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Home My WebLink About2011-10-11 CC Item No. 07REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: OCTOBER 11, 2011 SUBJECT: APPEAL OF STRUCTURE ABATEMENT ACTION ON 522 NORTH RILEY STREET. Background The commercial property at 522 North Riley Street sustained a small fire on June 8, 2011. This incident prompted the Riverside County Fire Department to contact the City's Building & Safety Division and request an inspection to verify the safety conditions at the property. When Senior Building Inspector Bill Belvin arrived at the property he could see that the fire was of a minor nature and that the electrical service had already been disconnected by Southern California Edison. Though the building appeared to be occupied Inspector Belvin felt there were no immediate safety hazards since the electricity had been previously turned off by Southern California Edison due to the fire. While at the property Inspector Belvin observed what he felt were substandard structural conditions and reported these findings back to the Building & Safety Manager. Senior Inspector Belvin was directed to make contact with the owner and perform a follow up inspection to determine the status of the building(s). On July 13, 2011, Senior Building Inspector Belvin met with the owner, Ms. Elisa Reyes, at the property. After a cursory inspection of the property, Senior Building Inspector Belvin determined that there were enough questionable structural conditions to deem the building substandard and recommended it be placed into structure abatement. The Building & Safety Manager agreed with Senior Inspector Belvin's determination and directed staff to start the abatement process. AGENDA ITEM NO. 7 Page 1 of 14 Appeal of Structure Abatement Action October 11, 2011 Page 2 Discussion The property at 522 North Riley is believed to have been constructed in the 1930's with several subsequent additions completed sometime later. The City's earliest permit records do not reflect these additions so they were either completed before 1964 (the City's earliest recorded documents on this property) or they were done without approvals and permits from the City. After receiving the Statement of Intent to abate the property, Ms. Reyes came into City Hall to meet with staff and discuss alternatives. Mr. Reyes admitted that she had been operating a business at the site since 2003 even though the business license for this location expired that same year. Planning staff provided the zoning information and determined that there were two lots involved with one of the property line running through the length of the structure. Ms. Reyes then met with the Building & Safety Manager, Senior Inspector Belvin, and the Planning Manager to discuss the potential rehabilitation of the property. Ms. Reyes left that day and several days later the City was contacted by Mr. Biondi, an attorney Ms. Reyes had hired. Ms. Reyes then returned to City Hall the following week to file an appeal of the Structure Abatement action. To date the City has not been allowed to perform a complete inspection of property to determine all of the structural issues involved. Fiscal Impact Unknown at this time. All costs incurred as a result of the Structure Abatement proceedings not reimbursed by the owner will be placed as a lien against the property. Recommendation That the City Council hear the testimony of the interested parties and determine whether to grant the appeal, deny the appeal, or direct City staff to take additional action to seek to resolve the substandard conditions. City staff recommends denial of the Appeal. Reviewed by: Robin Chipman Building & Safety Ma ager Approved by: Robert A. Brady City Manager Page 2 of 14 Appeal of Structure Abatement Action October 11, 2011 Page 3 ATTACHMENTS: 1. Incident Report from Riverside County Fire 2. Letter of Appeal dated August 15, 2011 3. Location map 4. Pictures of property Page 3 of 14 Page 4 of 14 BATTALION 2 LAKE ELSINORE FIRE DEPARTMENT AU 11r 11:A 11UN UV J 11(UUI UKC: 111U; UK J1U1V1N1UAN "1 1NUIDE INCIDENT #RRU 051842 DATE: June 7, 2011 TIME:03:1 ADDRESS: 522 N Riley St TYPE OF INCIDENT: Refuse fire TYPE OF OCCUPANCY: unknown CAUSE: Power lines down PROPERTY: 200.00 Fence line PROPERTY: 50,000 Building CONTENTS: Reported as "spark seen in the area ". When fire unit arrived on scene, I found a power line, from an Edison's pole, severed near the building. This energized line ignited debris in a 20'X 20' area. Access was difficult due to locked gates. The structure does not seem sound. There is a lot of wood rot on support members and Windows are boarded up. NAME: Unknown ADDRESS: PHONE NUMBER: NAME: Unknown ADDRESS: BUILDING INSPECTION NEEDED NOTIFICATION SENT TO: ❑ CITY MANAGER • BUILDING & SAFETY • BC Lawson • BC Beach REPORT BY: FC J YES CITY: CITY: NO COMMENTS: Edison arrived approximately 0500 am and disconnected the line to the building. It appears that Edison would not reconnect the power to building until the system is ungraded. Page 5 of 14 Page 6 of 14 CITY OF LAKE DREAM EXTREME,. city'WC- o CLERKS OFFICE 130 S. Main Street, Lake Elsinore, CA (951) 674 -3124, Ext. 269 For Official Use Only Date Received: E-17-doll Received By:� Date Fee Paid: �r o APPEAL OF STRUCTURE ABATEMENT FORM ® Policy 100 -8: The purpose of this Policy is to provide a standardized procedure for consideration of appeals from Structure Abatement decisions. Within 15 days of a Structure Abatement decision, any person may appeal a decision to the City Council by filing this form and submitting a $200 fee. A copy of this policy is attached with further important information. Information Name: Elisa Reyes Date: August 15, 2011 Mailing Address: 31504 Sagecrest Drive City: Lake Elsinore Phone No.: (951) 514 -1804 State: California Zip Code: 92532 Fax No.: Subject of Appeal Information Subject of Appeal: Notice of Administrative Proceeding - First Notice Project No.(s): Project Applicant: Project Location: 53d Al. A"/i6/ e!'4 41 y.s, z7 Date of Structure Abatement Action: August 2, 2011 I, the undersigned, hereby appeal the above. action of approval /denial by the Lake Elsinore Structure Abatement, for the following reasons: (Please cite specific action being appealed.) Attach additional pages as needed. My property at 522 N. Riley St, Lake Elsinore CA 92530 is not a structural hazard or a public nuissance such that the building would need to be demolished. The city did not conduct a thorough investigation and /or inspection in order to make it's determination. Any defects with my building can be remedied, if I am allowed sufficient time. —'� Page 7 of 14 Signature: __ �r ��-- Page 8 of 14 w K O ?rl ar v, X 'Of Fes. N � CD 1 A � r O •t m —0 000009 g0 Xi z am�ym" om y� y Vt�V MW. im tr' ai Yi ■ I'l hill, uc �w� Ny ai Yi ■ I'l uc �w� Ny i >1"a Nil, z y Iiu � N4 W 1 3 r1 { r b l � 1 l � 4 � � Y 4 9N i; llMv w,a A ` u AT ; Pagi � y��Z