HomeMy WebLinkAboutPH RECOVERY OF COSTS 06-19-89~ ~ ~ PUBLIC HEARING
X T R A N S M I T T A L M E M O
NO. OF
T:
PAGES
TO:
FROM:
SUBJECT:
HONORABLE RAYOR AND CITY COUNCIL
COH~NITY DEVELOPAENT DEPARTHENT
RECOVERY OF CITY 'INCURRED COSTS OF ABATEHENT OF A PUBLIC NUISANCE LOCATED
AT 170 EL CAFII NO REAL
RECOI~NENDATION
After conducting the required public hearing it is recommended that the City Council
assess the charges of four thousand three hundred and fifty eight dollars and fifty
three cents ($4,358.53) against the property as a special assessment and lien (see
attached Exhibit A).
After assessing the lien, the Council may want to discuss alternative mechanisms for
the abatement of a dangerous building and attractive nuisance.
BACKGROUND AND DISCUSSION
In response to' a complaint from the ~_l_ty Council, the 'Community' Development
Department initiated enforcement of City Ordinances on,the suUject property in
December, 1988. A Notice and Order was sent on December 6, 1988 to the owners of the
property. A follow up letter was sent on December 22, 1988 requesting that the
property be cleaned up and secured. After failure of the property owner to complete
requested work on the property, field services did perform yard clean-up work on the
property pursuant to the City's Weed and Litter Control Ordinance'on January 4, 1989.
Several conversations did take place with the owner after initial work was co~leted
by the City and the owner agreed to complete the required work in .a timely manner.
Unfortunately, no such work was completed. Therefore, on January 27, 1989 the
Building Official posted the building unsafe for occupany per Section 203 of the
Uniform Administrative Code. A publ~ic hearing was subsequently noticed and held on
February 21, 1989 and the City Council adopted Resolution No. 89-25 declaring the
property at 170 E1 Camino Real a "Public Nuisance" and requesting completion of
certain work on the property.
Ct ty Council Report
June 19, 1989
170 E1 Camino Real
Pag~ two
Since no work was Completed, City staff have had to undertake additional work, at
City expense to keep the property, cleaned up and secured. '
All work and costs performed to date are detailed'--in the attached report (Exhibit
A)., Total costs to date total $4,358.53. It would be in order for the City Council
to assess these charges against the property as a special assessment and lien.
Per the direction of the City Counci.1 the Community Development Department also
conducted an interior inspection of the structure to determine the overall condition
of the. property on March 22, 1989. The Building Official on April 6, 1989 sent a
registered letter to the owner declaring the property a public nuisance and unsafe
structure per Secton 203 of the Uniform Code for the Abatement of Dangerous Buildings
and thus requested the owner to abate such conditions (Exhibit B).
Under compliance of Chapter 7 of the Uniform Code for the Abatement of Dangerous
Buildings, failure to obey an order may result in {1) cause such person to be
prosecuted under this Code or {2) institute any appropriate action to abate such
buildings as a public nuisance. This action per the Code can cause the building to
be demolished if the City continues to have a recurring problem with this property.
CONCLUSION
In addition to the rec,~mmended~ action to recover costs incurred on the subject
property, staff also recommends that the"Ctty Attorney file an injunction on the
property owner to complete all required work and maintain the property in a safe and
neat manner to eliminate the public nuisance and return the subject house in,to a
habitable condition. 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.
If the subject property continues to be a nuisance the Council may want to instruct
staff to initiate abatement proceedings to demolish the house as a substandard
structure. .
- ._~ ~ ~ ~ j~.
Lloyd Dice i.. i
Building Official
Christine Shingleton ~
Director of Community Development
LD:pe'f
Attachments:
Exhtbit A
Exhibit B
Community Development Department
TO:
HARY E. WYNN, CITY CLERK
FROM:
LLOYD DICK, BU'ILDING OFFICIAL
SUBJECT: ACCOUNT OF EXPENSES OF ABATEMENT WORK AT 170 EL CAMINO REAL
Pursuant to the Uniform Housing Code, 1985 Edition, Chapter 16, this report is an
accurate account of expenditures for all work performed at 170 E1 Camino Real, City
of Tustin, Accessor's Parcel # 401-571-05.
All Work..... performed _was as follows: Yard clean up, mowing and clearing of weeds,
shru'[J'-trimming, removal"~f "debris and abandoned vehicles and hazardous solvants.
Securing of property by boarding up windows and doors on the exterior of the
building. '
PUBLIC WORKS:
WORK DATES COSTS
1-4-89 Man hours at 21.50 hours
Equipment at 10 hours
Materials - lump sum.
4-1'4, 4-17, 4-18, 5-2, 5-3, 5-9, and 5-10
Man hours at 63.50 hours
Equipment at 26 hours ~-'
.Contract/Materials - lump sum
POLICE DEPARI~IENT
1-4-89 Man hours at 1 hour
5-g-89 Man hours at 6 hours
Subtotal of costs accrued
COMMUNITY DEVELOPMENT
Overhead at 14.5[
$ 525.52
330.00
23.69
$1,046.06
430.00
1,371.65
24.00
$ 55.72
3,806.58
551.95
TOTAL COST
$4,358.53
This information will be needed for the City Council and public hearing notice. When
the date is set for said hearing under Section 1602 of the Uniform Housing Code, we
will post the property and notify all legal owners of the property.
The owners of interest are as follows:
Mr. Martin Perfit
P. O. Box 69764
Los Angeles, CA~ 90067
Mrs. June Perflt
366 South Hudson Avenue
Los Angeles, CA. 90020
.LD:pef
Attachments
EXHIBITS
WI.-.
· *
_
DATE:
TO:
FROM:
SUBJECT:
January 5, 1989
Christine Shingleton, Director of Community Development
Pablo Rodriguez, Manager Field Services
Abatement Action - Your Memo daled, Dec(~mber 28, 1988
Inter- Corn
RECEIVED
',.',. ;.~
,.,,,,.,' 0 5 989
COMMUNITY DS,ELOP~,i~T
Graffiti 'at 13841 Newport Avenue (Sycamore Creek Apartments) was removed on
December 29, 1888.
The premise at 170 El 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 attachment and statement from
Tustin Hard)Nare.
The work consisted of the lollow[)~:
'1. Pick up and dispose of debd's and old lurniture in lront of house.
2. Mow grass in lront yard.
.
Board up broken windows a,.'~d secured d, gqo_rs with lock and hasps.
Keys given to Lloyd Dick. ..
If I can be of lurtl~er assistance, please call.
Pablo Rodriguez
Manger Field Services
cc:
Robert Ledendecker, Director of Public Works/City Engineer
Laura Kuhn, Planning
Attachments: (3)
Photo's: (7)
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TO:
FROM:
SUBJECT:
Chr'istine Shingleton, Dir. Community Development
Bob Faxon, Maintenance Sul)ervisor
Resolution No. 89-25, 170 E1 Camino Real
April 14, 1989
Noel Kapple,
Robert Guerrero
#5624
2 hrs.
5 hrs.
4 hrs.
$39.16
$74.80
$40.00
April 17, 1989
Bob Faxon
Larry Davis
Ken Schultz
Andy Thompson
Ed Murrell
Hank Stanczyk
#5626
#5615
#5637
#5619
#5622
2 hrs.
5.5 hrs.
5.5 hrs.
5.5 hrs.
~§ hr.s.
5.5 hrs.
5.5 hr.s.
3.5 hr.s.
3.5 hrs.
5.5 hrs.
2 hrs.
$42.22
$108.13
$1o8.13
$95.26
$74.64
$71.12
$55.00
$70.00
$70.0o
$55.00
$20.00
April 18, 1989
Ken Schultz
Hank Stanczyk
#5615
#5637
3 hrs.
3 hrs.
3 hrs.
3 hrs.
$58.98
$38.79
$60.00
$60.00
May 2, 1989
Andy Thompson
Marlo Medina
3 hrs.
3 hrs.
$51.96 '
$38.79
May 3, 1989
Ken Schultz 6 hrs. $117.96
Mario Medina 6 hrs. $77.58
May 9, 1989
Ed Murrel 1
O1 i n Brandvol d
1/2 hrs.
1/2 hrs.
May 10, 1.989
$6.79
$7.48
Materials:
Bob Faxon I hrs. $21.11
Corey Hayes 1/2 hrs. $8.66
Chuck M. 1/2 hrs. $4.50
Screws for boar¢.ing up windows
D6ums for hazar¢i, ous waste
Vermeculite for hazardous waste
Di.sposal of haz~,rdous ~w~ste
TOTAL DUE: For Services by Fiel'd Service~'
$3.00
$204.05
$114.60
$1o5o.oo
$2847.71
TO: Bob Faxon
FROM: Mark. Bergquist, Traffic Supervisor
SUBJ£CT: Personnel costs for Abatement - 170 E1 Camino Real
The following costs were incurred by the. Police Department
in the abatement project at 170 E1 Camino, Tustin
Parking Control Officer
Community Services Officer
Field Supervisor - Sergeant
3 hours (7.25)
1 1/2 hours (7.77)
1 1/2 hours (14.88)
TOTAL
$21.75
11.65
22.32
$55.72
Respectfully,
Sgt. M. Bergquist
City of Tustin
April 6, 1989
ExhJbit B
Community Development Department
CERTIFIED MAIL P 087 436 365.
Mr. Martin Perftt
P.O. 'Box 69764
Los Angel es, CA 90069
NOTICE AND ORDER TO ABATE SUBSTANDARD PROPERTY AND UNSAFE BUILDING AT 170 EL CAHINO
REAL. TUSTIN. ASSESSOR'S NO. 401-571-05
.
Notice is hereby .given that pursuant to the provisions of the City of Tustln
Municipal Code, Article 8, the Uniform Housing Code, Section 1001, the..Unlform
Administrative Code, Section 203 and the Uniform Code for the Abatement of
Dangerous Buildings Section 302. The above mentioned property has been inspected
and found the premises and the dwelling structure substandard and unsafe.
An inspection by the C°mmunity Development Department, Planning and Building
Divisions along with ttle Orange County Fire Department on March 22, 1989 found' the
following conditions:
1. Inadequate Sanitation (U.H.C., Section 1001 b).
a. General di:lapidation and improper mintenance.
b. Lack of adequate heating facilities.
-
2. S~ructural Hazards (U.H.C., Section 100~ c).
!
a. Defective and deterioral;ed flooring in bathroom and service porch.
b. Illegal alterations in attic. Bedroom walls -and closet.
Flooring/ceiling supports are of insufficient size to carry imposed
loads with safety.
'c. Chimney, is defective and deteriorated, thus imposes a safety hazard.
3. The property is an overall nuisance (U.H.C., Section 1001 d, U.C.A.D.B.,
Section 302 ).
a. Entire property is an attractive nuisance being left unfenced and
unsecured. Rear property has abandoned motor vehicles, unsound fence,
having ~rash and debris which prove a hazard for inquisitive minors.
4. Hazardous electrical wiring (U.H.C., Section 1001 e).
·
a. Service panel and wiring throughout the house.
300 Centennial Way · Tustin. California 92680 · ~(714) 544-8890
April 6,' 1989'
NOTICE AND ORDER
170 El Camino Real
Page 'l;wo
5~
,11
Hazardous plumbing flxcure'(U.H.C., Section 1001 f).
a. 'Illegal' use of garden hose for shower hookup.
Hazardous mechanical equipment (U,H.C., Section 1001 g).
a. F1 oor heater and venting.
Faulty weather protection (U.H.C., Section 1001
a.
bo
- .
Deteriorated waterproofing of exterior walls, roof and broken wlndo~s.
Deteriorated, crumbling of loose plaster throughout. , .
8. Hazardous and unsanitary premises (U.H.C., Section 1001 k).
a. Accumulation of weeds, junk and paint solvents.
, ,
YOU ARE ORDERED TO:
lo
Do not occupy until cleared by the Building Official (the building was posted
"Unsafe"-as of 1/27/89). ~
2. Obtain all necessary building, elec~cal, plumbing'and mechanical permits to
rehabilitate the house before occupa'n'cy.
PROCEDURE OF CONSEQUENCES FOR NON-COMPLIANCE:
-
The Community Development'Deparl~nent will conduct a reinspection of 'this" Property
thirty (30) days after the mailing of this not'ice.
If you have failed to correct these violations by the date of the reinSpectlon the
following events will occur: '
o
The matter will be turned over to the City Attorney's office for criminal
prosecution. Each day of violation may constitute a separate misdemeanor, the
penalty, for which is $500,00 and six (6) months maximum time in jail for each
violation.
The Building Official will file with the County Recorder a Certificate of
Substandard Building, certifying the property is substandard and in
non-compl lance.
Civil Abatement: In addition to the aforementioned consequences, the Building
Official may commence civil abatement, proceedings against you.
April ti, 1989
NOTICE: AND ORDER
.1.70 E1 Camlno Real
Pa'ge three
This letter constitutes your Notice and Order to obtain bulldlng permtts; ftnal
Inspection clearance of all ~ork requiring butldl
O.ccupancy for the bulldln~ ~t ~n c __ ng permits and a Certificate of
~--..~ ~1 Camlno Real. All necessary permits shall be
'obtained wlthtn ten (10) days and .all work completed and occupancy released no
later than thirty (30) days from the date of the matltng of thls no~lce, .
,.'
Any person having any record tttle or legal interest in the property nay appeal
this Notice and Order to the Bullding Offtclal by flling a ~ritton appeal within
thirty (30) .days of the mailing of this Notice and Order. Fatlure to appeal, shall
constitute a waiver of any and all rights to an administrative hearing and
determination of this matter.
.:
I~e sincerely sollclt your cooperation in correcting these violations.. If we can
provide any further Information or assis~ance please ¢all the Community
Development Department at-(714) 544-8890.
Sincerely,
Christine Shingleton
Director of Community Development
Buildtng Offlcial
CAS :LD: jk