HomeMy WebLinkAboutCC 9 PUBLIC NUISANCES 11-04-85DATE:
~ovember 4, 1985
CONSENT CALENDAR
NO. 9
TO:
FROM:
S U BJ ECT:
HONORABLE MAYOR AND CITY COUNCIL
COI, lqUNITY DEVELOPNENT DEPARI'IMENT
RESOLUTION OF INTENTION TO CONDUCT A PUBLIC HEARING FOR THE
ABATEMENT OF PUBLIC NUISANCES
RIrCOI~IENDATTON:
Staff recommends that the City Council adopt the attached resolution. This
resolution advises the property owner at 17592 Amaganset of the intention to
conduct a public hearing to ascertain whether the subject property constitutes a
public nuisance. The adoption of this resolution only authorizes a public
hearing and does not require any immediate action by the property owner. It is
recommended that the hearing be scheduled for the November 18, 1985 Council
meeting to allow a reasonable time for violations to be abated.
BACKGROUND:
In June 1984, City Ordinance No. 908 establishing procedures for the abatement
of public nuisances went into effect. To summarize the ordinance, the Council
by resolution may place a property owner on notice that a public hearing, for
the purposes of abating a public nuisance, will be conducted. Subsequently, if
the violation has not been abated, the Council may order appropriate actions to
attain compliance with applicable city codes and recover city incurred costs to
correct the violation.
DISCUSSION:
The property in question has been a problem for over two years. It has changed
ownership during this period and each of the owners, on several occasions, have
been notified of problems that exist on the property. The current owner has
also been notified of the unacceptable condition of the property, but has taken
no action to correct violations. The property constitutes a nuisance in that
the house is unsecured (broken windows) and is a potential fire hazard because
of the accumulation of trash in the garage.
Ctty Council Report
~luisance
page t~o
CONCLUSIONS:
Alternatives available for enforcement problems in uncooperative circumstances
are: 1) immediate legal action in the form of a citation or a misdemeanor
charge; or, 2) abatement of the public nuisance proceedings. It is the staff's
opinion that for residential properties, legal remedies such as citations or
misdemeanor charges are not as appropriate as public nuisance abatement
proceedings. Staff considers that the intent of enforcement is to correct a
problem, not necessarily punish the violator.
~s~o~i ate Planner
JD:do
Community Development Department
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RESOLUTION NO. 85-101
A RESOLUTION OF TH£ CITY COUNCIL OF TNE CITY OF TUSTIN,
CALIFORNIA, DECLARING THE INTENTION TO CONDUCT A PUBLIC
HEARING TO ASCERTAIN WHETHER THE CONDITION OF THE PROPERTY
LOCATED AT 17592 AMAGANSET (AP# 401-033-01) CONSTITUTES
A PUBLIC NUISANCE
The City Council of the city of Tustin hereby resolves as follows:
The City Council hereby finds and determines the following:
A. That pursuant to Section 5500 et. seq. of the Tustin City Code,
and based upon the recommendation of the Director of Community
Development, a public hearing should be conducted to determine
whether or not the condition of the proper~ located at 17592
Amaganset (AP# 401-033-01) constitutes a public nuisance.
B.That the existing conditions of the property are as follows:
1. The building 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.
4. 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.
7. There is an accumulation of trash in the garage creating a
potential fire hazard in violation of City Code Sections
5501 and 4324.
8. 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.
2. That the property owner repair all windows in the
structure.
3. That all debris be immediately and permanently cleared from
the property.
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Resolution No. 85-101
page two
4. That items I. C. 1, 2, and 3 of this resolution be
accomplished within 20 days of adoption of this resolution.
II.
The City Council hereby authorizes a public hearing concerning the
property at 17592 Amaganset (AP# 401-033-01) to be conducted on
November 18, 1985.
PASSED AND ADOPTED at a regular meeting of the Tustin C~ty Council, held on
the day of , 1985.
Attest:
FRANK H. GREINKE, Mayor
MARY E. WYNN, City Clerk