HomeMy WebLinkAboutPH 2 PUBLIC NUISANCE 12-16-85December 16, 1985
DATE:
TO:
FROM:
SUBJECT:
HONORABLE RRYOR AND CITY COuNcIL
COt,~4UNITY DEVELOPMENT DEPARTMENT
ABATEMENT OF PUBLIC NUISANCE - 17592 AMAGANSET
RECOI~4ENDED 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 to determine if conditions that exist on the property located at
17592 Amaganset constitute a public nuisance. On December 2, 1985 the public
hearing was opened and testimony received. Based upon that testimony the matter
was continued to this meeting.
At the December 2nd meeting, Mr. Harold Cormann, owner of the subject property,
presented information concerning a contractual agreement between himself and a
general contractor. The contract is for the restoration and repair of the
building at 17592 Amaganset. Additionally, it was stated that plans had been
submitted to the Community Development Department.
DISCUSSION:
While it is correct that Mr. Cormann has made preliminary arrangements and
submitted preliminary plans for design review in an effort to resolve problems
that exist within the structure, the plans submitted were inadequate and Mr.
Cormann advised accordingly. Revised plans have not been submitted.
Additionally, Mr. Cormann was first advised of violations over nine months ago.
Given the length of time lapsed and the need to get required repairs
accomplished, staff recommends that formal Council action be taken. With the
adoption of Resolution No. 85-116, the Council officially orders a nuisance
abated. Time frames in which modifications must be done are left to the
discretion of Council. However, it is recommended that items II A and II B be
abated within two weeks. In terms of correction of Uniform Building Code
violations it is suggested that all violations be abated within 45 days.
~te Planner
iD:do
Draft Resolution No. 85-116
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RESOLUTION NO. 85-116
A RESOLUTION OV 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:
I. The City Council hereby finds and determines as follows:
A. 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.
II.
B. 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.
C. 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.
A. 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.
C. That items II.A. and II.B. of this resolution be accomplished by
January 1, 1986.
De
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
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Resolution No. 85-116
page two
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, it 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