HomeMy WebLinkAboutPH 2 PUBLIC NUISANCE 09-18-89TO:
IIILLIA# A. HUSTON, CITY MANAGER
FROM:
COI~NITY DEVELOPHENT DEPARTHENT
SUBJECT:
PUBLIC HEARING FOR THE PURPOSE OF DECLARING A PUBLIC NUISANCE - 13151
RANCII~OD RD.
RECOHHENDATION
, , ·
After conducting the required public hearing it is recommended that the City Council'
Declare the property at 13151 Ranchwood Road a public nuisance per Sections 4411
and 5501 of the City Code and set forth a 30 day abatement period listing the
required actions by which the property owner must clean said violation(s) by
adoption of Resolution No. 89-138.
BACKGROUND
In addition to the background provided in the attached staff report which was
presented at the August 7, 1989 City Council meeting, staff reports that there have
been no actions by the property owner to abate conditions on the property or to
contact the City for guidance. In addition, the property owner has refused any
assistance programs available through Orange County Adult Protective Services.
The property owner has been notified of the hearing date and sent a copy of
Resolution No. 89-114 adopted by, the City Councll August 7, 1989, declaring the
Ctty's Intent to hold a publtc hearing to determine whether conditions on the
property constitute a public nuisance. Additionally a nottce and this resolution
were posted on the property and publtc notlce was advertised tn the Tusttn News and
set to all property owners tn a 300 foot radtus of the slte.
In addition to the above process staff has also coordinated wtth the Orange County
Health Department for provlslon of posslble services to Ms. Napolltan to address the
above tssues but she has rejected any assistance to date.
ANALYSIS
As of September 11, 1989 conditions on the property remain in violation of Tusttn
Municipal Code Sections 4411 and 5501 as stated in the August 7, 1989 staff report.
The following actions are necessary to abate existing conditions'
.
Removal of all overgrown vegetation, dead landscaping, weeds and fallen fruit.
2. Permanent removal of all debrls from the property.
3. Replace all dead and missing landscaping with new grass, ground cover, etc.
City Council Report
13151 Ranchwood Rd.
September 18, 1989
Page two
Should the Council find 13151 Ranchwood Road a public nuisance, approval of
Resolution No. 89-138 sets forth a 30 day abatement period tn which the owner, at her
own expense, shall abate all conditions in violation.
If conditions are not abated by the owner within the specified period, the City would
normally cause the abatement by City personnel and/or contracted personnel as
necessary. However, the nature of the work may warrant legal action against the
property owner since access to the rear yard and continued maintenance is anticipated
to be a problem. In any event, any cost of abatement incurred by the City would be
the responsibility of the property owner. All costs would be accounted for and
reported to the Council for approval by motion or resolution and be recorded as a
lien or assessment on the subject property.
Staff has reason to believe that the subject violations will continue to be a problem
once the City or private contractor has abated them. In an effort to reduce
administrative costs and community frustration, staff has investigated the options
for expediting the public nuisance process in the future. However, pursuant to state
law and the advice of the City Attorney, the entire procedure must be reimplemented
each and every time the public nuisance condition exists. In response to this issue,
the resolution has been formatted to allow for initiation of legal proceedings to
gain initial and continued compliance if determined necessary by the City Attorney's
office.
CONCLUSION
Ba~ed on the history of code enforcement action by staff in the past and the failure
of the property owner to adequately address the matter at hand. It is recommended
that the City Council approve Resolution No. 89-138 which lists previously mentioned
violations and includes the list of requested abatement actions.
Beth- Schoema nn
Associate Planner
qCh~istine A. Shingl~ton//
Director of Community ~velopment
Attachments'
August 7 City Council Report
Resolution No. 89-138
Neighborhood letters
CAS'BS'kbc
Community Development Department
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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
#500-011-2¢) CONSTITUTES A PUBLIC NUISANCE.
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The City Council of the City of Tusttn 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:
Ce
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.
The recommended methods of abatement are as follows:
1. Removal of -'~ll overgrown vegetation, dead landscaping,
weeds and fallen fruit.
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That all debris be immediately and permanently cleared from
the property.
.
Replace all dead and missing landscaping with new grass,
ground cover, etc.
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Items I.C. 1, 2 and 3 of this resolution be accomplished
wi thin 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 18, 1989.
PASSED AND ADOPTED at a regular meeting of the City Council, held on the
?th day of August, 1989.
· C1 erk
Ursula E. Kennedy
Mayor
City of Tustin
RESOLUTION CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
RESOLUTION NO. 89-114
MARY E. WYNN, City Clerk and ex-officio Clerk of the City Council of
the City of Tustin, California, does hereby certify that the whole
number of the members of the City Council of the City of Tustin is
five; that the above and foregoing Resolution No. 89-114 was duly and
regularly introduced, passed and adopted at a regular meeting of the
City Council held on the 7th day o~ Auqust, 1989, by the following
vote:
COUNCILMEMBER AYES: Kennedy, Edgar, Hoesterey, Kelly, Prescott
COUNCI~MBER NOES: None
COUNCILMEBER ABSTAINED: None .-
COUNCILMEMBER ABSENT: None ~
Valerie Whiteman, Deputy City Clerk for
Mary E. Wynn, City Clerk
Inter- Corn
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TO:
FROM:
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
COMMUNITY DEVELOPHENT DEPARTMENT
OECLARATION OF INTENTION TO HOLD A PUBLIC HEARING FOR THE PURPOSE OF
DECLARING A PUBLIC NUISANCE - 13151 RANCHWO00 ROAO
RECOMMENOATION
I: is recommended that City Council:
I ·
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.
BACKGROUNO AND ANALYSIS
._
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, let:ers were sent to Ms. Marcella
Napolitan, the property owner who al so resides in the house (copies of
correspondence to Ms. Napolitan are attached).
The Bellewick Community Association, the homeowner's associa:ion 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. Napolitan submitted a letter of appeal to the March 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 reviewed the City Code in
reference to public nuisance abatement procedures. Since Code Enforcement has
been unsuccessful at the staff level, formal action must be ~aken by the City
August ?, 1989
Page two
Council. Under current provisions, the following actions should be ~aken in
sequence and according 1~ 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
abatement.
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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.
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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 :he
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 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 states 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.
L
oemanh~
Associate P1 anner
CAS:BS:jk
Attachment: Resolution No. 89-114
Letters to Property Owner
Cqfri sti ne ShingYeton
Director of Communi ty{_~evel opment
Community DeveloPment Deparlrnen!
City of Tustin
Community Development Department
July 27~ 1989
Ms. Marcella Napolitan
13151 Ranchwood Road
Santa Aha, CA 92705
CERTIFIED MAIL
Dear Ms. Napolitan:
Subject Property
Assessor,s Parcel No.~
.egal Description~
FI1TAL NOTICN
13151 Ranchwood Road
Tustin, California
Assessor,s Map Book 500, Page 011,
Parcel 24
Lot 22 O-f Tract 6628
A site inspection was made of the subject property on July 26, 1989
revealing the presence 6f 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 and missing landscaping in front yard area~
3. Weeds in front yard area.
T~e City of Tustin has notified you of the same or very similar
v=olations of the City Code on numerous occasions
in the past. Your
failure to maintain the subject property in compliance'with the City
Code has r~sulted in the initiation of formal abatement proceedings.
The Community Development Department will be presenting a staff report
to the 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 avai}able 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 ~. Shingleton
Director of Community Development
Laura C. Kuhn
Senior Planner
City of Tustin
Community Development Department
April 11, 1909
Marcel 1 a Napol I tan
13151 Ranchwood
Tus[ln, CA 92 680
SUBJECT: INADEQUATE PROPERTY HAINTENANCE AT 1621 BRYAN AVENUE, TUSTIN
Dear Ms. Napol 1 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 a: your property located at 162! 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 Municipa.1 Code:
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1. Overgrown weeds (Code Section 4411).
We kindly request that you undertake'- the following action to correct this
condition:
Have weeds removed, or cut to the ground.
An inspector will relnspect 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 contact me at (714) 544-8890,
extention 274.
Sincerely,
Jj~Ck W. LI'glIt;'-'L..J
(~,/ml anntng Techni clan .'
JWL: jk
300 Centennial Way · Tustin, Califomla 92680 · (714) 544-8890
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City of Tustin
Community Development Department
November 10, 1988
Ms. Marcella Napolttan
13151 Ranchwood
Tusttn, CA 92705
COMPLYING HITH HUNICIPAL 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,
unmalntained 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 violation.
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. Thi.s 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,
Eric Haaland
Assistant Planner
EH: ts
Enclosure: Copy of October 7th letter
300 Centennial Way · Tusfin, Califomla 92680 · (714) 544-8890
City of Tustin
October 7, 1988
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Community Development Department
CERTIFIED NAIL P 511-454-154
Ms. Marcel 1 a Napol t tan
13151 Ranchwood
Tustln, CA 92705
SUBJECT: IMPROVING AND RAINTAINING YARD
Dear Ms. Napolitan:
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.
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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 littering neighboring properties whether certain vegetation growth
ts a', result of their yard or not.
The greatest concern for the future o~ 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 discu'ssed 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.
St ncere ly, ~ ~
Eric Ha~l and .
Assistant Planner
LP:EH:jk
~arce I ia Napo I i tan
uate
300 Centennial Way · Tustin, California 92680 · (714) 544-8890
City of Tustin
Community Development Department
August 25, 1988
C[RTIFI£D I~IL P 136 061
Hs. Marcella Napol 1tan
13151 Ranchwood
Tustln, CA 92 680
SUBJECT: CONDITION OF PROPERTY AT 13151 RANCHWOOD, TUSTIN (LEGAL DESCRIPTION: LOT
22 OF TRACT 66,?.8, ASSESSORS PARCEL NO. 500-011-24).
Dear Hs. Napol i tan:
Please refer to the previous correspondence sent to you regarding the weeds and
overgrown vegetation in the front yard of the subject property. Since our last
let:er 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 constitutes a
violation of Sectton 4411 of the Tustin City Code. A copy of this Section and the
required abatement 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 w111 be forced to initiate the proceedings as outlined in Chapter 4 of the
City Code. This procedure can result tn 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 l~ke 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 · Tusfin, Califomla 92680 · (714) 544-8890
August 25, 1988
Page two
The City's prime objective in this effort is to clean up the property and insure
continued maintenance. Tustln is a great place to live and the City and 1ts
residents pride themselves in maintaining an inviting and aesthetically 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
1 ine with its surroundings.
Your prompt and continued cooperation In thts effort Is greatly appreciated.
Sincerely,
kup
Senior P1 anner
LP: Jk
City of Tustin
July 8, 1988
Community Development Department
CERTIFIED NAIL P 136 061 687
Marcella A. Napol t tan
13151 Ranchwood
Tusttn, CA 92680
Dear t4s. Napol 1tan:
NOTICE AND ORDER
SubJect Property:
13151 Ranchwood
Tusttn, California 92680
Legal Description: Lot 22, Tract 6628
Assessor' s No.:
Assessor's dp Book 500, Page 011, Parcel 24.
St te Inspection was made of the property at 13151 Ranchwood on June 16, 1988
revealing the presence of a publlc nuisance per Sectton 5501 of the Tustln
Municipal Code. The condition(s) whtch render this property a public nutsance are
as follows: '
1. 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 ma i n rain 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 (7[4) 544-8890 extension 273.
Sincerely,
Eric Haal and
Planning Technian
information, please do not
F J( :jk
cc: Wtlltam Huston *
Bellwtck Community Association :
300 Centennial Way · Tusttn, California 92680 · (714) 544-88.q0
of Tustin
Community Development Department
March 25, 1988
CERTIFIED MAlL P 136 061 483
Marcell a A. Napol 1 tan
13151 Ranchwood
Tusttn, CA ~
SUBJECT: WEEDS AND OYERGROWN VEGETATION IN FRONT YARD ~llICtl CONSTITUTES A PUBLIC
IIUISANCE AT 13151 RAlt~OO, TUSTIN.
Dear Ms. Hapol 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.(10) days of receipt of this letter. Thank you
for your cooperation.
If you have any questions, please do not hesitate to contact me.
St ncerel y,
Assistant Planner
OS:jk
City of Tustin
Community Development Department
March 8, 1988
~rcell a A. Napol i tan
13151 Ranchwood
Tustin, CA ~
SUBJECT: WEEDS AND OVERGROWN VEGETATION IN FRONT YARD WHICIt
CONSTITUTES A PULBIC *NUISANCE AT 13151 RANCHt/OOD, TUSTIN
Dear Ms. Napol i tan:
As'a 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. The subject condition was noticed at your property at 13151
Ranchwood. '-
We would appreciate your investigation of this situation and your
efforts ~o improve the property's appearance within ten (10) days of
receipt of this letter. Thank you for your interest in a better
communi ry.
Sincerely,
doel Slavit
Assistant PI anner
JS:jk
CDD :WTI '10/85
300 Centennial Way · Tustin, California 92680 · (714) 544-8890
City of Tustin
Community Development Depamnent
December 18, 1987
Harcella A. Napolitan
13151 Ranchwood
Tustl n, CA ~o90
SUBJECT: CONDITION OF PROPERTY AT
13151 PANCHI/OOD, TUSTIN.
Dear Ms. Napolitan:
The Community Development Department would like to thank you for complying to our
previous correspondence by cleaning the._ front yard. Recently the department has
received complaints concerning the rear-yard. As a result of a follow up
'inspection, the following violation was found:
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The rear yard contains overgrown vegetation which constitutes a public
nuisance.
According to Tustln Municipal Code, Section 4411 - "No person, whether the
same be the owner, agent or person in control of any lot, piece or parcel of
land within the City, shall maintain 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 material exist on such premises which constitute a fire hazard
or which may provide a refuge for rats or other vermin, or may produce pollen
which is injurious to health, safety or welfare of residents of the vicinity,
or which otherwise .is dangerous or injurious to neighboring property or the
health or welfare of residents of the vicinity. The existence of any
condition prohibited by this Chapter is declared to be a public nuisance.
(TCC-1, Sec. 12-1/0rd. No. 155, Sec. 1.)"
Chapter 5, Section 5509 states as a property owner in the City of Tustin, it is
your responsibility to keep your property free of any public nuisances. Please be
advised that the overgrown vegetation in the back yard must be removed within 30
days of this notice.
. We would appreciate your immediate attention to this situation. The Community
)evelopment Department has received numerous complaints concerning the condition
300 Centennial Way · Tusfin, California 92680 · (714) 544-8890
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t,~arcel la A. _Napolttan
Page ~o
of the property. If we can help in anyway please contact us at (714) 544-8890,
8:00 a.m. to S':O0 p.m., Honday thru Frtday. Please be advised that further
Inspections wJll be made to wtth 30 days of the date of thfs not~ce to ensure
comp 1 t ance.
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S~ncerely,
Christine A. Shtngleton,
Dtrector of Community Development
Cheryl Pengue,
Code Enforcement Officar
CAS: CP: ts
Department of Community Development
~une 29, 1987
F1arcella A. Napo]ttan
13151 Ranchwood
*'Tusttn, CA 9~680~'-
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SUBJECT: COIIDZTIOII OF PROPERTY AT:
13151 RANcmJooD, TUST];II.
Dear l~s. Napolttan:
The Community Development Department'has recetved several complaints
concerning the condttlon of your property. As a result of fteld
inspection conducted at the subject address the following violations
were found:
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Overgrown bushes encroaching the public sidewalk, as well as the
drtveway; r
2. Dry grass creattng a potential ftre hazard,
3. Overgrown vegetation blocktng accessabtltty to the front door,
4. Overgrown vegetation in rear yard area.
According to Chapter 5, Nuisance Abatement Regulations, any condition
which is offensive or annoytng to the senses, detrimental to property
values and community appearance, or tn;Jurtous to the health, safety,
or welfare of the general publlc ts considered a public nuslance 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 · (724) 544-8890
Con~tt~on of Property at:
13151 Ranch~ood, Tust~n.
Oune 29, 1987
Page Two
ge realtze you have recently been annexed tnto the Cfty of Tust~n and
my not be aware of the regulatfons stated ~n the Tust~n F1un~c~pal
Code, but we have recetved numerous complafnts fn writing and by phone
concernfng the cond~tfon of your property. I~e would apprecfate your
fmmed~ate attention to thfs s~tuat~on and ~f we can help fn anyway
please contact us at (714) 544-8890, 8:00 a.m. to 5:00 p.m., FI-F.
Please be advised that further fnspectfons w~11 be made wfth~n
fourteen (14) days of thfs not~ce to ensure complfance.
If you have any questions, please do not hesttata to contact myself or
Laura P~ckup at th~s department.
.S'lncerely,
Laura Cay ,
Associate Planner
LCP:ts
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RESOLUTION NO. 89-138
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, DETERMINING THATCERTAIN
CONDITIONS ON THE PROPERTY LOCATED AT 13151 RANCHWOOD
ROAD (AP# 500-011-24) CONSTITUTES A PUBLIC NUISANCE
AND HEREBY ORDERING ABATEMENT OF SAID NUISANCE.
The City Council of the City of Tustin does hereby resolve as follows:
A®
Pursuant to Section 5500 et seq. of the Tustin City Code, and
based upon recommendation of the Director of Community
Development, Resolution No. 89-114 was adopted authorizing a
public hearing for the purpose of determining if conditions on
the property at 13151 Ranchwood Road (AP# 500-011-24) constitute
a public nuisance.
B.
The property owner of the subject property was duly notified of
the date of the public hearing via certified mail and a physical
posting on the property.
C.
That conditions on the property noted in Section IB of
Resolution No. 89-114 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 of the property located at 13151 Ranchwood Road
within 30 days of the date of this Resolution.
.
Removal of all overgrown vegetation in front, side 'and rear
yards of the subject property (including trees, shrubs, vines,
groundcover, etc). including vegetation that encroaches onto the
public right-of-way or adjacent'properties.
.
Removal of all dead landscaping, weeds, and fallen fruit in
front, side and rear yards and dispose of properly.
.
Lawn areas visible from any public way shall be properly
maintained such that they are evenly cut, evenly edged, free of
bare or brown spots, free..of debris and fre~._~O~.weeds above the
level of the lawn. All planted areas other than lawns shall be
free of weeds, dead vegetation and debris. All trees and shrubs
shall be trimmed so they do not impede pedestrian traffic along
the walkway. Trees shall be pruned so they do not intrude into
neighboring property and shall be maintained so they do not have
droppings or create other nuisances to neighborhing property.
All trees shall also be root pruned to eliminate exposed surface
roots and damage to sidewalks, driveways and structures...
.
Property shall be maintained in such a manner as to avoid the
reasonable determination of a duly authorized official of the
City that a public nuisance has been created by the absence of
adequate maintenance, or that such a condition of deterioration
is materially detrimental to property values or improvements
within the boundaries of the Bellwick-Ranchwood Homeowner's
Association.
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Resolution No. 89-138
September 18, 1989
Page two
III. The City Council hereby directs that if the order to abate the public
nuisance, promulgated in Section II of the Resolution, has not been
completed within the time frame allotted, the City shall immediately
cause, the same to be abated by City personnel or private contract.
The owner of the property at 13151. Ranchwood Road shall be liable to
the City for all costs of such abatement including all 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 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_____ of , 19~.
1]'l~A' E; KENNEDY,
Mayor
MARY E. WYNN,
City Clerk
Hrls
Jerry Feldman
13191 Wickshire"
Santa Ana, Ca 92705
Dear Mr. Feldman:
Re~arding our telephone conversation 9/5/89 about.
the hearing for 13151 Ranch~ood Road, I cannot a~tend
the meeting but I will inform you of my feelings
about this matter.
Every one coming to my home asks about this house
and asks where the odor of rotting fruit is coming
frome
During the fruit bearing season we are bombarded by
fruit flies.
I am in the process of selling my home and EVERYO~TE
who views the house asks about the mess do~m the
st~eet.
The bottom line. is i feel the mess de~'alues my
property and I hope this problem can be resolved.
·
Sincere,~ ..
1181 East Elm Avenue, Suite A, Fullerton, California 92631 (714)870-4949