HomeMy WebLinkAbout2015-07 CC Reso - Ordering Public Works to Abate (Palace Hotel) Superseding 2015-05 Recorded at request of:
City of Ukiah
When recorded, return to:
City of Ukiah
Ukiah Civic Center
300 Seminary Avenue
Ukiah, CA 95482
RESOLUTION NO. 2015- 07
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH
ORDERING AND DIRECTING THE UKIAH DEPARTMENT OF PUBLIC
WORKS TO ABATE THE PUBLIC NUISANCE LOCATED AT 272
NORTH STATE STREET (PALACE HOTEL) BY REPAIR OR REMOVAL
AFTER THIRTY(30)DAYS
WHEREAS:
1. On December 21, 2011, the City Council adopted Resolution No. 2011-
55, declaring the property located at 272 North State Street in the City of
Ukiah and also known as Mendocino County Assessor's Parcel Number
002-224-13 and the dilapidated hotel building located thereon ("the
Property") a public nuisance and its intent to abate the public nuisance by
repair or demolition ("Resolution of Intent"); and
2. The Notice of Hearing required by Ukiah City Code Section 3303, and a
certified copy of the Resolution of Intent was posted on the Property and
served on the Property owner at the address as shown on the last
equalized Mendocino County assessment role in accordance with Ukiah
City Code Section 3305; and
3. On February 15, 2012, the City Council opened a public hearing in
accordance with Ukiah City Code Section 3306, and considered all
objections or protests, and the testimony from owners, witnesses and
interested parties addressing the proposed removal or repair of the
Property; and
4. After hearing from Eladia Laines and her contractor Norm Hudson, the
City Council continued the public hearing to March 21, 2012, to give Ms.
Laines an opportunity to propose a plan for the abatement of the nuisance
conditions on the Property. At the hearing on March 21 the staff reported
that Ms. Laines had submitted three emails discussing how she intended
to rehabilitate the hotel. Staff stated that the proposals fell short, in staff's
opinion, of presenting a viable plan for the rehabilitation of the hotel and
explained the process for appointing a receiver to undertake
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abatement of nuisance conditions on the property. The Council voted to
continue the hearing to April 18, 2012, and appointed an ad hoc
committee to meet with Ms. Laines where she was expected to clarify title
to the Property and to provide information about stabilizing the roof and
removing debris from inside the hotel. At the April 18, 2012, meeting Ms.
Laines provided a letter from a title company confirming that it was
reviewing documents to clear title and that she had contacted the
Mendocino County Air Quality Management District ("Air Quality District")
for a list of asbestos consultants who would need to assist in obtaining a
demolition permit to remove debris from inside the building. The public
hearing was continued to May 16, 2012 at which time the ad hoc
committee reported on and Ms. Laines described her progress in abating
nuisance conditions on the Property. After hearing from the ad hoc
committee and Ms. Laines, the City Council continued the public hearing
to June 20, 2012, to hear a report from the ad hoc committee and Ms.
Laines on progress in abating the nuisance conditions at the hotel. For
the next 22 months the City Council heard monthly reports from the ad
hoc committee and Ms. Laines on her progress in abating nuisance
conditions at the hotel. During that time Ms. Laines appeared to be
making progress toward abating the nuisance conditions. She obtained
an encroachment permit to place scaffolding within the public right of way
to remove ivy from the Smith Street side of the building and the ivy was
removed. However, by July 18, 2012, she had not obtained a demolition
permit for removal of debris from inside the building, because she had not
gotten an asbestos clearance from the Air Quality District. By December
19, 2012, Ms. Laines had not received a demolition permit. During
this time Ms. Laines did report that plastic sheeting had been placed on
the roof and window openings to reduce water infiltration during the
winter. Subsequently, a demolition permit was issued and some debris
was removed from the building, but at the City Council meeting on June
19, 2013, staff reported that the Air Quality District observed a possible
violation of its Asbestos notification and Release approval, when one of
its inspectors discovered workers sorting through piles of debris without a
required Certified Site Surveillance Technician on site. The Air Quality
District issued a Notice to Comply. At the July 17, 2013, City Council
meeting, staff reported that debris removal has been slow and methodical
and in apparent compliance with the Air Quality District asbestos
demolition/renovation clearance. Debris removal was to take place in
three phases. At the August 21, 2013, City Council meeting, staff reported
that Phase I had been completed and Ms. Laines was discussing Phase II
with the Air Quality District. At the October 16, 2013, City Council meeting
staff reported that debris removal had far exceeded the work approved for
Phase I and the scope of the approved demolition permit. The contractor
was directed to receive the necessary clearance from the Air Quality
District and an additional demolition permit from the City before
performing additional work. The City's building official also reiterated his
strong concern about immediately repairing the roof. At the December 18,
2013, City Council meeting, staff reported that the Air Quality District had
approved a Phase II debris removal plan and on December 10, 2013, the
Building Official issued a demolition permit for Phase II debris removal. At
the January 14, 2014, City Council meeting, staff reported that they were
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alerted on December 27, 2013, that Air Quality district inspector had observed
uncertified workers performing asbestos removal in violation of the District-
approved Revised Asbestos Removal Plan for Phase II. At its February 19,
2014, meeting the City Council was informed that Cal OSHA had red-tagged the
Property to prevent any workers from entering the building based on Cal
OSHA testing which detected asbestos at unsafe levels. A further report on
obtaining Cal OSHA approval to continue asbestos removal and abatement was
made to the City Council on March 14, 2014. On April 16, 2014, the City Council
considered a resolution ordering the Public Works Director to abate the nuisance
conditions on the property not sooner than thirty (30) days from the adoption of
the resolution. The City Council also considered entering a retainer agreement
with Cota Cole to represent the City in a proceeding under Health and Safety
Code Section 17980.7 to appoint a receiver to abate the nuisance conditions
on the property. After hearing from Ms. Laines and her contractor, Norm
Hudson, the City Council agreed to continue the hearing until June 4, 2014, to
give Ms. Laines time to obtain a termination of a Cal OSHA cease and desist
order, barring workers from the building due the presence of asbestos. On
June 4, the Council learned that Ms. Laines has not obtained a termination of
the Cal OSHA cease and desist order. The Council directed staff to propose a
Compliance Schedule for the abatement of the nuisance conditions at the
Palace Hotel. Staff returned with a proposed compliance schedule at the June
18, 2014, City Council meeting. After hearing from the contractor, Norm
Hudson, the Council directed staff to consult with Mr. Hudson on revisions to the
Compliance Schedule and return to the City Council at its August 6, 2014,
meeting with a revised schedule. Staff consulted with Mr. Hudson, but he did not
recommend any changes to the proposed schedule. However, the dates for
complying with the first two milestones on the schedule had already passed
by August 6. At that meeting the City Council approved the Compliance
Schedule, attached hereto as Exhibit B, and continued the hearing to
September 3, 2014, to determine, if Ms. Laines had complied with the first three
milestones on the schedule, which are:
Milestone Deadline Evidence of
Compliance
Secure hotel structure August 20, 2014 Inspection by Building
from unauthorized Official
Enter a written contract August 27, 2014 Planning Director's
("Contract") with receipt of copy of fully
Bluewater executed Contract and
Environmental Services documents from the
to perform a work plan bank showing that (1)
approved by Cal OSHA the escrow account is
and MCAQMD to abate opened, including the
asbestos contamination account number
in the hotel and open (2) the balance in the
escrow account with a account and (3) the
federally or state funds in the account
chartered bank with may only bewithdrawn
sufficient funds to pay to pay amounts due
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•
Submission of work September 2, 2014 Evidence of transmittal
Cal OSHA and OSHA and MCAQMD
County Air Quality copy of plan filed with
Management District Planning Director
(MCAQMD)
The Compliance Schedule was sent to Ms. Laines by registered mail,
return receipt requested and returned to the City unopened. On August 8,
2014, the Compliance Schedule was emailed to Ms. Laines. In an
August 28, 2014, email from Ms. Laines local representative Pinky
Kushner, Ms. Laines was quoted as acknowledging receipt of the
Compliance Schedule.
On or before August 20, 2014, the Building Official learned from Norm
Hudson that he was not currently performing as Ms. Laines' contractor.
The Building Official inspected the building on August 20 and found that the
building was not secure. On Sunday, August 24, Ms. Laines emailed
Councilmember Scalmanini that plywood had been attached to two
openings in the Palace Hotel. On August 25, Council member Scalmanini
forwarded the email to the Planning Director. The Building Official inspected
the building on August 25 and determined that the two openings were
adequately secured, but the ground floor door on the Smith Street side of
the building had not been secured, nor had a number of windows/openings.
On August 25, the Planning Director notified Ms. Laines of the Building
Official's findings. The email notified Ms. Laines that the Building Official
was available to meet with her to discuss how to properly secure the
building and gave her the Building Official's contact information. She left
him a voice mail message on August 27 that she would have the
remaining points of access to the building secured on August 27. The
Planning Director emailed Ms. Laines that the Building Official would
inspect the building in the afternoon on August 27 and reminded her that
under the Compliance Schedule she was required to submit to the
Planning Director on August 27 a fully executed contract with Bluewater
Environmental Services to abate asbestos contamination in the building
and documents from a federally or state chartered bank showing that an
escrow account has been opened, including the account number, and the
balance of the account, and evidence that the funds in the account will
only be used to pay amounts due under the contract with Bluewater. These
conditions were based on letters from Ms. Laines presented to the City
Council at its June 18, 2014, meeting that she was securing funds for the
asbestos abatement and that Blue Water could complete the work in 3-6
weeks, once it and Ms. Laines entered a contract and payment for its
services was secured.
The Building Official inspected the exterior of the building on August 27,
2014 and found that most of the doors and openings had been
adequately secured against unauthorized entry. However, he remained
concerned about the window on the Smith Street side of the building
because it had 1/4" plywood instead of%" and was not secured tightly. He
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also could not tell if the upstairs windows on the south side of the building
had been secured because they were not visible from the street. The
Planning Director emailed the owner on August 27th and informed her of
these concerns and requested that she contact the Building Official
and allow him to tour the building so that a comprehensive assessment
could be made as to whether or not the building has been adequately
secured against unauthorized entry.
On September 5, 2014, staff was alerted by a citizen that a door on the
ground floor was wide open and it look as though the building had been
broken into. The Building Official inspected the building and the building
and observed damage and concluded that the building had been broken
into. On September 8, 2014, staff was alerted by the owner that the
building had again been broken into. On September 12, 2015, staff
emailed the owner requesting cooperation in performing a comprehensive
tour of the building and developing a strategy for securing it against
unauthorized entry. In a September 15, 2014 email, the owner expressed
her opinion that the building was adequately secure.
On November 5, 2014, Cal OSHA approved the asbestos removal work
plan and the owner's indicated that work would begin in early December.
On December 18, 2014, the owner indicated that work was delayed and
that they anticipate "a start of staging shortly." At the City Council meeting
on January 7, 2015, staff reported to the City Council that the required
permits for the asbestos removal had not been applied for and the work
had not started. As of January 13, 2015, the required permits had not
been applied for and staff had not heard from the owner or asbestos
removal contractor.
As of January 13, 2015, the plastic on the windows remained torn and
tattered, and photos taken on December 12, 2014, and submitted to the
City Council on December 17, 2014, show that the plastic on the roof
was similarly still torn and tattered. The windows and roof were in this
condition during heavy rains in December 2014, resulting in substantial
additional intrusion of water into the building.
On December 18, 2014, staff received a copy of a Preliminary Structural
Evaluation, prepared by LACO Associates under contract with the
potential receiver that the City may request the court to appoint. The
engineer did not enter the building. His work consisted of a detailed
review of all past structural reports and exterior observations of the
structure. This evaluation identified a number of concerns, one of which
was the cracking in the northeast corner of the building at the intersection
of North State Street and Smith Street. The report stated that the cracks
were apparently the result of a window being added sometime in the
past without an adequate lintel being installed above it. The masonry
above this area is acting as "a gravity support arch...and the resultant
force is pushing the easterly wall of the building towards North State
Street." The report recommends that, at a minimum, "this condition
should be repaired by restoring the vertical support of the masonry above
the added window opening" and that "additional steel strapping or
other ties may be required to tie the separated portion together, based
5
on conditions discovered during construction."
In a follow-up conversation with the engineer who prepared the Evaluation,
staff inquired about the urgency of this condition of the building and
the engineer responded that in his opinion, it "should be repaired or
stabilized as soon as possible."
On December 16, 2014, Staff sent a letter to the owner urgently requesting
that she: 1) Secure the entire building against unauthorized entry to the
satisfaction of the City's Building Official; 2) Secure the windows with
water tight material to prevent further rainwater intrusion; 3) Repair or
replace the roof to prevent further rainwater intrusion; 4) Arrange for a
licensed structural engineer to inspect the building, particularly the
northeast corner to determine its structural integrity and whether or not
there is an immediate need for repairs to prevent an imminent threat of
structural failure and submit a written report from the engineer to the
Planning Department. If immediate repairs are necessary, the letter
requested the owner to secure the required permit and complete the
necessary repairs; 5) Submit to the Planning Department a copy of the
contract with Bluewater Environmental Services and evidence that an
escrow account has been established with the funds needed to fund the
asbestos removal project; and 6) Secure the required permits and
remove the asbestos from the building. In a December 19, 2014 email,
the owner indicated she would like to discuss the letter. As of January
13, 2015, the owner had not contacted staff to discuss the letter and none
of the items requested in the letter had been accomplished; and
5. Based on the evidence presented and the records of the Ukiah Planning
and Building Departments and the monthly reports to the Palace Hotel
Nuisance Abatement Ad Hoc Committee and the full City Council, the City
Council finds that:
A. The Property contains one dilapidated hotel structure of
approximately 60,000 square feet, and consists of three stories.
The original hotel, constructed in 1891 contains unreinforced
masonry walls. A later addition, constructed in the 1920's,
contains reinforced concrete walls. The hotel was last occupied
more than 20 years ago and has since remained vacant, boarded
up and unheated.
B. The 2002 Point 2 Structural Engineers Seismic Analysis of the
building revealed that the perimeter unreinforced masonry walls
of the older portions of the building were found to be deficient to
adequately support the vertical and probable earthquake loads of
the region. The mortar shear tests determined the unreinforced
masonry walls could not sustain minimum loads without failure,
and that although they are not necessary for the stability of the
overall structure, the parapets presented a very real falling hazard
during a seismic event.
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C. An inspection of the Property by the City Building Official and
Fire Marshal on May 26, 2011, determined that the building on
the Property constitutes a public nuisance. As set forth in more
detail in the letter to the Property owner from David Willoughby,
Building Official, dated September 26, 2011, attached here to as
Exhibit A: (1) The hotel building is an unoccupied, unsafe
structure in a dilapidated condition that has deteriorated wood,
visible dry rot, broken windows, mold, deteriorated flooring and
floor supports, deteriorated ceilings and roof supports, significant
water damage that is beginning to compromise the structural
integrity of the building; (2) the structure is not adequately
protected against water intrusion and will continue to deteriorate
in its present condition; (3) the structure is not adequately
protected against unauthorized entry and as a result, trespassers
have deposited garbage and trash in the structure, which poses a
threat to public health and safety; (4) there is evidence that the
building has been occupied by homeless persons; and (4) The
existing fire sprinkler system has not been properly maintained,
has fallen into disrepair as described in the attached Exhibit A.
D. Over the 35 months since the City Council commenced its
hearing under Ukiah City Code Section 3306, Ms. Laines placed
plastic sheeting over the roof and windows and removed some
debris from inside the building. In removing lathe and plaster on
all three floors of the hotel, Ms. Laines caused asbestos to
become intermingled with other debris which created an unsafe
working environment, culminating in Cal OSHA barring all debris
removal until it approved a plan that complies with its workplace
safety rules. Despite promises to commence asbestos removal
first in October, then in December, the owner has not applied for
a building permit required to commence the removal process, all
of the windows in the building on the second and third floors are
uncovered and the plastic sheeting on the roof no longer provides
any protection against water intrusion. Heavy rains in December
have increased water intrusion. The owner has failed to comply
with any of the requirements in the Compliance Schedule
adopted by the City Council and has not made satisfactory
progress toward abating the nuisance conditions or presenting
and following a viable plan for the full abatement of the nuisance
conditions on the Property. Moreover, this unacceptably slow and
erratic progress follows over 20 years of inaction during which the
Palace Hotel remained vacant, in deteriorating condition, creating
blight in the City's historic downtown, and inhibiting its
revitalization. These facts convince the City Council that giving
Ms. Laines additional time to abate the conditions is unlikely to
result in abatement within a reasonable or even foreseeable time
frame.
E. The conditions on the Property continue to violate section 116
of the California Building Code for dangerous buildings because
the dilapidated hotel is unsecured and, therefore, unsafe; and the
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structure is unsanitary because of the presence of debris remains.
The conditions have actually been made worse and more time
consuming and expensive to abate by the removal of lathe and
plastic performed during the time this matter has been pending
before the City Council.
F. The dilapidated hotel on the Property constitutes a public
nuisance as defined in Ukiah City Code section 3300 and Health
and Safety Code Section 17920; the conditions of the property
violate Sections 1.14, 3.24, and 904 of Division 1, Title 19 of the
California Code of Regulations; California Building Code section
901.6.1; and California Fire Code section 506.1, because the fire
sprinkler system has not been adequately maintained, and
emergency access keys that operate the locks on the property
have not been provided in the knox box; and
6. Despite repeated efforts to gain voluntary compliance with the applicable
codes and ordinances, the property owner has failed to make satisfactory
progress in cleaning up and maintaining the Property, repairing and
securing the hotel structure and otherwise in abating the nuisance
conditions on the Property; and
7. The City Council overrules all objections and protests to the proposed
abatement of the nuisance conditions on the Property;
NOW, THEREFORE, BE IT RESOLVED that:
1. The Ukiah Department of Public Works is hereby ordered and directed to
abate the public nuisance located at 272 North State Street (APN 002-224-
13) as described in this resolution. The Public Works Director is directed to
seek the appointment of a receiver pursuant to Health and Safety Code
Section 17980.7, if he determines that the property Owner or its authorized
agent has failed to meet without good cause a compliance deadline in the
Compliance Schedule attached hereto as Exhibit B. "Good cause" means an
event beyond the reasonable control of the Owner, including governmental
action, war, riot or civil commotion, fire, natural disaster, or any other cause
which could not with reasonable diligence be foreseen, controlled or
prevented by the Owner. If a receivership is terminated without successfully
abating said conditions, the Public Works Director is directed to seek further
authority from the City Council before taking any other actions to repair or
remove the hotel structure; and
2. The City Clerk is hereby directed to forward a certified copy of this resolution
to the County Recorder of Mendocino County for recordation.
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PASSED AND ADOPTED on February 4, 2015, by the following roll call vote:
Ayes: Councilmembers Mulheren, Doble, Brown, Scalmanini, Mayor Crane
Noes: None
Abstain: None
Absent: None
Douglas Crane, Mayor
ATTEST:
iGG�G/�"J
Ca by awadly, Deputy ity Clerk
9
Exhibit A
t ^ 1 f(
City of TIrciah
Eladia Laines/Leddy and Michael Leddy
PO Box 1309
Sausalito,CA 94966
Via Certified Mail
September 26,2011
Subject: NOTICE OF SUBSTANDARD BUILDING
Location of Violation: Throughout the building
Address: 272 N.State St. (The Palace Hotel)
APN: 002-224-13
Owner: Qestex LTD/Ms. Laines-Leddy and Mr.Mike Leddy
Dear Eladia Laines-Leddy and Mr.Mike Leddy
According to the Mendocino County Assessor's Office you are the record owner of the
property listed above.
On May 18,• 2011, an Inspection Warrant was obtained for the Palace Hotel. An
inspection of the building was performed on May 26, 2011. During the inspection the
following violations of Ukiah Municipal Code, California Building Code, and California
Health and Safety Code were observed:
1. Water intrusion is evident in the basements at the exterior walls and at
intersection of the floor/ceiling and the exterior wall.
2. The roof is leaking in many locations.The water entering the building from the
failing roof is making its way all the way down through the building and
affecting a large part of the structure because of this. This condition was
occurring when I performed an inspection two years ago and has been going on
for many years prior to that. Work was done on the roof to correct it, however
it appears that the condition was not fixed and/or the maintenance has not been
kept up since the repairs were made. Due to the water intrusion problem over
the years,the structure is continuing to degrade.
3. A bathroom window on the southwest portion of the building at the second •
floor above Patrona's Restaurant roof is open. The opening is boarded up;
however,water is able to get into the building at this point.
4. Most of the windows are broken and boarded up which still allows water to get
into the building.
300 SEMINARY AVENUE UKIAH,CA 95482-5400
Phone#(707)463-6200 Fax#(707)463-6204 Web Address: www.cityofukiah.com
Pg. 1
5. The roof has large splits and patches that have come loose and there are vent
holes, skylights and other penetrations through the roof that are missing covers
allowing water into the building. Also, some of the roofing on the parapet wall
is missing.
6. The Ivy vine growing on the exterior of the building is degrading the brick and
mortar as well as adding additional loads to an unreinforced masonry building.
7. The inspectors test drain valve for the automatic fire suppression system is
inoperable.
8. There are no fire sprinklers installed in the large walk-in freezer.
9. Two sprinklers are painted and inoperable in the small room that is located at
the southeast corner of the building facing State St.
10.The automatic fire suppression system is required to be electrically monitored.
Our inspection reveals that it is not being electronically monitored.
11.The emergency access key security box(Knox box)is not present.
According to Section 17920.3 of the California Health and Safety code, due to the
general dilapidated condition, lack of maintenance as noted above, defective or
deteriorated flooring or floor supports, ceilings, and roof supports, and faulty weather
protections this structure is declared to be a substandard building.
According to Division 3, Chapter 10, Section 3300 of the Ukiah Municipal Code, "All
buildings or structures which are structurally unsafe, or are partially destroyed by fire, or
are dilapidated from old age, neglect, decay or other causes within the City, which
constitute a fire menace or are dangerous to human life, or a likely resort for vagrant or
dissolute persons, may be declared a nuisance by the City Council of the City and
thereafter abated as herein provided."
According to Division 3 Chapter 11, Section 3402 of the Ukiah Municipal Code,"It shall
be unlawful, and it is herby declared to be a public nuisance, for any person owning,
leasing, occupying, or having charge of any commercially zoned business or
commercially zoned property within the city of Ukiah,to maintain such premises in such
a manner that any one or more of the conditions or activities described in the following
subsections are found to exist:"The applicable subsections include:
A. Any violation of this code.
C. Buildings or structures which are partially destroyed, abandoned or permitted
to remain in a state of partial construction for more than six(6)months,or beyond
any period of extension,after the issuance of a building permit.
F. Broken or cracked windows, windows boarded up with unpainted materials
attached to the exterior of the building, or unattractive products adhered
to/covering the inside of the window, unless the structure is undergoing a
remodeling project. The property owner can have thirty(30)to ninety(90)days to
correct the problem with the submittal and approval of a reasonable improvement
strategy/plan.
300 SEMINARY AVENUE UKIAH,CA 95482-5400
Phone#(707)463-6200 Fax#(707)463-6204 Web Address:www.cityofukiah.com
Pg.2
G. Overgrown or dead, decayed or hazardous vegetation which: 3.) constitutes a
blighted appearance and 4.)constitutes a fire hazard as determined by the city Fire
Marshal.
H. Building exterior, roofs, landscaping, grounds, walls, retaining and crib walls,
fences, or driveways which are defective,broken, torn, cracked, dilapidated, or in
other similar blighted conditions. If that condition is readily visible from any
public street or adjacent parcel of property and is unsightly so as to constitute a
blighted condition detrimental to the property values in the immediate
surrounding area or otherwise be detrimental to the public welfare.
P. Vegetation overgrowth which encroaches into,over or upon any public right of
way including, but not limited to, streets, alley, or sidewalks, so as to constitute
either a danger to the public safety or property or any impediment to public travel.
U. Any other condition declared by any state, county, or city statute, code or
regulation to be a public nuisance.
X. Any dangerous, unsightly, or blighted condition which is detrimental to the
health,safety or welfare of the public.
Y. Any condition recognized in law or in equity as constituting a public nuisance.
YOU ARE HEREBY NOTIFIED that you must abate the violations by taking the
following steps within the time noted below from the date this notice is served upon
you:
1. Submit a building permit application, fees, plans and documents for the repairs to
the roof and repairs to the automatic fire sprinkler system required as noted above
within thirty(30)days from the date of this notice;and
Complete the repairs needed on the roof, windows and exterior walls so
that the building is waterproof and complete the repairs and monitoring of the
automatic fire suppression system including the installation of the Knox Box
within sixty(60)days from the date of this notice; and
Remove the Ivy vines growing on the building within ninety (90) days
from the date of this notice;and
Submit a building permit application, fees, plans and documents for the
restoration of this building within four(4)months from the date of this notice;and
Provide that the permit is issued within eight (8) months from the date of
this notice; and
300 SEMINARY AVENUE UKIAH,CA 95482-5400
Phone#(707)463-6200 Fax#(707)463-6204 Web Address:www.cityofukiah.com
Pg.3
Provide that the building permit is finaled (final inspection) and a
Certificate of Occupancy is issued within two (2) years from the date of this
notice.
Or
2. Submit a building/demolition permit application with all required information,
plans, fees, and documents for the demolition of the building within thirty (30)
days from the date of this notice;and provide all required information and fees for
compliance with the California Environmental Quality Act within thirty(30)days
from the day formally requested by the City; and
Complete the demolition of the building within six (6) months from the
date of the issuance of the building/demolition permit.
If you have not abated the violations within the time limits set above and by taking the
actions described above, the City will take enforcement action as authorized by law
which may include any or all of the following: (1) issuance of a citation for violation of
Cal. Health & Safety Code §17995 (which makes violation of the building code a
misdemeanor punishable for a first offense by a fine of$1,000, six months in the county
jail or by both a fine and imprisonment with the fine increasing to $5,000 for a second or
subsequent violation); (2)filing a civil action to enjoin the violation as a public nuisance.
In a civil action you may become liable for the City's attorneys' fees in bringing the
action; and (3) abatement of the violations through a resolution and assessment of costs
against the property through a lien.
The Palace Hotel has been unoccupied for over fifteen years,has fallen into a dilapidated
condition, and now represents a public nuisance. Efforts to correct violations in the past
have been marginally successful and the building has continued to degrade into its
current dilapidated and unsafe condition. The building has become a significant eyesore
in the historic downtown, and conflicts with the City's plans to revitalize the downtown
and promote positive economic development. The time has come for the violations to be
once and for all fully and successfully abated and the building restored and put to
productive use or, as owner of the building,you could propose to demolish the structure.
We are available to work with you to resolve the Palace Hotel dilemma. You can contact
me Monday through Thursday at(707)467-5718 to discuss this correspondence.
THIS IS THE ONLY FORMAL NOTICE THE CITY WILL PROVIDE BEFORE
TAKING ENFORCEMENT ACTION.
Sincerely, I! •
David Willoughby
Building Official
300 SEMINARY AVENUE UKIAH,CA 95482-5400
Phone#(707)463-6200 Fax#(707)463-6204 Web Address:www.cityofukiah.com
Pg.4
cc: David Rapport,City Attorney
Sage Sangiacomo,Assistance City Manager
Charley Stump,Director,Planning and Community Development
300 SEMINARY AVENUE UKIAH,CA 95482-5400
Phone#(707)463-6200 Fax#(707)463-6204 Web Address: www.cityofukiah.com
Pg.5
EXHIBIT B
COMPLIANCE SCHEDULE
Milestone Deadline Evidence of Compliance
1.Obtain required building and April 21, 2015 The following correspond to the
encroachment permits and any numbered items in column,
other required permits to headed "Milestone." For
perform Asbestos Abatement example,#1 below is the
Work Plan prepared by evidence to establish compliance
Bluewater Environmental with Milestone#1.The evidence
Services, Inc.and approved by of compliance must be provided
Cal OSHA and Mendocino by the April 21, 2015, deadline.
County Air Quality Management
District(MCAQMD) 1. Copy of issued permits on file
2. Restore fire sprinkler system in City Planning and Building
to full function to the Department.
satisfaction of the Fire Marshall. . 2. Inspection and approval of
3.Obtain approval by City City Building Official and Fire
Engineer of a written structural Marshall.
assessment of hotel by California 3. Copy of approved structural
licensed structural or civil assessment on file with Planning
engineer for conditions creating and Building Department.
significant threat to structural 4.Written approval from
integrity of building, including structural or civil engineer
any conditions requiring bearing engineer's stamp and
immediate repair and a schedule signature on file with Planning
for completing those immediate and Building Department and
repairs. inspection by City Building
4.Complete any repairs Official and/or City Engineer.
designated in the approved 5. Inspection by City Building
report as requiring immediate Official.
repair in accordance with the 6. Inspection and on-going
schedule in the report. inspections by City Building
5.Secure the entire building Official.
from unauthorized entry to the 7.Written approval by Cal OSHA
satisfaction of the City Building and MCAQMD on file with
Official. Planning and Building
6. Patch roof and cover all Department and inspection by
window,door and other City Building Official.
openings to effectively prevent
water intrusion. Continuously
maintain these measures to
prevent water intrusion until
completion of rehabilitation.
7. Fully perform and complete
the approved Asbestos
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EXHIBIT B
Abatement Work Plan to the
satisfaction of Cal OSHA and
M CAQM D.
Prepare plan for pre- 90 days from completion of File with Planning Director
development to include: Asbestos abatement 1. Written plan
1. Detail of steps required 2. Signed contracts with
for pre-development design professionals and
2. List of design consultants
professionals and con- 3. Schedule for completion
sultants retained 4. Executed loan documents
3. Schedule for complet- 5. Evidence of funding
ing steps availability
4. Description of financing
for pre-development
work
Completion of pre- 180 days from submission of Submission of completed
development work Work plan to Planning application for permits
Director required for rehabilitation
work with required
construction plans
Submit engineer's final To be submitted with work File engineer's estimate with
estimate of construction cost, plan Planning Director
certified by California
licensed and qualified design
professional
Secure financing for 90 days from submission of Executed financing
construction and obtain(pay application for required documents, evidence of
for and have issued)the permits funding availability filed with
building permit Planning Director, permit
issued
Completion of seismic retrofit 180days from issuance of Structural work to seismically
building permit retrofit the building
completed. Permit for work
signed off by Building Official
and owner's California
licensed structural engineer.
Completion of roofing to 180 days from issuance of Includes any roof framing,
make watertight building permit sheathing and all roofing
installed. Observed and noted
by the Building Official.
Completion of interior 210 days from issuance of Includes all framing repairs
framing and installation of building permit and changes to the floors,
windows to make exterior ceilings, walls, stairways and
watertight installing windows. Rough
frame is signed off by the
Building Official.
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EXHIBIT B
Completion of all rough 365 days from issuance of Building is ready for
electrical, mechanical and building permit. insulation and drywall. Rough
plumbing for the building. electrical,mechanical and
plumbing is signed off by the
Building Official.
Completion of Drywall 1 year and 2 months from Sheetrock and firewalls
issuance of building permit. completed and signed off by
the Building Official
Completion of the project 2 years from the issuance of Building permit is signed off
the building permit. and a Certificate of
Occupancy is issued for all
occupancies within the
building.
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