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Home My WebLink AboutCC 3 PUBLIC NUISANCE 08-21-89 ,. ' NO. 3 ,.)ATE: AUGUST 21, 1989 ~(~'~lt~'~ I TO: FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER COMMUNITY DEVELOPMENT DEPARTMENT DECLARATION OF INTENTION TO HOLD A PUBLIC HEARING FOR l}lE PURPOSE OF DECLARING A PUBLIC NUISANCE - 13271 WOODLAND , ~ RECOMMENDATION It is recommended that the City Council approve Resolution No. 89-115 declaring the City's intent to hold a public hearing on September 18, 1989 for the purpose of declaring a public nuisance at 13271 Woodland. BACKGROUNO AND ANALYSIS m I I I III I ii I The Community Development Department has been receiving complaints since approximately January 1988 regarding the condition of the front, side and rear yards a: 13271 Woodland. The property contains a single family detached home which is located in a R-1 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 have been sent to Ms. Martha Wine, property owner and resident (copies of correspondence are attached). Four certified letters were sent and returned to the City u,~claimed. As of July 25, 1989 the. property remains in violation of the City Code, and complaints are being received for the presence of open storage, junk and debris throughout the property. Upon inspection of subject property, it has been observed that several other properties on the block are in violation of Sec:ions 4411 and 5501. Code Enforcement proceedings have been i,lir, i~ted on those properties to eFl$~4re adequate consideration of code enforcement activities in the area. Bec4use abatement has not yet been achieved, staff has reviewed the City Code in ~eference to public nuisance abatement procedures. Since Code Enforcu,ae,): has been unsuccessful at the staff level, formal action must be taken by the City Council. Under current provisions, the following actions shoul~ ~-,~ r.~.ke,1 in sequence and according to methods prescribed by the City Code and State law: 1. 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 and objections to the work charges incurred by the City through nuisance abatement. August 21, 1989 Page two · Certified delivery of notice to property owner within thirty (30) days of approval of resolution, but at least ten (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. 0 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 a public nuisance. If 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, the 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 then cause to have such action taken and assess all costs upon the property owner for labor and administration. The City Council would also review and approve the written report which states all costs prior to assessing the property owner. CONCLUSION _ Based on the history of Code Enforcement action by staff in the past 4nd recent requests for action, staff recommends that the City Council approve Resolution No. 89-115 which lists the previously mentioned violations and includes a list of requested abatement actions. This resolution sets a date of September 18, 1989 for the purposes of conducting the required public hearing pursuant to Nuisance Abatement Regulations. Beth Schoemann- Associate P1 anner CAS 'BS 'jk Attachments: Resolution No. 89-115 Letters to Property Owner Chri S~lne 'Shin~i eton U Director of Community Development Corn munity DeveloPment Department City of Tustin August !4, 1989 Community Development Department Ms. Martha Wine 13271 Woodland Tustin, CA 92680 Dear'Ms. Wine: Subject Property: Assessor's Parcel No.: FINAL NOTICE 132 71 Woodl and Tustin, CA 92680 Assessor's Map Book 103, Page 331 Parcel 19 Legal Description: Lot 17 of Tract 1737 A site inspection was made of the subject property on July 26, 1989 revealing the presence of violations of Sections No. 4411 and 5501 of the Tustin City Code. The conditionswhich render the property in violation of the City Code are as follows: . Open storage, junk, and debris throughout property. The City of Tustin has notified you of the same or very similar violations of the City Code on numerous occasions in the past. Your failure to maintain the subject property in compliance with the City Code has resulted in the initiation of formal abatement proceedings. The Community Development Department will be presenting a staff report to the City Council August 21, 1989 at their regular meeting which begins at 7:00 p.m. 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 recommending that the following correction be made to the proper~ty: 1. Removal of open storage, junk and debris throughout property and dispose of properly. Should you have any questions, please do not hesitate to call this office. Sincerely, Beth Schoemann Associate P1 anner BS :jk 300 Centennial Way · Tustin, California 92680 · (714) 544-8890 City of Tustin June 20. 1989 Community Development Department CERTIFIED MAIL 087 436 347 Dear Ms. Wi ne: NOTICE AND ORDER _ _ mi i Subject Property: . 132 71 Woodl and Tustln, California 92680 Legal Description: Lot 17, Tract 1737 Book 49, Page 43 - County Recorder Assessor' s No.: Assessor's Map Book 103, Page 331, Parcel 19 Site inspection was made of the property at 13271 Woodland on June 6, 1989 revealing the presence of a puDlic nuisance per Sections 4517 and 5501 of tile Tustin Municipal Code. The conditions which render this prop~e-F~y a pub~nuisance are as follows: 1. Open storage, junk and debris in front of property. 2. Inoperative vehicles in driveway. 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. Clean up junk, debris and storage in front of property. 2. Remove inoperative vehicles. 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 I~otice 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 information, please do not hesitate to call me at (714) 544-8890, extension 257. Sincerely, Beth Schoemann Associate Planner BS:jk 300 Centennial Way · Tustin, California 92680 · (714) 544-8890 City of Tustin January 11, 1989 ii Community Development Departmen CERTIFIED MAIL P 136 061 729 Dear Ms. Wi ne: NOTICE AND ORDER ii i i Subject Property: 132 71 Woodl and Tusttn, California 92680 Legal Description: Lot 17, Tract 1737 Book 49, Page 43 - County Recorder Assessor's No.: Assessor's Map Book 103, Page 331, Parcel 19 Site inspection was made of the property at 13271 Woodland on August 9, 196 revealing the presence of a public nuisance per Sections 4517 and 5501 of th Tustin Municipal Code. The conditions which render thi,s property a public nuisanc are as follows: , 1. Open sto6age, junk and debris in front of property. Inoperative vehicles in driveway. The following corrections must be made within thirty (30) days, or the City wil proceed to cause the work to be done and assess all costs against the property o i ts owner (s): 1. Clean up junk, debris and storage in front of property. · 2. Remove inoperative vehicles. Any person having any record title or legal interest in the subject property ma. appeal th_is Notice and Order to the City Council, provided the appeal is made i~ writing and filed within thirty (30) days from the date of service of this Notic, and Order. Failure to appeal will constitute a waiver of all rights to a~ administrative hearing and determination of the matter. Should you have any questions or require additional information, please do no' hesitate to call me at (714) 544-8890, extension 274. '"' Si ncerely, ,,/J;C~ W. Light ~// Planning Technician JWL:jk 300 Centennial Way · Tustin, California 92680 · (714) 544-8890 City of Tusfin September 9 1988 Community Development Department CERTIFIEO MAIL P 136 061 696 Dear Ils Wine: NOTICE ANO O.ROER_ Subject Property: 13271 Woodl and Tustin, California 92680 Legal Description: Lot 17, Tract 1737 Book 49, Page 43 - County Recorder Assessor' s No.: Assessor's Map Book 103, Page 331, Parcel 19 Site inspection was made of the property at 13271 Woodland on August 9, 1988 revealing the presence of a public nuisance per Sections 4517 and 5501 of the Tusttn Municipal Code. The conditions which render this property a public nuisance are as follows: 1. Open storage and debris in front of property. 2. Possible inoperative vehicles in driveway. 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. Clean up debris and storage in front of pr.operty. 2. Remove inoperative vehicles. 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 information, please do not hesitate to call me at (714) 544-8890, extension 273. Sincerely, .<,.,//_. / Eft c Haal and Acting Assistant Planner 300 Centennial Way · Tustin, California 92680 · (714) 544-8890 City of Tustin Community Development Department July 2!, 1988 Martha F. Wtne [327[ Woodland Tustln, CA 92680 Dear Ms. Wine: As a property owner In the City of Tustin, you have an important role in making our community a nicer place tn which to live, work and play. Certain conditions have been noticed at your property located at [327[ Woodland Drive and were confirmed by an inspection by City staff on July 19, [988. The following conditions appear to be tn violation of the Tustin Huntctpal Code: Open storage and debris in front of property. 2. Possible inoperative vehicles in driveway. We kindly request that you undertake the following actions to correct these condl ti on s: Clean up debris and storage in front of property. 2. Remove inoperative vehicles. An inspector will reinspect the property on August 9, 1988 to determine if the corrections have been made. We would greatly appreciate your cooperation in this matter. Should you have any questions, please contact me at (714) 544-8890, ex ten ti on 2 73. Slncerel y, /: Eric Haaland Acting Assistant Planner EH :jk 300 Centennial Way · Tustin, California 92680 · (714) 544-8890 City of Tustin Community Development Department March 25, 1988 CERTIFIED MAIL P 136 061 480 Martha G. Wtne 13271 Woodland Tustln, CA 92680 SUBJECT: VIOLATION OF TUSTIN CITY CODE - A PUBLIC NUISANCE AT 13271 WOODLAND, TUSTIN. Dear Ms. Wine: We are pleased to see the progress you are maktng in removing the subject violations from your property. However, the condition still exists (please refer to the letter dated February 18) as debris ts still visible from the street. Per our conversation at the Community Oevelopment Department, we appreciate your willingness to improve the property' s appearance. As owner of the subject property, we would hereby request that the rest of the nuisance be removed within ten (10) days. Thank you for your prompt cooperation. If you have any question, please do not hesitate to contact me. S t ncere ly,_~ u°el , Assistant Planner JS:jk 300 Centennial Way · Tustin, California 92680 · (714) 544-8890 of Tustin Community Development Department March 8, 1988 CERTIFIED NAIL P 136 061 475. Martha G. Wi ne ...... I327~ Woodl and ------Tustin, CA 92630 SUBJECT: VIOLATION OF TUSTIN CITY CODE'REGARDING A PUBLIC NUISANCE AT 13~71 WOODLAND, TUSTIN Dear Ms. Wi ne: Please refer to our communication dated February 18, 1988. As of this date, the public nuisance still exists as junk, debris and inoperable vehicles remain in the front yard of the property. As a owner of the subject property, you are hereby notified that if after ten (10) days the condition still exists, formal abatement proceedings will be ini.tiated by this department. Sincerely, ~~Joel Slavit Assistant Planner JS:jk 300 Centennial Way * Tustin, California 92680 · (714) 544-8890 City of Tustin Community Development Department February 18, 1988 Martha G. Wi ne 13271 Woodland Tusttn, CA 92680 SUBa'E~: VIOLATTOII OF TUSTIII Cl'IT CODE REGARDING A PUBLIC NUISAIICE AT 13271 WOODLAND, TUSTIN - Dear Ms. Wine- As a property owner in the City of Tustin, you have an important role in making our :om.unity a nicer place in which to live, work and play. Upon inspection of your property at 13271 Woodland on February 11 1988 a public nuisance was found to exist. ' The subject property is in violation of Section 5501, which constitutes a public nuisance. Among the violations on your property you have stored refrigerators, equipment, containers, junk and debris on your front yard which are in general view of the public right-of-way and other private properties in the nearby vicinity. In addition, the above conditions provide an unclean environment and constitute a fire hazard and may provide a refuge for rats and other vermin· which is dangerous to neighboring properties and the health and welfare of residents of the vicinity, as stated in Section 4411 of the Tustin City Code. We would appreciate your investigation of this situation and your prompt efforts to improve the property's appearance and come into conformance with the City Code. Please remove the stored materials within fifteen days upon receipt of this letter. · Thank you for your cooperation in helping to make our community a nicer place to live. Should you have any questions or need additional information please do not hesitate to contact me. ' Sincerely, ~el Slavit, Assistant Planner JS' ts 300 Centennial Way · Tustin, California 92680 · (714) 544-8890 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. 89-115 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 13271 WOODLAND (AP #103-331-19) 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 a recommendation of the Community Development Department, a public hearing should be conducted to determine whether or not the condition of the property located at 13271 Woodland (AP #103-331-19) constitutes a public nuisance. B. The following conditions of the the property are as follows' . Storage of and scattering of debris and litter in the front, side and rear yards including furniture, boxes, and other assorted trash and debris (violation of Tustin City Code, Sections 4324, 4411 and 5501). C. The recommended methods of abatement are as follows' II. 1. Removal of all debris, trash, furniture and vehicle parts from front and rear yards and dispose of properly. · Items I.C. I of this resolution be accomplished within thirty (30) days of adoption of this resolution. The City Council hereby authorizes a public hearing concerning the property at 13271 Woodland (AP #103-331-19) to be conducted on September 18, 1989. PASS AND ADOPTED at a regular meeting of the Tustin City Council, held on the 21st day of August 1989. Ursula E.'Kennedy Mayor ~ary Wyn~ City Clerk