Resolution 13035CITY OF ALAMEDA RESOLUTION NO. 13035
DECLARING THE PROPERTY LOCATED AT 1502 GRAND STREET A
PUBLIC NUISANCE AND ORDERING ITS ABATEMENT
WHEREAS, the Building Services Division of the Public Works Department
applied for an inspection warrant with respect to property located at 1502 Grand Street in the
City of Alameda, California on March 31, 1998. Said inspection warrant was issued on April 6,
1998; and
WHEREAS, said warrant was posted on the property on April 14, 1998 and the
inspection was conducted on April 16, 1998 pursuant to said warrant; and
WHEREAS, a Return on Inspection Warrant was filed on April 22, 1998 with the
Alameda Municipal Court, a copy of which is attached hereto as Exhibit A; and
WHEREAS, on June 4, 1998, a Notice and Order, executed both by the Building
Services Division of the Public Works Department and by the Planning Department, attached
hereto as Exhibit B, was posted in a conspicuous place on the property at 1502 Grand Street, and
on June 5, 1998, said Notice and Order was mailed, certified mail, return receipt requested, to
Tom Tolmack, owner of the property. Said Notice and Order was returned with a forwarding
address, and on June 12, 1998, the Notice and Order was again mailed, certified mail, to Mr.
Tolmack; and
WHEREAS, the property owner, Tom Tolmack, did not appeal the Notice and
Order within ten days and that failure to appeal constitutes an admission that the statement and
findings in the Notice and Order are true; and
WHEREAS, Building Permit B94 -0132 and the approved plan, attached hereto as
Exhibit C, reflect the fact that the subject space was approved as a laundry room and not as a
dwelling unit; and
WHEREAS, a Notice of Hearing to Consider Declaration of Public Nuisance,
attached hereto as Exhibit D, was served on Tom Tolmack on July 31, 1998 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 by regular United States
mail, to Mr. Tolmack at the new address provided by the United States Post Office: 1927 Harbor
Blvd. #392, Costa Mesa, CA 92626 -7600; and
WHEREAS, the City Council conducted a hearing on August 18, 1998 pursuant
to the Notice of Hearing to Consider Declaration of Public Nuisance 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:
1. AMC section 13 -1 (UBC sections 106, 109.2, 310, 3405); AMC section
13- 3.2(ww)(NEC section 1001); and AMC section 13 -4 (UPC section 103.1. The basement
storage area was converted to habitable living space without the required building, electrical and
plumbing peimits and without obtaining a certificate of occupancy for a change in use from the
Building Official; the building has been converted from a 4 -unit building to a 5 -unit apartment
(R -1) without complying with the fire and life safety requirements of section 310 ofthe UBC.
2. Alameda City Charter section 26 -1; AMC section 30 -52. The City Charter
prohibits the construction of multiple dwelling units in the City of Alameda. The AMC prohibits
the alteration of an existing building to create a new multiple dwelling unit. A dwelling unit has
been constructed that violates the prohibition on new multiple dwelling units.
3. Alameda City Charter section 26 -3; AMC section 30- 4.5.d.1. The City
Charter prohibits the density of residential development to exceed one housing unit for every
2,000 square feet of lot area 'A dwelling unit has been constructed that violates the minimum lot
area requirements of the zoning ordinance.
NOW, THEREFORE, BE IT RESOLVED that the property located at 1502
Grand Street, Alameda, California, is hereby declared a nuisance.
BE IT` FURTHER RESOLVED that the Building Services Division ofthe Public
Works Department is hereby ordered to post a copy of this Resolution in a conspicuous place on
the premises at 1502 Grand Street, Alameda, California, and to send a copy by United States
mail, postage prepaid,` certified mail, return receipt requested to owner Tom Tolmack.
BE IT FURTHER RESOLVED that Tom Tolmack 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 1502 Grand Street, 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 said abatement shall consist of restoring the
basement area to a laundry room, V2 bath and unimproved basement area as shown on the City
approved plans for Building Permit B94 -0132, including but not limited to:
2
Converting kitchen area to a laundry area by removing the stove and base cabinets
adjacent to sink, constructing a 1 -hour fire rated wall as shown on the plans for
Building Permit B94 -0132, installing a fire rated door between the laundry room
and the balance of the basement area.
Converting the bathroom to a 1/2 bath by removing all bathing facilities /shower
and permanently capping the water supply and drain pipes serving the bathing
facilities /shower.
Converting the balance of the basement area (living room & bedrooms) to
"unimproved" basement area by removing all wall and ceiling finishes including
all plaster and /or sheetrock and disconnecting and removing all electrical wiring,
receptacles and light fixtures in this area, which were not installed pursuant to a
required building permit.
BE IT FURTHER RESOLVED that should Tom Tolmack 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 hen or special assessment on
the property as well as the personal liability of Tom Tolmack.
BE IT FURTHER RESOLVED that the City Attorney is directed to request the
Municipal Court of the County of Alameda to issue its Abatement Warrant to allow the City to
abate the conditions on the property constituting a public nuisance as set forth in this resolution.
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
1 CAROL A. KORADE, City Attorney
State Bar No. 82133
2 TERESA L. HIGHSMITH, Assistant City Attorney
State Bar No. 155262 98 T; ., !':'110:
3 GORDON C. PHILLIPS, Special Counsel
State BarNo.28188
4 CITY OF ALAMEDA
2263 Santa Clara Avenue - Room 280
5 Alameda, CA 94501
Telephone: (510) 748 -4544
6
Attorneys for Applicant
7 CITY OF ALAMEDA
1
8
9 IN THE MUNICIPAL COURT OF THE STATE OF CALIFORNIA
10 COUNTY OF ALA1tiEDA, ALAItiEDA JUDICIAL DISTRICT
11
12 IN THE MATTER OF: )
TOM TOLMACK )
13 ) RETURN ON INSPECTION WARRANT
APPLICATION OF CITY OF ALAMEDA )
14 FOR INSPECTION WARRANT FOR )
1502 GRAND STREET, ALAMEDA, )
15 CALIFORNIA
)
16 )
17 I, the undersigned; make this Return to the within Inspection Warrant. On the 7th
18 day of April, 1998, I received said Warrant. Under its authority, I diligently inspected the below
19 listed premises on the 16th day of April, 1998, and there I discovered the matters described below:
20 . Premises searched: 1502 Grand Street, Alameda, California
21 Matters discovered:
No.
22 1. Alameda Municipal Code (AMC) 13 -1 (Uniform Building Code section 106
23 Permits, UBC section 3405 Changes in Use, UBC 109.2 (Change in Use). A fifth dwelling unit has
24 been created in a building listed in the business records of the City of Alameda as a four -unit
Sos et 25 residence. The basement storage area has been converted to a dwelling unit without benefit of
» Cn7 Aponte,
ty iba 26 permits.
3 Sion Clan Ara.
anria.Cz 94501 27 2. AMC 13-3.2ww (NEC 1000.1 Unlawful to Do Work Without Permit) and
(S10) 74S -4544
MI) 7444491 28 AMC 13-4 (UPC 103.1 Permits). Electrical and plumbing work have been performed to convert
9 \CODE —ENF \GRAND \1502 \RETURN.WAR 1
EXHIBIT A
2
3
4.
5
6
7
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Office at 25
t1. City A
atylbu 26
2263 Sra Clara An
1111.— - a. 94501 27
T. ) 74S -4544
to 1) 74d441 28
a storage area to a dwelling unit.
3. AMC 30 -4.5d Minimum Height, Bulk, and Space Requirements.
An
additional dwelling unit has been constructed in violation of the lot area and open space
requirements of the Zoning regulations.
4. AMC 30 -5.12 Open Space. Additional habitable living space has been
developed in violation of the open space requirements of the Zoning regulations.
5. AMC 30 -7.6 Off Street Parking Space. An additional dwelling unit has been
constructed in violation of the off-street parking regulations of the Zoning regulations.
I, the Officer by whom this Inspection Warrant was executed, do swear that the
above inventory contains a true and detailed account of all matters discovered by me on the.
Warrant.
DATED: r &% 1998
Respectfully submitted,
Kenneth W. Stevens
Senior Combination Inspector
9 \CODE —ENF \GRAND \1502 \RETURN.WAR 2
82111 1D ;/ 11 :1#9
Recording Requested By:
City Attorney
City of Alameda
2263 Santa Clara Avenue #280
Alameda, CA 94501
When Recorded Return To:
City Attorney
City of Alameda
2263 Santa Clara Avenue - #280
Alameda, CA 94501
P of Document Retied
Has rKst oo .ter; �; r % th Original..
ALAMEDA COUNTY 'RECORDER
TO:
PROPERTY ADDRESS:
TFGAL DESCRIPTION:
NOTICE AND ORDER
(INDEX AS NOTICE OF VIOLATION)
Tom Tolmack, Owner
P. O. Box 281707
San Francisco CA 94128
1502 Grand Street, Alameda, California 94501
( "the Property ")
Exhibit A (Attached)
PLEASE TAKE NOTICE that the Property commonly known as 1502 Grand Street,
Alameda, County of Alameda, State of California, is in violation of the following provisions of the
Alameda Municipal Code, California Code of Regulations, or State Law: (Abbreviations used herein:
Uniform Building Code ( "UBC "); National Electric Code ( "NEC "); Uniform Plumbing Code
( "UPC ");
1. AMC section 13 -1 (LTBC sections 106, 109.2, 310, 3405); AMC section 13-
3.2(ww)iNEC section 1001); and AMC section 13-4 (UPC section 103.1. The basement storage area
was converted to habitable living space without the required building, electrical and plumbing permits
and without obtaining a certificate of occupancy for a change in use from the Building Official; the
9: CODE -ENF \GRAND \1502 \NOT -ORD
06/01/98
1
EXHIBIT B
building has been converted from a 4-unit building to a 5-unit apartment (R-1) without complying
with the fire and life safety requirements of section 310 of the UBC.
Correction: Immediately vacate the illegal basement living space, bring the property
into compliance with the Alameda Building Code by obtaining all required demolition, building,
electrical and plumbing permits as well as all required inspections to remove all illegal construction
and covert the space back to storage space in accordance with the Alameda Municipal Code.
2. Alameda City Charter section 26-1; AMC section 30-52. The City Charter
prohibits the construction of multiple dwelling units in the City of Alameda. The AMC prohibits the
alteration of an existing building to create a new multiple dwelling unit. A dwelling unit has been
constructed that violates the prohibition on new multiple dwelling units.
Correction: Immediately vacate the illegal basement living space, bring the property
into compliance with the Alameda Building Code by obtaining all required demolition, building,
electrical and plumbing permits as well as all required inspections to remove all illegal construction
and covert the space back to storage space in accordance with the Alameda Municipal Code.
3. Alameda City Charter section 26-3; AMC section 30-4.5.d.1. The City
Charter prohibits the density of residential development to exceed one housing unit for every 2,000
square feet of lot area. A dwelling unit has been constructed that exceeds the maximum allowed
residential density.
Correction: Immediately vacate the illegal basement living space, bring the property
into compliance with the Alameda Building Code by obtaining all required demolition, building,
electrical and plumbing permits as well as all required inspections to remove all illegal construction
and covert the space back to storage space in accordance with the Alameda Municipal Code.
PLEASE TAKE FURTHER NOTICE that you are required to correct or abate the
conditions stated herein within thirty (30) days of the service of this Notice and Order upon you.
PLEASE TAKE FURTHER NOTICE that you may appeal the determination of the
Building Official by filing a written notice of appeal with the City Clerk of the City of Alameda, 2263
Santa Clara Avenue, Alameda, California 94501, Room 380, within (10) days of the service of this
Notice and Order upon you. The written notice of appeal shall state: (a) the Property address, (b)
the grounds for the appeal, and (c) the material facts which support the appeal.
Failure to appeal the Notice and Order shall constitute an admission that the statement
and findings in the Notice and Order are true.
PLEASE TAKE FURTHER NOTICE that, you may be denied certain state income
tax benefits pursuant to Revenue and Taxation Code, sections 17274 and 24436.5. These benefits
may be the loss of deductions for interest, taxes, depreciation or amortization.
9:CODE-ENF\GRAND\1502\NOT-ORD
06/01/98 2
PLEASE TAKE FURTHER NOTICE that should you fail to abate the conditions
specified in this Notice and Order within thirty (30) days of the service of this Notice and Order upon
you, the Building Official may elect to repair or demolish the Property. In choosing whether to repair
or demolish, the Building Official shall be guided by the provisions of Health and Safety Code section
17980.
PLEASE TAKE FURTHER NOTICE that any mortgagee or beneficiary under a deed
of trust shall have an additional fifteen (15) days from the expiration of the aforementioned thirty (30)
day period within which to comply with this Notice and Order.
In the event the Building Official demolishes the Property, the cost of demolition will
be either a lien on your property or an assessment collectible at the same time and in the same manner
as your property taxes.
DATED:
CITY OF ALAMEDA
Steven W. Davis
Building Official
DATED: -J(..CW 4 , 1998. Colette Meunier, Planning Director
By:
Hanson Hain
Planning Manager
9: CODE-ENF \ GRAND \ 1502 \ NOT-ORD
06/01/98
EXHIBIT A
Beginning at the point of intersection of the Eastern line of Grand Street with the Northern line of
Santa Clara Avenue; running thence Easterly along said line of Santa Clara Avenue 100 feet; thence
at right angle Northerly 50 feet; thence at a right angle Westerly 100 feet to the Eastern line of Grand
Street; and thence Southerly along the last mentioned line, 50 feet to the point of beginning.
Being the Southerly 50 feet of Lots 8, 9 and 10, as said Lots are shown on the Map entitled
"Subdivision ofFasking's Park, Alameda", filed October 29, 1879 in Book 2 of Maps, Page 5, in the
Office of the County Recorder of said Alameda County.
APN: 072-0300-014
9:CODE-ENF\GRAND\1502\NOT-ORD
06/01/98 4
STATE OF CALIFORNIA )
) ss.
County of Alameda )
On June 4, 1998 , before me, Lynette Louise Mladinich, a notary public, personally appeared
Steven W. Davis, Building Official of the City of Alameda, personally known to me to be the person
whose name is subscribed to the within instrument and acknowledged to me that he executed the
same in his authorized capacity, and that by his signature on the instrument the person, or the entity
upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
9: CODE -ENF \GRAND \1502 \NOT -ORD
06/01/9855
STATE OF CALIFORNIA )
) ss.
County of Alameda )
On June 4, 1998 , 1998, before me, Lynette Louise Mladinich, a notary public, personally
appeared Hanson Hom, Planning Manager of the City of Alameda, personally known to me to be the
person whose name is subscribed to the within instrument and acknowledged to me that he executed
the same in his authorized capacity, and that by his signature on the instrument the person, or the
entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
9: CODE -ENF \GRAND \1502 \NOT -ORD
06/01/98 6
DECLARATION OF POSTING NOTICE AND 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 7rc ' 7 , 1998, I posted the attached NOTICE AND ORDER on the building
located at 1502 Grand Street in the City of Alameda, State of California.
I declare under penalty of perjury that the foregoing is true and correct.
Executed at Alameda, California on .)CND U
7 , 1998..
Name (typed): Kenneth W. Stevens
Title: Senior Combination Inspector
9: CODE -ENF \GRAND \1502 \NOT -ORD
06/01/98.
DECLARATION OF MAILING OF NOTICE AND 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.
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.
On Juju, , 5_ , 1998, I served the attached NOTICE AND ORDER by
placing a true copy thereof in a sealed envelope, using first class, certified U. S. Mail, postage
prepaid, return receipt requested, for collection and mailing, in the course of ordinary business
practice, with other correspondence of the City of Alameda, located at City Hall, 2263 Santa Clara
Avenue, Alameda CA 94501, addressed as follows:
Mr. Tom Tolmack
P. 0. Box 281707
San Francisco CA 94128 -1707
I declare under penalty of perjury that the foregoing is true and correct.
Executed at
ame (typed): Priscilla Busch
Title: Senior Typist Clerk
9: CODE -ENF \GRAND \1502 \NOT -ORD
06/01/98
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HEARING: AUGUST 18, 1998 AT 7:30 P.M.
1502 GRAND STREET
DECLARATION OF POSTING NOTICE OF HEARING TO CONSIDER
DECLARATION OF PUBLIC 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 ;j744, 3 i , 1998 I posted the attached NOTICE OF HEARING TO
CONSIDER DECLARATION OF PUBLIC NUISANCE on the building located at 1502 Grand
Street in the City of Alameda, State of California.
I declare under penalty of perjury that the foregoing is true and correct.
Executed at Alameda, California on t1 u ` , i , 1998.
ame: Kenneth W. Stevens
Title: Combination Inspector
EXHIBIT D
DECLARATION OF MAILING NOTICE OF HEARING TO CONSIDER
DECLARATION OF PUBLIC 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.
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.
On jtd/ti J1 _ , 1998, I served the attached NOTICE OF HEARING TO
CONSIDER DECLARAION OF PUBLIC NUISANCE by placing a true copy thereof in a
sealed envelope, postage prepaid, certified mail, return receipt requested, by 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:
Tom Tolmack
1927 Harbor Blvd. #392
Costa Mesa CA 92626 -7600
In addition, on .I,t 51 1998, I served the attached NOTICE OF
HEARING TO CONSIDER DECLARATION OF PUBLIC NUISANCE by placing a true copy
thereof in a sealed envelope, postage prepaid, regular mail, by 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:
Tom Tolmack
1927 Harbor Blvd. #392
Costa Mesa CA 92626 -7600
I declare under penalty of perjury that the foregoing is true and correct.
Executed at Alameda, California on Jc4-Ct 3 r , 1998.
4/.4.JrC,fit:' L.--, ,1"--)
Name: pK_rSe rte. -f t 1 SC(-1
Title: 50-110 K... -r f 15T LLe K-K-
DECLARATION OF MAILING NOTICE OF HEARING TO CONSIDER
DECLARATION OF PUBLIC 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.
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.
On Lt, 1 , 1998, I served the attached NOTICE OF HEARING TO
CONSIDER DECLARATION OF PUBLIC NUISANCE by placing a true copy thereof in a
sealed envelope, postage prepaid, certified mail, return receipt requested, by 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:
Tom Tolmack
1927 Harbor Blvd. #392
Costa Mesa CA 92626 -7600
In addition, on .Au11 31 1998, I served the attached NOTICE OF
HEARING TO CONSIDER DECL�TION OF PUBLIC NUISANCE by placing a true copy
thereof in a sealed envelope, postage prepaid, regular mail, by 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:
Tom Tolmack
1927 Harbor Blvd. #392
Costa Mesa CA 92626 -7600
I declare under penalty of perjury that the foregoing is true and correct.
Executed at Alameda, California on lit) 3 i 1 , 1998.
J
Name: ?f c S(' (t-' -H 64.( se pt.
Title: 50J1012-- 1'(i t' >T C?Lc ( -
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 18th day of August , 1998, by the following vote to wit:
AYES: Councilmembers Daysog, DeWitt, Kerr, Lucas
and President Appezzato - 5.
NOES: None.
AB SENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City
this 19th day of August , 1998.
Alf
Di e Felsch, City Clerk
City of Alameda