Resolution 12685CITY OF ALAMEDA RESOLUTION NO. 12685
DECLARING THE PROPERTY LOCATED AT 1310 PACIFIC AVENUE
A NUISANCE AND ORDERING ITS ABATEMENT
WHEREAS, the Fire Department and Public Works Department
applied for an inspection warrant with respect to property located
at 1310 Pacific Avenue in the City of Alameda, State of California,
to the Alameda Municipal Court, and said inspection warrant was
issued on April 26, 1995, and
WHEREAS, said warrant was served on Harold LeRoy Haun, the
owner of the property at 1310 Pacific Avenue, Alameda, California
on May 2, 1995, and an inspection was conducted pursuant to said
warrant; and
WHEREAS, the scope of the inspection was limited because the
amount of debris and rubble inside the premises made it
impracticable to conduct a complete investigation, and it is likely
that additional inspections will be made in order to evaluate the
condition of the premises after the removal of the debris as
hereinafter specified; and
WHEREAS, on June 8, 1995 and on June 13, 1995, a Notice and
Order, attached hereto as Exhibit A, was served on Harold LeRoy
Haun by posting a copy of said notice in a conspicuous place on the
property and mailing a copy of said notice by United States mail,
postage prepaid, certified mail, return receipt requested; and
WHEREAS, the Notice to Abate Nuisance (second notice),
attached hereto as Exhibit B, was served on Harold LeRoy Haun on
July 17, 1995 by posting a copy of said notice in a conspicuous
place on the property and mailing a copy of said notice by United
States mail, postage prepaid, certified mail, return receipt
requested; and
WHEREAS, the City Council conducted a hearing on September 5,
1995 pursuant to the Notice to Abate Nuisance (second notice), and
received and considered all oral and written evidence presented;
and
WHEREAS, based upon the evidence, the City Council finds the
following conditions exist, and that each and every condition
constitutes a nuisance:
Uniform Fire Code
(1) Section 10.304. Obstruction of exterior doors.
(2) Section 11.302. Accumulation of rubbish and debris.
(3) Section 80.314. Storage of corrosives.
(4) Section 11.303(f) (3). Outside storage of tires.
Alameda Building Code
(5) Section 203. Unsafe structures or buildings.
Alameda Plumbing Code
(6) Part 1- 10.4(d). Plumbing systems must be maintained in
proper operating condition.
California Health and Safety Code
(7) Section 179210.3(a)(11). A substandard building is one
which has inadequate sanitation, including dampness of
habitable rooms, general dilapidation or improper
maintenance.
(8) Section 17920.3(g)(2), (g)(3) and (g) (4). A substandard
building is one which has faulty weather protection,
including deteriorated or ineffective waterproofing, of
exterior walls, roof, foundations, or floors, including
broken windows or doors; defective or lack of weather
protection for exterior wall coverings, including lack of
paint or other protective covering; broken, rotted, split
or buckled exterior wall coverings or roof coverings.
(9) Section 17920.3(1). A substandard building is one which
is not provided with adequate exit facilities.
NOW, THEREFORE, be it resolved that the property located at
1310 Pacific Avenue, Alameda, California, is hereby declared a
nuisance.
BE IT FURTHER RESOLVED that Harold LeRoy Haun is hereby
ordered to abate each and every condition specified in this
Resolution within 30 days of the posting of this resolution on the
property located at 1310 Pacific Avenue, Alameda, California, by
taking the action prescribed in the Notice and Order, a copy of
which is attached hereto, incorporated herein, made a part hereof,
and marked Exhibit A.
BE IT FURTHER RESOLVED that should Harold LeRoy Haun fail to
abate the nuisances described herein within thirty (30) days of the
posting of this resolution on the property, the nuisances may be
abated by City forces or the City may engage contractors to perform
such service. The cost of such abatement shall either be a lien or
special assessment on the property as well as the personal
liability of Harold LeRoy Haun.
2
BE IT FURTHER RESOLVED the Public Works Department is hereby
ordered to post a copy of this Resolution in a conspicuous place on
the premises at 1310 Pacific Avenue, Alameda, California, and to
send a copy by United States mail, postage prepaid, certified mail,
return receipt requested.
BE IT FURTHER RESOLVED that a copy of this Resolution shall be
mailed, postage prepaid, return receipt requested to all
beneficiaries of any deeds of trust encumbering said property.
3
NOTICE AND ORDER
TO: Harold LeRoy Haun
Property Address:
1310 Pacific
Alameda, California
("the Property")
PLEASE TAKE NOTICE that the Property has been found by the
Fire Marshall of the City of Alameda to be a dangerous building
under the provisions of the Uniform Fire Code.
The conditions which render the Property in violation of the
Unifoi:il Fire Code are as follows:
a. Section 10.304. Obstruction of Exterior Doors.
Violation: Both the front door and rear door are obstructed by
large amounts of debris.
Correction required: Remove debris to clear obstruction.
b. Section 11.302. Accumulation of rubbish and debris.
violation: Large amounts of combustibles and vegetation are in
and around the house.
Correction required: Remove all combustible and vegetation to
the satisfaction of the Fire Marshall.
c. Section 80.314. Storage of corrosives.
Violation: A large amount of batteries are stored outside and
inside the building.
Correction required: Remove batteries.
d. Section 11.303(F)(3). Outside storage of tires.
Violation: A large amount of .tires are stored on property
within 10 feet of building or property line.
Correction required: Remove all times to beyond 10 feet of
building or property line and store to the satisfaction of the Fire
Marshall.
PLEASE TAKE FURTHER NOTICE that the property is in violation
EXHIBIT A
of the Alameda Building Code, the Alameda Plumbing Code, and the
State Housing Laws as follows:
a. Alameda Building Code, Section 203. Unsafe structures or
buildings.
violation: The front porch and front porch stairs are
dilapidated and unsafe, and the rear stairs are dilapidated and
unsafe.
Correction: Repair or reconstruct stairs in compliance with
Alameda Building Code.
b. Alameda Plumbing Code, Part 1-10.4(d). Plumbing systems
must be maintained in proper operating condition.
Violation: The exterior plumbing at the rear right side of the
structure is leaking and running down the side of the building.
Correction: Repair or replace the defective plumbing in
compliance with the Alameda Plumbing Code.
c. California Health and Safety Code, Section 17920.3(a)(11).
A substandard building is one which has inadequate sanitation,
including dampness of habitable rooms, general dilapidation or
improper maintenance.
Violation: Roof and exterior wall covering is dilapidated and
leak, and windows are broken.
Correction: Repair or replace roof and exterior wall coverings
in accordance with Alameda Building Code, • and replace all broken
windows.
d. California Health and Safety Code, Section 17920.3 (b)(2).
A substandard building is one which has structural hazards,
including defective or deteriorated flooring or floor supports.
Violation: Front porch and front porch stairs are dilapidated
and unsafe; rear stairs are dilapidated and unsafe.
correction: Repair or replace front porch, front porch stairs,
and rear stair in compliance with the Alameda Building Code.
e. California Health and Safety Code, Section 17920.3 (g)(2),
(g)(3), and (g)(4). A substandard building is one which has faulty
weather protection, including deteriorated or ineffective
waterproofing, of exterior walls, roof, foundations, or floors,
including broken windows or doors; defective or lack of weather
protection for exterior wall coverings, including lack of paint or
other protective covering; broken, rotted, split or bUckled
exterior wall coverings or roof coverings.
Violation: Roof and exterior wall covering is dilapidated,
broken or missing, and windows are broken; repaint property.
Correction: Repair or replace roof and exterior wall coverings
in compliance with the Alameda Building Code, and replace all
broken windows.
F. Health and Safety Code, Section 17920.3(1). A substandard
building is one which is not provided with adequate exit
facilities.
violation: Front and real entry stairs are dilapidated and
unsafe; rubble and debris in interior block adequate egress.
Correction: Repair or rebuild front and real entry stairs in
compliance with Alameda Building Code; remove all rubbish, garbage
and debris which impair egress from the premises.
PLEASE NOTE: This list of violations is not conclusive of all
violations which may exist on the property because of the amount
of debris stored in the premises.
PLEASE BE FURTHER ADVISED that you must secure any permits
necessary and abate the above-described conditions within 30 days
from the service of this Notice and Order.
A copy of the Uniform Fire Code, 1991 Edition, the Alameda
Building Code (Uniform Building Code, 1991 Ed.), and the Alameda
Plumbing Code (Uniform Plumbing Code) is on file with the City
Clerk of the City of Alameda, 2263 Santa Clara Avenue, Alameda,
California. Telephone 510.748.4544.
Dated: Moly 1995
Ten Stevens
Senior Building Inspector
510.748.4564
GP/ntc.order.
Michael Devlin
Fire Marshall
510.748.4601
DECLARATION OF POSTING AND MAILING NOTICE OF ORDER
I declare that I am employed by the City of Alameda in the
County of Alameda, State of California, and that I am over the age
of eighteen (18) years. My business address is City Hall, 2263
Santa Clara Avenue, Alameda, California 94501.
On June 8, 1995, I posted the attached NOTICE AND ORDER on the
building located at 1310 Pacific Avenue, in the City of Alameda,
State of California.
I am familiar with the practice of the City of Alameda for
collection and processing of correspondence for mailing with the
United States Postal Service. It is the practice that
correspondence is deposited with the United States Postal Service
the same day it is submitted for mailing.
I served the attached NOTICE AND ORDER by placing a true copy
thereof in a sealed envelope, using certified mail-return receipt
reauested, postage prepaid, for collection and mailing, in the
course of ordinary business practice, with other correspondence of
the City of Alameda, located at City Hall, Santa Clara at Oak
Street, Alameda CA 94501, addressed as follows:
Harold LeRoy Haun
1310 Pacific Avenue
Alameda CA 94501
I declare under penalty of perjury that the foregoing is true
and correct.
Executed at Alameda, California on June 13, 1995.
en Stevens
Senior Building Inspector
Filed with City Clerk on /2-67fi-
NOTICE AND ORDER
TO: Harold LeRoy Haun
Property Address:
1310 Pacific
Alameda, California
("the Property")
PLEASE T�• NOTICE that the Property has been found by the
Fire Marshall of the City of Alameda to be a dangerous building
under the provisions of the Uniform Fire Code.
The conditions which render the Property in violation of the
UnifoLiit Fire Code are as follows:
a. Section 10.304. Obstruction of Exterior Doors.
Violation: Both the front door and rear door are obstructed by
large amounts of debris.
Correction recuired: Remove debris to clear obstruction.
b. Section 11.302. Accumulation of rubbish and debris.
Violation: Large amounts of combustibles and vegetation are in
and around the house.
Correction required: Remove all combustible and vegetation to
the satisfaction of the Fire Marshall.
c. Section 80.314. Storage of corrosives.
Violation: A large amount of batteries are stored outside and
inside the building.
Correction required: Remove batteries.
d. Section 11.303(F)(3). Outside storage of tires.
Violation: A large amount of tires are stored on property
within 10 feet of building or property line.
Correction required: Remove all times to beyond 10 feet of
building or property line and store to the satisfaction of the Fire
Marshall.
PLEASE TAKE FURTHER NOTICE that the property is in violation
of the Alameda Building Code, the Alameda Plumbing Code, and the
State Housing Laws as follows:
a. Alameda Building Code, Section 203. Unsafe structures or
buildings.
Violation: The front porch and front porch stairs are
dilapidated and unsafe, and the rear stairs are dilapidated and
unsafe.
Correction: Repair or reconstruct stairs in compliance with
Alameda Building Code.
b. Alameda Plumbing Code, Part 1-10.4(d). Plumbing systems
must be maintained in proper operating condition.
Violation: The exterior plumbing at the rear right side of the
structure is leaking and running down the side of the building.
Correction: Repair or replace the defective plumbing in
compliance with the Alameda plumbing Code.
c. California Health and Safety Code, Section 17920.3(a)(11).
A substandard building is one which• has inadecuate sanitation,
including dampness of habitable rooms, general dilapidation or
improper maintenance.
Violation: Roof and exterior wall covering is dilapidated and
leak, and windows are broken.
Correction: Repair or replace roof and exterior wall coverings
in accordance with Alameda Building Code,. and replace all broken
windows.
d. California Health and Safety Code, Section 17920.3 (b)(2).
A substandard building is one which has structural hazards,
including defective or deteriorated flooring or floor supports.
Violation: Front porch and front porch stairs are dilapidated
and unsafe; rear stairs are dilapidated and unsafe.
Correction: Repair or replace front porch, front porch stairs,
and rear stair in compliance with the Alameda Building Code.
e. California Health and Safety Code, Section 17920.3 (g)(2),
(g) (3), and (g) (4). A substandard building is one which has faulty
weather protection, including deteriorated or ineffective
waterproofing, of exterior walls, roof, foundations, or floors,
including broken windows or doors; defective or lack of weather
protection for exterior wall coverings, including lack of paint or
other protective covering; broken, rotted, split or buckled
exterior wall coverings or roof coverings.
Violation: Roof and exterior wall covering is dilapidated,
broken or missing, and windows are broken; repaint property.
Correction: Repair or replace roof and exterior wall coverings
in compliance with the Alameda Building Code, and replace all
broken windows.
F. Health and Safety Code, Section 17920.3(1). A substandard
building is one which is not provided with adequate exit
facilities.
Violation: Front and real entry stairs are dilapidated and
unsafe; rubble and debris in interior block adequate egress.
Correction: Repair or rebuild front and real entry stairs in
compliance with Alameda Building Code; remove all rubbish, garbage
and debris which impair egress from the premises.
PLEASE NOTE: This list of violations is not conclusive of all
violations which may exist on the property because of the amount
cf debris stored in the premises.
PLEASE BE FURTHER ADVISED that you must secure any permits
necessary and abate the above-described conditions within 30 days
from the service of this Notice and Order.
A copy of the Uniform Fire Code, 1991 Edition, the Alameda
Building Code (Uniform Building Code, 1991 Ed.), and the Alameda
Plumbing Code (Unifoilii Plumbing Code) is on file with the City
Clerk of the City of Alameda, 2263 Santa Clara Avenue, Alameda,
California. Telephone 510.748.4544.
Dated: June /3 , 1995
Ken Stevens
Senior Building Inspector
510.748.4564
GP/ntc.order.
4-e.66414‘'
Michael Devlin
Fire Marshall
510.748.4601
The owner of the building situated at 1310 Pacific, City of
Alameda, County of Alameda, State of California is hereby notified
to appear before the City Council of the City of Alameda at its
meeting to be held on August 1, 1995, at 7:30 p.m., or as soon
thereafter as the matter can be heard, at the Alameda High School
Little Theater, 2200 Central Avenue, West Wing, Alameda,
California, and show cause, if any he has, why said building should
not be condemned as.a public nuisance and said nuisance be abated
by reconstructing or properly repairing said building or by razing
or removing same.
Dated:=A (,) 47— /c193.
Alameda Fire Department
•
Mike Devlin
Fire Marshall
MVrileJIM
EXHBIT B
Public Wjs Department-7
/ /
Sieve Davis
Chief Building Inspector
DECLARATION OF MAILING AND POSTING OF NOTICE TO ABATE NUISANCE
I declare that I am employed by the City of Alameda in the
County of Alameda, State of California, and that I am over the age
of eighteen (18) years. My business address is City Hall, 2263
Santa Clara Avenue, Alameda, California 94501.
On --a; /7 1`7(7c.
1995, I posted the attached NOTICE TO
ABATE NUISANCE on the building located at 1310 Pacific Avenue, in
the City of Alameda, State of California.
I am familiar with the practice of the City of Alameda for
collection and processing of correspondence for mailing with the
United States Postal Service. It is the practice that
correspondence is deposited with the United States Postal Service
the same day it is submitted for mailing.
I served the attached NOTICE TO ABATE NUISANCE by placing a
true copy thereof in a sealed envelope, using certified mail-return
receipt requested, postage prepaid, for collection and mailing, in
the course of ordinary business practice, with other correspondence
of the City of Alameda, located at City Hall, Santa Clara at Oak
Street, Alameda CA 94501, addressed as follows:
Harold LeRoy Haun
1310 Pacific Avenue
Alameda CA 94501
I declare under penalty of perjury that the foregoing is true
and correct.
Executed at Alameda, California on :Tc..e(), rqqs- 1995.
/7
Filed with City Clerk on
ALI 7 1995
City Clerk's Office
ame (typed) :Kenneth W. Stevens
Title: Building Inspection Supervisor
tq .
I, the undersigned, hereby certify that the foregoing Resolution
was duly and regularly adopted and passed by the Council of the
City of Alameda in regular meeting assembled on the 5th day of
September , 1995, by the following vote to wit:
AYES: Councilmembers Arnerich, DeWitt, Lucas,
Mannix and President Appezzato - 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this 6th day of September , 1995.
Wr
Diane B. Felsch, City Clerk
City of Alameda