HomeMy WebLinkAbout2012-02-28 City Council Agenda Item No. 6CITY OF
LADE r~ LSI O
DREAM EXTREME
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: ROBERT A. BRADY
CITY MANAGER
DATE: FEBRUARY 28, 2012
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.
On July 13, 2011, Senior Building Inspector Belvin met with the owner, Ms. Elisa Reyes,
at the property. After a brief 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.
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. Ms. 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 lines running through the length of the structure. Ms.
AGENDA ITEM NO. 6
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Reyes then met with the Building & Safety Manager, Senior Building 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.
The appeal was brought before City Council on October 11, 2011, and after hearing
testimony from the Building & Safety Manager, Ms. Reyes, and her attorneys, the City
Council agreed to continue the appeal for a period of ninety days to provide the property
owner time to investigate and submit plans to show how the property will be brought into
compliance.
As directed by City Council staff met with Ms. Reyes Attorney and performed a
complete inspection of the property at 522 Riley Street. A complete list of violations
were identified and provided to the appellant's attorney on December 1, 2011. As of the
writing of this staff report no plans have been submitted and there has been no further
correspondence between the property owner and the City.
Fiscal Impac
The fiscal impact is unknown at this time. All costs incurred as a result of the Structure
Abatement proceedings that are not reimbursed by the owner will be placed as a lien
against the property.
Recommendation
Staff recommends that City Council deny the appeal and further directs staff to continue
with the abatement proceedings and take any necessary action to resolve the
substandard conditions.
Reviewed by: Robin Chipman
Building & Safety Manager
Approved by: Robert A. Brady
City Manager
ATTACHMENTS:
1. Incident Report from Riverside County Fire
2. Letter of Appeal dated August 15, 2011
3. Location map
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BATTALION 2
LAKE ELSINORE FIRE DEPARTMENT
[CATION OF STRUCTURE FIRE OR SIGNIFICANT INCIDRNT
INCIDENT #RRU 051842
ADDRESS: 522 N Riley St
DATE: June 7, 2011
TYPE OF INCIDENT: Refuse fire
TYPE OF OCCUPANCY: unknown
CAUSE: Power lines down
PROPERTY: 200.00 Fence line
PROPERTY: 50,000 Building
CONTENTS:
CONTENTS:
TIME:03:15
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 uD.
CITY:
CITY:
BUILDING INSPECTION NEEDED:
NOTIFICATION SENT TO:
❑ CITY MANAGER
X BUILDING & SAFETY
X BC Lawson
X BC Beach
REPORT BY: FC J
YES n 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 11DOr2df-d_
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CITY OF
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DREAM EXTREME,.
City C`Ckls fficCL.ERKS OFFICE
130 S. Main Street, Lake Elsinore, CA
(951) 674-3124, Ext. 269 '
For Official Use Only
Date Received: $'!7-do//
Received By: &&'A 0
Date Fee Paid: APPEAL OF STRUCTURE ABATEMENT FORM
la 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.
Name: Elisa Reyes
Mailing Address: 31504 Sagecrest Drive
City: Lake Elsinore
-)ne No.: (951) 514-1804
Date: August 15, 2011
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: 5,7,4 Al. /c_,~~ L ~~F 5~,✓~~c q ys
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
termination. Any defects with my building can be remedied, if I am allowed
sufficient time.
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