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In response to an inquiry by Commissioner Roberts, Mr. Iserson replied that if the <br />application lapsed, co nzpliance letters would he sent to the applicant, and ultimately, a <br />compliance hearing would be scheduled if there was no satisfactory resolution. If the <br />Compliance Officer found against the applicant, sanctions and fines could be imposed- <br />In response to an inquiry by Chairperson Arkin, Mr. Iserson did not believe that a <br />performance bond had ever been required for a project on private property. He noted that if <br />the applicant did not comply, the City would have to use that money to rebuild his house <br />on private property. He was unsure of the legality of that situation, and staff would be <br />hesitant to use that approach. <br />Ms_ Nerland noted that there was no legal remedy to an applicant continually extending a <br />building penzzit for interior work- <br />THE PUBLIC HEAE2_ING WAS OPENED_ <br />Joanne Norman, appellant, 3565 Kings Canyon Court, noted that the applicant had <br />petitioned the City three times since 2000. She noted that all the building permits had <br />expired, and he had not addressed items that the staff requested that he complete by <br />December 7, 2001. She had attended two meetings to discuss ways to come to closure on <br />these issues, and although the dates and times were set up at his convenience, he had never <br />attended the meetings. At these meetings, the neighbors were told that there would be code <br />enforcement action taken against Mr. Duggan if he did not follow through with staff s <br />directives. Size noted that he had not complied with any staff directives, and to date, no <br />sanctions had been taken against him. <br />Ms_ Norman requested that sanctions be enforced at this time, and noted that Mr. Duggan <br />needed to finish the development in a timely fashion- She believed that if she did not <br />complete the work, the penalty should be severe. She noted that he had sutf3cient time to <br />comply with staff's request, and that it was time to face the consequences if he failed to <br />follow through. She noted that he recently put up a fence on both sides of his property <br />without installing a gate; when he needed access to his property, he removed the entire <br />fence. She noted that there was currently no fence on the right side of the property; on the <br />left side, one slat had been missing for over a year. <br />She noted that slit spoke with all her neighbors regarding these issues on December 16, <br />2002, and added that 21 neighbors from Kings Canyon Court and Zion Canyon Court <br />signed her petition- The neighbor stated that they were tired of being woken up by <br />hammering ai 6 a.m., and that he did not comply with the rcgulaU.ons of working from <br />9 a. m. to 5 p.m. They also expressed concerns over the safety in and around his yard, and <br />the general rundown appearance of his property. She noted that she lived next door to Mr. <br />Duggan, and saw the impacts every day. She estimated that Mr. Duggan had been working <br />on his property for at least 17 years- She hoped that the Commission took their concerns <br />more seriously, and deny Mr. Duggan's request for City approval of this project until he <br />finished his previous work. She expressed concern that he was manipulating the system to <br />maximize the delay on his construction work. <br />PLANNING COMMISSION MINUTES January 22, 2003 Page 12 <br />