HomeMy WebLinkAboutOB 2 PUBLIC NUISANCE 05-20-91OLD BUSINESS NO. 2
AUL
5-20-91
Inter -Com
DATE: MAY 20, 1991
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: DECLARATION OF AN INTENTION TO CONDUCT A PUBLIC HEARING FOR A
PUBLIC NUISANCE AT 1001 AND 1011 EL CAMINO REAL
RECOMMENDATION
It is recommended that the City Council approve Resolution No. 91-
66 declaring the City's intent to hold a public hearing on June 3,
1991, for the purpose of determining whether the condition of the
property located at 1001 and 1011 El Camino Real constitutes a
public nuisance pursuant to Article 5, Chapter 5 of the Tustin City
Code.
BACKGROUND
Over the past three (3) years, Community Development Department
staff has been actively pursuing the enforcement of a property
maintenance violation at 1001 and 1011 El Camino Real. The site is
a former Southern Counties Oil Company facility and an abandoned
Karl's Mercedes Shop on the northeasterly corner of Newport Avenue
and El Camino Real. Several citizen complaints have been received
during that time regarding the unsightly and potentially dangerous
condition of the property.
Staff investigation of these complaints has revealed that the
property's owner is in violation of Section 5501 of the Tustin City
Code for allowing the following conditions:
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. (Staff have not at this time ordered any
corrective action on the abandoned office building or
warehouse on the site which has been less visible from
the intersection of E1 Camino and Newport.)
City Council Report
Re: 1001 and 1011 El Camino Real
May 20, 1991
Page 2
The investigation also confirmed that the weeds, debris and
abandoned service station may constitute a potential fire hazard;
that the pole sign may be structurally unsound due to its
deteriorated condition, which also may constitute a potential
safety hazard; and that the grounds present a potentially
dangerous attraction to children living nearby.
Staff has attempted to obtain the voluntary cooperation of the
owner through the mailing of four (4) written requests (11/23/88,
5/11/90, 7/13/90 and 8/16/90) that the property maintenance problem
be eliminated. As a result of staff efforts, the property owner,
on November 27, 1990, did obtain the demolition permits and paid
all the fees and bonds necessary to demolish the abandoned office,
warehouse and gas station buildings. However, prior to
commencement.of demolition work activities, it was discovered that
asbestos was present in the office building. The property owner
formally requested that the City of Tustin compensate him for
removal of the asbestos. Once the City Council denied compensation
for the asbestos removal (January 7, 1991), the owner requested a
refund of all permit fees and bonds and withdrew his intent to
clear the site. The City has refunded a portion of the permit fees
and the entire demolition bond for the office building and
warehouse. However, the fees and bonds related to the demolition
of the gas station have not been refunded since there are
outstanding code violations on the property.
On February. 12, 1991, the City renewed its efforts to obtain
compliance through the delivery by certified mail, a Notice and
Order requiring the elimination of the violation within 60 days (by
April 20, 1991). In these letters, the property owner was
requested 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.
Finally, the City sent a reminder Notice and Order to the owner on
April 10, 1991. To date, no action has been undertaken by the
owner to bring the property into compliance with City Code as
required.' It should be noted that the permit to demolish the gas
station will expire, effective May 27, 1991, and that the owner
will be required to obtain new permits and pay any related fees to
continue with building removal after that date.
City Council Report
Re: 1001 and 1011 E1 Camino Real
May 20, 1991
Page 3
DISCUSSION
Article 51 Chapter 5, of the Tustin City Code establishes
provisions for the abatement of public nuisances recognized to
exist within the City. Whenever the staff is unable to obtain
voluntary cooperation of a violating owner, and in place of
pursuing lengthy and costly litigation, the City has within its
police power authority the ability to: 1) declare it a public
nuisance; 2) order its immediate abatement through the use of
City or contractual personnel; and 3) recoup the costs involved
through the assessment of a lien on the property. A summary of the
steps involved to implement the provisions of Article 5, Chapter 5,
are as follows:
1. Council to adopt resolution declaring the intent to
conduct a public hearing on the matter.
2. Public notices are mailed, posted on the property and
delivered to the property owner.
3. Public Hearing with City Council.
4. Council to adopt resolution declaring the premises a
public nuisance and ordering the property owner to
eliminate the violation within a specified period of
time. The resolution shall also specify the corrections
needed, abatement methods warranted and provide for the
City's elimination of the nuisance upon failure of the
owner to comply.
5. Resolution delivered to property owner. Failure of the
owner to comply with the resolution adopted by Council
will result in the immediate abatement of the nuisance by
the City.
6. Costs of abatement performed by the City are reviewed by
Council and assessed as a lien against the property
pursuant to Sections 38773.5 and 25845 of the Government
Code.
City Council
Re: 1001 and
May 20, 1991
Page 4
CONCLUSION
Report
1011 E1 Camino Real
Based upon the unsuccessful Code Enforcement actions taken by staff
thus far, it is recommended that the Council adopt Resolution No.
91-66 to initiate the formal abatement proceedings pursuant to the
Tustin City Code.
Paula S gen
Code Enforce ent Officer
PS:kd\1001elcr.ccr
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Christine A. Shin eton
Assistant City Manager
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RESOLUTION NO. 91-66
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, DECLARING THE INTENTION
TO CONDUCT A PUBLIC. HEARING TO DETERMINE
WHETHER THE CONDITION OF THE PROPERTY LOCATED
AT -1001 AND 1.011 EL CAMINO, REAL CONSTITUTES A -
PUBLIC NUISANCE:TO BE.ABATED.
The City Council of the City of Tustin does hereby
resolve as follows:
WHEREAS, City of Tustin staff have received numerous
citizen property maintenance complaints regarding the
property located at 1001 and 1011 E1 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 the following appropriate methods of abatement:
1. Clear property of all miscellaneous
debris, weeds, broken cement and
accumulated crushed rock; and
2. Remove pole sign; and
3. Demolish service station; and
WHEREAS, Article 5, 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.
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NOW, THEREFORE BE IT RESOLVED that the City Council
hereby declares an intention to conduct the public
condhearing
on June 31 1991, to ascertain whether
tion of
the property at 1001 and 1011 E1 Camino Real constitutes
a public nuisance, the abatement of which is appropriate
under the police power of the City.
PASSED AND ADOPTED at a regular meeting of the
Tustin City Council held.on the 20th day of May, 1991.
CHARLES PUCKETT, Mayor
MARY E. WYNN, City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN }
MARY E. WYNN, City Clerk and ex -officio rC Clerk theCity
Council of the City of Tustin, California, does
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. 91-66 was duly and regularly
introduced, passed and adopted at a regular meeting of
the City Council held on the 20th day of May, 1991, by
the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
Mary E. Wynn, City Clerk
vsT` City
April 10, 1991
of Tustin.
FI -LE COPY
Community Development Department
Frank Greinke
P.O. Box 4159
Orange, CA 92613
SUBJECT: 1001 AND 1011 EL CAMINO REAL
Dear Mr. Greinke:
Attached is a copy of the Notice and Order you received on February
190, 1991. To avoid the City initiating formal abatement
proceedings, corrections will need to be made by April 2.0, 1991.
Sincerely,
Paula Sargent
Code Enforcement Officer
PS:kd\greinke.ltr
Attachment
300 Centennial Way • Tustin, California 92680 • (714) 544-8890
yam COPY
' e 0 f Tustin
City o
Community Development Department
February 12, 1991 1 CERTIFIED MAIL #P087 435 149
Frank Greinke
P.O. Box 4159
Orange, California 92613
Dear Mr. Greinke:
NOTICE AND ORDER
Subject Property: 1001 and 1011 El Camino Real
Tustin, California 92680
Legal Description: Lots 13 through 18, Block C, Martins
Addition Miscellaneous Map Books 2-27
Assessor's Map Book 500, Page 151 Parcel 01, 02 and 03.
As you are aware, the City of Tustin has previously
removal ofsed-
the
removal of crushed rockmiscellaneous Auto signor,s and A building permit was
abandoned gas station and Karl'
obtained for the gas station's demolition on November 27, 1990.
Unfortunately, it appears that no additional work has been
completed on the site. In response to additional lollcomplaints,
Camino
site inspection was made of the properties at 100
Real on November 13, 1990 revealing the continued presence of a
public nuisance and is a violation of Section 5501 of the Tustin
Municipal Code. The conditions which render this property in
violation of the City Code are as follows:
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.
The following corrections must be made within sixty (60) days from
receipt of this letter.
1. Clear and maintain property of all miscellaneous
debris,
weeds, cement and crushed rock. It is recommended
your property be cleaned every 5 to 6 months.
300 Centennial Way • Tustin, California 92680 9 (714) 544-8890
Letter to Mr. Frank Greinke
Re: 1001 and 1011 E1 Camino Real
NOTICE AND ORDER
February 12, 1991
Page 2
2. Pole sign needs to be removed.
3. Service station needs to be demolished.
You have requested in writing why the City cannot refund your
demolition permit fees and bond on the gas station. I understand
that pursuant to your agreement and conversation with the City
Manager, the City_r-efunded a portion of the permit fees and your
entire demolition bond for the building at 1011 El Camino Real
(which includes warehouse and former City Hall). However, since
there are currently those outstanding corrections identified in
this letter present on the property, which the property owner is
responsible for, the City staff cannot refund your permit fees or
bonds for demolition of the gas station. Any new owner would also
be required to post a new bond in order for the permits to be
transferred to his name. Once this transfer has been completed,
your bond can then be refunded. At this time our records reflect
that you are still the current property owner.
Your failure to make the above corrections will result in the City
initiating formal abatement proceedings. Please note that
violations of the Municipal Code are misdemeanors subject to
citation for each day said violation exists. Upon conviction, a
violator could be subject to up to $500.00 fine or six (6) months
in jail. Your immediate attention to this matter is necessary.
Should you have any "estions or require additional information,
please do not hesitate to call between 11:00 a.m. and 5:00 p.m.
weekdays at (714) 544-8890, extension 277.
Sincerely,
Paula""Sargent
Code Enforcement Officer
PS:kbc\greinke
cc: William A. Huston
James Rourke, City Attorney
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City of Tustin
Community Development Department
August 16, 1990
Mr. Frank Grienke
Southern Counties Oil
1825 W. Collins
P.O. Box 4159
Orange, California 92613-4159
Dear Frank:
The City has recently received some inquiries about the status of
future development at 1011 E1 Camino and the current physical
condition of the property. In response, I contacted L. A. Land
Company who indicated that they cannot pursue development until the
County releases the site based on current remediation. I
understand based on conversations with Joyce Krall, that this
could take some time. However, the present condition of the
property is apparently of some concern to residents and businesses
in the area. I would, therefore, appreciate meeting with you to
discuss the following:
1. A schedule for removal of crushed rock and miscellaneous
debris from the site.
2. A schedule for removal of the abandoned gas station and
Karl's Auto sign at the corner of El Camino Real and Main
Street and other abandoned and partially demolished
structures on the site.
Please give me a call as soon as possible to discuss the above.
Thanks. I look forward to hearing from you.
Sincerely, •
Christine Shingleton
Director of Community Development
CAS:kf/grienke.cas
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City of Tustin
Community Development Department
July 131 1990
Mr. Frank Greinke
P.O. Box 4159
Orange, CA 92613
SUBJECT: 1011 E1 Camino Real, Tustin
Dear. Mr. Greinke:
A reinspection of your property located at 1011 E1 Camino Real was
conducted by a City of Tustin representative and as a result,
compliance with our request dated May 11, 1990, has been found. W
want to thank and commend you for e
Y your prompt cooperation.
Sincerely,
t
Anne E. Bonner
Planning Technician
AEB:ms/comp
300 Centennial Way • Tustin. California 92680 • (714) 544-8890
� City of Tustin
May 11, 1990
Mr. Frank Greinke
P.O. Box 4159
Orange, CA 92613
SUBJECT: 1011 EL CAMINO REAL, TUSTIN
Dear Mr. Greinke:
Community Development Department
As a property owner in the City of Tustin, you have an important
role in making our community a nicer
and play. Certain
conditions
place in which to
have been noticed
live work
located at 1011 E1
by City staff on May
Camino Real
4,
at your
and were confirmed by an
prop
inspection
1990.
be in violation of the Tustin
The following condition
Municipal
appears t
to
Code:
1. Weeds and rubbish throughout property.
We kindly request that you undertake the following action
correct this condition: to
1 • Clear property of weeds and rubbish and dispose of debris
properly.
Although there are plans submitted with our department and although
soil clean-up work is underway,thegh
maintained free of such nuisances duringpropertythis interimshould continue to be
inspector will reinspect the property on May 23, 1990toedete An
if the corrections have been made, determine
Your cooperation in this matter. Should wyoudhavegreaaly appreciate
please contact me at (714) 544-8890, extension 277, any questions,
Sincerely,
Anne E. Bonner
Planning Technician
AEB:ms/stand
300 Centennial Way • Tustin, California 92680 9 (714) 544-8890
V
City of Tustin
November 23, 1988
Mr. Frank Grei nke
230 South "A" Street
Tustin, CA 92 680
Dear Mr. Grei nke :
Community Development Department
As a property owner in the City
of Tustin, you have an important role
in making our
community a nicer
place in which
to live.. work and play. In response
to complaints
from the City Council
at their
meeting on
November 7th, certain conditions have
been noticed at
your property
located at
1001 and 1011 El Camino
Real and were
confirmed by an
inspection by
City staff
on November 15, 1988.
The following
conditions appear
to be in violation
of the
Tustin Municipal Code:
1. Debris and storage containers are located on the property which needs to
be removed.
2. Service station building is unsightly and is in need of maintenance
(i.e. broken windows, exterior paint finish) or demolition.
3. The excavation at the rear of the service station building creates a
hazardous, unsightly condition as well and should be filled if all
clearances have been obtained from the Health Department.
4. The existing pole sign is in a deteriorated, unsightly condition and
should be removed.
It appears that the building demolition and excavation at the site has been
abandoned. We understand the property is in escrow but are not aware that
ownership has changed. In the event that it has, please inform us so that we might
contact the current owner. Please notify the Community Development Department of
the status of this project and correct the above conditions in order to conform
with the Municipal Code. An inspector will reinspect the property on December 20,
1988 to determine if the corrections have been made. We would greatly appreciate
your cooperation in this matter. Should you have any questions, please contact me
at ( 714) 544-8890, ex ten ti on 2 73 .
Sincerely,
i
Eric Haal and
Assistant Planner
EH:jk
cc: William Huston
300 Centennial Way • Tustin, Califomia 92680 • (714) 544-8890