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HomeMy WebLinkAboutCC 12 PUBLIC NUISANCE 08-07-89 ~ i~..i~ '":"~ ~ CONSENT CALENDAR i~ ..,' __ .,~'.,,~Y ~ NO. 12 DATE: AUGUST 7, 1989 ~ TO: WILLIAM A. HUSTON, CITY MANAGER FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: DECLARATION OF INTENTION TO HOLD A PUBLIC HEARING FOR THE PURPOSE OF DECLARING A PUBLIC NUISANCE - 13151 RANCHWOOD ROAD RECOMMENDATION i i i IC is recommended that City Council: 1. Approve Resolution No. 89-114 declaring the City's intent to hold a public hearing on September 5, 1989 for the purpose of declaring a public nuisance at 13151 Ranchwood Road. 2. Authorize a public hearing to be scheduled on September 5, 1989.for the purpose of receiving protest or objections to the work charges being imposed as a lien on the property. BACKGROUND AND ANALYSIS i iim The Community Development Department has been receiving complaints regarding the condition of the front and rear yards at 13151 Ranchwood Road since approximately June 1987. The property contains a single family detached home which is located in a R-1 Single Family Zoning District. The house is surrounded on all sides by similar single family detached homes and R-1 zoning. In an effort to abate the conditions, letters uere sent to Ms. Marcella Napolitan, the property owner who al so resides in the house (copies of correspondence to Ms. )4apolitan are attached). The Bellewick Community Association, the homeowner's association which the subject property is a member of has been struggling with the maintenance problem of this property for several years. From time to time, Ms. Napolitan has attempted to minimally comply, only to return to a public nuisance condition. On April 12, 1989, Ms. llapolitan submitted a letter of appeal to the ~4arch 10, 1989 Notice and Order to abate conditions {see attached letter). As of July 25, 1989 the subject property remains in violation of the City Code and complaints are being received for the presence of overgrown vegetation encroaching on adjacent properties, harboring vermin and dead and missing landscaping overrun by weeds (violation of Tustin City Code, Sections 4411 and 5501). Because abatement has not yet been achieved, staff has revieweU the City Code in reference to public nuisance abatement procedures. Since Code Enforcement has been unsuccessful at the staff level, formal action must be taken by the City August 7, 1989 Page two Council. Under current provisions, the following actions should be taken in sequence and according to methods prescribed by the City Code and State law: . 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 aba teme n t. 2. Certified delivery of notice to property owner within thirty (30) days of approval of the resolution, but at least 10 days prior to the date of the public hearing. 3. The approved resolution is posted on said property at least ten (10) days prior to the public hearing. 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 found to be a public nuisance, the Council then passes a resolution setting forth a thirty (30} day abatement period listing the required actions by which the property owner must clear said violation(s). Should the Council approve the resolution declaring a public nuisance, :he resolution is served on the property owner. If abatement is not completed by the property owner within a thirty (30} day period, the City may cause to have such action taken and assess all costs upon the property for labor and administration. The City Council would also review and approve the wri:ten report which s:ates all costs prior to assessing the property owner. CONCLUSION Based on the history of Code Enforcement action by staff in the past and the recent requests for action, staff recommends that the City Council approve Resolution No. 89-114 which lists the previously mentioned violations and includes a list of requested abatement actions. This resolution sets a date of September 5, 1989 for the purpose of conducting the required public hearing pursuant to Nuisance Abatement Regulations. Beth Scl~oema nh- Associate P1 anner CAS:BS:jk Attachment: Resolution No. 89-114 Letters to Property Owner Ciiri sti ne Shin gYe'ton Director of Community~evel opment Corn munity DeveloPment Department 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 lS 19 20 21 22 23' 24 25 26 27 28 RESOLUTION NO. 89-114 A RESOLUTION 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 13151 RANCHWOOD ROAD (AP #500-011-24) 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 5500 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 condition of the property located at 13151 Ranchwood (AP #500-011-24) constitutes a public nuisance. B. The conditions of the property are as follows: 1. Overgrown vegetation, encroaching on adjacent properties and harboring vermin (violation of Tustin City Code Sections 4411 and 5501); 2. Dead and missing landscaping being overrun by weeds. C. The recommended methods of abatement are as follows: 1. Removal of all overgrown vegetation, dead landscaping, weeds and fallen fruit. 2. That all debris be immediately and permanently cleared from the property. . Replace all dead and missing landscaping with new grass, ground cover, etc. e Items I.C. 1, 2 and 3 of this resolution be accomplished within thirty (30) days of adoption of this resolution. II. The City Council hereby authorizes a public hearing concerning the property at 13151 Ranchwood Road (AP #500-011-24) to be conducted on September 5, 1989. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 7th day of August, 1989. ~. L. Baker Chairman p~nni ~ Follley .... Secretary £it7 of Tustin _ July 27, 1989 Community Development Department Ms. Marcella Napolitan 13151 Ranchwood Road Santa Ana, CA 92705 CERTIFIED MAIL Dear Ms. Napolitan: Subject Property: Assessor,s Parcel No.: Legal Description: FI1TAL NOTICR 13151 RanchWood Road Tustin, California Assessor,s Map Book 500, Page 011, Parcel 24 Lot 22 of Tract 6628 A site inspection was made of tho subject property on July 26, 1989 revealing the presence of violations of Sections No. 4411 and 5501 of the Tustin City Code. The conditions which render the property in violation of the City Code are as follows= 1. Overgrown vegetation and rotten fruit in rear yard creating a harborage for rats and other vermin~ 2. Dead a~d missing landscaping in front yard area~ 3. Weeds ~n front yard area. T~e City of Tustin has notified -'o" -' -=- - . · ~ ~ v~ ua~ same or very sLmllar v~lat~ons of.the. City Code.on numerous occasions in the failure to maLnta~n the sub---* ~ ..... ,._ ~ .... past. Your The ¢o~ununltv D-..~ ..... - ..... . .---- -~-,.m=au procoedlnas. P enting a staff report to tho City Council on August 7, 1989 at their regular meeting'which begins at 7:00 pm in the Council Chambers at 300 Centennial Way, Tustin. A copy of the staff report will be available at the City Clerk,s office on the Thursday prior to the meeting. Staff will be 300 Centennial Way · Tustin, California 92680 · (714) 544-8890 page Napolitan recommending that the following corrections be made to the property: 1. Removal of all overgrown vegetation in the front and rear yards~ 2. Removal of all dead landscaping~ 3. Removal of all weeds~ 4. Removal of all fallen fruit in rear yard. Should you have any questions, please don,t hesitate to call this office. Sincerely, Christine A. Shingleton Director of Community Development Laura C. Kuhn Senior Planner City of Tustin Community Development Department April 11, 1989 Marcell a Napol 1 tan 13151 Ranchwood Tustin, CA 92680 SUBJECT: INADEQUATE PROPERTY HAINTENANCE AT 1621 BRYAN AVENUE, llJSTIN Dear Ms. Napol i tan: As a resident and/or property owner in the City of Tustin, you have an important role in making our community a nicer place in which to live, work and play. Certain conditions have been noticed at your property located at 1621 Bryan Avenue and were confirmed by an inspection by City staff on April 10, 1989. The following condition appears to be. in violation of the Tustin Municipal Code: , 1 1. Overgrown weeds (Code Section 4411). We kindly request that you undertake the following action to correct this condi ti on: 1. Have weeds removed or cut to the ground. An inspector will reinspect the property on April '28, .1989 to determine if the corrections have been made. We would greatly appreciate your cooperation in 'this matter. Should you have any questions, please con~act me at (714) 544-8890, extentlon 274. Sincerely, ~ml arming Technician JWL: jk .o 300 Centennial Way · Tustln, California 92680 · (714) 544-8890 City of Tustin Community Development Department November 10, 1988 Ms. Marcella Napolltan 13151 Ranchwood Tusttn, CA 92705 (~SUB~ECT~ COMPLYING WITH RUNICIPAL CODE: FRONT YARD CONDITION Dear Ms. Napol i tan: An inspection of your property at 13151 Ranchwood found a partial completion of the front yard improvements that are necessary to bring the property into compliance with the Municipal Code. As previously discussed .in my letter dated October 7, 1988, ground cover planting of the yard was to be completed by November 8, 1988. A portion, of the yard had been planted by that date, but a large amount of dead, unmatntatned lawn remains unimproved. If the progress already made continues to completion by November 21, 1988, the City shall be able to avoid legal action on the vtolati on. On November 21, 1988 the City will conduct it's final inspection of the property. If compliance has not been obtained, this matter will be directly referred to the City Attorney's office for legal action. This action can result in issuance of a misdemeanor violation, punishable by up to 6 months in jail and/or a $500 fine. Should you have any questions, please contact me at (714) 544-8890, extension 273. Sincerely, Eft c Haaland Assistant Planner EH: ts Enclosure: Copy of October 7th letter 300 Centennial Way · Tustin, California 92680 · (714) 544-8890 City of Tustin October 7, 1988 Community Development Department CERTIFIED NA)L P $11-454-154 Ms. Marcell a Napol i tan 13151 Ranchwood Tustln, CA 92705 SUBJECT: IMPROVING AND MAINTAINING YARD Dear Ms. Napol t tan: Thank you for our meeting on September 15th fo discuss the improvements required and the maintenance necessary to bring the front yard at 13151 Ranchwood up to code. The primary improvement to be made is the planting of ground cover (i.e. grass, vines, ivy) in the area that is now dead lawn. The trimming of overgrown vegetation was discussed, most specifically for shrubs growing over fencing and vegetation growing over concrete sidewalks and driveways. Please cut or edge this material down to an acceptable level. In completing this Work, please do not disturb neighboring properties any more than is absolutely necessary without their permission. Be advised that our discussion did not include 1 ittering neighboring properties whether certain vegetation growth is a'.result of their yard or not. The greatest concern for the future of your property is that the yard and its improvements are constantly maintained. Adequate watering and trimming must take place on a regular basis as is exemplified by the other properties in your neighborhood. Should the discussed improvements and maintenance not be satisfactorily accomplished, the City will have to pursue legal action as the Municipal Code dictates. Please sign in the space provided below to acknowledge our discussion on the matter and return a signed copy of this letter and keep one for your own records. The date of the Community Development Department's next inspection of your property shall be November 8, 1988 for which the initial planting and landscaping, trimming and maintenance must be completed. Should you have any questions or need additional information, contact this office at 544-8890, extension 273. Si ncerely, L~a~fra Pi c'kup ~/ ~Sentor Planner E¥t c Hb~l and . Assistant Planner LP:EH'jk Ma~C~ i ) a Napo l1 tan Date 300 Centennial Way · Tustin, California 92680 · (714) 544-8890 City of Tustin Community Development Department August 25. 1988 Rs. M~rcella Napol i tan 13151 Ranchwood Tusl;ln, CA 92 680 CERTIFIED HAIL P 136 061 691 SUBJECT: CONDITION OF PROPERTY AT 13151 RANCHWOOD, TUSTIN (LEGAL DESCRIPTION- LOT 22 OF TRACT 6628, ASSESSORS PARCEL NO. 500-011-24). Dear Ms. Napol itan: Please refer to the prevtous correspondence sent to you regarding the weeds and overgrown vegetation in the front yard of the subject property. Since our last letter of July 8, some efforts have been taken to clear the weeds and vegetation. However, the property is still considered to be in violation of the City Code and complaints are still being filed with this Oepartment. The City is obligated to insure compliance with the City Code. In this effort, we must notify you, as the legal owner of the subject property, that the City intends to take formal action to gain compliance. Specifically, the property cons:itu:es a violation of Se:itOh 441! of the Tustin City Code. A copy of this Section and the required aba:omen: procedures are enclosed for your review. You are hereby advised that this is a FINAL NOTICE. Should the weeds and overgrown vegetation remain on the property after ten (10) days of receipt of this notice, the City will be forced to initiate the proceedings as outlined in Chapter 4 of the City Code. This procedure can result in the City's placing a lien on your property for the cost of abatement and possible issuance of a misdemeanor citation which is punishable through a fine up to $500.00 and/or up to six months in jail for each day that the property remains in violation of the City Code. Additionally, the nature and frequency of this type of violation on the subject property warrant constant complaints from residents in your neighborhood. Should future violations of the same nature occur, the City may be forced to take stronger actions under Section 5500 of the City Code for establishing the property as a public nuisance. These procedures are costly and all administrative costs can also be the responsibility of the violator. 300 Centennial Way · Tustin, California 92680 · (714)5~.4-8890 August 25, 1988 Page two The City's prtme objective in this effort is to clean up the property and insure continued maintenance. Tustin is a great place to live and the City and its residents pride themselves in maintaining an inviting and aesthetical]y pleasing environment. Please join us in our efforts to create a better environment by participating in a manner that brings the appearance of the subject property in line with its surroundings. Your prompt and continued cooperation in this effort is greatly appreciated. Sincerely, kup Senior P1 anner LP:jk City of Tustin July 8. 1988 Community Development Department CERTIFIED #AIL P 136 061 687 Marcel 1 a A. Napol t tan 13151 Ranchwood Tusttn, CA 92680 Dear Ms. Napol ttan: Subject Property: NOTICE AND ORDER ' 13151 Ranchwood Tustin, California 92680 Legal Description: Lot 22, Tract 6628 Assessor' s No.: Assessor's Map Book 500, Page 011, Parcel 24. Site inspection was made of the property at 13151 Ranchwood on June 16, 1988 revealing the presence of a public nuisance per Section 5501 of the Tustin Municipal Code. The condition(s) which render this property a public nuisance are as follows: le Overgrown weeds in front yard - lack of maintenance. The following corrections must be made within thirty.(30) days, or the City will proceed to cause the work to be done and assess all costs against the property or i ts owner s: 1. Groom and maintain yard. Any person having any record title or legal interest in the subject property may appeal this Notice and Order to the City Council, provided the appeal is made in writing and filed within thirty (30) days from the date of service of this Notice and Order. Failure to 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 hesitate to call me at (714) 544-8890 extension 273. Sincerely, Eric Haaland Planning Technian information, please do not EH:jk cc: WilliamHuston Bellwick Community Association 300 Centennial Way · Tustin. California 92680 · (714) 544-88.q0 City of Tustin Community Development Department March 25, [988 CERTIFIED MAIL P 136 061 483 Marcel la A. Napol i tan 13151 Ranchwood Tusttn, CA J~ SUBJECT: WEEDS AND OVERGROWN VEGETATION ZN FRONT YARD ttlICH CONSTITUTES A PUBLIC NUISANCE AT 13151 RANCItWOOD, TUSTIN. Dear Ms. Napol I tan: We have seen that you have been making efforts to remove the subject violations and appreciate your progress. However, the violation still exists and efforts to remove the rest of this condition must be made within ten.(lO) days of receipt of this letter. Thank you for your cooperation. If you have any questions, please do not hesitate to contact me. Si ncerel y, Assistant Planner JS:jk City of Tustin Community Development Department March 8, 1988 Marcella A. Napol itan 13151 Ranchwood Tusti n, CA SUBJECT: WEEDS AND OVERGROWN VEGETATION Itt FRONT YARD WH ICtt CONSTITUTES A PULBIC NUISANCE AT 13151 RANCHWOOD, TUSTIN Dear Ms. Napol itan: As a property owner in the City of Tustin, you have an important r'ole in raking our community a nicer place in which to live, work and play. The subject condition was noticed at your property at 13151 Ranchwood. We would appreciate your investigation of this situation and your efforts to improve the property's appearance within ten {10) days of receipt of this letter. Thank you for your interest in a better commun i ry. Sincerely, Joel S1 avl t Assistant Planner JS:jk CDD :WTI :10/85 300 Centennial Way · Tustin, California 92680 · (714) .544-8890 City of Tustin Community Development Department December 18, 1987 Marcel la A. Napol t tan 13151 Ranchwood Tusttn, CA ~3L~r80 SUBJECT: CONDITION OF PROPERTY AT 13151 RANCHWOOO, TUSTIN. Dear Ms. Napolttan: The Community Development Department would 11ke to thank you for complying to our prevtous correspondence by cleantng the front yard. Recently the department has recetved complaints concerning the rear. yard. As a result of a follow up Inspection, the following violation was found' 1. ~he rear yard contatns overgrown vegetation which constitutes a public nuisance. According to Tusttn ~luntcipal Code, Section 4411 - "No person, whether the same be the owner, agent or person in control of any lot, plece or parcel of land wtthtn the City, shall malntatn such premises or allow the same to be maintained or permit the same to be maintained in a condition in which weeds, rubbish or any matertal exist on such premtses whtch constitute a fire hazard or whtch may provide a refuge for rats or other vermin, or may produce pollen which ts Injurious to health, safety or welfare of residents of the vicinity, or whtch otherwise ts dangerous or tnjurlous to neighboring property or the health or welfare of residents of the vicinity. The existence of any condition prohibited by this Chapter ts declared to be a publlc nuisance. (TCC-1, Sec. 12-1/0rd. No. 155, Sec. 1.)" Chapter 5, Sectton 5509 states as a property owner fn the City of Tustln, ft is your responsibility to keep your property free of any public nuisances. Please be advtsed that the overgrown vegetation in the back yard must be removed within 30 days of thts notice. ~/e would appreclate your Immediate attention to this situation. The Community Development Department has recetved numerous complaints concerning the conditlon 300 Centennial Way · Tustin, C~lifomia 92680 · (714) 544-8890 Marcella A. Napolitan Page two of the property. If we can help in anyway please contact us at (714) 544-8890, 8:00 a.m. to '5:00 p.m., Monday thru Friday. Please be advised that further inspections will be made to with 30 days of the date of this notice to ensure compliance. Sincerely, Christine A. Shingleton, Director of Community Development Cheryl Pengue, Code Enforcement Officer CAS: CP: ts Department of Community Development Oune 29, 1987 t. larcella A. Napo]ttan 13151 Ranchwood "~Tustt.n, CA ~2680~ .... SUB~)ECT: COIIDITIOII OF PROPERTY AT: ~. ' '13151 RAIIC~D, TUSTIII. Dear ~s. Napolttan: The Community Development Department has received several complaints concerning the condition of your property. As a result of field inspection conducted at the subject address the following violations were found: 1. Overgrown bushes encroaching the public sidewalk, as well as the drtveway; , 2. Dry grass creating a potential ftre hazard, 3. Overgrown vegetation blocking accessabtlity to the front door, 4. Overgrown vegetation in rear yard area. According to Chapter 5, Nuisance Abatement Regulations, any condition which is offensive or annoying to the senses, detrimental to property values and community appearance, or injurious to the health, safety, or welfare of the general public is considered a public nusiance and may be formally abated by the City. Chapter 5, Section 5509 states as a property owner in the City of Tusttn it is your responsibility to keep your property free of any public nuisances. Please be advised that the overgrown vegetation must be cleared from the public sidewalk and driveway. The lawn must be 'mowed, the trees blocking the front door must be cut back and accessibility to the door must be provided. 300 Centennial Way · Tustin, California 92680 · (714) 544-8890 Con~tt~on of Property at: 13151 Ranchwood, Tusttn. June 29, 1987 Page Two 14e realtze you have recently been annexed tnto the Ctty of Tustln and may not be aware of the regulations stated tn the Tusttn t4untctpal Code, but we have recetved numerous complaints tn wrtttng and by phone concerning the condition of your property. I~e would appreciate your Immediate attention to thts situation and tf we can help tn anyway please contact us at (714) 544-8890, 8:00 a.m. to 5:00 p.m., I~-F.. Please be advtsed that further Inspections w~11 be made wtthtn fourteen (14) days of thts nottce to ensure compliance. If you have any questions, please do not hesttate to contact myself or Laura Ptckup at thts department. Sincerely, Laura Cay , Assoclate Planner LCP: ts enclosure