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Home My WebLink AboutCC Reso 2023-35 - Emergency Conditions - Palace Hotel RESOLUTION NO. 2023-35 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH FINDING STATUTORIALLY EXEMPT FROM ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT BUILDING OFFICIAL ENFORCEMENT ACTION UNDER CBC SECTIONS 116 AND 117 TO REMEDY EMERGENCY CONDITIONS AFFECTING THE PROPERTY LOCATED AT 272 NORTH STATE STREET, UKIAH, CA 95482 (APN 002-224-13) WHEREAS: 1. The building located at 272 North State Street, Ukiah, Ca 95482, also known as Mendocino County Assessor Parcel No. 002-224-13 ("the Palace Hotel") is registered on the National Register of Historic Places; and 2. In Resolution 2015-07,the City Council found that the Palace Hotel is a dangerous building and public nuisance under Ukiah City Code ("UCC") Section 3300); and 3. Resolution 2015-17 authorized a petition in the Mendocino County Superior Court to appoint a receiver to abate the dangerous and public nuisance conditions at the Palace Hotel; and 4. The City of Ukiah filed a petition for the appointment of a receiver, but the dangerous and public nuisance conditions were not abated before the receiver was discharged and the receivership terminated by court order on April 4, 2023; and 5. Resolution 2015-07 required the matter returned to the City for further instructions, if the dangerous and public nuisance conditions remained upon termination of the receivership; and 6. Upon inspection of the Palace Hotel on September 29, 2023, by the Building Official, Fire Chief and two Battalion Chiefs, the Building Official determined that the condition of the Palace Hotel has deteriorated to such an extent since the adoption of Resolution 2015-17 that it is no longer stable and poses an imminent risk of damage to persons or property due to its instability; and 7. The Building Official has presented his recommendations for enforcement action to the City Council including but not limited to the Draft Notice of Violation (Exhibit A); and 8. The City Council as reviewed the information presented by the Building Official at a special meeting of the City Council's on November 1, 2023; NOW, THEREFORE, the City Council for the City of Ukiah hereby finds, determines, and declares as follows: 1. FINDINGS: a. The enforcement actions recommended by the Building Official, as stated below, are statutorily exempt from environmental review under the California Environmental Quality Act ("CEQA") under Public Resources Code 21080(b)(3) as a project undertaken, carried out, or approved by the City to maintain, repair, restore, demolish, or replace property or facilities damaged or destroyed as a result of a disaster in a 1 disaster-stricken area in which a state of emergency has been proclaimed by the Governor pursuant to Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code. i. While the Palace Hotel has been declared by the City Council to be a dangerous building and public nuisance since 2015, and many of the conditions shown in the pictures of the September 29, 2023, inspection by the City's Building Official were noted in the earlier inspection on December 17, 2015, the condition at that time did not cause the degree of instability evident in the inspection on September 29.Water intrusion has and continues to cause deterioration, but the particularly heavy rains which prompted the Governor to issue three Proclamation of Emergency in January and March 2023, is the most recent cause of damage. As a result of that damage the building is no longer structurally stable, posing an imminent risk of damage to persons and property in its vicinity. ii. From the September 29,2023, inspection as described in the Building Official's report to the City Council, this recent deterioration is the result of additional water intrusion from last winter's storms which were declared a State of Emergency in the California Governor's Executive Order No N-2-23, dated January 16, 2023, and Emergency Proclamations on March 3 and March 8 for 13 counties, including Mendocino County.. b. The enforcement action recommended by the Building Official is also exempted from environmental review under CEQA by Public Resources Code Section 21080(B)(4): Specific actions necessary to prevent or mitigate an emergency. i. The unstable condition of the Palace Hotel caused by the unreinforced masonry exterior walls on 213 of the structure, the exposure to water intrusion resulting from the collapsing roof and the loss of internal stability due to collapsing and buckled floors and cracking and broken lateral wooden support beams poses a risk of collapse, particularly if this winter brings substantial rain. ii. The action recommended by the Building Official is necessary to mitigate existing emergency conditions and future emergencies likely to result from substantial winter rains and the unstable condition of the structure. 2. While the Building Official has the authority without City Council approval to take the enforcement actions under Building code Sections 116 and 117,the City Council approves his proposed action. PASSED AND ADOPTED this 1st day of November 2023, by the following roll call vote: AYES: Councilmembers Orozco, Sher, Crane, Duenas, and Mayor Rodin NOES: None ABSENT: None ABSTAIN: None ATTEST: Mari Rodin, Mayor Kristine Lawler, City Clerk 2 EXHIBIT A City of Ukiah COMMUNITY DEVELOPMENT 300 SEMINARY AVENUE DEPARTMENT UKIAH,CA 95482 TWIN INVESTMENTS LLC 494 KENWOOD DR UKIAH CA 95482 DATE POSTED: Subject: NOTICE OF VIOLATION— HAZARDOUS CONDITION - PUBLIC NUISANCE Location of Violation: Entire Property Address: 272 N STATE ST Assessor's Parcel Number: 002-224-13 Owner: TWIN INVESTMENTS LLC Attention: JITU ISHWAR, LLC Member Dear Owner: PLEASE TAKE NOTICE that on 09/29/23, an inspection of the interior and exterior of the above-referenced property was performed with the owner representative present. The inspection team was made up of the Chief Building Official, the Fire Chief, and two Battalion Chiefs. The determinations made by the inspection team are as follows. I. The building at 217 N State St. is structurally unsound, deteriorated, and constitutes a menace to public safety. Since the City Council findings adopted by Resolution No. 2015-07, a true and correct copy of which is attached to this Notice, the condition of the building has deteriorated to such an extent that it poses an imminent risk of collapse endangering life, limb, health, and property of the public. 2. The condition of the above property has been deemed a public nuisance due to its hazardous condition and immediate action is necessary to abate the nuisance to protect public safety. As a result of the above-described conditions, the historical significance of this building cannot impede the protection of public safety which is of paramount importance. You must take all necessary steps to ensure the safe and timely demolition or stabilization of this building. In accordance with Section 116.1 of the 2022 California Building Code YOU ARE HEREBY NOTIFIED: that the City of Ukiah is hereby issuing a formal order requiring you as the property owner and managing member of the owner to initiate 300 SEMINARY AVENUE UKIAH, CA 95482-5400 Phone# (707)463-6200 Fax# (707)463-6204 Web Address: www.cityofukiah.com the demolition or stabilization of the structurally unsound building. Respond to this notice with a permit application and your proposed plan within 30 days. If you have not taken steps to abate the violation in the time given above 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); and(2) filing a civil action to enjoin the violation as a public nuisance, to recover from you the costs to demolish the building and to take any other actions necessary to protect public health and safety, to impose the penalties prescribed by Cal. Health & Safety Code §17995, to prevent you from taking a tax deduction for interest, expenses, depreciation or amortization arising from your ownership of the property, or the City can request reinstatement of the receivership recently terminated and the appointment of a receiver to take possession and control of the property, make all repairs, impose those costs as a lien on the property and seek to recover any deficiency from you. In a civil action you may become liable for the City's attorneys' fees and costs in bringing the action. THIS IS THE ONLY NOTICE THE CITY WILL GIVE BEFORE TAKING ENFORCEMENT ACTION. Sincerely, Matt Keizer Chief Code Enforcement Officer Posted on building Sent Via: Certified mail cc: City Attorney 300 SEMINARY AVENUE UKIAH, CA 95482-5400 Phone# (707)463-6200 Fax# (707)463-6204 Web Address: www.cityofukiah.com