HomeMy WebLinkAboutPublic Hearing #1 9-21-87 SVT B R 9B7 Inter. Corn
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: COMMUNITY DEVELOPIqENT DEPARTHEIFr
SUBJECT: RECOVERY OF CITY z#CURRED COSTS OF ABATEAEIJT OF A PUBLZC NUISANCE
LOCATED AT 17592 A~IAGANSET ICkY
RECOIIqE#DATZO#:
After conducting the required public hearing It ts recommended that the City
Counct1 assess the charges of five thousand four hundred and seven dollars and
thirty cents ($5,407.30) against the property as a special assessment and lien
(see attached Exhtblt A).
After assessing the lien, the Council may want to discuss alternative mechanisms
In achieving total compliance wtth prior notices of abating the nutsance of the
entt re property.
BACKGROUND AND DzSCUSSZON:
The Ctty Counctl adopted Resolution No. 85-116 In December, 1985 to eliminate
the public nuisance at 17592 Amaganset Nay (see attached Exhibit B). After
several conversations with the owner, some work began however, it was
subsequently discontinued. In July, 1987, a second Notice and Order was issued
to abate the public nuisance (see attached Exhibit C). The property owner
failed to comply thus the City authorized necessary action to abate a public'
nuisance on the exterior premises only.
At this time the residence remains vacant and still constitutes a nuisance to
the surrounding neighbors. The owner was notified to complete all inside
renovation work by August 10, 1987, and has failed to comply. All work under
current building permits has been abandoned and permits will expire on October
15, 1987.
CONSLUSION:
To eliminate the public nuisance and return the subject house into a habitable
condition, staff recommends that the City Attorney file an injunction on the
property owner to complete all remaining work and maintain the property in a
safe and neat manner. If not complied with, said owner would then be in
contempt of court and thus be punishable by imprisonment and/or fines under the'
1 aw.
City Council Report
September 21, 1987
Abatement 17592 Amaganset Nay
Page two
Additionally, with the injunction and recorded liens on the property, the
lender, Glendale Federal Savings, may take an active role in abating the
nuisance in accordance with provisions of the loan agreement with the property
owner.
Lloyd Dic~
Building -Official
LLD:pef
Attachments: Exhibit A
Exhibit B
Exhibit C
Corn munity Development Department
DATE: S~BER 8, 1987
Corn
TO: ' WILLI~ A. HURON, CI~ ~N~ER
~OM: C~NI~ D~ELO~E~ DEPAR~
~.~ECT: LZEN FOR ~ ~NE AT 17592
RE--ENDED A~ION:
Motion to set a hearing on the subject ~tter for the City Council ~e~'tng of
September 21, 1987.
B~X~OUND:
The City Council initiated a public nuisance proceeding back in December of
1985 for the property located at 17592 'A~ganset, adopting Resolution No.
85-116. The ~ner of the subject property was again issued a supple~ntal
~ notice t° abate all substandard conditions on the property tn July, 1987.
Due to the failure of the property ~ner to obey the Notice and Order, the
BUilding Official, tn conjunction with the Public Works Depar~nt, ordered the
work to be acco~ltshed. Per the direction of the Building Official the City
perfor~d all .needed work.
Pursuant to the Uniform Code for the Abatement of Dangerous Buildings, the cost
of such work ~y be rode a special assess~nt against the property involved or
~de a personal obligation of the property ~ner. A report speciftytng the work
co~leted, itemized and total cost of the work, the description of the real
property upon which the building was located and the name and address on the
record ~ner of the property ts on file with the City Clerk's office. The City
Council ~st n~ determine and authorize a public hearing to receive any
protests or objections to the work charges being imposed as a personal
obligation on the p~ope~ty owner or an assess~nt against the property involved.
CAS:LD:ts:pef
TO: MARY BYNN, CITY CLERK J/4~
FROM: ' LLOYD DICK, BUILDING OFFICIAL
SUBJECT: ACCOUNT OF EXPENSES OF ABATEI~NT REPAIR WORK
AT 17692 AMAGANSET.
Pursuant to the Uniform Code for the Abatement of Dangerous Buildings - 1979
Edition, Chapter 9, this report ts an accurate account of expendftures:~or all"
work and materials performed at 17592 Amaganset, City of Tusttn, AP~
461-0-33-01.
*All work performed was as follows: Yard cleanup, mowing of lawns, schrub
trimming, tree removal ~d general yard pick up of abandoned debris. Security
of property, window replacement, boarding up.of property, fence repair, exterior
painting, pouring of concrete driveway.
Casts.
Publtc Norks:
I - maintenance worker e $21.00 hr. X 32 hr. - $672.00
1 - maintenance worker.e $16.01 hr. X 8 hr. - $128.00
I - maintenance worker e $23.73 hr. X I hr. = $ 23.73
I - maintenance worker e $26..55 hr. X 4 hr. - $106.20
Equipment:
I - Public work truck e $20.00 hr. X. 4 hr. - $ 80.00
2 - Public works trucks e $20.00 hr. X 20 hr. = $480.00
Materials:
Paint $ 44.36
Lumber $ 49.93
Sub Contractors - Services:
Temporary workers (3) $320.00
Tree removal $550.00
Stump grinder/root removal $447.00
Glass repair $246.32
Concrete work $1,575.00
Sub total: ~
Community Oevelopment Overhead 14 1/2%: 684.76
'Total costs: $5,407.30
17592 Amaganset
page two
This information will be needed for the City Council and the hearing notice.
When the date is set for said hearing under Section 902 of the above mentioned'
code, we will need to post the propert7 and notify all legal owners of the
property.
The owners of interest are as follows:
Glendale Federal Savings and Loan
121 West Lexington Or. ...
Glendale, Ca. 91209
Attn: Mr. Chuck Lombard
Mr. Harold Carmann
3272 Ke~ton
Los Alamttos, Ca. 90720
Mr. Chic Huang
- 16742 Bolero Ln
Huntington Beach, Ca. '92649
LO:ts
%'~ Communi~, Developmen~ Depar~rnen~ ~
RECO~DIN~ R£~IJE~D ,,~J(HIBIT "B"
OF ORANGE COUNTY. CALIFORNIA
RESOLUTION NO. 85-116
2
A RESOLUTION OF ~E CI~ COUNCIL OF ~E CITY OF
3 TUSTZN, CALIFORNIA, DETERMINING ~AT C~RTAIN CONDITIONS
ON ~E PROPER~ LOCATED AT 17592 AMAGANSET AVENUE
~ (AP~ 401-033-O~'"'CONSTITU~ A PUBLIC NUISANCE AND
HEREBY ORDERING ~E ABATEMENT OF SAID NUISANCE
5
The City Council of ~e City of Tustin hereby ~solves as follows:
6 I. The City Council hereby finds and dete~tnes as follows:
7
A. That pursuant ~ Section 5500 et. ~q. of ~e Tusttn Municipal
8 Code, and based upon the reco~endation of the _Director of
Co~ni~ Oevelop~nt, Resolution No. 85-101 was adopted.
9 au~ortzlng a public hearing for the purposes of determining If
conditions on ~e property at 17S92 A~ganset {AP~ 401-033-01)
10 consti~ a public nuisance.
11 B. That the property wrier of the subject property was duly
notified of the date of ~e public hearing via ~rttfted ~tl
and a physical posting of the property.
13 C. That the conditions on the property noted tn Section I.B. of
Resolution No. 85-101 are still present and are hereby
de~r~ned ~ constt~ a public nuisance.
15 II. The Ci~ Council hereby orders .that the foll~tng actions ~ ~ken by
the property ~ner of ~e property located at Z7~92 Amaganset.
16 .A. That all broken windows ~ ~placed, and all doors equipped with
n~'locks and secured.
17
B. That all trash, debris, dead vegetation be removed from the
18
garage, house, and yards of ~e subject address.
19 C. That items II.A. and II.B. of ~is resolution ~ accomplished by
~0 Janua~ ~, 1986.
O. That all violations of the Uniform Building Code indicated in
~1 Resolution No. 85-L0~ be corrected and the house ~de habitable
by Februa~ 1, 1986.
~ III. The City Council hereby direc~ that if the order to aba~ the public
nuisance pro~lga~d in Section II of ~is Resolution has not ~en
co~leted within the ti~ fra~ allotted, the ci~ shall i~diately
~{ .cause the sa~ to ~ abated by city personnel or private contract.
Such personnel or persons under contract are, tf the need arises,
~5 expressly authorized ~ enter upon ~e premises known as 17592
A~ganset for the purposes of abating the public nuisance. The ~ner
36
37
· , 86:351461
!
Resolution No. 85-].16
2 page
3
~ of safd premtses shall-be' 1table to the city for al1 costs of such
abatement including al1 administrative costs, Recovery of these
§ costs will be attained ~hrough a special assessment against the
parce.1, ACter the assessment ts confirmed, tt shall be a lien on the
6 parcel.
? PASSED AND ADOPTED at a regular meeting of the City Council held on 16th
da.y of December , 1985.
8
10 FRANK GREINKE, MAYOR
12: ATTEST:
MARY
]?
lg
20
'23
28~
'" 86=351461',
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF TUSTIN
MARY E. WYNN, City Clerk and ex-offiCio Clerk of the City Counctl of the City of
Tusttn, California, does hereby certify that the whole nu~oer of the members of
the City Council of the City of Tustin-is five; that the above and foregoing
Resolution No. 85-116 was duly and regularly introduced, passed and adopted at a
regular meeting~e City Council held on the 16th day of O~ea~)er, 1985, by the
following vote:
AYES : COUNCILPERSONS: Edgar, Gre~nke, Hoesterey, Kennedy, Saltarelli
NOES : COUNCILPERSONS: None
ASSENT: COUNCILPERSONS: None
City of Tu~'tin, Calil&brnia
I hereby certify that the fora~[cin~ in=trument is a true and
correct copy of th~ ~rig~l on fiie in this olfice.
o~ Oran~a, State o~ Cz~fornia
Ci~ Clerk ~ ~ ~
July I0. 1087 Dt,~artm~nt of Community Development
CERTIFIED
P ~94 282 ~77
Mr. Harold Cor~nn
3272 Ke~pton
Los Alam~tos, California 90720
SUBJECT: NOTICE AND ORDER TO RBATE SUBSTANDARD
PROPERTY AND Al'TRACTIVE NUISANCE
Dear Mr. Cormanfl:
This is a #otlce and Order to Abate the substandard property condition which
constitutes a dangerous condition and a publtc nuisance, located at 17592
Amaganset, Tustln, California, also k:~ows as Assessor's parcel No.
401-033-01. This Mottce 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:
X. Property including but not limited to building exteriors and premises
have become unsightly and in such condition of disrepair causing
detrtnmt to neighboring properties.
A. Overgrown weeds and vegetation
B. Unfinished driveway surface
C. Broken windows
O. Removal of plywood from all windows
E. Stockptllng of Junk, debris and equipment
F. Unsecured property - removed fencing
G. Tree roots uplifting sidewalk
2. Completion of all work under current building permits within thirty
days (30) of this notice,
3. Securing of property to discourage malicious mischief and trespassers
wtthtn 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 · Tastin, Cali'[ornia 92680 · (71`1) 5,14-8890
Mr.. Cormenn
~.July 10, 1987
Page Two
As you know, the above located property has continued to exist in %ts
substandard state of disrepair for several years; although the City staff has
attempted to cooper&re wtth 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 wtthtn the
times specified from receipt of this notice, the City of Tusttn wtll ~roceed
to cause the work to be done and lien all costs of such work against the
property owner purSUant to previously adopted Ctty Counctl Resolution B5-116
(attached). The City also may be compelled to take legal action.
If you should have any questlons in regard to this matter, please do not
hesitate to contact the undersigned. '
Respectfully,
Lloyd I)fck,
Building Official
LD:ts
Attachment: Resolution 85-116
cc: City Attorney
Jonathan Cox, Attorney
Chic H. Huang