HomeMy WebLinkAboutAGENDA REPORT 1995 0419 CC REG ITEM 11PCITY OF MOORPARK
AGENDA REPORT
To: The Honorable City Council
From: Jim MacDonald, Building Inspecto
Date: April 11, 1995 (CC Meeting of April 19, 1995)
ITEM IL P._
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:RPARK, CF,°"
Cay Council Mee
ACTION,
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Subject: Consideration of appeal fees pursuant to Resolution No. 92 -832
and status of 169 -173 High Street (Wokal) "Notice and
Order to Abate."
BACKGROUND
On March 6, 1995, Mr. Don Wokal was sent a "Notice and Order to Abate" for the Earthquake
damaged building at 169 - 173 High Street. The-Order' was to commence repairs, in accordance
with Ordinance No. 188, or demolish the building within 45 days of notification of the "Order."
The" Order" provides Mr. Wokal the opportunity to Appeal the "Order" if it is made in writing
within 30 days of notification of the" Order." The Appeal must also be filed pursuant to Section
501 of the Uniform Code for the Abatement of Dangerous Buildings (UCADB). Mr Wokal has
not yet appealed pursuant to Section 501 or paid the 9805.00 fee for an "Appeals Hearing." The
Appeals Hearing fee is according to resolution #92 -832. The deadline to file the appeal is April
10, 1995 and the deadline to commence repairs is .i,pril 24, 1995.
Since the Earthquake, temporary shoring has been installed to support the west adobe wall. Mr.
Wokal's engineer stated that long term repair; were to he complete by August 1, 1994. Plans for
retrofit and repair were submitted on August 24. 1994 and the Engineer stated that the east and
west adobe walls were "OK" by visual inspection. Hiis method of determination was questioned
by Building and Safety stall and more information was requested. After much correspondence
and due to a lack of progress, Mr. Wokal was sent a letter inn January 18, 1995 directing him to
submit his plans for repairs within 30 days. Mr Wokal. instead, directed his engineer to
discontinue working on his repair plans. On Marry o. 1095 \ "lr Wokal was sent a "Notice and
Order to Abate."
3-9 -95 "Notice and Order" ±ccclvcd By Mr. Wokal via certified mail.
3 -13 -95 Building and Sal'ety 'ecelved �' letter from Mr. Wokal stating his
desire to appeal the )rdor
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3 -13 -95 Building and Safety mailed to Mr. Wokal a letter requesting
that he file the appeal pursuant to the requirements of the
Uniform Code for th „, Ahatement of Dangerous Buildings.
3 -15 -95 Mr.Wokal hand delivered to me, at the City Council
Meeting of' March 17, 1995, an appeal form without
providing the necessary �nl'ormation or the required
fee to begin the appeals )rr >c'c-,s
3 -17 -95 Building and Satety mailed Mr. Wokal a letter informing
him that his appeal k:,ulld not he processed until he filed his
appeal pursuant to ,Si,,ction 5o (a) of the Uniform
Code for the Ahatcinent Eft D.rngcrous Buildings.
3 -21 -95 Building and Safct� forwarded a memo to the Director of
Community Dcvelopm('rct updating him regarding 169 -173 High St.
3 -21 -95 A courtesy letter way, sent to Wokal advising him of
Section 502 of the 1 ni I orrrr C (,de for the Abatement
of Dangerous Kidding', "F2iil�irc to Appeal.,,
4 -5 -95 Mr. Wokal attended ._hc regular City Council meeting
and spoke during the "Public Comments” to protest the appeals
hearing fee and challcm,( Building and Safety's qualifications to
review his plan:.
4 -7 -95 City Manager r�turncd call to Mr. Wokal to explain council action
ol' April 5, 1995. City Manager confirmed that he must pay the
appeal fee no later than April 10 to have a valid appeal and that the
April 19 Council agenda would have an agenda item pertaining to
appeal fees relevant f,) Iris S]Wiition
DISCUSSION
Section 401 (b) 5 and Section 501 (a) of the t1CADB allows 30 days to file an appeal of a
"Notice and Order." Section 401 (b) sets a maximum of 60 clays to commence repairs or
demolish the building. If an Appeal is properly tiled, the "Notice and Order" is automatically
"stayed" until the appeal is heard and a decision is rendered by the Appeals Board. The Council
may allow Mr. Wokal up to 60 days from the date of notification ( March 9 ) to properly file his
appeal. It is the Building Official, opinion that the ;0 days to appeal provision is for processing
and hearing the appeal and may be extended io coincide with the deadline to commence repairs
(May 8). However, the UCADB does not provide I X r cxten,; ons beyond 60 days to commence
repairs if an appeal has not been filed_
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The $805.00 Appeals Hearing fee is established by Resolution No. 92 -832 to pay for staff time in
administering and processing the Appeal. Council may waiN c or reduce this fee as deemed
appropriate.
RECOMMENDATION
Direct Staff as deemed appropriate.
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