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HomeMy WebLinkAbout1990/07/09 Board of Appeals & Advisors Agenda Packet (3) ~ ~ ft... ITEM ;m 3Q.. - ;~~; ~~ -- Cl1Y OF r CHULA VISTA BUILDING AND HOUSING DEPARTMENT - May 21, 1990 , NOTICE AND ORDER OF THE BUILDING OFFICIAL Mr. Lee Chou & Mrs. Betty Chou 394 Broadway Chula Vista, CA 92010 RE: BUILDING PERMIT EXPIRATION DETERMINATION OF DANGEROUS BUILDING @ 380 BROADWAY, CHULA VISTA, CA ( Pursuant to the provisions established by the 1988 Edition, Uniform Building Code, Section 303( d), the above referenced Building Permit to construct a four-story motel project has expired as a result of work suspension and abandonment of the project for a period in. excess of 180 days. Previous notification to alert you to this condition forwarded to your attention on April 18, 1990 has failed to generate a re-commencement of the project. As also determined by the Building Official, pursuant to the provisions established by the 1985 Edition, Uniform Code for the Abatement of Dangerous Buildings, Section 302(18) and the provisions established by the 1988 Edition, Uniform Building Code, Section 203, "Unsafe Buildings or Structures", the above referenced project constitutes a nuisance, subject to abatement premised upon the following criteria: 1. Whenever any building or structure is abandoned for a period in excess of six months so as to constitute such building or porti'on thereof as an attractive nuisance or hazard to the public, and, 2. Whenever any property owner knowingly operates, or continues to maintain a fire hazard on or about the premise without talcing reasonable precautions to mitigate such hazards, and, 3. Whenever any property owner maintains conditions on or about the property which constitutes a direct threat to the health, safety and welfare of the general public. I \. "0 :ì6 FOURTH AVENUE CHULA '..lIST"; CALIFORNIA 92010'(619) 691-5007 r Lee Chou & Betty Chou -2- May 21, 1990 Accordingly, you are hereby specifically directed to comply with the following: 1. To abate this public nuisance by either initiating actions towards the completion of the project or by complete demolition of the partially completed structure and foundation, with removal of all related construction debris to an approved off-site location. - _. ~ --.._-- -- - -~--_.- . - ~ -- ----- - ---. Required Actions for Completion: a) In the event completion of the project is considered, a project completion calendar shall be submitted for approval to the satisfaction of the Building Official. Completion calendar shall contain specific dates for the balance of the project's construction phases, anticipated date of occupancy and justification to insure the project's completion in a timely manner. b) - Definition of what specific measures to mitigate the existing fire hazard will be -- implemented with proposed dates of implementation. é) Payment of fees for purposes of securing a new building permit for the project. A building permit for completion of the project will not be issued ( unless accompanied by documentation to the satisfaction of the BuiJding Official of items I-a and I-bas identified above; .. _ _~ _ . _ . _ Required Actions for Demolition: . d) Secure Demolition Permit from the Department of Building and Housing. e) Notify all serving utilities of impending demolition activity for purposes of service-to-site disconnects. As identified by the specific criteria to abate the public nuisance by either the completion or demolition of the structure, this Notice and Order shall mandate that actions to abate the described public nuisance shall be initiated bv the close of business. Fridav. June 8, 1990. In the event an appeal to this Notice and Order is requested, an appeal shall be submitted in writing, no later than the close of business on Wednesday, June 6,1990 to: Board of Appeals and Advisors Attention: Director of Building and Housing Department of Building and Housing 276 Fourth Avenue Chula Vista, CA 92010 ( . CITY OF CHULA VISTA Lee Chou & Betty Chou -3- May 21, 1990 ( - Failure to comply with this Notice and Order will result in this agency filing actions to seek immediate resolution towards the abatement of the public nuisance. In the event further explanation or clarification of this directive should be necessary, please do not hesitate to ~~~ , DIREcrOR OF BUILDING AND HOUSING KGL:yu cc: G. Krempl, Deputy City Manager B. Leiter, Director of Planning B. Booggard, City Attorney C. Gove, Fire Marshal Attachments: (3) m UBC, Section 303(d) UBC, Section 203 UCADB, Section 302(18) ( ( chou3.doc) ( . CITY OF CHULA VISTA Attachment (1) r ~- - "- . - . ~ ". ~, ..-.,- c 303 - .. --. UNIFORM BUILDING CODE ~ ~ - - ~ - plans. specifications and ot~crdata filed therewith conform to the requirements of this code and other pcrrincñllaws ¡¡nu ordinances. and that the fees specified in Section 304 have been p¡¡id. he shall issue a permit therefor to the applil-ant. When the building officiaJ issues the pcrmil where plans are required. he shall endorse in wriling or slamp the plans and specifications "APPROVED," Such - ~ - approved plans and specifications shaH nOI be Changed. modified or ahered f without aUlhonzalions from the building official. and all work regulalcd by Ihis code shall be done in accordance with rhe approved plans. The building official may issue a permit for the construction of parI of a bUilding or structure before the entire plans and specifications for the whole building or srrucrure have been submitted or approved. provided adequate infor- mation and· detailed staremenrs have been fi!ed complying with all perrinem requirements ofrhis code. The hoJder of such pcrmir shall proceed ar his OWn risk without assurance that Ihe pcrmÜ for Ihe entire building or struclure will be granted. (b) Retention of Plans. One sel of approved plans. specifiCalions and compu- tations shall be re[ainedby [he building oftïciaJ for a period of nO[ less than 90 days from date of compleHqn:ofrhcwork coverculherein; and one set of approved plans and spec.rficiItions shaH be returned {Q the applicant. and said seLshaJi be ( kept on the site of the' buìlding or' work at aU limes during which the work authorized thereby is in progress. (c) Validity of Permit. The issuance or grunling of a permit or approval of plans. specifications and computations shall nOl be construed to be a permit for. or an approval of. any violation of any of thc provisions of this code or of any other ii ordinance of the jurisdiclion. P"rmilS prc...umlng to give authority to violatc or cancel Ihc provIsions of this code ur orher Orc.hnimees of the junsdi(.'{ (>n shall nOI j be valid. The issuance of a permil based upun plam;. specificatrons and uther data ,~ha not preVent the building uftï(,.'ial frum rh~reafter requiring the corrcL'tion of errors in said plans. spccitïc~Hion.", and othcr d;'Ha, or from preven!ing building opera- lions being carried on thereunder .....hen in viol~lIion of this code or uf any OIhcr ordinances of this jurisdiction. (d) Expiration. Every permit issued by thc building official under the provi- sions of thIs code shaH expIre by limitatIOn and become null and void if the budding or work au'homed by sueh permit is no, commenced wj,hm /80 days from the dale of such permit. or if the builQ,ing or .....ork authunzed by such pcrmir is suspended or abandoned at Jny time after the wnrk is commenced for a period of 180 days. Before such work c;.¡n be recommenced. iI ne\'.-' perm;1 shall be first obtained fa do so. and the fec therefor shal! be onc hall' the ilmOUn! required for a new permit for such work. provlJcd nuchanges h;¡vc been made orwill be Ilwdc In the original pJan.~ and SpcÇltÌi..'~I{I(1nS for such \\'\11"1\: anJ provided fUrther thar su(.'h suspensiun ur ~ bandonßlcnt h;¡s nor e,\eceJL'd unl.' YI..'ar. In ur-tler to rl.'nl.'w ¡-KIIOn on ~ permn after eXpiratIOn. the pcrlllHtl.:'C shaH pay ~t Ill.'\\' f'un perm [ fl.'e. Any perml!t~c hojJing an unl.',\pzrcd p~rn1!{ l!lay ~Ipply (or an ~.'([~nsion ut the [¡me wnhm whIch he may COll1rn~!1CC work under that pl.'rmH when he IS unable to 10 \ . -~ Attachment (1) r - -- -~--- 1988 EDITION 303-304 commence work within the time required by this section for good and satisfactory reasons. The building official may extend the lime for action by the permittee for a period not exceeding 180 days upon wrilten request by the permUlee showing that circumstances beyond the conlrol oflhe permittee have prevented action from being taken. No permit shal~ be extended more than once. (e) Suspensíon or Revocation. The building official may, in writing. suspend or revoke a permit issued under the provisions of this code whenever the permit is issued in error or on the basis of incorrect information supplied. or in violation of any ordinance or regulation or any of the provisions of this code. Ñ!es Sec. 304. (a) General. Fees shall be assessed in accordance with the provisions of [his section or shall be as set forth in the fee scheduJe adopted by the jurisdic- tion. (b) Permit Fees. The fee for each permit shall be as set forth in Table No.3-A. The determination of value or vaJuation under any of the provisions of this code shall be made by the building official. The value to be used in computing the building permit and building plan review fees shall be the total value of all construclion work for which Ihe permit is issued as well as aJl finish work, paiming. roofing, electrical, plumbing. heating. air conditioning, elevators. fire- extinguishing systems and any other permanent equipment. (c) Plan Review Fees. When a planorolherdala are required to besubmirred by Subsection (b) of Section 302. a plan review fee shall be paid at the time of ( submitting plans and specifications for review. Said plan review fee shall be 65 percent of Ihe building permit fee as shown in Table No, 3.A. -:~ The plan review fees specified În this subseclion are separate fees from the J permit fees specified in Section 304 (a) and are in addition 10 the permit fees. :~ Where plans are incomplete or changed so as 10 require additional plan review. an additional pian review fee shall be charged at the rate shown in Table No.3-A. (d) ExplraCion of Plan Review. AppliCalions for which no permit is issued wilhin 180 days following Ihe date of applicalion shall expire by limitalion. and plans and other dala submiued for review may thereaftcr be rcturned 10 the appJicant or destroyed by Ihe building official. The building official may extend the time for action by the applicant for a period not exceeding 180 days upon request by the applicant showing thi:ll circumstances bcyond the control of the applicant have prevented action from being taken. No application shall be ex- tended more Ihan once. In order 10 renew action on an application after expiratIOn. the applicant shaH resubmit plans and pay a new plan review fee. (e) InvesCigation Fees: Work \Vithouc a Permit. I. InvestlgaCion. Whenever any work for which a permit is required by this code has been commenced wilhout firsl obtaining said permit. a special investigation shall be made before a permit may be issued for such work. 2. Fee. An investiga!ion fee, in addition 10 the permit fee. shall be collecled whether or not a permil is then or subsequently issued. The invesligation fee shall be equal to ¡he amounl of ¡he perml! fee requIred by this code. The minimum 11 t . Attachment (2) r .- 202·204 UNIFORM BUILDING CODE , official after receipt of such nOlice to make the structure, or portion thereof, comply with the requirements of this code. (0 Liability. The building official, or his authorized representative charged with the enforcement of this code. acting in good failh and wilhouI malice În the discharge of his duties, shall not thereby render himseJf personally liable for any damage that may accrue to persons or peopeny as a result of any act or by reason of any act or omission in the discharge of his duties. Any suit brought against the 1 building official or employee because of such act or omission performed by him I in the enforcement of any provision of such codes or other pertinent laws or ordinances implemented through the enforcement of this code or enforced by the a code enforcement agency shall be defended by this jurisdiction until final termi. nation of such proceedings, and anY' judgment resulting therefrom shall be assumed by this jurisdiction. This code shall not be construed to relieve from or Jessen the responsibility of any person owning, operating or comrolling any building or structure for any damages to persons or property caused by defects. nor shall the code enforcement ~ agency or its parent jurisdiction be held as assuming any such liability by reason of ( j the inspections authorized by this code or any permits or certificates issued under this code. (g) Coopèration of Other Officials and Officers. The building official may request, and shall receive so far as is requIred in the discharge of his duties, the assistance and cooperation of other officials of this jurisdiction. Unsafe Buildings or Structures Sec. 203. All buiJdings or structures regulated by this code which are structur- alJy unsafe or not provided with adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life are. for the purpose of this section, unsafe. Any use of buiJdings or structures constituting a hazard to safety, health or public welfare by reason of inadequatc maintenance. dilapidation, obsolescence, fire hazard. dis¡¡ster. damage or abandonment is, for the purpose of this section. an unsafe use. Parapet walls, cornices. spires. towers. tanks. statuary and other appendages or structural members which are supported by, attached to. or a part of a building and which are in deterioraled condition or otherwise unable to sustain the design loads which are specified in this code are hereby designated as unsafe building appendages. All such unsafe buildings, structures or appendages are hereby declared to be public nuisances and shall be abated ·by repair. rehabilitation, demolition or removal in accordance with the procedures sct forth in the Dangerous Buildings Code or such alternate pror.:edures. as may have been or as may be adopted by this JUrISdictIon. As an alternative. the budding official. urother employee or official of this jUrisdictIOn as designatcd by the governmg body. may instirute any other appropriate actIon 10 prevent. restram, correct or abate the violatIon. Board of Appeals , Sec. 204. (a) General. In order to hear and decide appeals of orders. decisions , or delerminallons made by the building orrïciaJ relallve 10 the applicatIon and 6 ( . Attachment (3) ~ r 301-302 ABATEMENT OF DANGEROUS BUILDINGS Chapter 3 DEFINITIONS General Sec. 301. For the purpose of this code, cenain tenns. phrases, words and their derivatives shaJJ be construed as specified in either this chapter or as specified in the Building Code or the Housing Code. Where lenns are not defined. they shall ha~e their ordinary accepted meanings within the context with which they are used. Webster's Third New International Dictionary of the English LAnguage. Unabridged. copyright 1981, shall be construed as providing ordinary accepted meanings. Words used in the singular include the plural and the plural the singular. Words used in the masculine gender include the feminine and the feminine the masculine. BUILDING CODE is the Uniform Building Code promulgated by the Interna- tional Conference of Building OfficiaJs, as adopted by this jurisdiction. DANGEROUS BUILDING is any building or structure deemed to be dan- gerous under the provisions of Section 302 of this code. HOUSING CODE is the Uniform Housing Code promulgated by the Interna- ûonal Conference of Building OfficiaJs. as adopted by this jurisdiction. Dsngerou8 Building Sec. 302. For the purpose of this code, any building or structure which has any or all of the conditions or defects hereinafter described shall be deemed to be a dangerous building, provided that such conditions or defects exist to the extent that the life, health, property or safety of the public or its occupants are endangered: ( I. Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size or is not so arranged as to provide safe and adequate means of exit in case of fire or panic. 2. Whenever the walking surface of any aisle. passageway, stairway or other means of exit is so warped, worn, loose, tom or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic. 3. Whenever the stress in any materials, member or portion thereof, due to all dead and live loads, is more than one and one half times the working stress or stresses allowed in the Building Code for new buildings of similar structure, purpose or location. 4. Whenever any portion thereof has been damaged by fire. earthquake, wind, flood or by any other cause, to such an c:ttent that the structura! strength or stabi jty thereof is matenaJJy less than ÎI was before such catastrophe and is less than the mmimum requirements of the Building Code for new buildings of similar structure, purpose or location. 5. Whenever any portion or member or appurtenance thereof is I ikely to fall. or to become detBched or dislodged, or to collapse and thereby injure persons or damage property. 12 t . Attachment (3) .' ( ~, ... 302 ABATEMENT OF DANGEROUS BUILDINGS 16. Whenever any building or structure, because of obsolescence. dilapidated , condition, deterioration, damage, inadequate exits. lack of sufficient tire.resis. I dve construction, faulty elecnic wiring, gas connections or heating apparatus, or f ! OÙ1ercause, is detenruned by the f1IC marshal to be a fire hazard. I J 7. Whenever any building or structure is in such a condition as tQ constitute a pubJic nuisance known to the common law or in equity jurisprudence. 18. %enever any portion of a building or structure remains on a site afrer the ! demolition or destruction of the building or structure or whenever any building or , structure is abandoned for a period in excess of six months so as to constitute such i building or portion thereof an attractive nuisance or hazard to the public. ( , ! , 14 --,._~--- ..-_.~ cc.., . . t i ,~ ~ . I