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HomeMy WebLinkAboutNB 8 T. CAR WASH 04-17-89 NEW BUSINESS A- NO. 8 · ~ ' .. 4 17 89 TO: FROM: SUBJECT: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL WILLIAM A. HUSTON, CITY MANAGER CODE ENFORCEMENT - TUSTIN CAR WASH The operator of Tustin Car Wash has asked to appear before the City Council to discuss the City's attempts' to seek compliance with City codes. Beginning in March, 1987 the City has notified the operator of Tustin Car Wash orally and in writing (letters attached) about code violations. Until recently, there had been no resolution of this situation. Also attached is a letter to L.A. Land Company in response to its inquiry to the City about whether Tustin Car Wash was in compliance with City zoning codes. Since correspondence regarding code enforcement is a matter of public record, L.A Land Company was provided with the information it requested. In a letter dated April' 4, 1989 (copy attached), the attorney for the car wash indicated that steps are and will be taken to comply with the City's requests. In this letter it is stated that "once again the City appears to be acting in concert with developers (L.A. Land Company) that have for some time coveted the subject property and made numerous attempts to terminate Mr. Yassini's lease". That statement is without basis. The facts are that L.A. Land Company made an inquiry, and as indicated above, the City responded With public information. The City's initial contact with the car wash about code violations occurred approximately one year before the inquiry from L.A. Land Company. The City has not acted in concert with any developer concerning this site. Any dispute between the car wash operator and the property owner is a civil matter that does not involve the City. This matter raises the issue of how code enforcement actions are initiated by the City. Pursuant to long standing City Council policy, staff responds to citizen complaints or health/safety violations observed by the-City. In processing a code enforcement action every attempt is made to obtain voluntary compliance. .Staff does not involve itself in disputes between landlords, tenants, potential 'buyers, etc. WAH:jcs ~~/ Attachments I COMPLAINT FORM ' RECE'[VZNG DEPARTHENT · ' " DEPARTHENT REFERRED TO · *ADDRESS OF COMPLAZNT ~QUESTED ACTZONS ' , ..... COI'IPLAZNTANT ADDRESS ' '~o~£ aUe.Ea ( II DEPARTMENT FOLLOIml UP ACTZONS iii i DATE ACT!ON i ii ii S~GNED · o DATE CLOSED ARKS SZGNE~ , .. - Corn reunify De',~lopmem Depar~men~ February 9, 1989 · . William Huston, City Manager City Hall 300 Centennial Way Tustin, California 92680 · Dear Mr. Huston, The Tustin Car Wash on Newport Boulevard has been going DOWN GRADE ~or the past sixteen years I have resided in this city. The fences are broken down, the signs have broken up, the landscap- ing is GONE. Please take a good look at that mess driving from the east to the west on Bryan. It could be walled out of sight as it is a disgrace to our community. We have all kinds of city rules and codes to live with and they have not improved that property in all those years. PLEASE DO SOMETHING! Thank you. Sincerely, 13654 H. Redhill Tustin, CA. 92680 .714/730-1335 City of Tustin Communillt Development Department Ktrch 6, 1981Jb · ' Zalda Black Henry 3882 Liggett Drive San Diego, CA 02~06 SUBJECTs CONDITION OF PROPERTY OF TUSTIN CAR WASH LOCATED AT 535 'EAST HAIN STREET, TUSTIN Dear Hts. Henry: Upon conducting a recent field inspection several violations of the Tuatin Municipal Code were found at the' subject address. The following is a list of the violations. 1. The paved parking area is not stripped. Accordin$ to City Standards as outlined in the enclosed Developuent Standards for Parking and Landscaping; 2. Litter and weeds in all. unpaved and landscaped areas; 3. One disabled white gardner*s trailer parke~ on an unpaved surface; 4. Two disabled hauling trucks parked at'rear of lot on an unpaved outface; 5. Use of unperuitted mobil/temporary signs; 6. JLtl 'signs, both petBanent and temporary are in violation of Tustin*s Sign Haintenance requirements. These violations shall be corrected within fourteen (14) days of this'notice. Once this period has passed, an inspection will be Bade to ensure the following: 1. Removal of all disabled vehicles from the property; 2. Clearing of.all weeds, litter and dead landscapingBaterials from the rear 10t area and perineter landscaping planters; 3. Removal of unauthorized signs; 4. Repair of all signs which are in violation of the enclosed Sign. l~aincenance requirements. 300 Centennial Way · TustJn. Califomla 92680 · (714) 544-8890 l Hatch 6, 1987 ',~, pass 2 If you have any questions, please concact the Comaunity Developuenc Department, $iacerely, .. · CHERYl. PEHGUE · Code ZnforecemenC Officer Enclosure cc~ Shaki Yassini Tuscin Car Ifaeh $35 hoc Hain STreeC Tuecin, CA 92680 Cl'{Jk Community Development Department February 22, 1988 Howard Hackler c/o L.A. Land Company 16752 Coral Cay Huntington Beach, CA 92649 SUBJECT: CODE ENFORCEMENT BACKGROUND FOR 535 E. MAIN STREET, TUSTIN. Dear Hr. Hacker: Per our conVersation wtth Laura Ptckup from the Community Oevelopment Department, ! have 11steal below the current code violations at the sub:iect address. 1. Violation of Section 9297, all vehtcles must be parked upon a paved surface designated for parktng. ® Violation of Section 4501, storage of abandoned, wrecked, dismantled or inoperative vehicles, .or parts thereof, on private or public property is declared a publtc nuisance. ® Violation of Section 4411, no person, whether the same to be the owner, agent or person in control of any lot.piece or parcel of land within the City shall maJntatn such premtses or allow the same to be maintained or permit the same to be maintained in a condition in which weeds, rubbtsh, or an material exists on such premtses whlch constitutes a fire hazard, or which may be dangerous or tn~iurtous to neighboring properties is declared a public~outsance. Landscape areas are not properly ma!ntalned, parking lot has rubbish and debris scatter throughout. ® Violation DY Section 9412, unmatntenanced permanent Identification stgns, unauthorized 'permanent and temporary signs. No person shall · Install or matntatn or cause to be installed and maintain an advertising stgn or add to an existing advertis-tng sign or move from one locatton and install In another location or later any advertising sign or part thereof, except as provided by thts chapter, and unless a permtt thereof has been obtained from the. City of. Tusttn pursuant to the procedures as specified in the Stgn Code section of the Tustin r4untctpal Code. 300 Centennial Way · Tustin, California 92680 · (714) 544-8890 Howard Mackler Page ~o These violations have been brought to the attention of the property owner as well as the tenant. At this time we have not received any compliance to our previous requests. If you should need more information or clarification on any of the above, please contact me at the number below. Sincerely, ./ /'¥.'."7 ~" '~ '""l ' .. Cheryl Pengue, Planning Technician CP:'ts City of Tustin II Community Development Department Apr11 Z6, 1988 Henry Zelda Black TR Z828 Upshur Street tls San Dtego, (mA 92106 SUIMECT: OVERGROI~I VEGETATION AND #~S AND AN UNHAINTAI#ED FREESTANDING SIGN AT THE TUSTIN~CAR IdASll ON 'file NORTH#r. ST CORNER OF N£#PORT AND HAIN AT 535 HAIN STREET, TUSTIN. Dear Property Owner: As a property owner tn the CttY of Tusttn, you have an Important role ts mktng our com~ntty a ntcer place In whtch to 11ye, ~ork and p]ay. The sub3ect conditions were nottced at your property at 535 ~tn Street whtch violate Sectton 4411 and Ordinance 684 of the Tustln Ctty (;ode and constitute a public nutsance and faflure to mtntatn a stgn tn a state of good repatr, Zn regards to the maintenance of the stgn, letters are mlsstng from the nam of the extsttng bustness whtch ts advertised on the stgn face. de appreciate your !nvesttgatton tnto these rotters and efforts 'to 1reprove the property's appearance, The advertising stgn must be repatred with the appropriate approva] and permtts tssued through thts department wtthtn 30 days, If after 30 days thts condition st111 persists, form1 abatement proceedings wtll be lnttated by thts department. Thank you for your cooperation and compliance. · Should you have any questions, please do not hesttate to contact me. Sincerely, Assistant P1 anner JS:;Ik 300 Centennial Way · Tustin, California 92680 · (714) 544-8890. - t City of ustin December 27, Zg88 CommunlW Development Del~tment Ns. Zelda Black Henry 2828 Upshur Street t11S San Otego, CA. 92106 SUSJECT: TUSTIll CAR liASII AT S3S FAST HAIll STREET, TUSTIll Dear Ns. Black: As a property owner tn the City of Tusttn, you have an Important role In mktng our comuntty a ntcer place tn which to 1tva, ~ork and play. Certain conditions have been nottced on your property located &t S3S East I~ttn Street and were confirmed by an Inspection by City stal'f on December 22, Zg88. The following conditions appear to be tn vlo]atton of the Tusttn Huntctpal Code: Parktng of trucks and tratlers on the unpaved open ]or fronting Newport Avenue (Tusttn Clty Code 9267). e 3e Se Outdoor storage of vehicles In C-2 Commertcal Zontng Dtstrtct (Tusttn Clty Code 9233 unauthorized 'temporary stgns on property fronttng Newport Avenue and Street (Tusttn City Code 9414, Ordinance 684). Broken and unmlntalned permnent signs. Pole stgn on Newport and Hain and stgns on the property (Tusttn Ctty Code 9443 Iai). Dead, mtsstng, overgrown landscaping ~along Newport Avenue and I~n (Tusttn City Code 550! and City Code 4411). Storage of miscellaneous Junk and debrts tn the parktng lot (Tusttn City Code 4324). l~e ktndly request that you undertake the following acttons to correct these condtttons: Remove the truck and tratlers from the unpaved lot. All vehtcles mUst be parked upon a paved surface destgned for parktng. Additionally, storage of any vehtcles or equipment outstde of a butldtng requires approval through a Conditional Use Permtt. Htthout beneflt of such a permtt, all vehtcles shall be removed front the property. 300 Centennial Way · Tustln, Callfomla 92680 · (714) 5a.~-8890 December 2 7, !988- PAge ~'o 8 Remove or oblaln peratr, s for ~he free s~ndlng ~e,porAry sJgn. s on .the property. Replace the mtsslng leT~ers And rePatnt the pole stgn on the corner of Newport Avenue and ~Jn Street. Prior to commencement of thJs work, a11' applicable buJldtng and stgn petrol,s must be Jssued. 8 Remove, replace and generally clean the landscaping Area Along Newport Avenue And Math Street. Secure chAtn 11nk fence. Remove The Junk, 11tter and debrts In the pArktng lot area. An Inspector w111 retnspect the property on January 13, 1989 to determine tf The corrections have been ~vd;. He ~ould greatly Appreciate your cooperation tn thts motor. Should you any questions, please contact me At (714) 544-8890, ex tenTton 2 74. Sincerely, dl~l. :Jk ' cc: Shakt1 Yasstnl - Manager Tusttn CAr I~ash 635 East ~ln S~'eet Tustln, CA 92 680 City of Tustin ! d~nuary 26, 1989 . .. t4s; Zelda 81~ck Henry 2828 Upshur Street t115 San Dtego, CA 92106 Dear Ms, B1 ack: Community Development Department · CERTIFIED I~AIL P 136061 735 #OTZCE AND ORDER Subject Property :. Tusttn Car ~/ash, 535 East ~latn Street Tustln, California 92680 .. Legal Description: "Assessor*s No.: Yorba SubdJvJsJon, Block E Book 2', Page 115 by Los Angeles County Recorder Assessor's t4ap Book 401, Page 612, Parcel 03 St te tnspectJon was rode of the property at 525 East ~tn Street o6 3a'n~ar~ 20, 1989 revealfng the presence of violations of the Tusttn Municipal Code. The conditions whtch render thts property tn vlo]atton of the Ctty Code are as 1. Parktng. of trucks and tral]ers on the .unpaved open lot fronting Newport Avenue (Tus$tn Ctty Code 9267). ! Ou.~loo.r storage of vehtcles**.Jn C-2 Commert~al Zonlng Dlstr~ct (Tusttn Ct ty Code 92~3 a-l). 0 Unauthorized temporary stgns on property fronttng Newport Avenue (Tustln City Code 9414, Ordinance 684). 4. Broken and unmlntalned permanent stgns. Pole stgn on-Newport and Main and signs on the property (Tusttn City Code 9443 £a]). 5, Dead, mtsslng, overgrown landscaping along Newport Avenue and Main (Tusttn Ctty Code 5501 and Ct.ty Code 4411). 6, Storage of miscellaneous Junk and debris tn the parktng lot (Tusttn Ctty Code 43~4). · The following correctJons must be made wJthtn thlrty (30) days. 1, Re,~ve the truc~ and tratlers*~om the unpaved lot, · All vehlcles must be parked upon a paved surface desJgned for parktng. AddJtlonally, storage - .. of any vehJcles or equipment, outside of a butl dtng .requires approval ... through a Conditional Use Perm?t. I~Jthout benef.tt of such a permit, all ve._h_tcles shall be removed frqm. the property. , 300 Centennial Way · TusUn, Califomla 92680 · (714)'544-8890 ' 1989 .- FAst I~ltn Sl~eet (Continued) 2. "' Remove or obtatn permtts for the free standtng temporary stgns on the proper ry. ,. 3.- Replace the mtsslng letters....,and repatnt the pole stgn. on the corner of #e~tport Avenue and t4atn Street,. Prtor to commencement of thts work, all appltc&ble butldlng and stgn permtts must be tssued. 4, Remove, replace and generally clean the landscaping area along Newport' Avenue. and Hain Street. Secure chatn 11nk fence. 5. Remove the Junk, 11tter and debris tn the parking lot area. Your failure to mak~ the above corrections wtll result in the Ctty Initiating form1, abatement proceedings. Please note that violations of the tauntclpal Code are misdemeanors sub;ject to cttatlon for each day satd violation extsts. Upon conviction, a vtolator could be sub;ject to up to $$00.00 ftne or stx (6) months Jat1. As you can see, your Immediate attention to thtS mattor ts necessary. Any person havtng any record tttle or legal tnterest tn the subject property may appeal thts Nottce and Order to The CITy Council, provtded The. appeal Is made ~tttng and ftled wtthtn thtrty (30) days from the da~e of servtce of thts Nottce and Order. Fatlure to appeal wtll constitute a~a'fver of 411 rtghts TO an · admlntstratl~ heartng and determination of the m~tter. · . o, Should you-have any-questions or requ.tre additional Information, please do not hesttate TO call (714) 544-8890, extension 274. Sincerely, I~. Ltght ~' ntng Technician JWL :,lk ' cc: Shaktl Yasstnt, Hanager Tus~tn Car I~ash 536 [a st Ha tn Street Tustln,, .CA 92680 o. a ' ...I, of Tustin March 29, 1989 Ms. Zelda Black Henry c/o Michael B. Witte esq. 1901 First Avenue, 1st floor San Diego CA. 92101 Community Development t . . Certified Mail. P 087 436 366 -. NON-COMPLIANCE ~ITH MUNICIPAL CODB VXOL~TIONS AT: 535 E. MAIN STREET, TUSTIN CAR ~FASH, TUSTIN Yorb& Subdivision, Block E., Book 2, Page 115 bi, Los Angeles County Recorder.' Assessor's Parcel No. 401-612-03 Dear Mr. Witte, At this time the subject-property is still.in viol. ation of Muncipal Code and corrections to conditions stated in previous letters dating back to March 6, 1987 (attached) have not been made. Conditions on the subject proPertY while s1%ghtly changed have not altere.d the. appearance of blighted conditions, and the property is in v~olation of Tustin Municipal Code Section 5500 et seq., Public Nuisance. While we believe the violations are created by the tenant the property owner is ultimately responsible, and formal action to a~ate conditions on the property requxre us to add~ess you. Attached xs a letter requiring the tenant to correct the vxolations, however it: seems that action on your part will ultimately be required to resolve:I' this issue. Maintenance of a public nuisance is in violatiOn of Municipal Code and directly responsible.parties may be cited for a misdemeanor in addition to the administrative process. ' The City intends to persue this matter through administrative and legal proceedings. The matter will be referred to the City Attorney, and City Council for abatement. Should the City Council declare that the conditions constitute a public nuisance and order the work to be done by the City to abate the conditions, all costs would be attached to the property taxes as a special assessment and lien. When-the issue is agendized for the City Cogncil all interested partxes will be noticed at least ten (10) days in advance of all hearings. Should you have any questions please do not hesitate to contact' this office at (714) 544-8890 extension 274. Sincerely, cc: City Manager Director Co~unity Devlopment City Attorney . 300 Centennial Way · Tustln, California 92680 · (714) 544-8890 City of Tustin March 29, 1989 Community Development Department Certified Mail P 087 436 367 Mr. Shakil Yassini Tustin Car Wash 535 East Main Street Tustin, CA. 92680 Dear Mr. Yassini, Subj eot Property: NOTICE AND ORDER 535 East Main Street Tustin, CA. 92680 Legal Description: Assessor's No.: Yorba Subdivision, Block E, Book 2, Page 115 by Los Angeles County Recorder 432-131-03 Persuant to previous letters stating violations, of Municipal Code (attached), ~ite inspection was made of.the property at 535 East ~ain Street, Tustln on March 24, 1989 revealing the 'presence of violations of Section 5500 et. seq. of the Tustin Municipal Code. The conditions which render this property in violation of the City Code are as follows: 1. Please refer to all correspondence attached dating back to March 6, 1987 for conditions cited. The following corrections must be commenced immediately: 1. Corrections are also listed in past correspondence and are required for compliance. Previous efforts to gain your cpoperation and compliance have not been effective so please be advised that ~our failure to make.all corrections has resulted in the City initiating formal abatement proce~d%ngs. Furthermore, no}e that violations of the Municipal COde ar? mlsaemeanors spbject to citation for each day said violation ~xxsts. ~pon con¥iction, a violator could be subject to UD to v ' ~500.00 fine or slx (6) months in jail. Issuance-of a Cit~ti°n does not provide relief from administrative proceedings or correction of all violations. Any person having any record title or legal interest in the subject prop.erty may appeal .this Notice and Order to the City. Coun.cil, provided the appeal Ks made in writing and filed within thirty (30) days from the date of service of this Notice and Order. Failure to 535 E. Main, Page I of 2 Notice and Order 3/29/89 300 Centennial Way · Tustin, California 92680 · (714) 544-8890 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 i.nformation, please do not hesitate to call (714) 544-8890, extension 274. Sincerely, Planning Techn~'cian JL:jwl cc: City Manager . Director Con,unity Development City Attorney Property Owner c/o Michael B.. Witte esq. 535 E. Main, Page 2'of 2 Notice and Order 3/29/89 ROBERTS & BARNUM ATTORNEYS · . , TNIr I~OBleF~TS LAW BUILDING STleVr N $ $O UA I1~1e 210 W[~T MAIN STREET SUITE ~O4 TU~TIN, CALIFORNIA 92680 .' April 4, 1989 OF COOi~SEL £DWARD M. FICOZZI, [SC). -- RECEIVED _ APR1 2 1989 Mr. Jack W. Light Planning Technician City of Tustin 300 Centennial Way Tustin, CA 92680 COMMUNI~ DEYLEO~E~ RE: SHAKILYASSINI 535 East Main Street Tustin, CA 92680 Dear Mr. Light: This office .represents Mr. Shakil Yassini and Tustin Car Wash. Our client ha~ provided ' us a copy of your March 29, 1989 correspondence and related documents. Please be advised that Mr. Yassini has undertaken to comply with your requested repairs and corrections and to date has completed the following: le Removed all parked and/or disabled trucks and trailers from the unpaved open lot fronting Newport Avenue; 2. Removed any outdoor storage of vehicles; 3. Removed all the miscellaneous "junk and debris"; 4. Requested bids to repair the broken 'sign; Se Replaced, removed and/or pruned landscaping along 'Newport and Main. Additionally, Mr. Yassini will immediately apply fOr permits for the ,temporary signs and for repair work on the permanent pole sign. I trust the above will satisfy all concerned regarding the subject property. If not, please contact the undersigned. %- ROBERTS & BARNUM ATTO Jack .Light, C~ty of Tustin Re: Shakil Yassini. April 4, 1989 Page two of two My client, while taking.the above action, nonetheless has asked me to convey his concern that once again the City appears to be acting in concert with developers (L.A. Land Co.) that have for some time coveted the s,lbject property and made~ numerous attempts to terminate Mr. Yassini's lease. As evidence of such, please note the City's correspondence to Mr. Howard Mackler (a copy of which is attached hereto) who is neither a tenant nor an owner of the subject property. Please be advised ..that my client will look with extreme disfavor on, and take appropriate action against, anyone who attempts to interfere with the remainder of his lease period. Very truly yours, THE LAW OFFICES OF ROBERTS & BARNUM ~CWR/tg Enclosures CLIFFORD W. ROBERTS, JR. ~- CC: City Attorney City Manager Director Community Development Property Owner c/o Michael Witte, Esq.