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Home My WebLink About02 NUISANCE ABATEMENT/LIEN REQUEST-1521 LANAI WAY. Agenda Item 2 AGENDAREPORT City Reviewed: Manager Ay Finance Director MEETING DATE: NOVEMBER 6, 2012 TO: JEFFREY C. PARKER, CITY MANAGER FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: REPORT AND ACCOUNT OF NUISANCE ABATEMENT COSTS RELATING TO 1521 LANAI WAY AND LIEN REQUEST FOR UNPAID NUISANCE ABATEMENT COSTS INCURRED BY THE CITY OF TUSTIN SUMMARY: Due to an extensive fire at the house located at 1521 Lanai Way, a Notice and Order was filed on the property. The property owner was directed to demolish and /or the repair the house within a specified time, or the enforcement officer would cause the work to be done, and bill the property owner for the abatement costs and /or assess the costs against the property. Unfortunately, the property owner has since passed away and the property remains in a nuisance condition. The expenses the City has incurred to date total $16,544.99. In order to settle the expense account, a lien must be placed on the property so that the amount invoiced can be settled in probate. FISCAL IMPACT: Municipalities are generally exempted from the payment of recorder fees (Gov't Code 27383). The time required of staff to deliver a certified copy of the Report to the Auditor and to submit a certified copy of the Resolution (Attachment 1 with Exhibit A) to the Recorder would likely result in nominal costs to the City. RECOMMENDATION: 1. Conduct a public hearing; 2. Adopt Resolution No. 12 -88, which approves, confirms and adopts the report attached thereto as Exhibit "A "; 3. Direct the City Clerk to cause the delivery of a certified copy of the Report to the Orange County Auditor and to submit a certified copy of the Resolution (with attachments) to the Orange County Recorder for recordation; and 4. Order that the nuisance abatement costs set forth in the report be collected as a special assessment against the Subject Property. APPROVAL AUTHORITY: Tustin City Code Section 5508 provides that the total costs of nuisance abatement, including all administrative costs, shall constitute a special assessment against a parcel (in accordance with California Government Code Section 38773.5). City staff has tracked time spent and expenses incurred with abatement associated with the subject property. In accordance with the Tustin City Code, the City Council may consider the expense report (Exhibit A of Resolution No. 12 -88), approve the report, and direct staff to record the nuisance abatement costs set forth in the report with the Orange County Auditor and Orange County Recorder. The costs incurred would then be collected as a special assessment against the subject property. BACKGROUND AND DISCUSSION: On January 4, 2012, the house located at 1521 Lanai Way suffered significant fire damages. Due to the extent of the fire, the house was determined by the Building Official to be dangerous and uninhabitable and, since the property was uninsured, a fencing enclosure was installed by the City to protect the health, safety, and general welfare of the public. The condition of the property was determined to constitute a public nuisance due to the roof condition, the unattended swimming pool and spa, accumulation of debris and the overall condition of the property. The subject public nuisance is in violation of several Tustin City Codes, including, but not limited to Tustin City Code 5502(b) and 5502(m)(5). City staff attempted to abate the nuisance condition, by filing a Notice and Order on the property directing the property owner to obtain a permit from the Building Division and physically to commence with either the demolition and /or the repair of the house by February 24, 2012. Pursuant to the 2010 California Building Code 105.5, all permits were to be finaled within sixty (60) calendar days of the permit issuance date. The property owner was also informed that if the work did not commence within the time specified, the enforcement officer may proceed to cause the work to be done, and bill the property owner for the abatement costs and /or assess the costs against the property. The property owner was also informed that the Notice and Order could be recorded against the property in the Office of the County Recorder. Unfortunately, the property owner passed away and the property remains in a nuisance condition. The expenses the City has incurred to date total $16,544.99. Pursuant to TCC Section 5508c, a special assessment may be placed on the parcel for the total costs of abatement including all administrative costs. In consultation with the City Attorney's office, staff is seeking City Council authorization to place a special assessment on the property so that the City can recover its losses to date through probate. Should the City Council confirm this special assessment, it shall be a lien on the property filed with the Orange County Auditor and the Orange County Recorder for recordation. A report and list of Administrative Costs incurred is attached hereto in Exhibit A. The property will remain secured and staff will continue to monitor the progress of the probate settlement. If the new owner does not address the nuisance condition, the City may need to abate the condition by demolishing the building, backfilling the pool and spa and removing the abandoned vehicle that remains on -site. Should this abatement and demolition be necessary, a separate report for this action and expense recovery will be provided to the City Council for consideration. Elizabeth A. Binsac Community Development Director Attachment 1. City Council Resolution No. 12 -88 and Exhibit A Report of Administrative Costs incurred 2. Photographs of the structure ATTACHMENT 1 RESOLUTION NO. 12 -88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING AND CONFIRMING THE REPORT AND ACCOUNT OF NUISANCE ABATEMENT COSTS RELATING TO CERTAIN REAL PROPERTY LOCATED IN THE CITY OF TUSTIN AND REQUESTING THE ORANGE COUNTY AUDITOR ADD THE UNPAID NUISANCE ABATEMENT COSTS INCURRED BY THE CITY OF TUSTIN TO THE TAX ROLL. The City Council of the City of Tustin does hereby resolve as follows: I. The City Council finds and determines as follows: A. That on January 4, 2012, the house located at 1521 Lanai Way suffered significant fire damage. Due to the extent of the fire, the house was determined by the Building Official to be dangerous and uninhabitable and, since the property was uninsured, a fencing enclosure was installed by the City to protect the health, safety, and general welfare of the public. The condition of the property was determined to constitute a public nuisance due to the roof condition, the unattended swimming pool and spa, accumulation of debris and the overall condition of the property which are in violation of several Tustin City Codes, including, but not limited to Tustin City Code 5502(b) and 5502(m)(5). The expenses the City has incurred to date total $16,544.99; B. That Glenn A. Bouck was the owner of record of the real property located at 1521 Lanai Way, City of Tustin ( "Subject Property") and that Ashley Katalinas was appointed executor of the estate in accordance with the Order for Probate filed with the Superior Court of California, Orange County on October 1, 2012; C. That a report and account of the costs incurred by the City of Tustin for nuisance abatement activity at the Subject Property is attached hereto as Exhibit "A" and incorporated herein by reference ('Report"); D. That Responsible Party is delinquent in the payment of said nuisance abatement costs; E. That Tustin City Code Section 5508 provides that the total costs of nuisance abatement, including all administrative costs, shall constitute a special assessment against a parcel in accordance with California Government Code Section 38773.5; and 876537.1 F. That the City Council held a hearing on November 6, 2012, which was properly noticed as required by California Government Code Section 38773.5 and Tustin City Code Section 5508, for the purpose of considering the Report, and duly considered all protests related thereto. II. The City Council hereby approves, confirms, and adopts the Report, attached hereto as Exhibit "A" and incorporated herein by reference, and orders that the nuisance abatement costs set forth in the report be collected as a special assessment against the Subject Property. III. The City Council hereby directs the City Clerk to cause the delivery of a certified copy of the Report to the Orange County Auditor and to submit a certified copy of the Resolution (with attachments) to the Orange County Recorder for recordation. IV. The City Council hereby requests the Orange County Auditor and Orange County Recorder to take any and all actions necessary to provide for the placement of the nuisance abatement costs on the tax roll and collecting said costs with the general taxes. PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting on the 6th day of November, 2012. JOHN NIELSEN, Mayor ATTEST: PAMELA STOKER, City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Pamela Stoker, City Clerk of the City of Tustin, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 12 -88 was duly passed and adopted at a regular meeting of the City of Tustin, held on the 6th day of November 2012, by the following vote: 876537.1 COUNCIL MEMBER AYES: _ COUNCIL MEMBER NOES: COUNCIL MEMBER ABSTAINED: COUNCIL MEMBER ABSENT: PAMELA STOKER City Clerk 876537.1 EXHIBIT A Administrative Costs at 1521 Lanai Way (As of 8/31/12) Staff Member Hours Worked Date(s) Worked Compensatio Com. Dev. Director 7 01/05/12 $787.22 Building Official 9 01/05/12 $826.92 Principal Engineer 1.5 4 01/05/12 01/06/12 $461.84 Senior Planner 7 01/05/12 $544.04 Senior Building Inspector 12 2 01/05/12 01/06/12 $837.20 Code Enforcement Officer (1) 2 1 30 minutes 1.5 1 1 1.5 1 1 1 30 minutes 1.5 01/20/12 01/24/12 01/25/12 01/30/12 02/16/12 04/18/12 04/19/12 05/16/12 05/18/12 06/13/12 06/14/12 07/27/12 $97.68 $48.84 $24.42 $73.26 $48.84 $48.84 $73.26 $48.84 $48.84 $48.84 $24.42 $73.26 Code Enforcement Officer (2) 30 minutes 04/19/12 $24.42 Police Officer (1) 3 01/05/12 $185.31 Police Officer (2) 3 01/05/12 $185.31 Police Officer (3) 2 01/05/12 $123.54 Police Officer (4) 30 minutes 01/05/12 $30.89 Police Officer (5) 30 minutes 01/05/12 $30.89 Police Officer (6) 10 minutes 01/05/12 $10.30 Police Officer (Master) (7) 1.5 01/05/12 $98.69 Police Officer (8) 30 minutes 30 minutes 01/05/12 04/19/12 $30.89 $30.89 Police Detective (1) 1.5 30 minutes 01/05/12 04/19/12 $92.66 $30.89 Police Detective (2) 1.5 01/05/12 $92.66 Police Services Officer 1 01/05/12 $48.84 Police Sergeant (1) 2 01/05/12 $163.80 Police Sergeant (2) 1 01/05/12 $81.90 Police Sergeant (3) 20 minutes 01/05/12 $27.30 Police Officer (9) 30 minutes 04/19/12 $30.89 Total: $ 5,436.63 876537.1 Additional Costs Date Cost ServPro Emergency Board -Up, with Temporary Fencing 01/05/12 $4,846.37 ServPro Temporary Fencing Rental ,July — Dec. 2012 07/25/12 $1,383.61 Water Utility billing 3/14/12 $144.78 City Attorney Costs Jan. — Aug. 2012 $4,733.60 Total: $11,108.36 Grand Total: $16,544.99 876537 1 ATTACHMENT 2 M y ,. zt +t -madam MAWa , � n r f °. 4 p. a d ir h Ir 1 w Jn y ■ • „J r A ' • • } F� .^ Ar pr -."Moo •' ri {� ., * r Ir i at .� Y � as iAh- do� Ar f � / �r �' 4 � —� ■ -�� a ��. ✓ � , F -,,. 4 9 � � _ �� * � � �•' t . � '� 5 4 � I}, � � . �;�. < -'� '� Y � ,. 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