HomeMy WebLinkAboutCC 5 PUBLIC NUISANCE 01-03-89CONSENT CALENDAR
DATE: ~IANUARY 3, 1988 ~ '
TO:
FROM:
SUBJECT:
HILLIAN HUSTON, CITY HANAGER
COMHUNITY DEVELOPHENT DEPARTHENT
DECLARATION OF INTENTION TO HOLD A PUBLIC HEARING FOR THE PURPOSE OF
DECLARING A PUBLIC NUISANCE - 13662 GREEN VALLEY
RECOI~IENDATION
It is recommended that the City Council approve Resolution No. 89-4 stating the intent
to hold a public hearing for the purpose of declaring a public nuisance at 13662 Green
Valley.
BACKGROUND
Over the past nineteen months, the Community Development Department has attempted to
ork with the property owner of the subject property to secure the single family
~remises from trespassers and to aesthetically clean up the general appearance of the
property in relation to its surroundings. The property is located in an area mixed
with both slngle and multiple family dwellings.
In an effort to abate the conditions, numerous notices and one citation along with two
Notice and Orders were issued to Mr. and Mrs. Grobe who own the property. Copies of
the correspondence 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 important violation which requires pool fencing, Notice and
Orders requested that this violation be corrected immediately for safety reasons. To
date, no such action has been taken by the property owner. As for the other
conditions, only a pile of trash has been removed from the ifront yard. 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 a
publ i c 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 correspondence
ity Counc11 Report
January 3, 1989
13662 Green Valley
Nutsance Abatement
Page two
to Mr. Grobe to request compliance. As of December 23, 1988 the property remains in
violation of the Ctty Code for the following reasons:
.
Property not protected by fence and gates for body of water located in rear yard.
(TCC 8501; Sec. 320)
2. Construction continuing on property without required inspections. (UAC Sec. 305)
3. Work being performed on property with expired permits (UAC Sec. 303 d.)
4. Work being performed on property without required permits. (UAC Sec 301 a.)
5. Dead and missing landscaping in front yard. (TCC Sec. 5501 (9) e)
6. No landing steps at front porch. (UBC Sec. 3304 h)
- 7. Exterior treatments do not match and unpainted surfaces.
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, formal 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:
.
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.
.
The approved resolution is posted on said property at least ten .days prior to the.
publ i c hearing.
.
The intended public hearing is held for the Council's consideration of all
testimony and evidence and the Council declares whether or not the property is 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 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.
Corn rnunity DeveloPment Department
;ty Council Report
danuary 3, 1989
13662 Green Valley
Nuisance Abatement
Page three
CONCLUSTON
iii i
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. '89-4 which lists the above
mentioned violations and includes the following list of requested abatement actions:
1. Fence property with required fencing or drain pool.
2. Renew and obtain needed building permits.
3. Finish all exterior work.
This resolution sets a date of February 6, 1989 for the purposes of conducting the
required public hearing pursuant to the Nuisance Abatement Regulations.
Lloyd Di ckl"
Bui 1 dl ng-Offi cial
LD:pef
Attachments:
Resolution No. 89-4
Letters to property owner
~lChri stine Shingl6tdn Je~ve
Director of Community D lopment
Corn rnunity Development Depar~rnent
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RESOLUTION NO. 89-4
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 13662 GREEN VALLEY (AP#
500-082-07) CONSTITUTES A PUBLIC NUISANCE
The City Council of the City of Tustin hereby resolves as follows:
I. The City Council hereby finds and determines the following:
A. That pursuant to Section 5500 et. seq. of the Tustin City Code,
and based upon the recommendation of the Director of Community
Development, a public hearing should be conducted to determine
whether or not the condition of the property located at 13662
Green Valley (AP # 500-082-07) constitutes a public nuisance.
B. That the existing conditions of the property are as follows:
1. The property has a pool filled with water and the property
is unprotected by required fencing and gates.
2. Work being constructed under issued permits has continued
wi thout inspection.
3. Work has continued on the property without permtts
(additional).
a. reroof
b. e 1 ectri ca 1
c. driveway apron (Public Works)
4. Weeds and debris in yard. No planting of any kind within 19
months.
5. No painting or finish stucco on exterior.
6. No front steps to newly constructed entry.
7. Roof materials do not match.
8. Water in pool - stagnant (Health).
C. That recommended methods of abatement are as follows:
1. That the owner immediately construct an approved fence and
self-closing, latching gates around pool or property.
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1.4
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Resolution No. 89-4
Page two
2. That permits be obtained for all construction activity being
performed on the property.
3. That exptred permtts be reinstated and request requtred
Inspections and flna l s.
4. All exterlor work be completed and 'match per approved plans.
5. Landscape front yard.
6. Pave surface all the way to garage and verify enclosed
parktng.
7. That 1terns 2 through 6 of thts resolution be accompllshed
wtthtn 20 days of adoptlon of thts resolution.
II. The Ctty Counctl hereby authorizes a public hearing concerning the
property at 13662 Green Valley (AP# 500-082-07) to be conducted on
February 6, 1989.
PASSED AND ADOPTED by the City Council of the City of Tustin at a regular
meeting held on the day of , 1989.
Ursula E. Kennedy
Mayor ·
Mary E. Wynn
City Clerk
City of Tustin
Community Development Department
February 5, ].988
Mr. William C. Grobe III
---13663 Green Valley. ....- . .-.~...
·
--Tust.tn,' California- 92681~:." '°.'
-- " NOTICE AND ORDER TO ABATE
"' SUBSTANRD PROPERT~ AND A1-FRACTIVE ,~U[SANCE
·
ATTENTION t. IR. GROBE'
This is a flotice and Order to Abate the substandard pPoperty conditions which
constitutes a dangerous condition and a public nuisance, locate-J at 13662 Green
'/alley, also known as Assessor's Parcel )~o. 500-082-07. This )toCice and Order to
Abate the substandard property condition is ,made pursua~ to Section 1001 of the
Uniform Housing Code and Section 203 of the Uniform ?.mtnistrative Code, 1985
Edition, as adopted by the City Counctl.
are hereby ,7
or,,~red to immediately Aba:e the danger~;:J~, condiCion of unsecured
,perry with a .svimming pool.
Tusttn ~.lunicipal Code, Section 8501.
Section 320 - The following ~ection' ls hereby added t,: ~.he IJnifor.,~ Swimming Pool
Code -~o real'd as foll:;ws'
Every swi~nming oool, hot tub/spa or ot?~er oIJt-Of-Jo;rs body of '?~atar, having a
depth in _~xc~ss of elthteen {[8)' tnch::~, sh-~ll :.-.:,.f.~.t~:i~, in ~od condition an
enclosure or fence not less than fivo (5) feet in hef.;ht above the adjacent
exterior grade. Such fence or wall shall be cons~.r:~cted and maintained with
no opening nor .projections which could serve as .~ ,,neans to scale sa,,.-e. ·
Vertical openings shall be no wider than four (,1) inches, and horizontal
members accessible from the exterior, shall be sufficient dist4nce from any
structure, shrubbery or grade so as to restrict scaling.
All enclosures and gates shall extend to within two (2) inches of firm soil or
within four {4) inches of pavement.
e
Gates and doors opening through such enclosures shall be self-closing and
self-latching with release at least four {4) feet above exterior grade, or so
located on the pool side as to prevent release from the exterior. Access
through the gate or door from outside the pool enclosure shall be by key only.
Access from a public street to the front door of any single-family dwelling
"unit shall ncr be obstructed by. a pool enclosure ...... ..~. ........... ·
300 Centennial Way . Tustin, California 92680 · (714) 544-8890
"-ebruary 5, 1988
3662 Green Valley
Jge two
.~.~ .You are hereby ordered to Abate the substandarc[ conditions of the above property
--,-.~-"-""':.. within (30) thirty days of. this ~lotice,..: .... .-'":.." ·
~.~,~ .... . ..... -... ... ..~ . :~' :,,~..~"
-,__~-'"'= ...... t~ Property including but' not':l-imtted-to-building" exteriors and premises hay,.
.--...--.-':T~<. ....... become unsightly' and'-tn:.-s~ch..-~ico'nd'f'ti~)~--'O'~.--'dtsrepafr, causing detriment to
~.-. U.H.Cj Section 1[0[ ........ ; ....................................................
· ' · .; I. ,~*...~..:'~; '' .'~*.(' ."-''it ~'" : · , .- -
· ' · ; · ;! : .1.. . .... ,,.I,o.~ &.,. o.~,. ' '* *
-- A. Stockpil lng of cons~uction, debris and:trash. ~}~: front ~ard.
]~'. B. Unfinished driveway surface~..' ....... .':.:.:..':; .i' -'..'
C. Unff.qfshed roof covering. ~'J'=:" ....
O. Abandoned construction activity -
~. Unfinished stucco/lathing. ..
·
Work currently being done in .~ddition to approved permits and plans.
A. Obtain approval for all construction work.
U, A. C. Section 301 ia)
3 '/erific.ttion that ,'~ ex
· .n, isting garage can allo.~ the-parking o'? two cars witi:in
an unob';tructed se~.:,~ oer Code·
T. H. C. 9Z97
~y per~cn h~ving ~ny record, title or-legal interest in the property' m~y aope~l
:r or any ~ction of the Buildin~ Of~ici'~l, ~j the Board o=
Appeals, provided the ,zppeal is ~de. in. writing as...provide4 in.. ~is Code, and filed
with the 5uilding OF~ic;al within :hfrty (30)' day~".fro,n che ,late oB ~ervice of ;uch
n-~tica ]nd ~rder; ~=I~..'~ ~m appeal will constitute a waiver of all rijh: ':o =~
admi ni ~-a t~ ye h~ar ~n" ~:~d d~ fermi :~a :i ~n. of the ,fa tier.
Lloyd~ick
Building Official
LD 'pef'jk
cc' City Attorney
April 13, 1988
CE.~TIFIED ' RETURN
RECEIPT REQUESTED
Mr. William Grobe III
13662 Green Valley Drive
Tustin, CA 92680
SUBJECT: VIOLATION OF CITY CODE - SUBSTANDARD PROPERTY
CONDITION AND ATTRACTIVE NUISANCE
Dear Mr. Grobe:
On February 5, 1988, the City of Tustin delivered the
enclosed Notice and Order requiring that certain efforts be made
to clean up the property located at 13662 Green Valley Drive,
Tustin, California (Assessor's Parcel No. 500-082-07). The
Notice and Order required the work to commence within thirty (30)
days o'f receipt of the Notice and Order. As of this date the
Building Official informs us that a fence has been-placed around
the swimming pool and trash has been removed from the front yard;
however, no effort has been made to comply with other items
listed in the Notice and Order (see Items 1B-D, 2 and 3 on page
2), no contact has been made with the Building Division as per
requested, nor has there been an appeal to the Notice and Order
in accordance with the procedure set forth in the Tustin
Municipal Code.
As City Attorney for the City of Tustin, our office has been
requested to commence abatement proceedings against the
aforementioned property.
Please be advised' that unles~ work requested
is made to the property by Frida ,y~~--~~988, _-~public hearing
shall be scheduled before the Tu~unc~i to declare the
subject property a public nuisance. In the event the property is
declared a public nuisance, the cost of making the necessary
repairs and all administrative costs incurred by the City in
order to ensure compliance with the City Code, will be assessed
as a lien against the property.
.
'.,
It is in your best interest, as the property owner, to I
resolve this problem immediately by commencing the necessary work /
to the property and by providing notice to this office or the' '
· Building Official of the City of Tustin of the commencement of
such work.
300 Centennial Way ., _Tustin, California 92680 · (714) 544-8890
. -' /
Mr. William Grobe III
April 13, 1988
If you have any questions in regard to this matter, please
do not hesitate to contact the undersigned.
Sincerely,
Lois E. Jeffrey
Deputy City Attorney
L'EJ: lw:D: 4/12/88
Enclosure 1~
cc: Mr. Lloyd Dick, Building Officia
'of T
City ustin
....::...:..November 14, 1988
.,
· .
I~. Htll tam Grobe I I I
· 13662 Green Valley
Tusttn..CA 92680
Dear Mr. Grobe:
Community Development Department
CERTIFIED MAIL P 136 061 705
NOTICE AND ORDER
Subject Property:
13662 Green Valley .
Tustin, California 92680
Legal Description:
· .
Assessor's No.:
Tract 632, Lot No. 5
Assessor's I~p Book .500, Page 082, Parcel 07
Site inspection w~s made of the property at 13662 Green Valley on November 8, 1988
revealing the presence of various violations of the Tusttn Municipal Code as listed
~.low:
·
1. Unprotected swimming-pool. Gate required around pool area· (Tustin City
Code, Section 8,5._~Land 320). -..
2. Building constr'uc'tion proceeding without required permits and inspections
by the Building Division (U.A.C., Section 305).
o
Building permits #2124, 1949, Electrical permits #0873, 0975, Plumbing
permits #0868, 1028 and Mechanical permit t0781 have expired and are no
longer valid (U.A.C., Section 303 Id]).
The following'corrections must be performed immediately:
1. Immediately abate ~he dangerous condition of unsecured property with a
swimming pool (Tustin City Code 8501, Section 320).
2. The person doing the work shall make the construction accessible for
inspection and call for inspections 24 hours in advance, before 4:00
P.M. (U.A.C., Section 305 Iai [bi)..
·
3. In order to renew a permit after expiration, the permittee shall pay a
new full permit fee to the Building Division within thirty (30) days
(U.A.C., Section 303 Id]).
300 Centennial Way · Tusflr~ Califomla 92680 · (714) 544-8890
-' NOTZCE & ORDER.
November "14', 1988
13662 Green Yalley (Continued)
,
...
: ·
..
..
Fatlure to proceed wtth the corrections ltsted above may result In the City
proceeding to cause the work to be done. on certain items and assess al1 costs
'-.. against the property or 1ts owners.
""Please note that violations of the above MuniCipal Code secttons are a misdemeanor-
.. subject to ·separate violations for each day said violation is allowed to extst.
Each correction may result In up to a $500.00 ftne or 6 months is jail
·
This is 'your last opportunity to respond and .your immediate attention to this
mtter is requested. :.. ...
Any person haVing any record title or legal interest in the subject property may
appeal thts Notice and Order, provided the appeal Is made In wrttlng and filed
within thirty (30) days from the date of service of this Notice and Order. Failure
to appeal will constitute a waiver of all rights to an administrative hearing and
determination of the matter.
Should you have any questions or require additional information, please do not
hesitate to call (714) 544-8890.
Stncer/~y, .' .
David B. Marcum
Bull ding Inspector
DBM:Jk
cc: William Huston, City Manager
Clty Attorney
'lovember 14, 1988
· .
PROOF OF NOTICE AND ORDER - SECOND NOTICE
Sub,,iect Property:
13662 Green Va11 ey
Tusttn, California 92680
Legal Description: Tract 632° Lot No. 5
Assessor' s No.:
Assessor's Hap Book 500, Page 082, Parcel 07
I~e, the undersigned, hereby declare under penalty of perjury that on 11-10-98, a
N°ttce and Order was sent by certified mat1 from the City of Tustin Community
'evelopment Oepartment, Plannlng 01vision, to Mr. I~tlliam C. Grobe Z][, 13662 Green
Valley, Tusttn CA, 92680, regarding the property located at 13662 Green Valleyo
Tusttn, California, legally known as Tract, 632, Lot No. 5; Assessor's ~p Book 500,
Page 082, Parcel 07.
Buil ding Inspector
DATE
DBM/JK