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Home My WebLink AboutOB 2 ABANDONED PROP 04-04-88DATE: APRIL 4, 1988 OLD BUSINESS NO. 2 Inter - Corn TO: FROM: SUBJECT: WILLIAM HUSTON, CITY MANAGER CONMUNITY DEVELOPMENT DEPARTMENT ABANDONED PROPERTY AND ATrRACTIVE NUISANCE LOCATION AT 1472 GARLAND AVENUE, TUSTIN ,. , ij RECOI~ENDATION Receive and file. BACKGROUND The City Council at their meeting on March 21, 1988 requested that staff provide a status report on the abandoned property at 1472 Garland Avenue. It was al so "'equested that staff discuss any enforcement activities in progress along with ~y more agressive enforcement which could be implemented to gain compliance. The property was recently annexed into the City through Annexation #138. In April of 1987, the Building Official investigated the property and found it to be unsecured, unsightly and with a notice of "stop work" already posted by the County Building Department. Mr. Dick contacted the County of Orange EMA and inquired about the "stop work" notice and found that the Contractor had a permit which was invalid (issued in error) and had started foundation and slab work without required inspections. On April 4, 1987, the City of Tustin posted a "stop work" notice at the property and requested the owner to contact the City. Because of no respose by the owner, the Building Official returned to the property and left a notice that electrical power would be shut off because the property was unsecured with hazardous conditions. With no response by the owner, the City contacted Southern California Edison and disconnected the power. On April 24, 1987, the Building Official posted the subject property and sent by certified mail a "Notice and Order" to the property owner citing the property as substandard and an attractive nuisance. During May of 1987 the Building Official made contact with the Mr. A. Fistonich and the Lender's insurance company on the project, (National Auto and Casualty Insurance) to dicuss the Notice and Order. Within weeks the property was ,cured wil~h a chain link fence, weeds and shrubs were cut and a pile of dirt os cleared from the front yard. glanning Commission Report 1472 Garland Avenue, Tustin Page two Both parties informed the City that litigation was being pursued by the owner and insurance company against a contractor who had undertaken work on the project because of the situations that had occured. While the property has remained abandoned it has also become a nuisance again. The City has received several complaints from surrounding home owners about the condition of the property, and no effort has been made by either the property owner or the insurance company to maintain the property or proceed to rectify the situation by obtaining needed building permits. On March 3, 1988, the City sent a second "Notice and Order" to National Insurance demanding that the outside grounds be cleared of weeds and assuring that the property is secured from trespassers. The Building Official also had conversations with the attorney representing National Insurance and was again informed that legal proceedings had been going on for the last year and no solutions have been found to date. He stated the the National Insurance should and would perform on the Notice and Order. A copy of the Notice and Order was l so subsequently sent to Mr. Fistonich. CONCLUSION The property in question has been a problem for over one (1) year. The legal battle between the owner and lenders has not been reconciled and no agreement is in sight for the near future. Alternatives available for enforcement problems in uncooperative circumstances are 1) immediate legal action in the form of a citation or a misdemeanor charge; 2) filing a nuisance law suit against the property owner and lender, 3) filing of a certificate of substandard property with the County Recorder's office indicating that the owners of the property have failed to file an appeal or comply to the request to abate the substandard condition, and/or 4) the City to perform the necessary work to abate this nuisance to the public safety through our City codes. LL°..Yd..D~2 '..... Building Official J :CAS' ts Attachments- Notice Correspondence Corn munity Development Department CITY O*~.~USTI N ; '~ "' '. ..... WA.~IS,DAY INSPECTED A'~D- F-0U~'0-TO tie IN VIOLATION OF CITY ~ : OF TURIN AND/OR STATE ~WS REGU~TING BUILDING AS FOLL~:: ..... Plumbing Cade C - --A/C Heating Code ~ Sign C~e : - ~ .... Othe~ ~" No ~s~ No one ' ..... :.~ - .__ · .................. . _. ~ . available ..... ......... . _ . - _.~,~ ........ ,~ w __-_~ ._ .... -- _ ...... :~ ',- : ............ -.. ;.-::~:~.:-:.~X. F~ - --: .... ~- ; ~ - - y ..... - - ': .................. ~ ....... ' .... .:'6L;z_'_._ ~:-~ - .-.-~ ......... ~-. OU May ~r~d Wt~ ' - ~ ...__ .~) ' : .~ ~': .... -:' ': ' ' ~' ........... :.~_.~.~., ~-- .~ . ~-F' ~- ~'- ~ : ~ ':" ' ""-'' ' ~ ': ~ : ~" ~ ..... ~ '"' - "::'~'" ~'.-~ ~ - ~': .... ; - - - DATE- .. :.TIME' ' INSPECTOR. - of Tustin Community Development Department NOTICE AND ORDER Mr. A. F~stontch 1472 Garland Ave. Tusttn, CA 92680 Aprtl 24, 1987 PROPERTY: 1472 GARLAND AVE. TUSTIN, CALIFORMIA ASSESSORS PARCEL MO. 103-531-11 ORANGE COUNTY, CALIFORNIA This notice serves said owner that the above mentioned property is in violation of City Codes: Substandard property and attractive nuisance Property including but not limited to building exteriors which are maintained in such condition as to beco~ so defective, unsightly or in such condition of deterioration or disrepair. (1) Overgrown vegetation and stockpiling of dirt in front yard causing detriment to neighboring properties. (2) Unsecured property constituting hazardous conditions and . inviting trespassers and mallc(ous mischief. Owner will need to fence off ~ntire property with a chain link fence and clear off all overgrown vegetation ~nd dirt. Property will need to be secured within thirty (30) days of U~is notice and yard work-commenced by this time. If not complied to, the City may proceed to cause the work to be done and charge the costs thereof against the property or t ts owner. Any person having any record title Or legal interest in the property may appeal from the notice and order, or any action of the Building Official, to the Board of Appeals; provided the appeal is made in writing as provided in this Code, and filed with the Building Official within thirty (30) days from the date of service of such notice and order. Failure to appeal will constitute a waiver of all right to an administrative hearing and determination of the matter. LLOYD DICK ' DING OFFICIAL 300 Centennial Way · Tustin, California 92680 · (714) 544-8890 City of Tustin March 3, 1988 Community Development Department CERTIFIED MAIL P 136 061 477 National Auto & Casualty Insurance 150 South Las Robles Avenue Pasadena, CA 91101 NOTICE AND OROER TO ABATE SUBSTANDARD PROPERTY AND ATTRACTIVE NUISANCE Dear Property Owner- Site inspection of the property at )~72~.=b~ti~T&in'¢~::~:Avenue,., Tustin, California, {Assessor's Parcel No. 103-531-11 in the County of Orange) was made on 2/23/88 revealing the presence of a public nuisance pursuant to Section 1001 of the Uniform Housing Code{U.H.C.) and Section 203 of the Uniform Administrative Code (U.A.C.), 1985 Edition, as adopted by the City Council under Article 8 of the Tustin City Code and Chapter 5 of Article 4 of the Tustin City Code. The following corrections to the substandard condition identified must be made w_ithin twenty {20) days from this notice. · 2. 3. 4. Cut weeds and overgrown vegetation. Clean all debris from property. Remove standing water in pool {ileal th & Safety Violation). Secure property from trespass. All sa(d work must be done within twenty (_~0) days of this notice or the City will proceed to ca:Jse the work to be done and lien/or assess all costs ~gainst the property or owners and also be compelled to take legal action. Any person having any record title or legal interest in the property m~y appeal from the Notice and Order to the Board of Appeals providing the appeal is made in writing and filed with the Building Official 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. If you have any questions in regard to this matter, please do not hesitate .to contact .me at (114) 544-8890. Sincerely, ding Official LD-jk cc- City Attorney 300 Centennial Way · Tustin. California 92680 · (714) 544-8890