HomeMy WebLinkAboutCC 4 PUBLIC NUISANCE 01-03-89DATE: JANUARY 3. 1989
TO:
WILLIAM HUSTON, CITY MANAGER
FROM:
C~NITY DEVELOPMENT DEPARTMENT
SUBJECT:
DECLARATION OF INTENTION TO HOLD A PUBLIC HEARING FOR THE
PURPOSES OF DECLARING A PUBLIC NUISANCE-15751 CALIFORNIA STREET
RECOI~IENDATION
It is recommended that the City Council approve Resolution No. 89-2 stating the
intent to hold a public hearing for the purposes of declaring a public nuisance
at 15751 California Street.
BACKGROUND
Over the last 3 years, the Community Development Department has been receiving
complaints regarding the condition of the yard, fences and landscaping at 15751
California 'Street. This property contains a single family detached home which
is located in the R-1 Single Family Residential Zoning District. The property
is also surrounded by single family dwellings to the north, east, south and
west.
Generally, the complaints received by staff were regarding the condition of the
property. In an effort to abate the conditions, numerous letters were .sent to
Ms. Virginia Gochenour who is the property owner. Copies of these letters are
attached to this report for reference and provide examples as to the history of
code enforcement actions taken by the Community Development Department.
In response to the most recent complaints regarding the property, letters have
been sent requesting the property owner to remove the violations. To date, only
minor improvements have been noted, only for the problems to reoccur. According
to the Nuisance Abatement Regulations (Section 5500 et. seq.) in the Tustin
Municipal Code, a formal resolution must be approved by the Council to initiate
abatement proceedings. This resolution is for the purposes of describing the
violations on the property, listing the required actions needed to remove the
stated violations and to declare the City's intent to hold a public hearing to
formally declare the property to be a public nuisance.
ANALYSIS
In addition to the actions taken by City staff, this matter was also referred to
the City Attorney for further action. The City Attorney also sent
City Council Report
Public Nuisance
January 3, 1989
Page two
correspondence to Ms. Gochenour to request compliance. 'As of December 23, 1988
the property remains in violation of the City Code and complaints are still
being received in for the following reasons:
lo
Dead and missing landscaping in the front yard and parkways along
California Stheet and Medallion (Section 5501(9)e);
2. Broken and dilapidated fencing in the side yards facing California Street
and Meda 11 i on (Secti on 5501 ( 9)e );
3. Storage of weeds and various debris in front yard (Section's 5501(9)a and
4411)); and
4. Fallen fruit from orange trees in front yard scattered in public street and
neighboring properties (Section 4411).
Since abatement has not been achieved, staff has reviewed the City Code in
reference to public nuisance abatement procedures. Once code enforcement action
has been unsuccessful at the staff level, for~el action must be taken by the
City Council. Under the current provisions, the following actions should be
taken in sequence and according to the methods prescribed by the City Code and
State law:
1. Approval of a resolution which states the City's intent to hold a public
hearing to declare said property as a public nuisance.
Certified delivery of notice to property owner within 30 days of approval
of the resolution, but at least ten days prior to the date of the public
hearing.
3,
The approved resolution is posted on said property at least ten days pti'or
to the public hearing.
4. The intended public hearing is held for the Council's consideration of all
testimony and evidence and the Council declares whether or not the p~operty
is a public nuisance. If the property is found to be a public nuisance,
the Council then passes a resolution setting forth a 30 day abatement
period and listing the required actions by which the property owner must
clear said violation(s).
Should the Council approve the resolution declaring a public nuisance, this
resolution is served on the property owner. If abatement is not completed by
the property owner within the 30 day period, the City may .then cause to have
such action 'taken and assess all costs for clean-up, repair work and all
Corn rnunity DeveloPmenl Depsrlmenl
City Council Report
Public Nuisance
January 3, 1989
Page three
administrative costs upon the property owner. The City Council would also
review and approve the written report which states all costs prior to assessing
the property owner.
CONCLUSTON
Based upon the history of code enforcement action by staff in the past and the
recent failure of the property owner to respond to the recent requests for
action, staff recommends that the City Council approve Resolution No..89-2 which
lists the above mentioned violations and includes the following list of
requested abatement actions:
1. Removal of all weeds, litter, debris and fruit from the public street and
front/side yards;
2. Repair of all broken and missing fencing (grape stake) in side yards; and
3: Replace all dead/missing landscaping in front yard and adjacent parkways.
This resolution sets a date of February 6, 1989 for the purposes of conducting
the required public hearing pursuant to the Nuisance Abatement Regulations.
Lau~' C. Kuhn
Sent or P1 anner
LCK: CAS' ts
Attachments' Resolution No. 89-2
Letters to property owner
Christine A. Shingletor~
Director of Community~Development
Corn rnunity DeveloPment Depar~rnem
1
2
3
4
5
6
7
8
9
10
11
12
13
1.4
15
16
17
lS
19
2O
21
22
23
24
25
26
27
28
RESOLUTION NO. 89-2
A .RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, DECLARING THE INTENTION TO
CONDUCT A' PUBLIC HEARING TO ASCERTAIN WHETHER THE
CONDITION OF THE PROPERTY LOCATED AT 15751 CALIFORNIA
STREET (AP# 402-382-10) CONSTITUTES A PUBLIC
NUISANCE.
The City Council of the City of Tustln hereby resolves as follows:
I. The City Counctl hereby finds and determines as fo11°Ws:
A. Pursuant to section 5500 et. seq. of the Tustln City Code, and
based upon the recommendation of the Department of Community
Development, a public heartng should be conducted to deterntine
whether or not the condltton of the property located at 15751
California Street (AP# 402-382-10) constitutes a publtc
nuisance.
B. The following conditions of the property are as follows:
.
Dead and missing landscaping in the front yard and parkways
along California Street and Medallion (Section 5501(9)e);
.
Broken and delapttated fencing in the site yards facing
California Street and Medallion (Section 5501(9)e);
3. Storage of weeds and various debris in front yard (Sections
5501(9)a and 4411)); and'
Fallen fruit from orange trees in front yard scattered in
public street and neighboring properties' (Section 4411).
C. The recommended methods of abatement are as follows:
.
Removal of all weeds, litter, debris and fruit from the
public street and front/side yards;
.
Repair of all broken and missing fencing (grape stake) in
side yards; and
3. Replace all dead/missing landscaping in front yard and,
adjacent parkways.
1
2
3
4
5
6
7
8
9
10
11
12
.13
1.4
15
16
17
18
19
2O
21
22
23
24
25
26
27
28
Resolution No. 89-2
Page two .
II.
The City Council hereby authorizes a public hearing concerning the
property at 15751 California Street (AP# 402-382-10) to be conducted
on February 6, 1989.
PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on
the day of , 1989.
Ursula E. Kennedy
Mayor
Mary wynn,
city Clerk
December 8, 1988
Ms. Virginia Gochenour
15751 California Street
Tustin, CA 92680
RE: Your Property at 15751 California Street, Tustin, CA
Vi'olation of Tustin City Code Section 5501(9) & (10)
Dear Ms. Gochenour:
On September 2, November 16, and December 2, 1988, the City
of Tustin notified you of certain conditions of the above
referenced property which, constitute violations of the Tustin
Municipal Code, Sections 5500 et seq. In the City's last letter
to you, dated December 2, 1988, you were alerted to the
f oll owing:
1. Unmaintained and dead grass/ground cover on front yard
and parkways, facing California Street and Medallion.
2. Fencing facing street between side yard and adjoining
property at 15741 California Street in need of replacement or
repair.
As City Attorney for the City of Tustin, our office has been
requested to commence abatement proceedings against the
aforementioned conditions of your" property. We have recommended
that this matter be scheduled for a public hearing before the
City Council to have your property declared a public nuisance.
In the event the property is declared a public nuisance, the cost
of making the necessary repairs and all administrative co. sts
incurred by the City in order to insure compliance with the
City's code will be assessed as a lien against the property.
..
It is in' your best interest, as the property owner, to
resolve this problem immediately by commencing the necessary work
to the proper~y and providing notice to this office or te the
staff of the Community Development Department of the commencement
of such work. The City's staff can be reached at 544-8890. Ask
for Laura Kuhn or Ron Reese.
300 Centennial Way · TuStin; California 92680 · (714) 544-8890
Mrs. Virginia Gochenour
Page Two
December 8, 1988
If you have any questions in regard to this matter, please
do not hesitate to contact me.
Very truly yours,
Deputy City Attorney
LEJ: rr :D: 12/6/88 (365m)
cc: Laura Kuhn/ Ron Reese
Christine Shingleton
City of Tustin
December Z, ].988
Community Development Department
CERTIFIED MAIL P 136 061 750
Ms. Virginia Gochenour
15751 California Street
Tustin, CA 92680
SUBJECT.-. VIOLATION OF TUSTIN CITY CODE SECTION 5500 (ET. SEQ) AT 15751 CALIFORNIA
STP, I[ET, llJSTIN
Dear Ms. Gochenour:
Please refer to the previous correspondence from the Community Development
Department dated September 2 and November 16, 1988 regarding the condition of the
subject property (copies enclosed). On November 30, 1988 an inspection was made
and photographs were taken of the property recording the status of the violations.
To date, the property remains in violation of Section 5500 of the Tustin Municipal
Code. The following items are considered a violation of this code and constitute a
publ i c nuisance:
®
unmatntatned and dead grass/ground cover on front yard and parkways facing
California Street and Medall ion.
·
Fencing facing street between side yard and adjoining property at 15741
California Street in need of replacement or repair.
Failure to respond tO our previous requests for compliance with these i tmes has
resulted in forwarding this matter to the City Attorney for initiation of legal
proceedings. Such proceedings may result in issuance of a misdemeanor citation
which is punishable by up to six (6) months in jail and/or a $500.00 fine.
Sincerely,
Laura C. K uhn
Senior Planner
LCK:jk
Enclosures
'~c: Christine Shingleton
Ron Reese
City Attorney
300 Centennial Way · Tustin, California 92680 · (7.14) 5d~.-8890
City of Tustin
November 16, 1988
Community Development Department
¢£RTIFI£D MAIL P 110 344 088
Ms. Virginia Gochenour
15751 California Street
Tusttn, CA 92680.
$U~ECT: PUBLIC #UISANCE- UNKEPT CONDITION OF PREMISES
Dear Ms. Gochenour:
TUSTIN CODE ¥IOLATION
WA~ING NOTIC[
Loca ti on:
15751 California Stmeet
Tustin, CA 92680
ou recen:ly received a Public Nuisance Notice da.ted September. 2, 1988 concerning
the malntenapce of your property at 15751 California Streel:. I1: appeared from a
retnspectlon of your property on September 10, 1988 that some attempt was in
progress to address'the concerns of the City (i.e. pick up fruit, trim bushes,
repair fence'etc.).. As of this date any progress which had been made is no longer
evident.
The City realizes that not everyone has the same idea on what constitutes proper
property maintenance. It is, however, easily discernible that your property in no
way reflects the upkeep of your surrounding neighbors property and is therefore
detrimental to the property value of others and constitutes a Public Nuisance.
.In order to bring your property into conformance, the following actions shall be
ta ken:
1. All bushes trimmed.
2. All weeds removed.
3. Front lawn and parkway, in front and side of property, should be sod,d,
seeded or planted with groundcover and a watering program inital~ed.
.
.
Driveway and sidewalk should be swept and kePt clean.
Repair sideyard fence between your property and 15741 California Street.
Area under orange tree in front yard should be maintained and kept free
of fruit and leaf buildup.
300 Centennial Way · Tustin, California 92680 · (1714) 5~.d-8890
lovember .16, 1988
~arnlng' No~,i ce
15751 California S~ree~.
Page ~wo
This Warning Notice is to inform you that a City Inspector will make a reinspec=ion
of the above mentioned property on November 30, 1988 to determine if the necessary
corrections have been made or are in progress. If upon inspec=ion, the necessary
corrections have not been made or are not in progress, formal legal ac=ion will be
initiated to insure compliance.
This Warning No=ice is written as a courtesy to you. Should you have any questions
or require additional Information, please conl~c= =his office a= (714) 544-8890,
exten=tons 257.
Sincerely,
Ron Reese
· ~ Associate Planner
RR:jk
City of Tustin
September 2, 1988
Community Development Department
t'
Ms~ Vtrgtnta Gochenour
15751 Ca11 fornla Street
Tusttn, CA 92680
SUBJECT: PUBLIC NUISANCE - UNKEPT CONDITION OF PREMISES
Dear Ms. Gochenour:
As a resident and/or property owner in the City of Tustin, you have an Important
role In making our community a ntcer place in which to 11ye, work and play.
Certain conditions have been noticed at your property located at 15751 California
Street and were confirmed by an inspection by City staff on September 1, 1988. The
following conditions appear to be in violation of the Tustin Municfpal Code:
1. Front lawn dead, overgrown bushes.
Rotting fruit scattered on front lawn.
'Side fence facing Medallion Street in need of repair.
We kindly request that you undertake the following actions to correct these
conditions:
1. Water and mow front lawn and trim bushes.
2. Remove. rotten fruit from front lawn.
3. Repair side fence facing Medallion Street.
An inspector will reinspect the property on September 10, 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,
extenti on 257.
Si ncere ly,
Ron Reese,
Acting Associa-te Planner
RR: ts
300 Centennial Way · Tustin, California 92680 · (714) 544-8890
City of Tustin.
Community Development Departmem
September 28, .1987'
Ms. Vtrgtnta Gochenovr
15751 California
Tusttn, CA 92680
SUBJECT: CONDXTION OF PROPERTY OF 15751 CALXFOR#]A STREET, TUSTIN.
Dear Ms. Gochenovr:
~'he Community Development Department has received several complaints regarding the
~;ubject property. On September 21, 1987 a field inspection was conducted and the
'~ollowtng violations were found:
.!. Vegetation on side yard over the public sidewalk.
2. Unkept landscaping in the front yard setback.
3.
Gutter in front of the house is full of debris. The street sweeper is unable
to get to the area because cars are continually parked on the street during
the hour of street sweepting.
Please be advised that the tree in the side yard need to be cut back so it i's not
hanging over the fence. The front yard needs to be clea~-ed of any dead or dried
~eeds. If the cars are owned by you please make sure that they are not on the
'.street during the designated street sweeping hour. The subject project must be
brought into compliance within ten (10) days of receipt of this notice. Further
· Inspections will be made to ensure compliance.
F. nclosed for your information is a copy of the Tustin City Code regarding public
nuisances. If you should have any questions, please contact the Community
Development Department.
Sincerely,
Cheryl P'engue,
Code Enforcement Officer
CP.: ts
300 Centennial Way · Tustin, California 92680 · (714) 544-8890.
October 24, 1986
t ~ 7
!
;
Department of Community Development
Ms. Virginia Gochenour
15751 Cal i fornt a Street
Tustin, CA 92680
SUIMECT: CONDI'r/oI OF PROPERTY AT 157S1 CALIFORNZA STREET, TUSTIN.
Dear Ms. Gochenour:
**
As a result of complaints received by this department, an inspection has been
made at 15751 California Street. In the past there has been temporary
complta.nce, .to keep the property in good order, but it has returend to an
unsightly condition.
The violation that has been found at the subject property is as follows:
1. Overgrown vegetation, including weeds and trees covering the front
of the house as well as growing over the rear fence into the public
ri ght-of-way.
Please be advised that all overgrown weeds and trees must be trimmed within
seven (7) days of this notice. In attempt to maintain the appearance of the
property, further inspections will be conducted.
Sincerely,
Cheryl Pengue
Code Enforcement Officer
CP: jd
,lune~ ¢, 1986
Department of Communi.ty Development
CERTIFIED MAIE
~P 136 061 932
Ms. Yt tgi nta Gochenour
15751 California Street
Tusttn, CA 92:680
SUBdECT: CONDITION OF PROPERTY AT 15751 CALIFORNIA STREET, 'rusTIN
Dear Ns. Gochenour:
Over the past' few years, numerous letters have been sent to you
regarding the condition of the subject property. Many complaints have
been received from Tusttn residents regarding the' prope*rty and only
temporary compliance has been obtained, only to see the property to
return to an unsightly condition.
OnCe again, the subject property has been found to be in violation of
Tusttn's Public Nuisance Code. These violations are as follows:
1. Overgrowth of vegetation, includes weeds and trees growing over
the rear yard fence and into the public right-of-way;
2. Parking of vehicles in the public right'of-way for over 72 hours.
Please be advised that all overgrown trees, weeds and grass must be
trimmed and the VW van moved within ten (10) days of this notice.
Failure to comply with this request will result in initiation of
publ i c nuisance abatement proceedings.
In an attempt to maintain the appearance of the property, routine
inspections will be conducted. Further violations will be considered
immediately for public nuisance abatement due to the numerous
violations that have only been temporarily abated.
Sincerely,
LAURA CAY PICKUP
Assistant Planner
LCP:em
.Enclosure: TCC 5500
300 Centennial Way · Tustin,- California 92680 · (714) 544-8890
April 10, 1986
Department of Community Developme~it
Vtrgtnta Gochenour
15751 California Street
Tusttn, CA 92680
SUBJECT: VIOLATION OF TUSTIN CITY CODE: UNSIGHTLY CONDITION OF
OVERGROI4N VEGITATIOII AT. ' . , TUSTIN
Dear Ms. Gochenour:
As a property owner in the City of Tustin, you have an important ro]e
in making our community a ni~er place in which to live, work and
play. The subject condition was noticed at your property at 15751
Ca 1 i lorn i a Street.
We would appreciate your investigation of this situation and any
efforts possible to improve the property's ,~ppearance. Thank you for
your interest in a better community.
St ncerely,
LAURA PICKUP
Assistant Planner
LP'pf
CDD- WTI- 10/85
300 Centennial Way Tustin, California 92680 · (714) 544-8890
*september 9, 1985
·
.
Department of Community Development
[US 1;1 n
92680
SUBJECT: STORA&E OF EQUIPMENT TRAILER, TREE TRINMIHGS ANO PARKING OF
6NREGISTEREO VEHICLES (LIC. PLATES #0: 1JC17g! AND 73887)
Ill THE PUBLIC RIGHT-OF-WAY
Dear Ms. Gochenour:
As a property owner in the City of Tusttn, you have an important role
in making our community a nicer place in which to live, work and
play. Zn this regard, we have noticed the condition of your property
at the. subject location. As evidenced in the enclosed copy of the
Tus'ttn City Code, this condition constitutes a public nuisance and
could be subject to formal abatement proceedings.
We would appreciate your investigation of this situation and any
efforts possible.to improve the property's appearance. Further
inspections will be made to ensure compliance.
Should you have any questions, please do not hesitate to call this
department..
Sincerely,
LAURA PICKUP
Community Development De
LP-ts
CP-1'1/85
Enclosures
300 Centennial Way · Tustin, California 92680 · (714) 544-8890