HomeMy WebLinkAboutNB 1 PUBLIC NUISANCE 04-15-85, ,GENDA
DATE: Aprt ~ 15, 1985
NEW BUSINESS
NO. 1
Inter Corn
TO:
FROM:
SUBJECT:
HONORABLE RRYOR AND CITY COUNCIL
COtWqUNITY DEVELOPIqENT DEPARTHENT
RESOLUTIONS OF INTENTION TO CONDUCT PUBLIC HEARINGS FOR THE
ABATEMENT OF PUBLIC NUISANCES
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 proper%7 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 zoning, health, and safety codes and recover
city costs 133 correct the violation.
DISCUSSION:
Since the adoption of Ordinance 908, staff has attempted to gain compliance with
city codes without the use of formal abatement procedures. As a general rule,
the Community Development Department has had substantial success with code
enforcement by using a positive, cooperative tone in advising citizens and/or
business persons of violations. However, there are circumstances that create
continual problems. Specifically, instances where violations are regularly
repeated. The owner will temporarily comply, only to let the property
deteriorate to the point that enforcement actions are again initiated.
Essentially, the implications of the foregoing discussion are that there is no
real incentive for violators to comply with the code, and the remainder of the
community must live with the consequence.
The alternatives to the enforcement problems in uncooperative circumstances are:
1) immediate legal action; or 2) abatement of public nuisance proceedings. It
is staff's opinion that for residential properties, legal remedies such as
citations or misdemeanor charges are not as appropriate or practical as the
public nuisance abatement proceedings. The intent of enforcement in these
circumstances is to correct a problem, not necessarily punish the violator.
City Councll Report
Public Nuisance
page t~o
RECOI~E#DATZO#:
[t ts recommended that the Counctl adopt the attached resolutions advising
property owners of the Intent to conduct public hearings to ascertain whether
the properties described tn attachments Exhtbtt A through E constitute publtc
nuisances. The adoptton of these resolutions only authorizes a publlc hearing
and does not requtre any Immediate actton by affected property owners. To allow
a reasonable time for violations to be abated prior to the hearing date, tt is
recommended that heartngs be scheduled for the Hay 20, [985 Counctl meettng.
JO:do
attach:
Exhibit A, B, C, D, E, F
Resolution Nos. 85-32, 85-33, 85-34, 85-35, 85~36, 85-37
JD:do
Community Development Department
EXHIBIT "A"
14351Heatherfteld
Description
° Single Family Dwelling in Single Family (R-l) Zone.
° Continued problem with:
Overgrown weeds presenting a health and fire hazard
(violation Section 4411TCC)
Storage of vehicles in rear and side yards, visible from public
right of way
(violation Section 2297 TCC)
Storage of miscellaneous items and debris in front and rear yards
(violation Section 4324 TCC)
Available records show problems date back to 1982. Property eventually
cleared to meet minimum requirements and then permitted to deteriorate.
Several complaints have been received from neighbors expressing a strong
desire for some action on the part of the city.
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RESOLUTION NO. 85-32
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, DECLARING THE INTENTION TO
CONDUCT A PUBLIC HEARING TO ASCERTAIN WHETHER THE
CONDITION OF THE PROPERTY LOCATED AT 1435! HEATHERFIELD
(AP# 432-341-09) CONSTITUTES A PUBLIC NUISANCE
The City Council of the City of Tusttn hereby resolves as follows:
I. 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 property located at 14351
Heatherfield (AP# 432-341-09) constitutes a public nuisance.
B. That the existing conditions of the property are as follows:'
1. Weeds and vegetation are overgrown presenting a health and
fire hazard in violation of Tusttn City Code, Section 4411.
2. Vehicles are stored the rear and side yards in violation of
Tusttn City Code, Section g297.
3. Storage of miscellaneous items and debris in front and rear
yards in violation of Tustin City Code, Section'4324.
C. That recommended methods of abatement are as follows:
That the property owner remove all weeds and overgrowth of
vegetation from the property.
2. That the property owner remove all vehicles from the
property that are currently stored in an illegal manner.
3. That all miscellaneous items and debris be permanently
cleared from the property.
II.
The City Council hereby authorizes a public hearing concerning the
property at 14351 Heatherfteld {AP# 432-341-09) to be conducted on
May 20, 1985.
PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on
the day of , lg85.
Attest:
FRANK GREINKE, Mayor
Mary Wynn, City Clerk
EXHIBIT 'B'
14092 Del Arno
Description
o Single Family Dwelling in a Single Family {R-l) Zone.
Not a repeated violation, simply severe enough to warrant immediate
action.
° Observed violations:
Storage of apparently inoperable vehicles on the property
(violation Section 4501TCC)
Excessive weeds and overgrowth of ground cover presenting a potential
health hazard as a rodent harborage
(violation Section 4411TCC)
Miscellaneous items and debris stored on property
(violation Section 4324 TCC)
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RESOLUTION NO. 85-33
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, DECLARING THE INTENTION TO
CONDUCT A PUBLIC HEARING TO ASCERTAIN WHETHER THE
CONDITION OF THE PROPERTY LOCATED AT 14092 DEL AMO
(AP# 432-063-12) 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:
That pursuant to Section 5500 et. seq. of the Tustln 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 property located at 14092
Del Amo (AP# 432-063-12) constitutes a public nuisance.
That
1.
2.
That
the existing conditions of the property are as follows:.
Storage of apparently inoperable vehicles on the property.
Excessive weeds and overgrowth of ground cover presenting a
potential health hazard as a rodent harborage.
Miscellaneous items and debris stored in front and rear
yards.
recommended methods of abatement are as follows:
II.
1. That the property owner remove all inoperable vehicles from
the property.
2. That the property owner remove all excessive weeds and that
all ground cover (i.e. ivy) be cleared and tr~mmed in an
appropriate manner.
3. That the property owner permanently remove all 'items and
debris stored on the property.
The City Council hereby authorizes a public hearing concerning the
property at 14092 Del Amo (AP# 432-063-12) to be conducted on May 20,
1985.
PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on
the day of , 1985.
Attest:
FRANK GREINKE, Mayor
Mary Wynn, City Clerk
EXHIBIT "C'
2392 Appletree
Description
° Single Family Residence in Planned Community Residential District
Unfortunately precise historical records in this case are not available,
however the problems associated with this site date back to 1982 or
earlier. Records of correspondence do indicate letters were sent in
1983. Specifically, March 22nd, April 14th and October 20th, 1983.
° Problems on the site include:
Excessive weeds in the rear and side yards (violation Section 4411
TCC)
Displacement of the fence separating front and rear yards.
Storage of disabled or inoperable vehicles on the premises (violation
Section 4501TCC).
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RESOLUTION NO. 85-34
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, DECLARING THE INTENTION TO
CONDUCT A PUBLIC HEARING TO ASCERTAIN WHETHER THE
CONDITION OF THE PROPERI~F LOCATED AT 2392 APPLETREE
(AP# 432-424-32) 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:
That pursuant to Section 5500 et. seq. of the Tustln 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 property located at 2392
Appletree (AP# 432-424-32) constitutes a public nuisance.
B. That the existing conditions of the property are as follows:'
Excessive and potentially hazardous weeds and overgrowth in
the rear and side yards.
2. Storage of disabled or inoperable vehicles on premises.
3. The fence separating the front and rear yard has been
removed.
C. That recommended methods of abatemen~ are as follows:
1. That the property owner remove all weeds and overgrowth
from the property.
That the property owner remove all disabled or inoperable
vehicles from the property.
3. That the fences be replaced by the property, owner to
separate the front and rear yards.
II.
The City Council hereby authorizes a public hearing concerning the
property at 2392 Appletree (AP# 432-424-32) to be conducted on May
20, 1985.
PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on
the day of , 1985.
Attest:
FRANK GREINKE, Mayor
Mary Wynn, City Clerk
EXHIBIT mDm
275 Iqatn Street
Description
Commercial structure and large open yard area in the Central Commercial
(C-g) zone.
Violations on the site mainly revolve around an illegal lumber and
materials storage business on the subject property and include:
Illegal accumulation of waste material (violation Section 11.201(a)
Uniform Fire Code)
Illegal storage of combustible materials (violation Section 11.203(b)
Uniform Fire Code)
Illegal outside storage {zoning violation pursuant to Section 9233
TCC)
This is another case where this department's involvement dates back over
one year. Apparently, there is an unrecorded history of the site that
dates to the late 1970's. Strict enforcement was not pursued in that the
operator of the illegal business agreed to vacate the premises. Initially
there was improvement made to the site, however, since that time, the
operator of the business has actually expanded operations by adding new
materials.
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RESOLUTION NO. 85-35
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, DECLARING THE INTENTION TO
CONDUCT A PUBLIC HEARING TO ASCERTAIN WHETHER THE
CONDITION OF THE PROPERTY LOCATED AT 275 MAIN
(AP# 401-585-01) 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:
i.
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 property located at 257 Main
(AP# 401-585-01) constitutes a public nuisance.
That
1.
2.
3.
the existing conditions of the property are as follows:'
The illegal accumulation of waste material.
The illegal storage of combustible materials.
The illegal operation of a used materials storage yard in
the downtown commercial district.
II.
C. That recommended methods of abatement are as follows:
1. That the property owner cause to be removed all lumber,
plumbing fixtures, glass and other miscellaneous items be
permanently removed from the property.
The City Council hereby authorizes a public hearing concerning the
property at 275 Main (AP# 401-585-01) to be conducted on May 20,1985.
PASSED AND ADOPTED at a regular meeting of the Tustin City Counci), held on
the day of , 1985.
Attest:
FRANK GREINKE, Mayor
Mary Wynn, City Clerk
EXHIBIT
140 North 'A' Street
Description
Single Family Dwelling in R-1 zone.
° Violations include:
Storage of inoperable vehicle (violation Section 4501TCC)
Storage of miscellaneous junk and debris in front, side, and rear
yards {violation Section 4324 TCC)
Overgrowth of weeds (Section 4411TCC)
The weed problem and storage violation have created a rodent problem,
therefore, an immediate hazard to the health and safety of neighboring
residents.
° Partial compliance has been attained in the past, but it is apparent that
full compliance is not forthcoming.
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RESOLUTION NO. 85-36
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, DECLARING THE INTENTION TO
CONDUCT A PUBLIC HEARING TO ASCERTAIN WHETHER THE
CONDITION OF THE PROPERTY LOCATED AT 140 NORTH "A"
STREET (AP~ 401-522-15) CONSTITUTES A PUBLIC NUISANCE
The City Council of the City of Tustin hereby resolves as follows:
I. The City Council hereby finds and determines the following:
A. That pursuant to Section 5~00 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 property located at 140
North "A" Street (AP# 401-522-15) constitutes a public nuisance.
B. That the existing conditions of the property are as follows:-
1. An inoperable vehicle is stored upon the property.
2. Miscellaneous items and debris are stored in front, side
and rear yards.
3. The property is overgrown with ground cover and vegetation
creating a harborage for rodents.
recommended methods of abatemen: are as follows:
II.
C. That
1.
That the property owner shall remove the inoperable vehicle
from the property.
That the property owner shall remove all weeds, and trim in
an appropriate manner all ground cover and landscaping.
That the property owner shall remove from the property all
miscellaneous items stored in front, side and rear yards.
The City Council hereby authorizes a public hearing concerning the
property at 140 North "A" Street (AP# 401-522-15) to be conducted on
May 20, 1985.
PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on
the day of , 1985.
Attest:
FRANK GREINKE, Mayor
Mary Wynn, City Clerk
EXHIBIT
13282 #arshal Lane
Description
° Single Family Dwelling in Stngle Family (R-l) zone.
° Continued problem with storage of dlsabled vehtcles in public view
(violation Section 4501TCC)
° Original con~act in June 1984, one vehicle removed by end of July.
Another vehicle brought to property in December, still on property after
two notices to remove.
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RESOLUTION NO. 85-37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, DECLARING THE INTENTION TO
CONDUCT A PUBLIC HEARING TO ASCERTAIN WHETHER THE
CONDITION OF THE PROPERTY LOCATED AT 13282 MARSHAL
LANE (AP# 395-581-11) CONSTITUTES A PUBLIC NUISANCE
The City Council of the City of Tustln hereby resolves as follows:
I. The City Council hereby finds and determines the following:
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 property located at 13282
Marshal Lane {AP# 395-581-11) constitutes a public nuisance.
B. That the existing conditions of the property are as follows:.
1. Disabled vehicles are stored on the property in public view
as well as in side and rear yards.
C. That recommended methods of abatement, in priority order, are as
follows:
1. That the property owner permanently remove from the
premises all disabled or inoperable vehicles.
II.
.The City Council hereby authorizes a public hearing concerning the
property at 13282 Marshal Lane (AP# 395-581-11) to be conducted on
May 20, 1985.
PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on
the day of , 1985.
Attest:
FRANK GREINKE, Mayor
Mary Wynn, City Clerk