HomeMy WebLinkAboutPH 2 RECOVERY COSTS 09-07-93,. ENDA,_
DATE:
SEPTEMBER 7, 1993
PUBLIC HEARING NO. 2
9-7-93
Inter-Com '
TO:
FROM-
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
COMMUNITY DEVELOPMENT DEPARTMENT
RECOVERY OF CITY INCURRED COSTS OF A NOTICE TO CLEAN
PREMISES AT 1776' NISSON DRIVE, TUSTIN
RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 93-95
approving a special assessment of two thousand four hundred
seventy-four dollars and fifty cents ($2,474.50) for reimbursement
of City costs associated with the abatement of a weed and debris
public nuisance.
FISCAL IMPACT
The action ensures that City costs are recovered from the property
owner.~ No additional costs would occur as a result of this action.
BACKGROUND/D I SCUS S ION
The subject property is a vacant lot. On April 6, 1993, the City
of Tustin Code Enforcement Officer, Katherine Beal, received a
complaint from a citizen regarding the vacant lot's appearance and
possible fire hazard due to overgrown vegetation. On April 13,
1993, a Notice of Violation letter was forwarded to Mr. John P.
Thompson, the property owner of record at that time, according to
information available from the Orange County AsSessors Office.
This correspondence was returned with no forwarding address. On
May 20, 1993, a reinspection of the property was completed, with no
change in the condition of the property. Another attempt was made
to contact Mr. Thompson utilizing an address on file from a
previous Code Enforcement issue. No acknowledgement was received
from this 'correspondence. On June 9,1993, a Second Notice of
Violation was sent to Mr. Thompson, again using the address on
file. No acknowledgement was received.
On July 9, 1993, a different owner was reflected on the updated
Accessors Parcel information. The City performed a title search to
verify that Guidance Investors LTD was the current owner. A Notice
of Violation was sent to Guidance Investors LTD on that date. No
acknowledgement was received. On July 21, 1993, a reinspection of
the property revealed that the condition of the property had
significantly worsened since the original complaint. Non-
compliance of the property owner to abate the condition of the
City Council Report
1776 Nisson Road
September 7, 1993
Page 2
property resulted in the property being posted by the City with a
Notice to Clean Premises. A Notice to Abate was also mailed to the
n'ew owner on July 23, 1993. No acknowledgement was received. The
Notice to Abate weed and debris formally informed the owner that
Tustin City Code Section 4413 gives the City the authority to abate
such code violations upon the property within ten (10) days of
Posting.
On August 4, 1993, a ~einspection of the subject property revealed
that the overgrOwn vegetation condition still existed on the site.
A Public Works work order to abate the condition was carried out On
this date and the following expenses were incurred by the City:
Equipment
Disposal Fee
Labor
citY of Tustin Admin. Fee (15%)
$ 1125.00
$ 455.00
$ 571.74
$ 322.76
Total City Incurred Expenses
$ 2474.50
CONCLUSION
Staff recommends that the City Council adopt Resolution No. 93-95
approving a special assessment of two thousand four hundred
seventy-four dollars and fifty cents ($2,474.50) for reimbursement
of City costs associated with the abatement of a weed and debris
public nUisance. ~
Katherine Beal -- ·
Code Enforcement officer
C-hristine Al Sh~gleton
Assistant City Manager
KB: kd\CCREPOR T \ 1776n i ss. 893
Attachment: Resolution No. 93_-95
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RESOLUTION NO. 93-95
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, ASSESSING THE PROPERTY
LOCATED AT 1776 NISSON ROAD FOR THE COST
INCURRED BY THE CITY FOR THE ABATEMENT, OF A
WEED AND DEBRIS NUISANCE
WHEREAS, pursuant to Arti61e 4, Chapter 4, of the
Tustin City Code, it has been determined that the
accumulation of weeds and rubbish constitute a public
hazard which should be abated; and.
WHEREAS, Section 4417 of that Code authorizes the
Superintendent of Streets to initiate such abatement;
and
WHEREAS, the City has made every effort to secure
the cooperation of the property owner in abating the weed
nuisance at 1776 Nisson Road; and
WHEREAS, upon the failure of the property owner to
cause the abatement, City staff has abated the nuisance
at a cost to the City of $2,474.50; and
WHEREAS, the City of Tustin is authorized by
Government Code Sections 25845 and 38773.5 to recover all
costs associated with such abatement through the
placement of a lien upon the property of violation or by
any other means available.
NOW, THEREFORE, BE IT RESOLVED that the City Council
hereby directs the Finance Director for the City of
Tustin to secure reimbursement by any means available,
including but not limited to the recording of a special
assessment on Assessor's Parcel No. 432-401-04 in the
amount of $2,474.50 to recover the cost incurred by the
City of Tustin in the abatement of a weed and debris
nuisance at the property located at 1776 Nisson Road.
PASSED and ADOPTED at a regular meeting of the
Tustin City Council, held on the 7th day of September,
1993.
Jim Potts, Mayor
Mary E. Wynn, City Clerk