HomeMy WebLinkAboutPH 2 PUBLIC NUISANCE 06-18-90A� 3
DATE:
JUNE 18, 1990
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
PUBLIC HEARING N0. 2
6/18/90
Inter - Com
SUBJECT: DECLARATION OF PUBLIC NUISANCE - 140 NORTH "A" STREET
RECOMMENDATION
It is recommended that the City Council approve Resolution No. 90-
66 declaring the property located at 140 North "A" Street a public
nuisance pursuant to Section 5501 et seq of the Municipal Code.
BACKGROUND/DISCUSSION
On May 21, 1990, staff presented a report to the City Council in
order to gain the approval of Resolution No. 90-54 declaring the
intent to hold a public hearing to determine if the conditions at
the property located at 140 North "A" Street constituted a public
nuisance. Staff originally received complaints regarding the
subject property in August, 1989 and responded to those complaints
by verifying the code violations, and notifying the property owner.
During the next six months, staff monitored the property. The
property owners are elderly and requested additional time to comply
with the City's request. However, by February, 1990, staff was
again receiving inquiries from adjacent property owners with regard
to the lengthy amount of time that it was taking for the property
owner to complete the required clean up work.
Due to the lengthy time it was taking the property owner to perform
the required clean up work and because the individuals were
elderly, staff made contact with the Adult Protective Services of
the County of Orange, Social Service Division. Staff consulted
with this agency to provide the City with the specialized
assistance and analysis that could be offered to the individuals
at the subject property. The Agency accompanied staff on two
occasions and were able to ascertain that the individuals within
the residence were functioning as a household and that basic needs
were being satisfied. They also offered the individuals persons
to contact to assist in the clean up work. The son of the property
owner refused this assistance.
As a result of staff's first visit, it was determined that a Public
Health Nurse from the County of Orange Social Services Division
should accompany staff on a return visit to determine if the most
elderly of the individuals was in good health as she is bed-
City Council Report
140 North "A" Street
June 18, 1990
Page 2
ridden. On October 20, 1989, staff conducted a continuation of the
previous "well -person" check and the Public Health Nurse confirmed
that the elderly woman was in good health and reported that she was
being comfortably provided for.
Staff has reason to believe the condition on this property will
most likely reoccur. Therefore, staff will again be contacting
Adult Protection Services for their assistance in an effort to
provide the individuals with the opportunity to take advantage of
any programs or contacts available. Staff has also made
preliminary contact with Jonnae Ostrom, the "Pack Rat Specialist",
regarding the problems observed by staff. Ms. Ostrom is a licensed
psychologist that has organized "Pack -Rat Anonymous" meetings where
group therapy is utilized to help individuals with their
"collective" habits. If Resolution No. 90-66 is adopted by the
Council and the property owner fails to perform the required clean-
up work resulting in the City performing the clean-up work, staff
will contact both Ms. Ostrom and Adult Protective Services. Adult
Protective Services has already confirmed that they would like to
assist staff and the property owner by offering support to the
property owner during any clean-up work they may be required to be
performed by the City.
CONCLUSION
Based on the action taken by staff to date and because conditions
still exist on the property as a nuisance, staff recommends that
the Council adopt Resolution No. 90-66, which lists both the
violations and the steps required to abate the conditions.
E. Bonner ristine A. Shingleto
Planning Technician Director of Community revelopment
AEB: kbc
Attachments: Resolution No. 90-66
Staff Report May 21, 1990
Community Development Department
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RESOLUTION NO. 90-66
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, DETERMINING THAT
CERTAIN CONDITIONS ON THE PROPERTY LOCATED AT
140 NORTH "A" STREET 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 finds and determines as follows:
A. Pursuant to Section 5501 et seq of the Tustin
City Code, and based upon recommendation by
the Director of Community Development,
Resolution No. 90-54 was adopted authorizing
a public hearing for the purpose of
determining if conditions on 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 property owner of the subject property was
duly notified of the public hearing date via
certified mail, return receipt requested, and
a physical posting on the property.
C. That the condition on the property noted in
Section IB of Resolution No. 90-54 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 on the
property located at 140 North "A" Street within
thirty (30) days from the date of this Resolution.
A. That all junk and debris be permanently
cleared from front, sides and rear portions of
property.
B. That all overgrown vegetation (including
trees, shrubs, vines, groundcover, etc.) be
trimmed or pruned and maintained permanently
as such so as not to intrude on adjacent
properties or public right-of-way.
C. Front lawn area shall be properly maintained
and restored with a ground cover or lawn
sufficient to cover. This landscaping shall
be kept alive, free of all weeds and trimmed
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Resolution No. 90-66
Page 2
regularly so as not to become a nuisance.
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 period abated, the City
shall immediately cause the same to be abated by
City personnel or private contract. The owner of
the property at 140 North "A" Street shall become
liable to the City for all costs of such abatement
including administrative costs. However, if the
nature of the abatement and continual maintenance
of the site is questionable, the City Attorney may
initiate legal proceedings to gain compliance as
determined necessary. Recovery of any of these
costs will be attained through a special assessment
against the parcel. After the assessment is
confirmed, it shall be a lien on the property.
PASSED AND ADOPTED at a regular meeting of the Tustin
City Council, held on the 18th of June, 1990.
MARY WYNN
City Clerk
RICHARD EDGAR
Mayor
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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.
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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 WY
City Cle� k
RICHARD B. EDGAR
Mayor
ri u
DATE:
MAY 21, 1990
pit
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 All Street constitute a public
nuisance pursuant to Section 5501 et seq of the Municipal Code.
BACRGROUND/DISCUSSION
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 questing the property owner to clear the property and
that failure to complete this work in thirty (30) days would result
in formal abatementproceedings 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.
A E. Bonner Christine A. Shingle n
Planning Technician Director of Community Development
AEB:CAS:kbc
Community Development Department