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HomeMy WebLinkAbout1990/06/11 Board of Appeals & Advisors Agenda Packet (3) ~{~ ITEM #3E ~~~~ - - -- ~- -- OlY OF CHULA VISfA 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 F 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 portion 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 taking 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. 276 FOURTH AVENUE/CHULA VISTA. CALIFORNIA 92010/(619) 691-5007 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 propose(jdates of implementation. c) 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 Building Official of ittmls I-a and I-b as identified above. . .c .. , 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 ~é;.i . DIRECfOR 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) ~- . ~ ,. 303 UNIFORM BUILDING CODE plans. specifications and other data filed therewith conform to the rcquirementsof this code and other pcrtinc~t J¡,¡ws and ordinances. and thut the fees specified in Section 304 have been paiù. he shall issue a permit therefor to the applicant. When the building official issues the permit where plans arc required. he shall endorse in writing or stump the plans and specifications "APPROVED," Such approved plans and specifications shall not be changed. modified or altered ~ without authorizations from the building official. and all work regulated by this ~ code shall be done in accordance with the approved plans. The building official may issue a permit for the construction of part of a building or structure beFore the entire plans and specifications for the whole building or structure have been submitted or approved. provided adequate infor- mation and -detailed statements have been filed complying with all pertinent requirements of this code. The holder of such permit shall proceed al his own risk without assurance that the permit for the enUre building or structure will be granted. (b) Retention of Plans. One set of approved plans. specifications and compu- tations shall be retained by the building official for a p~riod of not less than 90 days from date of completion of Ihework covercù therein; and one set of approved plans and specifications shaH be returned to the applicant. and said set shall be r kept on the site of the' building or work at all limes during which the work authorized thereby is in progress. (c) Validity of Permit. The issuance or granting of a perm II or approval of plans. specifications and computations shall not be construed 10 be a permit for. or an approval of. any violation of any of the provisions of ¡his code or of any other t ordinance of the jurisdiction. Permits presuming to give authority to violate or cancel the provisions of thIs code or other urdinances of tllc jUfl!\diclion shaH nOI ;" be valid. ,~ The issuance of a permit based upon plans. spccifiCi.ltlons and O{hcr data shall not prevent the building offil'ial from thereafter re4uiring the correction of errors in said plans. specifications and other daw. or from rrevenling: building: opera- tiuns being carried on thereunder when In violation of this code or of ¡my olhcr ordinances of this jurisdiction. (d) Expiration. Every permit issued by the building official under the provi- sions of this code shaH expire by limitation and become nutl and void iF the building or work authorized by such permit is not commçnccd within 180 days from the date of such permit. or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a penoJ of J 80 days. Before such work can be recommenced. a ncw permit shaH be first obtained 10 do so, and the fee therefor shal! be onc half the amuun! required for a new permit for such work. provided no changes havc becn made ur will be made In the onglnal plans ami specIfications (()[' such work: and provided further that such suspension orab;mdonment ha~ not cxcceded lme year. In order In renew action on J permit afterexpira!iùn. {he permittee shalt p:l}' a ncw full pl.:!"Ini{ fec. Any permittee holding an unc:\pired permit J11;IY ;Ipply for an extension of thc time within whi.:h hc may commence work under thJt permit \vhcn he is UIlJblç to 10 I Attachment (1) - ~- -_.--._-~..- 1988 EDITION 303-304 commence work wirhin the time required by this section for good and satisfactory reasons. The building official may extend (he lime for action by the permittee for a period not exceeding J 80 days upon wriHen request by the permittee showing that circumstances beyond the control orehe permittee have prevented action from being taken. No permit shal! be extended more than once. (e) Suspension or Revocation. The building official may, in writing. suspend or revoke a permit issued under the provisions of this code whenever (he permit is issued in error or on the basis of incorrecl information supplied. or in violation of any ordinance or regulation or any of the provisions of this code. Fees Sec. 304. (a) General. Fees shall be assessed in accordance with the provisions of this section or shall be as set forth in the fee schedule 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 valuation 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 construction work for which the permit is issued as well as all finish work, painting, roofing, electrical. plumbing. heating. air conditioning, elevators, fire- ex.tinguishing systems and any other permanent equipmenl. (c) Plan Review Fees. When a plan orotherdata are required to be submitted by Subsection (b) of Section 302, a plan review fce shall be paid at the time of , submitting plans and specifications for review. Said plan review fee shall be 65 percent of the building permit fee as shown in Table No.3-A. ~ The plan review fees specified in this subsection are separate fees from the ~ permit fees specified in Section 304 (a) and are in addition to the permit fees. ~ Where plans are incomplete or changed so as to require additional plan review, an additional plan review fee shall be charged at the rate shown in Table No.3-A. (d) Expiration of Plan Review. Applications for which no permit is issued within 180 days following the date of application shall expire by limitation. and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the 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 that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be ex- tended more than once. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee. (e) Investigation Fees: Work Without a Permit. I, Investigation. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit. a special investigation shall be made before a permit may be issued for such work. 2. Fee. An investigation fee, in addition to the permil fee. shall be collected whether or not a permit is then or subsequently issued. The investig~ltion fee shall be equal to the amount of the permil fee required by Ihis code. The minimum 11 Attachment (2) --" 202·204 UNIFORM BUILDING CODE official after receipt of such notice to make the structure, or ponioo thereof. comply with the requirements of this code. (f) Liability. The building official. or his authorized representative charged with the enforcement of [his code. acting: in good faith and without malice in the discharge of his duties, shall not thereby render himself personally liable for any damage that may accrue to persons or property 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 i building official or employee because of such act or omission performed by him 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 ¡¡ 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 lessen the responsibility of any person owning, operating or controlling 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 ,; the inspections authorized by this code or any permits or certificates issued under this code. (g) Cooperation 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 O[her officials of this jurisdiction. Unsafe Buildings or Structures Sec. 203. All buildings or structures regulated by this code which are structur- ally unsafe ornot provided with adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human !ife are, for the purpose of this section, unsafe. Any use of buildings or structures constituting a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard. disaster, 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 deteriorated condition or otherwise unable to sustain the design loads which are specified in this code are hereby designated as unsafe building appendages. At! such unsafe buildings, structures or appendages are hereby declared to be public nuisances and shaH be abated ·by repair, rehabilitation, demolition or removal in accordance with the procedures set forth in the Dangerous Buildings Code or such altcrnate procedures, as m.ay have been or as may be adopled by this jurisdiction. As an alternative. the building official. or other employee or official of this jurisdictIOn as designatcd by the governing body. may institUle any other appropriate action to prevent, restrain. correct or abate Ihe violation. Board of Appeals 1 Sec. 204. (a) General. In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the applicalion and 6 , Attachment (3) ~ 301·302 ABATEMENT OF DANGEROUS BUILDINGS Chapter 3 DEFINITIONS Generel Sec. 301. For the purpose of this code, certain terms, phrases, words and their derivatives shall be construed as specified in either this chapter or as specified in the Building Code or the Housing Code. Where terms 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 Officials, 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 lntema- dona! Conference of Building Officials, as adopted by this jurisdiction. Dangerous Building Sec. 302. For the purpose of this code, any building or structure which has any or a!1 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: F 1, 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. ), 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 extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the Building Code for new buildings of similar structure, purpose or location. S. Whenever any portion or member or appurtenance thereof ís likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property. 12 ',.,"- Attachment (3) - .,-.- ... :- 302 ABATEMENT OF DANGEROUS BUILDINGS 16. Whenever any building or structure, because of obsolescence, dilapidated I condition, deterioration, damage, inadequate exits, lack of sufficient fire-resis. tive construction, faulty electric wiring, gas connections or heating apparatus, or ether cause, is determined by the fire marshal to be a fire hazard. I 17. Whenever any building or structure is in such a condition as to constitute a public nuisance known to the common law or in equity jurisprudence. I 18. Whenever any portion of a building or structure remains on a site after the ! demolition or destruction of the building or structure or whenever any building or i structure is abandoned for a period in excess of six months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public. r , , ! , 14 ---..---.-- "~-'~ ----'1 " , ", j I