HomeMy WebLinkAboutPH 2 SUBSTD PROPERTY 02-21-89TO:
FROM:
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
COMMUNITY DEVELOPMENT DEPARlltENT
PUBLIC HEARING SUBSTANDARD PROPERTY AND Al'TRACTIVE NUISANCE LOCATED AT
13662 GREEN VALLEY ~
REC~4MENDATION
It is recommended that the City Council adopt Resolution No. 89-14 declaring the
property at 13662 Green Valley a public nuisance and authorize the City Attorney
to file legal action against the property owner compelling them to complete all
work and maintain the property.
BACKGROUND
The City Council at their regular meeting on January 3rd adopted Resolution No.
89-4 declaring their intention, to conduct a public hearing to ascertain whether
conditions on the property at 13662 Green Val.ley constituted a public nuisance
{see attached staff report, resolution and other correspondence). Conditions
noticed as constituting the presence of potential public nuisance included the
following:
1. The property has a pool filled with water and the property
is unprotected by required fencing and gates, Uniform
Swimming Pool Code, Section 320.
Work has continued under expired permits issued by the
Building Division, UAC, Section 303(d).
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Work has progressed without required inspections per the
Building Codes, UAC, Section 305 (a), (b), (d) and (e).
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Additional work has taken place upon the property without
obtaining required approval and permits, UAC, Section 301 {a).
a. reroofing
b. electrical work in front yard
5. Weeds and debris in yard. No planting or landscaping -
Tustin City Code 9272 (a), (c).
e
No painting or finish stucco on exterior of building -
Tustin City Code 9272 (a), (c).
7. Roof materials do not match - Tustin City Code 9272 (a), (c).
8. No front landing and steps to main entrance, UBC, Section
3304(i).
City Council Report
13662 Green Valley
February 21, 1989
Page two
DISCUSSION
The property in question has had on-going construction activity since July of
1987. The last requested inspection was performed in October, 1987.
Subsequently, all active building permits have expired and work was at a state of
abandonment when the first Notice and Order was issued in February, 1988 {see
attached Notice and Order}. Prior to the Notice and Order, citations were left at
the property requiring immediate action on the pool fence and asking that the
owner contact the Building Division on the status of the job. No response was
recorded. On February 5, 1988, the Building Official and a police officer cited
the property owner in person for the lack of adequate pool fence. After issuance
of the citation a make-shift fence was erected.
On November 14, 1988 a second Notice and Order was issued because the property,
again, was unfenced and construction activity had continued without benefit of
permits and inspections. The residence was still unfinished and the property
owner had not contacted the Building Division on any of the previously cited items
on earlier notices. All work under current building permits had also expired.
Reinspection of the subject property on January 26, 1989 revealed that there had
been very little work completed to eliminate the above noted conditions.
Specifically, the Departments inspection revealed the following:
I ·
e
The property has a pool filled with water and the property is unprotected by
required fencing and gates, Uniform Swimming Pool' Code, Section 320.
Work has continued under expired permits issued by the Building Division,
UAC, Section 303d.
3. Work has progressed without required inspections per the Building Codes, · UAC, Section 305 (a), (b), (d) and (e).
4. Additional work has taken place upon the property without obtaining required
approval and permits, Section 301 {a), UAC.
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a. reroofing
b. electrical work in front yard (prior to City assessed work)
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Weeds and debris in yard. No planting or landscaping - Tustin City Code 9272
(a), (c).
No painting or finish stucco on exterior of bui.lding - Tustin City Code 9272
(a), (c).
Roof materials do not match - Tustin City Code 9'272 (a), (c).
No front landing and steps to main entrance - UBC, Section 3304{i).
Community DeveloPmen~ Department ..... M
City Council Report
February 21, 1989
13662 Green Valley
Page three
Attached is Resolution No. 89-14 which would declare the subject property a public
nuisance and require completion of all work and elimination of nuisance which
constitute conditions that endanger the life, limb, health, property and welfare
to both the surrounding public and the occupants of this property within 30 days.
If within 30 days, the property does not abate nuisance conditions, the City would
be authorized to take appropriate actions to .attain compliance including
completion of work and recovery of any City incurred costs to correct work.
Staff would recommend that the City Council authorize the City Attorney to file a
legal action against the property owner compelling them to complete all remaining
work and maintain the property in a safe and neat manner. If not complied with,
said owner would then be in contempt of court and thus be punishable, by
imprisonment and/or fines under the law.
Bui 1 di n~Offi cial
LD: pef
D, rre~j~eofhjngl et°.n ~/_
' ommuni ~y Devel opmen t
Attachments: Resolution No. 89-14
Community Development Department
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RESOLUTION NO. 89-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, DECLARING THAT CONDITIONS ON THE
PROPERTY LOCATED AT 13662 GREEN VALLEY {AP#
500-082-07) CONSTITUTE 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,
the City of Tustin has filed Notice and Orders on the property at
13662 Green Valley on the following dates - 2/5/88 and 11/14/88
indicating the presence of multiple violations and non-compliance
with City Codes.
B ,
That the property owner has not corrected said violations and a
public hearing was duly noticed and held on February 6, 1989 at
the City Council Chambers in the City of Tustin.
That the existing exterior conditions of the property which
constitute a public nuisance include the following'
1. The property has a pool filled with water and the property
is unprotected by -required fenc.ing and gates, Uniform
Swimming Pool Code, Section 320.
2. Work has continued under expired permits isued by the
Building Division, UAC, Section 303d.
3._ Work has progressed without required inspections per the
Building Codes, UAC, Section 305 (a), (b), (d) and (e).
e
Additional work has taken place upon the property without
obtaining required approval and permits, UAC, Section 301
(a).
a. reroofi ng
b. electrical work in front yard
.
Weeds and debris in yard. No planting or landscaping -
Tustin City Code 9272 (a), (c).
,
No painting or finish stucco on exterior of building -
Tustin City Code 9272 {a), (c).
7. Roof materials do not match - Tustin City Code 9272 (a),
(c).
8. No front steps to newly constructed entry - UBC, Section
3304{i).
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Resolution No. 89-14
Page two
II. The City Council hereby declares that the condition of the property at
13662 Green Valley (AP# 500-082-07) constitutes a public nuisance and
also finds that the following corrective actions must be completed by
the property owner.
A. The methods of abatement are as follows'
1. The owner to immediately construct an approved fence with
any gates to be self-closing and latching, around pool or
property.
2. That permits be obtained for all construction activity being
performed on the property.
.
That expired permits be reinstated and request required
i nspecti OhS.
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All exterior work to be completed per the approved plans.
Landscape front yard.
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Pave driveway surface all the wry to garage and verify
enclosed parking.
7. Provide front landing and steps to entrance.
8. That items 2 through 7 of this resolution be accomplished
within 30 days of adoption of this Resolution.
PASSED AND ADOPTED by the City Council of the City of Tustin at a regular
meeting held on the 6th day of February, 1989.
[IF~ia E. Kenne~~
Mayor
M~ry =E. -Wynn '-
City Clerk
City of Tustin
Communiby De. velopmfnt Dfpa. rtment
February 5, 1988
Mr. William C. Grebe III
:.-.-13663 Green Valley. ....- . :.... ....
·
.... Tu'stin; Cal'[Fornfa. 9268(~..' .... ..: ...
· , ·
NOTICE AND ORDER TO ABATE
': SUBSTA,qRD PROPERTY A,qD ATTRACTIVE ,~U[SA~CE
AFTE,NTION /.IR. GROBE'
This is a Notice and Order to Abate the substandard property conditions which
constitutes a dangerous condition and a public nuisance, loca~.e.J at 13662 Green
Valley, also known as Assessor's Parcel Ho. 500-082-07. This l. lotice and Order to
Abate the substandard property condition is made pursu.:n~, to Section 1001 of the
~niform Housing Code and Section 203 of the Uniform Admt.qistrative Code, 1985
i tton, as adopted by the City Council.
You are hereby'or,..red to t,nmediately Aba o the dan;er~;..~, condi:ion of unsecured
property with a swimming pool. .
rustin Nunicipal Code, Section 8501.
.
Section 3~_0 - The Following section ~'s hereby added t,: ,'.he )JniForm Swimming Pool
Code ~o read as follsvs'
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Every swimming oool, hot Cub/spa or other out-oF-J~crs body of water, having a
depth in exces; of eithteen {[8)' inches, shall :n~.fntain in geed condition an
enclosure or Fence not less than five (5) feet in hei.~ht above the adjacent
exterior grade· Such Fence or wall sh.,.ll be cons~.r,~cted and maintained with
no opening nor . projections which could serve as a ~ans to scale sJ.,-t.e. ·
Vertical openings shall be no wider than four (,1) inches, and horizonCal
members accessible from the exterior, shall be sufficient distance From any
structure, shrubbery or grade so as to restrict scaling.~''
") inch.~s of firm soil or
All enclosures and gates shall extend to within two (~ .
within four (4) inches of pavement.
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Gates and doors opening through such enc'losures 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 frcm the exterior. Access
through the gate or door From outside the pool enclosure shall be by key ofily.'
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Access from a public street to the front door of any single-family dwelling
"unit s'hall ncr be obstructed by a pool enclosure ................
February 5. 19.38
'3662 Green Valley
age two
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~__.~;":'" You are hereby ordered to Aba'te the substandarc[ conditions oF
~.....:..' within {30) thirty days of= this Notice .... · .......
~-""1:,_ . ... Property including but:-not-:limited-tO'.~'~'uildtn~F exteriors and
~..i.=..?. 'become unsightly" and" in '-$~ch-.'cOndl?'tijg--'O'F....'disrepa fr. causing
~._.. neighboring proper tie~. '' · ....
....... ' .... : .-_.L ::~.'; .[: .i. "." .."::.: ;: !~ ';.: . ' '
'~.~::.. U.H.C. Section i[OL " .~. .....~::: ....,.,....,., ....... . . ...
m i ~ ' StOCkpil lng OF Consguctton debris and'trash j}{L front yard
':]~': 8. Unfinished driveway surface, ........ "' ,., '
C. Unff.qfshed roof cove,'fng .... '~-~"....
D. Abandoned construction activity -
1. UnFinished stucco/lathing. ..
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2. 'Ro,'k currently be[n9 done in addition to approved permits and plans.
A. Obtain .~pproval f.sr all construction work.
U, A. C. Section 30I (a)
'Feri~ic.~.ion that *.;~e exis:ing garage can allo.~
an unob;tructed ge~.:e Der Code·
T. ;.t. C, 9~.97
:he par:<in,j oF
the above
proper ty
pr emtses have
de trimen t t~
Cwo cars witD. in
~y per ~cn
.rom th~. n
Appea
'vi th
n.~ tic
a d m i n
II~'l)n,.l 1nv record, Ci:le or-legal inter:.,st in the property ~y aope~l
:r.t:~ amd :,-~.'.-..r, or .~ny action of ~he Duildin~ .OfFicial, to the Board oF
ls, pr~,,ia:.'].. __ th~.. ,,~-~l_ .-- is ~d:_. in. writing as..pro¥idecL in.t~qis Code, and fi!a.l
t:~e ~:Jil,J[,qg OFFi..'ial within Ulirty-{30)' day.t' From ~he ,~a~e o~ ~ervic.- of
e and ;r]~., '-; F~"I,..-~ to ,:pp.~.,.1 will constitute .-~ waiver of all rijhC
i~-ati'~e h~arin.-j:),J determ(njtion oF Lhe
Lloyd~ick
Bui 1 d ing -0 ,=.~ i c ia 1
LD 'pe~'jk
cc' Cfty Atcorney
April 13, 1988
Mr. William Grobe III
13662 Green Valley Drive
Tustin, CA 92680
CERTIFIED 'RETURN
RECEIPT REQUESTED
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 of 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 unless t__t__t__t__t__t__~~~rg, work requested
is made to the property by Frida ,y~May~, 1988,~.~public hearing
shall be scheduled before the Tub~ty~ouncll 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
resolve this problem immediately by commencing the necessary wo.rk
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.
Mr. William Grobe III
-2-
April 13, 1988
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If you have any questions ih regard to this matter, please
do not hesitate to .contact the undersigned.
LEJ: lw:D: 4/12/88
Sincerely,
Lois E. Jeffrey
Deputy City Attorney
Enclosure /
cc: Mr. Lloyd Dick, Building Official
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November 14, lg~8
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. ~,
m m M~ ' Wtl 1 lam Grobe I I I
: 13662 Green Val 1 ey
Tustin, CA 92 680
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Dear Mr. Grobe:
. Community D(:yelbpment Depmtment
CERTIFIED MAIL P 136 061 705 '
Subject Property:
-Legal---Descr~tptt on:
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Assessor's No,:
NOTICE ~tO ORDER
13662 Green Val 1 ey'
Tustin, Caltfornia 92680
Tract 632, Lot No. 5
Assessor's Map Book 500, Page 082, Parcel 07 ..
rte inspection was made of the property 'at 1.3662 Green Valley on November 8, 1988
revealing the presence of various violations of the Tusttn Municipal Code as listed
below:
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1. Unprotected swt~nming pool. Gate required around pool area (Tustln City
Code, Section 8,5._~01 and 320)~ ..
2. Building constr'uc'tion proceeding without required permits and inspections
by the Building Division (U.A.C., Section 305).
3. Building permits #2124, 1949, Electrical permits #0873, 0975, Plumbing
permits #0868, 1028 and Mechanical permit #0781 have expired and are no
longer valid (U.A.C., Section 303 Id]).
The following'corrections must be performed immediately:
1.1 Immediately abate the 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 Ia] Th]). '
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3. In order to renew a permit after expiration, the permittee shall pay a
nev~ full permit fee to the Building Division within thirty (30) days
(U.A.C., Section 303 [d]).
Nove~e~ 14.
13662 G~'een Yalley (Continued]
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Failure to proceed with the corrections listed above may result in the City
proceeding to cause the work to be done on certain items and assess all costs
against the property or its owners.
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Please note that violations of the above Municipal Code sections are a misdemeanor
.subject to. separate violations for each day said violation is allowed to exist
Each correction may result in up to a $500 O0 fine or 6 months is jail.
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This is your last Opportunity to respond and your immediate attention to this
matter is requested.
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Any person having any record title or 1 ' ' '
appeal this Notice and Order, provided egal interest in the subject property may
the appeal is made in writing 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.
o.
- Should you have any questions or require additional information,
hesitate.to call (714)544-8890. please do not
Stnce~]y,
David 8. Marcum
Building Inspector"
OB~l:Jk
cc: William Huston, City Manager
C1 ty Attorney
November 14, I988
· o
· PROOF OF NOTICE AND ORDER - SECOND NOTICE
Subject Properl;y:
Legal Descrlp=Ion:
Assessor's No,:
13662 Green Va1 ley
Tustin, California 92680
Tracl; 632, Lol; No. 5
Assessor's Map Book 500, Page 082, Parcel 07
_~/e, the undersfgned, hereby declare under penalty of perjury tha: on 11-i0-98, a
'l;tce and Order was seni; by cerl;tf'led mail from the C~'l;y of Tus:fn Community
' ~
Development DepartJnenl;, Planning Dfvis~on, to Hr. ~lliam C. Grobe'I[l, 13662 Green
Yalley, Tusttn CA, 92680, regarding 1;he property located at'13662 Green Valley,
Tus~tn, California, legally known as Tract 632, Lot No. 5; Assessor's ~p Book 500
Page 082, Parcel 07. '
Com~u~ y Developmenl; Deparl:m~:'
DAVID 8. ~CARCU~ -
Building Inspector
DBH/jK