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HomeMy WebLinkAboutRPT 3 PUBLIC NUISANCE 06-02-86  RE~.~iORTS ,/~,"?~1~ ~JDA~.,z_~/ . NO. 3 Inter Corn DATE: JUNE 2, 1986 TO: FROM: SU BJ ECT: WILLIAM A. HUSTON, CITY MANAGER COI~IUMITY DEVELOPNENT DEPARTHENT PROBLEMS AT 13262 HARSNALL LANE - PUBLIC NUISANCE ./ RECO~9~ENDATION: Receive and file. BACKGROUND AND SLII~RY: Over the last two (2) years, the residents and homeowners on Marshall Lane have experienced numerous problems at the subject address. These problems. are described in detail in the attached letter dated May 13, 1986. Investigation of this matter by the Police Department has found that, over the last few years, numerous responses have been made to the subject property. The problems have rapged from littering to disturbing the peace to consumption of alcohol by minors. Many citations have been issued, however the disturbing activities continue. Prior to receiving a copy of this letter, the Community Development Department had not received recent complaints or witnessed violations of the zoning code. However, further investigations have found that abatement actions may be taken to remove debris from the rear yard. With the help of the Police Department, it was possible to obtain photographs of the rear yard where there seems to be a storage problem. The items found include a disabled vehicle, old tires, paint cans, mattresses, weeds, and assorted litter and rubbish. ANALYS IS: According to the Public Nuisance Section of the Tustin Municipal Code, the condition of the rear yard could be subject to abatement. This abatement would require action by Resolution of the City Council, should the owners refuse to clean the property after all notices and clean up periods have expired. Public Nuisance June 2, 1986 Page two As specified in the attached letter dated May 16, 1986, the clean up should be ftnished in approximately fourteen (14) days. However, this nottce was sent certified, return recefpt requested, and the receipt has not yet been returned. Although the complaints listed in the letter from the Marshall Lane residents are enforceable by the Police, the Community Development Department will follow through with the standard Public Nuisance procedures to clean up the rear yard. Should compliance not be freely given, this matter will be brought before the City Council for formal abatement proceedings. LAURA CAY PICKIF, ' ~ Assistant Planner Director of Community ~evelopment DDL:LCP:em Corn munity Development Department '~CEIVED CO~I~UNiI'Y ~ EVELOf:M F.J'IT 13 Nay 1986 To the Honorable Members of the Tustin City Council 300 Centennial Way Tustin, California 92680 Subject, Activities at 13262 Marshall Lane, Tustin Reference, 1. Marshall Lane letter of February 1986 2. Letter from City of Tustin Police Department Dear Council Members, Statement of Fact~ It has been nearly a year since a group of Homeowners from Marshall Lane congreated at Tustin Police Department and voiced the frustration that was being experienced due to activities at the subject address. Up to the time of this meeting with the neighborhood, it was relatively unknown by the City of Tustin of a serious problem that has been a ~rowing cancer for the past two (2_~. The Tustin Police Department has researched the number of incidents which have occurred at that time ie~ July 1985. There were 26 incidents in a three month period involving 21 different officers. The statistics from July 1985 to present are unknown, however, the problems still exist and have intensified to make matters worse, s o~, 1. I'm sure that the Police Departments records will indicate multitudes of call, complaints etc. covering a variety of areas, from loud parties, firecrackers, assaults, unlawful gatherings for gang wars, fights - · etc. taking place at all hours of the day and night. 2. Surrounding residents have yet to have a decent nights sleep for almost 2 years due to the amount of traffic and noise caused by the owners, residents and tenants at the subject address. 3. The use and condition of the property are deplorable to say the least. It has become a regular daily practice for surrounding neighbors to step outside every morning having to face a major clean up operation removin~ alcohol and beer bottles, trash from fast food restaurants, firecracker papers, oil cans, broken bottles and glass from not only the surrounding properties but Also the City streets, gutters etc. 4. The residents of the subject address and their friends are abusive, use foul language, race up and down the street at all hours making the neighborhood totally unsafe for the other residents on the street not to -1- mention a health and safety problem for small children on the street. 5. The property constantly has juveniles as well as youn~ adults drinking and under the influence. Juveniles and young adults who do not live there use the home for a meeting place or hang out. It has been observed that parents drop their children off and leave them there to have Fun. 6. The residence is being used as a bordello, with all types of transiens rooming there at night, even individuals from the Military. The property is a single family residence being used as a boarding house for which I'm sure that the owner who ~lso lives there does not have a license for maintainin~ such an establishment. The owner stops in at least twice a week for the purpose of picking up the mail and then leaving a~ain leaving her young adults, if so, unattended or unsupervised. 7. There appears to be a steady stream of broken down motor scooters, motor bikes, motor cycles, cars etc. being loaded at all hours of the day and night. The residents thereupon start sanders and grinders removing paint etc. from the equipment that has been dropped off, subsequently being used to rebuild existing motor cycles, scooters, bikes etc. by those individuals living at the subject address as well as those visiting. This repair, dismantling and assemblin~ operation is not only constant but very noisy, littering not only the property but the City street with hazardous obnoxious and contaminated materials from ~asoline, oil to battery acids and other combustible materials which allowed to be literally washed down the street and ~utter. 8. To Further emphasize the abovementioned, color pictures are enclosed and attached hereto. It should also be noted that the hazardous waste and chemicals from the stockpile of motor vehicles has been allowed to drain and accumulate in the soil which is of excellent drainage, flowing into the under~round water table. This constitutes not only a very serious safety problem, but is a serious health problem to the City of Tustin. 9. The accumulation of garbage, food, automobiles, motor vehicles and the like have made an excellent breeding ground for various types of vermin as well as rats to breed rather successFully on the subject property. -2- Rats have been seen going to and from the side yard area by many local residents. 10. Tbe residents/homeowners of Marshall Lane chose the City of Tustin as a clean, healthy, safe City in which to live and raise their families, instead the neighborhood is turning into a cesspool of juvenile delinquents, bums and the unsavory who have a disregard for not only property rights, values but an utter disregard for the City, the Police Department and anyone else of authority as is well recognized by the Tustin Police Department. ll. Due to this overall situation, homeowners living on the street have been unable to sell their property due to the visible lack of attention to the property as'well as the large gathering of so called punk rocker ty~oes of people who congregate and race up and down the street. This is most obvious to potential purchasers and as a result have caused the loss of potential buyers on more than one occassion. 12. It is noxious, offensive and down right discusting to have to live in such surroundings. People in the neighborhood are no longer safe, nor is their property. As was mentioned earlier that those congregating and living at the subject address think nothing of the amount of noise they make, the danger they cause, the value of property or the cost to repair and replace the damage they cause which is a~atn, and it is emphasized as constant and ongoing. The cost of repairs and damage attributable to those congregating at the subject address is now getting quite high with no end in site. 13. Where does it all end? We begin to wonder. We are ~all extremely tired of having to put up with this nuisance. We are all tired of having to look outside and watch someone urinate on the lawns, mail boxes, street etc. 14. Many Agencies have been written letters requesting their assistance, but to date they fall on deaf ears. ~Letters have been sent and calls as well as complaints have been made to, 1. The Tustin Police Deartment 2. The Tustin Fire Department 3. City Attorneys Office City Council 5. Water Resources Board 6. Environimental Protection Agency 7. County of Orange - Department of Health and Safety -3- Still to no avail, the problem still exists. 15. The homeowners of Marshall Lane not only have a Private Nuisance but a serious Public Nuisance. There is a constant interference with ones property rights. We cannot enjoy our neighborhood nor homes (of which we all have a considerable investment in time and money). The subject property is being used, and abused in an unreasonable unwarranted way by the owner and her tenants. The Owner who is very rarely home is allowinM her property to be used in an unlawful manner. Allowing a material annoyance to be produced and maintained which is producing an ~inconvenience, discomfort and injury to not only the property, but the entire street as well as the City of Tustin. Homeowners on Marshall Lane cannot freely use or sell their properties due to such conditions and activities which result in damage to all concerned. There are individuals living on the street near the subject address who has to constantly be on medication due to this condition. 16. We the homeowners on Marshall do not ask for your assistance - we beg you to do all that is within your power to help us clean and clear up this revolting situation. With the problems that have been reported as well as those incidents that have not will greatly emphasize the need for immediate action. With the warmer days approaching us and the longer days, all that the Homeowners on Marshall Lane could look forward to is more drunken parties, brawls, trash and possibility of more assaults etc. coming from the subject address. It is only a matter of time before this heated situation erupts. We as taxpayers do not want gang wars on our street~ nor the result of such. We do not want to have to Witness individuals fighting, beatin~ up on girls and the like at all hours of the day and night. With the progression of all of the abovementioned it is only a matter of time until someone is seriously injured or lose their life. With the fights and speeding up and down the street, we can only hope that the innocent do not have to pay the price for these types of individuals and their ~ross negligence. 17. It is a very sad day when we as Americans cannot live in a Democratic society and enjoy the benefit of home ownership and the freedom to have our young children, enjoy the neighborhood for which we are all paying a very high price. It is even worse that a young child has to be exposed to such element and not be able to -4- ride a bicycle even on the public sidewalks as we never know when one of them might get injured by one of those gathering at the subject address and under the influence. 18. Attached hereto is a list of license numbers that constantly frequent the subject address. There must be other activities that take place at the subject address; however, are not readily kno~n or proveable. E~erytime a telephone call is made to the Police Department voicing a complaint, some of those gathering at the subject address disperse and return later after the police have gone. It is a well known fact that Police Calls are bei~ monitored via a scanner. Your utmost assistance is required immediately. Without your assistance we don't know where to go except the State of California or thru Federal Agencies. Your direction would be appreciated. Very truly yours, The Homeowners and Residents of Marshall Lane in the City of Tustin 13122 Marshall Lane Enclosures Tustin, California 92680 CCY~ Donald J. Saltarelli - Mayor Ronald B. Hoesterey - Mayor Pro Tem Richard B. Edgar - Councilman Ursula E. Kennedy - Councilwoman John Kelly - Councilman Chief Thayer - Tustin Police Department City of Tustin - Fire Department City Attorneys Office City of Tustin - Water Resources Board City of Tustin - Department of Health & Safety City of Tustin - Environmental Protection Agency -5- California License 1. 1J3%382 2. 811 UMY 3. 958 ZXM 4. 217 YBS 5. 2MB3366 6. OBN 0XS1 7. 173 LHY 8. 752 MOW 9.. INE~ 450 10. 2CBP152 ll. ZZM 294 12. 1FZJ 302 13. 1CTP 616 14. OO3 HSK 15. 1H86966 16. 1BTA 939 17. 1PDH 497 18. 285ZCM 19. 1GME617 BVR 557 Washington License 21. TCD 896 .A. ttachmen~ A Toyota Red Truck Volkswagen Beige Toyota Brown Honda Gray Nissan Toyota Camero Datsun Blue Red Ford Honda V. W. Wagon BMW Green Mercedez Brown V. W. Red Chevy Pickup - Blue Chevy Brown American Motors Wagon Chevrolet Brown Brown Mustang Blue Triumph May 16, 1986 Deva~mentof Commun~tvDevelopment -- CERTIFIED MAIL #P 136 061 908 Lawrence and Jane Gentry 13262 Marshall Lane Tusttn, CA 92680 SUBJECT: DISABLED AUTO AND STORAGE OF MISCELLANEOUS RUBBISH DEBRIS IN THE REAR AND SIDE YARD AT 13262 MARSHALL LANE, TUSTIN AND Dear Mr. and Mrs. Gentry: As a result of recent complaints received .by this, department, investigations of the subject property, were conducted. The following violations were found: ' 1. Storage of a disabled vehicle /the side yard; 2. Storage of various unused and/discarded auto parts and rubbish in the rear and side yard areas. These conditions are in violation of Sections 4300, 4500, and 5500 of the Tustin Municipal Code. All v~olations, if not properly abated, may be enforceable up to $S00 and six months in jail for each day of violation. As owner of the subject propert~;~ please secure the removal of the above mentioned violations wtthi~ fourteen (14) days of this notice. Failure to comply with this request may cause initiation of legal proceedings without further notice. / Sincerely, / LAURA CAY PICKUP Assistant Planner LCP:em 300 Centennial Way o Tustin, California 92680 · (714) 544-8890