HomeMy WebLinkAboutAgenda Statement 1983/09/13 Item 4a COUNCIL AGENDA STATEMENT
Item 4a
Meeting Date 9/13/83
ITEM TITLE: Resolution /73,q - Directing the City Attorney to Bring an Action
to Abate a Nuisance at 1097 Oleander Avenue
SUBMITTED BY: City Attorney (4/5ths Vote: Yes No X )
The occupants of the residence at 1097 Oleander are constructing a
second story in addition to remodeling the first story of the
house located there. They have failed to obtain a building permit
and their construction violates the Municipal Code.
RECOMMENDATION: Direct the City Attorney to bring an action to
abate this construction as a public nuisance.
BOARD/COMMISSION RECOMMENDATION: N/A
DISCUSSION:
As early as October 4, 1982, the Building Department has been in
contact with Mr. Michael Wheeler, the occupant of the dwelling at
1097 Oleander. A Mr. Earl Pheifer is the owner of the property,
but he has an agreement with Mr. Wheeler which gives Mr. Wheeler
the option to either buy the property or share in the proceeds due
to the construction if the property is sold to a third party.
Mr. Wheeler is remodeling the first story and in doing so has
built a garage in the front setback area. He is now constructing
a second story. He has already finished a chimney which will
serve both the first and second story.
Both the Building Department and the City Attorney' s office have
for almost a year attempted to persuade Mr. Wheeler to come into
compliance with the City Code. He has never obtained a building
permit because he originally started the construction without
first submitting any plans. After repeated efforts, the City
Attorney's office filed a criminal action against Mr. Pheifer on
December 22, 1982. Mr. Pheifer failed to appear and there is
presently an arrest warrant outstanding.
Subsequently, the occupant and owner were served with a Notice of
Violation under Chapter 1 of the Municipal Code. This notice
informed them if they did not correct the condition, that they
would be subject to an abatement action. At this time, Mr.
Wheeler retained George Ronis to represent him. George Ronis
arranged for an inspection of the property and there appeared to
be a desire on the part of the occupant to finally obtain a
building permit. Staff agreed to attempt to "inspect" the
Continued on Page Two. . . .
Form A-113 (Rev. 11/79)
Agenda Item No. 4a
Meeting Date: 9/13/83
Page Two
construction by reviewing a series of pictures taken by Mr.
Wheeler throughout the course of the construction. Mr. Wheeler
was required to submit a site plan. After twice submitting an
assessor's parcel plot map and being told that this was not what
was required, he finally submitted the site plan. The plan was
reviewed by City staff and violations were noted. It was returned
to Mr. Wheeler and he was given two weeks to respond to the
corrections that were required. There has been no further
response from Mr. Wheeler.
At this point, the passage of time by itself evidences a refusal
to comply with City requirements on the part of Mr Wheeler. The
City Attorney' s office has tried to contact Mr. Ronis, but he has
not returned the call. In the past Mr. Ronis has been very
helpful and cooperative with us. It was due to the progress he
appeared to be making with his client that enforcement action was
withheld for so long . It is now our suspicion that he is unable
to persuade his client to take the hard steps necessary to come
into compliance with the Code.
There are obvious violations, for example, the construction of the
garage in the front setback area. In addition, City staff has
been unable to inspect the construction and assure themselves that
it complies with the Building Code. There is, therefore, little
recourse but to abate the construction as a public nuisance.
FISCAL IMPACT: N/A
f
by the City Council of
Chula Vista, California
Dated