The URL can be used to link to this page

Home My WebLink AboutPH 3 PUBLIC NUISANCE 02-21-89DATE: TO: FROM: SUBJECT: PUBLIC HEARIN ~ NO, 3. G FEBRUARY 21, 1989 .. . . . · . XILLIAM A. HUSTON, CITY MANAGER COMMUNITY DEVELOPMENT DEPARTMENT DECLARING A PUBLIC NuisANcE - 170 EL CA,MINO REAL RECOMMENDATION After conducting the required public hearing it is recommended that the City Counci 1: 1) Adopt Resolution No. 89-25 declaring conditions at 170 E1 Camino Real to be a public nuisance; 2) Approve the charges of nine hundred-three dollars and twenty-one cents ($903.21) against the property as a special assessment and lien for the abatement of trash and weeds at 170 E1 Camino Real by the City of Tustin Public Works Department under the provisions of Tustin Municipal Code 4411 et. seq. (Ordinance 155); and 3) Authorize the City Attorney to file legal action against the property compelling them to complete all work and maintain the property. BACKGROUND In addition to the background provided in the attached staff report presented at the February 6th City Council meeting, staff reports that there have been no actions by the property owner to abate conditions on the property or to contact the City. The owner has been notified of the hearing date and sent a copy of Resolution 89-16 adopted by the Council February 6, 1989, declaring the City's intent to hold a public hearing to determine whether conditions on the property constitute a public nuisance. In addition, the attached staff report from February 6, 1989 also contains the accounting of costs incurred by the City in abating weeds and litter at the property on January 4, 1989. ANALYSIS As of February 8, 1989 conditions on the property remain in violation of Tustin Municipal Code Section 5500 et. seq. as stated in the February 6th staff report. The following actions are necessary to abate existing conditions: 1) Removal of all debris, trash, paint, wood and vehicle parts from the rear yard of the property. City Council Report Public Nuisance - 170 E1 Camino Real February 21, 1989 Page two 2) Removal of all disabled/abandoned vehicles and trailers from the rear yard. 3) Secure all accessory structures on the property, i.e., fences and attached utility shed. 4) Board and secure all windows, doors, and other exterior openings of the building. Should the Council find 170 E1 Camino Real a public nuisance, approval of Resolution No. 89-25 sets forth a 30 day abatement period in which the owner at his own expense shall abate all conditions in violation. If conditions are not abated by the owner within the specified abatement period then the City would cause the abatement by City personnel and or contracted personnel as necessary. The cost of the abatement would be the responsibility of the owner. All costs would be accounted for and reported to the Council for approval by motion or resolution and be recorded as a lien on the subject property's tax bill. Should the Council approve the attached itemized accounting costs for the weed and litter abatement conducted January 4, 1989 by the Public Works Department then these costs will be recorded as a special assessment and lien on the property. CONCLUSION Based upon the history of code enforcement action by staff in the past and the failure of the property owner to respond to requests for action, staff recommends that the City Council approve Resolution No. 89-25 which lists previously mentioned violations and includes the lists of requested abatement actions listed above. / Pl~ningTechnician _..:CAS :ts qC~h~istihe A. Shin~F16~6n (7 -- Director of Community Development Attachments: Letters to Property Owner (dated 1-30-89 and 2-9-89) February 6th City Council Report Resolution No. 89-25 ,.Community Development DeparTment City of Tustin February 9, 1989 Community Development Department CERTIFIED MAIL P 136 061..738 Mr. Mar tin Perfit P.O. Box 69764 Los Angel.es,. CA 90069 SUBJECT: PUBLIC REARING ASCERTAINING ~tlEllIER CONDITIONS AT 170 EL CAMINO REAL (ASSESSOR'S PARCEL NO. 401-$71-05) CONSTITUTES A PUBLIC NUISANCE Dear Mr. Perfit: Attached is a copy of Resolution No. 89-16 passed by the Tustin City Council, February 6" 1989 authorizing a public hearing regarding ~he condition of your property. The hearing will be held at the City Council Chambers on February 21, 1989 beginning at 7:00 p.m. at 300 Centennial Way. Additionally, the staff report presented at the February 6, 1989 meeting is also included for your review. Please plan to attend or arrange to have someone represent your concerns at the meeting. Be advised that your property will be pos~6d with Resolution 89-16 a't least ten (10) days prior to the hearing and property owners within a 300 foot radius of your property will receive notices announcing the public hearing. On the Thursday immediately prior to the hearing, a staff report will be available in the City Clerk' s office. Again, please make every effort to attend. If you have any questions, please call this Department at {714) 544-8890, extension 250. Sincerely, Christine Shingl eton Director of Community Development ~ck W. Light ' JWL: jk '" Attachment City of ustin Community Development Department January 30, 1989 Mr, Martin Perfit P.O. Box 69764 Los Angel es, CA 90069 SUBJECT: NOTICE OF INTENTION TO DECLARE A PUBLIC NUISANCE - 170 EL CAMI_NO_REAL, TUSTIN (AP 401-571-05) Dear Mr. Per fit: Please refer to all previous correspondence regarding the condition of the subject property, since no action has been taken to remedy the violations, this matter has been referred to the City Council to initiate formal Nuisance Abatement proceedings. This letter serves as notice to inform you that on February 6, 1989 the Tustin City Council wilt' consider this matter. If adequate evidence is shown, the City Council will schedule this for public hearing. ' It is recommbnded that you or a representative, of the property attend the February 6th meeting. This meeting will be held at 7:00 p.m. in the Council Chambers at 300 Censennial Way in Tustin. A corresponding staff report will be available for public review on Thursday, February 2 Should you have'any q~estions, please call. Sincerely, [ /O~ck 't. Light ~ _//P1 arming .Technician JWL:jk i . 300 Centennial Way · Tustin, ~alifornia 92680 · (714) 544-8890 Inter- Corn TE: FEBRUARY 6, 1989 TO: FROM' SUBJECT: WILLIAM A. HUSTON, CIll MANAGER COMMUNII~F DEVELOPMENT DEPARTMENT DECLARATION OF INTENTION TO HOLD A PUBLIC HEARING FOR THE PURPOSES OF DECLARING A PUBLIC NUISANCE - 170 EL CAMINO REAL i m RECOMMENDATION It is recommended that the City Council: 1) Approve-. Resoluti on No. 89-16 declaring the City's intent to hold a public hearing on February 21, 1989 for the purpose of declaring a public nuisance at 170 E1 Camino Real; , l) Direct the Building Official to initiate inspection and abatement proceedings ~on the structural condition of the. building at 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 i 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 Council Report Public Nuisance- 170 E1 Camino February 6, i989 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 th~ 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 on the site. During this inspection, the building was posted as an unsafe structure. To date, there have been no attempts by Mr. Perflt to contact the City or to address other violations stlll 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 Tustln 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 nulsa'nce. · . ANALYSIS ! As of January 27, 1989 the property remains in violation of the City Code, and complaints are being received for the following reasons: . 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,. 5501) . Storage 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 l~he 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 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 and to receive protest or objection to the work charges .incurred by the City through Weed and Litter abatement. Community DeveloPment Department City Council. Report Public Nuisance - 170 E1 Camino · 'ebruary 6, 1989 Page three . · . 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 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 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 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 'eview and approve the written report whiCh states all costs prior to assessing che 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 concurs 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' . e Removal of all junk, debris, paint, wood and vehicle parts from the rear yard. · Removal of all disabled/abandoned vehicles and trailers. - Community DeveloPment Depar~rnent City Council Report Public Nuisance - 170 E1 Camino February 6, 1989 Page four . Secure all -structures on the property, i.e., fences and attached utility shed." · o 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. Christine A. Sh~ngl ,lXSfl "' Director of Communlt~r~Development Attachments: Resolution No. 89-16 Letters to property owner Community Development Depar~rnen~ .£ity of Tustin December 22, 1988 Community Development Department CERTIFIED.MAIL P 136 06! 741 Mr. Martin Perfit P.O. Box 69764 Los Angel es, CA 90069 SUBJECT: CONDITION OF PROPERTY, 170 EL CANINO REAL .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 bee6' taken to remove the violations and an appeal of the City's action has not been filed'as prescribed in the attached 'letter. - This letter hereby serves as notice of the Ci. ty's intent to secure the :building and 'emove 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 sa(d 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, please call ~~~~m Laura Kuhn Senior Planner LCK'jk Enclosures ~c: William Huston, City Manager Christine A. Shingleton, Director of Community Development 300 Centennial l.Vay · Tustin. California 92680 · i7121) 544-8890 City of ustin', December 6, 1988 Community 'Development Departrnent CERTIFIED MAIL P 136 061 745 · Mr. Martin Perfit P.O. Box 69764 Los Angel es', CA 90069 De~r Mr. Perfit- 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 ag a -re~-ul ~ o'f complaints filed regarding, the property' s condition. The inspection revealed the presence of numerous violations of-the Tustin Municipal Code as follows: I · Storage and scattering of debris and litter in the front and rear yards consisting or-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); · 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); ' 3. Maintenance. of a vacant unsec~'~.ed building (basement a~.ea) 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.. · 1. Remove all debris, trash, wood and vehicle parts from the front and rear yards of the property-; · Remove all disabled/abandoned vehicl-es and trailers; Secure the building and basement from entry by unauthorized persons. , . . 300 Centennial Way · Tustin, California 92680 · (714) 544-8890 NOTICE AND ORDER 170 E1 Camino Real Pa ge two A written appeal of this notice and order may be f. iled with the C~ty 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 ncere 1 y ~ Laura C. Kuhn Senior P1 anner LCK:jk cc: Christine Shingleton, Director of Community Development William-Hutton, 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 E! 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 attachmem,.and statement from Tustin Hardware ..... The work consisted of the following- , . Pick up and dispose of debris and old furniture in front of house. Mow grass in front yard. e Board up broken windows and secured doors with lock and hasps. Keys given to Lloyd Dick. If I can be of further assistance, please call. Pablo Rodnguez Manger Field Services Robert Ledendecker, Director of Public Works/City Engineer Laura Kuhn, Planning Attachments: (3) Photo's: (7) 0 FI'I Z *.=1 0 · o Z 010100 .'1 '"1- 0 c: :13 0 0 (::: :33 0000 0 Z. 0 C :0' C Z Z C I 1 Z ..-,! O O Ill Ill O O O rtl '-!- 0 Z --I rn Z Z i-n o 0 Z 0 c :33 ITl C Z O 2 3 4 5 6 · 8 9 10 12 14 - 17/ 18 19 21 22 2~ 25 2¢ 27 28 RESOLUTION NO. 89-16 A RE~OLUTION 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 170 EL CAMINO REAL (AP# 401-571-05)'CONSTITUTES A ~UBLIC NUISANCE. 'The City Council of the City of Tustin 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 El Camlno Real (AP# 401-571-05) constitutes a public nuisance. · B. The following condltlons of the property are as follows: 1. 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 Tustln City Code, S&ctions 4324, 4411, and 5501); , . . Storage of two disabled/abandoned automobiles and three abandoned vehicle trailers in the rear on an unpaved surface. (Ylolatlon of Tustln City Code, Sections 4509 and 9297); e Unsafe building. (Violation of Uniform Administrative Code, Section 203); and C. The recommended methods of abatement are as follows: . . e Removal of all debris, trash, paint, wood and vehicle parts from.the rear'yard of the' property; Removal of all disabled/abandoned vehicles and trailers from the rear ya,r,.d; .. Secure all accessory structures on the property, i.e., fences and attached utility shed; and 0 Board and secure all windows, doors, and other exterior openings of the building. 2 3 4 5 6 8 9 10 1'2 13 14 15 19/, 21 22 23 24 28 Resolution No., 8~-16 Page two II. -The City Council hereby authorizes a public, hearing concerning the property at 170 E1 Camino Real (AP// 401-571-05) to be conducted on February 21, 1989. PASSED AND ADOPTED at a regular n~eting of the Tustin City Council, held on the ~ day of __ February ..... , 1989. · Ursula E~ KenneUy, - ' Mayor · City Ct,ehk STATE OF CALIFORNIA ) COUNTY OF 'ORANGE ) § CITY OF TUSTIN ) MARY E. WYNN, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby 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. 89-16 was duly and regularly introduced, passed and adopted at a regular meeting of the City Council held on the 6th day of February 1989 by the fo l 1 owing vote: ,, ' ......' ... AYES : COUNCILPERSONS: Kennedy Edgar, l~oesterey, Kelly, Prescott NOES : COUNCILPERSONS: None ABSTAINED: COUNCILPERSONS: None ABSENT: COUNCILPERSONS: None City of l~tin, California 1 3 4 6 7 8 9 10 11 13 14 15 16 17 18 19 20 21 23 24 25 ~6 ~7 · RESOLUTION NO. 89-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DETERMINING THAT- CERTAIN CONDITIONS ON THE PROPERTY LOCATED AT 170 EL CAMINO REAL (AP# 401-571-05 CONSTITUTE A PUBLIC NUISANCE AND HEREBY ORDERING THE ABATEMENT OF SAID NUISANCE. The City Council of the City of Tustin does hereby resolve as follows' I. The City Council hereby finds and determines as follows- Ao That pursuant to Section 5500 et. seq. of the Tustin Municipal Code, and based upon the recommendation of the Director of Community Development, Resolution No. 89-16 was adopted authorizing a public hearing for the purposes of determining if conditions on the property at 170 E1 Camino Real (AP#401-571-05) constitute a public nuisance. B. That the property owner of the subject property was duly notified of the date of the public hearing via certified mail and a physical posting of the property. C. That the conditions on the property noted in Section IB of Resolution No. 89-16. are still present and are hereby determined to. constitute a public nuisance. II. The City Council hereby orders that the following actions be taken by the property owner of the property located at 170 E1 Camino Real within 30 days of the date of this resolution. ® Removal of all debris, trash, paint, wood and vehicle parts from the rear yard of the property; ® Removal of all disabled/abandoned vehicles and trailers from the rear yard; 3. 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. III. The City Council hereby directs that if the order to abate the public nuisance promulgated in Section II of this Resolution has not been completed within the time frame allotted, the City shall immediately cause the same to be abated by City personnel or private contract. Such personnel or persons under contract are, if the need arises, expressly authorized to enter upon the premises known as 170 E1 Camino Real for the purposes of abating' the public nuisance. The owner of said premises shall be liable to the City for all costs of such abatement including all administrative costs. Recovery of these 1 2 3 4 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. 89-25 Page two costs will be attained through a special ,assessment against the parcel. After the assessment is confirmed, it shall be a lien on the parcel. 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