HomeMy WebLinkAboutPH 3 PUBLIC NUISANCE 06-03-91PUBLIC HEARING N0. 3
6-3-91
-)ATE: JUNE 3 n t e' r- c on
1991
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: DECLARATION OF PUBLIC NUISANCE - 1001 AND 1011 EL C
AMINO REAL
RECOMMENDATION
It is recommended that the City Council approve Resolution No. 91-
79 declaring the property located at 1001 and 1011 E1 Camino Real
a public nuisance pursuant to Section 5501 et seq of the Tustin
City Code.
BACKGROUND
On May 20, 1991, staff presented a report to the City Council in
order to gain the approval of Resolution No 91-66 declaring the
intent to hold a public hearing to determine if the conditions at
the property located at 1001 and 1011 E1 Camino Real constituted a
public nuisance. Council originally expressed concerns regarding
the subject property at their meeting on November 7, 1988 and the
Community Development Department investigated these concerns and
found that code violations were present. The property owner was
notified of the code violations on 11/23/88, 5/11/90, 7/13/90 and
8/16/90. The property owner was notified that the following
conditions renders the property in violations of the Tustin City
y
1. Miscellaneous debris, weeds, cement and crushed rock
throughout the property.
2 • "Karl's Mercedes Shop" pole sign is 'in a deteriorated and
unsightly condition.
3• Service station is deteriorated and unsightly.
On November 271 1990 the property owner did obtain demolition
permits and paid all the fees and bonds necessary to demolish the
abandoned office, warehouse and gas station buildings. Due to the
discovery of asbestos in the office building and Council's denial
Of compensation for the asbestos removal, the property owner
requested a refund of all permit fees and bond and withdrew his
intent to clear the site.
City Council Report
Re: 1001 and 1011 E1 Camino Real
June 3, 1991
Page 2
On February 12, 1991 the City again began its attempts to bring the
property into compliance by sending the property owner a Notice and
Order. The property owner to take the following action:
1. Clear and maintain property of all miscellaneous debris,
weeds, broken cement and crushed rock. It is recommended
that your property be cleaned every 5 to 6 months.
2. Pole sign needs to be removed.
3. Service station needs to be demolished.
A reminder was sent on April 10, 1991 stating that the above
corrections needed to be made by April 20, 1991.
On May 28, 1991 the property owner requested an extension of the
demolition permit regarding the gas station. An extension was
granted with a deadline of July 3, 1991. It appears that with this
extension the owner may begin compliance work on the site.
Even if demolition activity begins prior to June 3, 1991, it would
be staff's position that the attached resolution should be adopted.
Upon the adoption of Resolution No. 91-79 by the City Council, the
property's owner will be required to abate the nuisance within
thirty (30) days from the date of the resolution. If the
property's owner fails to do the required clean-up to bring the
property into compliance, the City can then obtain bids for
demolition and order abatement of the public nuisance. This
resolution will also allow the City to initiate the proceedings for
the placement a lien against the property to recoup the costs of
demolition plus all administrative expenses incurred in the removal
of the public nuisance.
CONCLUSION
Based on the action taken by staff to date and because conditions
still exist on the property as a nuisance, staff recommends that
Council adopt Resolution No. 91-79 which states both the violations
and the steps required to abate the conditions.
Dana Ogdon
Senior Planner
DO:kd\1001ecrl.ccr
Christine A. Shin ton
Assistant City Manager
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RESOLUTION NO. 91-79
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF TUSTIN, CALIFORNIA,
DETERMINING THAT CERTAIN CONDITIONS
ON THE PROPERTY LOCATED AT 1001 AND
1011 EL CAMINO REAL CONSTITUTE A
PUBLIC NUISANCE AND HEREBY ORDERING
THE ABATEMENT OF SAID NUISANCE
The City Council of the City of Tustin does hereby finds
and determines as follows:
WHEREAS, City of Tustin staff have received numerous
citizen property maintenance complaints regarding the
property located at 1001 and 1011 El Camino Real
(Assessor Parcel Number 500-151-01, 02, 03); and
WHEREAS, investigation by City staff has revealed
that the property is in violation of Section 5501 of the
Tustin City Code for the following reasons:
1. Accumulation of miscellaneous. debris,
weeds, broken cement and crushed rock
strewn throughout the property; and
2. "Karl's Mercedes Shop" pole sign is in a
deteriorated and unsightly condition; and
3. The service station building is
abandoned, deteriorated and unsightly;
and
WHEREAS, City staff have on several occasions
attempted without success to obtain the voluntary
cooperation of the property's owner to eliminate the
violation and have requested the property's owner to
perform appropriate methods of nuisance abatement; and
WHEREAS, the property owner of the subject property
was duly notified of the public hearing date via
certified mail, return receipt requestedl and by a
physical posting of the public notice on the property;
and
WHEREAS, that the condition on the property located
at 1001 and 1011 El Camino Real are still present and
have been determined to -constitute a public nuisance; and
WHEREAS, Article 51 Chapter 5, of the Tustin City
Code provides proceedings for the abatement of property
maintenance violations by the City when determined by the
City Council to constitute a public nuisance; and
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11 Resolution No. 91-79
2 Page 2
3 WHEREAS, the City Council on June 3, 1991 held a
public hearing to determine whether the condition of the
4 property at 1001 and 1011 E1 Camino Real constitutes a
5 public nuisance; and
NOW, THEREFORE BE IT RESOLVED that the City Council
.6 hereby declares that the condition of the property at
1001 and 1011 E1 Camino Real constitutes a public
7 nuisance, and orders that the following actions be taken
by the property owner within thirty (30) days from the
8 date of this Resolution.
9 1. Clear property of all miscellaneous
debris, weeds, broken cement and
10 accumulated crushed rock; and
11 2. Remove pole sign; and
12 3. Demolish service station; and
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BE IT FURTHER RESOLVED THAT the City Council hereby
14 directs that if the order to abate the public nuisance,
promulgated in this Resolution, has not been completed
15 within the time period abated, the City shall immediately
cause the same to be abated by City personnel or private
16 contract. The owner of the property at 1001 and 1011 El
Camino Real shall. "become liable to the City for all costs
17 of such abatement including administrative costs.
However, if the nature of the abatement and continual
18 maintenance of the site is questionable, the City
Attorney may initiate legal proceedings to - gain
19 compliance as determined necessary. Recovery of any of
these costs will be attained through a special assessment
20 against the parcels. After the assessment is confirmed,
21 it shall be alien on the property.
PASSED AND ADOPTED at a regular meeting of the Tustin
22 City Council, held on the 3rd of June, 1991.
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MARY E. WYNN, City Clerk
CHARLES E. PUCKETT, Mayor