HomeMy WebLinkAboutAgenda Statement 1985/09/10 Item 6 COUNCIL AGENDA STATEMENT
Item 6
Meeting Date 9/10/85
ITEM TITLE: Resolution 42/67' Directing the City Attorney to bring
action to abating nuisance at 1097 Oleander Avenue
SUBMITTED BY: Director of Building and Housing4tyr7
City Attorney'c.{
REVIEWED BY: City Manager 9' (4/5ths Vote: Yes No X )
Mr. Michael Wheeler, the occupant of the residence at 1097 Oleander, failed to
correct the violation of the Municipal Code by maintaining a building within
the required front yard setback of 15 feet.
RECOMMENDATION: That City Council direct the City Attorney to take legal
action against Mr. Wheeler to abate the nuisance at 1097 Oleander Avenue.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
As early as October 4, 1982, the Building and Housing Department has been in
contact with Mr. Michael Wheeler, occupant of the dwelling at 1097 Oleander
(owned by Mr. Earl Pheifer) to obtain a permit for the building construction
and to comply with the 15 foot front setback. Both the Building and Housing
Department and the City Attorney' s Office have for over two years attempted to
get Mr. Wheeler to come into compliance with the Municipal Code. On September
1983, the City Council held a public hearing on abatement of public nuisance
reference 1097 Oleander Avenue. At the public hearing, Mr. Wheeler testified
that he needed additional time to correct the Code violation. The City
Council on September 13, 1983, passed Resolution 11609 granting Mr. Wheeler a
6-month extension to abate the public nuisance. At the request of Mr.
Wheeler's attorney, George Ronis, the City Council granted an additional 48
days due to Mr. Wheeler being incarcerated and not being home until April 6,
1984. The extension of time granted to Mr. Wheeler would extend to May 1 ,
1984. Mr. Wheeler, in hoping to not have to remove that portion of the
building occupying the 15-foot front setback area, discussed with then
Planning Director Bud Gray about the possibility of obtaining a variance for
occupying the 15-foot setback. Mr. Wheeler was informed that no hardship
existed to qualify for a variance. Mr. Wheeler filed plans with the Building
and Housing Department and obtained the necessary permits for the construction
work being done at 1097 Oleander Avenue. Inspections were made of the
construction to determine compliance with the Building Codes and the
construction was approved with the exception of the building located in the
front yard setback. .r -.-.M-rt-�--
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Page 2, Item
6
Meeting Date 9/10/85
On March 31 , 1985, a letter was received by the Building and Housing
Department from Mr. Wheeler that he had been incarcerated in San Diego County
Jail for almost a year and is presently on work furlough 7 days a week in
Lakeside. Nights are spent at the Western Stage Reentry Program on Imperial
Avenue, San Diego. Mr. Wheeler stated in his letter that he would complete
his obligation to the City when his work furlough was completed around July
19, 1985.
On August 22, 1985, an inspection of 1097 Oleander Avenue noted that the
building occupying the front setback is still in violation of the Municipal
Code. It is apparent that Mr. Wheeler has no intention of complying with the
Municipal Code by observing the 15-foot setback. The City has been most
generous with Mr. Wheeler, but to obtain compliance, it is obvious that it
will have to be through legal action instituted by the City Attorney' s Office.
FISCAL IMPACT:
WPC 0047B