HomeMy WebLinkAbout04-05-2016 Item 7, Appeal (Walker - 1269 Fredericks) Background MaterialBACKGROUND /TIMELINE
October 1, 2013
Staff followed up on a complaint received on September 30, 2013 regarding substandard
housing conditions and visited the property. No one was home at the initial visit and the
existence of interior violations could not be determined. Contact information was left at the
front door of the main house requesting the occupant contact Code Enforcement.
October 2, 2013
Kathie Walker, an occupant of the property and spouse of the owner, contacted Code
Enforcement Officer Ben Ross stating they would be out of town and they would contact
code enforcement when they returned.
October 22, 2013
Kathie Walker contacted Officer Ross and stated that they would not grant access to the
property until a pending civil case regarding the property was resolved.
April 8, 2014
Code Enforcement visited the property and requested consent to inspect. The property
owner, Steven Walker denied the request.
April 9, 2014
The complainant, who was a party to the pending civil case against the Walkers, forwarded
to code enforcement a copy of an appraisal report (Attachment 1) for the property that was
conducted on October 28, 2013. The report identified numerous substandard conditions,
including lack of operable kitchen sink, exposed wiring, damaged floors and foundation and
a general state of disrepair due to an incomplete remodel. It also identified a detached
structure which was converted to a rental unit without required building permits. A review of
City records indicated that no permits were obtained for the alleged remodel of the main
house and alleged conversion of the detached structure to a rental unit.
April 11, 2014
The complainant forwarded to code enforcement an audio transcript of a May 2013 hearing
wherein the Walkers testified to the substandard conditions in the home. Kathie Walker
states that the main house is infested with rats, the roof leaks and is covered with a tarp, there
is no kitchen, portions of the foundation have collapsed and the house is in disrepair due to
the incomplete remodel.
May 5, 2014
Following the research of available city and county records (Attachment 2), review of the
Residential Appraisal Report, the audio transcript of the bankruptcy hearing and the original
complaint, it was determined that there was sufficient probable cause that property was in
violation of the CA Health & Safety Code Section 17920.3 and is a substandard building.
Based on this evidence, an inspection warrant was obtained and executed.
May 14, 2014
The Inspection Warrant was served and an inspection was conducted by the Chief Building
Official and Code Enforcement Officers. The inspection revealed violations including
inadequate sanitation, construction without permits, unpermitted second dwelling unit,
structural, plumbing and electrical hazards.
July 18, 2014
A Notice of Violation (NOV) (Attachment 3) was issued to the property owner for the main
house and the detached structure for unpermitted construction, structural hazards, inadequate
drainage around structure, inadequate sanitation, hazardous plumbing, hazardous electrical,
lack of required smoke detectors, lack of carbon monoxide detectors, lack of fire protection
(no fire wall at property line), faulty weather protection, and lack of land use approval for a
second dwelling unit. No appeal of the NOV was filed.
July 30, 2014
A meeting was conducted with property owner, Chief Building Official and Code
Enforcement to discuss violations at property.
September 16, 2014
A second meeting conducted with the property owner and City Staff and a second inspection
was performed.
December 9, 2014
As per a discussion with property owner, an Abatement Agreement (Attachment 4) was
drafted to address the violations at the subject property and provide a reasonable timeline for
compliance. The deadline for completion of all repairs was proposed as 6 months with an
extension possible if satisfactory progress is being made.
December 17, 2014
An email response was received from the property owner stating that the Abatement
Agreement did not accurately reflect amended items that were discussed. The property owner
requested an amended NOV to reflect the changes.
December 18, 2014
A revised NOV was agreed upon which excluded the laundry room and the plastic covering;
clarified that the carport conversion only included the construction in the living room, and
the rear dwelling unit was originally a detached bedroom.
January 29, 2015
An amended NOV was sent to property owner.
February 23, 2015
The amended NOV (Attachment 5) with the correct date was sent to property owner with
cover letter outlining options available to come into compliance with the City’s Municipal
Code and the Building Codes.
March 4, 2015
A Directors Appeal (Attachment 6) was received from property owner to dismiss the 2/23/15
NOV and waive fees. No fees had been requested or collected for any action at this time, so it
was unknown what fees they wished to have waived.
May 6, 2015
Notice of Director’s Decision (Attachment 7) upholding the NOV was sent to the property
owner.
May 15, 2015
Appeal (Attachment 8) received on May 15, 2015 requesting dismissal of the NOV and
waiver of fees. No fees had been requested or collected for any action at this time, so it was
unknown what fees they wished to have waived.
January 14, 2016
The agenda for the CBOA hearing was provided to the appellant by posting at the subject
property and had been previously mailed on 1/5/16, certified, return receipt requested. Three
notices were provided by the postal service to the property owners to obtain the certified
mailing. The mailing was unclaimed. (Attachment 9)
January 19, 2016
Code Officer Cassia Cocina. Assistant City Attorney Jon Ansolabehere, Code Enforcements
Supervisor Teresa Purrington met with Kathie Walker, Steven Walker and Matt Boutte,
attorney for the Walkers to discuss the case. No resolution was reached.
January 21, 2016
Katie Walker emailed the city requesting that a color copy of her appeal documents be
provided in the agenda. Since staff had already provided the only documents in their
possession, Ms. Walker was contacted through her attorney to provide whatever additional
documents she wished distributed and those would be provided to the CBOA and uploaded to
the website for public review. The documents were provided and distributed.
January 26, 2016
Assistant City Attorney Jon Ansolabehere and Chief Building Official Anne Schneider met
with the attorney representing the Walkers, Mr. Matt Boutte.
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Attachment 9