HomeMy WebLinkAboutPH 3 PUBLIC NUISANCE 12-02-85PUBLIC HEARING
NO. 3
TO:
FROM:
SUBJECT:
HONORABLE NAYOR AND CIT~ COUNCIL
COt~UNITY DEVELOPflENT DEPARTMENT
ABATEMENT OF PUBLIC NUISANCE - 17592 A~IAGANSET
RECOI~ENDED ACTION:
After conducting the required public hearing it is recommended that the City
Council find that the conditions existing on the subject property constitute a
public nuisance and order the abatement thereof by the adoption of Resolution
No. 85-116.
BACKGROUND:
On November 4, 1985 the Council adopted Resolution No. 85-101 scheduling a
public hearing for this date. The hearing to be conducted is for the purpose of
determining if conditions that exist on the property located at 17592 Amaganset
constitute a public nuisance, and what actions, if any, should be ordered by the
Council. At the subject address, the conditions that are considered to
constitute a public nuisance are as. follows:
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The building has been vacant for two or more years.
Several windows have been broken out in violation of City Code Section
5501.
Non-conforming construction has b~en done in that the attic has been
converted into habitable space in violation of city codes.
Washer/dryer has been relocatd without permits and does not conform to city
codes.
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.
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There is an accumulation of trash in the garage creating a potential fire
hazard in violation of City Code Sections 5501 and 4324.
An air conditioner has been installed without permits or inspection and
does not conform to city codes.
DISCUSSION:
The property owner has been notified (by certified mail) of the Council's intent
to hold a public hearing concerning abatement of the nuisance. However, at the
City Council
Amaganset
page two
writing of this report there has not been any improvement to the subject
property nor has the owner contacted the Community Development Department to
discuss the matter.
Of all of the violations on the property, the most critical at this time are the
broken, unsecured windows and doors, and the accumulation of trash and/or
miscellaneous debris on the property. Therefore, it is recommended that by the
adoption of Resolution No. 85-116, the Council order the two phase clean-up of
the property as follows:
1. That by December 16, 1985 all windows be replaced and that all doors
provided with working locks and secured. Additionally that all trash,
debris, dead vegetation be removed from inside the house, garage, and yard
areas.
That by January 15, 1986 all building code violations that presently exist
be corrected.
It is further recommended that if the listed deadlines are not met, that the
Council authorize necessary improvements be made through whatever legal means
available including contracting for completion of required tasks. Even though
the violations of the building code do not present an immediate threat to the
health, safety and welfare of the community, 'unless corrections are made, the
home must remain vacant. In staff's opinion, as long as the house stays vacant
it will continue to be a nuisance to the surrounding area. Accordingly even the
most basic corrections must be accomplished as soon as possible.
CONCLUS[O#S:
In order to eliminate the public nuisance and to return the house at 17592
Amaganset to a habitable condition, the provisions in Resolution No. 85-116
should be imposed within the time frame allotted; otherwise,, the city should
make every effort to ensure that the public nuisance is discontinued.
.~?F~OAVIS,
Associate Planner
iD:do
attach:
Resolution No. 85-116
Community Development Department
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RESOLUTION NO. 85-116
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
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 Tustin hereby resolves as follows:
II.
III.
The City Council hereby finds and determines as follows:
That pursuant to Section 5500 et. seq. of the Tusttn 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.
That the conditions on the property noted in Section I.B. of
Resolution No. 85-101 are still present and are hereby
determined to constitute a public nuisance.
The City Council hereby orders-that the following actions be taken by
the property owner of the property located at 17592 Amaganset.
Ae
That all broken windows be replaced, and all doors equipped with
new locks and secured.
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That all trash, debris, dead vegetation be removed from the
garage, house, and yards of the subject address.
C. That items II.A. and II.B. of this resolution be accomplished by
December 16, 1985.
That all violations of the Uniform Building Code indicated in
Resolution No. 85-101 be corrected and the house made habitable
by January 15, 1986.
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
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Resolution No. 85-116
page ~o
of said premises shall be liable to the city for all costs of such
abatement including all administrative costs. Recovery of these
costs will be attained through a special assessment against the
parcel. After the assessment is confirmed, tt shall be a lien on the
parcel.
PASSED AND ADOPTED at a regular meeting of the City Council held on
day of , 1985.
FRANK GREINKE, MAYOR
ATTEST:
MARy E. WYNN, CITY CLERK