CITY OF DANA POINT
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CITY OF DANA POINT AGENDA REPORT
Item #19 Reviewed By: DH X CM X CA X
DATE:
JUNE 19, 2012
TO:
CITY MANAGER/CITY COUNCIL
FROM:
KYLE BUTTERWICK, DIRECTOR OF COMMUNITY DEVELOPMENT MARK I. SUTTON, BUILDING OFFICIAL
SUBJECT: APPEAL BY MARIANNE STAHL OF THE DECISION OF THE BUILDING OFFICIAL DATED FEBRUARY 29, 2012
RECOMMENDED ACTION: That the City Council delegate its authority to conduct a hearing on the appeal filed by Marianne Stahl to an independent hearing officer. BACKGROUND/DISCUSSION: On February 29, 2012, City Staff was notified by the Orange County Sherriff’s Department that possible Fire Life Safety issues existed at 34447 Camino El Molino (the “Property”). The Property is a single family dwelling owned by Marianne Stahl. Staff subsequently conducted an inspection and confirmed that there were, in fact, numerous substandard, unsafe, and dangerous conditions at the Property. Accordingly, the Building Official: (a) declared the Property Substandard, Dangerous and a Public Nuisance; (b) ordered the immediate revocation of the certificate of occupancy; and (c) ordered the disconnection of the electrical and gas utilities. (See Supporting Document A). On March 14, 2012, Ms. Stahl filed an appeal of the Building Official’s decisions with the City Clerk. (See Supporting Document C). On March 28, 2012, City Staff provided Ms. Stahl with a detailed report which described each of the 66 specific code violations discovered at the Property and the corresponding actions that needed to be taken in order to bring the Property into compliance with applicable state and city codes. The report also provided that corrective action must be commenced on or before May 1, 2012 and must be completed on or before July 1, 2012. (See Supporting Document B). On April 24, 2012, the City Manager, Assistant City Manager, Director of Community Development, Assistant City Attorney and representatives from Police Services met with Marianne Stahl and her representative Val Bureau to discuss the March 14 appeal. The
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parties ultimately agreed that the City would assist Ms. Stahl through its permitting process and, in particular, would make staff available to meet with her contractors and discuss the specific corrective actions required to remedy the substandard conditions at her Property. To date, Ms. Stahl has made some progress in cleaning up her Property. However, the major code violations (which largely formed the basis of the Building Official’s decisions) still exist at her Property and have not been corrected. In order to ensure a fair and unbiased hearing process, Staff is recommending that the City Council delegate its authority to conduct a hearing on the appeal to an independent hearing officer. Notably, this delegation of authority is specifically permitted by section 601.1 of the 1997 Uniform Code for the Abatement of Dangerous Buildings. (Id. [allowing the Council, as the Board of Appeals, to appoint one or more hearing examiners to conduct the hearing on the appeal].)
ALTERNATIVE ACTIONS: As determined by City Council/Appeals Board.
SUPPORTING DOCUMENTS:
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A. Special Incident Report dated February 29, 2012 ....................................................3 B. Notice of Substandard and Dangerous Building Dated March 28, 2012 ...............12 C. Appeal Hearing Request Dated March 14, 2012 ...................................................24
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SUPPORTING DOCUMENT A
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SUPPORTING DOCUMENT B
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SUPPORTING DOCUMENT C
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Page 1
CITY OF DANA POINT AGENDA REPORT
Item #19 Reviewed By: DH X CM X CA X
DATE:
JUNE 19, 2012
TO:
CITY MANAGER/CITY COUNCIL
FROM:
KYLE BUTTERWICK, DIRECTOR OF COMMUNITY DEVELOPMENT MARK I. SUTTON, BUILDING OFFICIAL
SUBJECT: APPEAL BY MARIANNE STAHL OF THE DECISION OF THE BUILDING OFFICIAL DATED FEBRUARY 29, 2012
RECOMMENDED ACTION: That the City Council delegate its authority to conduct a hearing on the appeal filed by Marianne Stahl to an independent hearing officer. BACKGROUND/DISCUSSION: On February 29, 2012, City Staff was notified by the Orange County Sherriff’s Department that possible Fire Life Safety issues existed at 34447 Camino El Molino (the “Property”). The Property is a single family dwelling owned by Marianne Stahl. Staff subsequently conducted an inspection and confirmed that there were, in fact, numerous substandard, unsafe, and dangerous conditions at the Property. Accordingly, the Building Official: (a) declared the Property Substandard, Dangerous and a Public Nuisance; (b) ordered the immediate revocation of the certificate of occupancy; and (c) ordered the disconnection of the electrical and gas utilities. (See Supporting Document A). On March 14, 2012, Ms. Stahl filed an appeal of the Building Official’s decisions with the City Clerk. (See Supporting Document C). On March 28, 2012, City Staff provided Ms. Stahl with a detailed report which described each of the 66 specific code violations discovered at the Property and the corresponding actions that needed to be taken in order to bring the Property into compliance with applicable state and city codes. The report also provided that corrective action must be commenced on or before May 1, 2012 and must be completed on or before July 1, 2012. (See Supporting Document B). On April 24, 2012, the City Manager, Assistant City Manager, Director of Community Development, Assistant City Attorney and representatives from Police Services met with Marianne Stahl and her representative Val Bureau to discuss the March 14 appeal. The
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parties ultimately agreed that the City would assist Ms. Stahl through its permitting process and, in particular, would make staff available to meet with her contractors and discuss the specific corrective actions required to remedy the substandard conditions at her Property. To date, Ms. Stahl has made some progress in cleaning up her Property. However, the major code violations (which largely formed the basis of the Building Official’s decisions) still exist at her Property and have not been corrected. In order to ensure a fair and unbiased hearing process, Staff is recommending that the City Council delegate its authority to conduct a hearing on the appeal to an independent hearing officer. Notably, this delegation of authority is specifically permitted by section 601.1 of the 1997 Uniform Code for the Abatement of Dangerous Buildings. (Id. [allowing the Council, as the Board of Appeals, to appoint one or more hearing examiners to conduct the hearing on the appeal].)
ALTERNATIVE ACTIONS: As determined by City Council/Appeals Board.
SUPPORTING DOCUMENTS:
Page No.
A. Special Incident Report dated February 29, 2012 ....................................................3 B. Notice of Substandard and Dangerous Building Dated March 28, 2012 ...............12 C. Appeal Hearing Request Dated March 14, 2012 ...................................................24
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SUPPORTING DOCUMENT A
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SUPPORTING DOCUMENT B
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SUPPORTING DOCUMENT C
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