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Home My WebLink About01 RECOVERY COSTS 11-20-95AGEF DA DATE: NOVEMBER 20, 1995 Inter-Com TO: WILLIAM A. HUSTON, CITY MANAGER FROM: COMMUNITY DEVELOPMENT DEPARTMENT RECOVERY OF CITY COSTS FOR THE ABATEMENT OF A PUBLIC NUISANCE SUSJEOT: AT PROPERTY LOCATED AT 1776 NISSON ROAD, AND TWO PROPERTIES LOCATED IN EAST TUSTIN AT TRACT 13908, AND TRACT 13627, LOT 26 RECOMMENDATION That City Council adopt Resolution No.s 95-109, 95-110 and 95-111 confirming the schedule of costs associated with the abatement of weeds and debris and directing that the same constitute an assessment against the subject properties. BACKGROUND On June 21, 1995 the Community Development Department received a letter from concerned residents on Pavillion Drive, in unincorporated Orange County, who live adjacent to Tract No. 13627, Lot 26, a fourteen acre undeveloped area of East Tustin located in the vicinity of Tustin Ranch Road and Township Drive. They were extremely concerned about the overgrown weeds and the potential for a fire hazard, especially given the extremely hot summer weather. On June 28, 1995 the San Marino Homeowners Association forwarded a letter to the City explaining their concern for health, safety and fire hazards regarding the,undeveloped property at Tract No. 13908, an undeveloped area of approximately 15 acres, also located in East Tustin, which had become extremely overgrown with weeds and was being used as a dumping ground. In May and June, 1995 the Community Development Department received calls from residents of a mobile home park and apartment building adjacent to a half acre, vacant parcel at 1776 Nisson Road, located east of Redhill Avenue, south of Interstate 5. The residents were extremely concerned about the possible fire hazard created by extremely overgrown weeds. Further research into the history of the two East Tustin properties revealed that these concerns have been expressed every summer for the past several years. Previously these tracts were cleaned up by their respective property owners after being contacted by Code Enforcement. The property at 1776 Nisson Road has presented a continuous weed and trash problem since a building was demolished from the site a few years ago. The city previously cleared the lot in 1993 and placed a lien on the property to recover an incurred cost of $2,474.50. William A. Huston Recovery of Costs for'Abatement of Public Nuisance November 20, 1995 Page 2 DISCUSSION After several attempts to contact the property owners of Tract No. 13627, Lot 26 (San Ramo Development Company) and Tract No. 13908 (Bramalea Development), we learned that they were in bankruptcy and would not be performing clean-up activities of their respective properties. Attempts to reach~the property owner of 1776 Nisson Road were also unsuccessful. On July 18, 1995, the three properties described above were posted and the property owners were notified by mail of the existence of a public nuisance violation and were ordered to clear the weeds and debris from their property by July 28, 1995. The notice warned the property owners that failure to clear the premises of the violation would result in abatement by the City and that a lien would be placed upon the land to recover the costs of abatement. The property owners had the right to file an appeal with the City Clerk~ office by July 28, 1995 and no appeals were received. Tustin City Code sections 4417 and 4418 permit the City to initiate removal of weeds and debris nuisances with an assessment against the property to recover costs. A work order was forwarded to the Public Works Department to request that a bidding process be initiated to contract to have the property cleared of weeds, trash and debris. After completing the bid process, the project was awarded and completed by McGrann Construction on September 6, 1995, and invoiced to the City. The figures shown on Attachment 1 reflect the contract subtotal (see attached purchase order) and a revised subtotal which includes a fifteen percent administrative fee to cover costs incurred by the City in administering the contract. CONCLUSION It is recommended that the City Council confirm the schedule of costs, 'that the same constitute a separate lien against each of the three properties and that the City Clerk record such action, throu¢ih adoption of Resolution No.s 95-109, 95-110 and 95-111. ~~~n~V ~f ficer ATTACHMENT i Property Location Work Completed Cost 1776 Nisson Road cut weeds on lot clean up and remove debris Contract Subtotal (administrative cost 15%) Total Cost $ 250.00 600.00 850.00 127.50 $ 977.50 Bramalea Tract 13908 mow weeds hand work and remove debris Contract Subtotal (administrative cost 15%) Total Cost 2,380.00 800.00 3t180.00 477.00 $3,657.00 San Ramo ~Tract 13627 mow weeds hand work and remove debris Contract Subtotal (administrative cost 15%) Total Cost 609.00 600.00 1,209.00 181.35 $1,390.35 CONTRACT TOTAL (administrative cost total) GRAND TOTAL $5,239.00 785.85 $6,024.85 g: \n~j\reports\abt95001. rpt 0Ct S · 7:37 PAGE.002 I~IRCHASE ORDER PHONE (7t 4) s73..3ooo THE CITY OF TUSTIN PURCHASING DEPARTMENT 300 Centennial Way TUSTIN, CA 92680 o8/zi/9 [ o8/2[/9 F BOB McGRANN CONSTRUCTION, INC. 24492 Overlake Drive Lake Forest, CA 92630 ..J No. 024263 SUBMIT INVOICF_~ IN OUPt.lCATE TO ¢:INANCE DEPARTMENT. ~ HALL L ..J FIELD SERVICES 1472 Service R0ad_:.__Tq.s_~in, CA 92680 Att~: Ken :.(3.m- J Yt,~ I~R~,~ FOR ~ PAYM~' QUA~ UNIT DESCRIP~ON CI~ ACCOUNT UNIT PRICE TOTAL AMOUNT Weed Abatement due to Fire H~ard. ~ Work ~o include hand weedt~ along fenc ~ & ~..~.. wall lines,..par~ay and slopes and the complete removal of trash & debris. LOCATIONS: - On ~isson Road 43240112 ~ 13908 Br~lea $3,180.00 ~ 13627 Lot 26 Sam ~o $1,209.00 010-400-4040-( 660 . SALES ,,,,, ,,, --,,, ,,., , , Grand Total Amount $5. ~_239.00 TERMS AND CONDmON$ ACCEPTANCE: ~c~ ~ ~R [ ~K~ NO ~~IONSAND~ NOT PMENT: ~WL F~M ~RCH~ING AGEN%. I~ OR~E~ ~NNOT BE FILLED ~TH. ~ O~Y. ADV(SE AT ~C~ QUANTITIES: oEuv~m~s MAD.¢ ON THIS ORDER MU'ST NOT i[XCEF_D THE SHOWN W~H~ ~IOR APP~YAL OF TH~ ~~,NG DEPARTmeNT. CORRESPONDENCE: COR~S~ND~N~ RE~TINO TO THIS ORDER SHOU~ m THE ~RCHASING DEPARTMENT, FREIGHT CHARGES' FRDIG~ CHARG~ MUST BE PREDAtD ON ~L MATERIAL D.O.~. DESTINATION. 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 RESOLUTION NO. 95-109 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 PUBLIC NUISANCE WHEREAS, pursuant to Article 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 public nuisance at 1776 Nisson Road, and; WHEREAS, upon the failure of the respective property owners to cause the abatement, the City has entered into a contract to abate the nuisance at a cost to the City of $850.00, plus administrative costs of $127.50, for a total of $977.50; 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. NOW, THEREFORE, BE IT RESOLVED that the City Council held a public, hearing on the matter and hereby directs the City Clerk of the City of Tustin to place a special assessment on Assessor's Parcel No. 432-401-12, also known as 1776 Nisson Road, in the amount of $977.50, to recover the cost incurred by the City of Tustin in the abatement of a public nuisance. PASSED and ADOPTED by the City Council of Tustin this 20th day of November, 1995. JIM POTTS Mayor Pamela Stoker, City Clerk 10 11 12 13 14 15 16 17 18 ¸19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 95-110 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ASSESSING THE PROPERTY LOCATED AT TRACT 13908 FOR THE COST INCURRED BY THE CITY FOR THE ABATEMENT OF A PUBLIC NUISANCE WHEREAS, pursuant to Article 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 public nuisance at Tract 13908, and; WHEREAS, upon the failure of the respective property owners to cause the abatement, the City has entered into a contract to abate the nuisance at a cost to the City of' $3,180.00, plus administrative costs of $477.00, for a total of $3,657.00; 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. NOW, THEREFORE, BE IT RESOLVED that the City Council held a public hearing on the matter and hereby directs the City Clerk of the City of Tustin to place a special assessment on Tract 13908, Assessor's Parcel No.s 501-121-01 through 501- 121-31, and 501-121-35 throUgh 501-121-39, and 501-121-59 and 501-121-60, and 501-121-62 through 501-121-64, and 501-121-68 through 501-121-70; also, 501-131-01 through 501-131-29, and 501-131-34, and 501-131-36 through 501-131-38, in the amount of $3,657.00, to recover the cost incurred by the City of Tustin in the abatement of a public nuisance. PASSED and ADOPTED by the City Council of Tustin this 20th day of November, 1995. JIM POTTS Mayor Pamela Stoker, City Clerk 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 95-111 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ASSESSING THE PROPERTY LOCATED AT TRACT 13627, LOT 26 FOR THE COST INCURRED BY THE CITY FOR THE ABATEMENT OF A PUBLIC NUISANCE WHEREAS, pursuant to Article 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 public nuisance at Tract 13627, Lot 26; and WHEREAS, upon the failure of the respective property owners to cause the abatement, the City has entered into a contract to abate the nuisance at a cost to the City of $1,209.00, plus administrative costs of 181.35, for a total of $1,390.35; 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. NOW, THEREFORE, BE IT RESOLVED that the City Council held a public hearing on the matter and hereby directs the City Clerk of the City of Tustin to place a special assessment on Tract 13627, Lot 26, in the amount of $1,390.35, to recover the coSt incurred by the City of Tustin in the abatement of a public nuisance. PASSED and ADOPTED by the City Council of Tustin this 20th day of November, 1995. JIM POTTS Mayor Pamela Stoker, City Clerk