276 E. Campbell Avenue - Notice of Non-Compliance and Declaration of Public Nuisance
CITY OF CAMPBELL
Community Development Department
August 23, 2019
USPS First Class Mail & Email
Attn: Property Owner(s) Oddwalle Campbell LLC
276 E. Campbell
Campbell, CA 95008
John@imwalledev.com
Notice of Non-Compliance / Declaration of Public Nuisance
Re: Property Maintenance / Maintaining a Construction Site in an Orderly Manner
Building Permit Number: BLD2018-975
Opa’s / Mo’s / Willard Hicks ~ 276-280 E. Campbell Avenue (APN: 412-07-065) & Public Parking Lot ~ 46 S. First Street (APN: 412-07-022)
Dear Mr. Razumich:
As follow up to our conversation on August 13, 2019, it has come to the City’s attention that the rear parking lot, surrounding construction areas, and trash enclosure serving Opa’s, Mo’s, and
Willard Hicks located at 276-280 E. Campbell Avenue as well as the public parking lot at 46 S.
First Street (hereinafter ‘Project Site’) are being improperly used and not adequately maintained.
The purpose of this notice is to inform you that the condition of your property is a public nuisance and to request your immediate action to resolve these conditions are required. The following
violations (non-compliance issues) observed by staff to date serve to summarize the issue and
required correction. Staff will be documenting its time in order to assess an appropriate
Administrative Citation in response to noted violations if not resolved in two weeks (no later than October 6, 2019). Noncompliance Issues
The following list serves to summarize recent violations (non-compliance issues) observed by staff:
1. Trash Enclosure: The public trash enclosure located at 46 S. 1st Street is being used for the
unpermitted storage of pallets of wood and charcoal for Willard Hicks. Trash, oil, and
tallow bins are being left open and uncovered inside the trash enclosure.
Notice of Noncompliance Page 2 of 4
Maintaining a Site in an Orderly Manner ~ 276-280 E. Campbell Avenue & 46 S. First Street
Code Reference: CMC § 6.10.020(a)(2), Nuisance conditions on property - The presence or
accumulation on a premises of debris, rubbish, scrap materials and trash, broken or
discarded household furnishings, appliances, boxes, cartons and similar materials.
Code Reference: CMC § 6.04.020 - Regulations for accumulation - The receptacles shall be provided with close-fitting metal lids or covers which shall be kept closed at all times
except when necessarily opened to permit deposit or removal of refuse. Container shall be
kept in sanitary condition by owners and free of holes that might cause leakage or the
emission of any offensive vapors, gases or odors. Code Reference: CMC § 18.20.010 ref IPMC §506.3 Grease interceptors. Grease
interceptors and automatic grease removal devices shall be maintained in accordance with
this code and the manufacturer’s installation instructions. Grease interceptors and automatic
grease removal devices shall be regularly serviced and cleaned to prevent the discharge of oil, grease, and other substances harmful or hazardous to the building drainage system, the public sewer, the private sewage disposal system or the sewage treatment plant or
processes. All records of maintenance, cleaning and repairs shall be available for inspection
by the code official.
Corrective Action: Cease and desist all unpermitted storage activities inside the trash enclosure; close and cover all trash, oil, and tallow bins inside the enclosure.
Identify some other location inside the building for these materials consistent with
Fire code provisions.
2. Unpermitted Outdoor Storage/Garbage: The project site is littered with various bins, kegs,
linen carts, boxes, propane tanks etc. outside of the building and along the edge of the
public right of way. If such storage is required, identify a location inside the building consistent with building and fire code provisions.
Code Reference: CMC § 6.10.020(a)(2), Nuisance conditions on property - The presence or
accumulation on a premises of debris, rubbish, scrap materials and trash, broken or
discarded household furnishings, appliances, boxes, cartons and similar materials.
Notice of Noncompliance Page 3 of 4
Maintaining a Site in an Orderly Manner ~ 276-280 E. Campbell Avenue & 46 S. First Street
Code Reference: CMC § 21.10.060 – C-3 (Central Business District) Zoning District. (D)
Prohibited uses in C-3 (Central Business District) zoning district. The following uses are
prohibited in the C-3 district:
(3) The outdoor storage of merchandise or products, unless otherwise approved, in compliance with subsection H of this section;
(5) Any use which is obnoxious or offensive or creates a nuisance to the occupants or
commercial visitors of adjacent buildings or premises by reason of the emission of dust,
fumes, glare, heat, liquids, noise, odor, smoke, steam, vibrations, or similar disturbance;
Corrective Action: Remove all outdoor storage and garbage from the property.
3. Soiled Hardscape Surfaces: The pavement and grounds leading from Opa’s, Mo’s, and
Willard Hicks to the trash enclosure is covered with grease, oil, sewage and is not sanitary.
Code Reference: CMC § 18.20.010 ref IPMC §302.1 Sanitation. All exterior property and
premises shall be maintained in a clean, safe, and sanitary condition.
Code Reference: CMC § 18.20.010 ref IPMC §302.3 Sidewalks and driveways. All
sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a
proper state of repair, and maintained free from hazardous conditions.
Corrective Action: Perpetually clean these areas – pressure washing and vacuuming waste water from the site. Do not wash grease, oil, or sewage down
public storm drains.
Notice of Noncompliance Page 4 of 4
Maintaining a Site in an Orderly Manner ~ 276-280 E. Campbell Avenue & 46 S. First Street
Property Owner Responsibility
Please note that a property owner does not need to have either personal knowledge or culpability of land use violations to be accountable for their abatement, in that the property owner ultimately
bears the responsibility to manage their property, which is a responsibility that cannot be delegated.
As such, you are hereby notified that the use of the property in a manner inconsistent with its
approved permits and Campbell Municipal Code and may result in revocation of the land use entitlement(s), fines, or other administrative remedies even if the land use issue is brought on by a tenant.
Please note that failure to respond to this notice may result in monetary, civil, and/or criminal penalties or actions. If you should have any questions, please do not hesitate to contact me at (408) 866-2142 or by email at stephenr@cityofcampbell.com.
Sincerely,
Stephen Rose
Associate Planner
cc: Paul Kermoyan, Community Development Director
William Seligmann, Campbell City Attorney Bill Bruckart, Building Official
Randy Sweet, Code Enforcement Officer