HomeMy WebLinkAboutCC 11 ABATE PUB NUIS. 10-07-91CONSENT CALENDAR NO. 11
10-7-91
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,TE: OCTOBER 7, 1991 nte i--(',,oni
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: RECOVERY OF CITY COSTS FOR THE ABATEMENT OF A PUBLIC NUISANCE
AT 170 EL CAMINO REAL
RECOMMENDATION
That City Council confirm the schedule of costs associated with the
abatement of weeds and debris and direct that the same constitute
an assessment against the subject property.
BACKGROUND
On April 5, 1991 Martin J. Perfit, owner of the vacant lot at 170
El Camino Real, was notified by mail of the existence of a public
nuisance violation at that location and was ordered to clear the
weeds, debris, and fill in a hole, which were observed at the
property. A City staff inspection, on April 25, 1991, revealed
that the property had not been cleared of the violations as
required. On May 6, 1991, Mr. Perfit was sent a second notice by
mail to clean his property of the weed and debris violations. A
reinspection, by City staff, on May 13, 1991, proved the violations
continued to be present. A Final Notice to Clean Premises was sent
by mail and posted on the vacant lot at 170 El Camino Real on May
30, 1991. That Final Notice warned the owner that failure to
remove the violation would result in abatement by the City at the
expense of the owner.
DISCUSSION
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 sent, on June 10,
1991, to the Public Works Department to clear Mr. Perf it' s property
of the violations. The work was completed by Custom Country
Landscaping on June 19, 1991 and invoiced to the City as follows:
City Council Report
Re: 170 El Camino Real
Page 2
October 7, 1991
Description Cost
Removal of wood and trash from site $261.00
(3 loads at $87.00 each)
Filling in hole 85.00
Removal of weeds on lot 297.00
Total amount due $643.00
CONCLUSION
That Council confirm the schedule of costs and direct that the same
constitute a lien -against the property.
ba-� o er. �r
Jan Weave
Code Enforcement Officer
JNW:CAS:staff170.jnw
attachment
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Christine Shingleton
Assistant City Manager
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931
RESOLUTION NO. 91-127
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, ASSESSING THE PROPERTY
LOCATED AT 170 EL CAMINO REAL FOR THE COST
INCURRED BY THE CITY FOR THE ABATEMENT OF A
WEED AND DEBRIS 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 weed
and debris nuisance at 170 El Camino Real; 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 $643.00; 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
hereby directs the Finance Director for the City of
Tustin to place a special assessment on Assessor's Parcel
No. 401-571-05 in the amount of $643.00 to recover the
cost incurred by the City of Tustin in the abatement of
a weed and debris nuisance at the property located at 170
E1 Camino Real.
PASSED and ADOPTED at a regular meeting of the
Tustin City Council, held on the 7th day of October,
1991.
Mary E. Wynn, City Clerk
Charles E. Puckett, Mayor
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Resolution No. 91-127
Page 2
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
CERTIFICATION FOR RESOLUTION NO. 91-127
MARY E. WYNN, City Clerk and ex -officio Clerk of the City
Council of the City of Tustin, California, does 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. 91-127 was duly and regularly
introduced, passed and adopted at a regular meeting of
the City Council held on the 7th day of October, 1991, by
the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
Mary E. Wynn, City Clerk
JW:kd\91-127.res