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HomeMy WebLinkAboutN.B. 3 PUBLIC NUISANCE 02-06-89TO: FROM: SUBJECT: WILLIAH A. HUSTON, CITY IqANAGER COIqHUNI~ DEVELOPMENT DEPARTlqENT DECLARATION OF INTENTION TO HOLD A PUBLIC HEARING FOR THE PURPOSES OF DECLARING A PUBLIC NUISANCE - 170 EL CAHINO REAL RECOMHENDATION It ls recommended that the Ct ty Counct I: 1) Approve Resolutlon No. 89-16 declarlng the Ctty's intent to hold a public heartng on Februaffy 21, 1989 for the purpose of declaring a publtc .nuisance at 170 E1 Camlno Real; 2) Direct the Building Official to initiate inspection and abatement proceedings on the structural condition of the building it 170 E1 Camino Real; and 3) Authorize a public hearing to be scheduled on February 21, 1989 for the purpose of receiving protest or objections to the work Charges being imposed as a lien on the property. BACKGROUND Since the beginning of December, 1988 the Community Development Department has been receiving complaints regarding the condition of the front, rear, and side yards at 170 E1 Camino Real. This. property contains a single family detached home which is located in the C-2 Central Commercial, and in the Cultural Resources Overlay District. The property is surrounded by a professional office building to the north, retail businesses to the east and west, and a single family detached home to the south. In an effort to abate the conditions, letters were sent to Mr. Martin Perfit who is the property owner. At the time the letters were sent to Mr. Perfit there were no known tenants occupying the-home, and the property appeared to be abandoned. (Copies of correspondence to Mr. Perfit are attached.) On December 22, 1988 Mr. Perfit was notified that his property was being posted with a City Counci 1 Report Publlc Nuisance - 170 E1 Camino February 6, 1989 Page two Notice to. Clean Premises, under City Ordinance No. 155, Weed and Litter Abatement. Mr. Perfit did not respond and on January 4, 1989 the Public Works Department removed trash and debris from the front and side yards and secured the building and gated the entrance to the rear yard. On January 27, 1989 another inspection was conducted with the Building Official to determine full scope of violations o.n the site. During this inspection, the building was posted as an unsafe structure. To date, there have been no attempts by Mr. Perftt to contact the City or to address other violations still present on his property. The most recent complaints from neighboring properties refer to conditions in the rear yard which conditions require abatement under the Public Nuisance Abatement Regulations. According to the Nuisance Abatement Regulations (Section 5500 et. seq.) in the Tustin Municipal Code, a formal resolution must be approved,by the City 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 As of January 27, 1989 the property remains in violation of the City Code, and complaints are being received for the following reasons' 1, Storage and scattering of junk and debris in the rear yard consisting of wood, auto parts, carpeting, paint, miscellaneous metal debris and other assorted junk and debris. (Violation of Tustin City Code, Sections 4324, 4411, 550!) Storag.e of two disabled/abandoned automobiles and three abandoned vehicle trailers in the rear yard on an unpaved surface. (Violation of Tustin City Code, Sections 4509 and 9297) 3. Unsafe building. (Violation of Uniform Administrative Code, Section 203) Since abatement has not yet been achieved, staff have reviewed the City Code in reference to public nuisance abatement procedures. Since 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 t-aken in sequence anU 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 and to receive protest or objection to the work charges incurred by the City through Weed and Litter abatement. Corn reunify Developmen~ Depanrnen~ Clty Council Report Public Nuisance - 170 E1 Cam¶no February 6, 1989 Page three 0 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 prior to the public heari rig. 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 property 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 ~ouncil 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. More recently, the Community Development Department has received complaints regarding the storage of paint inside the building. The integrity of the structure is also questioned by the Building Official. In order to abate any hazardous conditions within the building, the Building Official must first obtain legal authority, through the court, to enter and inspect the structure. Staff suggests that abatement of this issue be initiated if the Council concursl that such action should be taken. CONCLUSION 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. 89-16 which lists the previously mentioned violations and includes the following list of requested abatement actions: . Removal of all junk, debris, paint, wood and vehicle parts from the rear yard. 2. Removal of all disabled/abandoned vehicles and trailers. Comrnunity Development Department J CJty Counci 1 Report Publlc Nulsance- 170 E1 Camino February 6, ].989 Page four . Secure all structures on the property, i.e., fences and attached utility shed. 4. Board and secure all windows, doors and other exterior openings of the bui 1 ding. This resolution sets a date 'of February 21, 1989 for the purposes of conducting the required public hearing pursuant to the Nuisance Abatement Regulations. As a separate but related item; the costs incurred by the City for the clean up conducted on January 4, 1989 will be included in the staff report for the public hearing. The Council will have the opportunity to review and approve the schedule of costs prior to recordation as a lien on the subject property's tax bill and to receive any public protest or objections to these work charges. If the Council concurs with staff's recommendation, the Building Official will also initiate inspection and abatement proceedings to satisfy any structural or otherwise hazardous conditions related to the interior of the existing building. ack Ltght i .__ ,' ~ ~la~~g Techni clan ~ ~ :CAS: ts Christine A. Shlngl.t~DD Director of Communi eve lopment Attachments: Resolution No. 89-16 Letters to property owner Corn munity DeveloPment Depar~men~ City-of Tustin December 22, 1988 Community Development Department CERTIFIED.MAIL P 136 061 741 Mr. Martin Perftt P.O. Box 69764 Los Angel es, CA 90069 SU~ECT: CONDZTZON OF PROPERTY, 170 EL CAMINO PEAL, TUSTIN (ACCESSOR'S PARCEL 401-571-05) Dear Mr. Perfit: Please refer to my previous letter dated December 6, 1988 regarding the condition of the subject property. As stated in this letter, the property was to be cleared of all litter, debris, cars, trailers and other miscellaneous items and secured from unauthorized entry in ten days. No action has bee~~ takea to remove the violations and an appeal of the City's action has not been filed as prescribed in the attached '1 etter. "- :: This letter hereby serves as notice of the City's intent to secure the :building and remove all litter and debris from the property. Such action will be taken on or after January 2, 1989. All costs for abatement will be assessed as a lien on the property taxes of said property. You will be noticed of any future hearing date to review costs incurred for this work prior to the assessments being placed on your property. ,... Your immediate attention to this matter is necessary to avoid the 'City's abatement action and possible issuance of a misdemeanor citation. Such a citation is punishable by up to a $500.00 fine and/or six months in jail. Should you have any questions, pl ease cal 1. Laura Kuhn Senior Planner LCK'jk Enclosures cc: William Huston, City Manager Christine A. Shingleton, Director of Community Development 300 Centennial Way · Tustin. California 92680 .° (714) 544-8890 City of Tustin, December 6, 1988 Communlty Development Department CERTIFIED MAIL P 136 061 745 Mr. Martin Perfit P.O. Box 69764 Los Angel es, CA 90069 Dear Mr. Per fi t' NOTICE AND ORDER Subject Proper ty' Assessor's No.: 170 E1 Camino Real Tustin, California 92680 401-571-05 Site inspection was made of the property at 170 E1 Camino Real on December 1, 1988 a~ a-res-ull: df. complaints filed regarding the property's condition. The inspection revealed the presence of numerous violations of the Tustin Municipal Code as follows. 1. Storage and scattering of debris and litter in the front and rear yards consisting of boxes, foam rubber, autos and auto trailers and their respective parts, wood, and other assorted trash and debris (Tustin City Code, Sections 4324, 4411, and 5501); 2. Storage of two disabled/abandoned automobiles and three abandoned vehicle trailers in the rear yard on an unpaved surface (Tustin City Code, Sections 4509 and 9297); 0 Maintenance. of a vacant unsecur, ed building (basement area) whereby vagrants use the premises in the evening hours and disturb nearby residents and businesses (Uniform Housing Code, Sections, 1001 [b]-13). The following corrections must be made immediately, but no later than ten (10) days from the date of this letter. Failure to make these corrections in the specified period will result in the City's initiation of legal proceedings which could result in issuance qf a misdeameanor citation.. Remove all debris, trash, wood and vehicle parts from the front and rear yards of the property; ' 2. Remove all disabled/abandone, d vehicles and trailers; e Secure the building and basement from entry by unauthorized persons. : · . 300 Centennial Way · Tustin, Califomia 92680 · (714) 544-8890 NOTICE AND ORDER 170 E1 Camino Real ~Page ~:wo A written appeal of this notice and order may be filed with the City Council by the property owner within ten (10) days of this notice. Failure to file such an appeal relinquishes all rights to any further administrative hearing and determination of the matter. Should you have any questions, please call. ~~Si ncerel y ~ ~ . Laura C. K uhn Senior Planner LCK:jk cc: Christine Shingleton, Director of Community Development William-Huston, City Manager -.~ TO: FROM: SUBJECT: Christine Shingleton, Director of Community Development Pablo Rodriguez, Manager Field Services Abatement Action - Your Memo dated, December 28, 1988 Graffiti at 13841 Newport Avenue (Sycamore Creek Apartments) was removed on December 29, 1888, The premise at 170 El Camino Real was cleaned up on January 4, 1989. The cost of the clean up is, $903.21. Details are shown on the two page attachmenI*and statement from Tustin Hardware. .... - The work consisted of the following: I. Pick up and dispose of debris and old furniture in front of house. 2. Mow grass in front yard.' . Board up broken windows and seCtored doors with lock and hasps. Keys given to Uoyd Dick. If I can be of further assistance, please call. Pablo R°-driguez Manger Field Services Robert Ledendecker, Director of Public Works/City Engineer Laura Kuhn, Planning Attachments: (3) Photo's: (7) oc:, :~ ~ b~b~ 0 m rtl ~ rn 0 --I bb m 0000 Irt rtl c~ o o --I ITl ITl -"1 mm, 0 Z. C:: 33 ITl Z ('3 Ill Ill -r' 0 0 0 0 ~ m nl 0 Z O C:: ITl I::7 1::7 -- Z O 'HARDWARE NO. ! / / /::.4 Ir DATE I/?'.' ~/. CUSTOMER NO. .. RET D · .. · l.,.o* QUANTITY DESCRIPTION PRICE AMOUNT ..~ ,,,'"'~// · ,/ ~ . , / It [. ,'' ~ , , ~ -- ......................... * '1 I ~ ,' ./:" 11 _ ~ /*~ i -. . . .............. MUST BE 7 ........ ANY RETURNS OR RECEIVED BY .." . Jt.~".-'.~-.... ADJUSTMENTS, .,' . , ,:;.-. ,, TOPS .'o.M ~?e9 TRIPLICATE L.__~j~..o . ~.s.^. 2 3 4 5 '6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 RESOLUTION. NO. 89-16 A RESOLUTION OV THE CITY COUNCIL OV THE CITY ..OF. TUSTIN, CAL'IVORNIA, DECLARING THE INTENTION TO . CONDUCT A PUBLIC HEARING TO ASCERTAIN WHETHER THE CONDITION OF THE PROPERTY LOCATED AT 170 EL CAMINO REAL (AP~ 401-571-05) CONSTITUTES A PUBLIC NUISANCE. The City Council of the City of Tustln does hereby resolve as follows: I. The City Council hereby finds and determines as follows: A. Pursuant to Section 5500 et. seq. of the Tustin City Code, and based upon the recommendation of the Department of Community Development, a public hearing should be conducted to determine whether or not the condition of the property located at 170 E1 Camino Real (AP# 401-571-05) constitutes a public nuisance. B. The following conditions of the property are as follows: . Storage and scattering of debris and litter in the rear yard consisting of boxes, foam rubber, autos and auto trailers and their respective parts, .wood, paint and other .assorted trash and debris. (Violation of Tustin C(ty Code, Sections 4324, 4411, and 5501); ® Storage of two disabled/abandoned automobiles and three abandoned vehicle trailers 'in the rear on an unpaved surface. (Violation of Tustin City Code, Sections 4509 and 9297); 3. Unsafe building. (Violation of Uniform Administrative Code, Section 203); and C. The recommended methods of abatement are as follows: le Removal of all debris, trash, paint, wood and vehicle parts from the rear yard of the' property; 0 Removal of all disabled/abandoned vehicles and trailers from the rear yard; ® Secure all accessory structures on the property, i.e., fences and attached utility shed; and e Board and secure all windows, doors, and other exterior openings of the building. 1 2 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Resolut$on No. 89-16 Page two II. The City Counctl hereby authorizes a public hearing concerning the property at 170 E1 Camlno Real (AP# 401-571-05) to be conducted on February 21, 1989. PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the ..... day of , 1989. U~ula E. Kehn~dy, I II Mayor Mary Wynn, City Clerk