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Home My WebLink AboutCC 17 PUBLIC NUISANCE 05-21-90FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: DECLARATION OF AN INTENTION TO CONDUCT A PUBLIC HEARING FOR A PUBLIC NUISANCE AT 140 NORTH "A" STREET RECOMMENDATION It is recommended that the City Council approve Resolution No. 90- 54 declaring the City's intent to hold a public hearing on June 18, 1990 for the purpose of ascertaining whether the conditions on the property located at 140 North "A" Street constitute a public nuisance pursuant to Section 5501 et seq of the Municipal Code. BACRGROUNDZDISCUSSION The subject property is a single family residence and is owner occupied. The property owner is a ninety-one year old female who shares her home with her (approximately) sixty-five year old son. These individuals have been unable to maintain their property free of junk and debris. The property has overgrown vegetation at the rear yard which encroaches onto adjacent properties. It was for these reasons that staff began receiving complaints regarding the potentially unsafe and unsanitary conditions on the property. Staff's original Notice and Order was sent on August 29, 1989. Staff requested the removal of the accumulated garbage, junk and debris from the front, back and side yards within thirty ( 30 ) days. The property owner's son began some of the clean-up work but was unable to sufficiently clear the property and requested that staff grant him additional time. Staff granted the additional time request and continued to monitor the property. In October of 1989, staff began receiving inquiries from adjacent property owners regarding the lengthy amount of time it was taking to complete the required clean-up work on the site. The adjacent property owners also expressed concern about the health of the elderly property owner reporting to staff that they had not seen her in the last five years. With this information, staff contacted the Tustin Police Department as well as Adult Protective Services of the County of Orange to perform a "well person" check and to ascertain the level of care that the property owner was receiving. CONSENT" CALENDAR NO. 17 5/21/90 �► Inter - Com DATE: MAY 21, 1990 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: DECLARATION OF AN INTENTION TO CONDUCT A PUBLIC HEARING FOR A PUBLIC NUISANCE AT 140 NORTH "A" STREET RECOMMENDATION It is recommended that the City Council approve Resolution No. 90- 54 declaring the City's intent to hold a public hearing on June 18, 1990 for the purpose of ascertaining whether the conditions on the property located at 140 North "A" Street constitute a public nuisance pursuant to Section 5501 et seq of the Municipal Code. BACRGROUNDZDISCUSSION The subject property is a single family residence and is owner occupied. The property owner is a ninety-one year old female who shares her home with her (approximately) sixty-five year old son. These individuals have been unable to maintain their property free of junk and debris. The property has overgrown vegetation at the rear yard which encroaches onto adjacent properties. It was for these reasons that staff began receiving complaints regarding the potentially unsafe and unsanitary conditions on the property. Staff's original Notice and Order was sent on August 29, 1989. Staff requested the removal of the accumulated garbage, junk and debris from the front, back and side yards within thirty ( 30 ) days. The property owner's son began some of the clean-up work but was unable to sufficiently clear the property and requested that staff grant him additional time. Staff granted the additional time request and continued to monitor the property. In October of 1989, staff began receiving inquiries from adjacent property owners regarding the lengthy amount of time it was taking to complete the required clean-up work on the site. The adjacent property owners also expressed concern about the health of the elderly property owner reporting to staff that they had not seen her in the last five years. With this information, staff contacted the Tustin Police Department as well as Adult Protective Services of the County of Orange to perform a "well person" check and to ascertain the level of care that the property owner was receiving. City Council Report 140 North "A" Street May 21, 1990 Page 2 After conducting the "well person" check, staff was able to verify the property owner alive. However, staff was still concerned as to what could be done by the City to assist the property owner and her son in bringing their property into compliance and free of the public nuisance within a reasonable period of time. Staff continued to monitor the progress of the property. By February 1990, all clean-up efforts apparently ceased. In fact, the property owner's son appeared to be once again collecting junk and debris and storing it on the property. After consulting with the City Attorney, it is City staff's opinion that individuals at this property would be unable to clear the premises themselves. Staff followed through by sending a Final Notice and Order on March 27, 1990 requesting the property owner to clear the property and that failure to complete this work in thirty (30) days would result in formal abatement proceedings which would include a public hearing before the City Council to determine if the conditions at the property constitute a public nuisance. Should the Council approve Resolution No. 90-54, a public hearing would be held on June 18, 1990, after required Public Notice, for the Council's consideration of all testimony and evidence regarding the conditions at the property. If the Council were to declare the subject property a Public Nuisance ,by resolution, an abatement period of thirty (30) days would be set forth with specific required actions by which the property owner must clear said violation(s). This resolution would be served to the property owner and if the abatement were not completed, the City would cause the clean-up work to be performed. All costs incurred by the City would be reviewed by the Council to consider placing a special assessment on the property as a lien. CONCLUSION Based upon the Code Enforcement actions taken by staff thus far, staff recommends that the Council adopt Resolution No. 90-54 to initiate the formal abatement proceedings pursuant to the Tustin City Code Section 5501 et seq. QA E. Bonner Christine A. Shingle n Planning Technician Director of Community Development AEB:CAS:kbc Community Development Department 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 90-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA DECLARING THE INTENTION TO CONDUCT A PUBLIC HEARING TO ASCERTAIN WHETHER THE CONDITIONS AT THE PROPERTY LOCATED AT 140 NORTH "A" STREET CONSTITUTES A PUBLIC 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 5501 et seq of the Tustin City Code, and based upon the recommendation of the Community Development Department, a public hearing should be conducted to determine whether or, not the conditions at the property located at 140 North "A" Street, Tustin California, and identified with Assessor's Parcel No. 401-522-15, constitute a public nuisance. B. The conditions of the property are as follows: 1. Garbage, junk and debris in front, back and side yards visible from the public right-of-way and likely to harbor rats or other vermin. 2. Overgrown weeds and vegetation encroaching onto adjacent properties and visible from the public right-of-way. C. The recommended methods of abatement are as follows: 1. That all debris be immediately and permanently cleared from the property. 2. Trim and prune all overgrown vegetation. 3. Areas where debris and weeds have been removed and where landscaping has been lacking should be replaced with new landscaping where visible from the public right-of-way and be maintained permanently. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 90-54 May 21, 1990 Page 2 II. The City Council hereby authorizes a public hearing concerning the property at 140 North "A" Street, Tustin, California and identified with Assessor's Parcel No. 401-522-15 to be conducted on June 18, 1990. - PASSED AND ADOPTED at a regular meeting of the City Council held on the 21st day of May, 1990. MARY WYNN City Clerk RICHARD B. EDGAR Mayor