: 1. Submit plans and applications for building permit per U.A.C., Section 302 for all construction conducted without benefit of permits within ten (10) working days,, commence and complete all work within thirty (30) days from date permits issued. .® Vacate.building until all construction work is finaled and approved under issued building permits and a Certificate of Occupany is issued per U.A.C., Section 308 (a). e After above items are complied with, submit applications for City business license per Tustin City Code 2512. Any person having any record title or legal interest in the subject property may appeal this Notice and Order, provided the appeal is made in writing and filed with 300 Centennial Way · Tustin, California 92680 · (714) 544-8890 NOTZC£ & ORDI:'R November 10, 1988 195 Platfl Street (Continued) the Building Official within ten (10) days from the date of service of this Notice and Order. Failure to appeal will constitute a waiver of all rights to an administrative hearing and determination of the matter. In addition to the above appeal procedure, please note that any violation of the Municipal Code is a misdemeanor subject to citation each day said violation is all owed to continue. Should you have any questions or require additional information, please do not hesitate to call (714) 544-8890. SI ncerely, David B. Marcum Building Inspector DBM: jk cc: William A. Huston, City Manager James G. Rourke, City Attorney John Zahn Frontier Builders 195 Main Street Tustln, CA 92680 Post on Property City of Tustin March 6, I989 Community Development Department CERTIFIED MAIL P 136 061' 710 Mr. Zahn Frontier But1 ders 195 Main Street Tustln, CA 92680 Dear Mr. Zahn: FINAL NOTICE AND ORDER ii Subject Property: Legal Description: Assessor's Parcel No.: 195 Main Street A portion of Tract 3, Block B 401 - 585 - 01 This Notice and Order is a Final' Notice and Order to abate all conditions which were cited in a previous Notice and Order dated November i0, 1988. Another site inspection 'of the property on February 24, 1989 revealed still the presence of various violations of the Tustin Municipal Code as listed: 1. Building construction without permits (U.A.C., Section 301). · Occupying la building without Certificate of Occupancy (U.A.C., Section 308 [al). · Conducting a business without a City business license (Tustin City Code, Section 2512). YOU ARE ORDERED TO: 1. Obtain approval of the Community Development Department and obtain al building permits required for tenant improvements made on this property within . ten .(10) working days· Commence and complete work and obtain final inspection ~.clearance and a Certificate of Occupancy within thirty (30) days from . .miiin,g o.f this notice. . . '. o 2;:.:,"~":::!:Vacatel :building until all construction work ii finaled and approved' under · '.'?...::,:::!.:??~t. ss'Ued~/,.building permits and a Certificate of Occupancy is issued by the ' !,' :~.' :.!?i:~;i~B li~i]iia~i.h¥ Of fi cl a 1. - ' ".. '~,.. ..:%'i3~j:i.i.~:~:i~[~,~;~',~iboVe.~..ttems are complied with, submit application for Ci. ty.bustnesS.i''' ~.':..:~:..i.'~:~:?~-..~.:t!~j~;:.~:~:[~:~.~'cen,.s r,~.tO'?be compl.eted prior to reoccupancy of the sa~d premises. ,... : . , . ~: .:'.' .~ ,::::'?:~,-;~,:F~:,'~';i~,~.":)Q'c..'J[?, ~:~-~'~,..',. ' ' · · - . .... "· '. . : ..~;...' ~::~,:.... _... ~.,~ ~.~G~.:;L'~,~.~;~j~:'.~' .,,~ ~:~<t,~.:~ ,,: ;. . - . . .... . .'~'.~:~'~,~,.1 .... '~' .*~ ;.-W~gy*y~,:.-.. . ' ' ' . .' · :' ~ . '/.~'F.,..:'.:~ ~tJ::~~~ ~ ~i F)": .. . m · ... . '~ · . · ,;..:.,..,.... '~V,~';~a:~?~'"'' ~'~ ~ ~ ~" . · ' ' '" ' ' '". '"' ' ~L''':~L' "'"'''- ~~~ ~~ntennial Way, Tu~Un, ~lifomia S2880.'. (714)' 544-a8~0 '.~.'.:.:~':~.',.~.::::'~?;:~ '." ~¢. ' [~,?"'~'~.;7 '.. ' .... ' ' :' .... ' ' ' ' ':'~' ;'- '"J' ::.'."" ~ :':"'~V:"~"¢'~'i:'~'~'~ March 6, 1989 195 Main Street Page two' .- PROCEDURE OF CONSEQUENCES FOR NON-COMPLIANCE: .The Community Development Depar~nent will conduct a reinspection of chis property thirty (30) days after tile mailing of this notice. If you have failed to correct these violations by the dam) of tile reinspec[lon, tile following events will occur: The matter wll) be turned over to tile City Attor'rley's office for crimi,~l prosecution. Each day of violation may constitute a separate misdemeanor, the penalty for which is $500.00 and six (6) months maximum time in jail for each vi ol a ti on. · The Building Official will file with the County Recorder a Certificate of Substandard Building, certifying the property is substandard and in non-compl lance. 3. The City can file a Notice of Non-Compliance with the State Franchise Tax · Board. Such notice may result in the denial of state income tax deductions claimed for interest, taxes, depreciation oh amortization paid or income received ia-the taxable-year with respect to substandard property conditions. Civil Abatement: In addition to the aforementioned consequences, the Building Official may commence civil abatement 'proceedings against you. This letter constitutes your Notice and Order to obtain building permits, final inspection clearance of all work requiring building permits and a Certificate of. Occupancy for. the building at 195 Main Street. All necessary permits shall be obtained within ten (10) days and all work completed and occupancy released no later, than thirty (30) days from the date of the mailing of this notice. If you fail to appeal or complete the required work, vacate or secure the property within thirty (30) days after the mailing of this letter, the Building Official will order the building vacated and posted to prevent further occupancy until the wot k i s completed. Any person having any record title or legal interest in the property may appeal this. Notice'and Order to the Building Official by filing a written appeal within thirty (30)-days of the mailing of this Notice and Order. Failure to appeal shall constltut~,a ,waiver of any and all rights to an administrative hearing and determi?ation of this matter. ~ich 6, 1989 195 ~tn S~'eet Page three . Please note that filing of an appeal does not s'~lJle the vacation order noted above. He sincerely solicit your cooperation in correcting these violations. If we can prOvide further Information or assistance, please call the Community Development .. DeparT~nent at (714) 544-8890, extension 250. St ncerely, Christine Shlngleton Director of Community Development Butldlng Offtcial CAS :LD :JWL :jk cc: Willtam A. Huston, City Manager City Attorney Mr. Martin J. Perfit