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Home My WebLink About1991/03/18 Board of Appeals & Advisors Minutes Attachment . . . (Attachrnent"A") (Page 1 of 5) MINUTES OF A SPECIAL MEETING BOARD OF APPEALS AND ADVISORS CI1Y OF CHULA VISTA, CALIFORNIA March 18. 1991 Council Conference Room 5:00 p.m. MEMBERS PRESENT: Vice Chairman Leonard, Board Members Arnold, Gingerich, Nash and Reynolds MEMBERS ABSENT: Chairman Contreras and Board Member McArthur CITY STAFF PRESENT: Assistant Director of Building and Housing Remp, Administrative Secretary Uybungco, Senior Code Enforcement Officer Foster, Assistant City Attorney Ramirez, Fire Marshal Gove and Fire Captain Smith Linda Harter, Assistant City Attorney for the City of National City, acted as Legal Counsel for the Board CALL MEETING TO ORDER: Vice Chairman Leonard called the meeting to order at 5:03 p.m. ROLL CALL: Members present constituted a quorum. 1. APPROVAL OF MINUTES: MSUC Nash/Gingerich (4-0-1) to approve the minutes of February 11, 1991. 2. NEW BUSINESS: A. Appeal of the Notice and Order for the Abatement of Public Nuisance for the Property Located at 255 Rogan Road, Chula Vista, CA 91910. Administrative Secretary Uybungco informed the Board that the Department had received an Appeal of the Notice and Order of the Building Official, dated December 17, 1990 as submitted by Mr. William McMurtry. Copies of Mr. McMurtry's Appeal, along with the Notice and Order, the Amendment to the Notice and Order and the Request for Extension from Mr. McMurtry were distributed to the Board by Administrative Secretary Uybungco. Administrative Secretary Uybungco introduced Assistant City Attorney, Suzanne Ramirez (representing City) and Mr. William McMurtry (Appellant) to the Board members. (Attachment "A") (Page 2 of 5) e Board of Appeals & Advisors March 18, 1991 . . -2- 1) ~nt--Gity---AtteFBe}'---&amiF~--r~6SteG---t-h&--4ismissal---ef__~e f.lem:iBg.au&-te-tae-ae18f.fer--th&filiBg4d}t)-Aweal-By-Mr-:-M~~ +h&--Ged&-st~fr~at.-aB--A~aI--fBust-~.fH6Q.-wHfiin-~.eaYfr-ef_~e ea-t6-ef-isstiaae&-ef--a-Netie&-and~.e6f:---Mr-:--MeM\iFt.F}'--diQ.-fiOt-me6t th&-time-fritfBe-speei~ied: Assistant City Attorney Ramirez requested the dismissal of the hearing due to the objection that Mr. McMurtry did not comply with the Uniform Code for the Abatement of Dangerous Buildings. Section 501(a7) which requires verification of the appeal by declaration under a penalty of peIjury and Section 502 due to his failure to verify his appeal constituting a waiver of his rights for a hearing. Mr. McMurtry presented his rebuttal for the request to dismiss the Hearing. 2) MSUC Arnold/Nash (5-0) to deny the request for the dismissal of the Hearing. Mr. McMurtry requested an extension for his Appeal due to his opinion that he was not given enough time to prepare for the Hearing. He stated that he did not receive the announcement for the Hearing until March 9, 1991 and that he did not receive the documentation he requested from various City departments in a timely manner. Assistant City Attorney Ramirez presented her rebuttal against Mr. McMurtry's request for an extension. MSUC Reynolds/Arnold (5-0) to deny the request for an extension of the Hearing. Assistant City Attorney Ramirez suggested to the Board to reconvene at another time in order to provide the Board with an opportunity to visit the site and view the condition of the property. MSUC Gingerich/Arnold (5-0) to continue the proceedings to finality without reconvening. Assistant City Attorney Ramirez called Brad Remp, Assistant Director of Building and Housing, as the first witness to provide testimony to support the Notice and Order. Vice Chairman Leonard administered the Oath to Assistant Director of Building and Housing Remp. Assistant City Attorney Ramirez provided copies of sections of the Chula Vista Municipal Code as pertaining to the violations at 255 Rogan Road. Administrative Secretary Uybungco marked this packet as "Exhibit #1" as submitted. 3) 4) Assistant City Attorney Ramirez went over Items No.1, 2, 3, 4, 8, 11, 12 and 13 as listed on the Notice and Order with Assistant Director of Building and Housing Remp in order to get his statements regarding the condition of each violation cited. (Attachment "A") (Page 3 of 5) . Board of Appeals & Advisors March 18, 1991 . . 7) -3- Assistant Director of Building and Housing Remp presented a set of nine (9) photographs depicting the conditions of the property and showing the items which are stored on the property. Assistant City Attorney Ramirez submitted the set of photographs as evidence. Administrative Secretary Uybungco marked the set of photographs as "Exhibit #2". Mr. McMurtry submitted a memorandum dated November 1, 1990 to Carol Gave (Fire Marshal), Keith Hawkins (Captain - Police Department) and Jim Monaghan (Senior Building Inspector) from Dick Foster (Senior Code Enforcement Officer) as evidence of his disapproval for the site inspection of November 21, 1990, at which time the photographs as presented as "Exhibit #2" were taken. Administrative Secretary Uybungco marked the memorandum as "Exhibit #3". 5) Assistant City Attorney Ramirez called George Smith, Fire Captain as a witness to Items No.5, 6, 7 and 10 as listed on the Notice and Order. Vice Chairman Leonard administered the Oath to Fire Captain Smith. Assistant City Attorney Ramirez requested to remove Item No.9 on the Notice and Order. Mr. McMurtry did not object to this request. Fire Captain Smith presented his observations of the property from the site inspection of November 21, 1990. Mr. McMurtry submitted as evidence a memorandum dated October 4, 1990 to Dick Foster, Senior Code Enforcement Officer, from Carol Gave, Fire Marshal. Administrative Secretary Uybungco marked the memorandum as submitted as "Exhibit #4". 6) Assistant City Attorney Ramirez informed the Board that residents of Mr. McMurtry's neighborhood were available to provide testimony as to the violations. Linda Harter, Legal Counsel for the Board, stated that testimonies from all neighbors present would be redundant. Board Member Nash requested that a representative provide the testimony for the group. Assistant City Attorney Ramirez called Mrs. Helen D. Little, property owner of 271 Rogan Road, as the witness to represent the group. Vice Chairman Leonard administered the Oath to Mrs. Little. Mrs. Little provided two photographs depicting the dumpster and vehicles on the property as evidence to her testimony. Administrative Secretary Uybungco marked the photographs as "Exhibit #5" and "Exhibit #6". Mrs. Esther Lassman, property owner of 264 Rogan Road, requested to provide her testimony against Mr. McMurtry. Vice Chairman Leonard administered the Oath to Mrs. Lassman. Mrs. Lassman provided testimony for Item No. 12 (beekeeping) as stated in the Notice and Order. (Attachment "A") (Page 4 of 5) . Board of Appeals & Advisors -4- March 18, 1991 8) Mr. McMurtry was given the opportunity to present his testimony against the Notice and Order. Vice Chairman Leonard administered the Oath to Mr. McMurtry. Mr. McMurtry stated that he resided in several places: 115 Palomar Street, 275 Rogan Road and on Cartwright Street in San Diego. Mr. McMurtry presented his rebuttal to all the statements which were made by the four witnesses called by Assistant City Attorney Ramirez. Mr. McMurtry stated that all vehicles on the property are parked on concrete. Mr. McMurtry submitted a letter dated February 3, 1989 to the City Clerk stating his compliance to the violations cited on his property by Mike Fox, Code Enforcement Officer. Assistant City Attorney Ramirez objected to the letter being submitted as evidence due to its irrelevance to the Notice and Order dated December 17, 1990. Linda Harter noted the objection. Administrative Secretary Uybungco marked the letter as "Exhibit #7". . Mr. McMurtry submitted a Notice and Order to Abate dated January 20, 1989 as evidence for his testimony. Administrative Secretary Uybungco marked the Notice and Order to Abate as "Exhibit #8". Mr. McMurtry submitted a memorandum dated August 7, 1989 to Ken Larsen, Director of Building and Housing, from Mike Fox, Code Enforcement Officer as evidence that items observed by Mike Fox during an inspection on August 4, 1989 did not constitute public health or safety hazards. Administrative Secretary Uybungco marked this memorandum as "Exhibit #9". Assistant City Attorney Ramirez submitted documentation of property appraisal record from the Office of the Assessor of the County of San Diego. This document showed that Mr. McMurtry was paying taxes for the land only and not for any structures at 255 Rogan Road. Mr. McMurtry objected to the report as being evidence to the City's testimony. Linda Harter noted Mr. McMurtry's objection and received the document. Administrative Secretary Uybungco marked the report as "Offered but refused as Exhibit # 10". . 9) Upon completion of the testimonies from witnesses for the City and Mr. McMurtry, Board Members Gingerich, Nash and Reynolds sought final clarification from Mr. McMurtry on his testimony of the violations on his property. City staff and witnesses were dismissed in order for the Board to hold a closed-door session with their Legal Counsel, Linda Harter, to discuss their findings. Assistant City Attorney Ramirez and Mr. McMurtry were informed by Linda Harter that a written report of the Board's findings will be provided to both parties. . . . (Attachment "A") (Page 5 of 5) Board of Appeals & Advisors -5- March 18, 1991 3. DIRECTOR'S COMMENTSIREPORT: None 4. COMMUNICATIONS (PUBLIC REMARKS/WRITTEN CORRESPONDENCE): None 5. Vice Chairman Leonard adjourned the meeting at 10:05 p.m. to a Closed Session. The Board will meet in regular session on Monday, AprilS, 1991. , ~./~ ,....- . IF 6?..~ Kenne h . Larsen, c.B. . Director of Building and Housing Secretary to the Board of Appeals and Advisors 1/ ' /~.L- .-P-t; ku,,~C/.-' Yeelin UyMungco Administrative Secretary Department of Building and Housing /yu (e:\boardmin.doc)