HomeMy WebLinkAboutOld Business #2 7-20-87 Inter Corn
,IULY 20, 19
TO:
FROM:
SUBJECT:
WILLIAIi HUSTON, CI'l'~ RANAGER
CHRISTINE SHINGLETON, COI~NITY DEVELOPMENT DEPARTNENT
SUBSTANDARD PROPERTY AND ATTRACTIVE NUISANCE
LOCATED AT 17592 N~GANSET
RECORENDATIO#:
Recel ve and ltl e.
BACKGROUND:
The City Counctl at thetr meettng on July 6th requested that staff provide an
additional status report on progress of correcting substandard property
conditions at 17592 Amaganset for the Council's meettng on July 20th. [t was
also requested that staff dtscuss alternative mechanisms available to the Ctty
to ensure continued maintenance of the property in the future once tntttal code
compliance was obtained.
Resolution No. 85-116 legally nottfted the subject property owner that all
public nuisance conditions at the above menttone¢ property would need to be
corrected by February 1, 1986. Failure to adequately follow through with these
corrections has now resulted in the City issuing a second Notice and Order which
was sent to the property owner on July 10, 1987 demanding correction'of a
majority of substandard exterior conditions within 10 days.
If compliance is not achieved within the time specified, the Uniform Code for
the Abatement of Substandard buildings along with the City's previously adopted
Resolution No. 85-116 would result in City staff undertaking the following:
1. Recordation of Notice and Order
Abatement of Dangerous Buildings Code, Section 402
The Building Official would file in the office of the County Recorder a
certificate describing the property and certifying (t) that the building
is a dangerous building and (ii) that the owner has been so notified.
City C°uncll Report
17592 Amaganset
July 20, 1987
Page
Abate the'Public. Nuisance ,
Under Sectton 401 (b) 4 of the Abatement-of D~ngerous Butldtng Code and
City Resolution 85-116, the Ctty would undertake necessary corrective work
on the property. Recovery of these costs would be attatned through a
special assessment against the parcel. After the assessment costs are
confirmed, by Ctty Council upon completion of all work, costs Incurred by
the City would become a lien on the subject property.
Once the property is cleaned up et'ther through, the property owner's cooperation
or the City's Notice and Order, there are a number of alternatives available to
ensure continued metntenance on the subject property.
First, the City can continue to keep on ftle the recorded Notice of Substandard
Condition. As long as this document is kept on file, the property owner is
legally obligated to maintain all previously substandard conditions mentioned in
the notice. If at any time the property owner allows the property to become a
nuisance as it was previously, the City would be able to, at any time,
immediately abate said condition pursuant to the procedure identified as item
No. 2 above.
Once a Notice is recorded with the County, the abatement of publjc- nuisance
procedure is perhaps the easiest and quickest way of ensuring continued
maintenance of the property. The City through this Notice and Order procedure
would also have the ability to require demolition of all site improvements if
substandard conditions reoccurred..
Another alternative available for enforcement in uncooperatlove circumstances
would be the City initiating legal action in the form of a citation or
misdemeanor charge. The property owner can be subject to separate charges for
each day a violation exists.
While the City can't force the property owner to sell the subject property
even through.the use of eminent domain (since there would be no proposed use of
the property for a public use), there are a number of parties who hav~ expressed
interest in purchasing the property and completing all site improvements. I
think it would be in the best interest of the existing residential neighborhood
for the City to encourage the current absentee property owner to sell the
property to a party interested in completing the on-site remodeling that was
begun but not completed.
Corn munity Development DeparTmen; J
City Council Report
17592 Ameganset
July 20, 1987
Page three
Attached are copies of past resolution and the Notice and Order recently sent to
the property owner. Pertinent code sections -are also attached to support
actions mentioned above.
Lloyd DiCk//
Building Official
LD:CAS:pef
Attachments: Resolution No. 85-101
Resolution NO. 85-116
r st ne htngleton
Director of Community De~velopment
Community DeveloPment Department
'July 10, 1987
Department ofCommuni~ Development
CERTIFIED :
P 294 282 277
Hr. Harold Cormann
3272 Kenpton
Los Alamitos, California
90720
SUBJECT: NOTICE AND ORDER TO ABATE SUBSTANDARD
PROPERTY AND ATTRACTIVE NUISANCE
Dear Mr. Cormann:
This is a Notice and Order to Abate the substandard property condition which
constitutes a dangerous condition and a public nuisance, located at 17592
Amaganset, Tustin, California, also knows as Assessor's parcel No.
401-033-01. This Notice and Order to Abate the substandard property
condition is made pursuant to Section 1001 of the Uniform Housing Code and
Section 203 of the Uniform Building Code, 1979 Edition, as adopted by the City
Council.
You are hereby ordered to abate the following substandard conditions on the
above located property:
e
Property including but not ttmited to building exteriors and premises
have become unsightly and in such condition of disrepair causing
detrtmat to neighboring properties.
A. Overgrown weeds.and vegetation
B. Unfinished driveway surface
C. Broken windows
D. Removal of plywood from all windows
E. Stockpiling of Junk, debris and equipment
F. Unsecured property - removed fencing
G. Tree roots uplifting sidewalk
Completion of all work.under current building permits within thirty
days (30) of this notice.
Securing of property to discourage malicious mischief and trespassers
within ten days (10) of this notice and corrections of all unsightly
conditions of disrepair identified in item No. I within ten (10)
days.
300 Centennial Way · Tustin, California 92680 · (714) 544-8890
Mr..Cormann
July lO, 1987
Page Two
As you know, the above located property has continued to exist in its
substandard state of disrepair for several years; although the City staff has
attempted to cooperate with you in order to implement the necessary repairs to
the property, you have failed to meet previously agreed to time schedules.
In the event that the required repairs and work are not completed within the
times specified from receipt of this no, ice, the City of Tustin will proceed
to cause the work to be done and lien all costs of such work against the
property owner pursuant to previously adopted City Council Resolution 85-116
(attached). The City also may be compelled to take legal action.
If you should have any questions in regard to this matter, please do not
hesitate to contact the undersigned.
LD:ts
Attachment: Resolution 85-116
cc: City Attorney
Jonathan Cox, Attorney
Chic H. Huang
Respectfully,
Lloyd Dick,
Building Official
1
2
5
6
7
8
9
10
11
12
13
14
15
16
17~
18
19
20
21
22
2~
25
26
27
28
RESOLUTION ~0. 85-116
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
TUSTIN, CALIFORNIA, DETERMINING THAT CERTAIN CONDITIONS
ON THE PROPERTY LOCATED AT 17592 AMAGANSET AVENUE
(AP# 401-033-01~"CONSTITUTE A PUBLIC NUISANCE AND
HEREBY ORDERING THE ABATEMENT OF SAID NUISANCE
The City Council of the City of Tustfn hereby resolves as follows:
I. The City Council hereby finds and determines as follows:
That pursuant to Section 5500 et. seq. of the Tustin Municipal
Code, and based upon the recommendation of the Director of
Community Development, Resolution No. 85-101 was adopted
authorizing a public hearing for the purposes of determining if
conditions on the property at 17592 Amaganset (AP~ 401-033-01)
constitute a public nuisance.
That the property owner of the subject property was duly
notified of the date of the public hearing via certified mail
and a physical posting of the property.
II.
C. That the conditions on the property noted in Section I.B. of
Resolution No. 85-i01 are still present and are hereby
determined to constitute a public nuisance.
The City Council h~reby orders .that the following actions be taken by
the property owner of the property located at 17592 Amaganset.
That all broken windows be replaced, and all doors equipped with
new locks and secured.
B. That all trash, debris, dead vegetation be removed from the
garage, house, and yards of the subject address.
That items II.A. and II.B. of this resolution be accomplished by
January 1, 1986.
0
That all violations of the Uniform Building Code indicated in
Resolution No. 85-101 be corrected and the house made habitable
by February 1, 1986.
III.
The City Council hereby directs that if the order to abate the public
nuisance promulgated in Section II of this 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.
Such personnel or persons under contract are, if the need arises,
expressly authorized to enter upon the premises known as 17592
Amaganset for the purposes of abating the public nuisance. The owner
1
3
§
?
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
2~
26
2?
28
Resolution No. 85-116
page two
of satd premtses shall'be' 1fable to the city for all costs of such
abatement Including all administrative costs. Recovery of these
costs wt11 be attafned through a special assessment agaJnst the
parcel. After the assessment is confirmed, it shall be a lien:on the
parcel.
PASSED AND ADOPTED at a regular meeting of the City Council held on 16th
day of December i, 19B5.
FRANK GREINKE, MAYOR
ATTEST:
,./
.1
3
4
5
6
7
8
9
10
11
19-
'13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION NO. 85-101
A'RESOLUTION OF THE CITY COUNCIL OF lq~E CITY OF TUSTIN,'
CALIFORNIA, OECLARING THE INTENTION l~) CONDUCT A PUBLIC
HEARING TO ASCERTAIN WHETHER THE CONDITION OF lq~E PROPERTY
LOCATEO AT 17S92 AMAGANSET (AP~ 401-033-01) CONSTIlqJTES
A PUBLIC NUISANCE
The Ctty Counctl of the ctty of Tusttn hereby resolves as follows:
I. The Ctty Counctl hereby ftnds and determines the following:
That pursuant to Sectton $$00 et. seq. of the Tusttn City Code,
and based upon the recommendation of the Otrector of Community
Development, a publtc hearing should be conducted to determine
whether or not the condition of the property located at 17592
Amaganset (AP# 401-033-01) constitutes a public nuisance.
B. That the extsttng conditions of the property are as follows:
1. The butldtng has been vacant for two or more years.
2. Several windows have been broken out in violation of City
Code Section 5501.
3. ' Non-conforming construction has been done in that the attic
has been converted into habitable space in.violation of
city codes.
Washer/dryer has been relocated without permits and does
not conform to city codes.
5. The water heater has been relocated without permits and
does not conform to city codes.
6. Non-conforming electrical wiring is present in several
places: washer, dryer, patio, garage areas.
There is an accumulation of trash in the garage creating a
potential.fire hazard in violation of City Code Sections
550! and 4324.
An air conditioner has been installed without permits or
inspection and does not conform to city codes.
C. That recommended methods of abatement are as follows:
1. That all building code violations be corrected.
That the property owner repair all windows in the
structure.
That all debris be immediately and permanently cleared from
the property. FILE COPY
1
2
Resolution No. 85-101
page two
5
6
7
8
9
10
11
12 I Attest:
13
14
15
16
1?
18
19
21
27
28
That items I. C. 1, 2, and 3 of thts resolution be
accomplished wtthtn 20 days of adoption of this resoluttono
The City Counct1 hereby authorizes a publtc hearing concerning:the
property at 17592 Amaganset (AP# 401-033-01) to be conducted on
November 18, 1985.
PASSED AND ADOPTED at a ~egular meettng of the Tusttn City Counctl, held on
the 4th day of November , 1985.
FRANK H. GREINKE, Mayor
MARY E:. ~N, City ~lerk