HomeMy WebLinkAboutPH 2 PUBLIC NUISANCE 05-20-85~l~ A ~mmm Ik ! ~mmm~ R PUBLIC HEARING
,- N 2
DATE: May 20, 1985
TO:
FROM:
SU BJ ECT:
HONORABLE )~AYOR AND CITY COUNCIL
COI~UNITY DEVELOPRENT DEPARTMENT
ABATEMENT OF PUBLIC NUISANCE - 13282 #ARSHALL LANE
.J
BACKGROUND:
On April 15, 1985 the Council adopted Resolution No. 85-37 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 13282 Marshall
constitute a public nuisance, and what actions, if any, should be ordered by the
Council. At the subject address, the conditions that by definition constitute a
public nuisance are as follows:
1. The storage of disabled or abandoned vehicle in public view.
The property owner of record was notified by certified mail {receipt returned)
and the property was posted with Resolution No. 85-37.
DISCUSSION:
In this particular instance, the property owner has voluntarily removed the
vehicle constituting violation shortly after the property was posted.
Accordingly, no formal action is required by the Council. However, since this
particular site has a history of problems, if the Council concurs, staff will
forward correspondence to the owner advising that future violations will be
abated by the issuance of citations.
RECOI~ENDED ACTION:
It is recommended that the Council proceeds in the following manner:
1. Open the public hearing, receive public testimony, close the hearing.
e
Note for the record that the violation outlined in Section I.B. of-
Resolution No. 85-37 have been abated.
City Council Report
Marshal Lane
page two
Direct staff to inform the owner of the subject property that future
violations of the City Code resulting in similar conditions outlined in
Section I.B. of Resolution No. 85-37, shall be subject to the immediate-
issuance of citations pursuant to appropriate sections of the Municipal
Code.
~sF~AVIS,
~iate Planner
JD:do
attach:
Resolution 85-37
Notice of Public Hearing to property owner
Return Receipt verifying delivery of notice
Community Development Department
April 16, 1985
Depa~nent~Communi~Deve~p~ent
CERTIFIED MAIL
Mr. David George
13282 Marshall Lane
Tustin, Ca. 92680
SUBJECT: INITIATION OF ABATEMENT OF PUBLIC NUISANCE PROCEEDINGS FOR
PROPERTY LOCATED AT 132B2 MARSHALL LANE (APl 395-581-11)
Dear Mr. George:
On Monday, April 14, 1985, the Tustin City Council adopted Resolution
No. 85-37 requiring that a public hearing be conducted to determine if
the condition of your property constitutes a public nuisance to the
surrounding community. Attached you will find a copy of Resolution
No. 85-37 outlining the violations of the Tustin City Code which
currently exist as well as what is required to eliminate said
violations. The Resolution has also been posted at the subject
address.
The public hearing has been scheduled for May 20, 1985 at 7:00 pm.
Should all violations be corrected by that date, no further action
will be taken and the public hearing will be terminated. However,
please be advised that failure to abate all items noted in Section I.
B. of Resolution No. 85-37 will result in the City taking appropriate
actions including, but not limited to, contracting for the items
needed to bring your property into compliance. Subsequently, you will
be billed for costs of such contracts, including all administrative
costs. Failure to pay appropriate billings would result in an
assessment being placed on your property tax bill.
Should you have any questions, do not hesitate to contact me.
~ J'effr~y S. Davis
Associate Planner
JSD:pef
CC:
Bill Huston, City Manager
Don Lamm, Director, Community Development
James Rourke, City Attorney
300 Centenn~ll~lay · Tus~Californ~ 92680 · (7I~ 544-8890
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RESOLUTION NO. 85-37
A RESOLUTION OF THE CITY COUNCIL OF ll4E CITY OF
TUSTIN, CALIFORNIA, DECLARING THE INTENTION TO
CONDUCT A PUBLIC HEARING TO ASCERTAIN WHETHER ll4E
CONOITION OF THE PROPERTY LOCATED AT 13282 MARSHAL
LANE (AP{ 395-581-11) 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:
That pursuant to Section SS00 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-$81-11) constitutes a public nuisance.
B. That the existing conditions of the property are as follows:.
Disabled vehicles are stored on the property in public view
as well as in side and rear yards.
That recommended methods of abatement, in priority order, are as
follows:
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 15th.. day of April , 1985.
FRANK GREINKE, Mayor
Attest:
Mary Wynn,~ity Cler~
~.SENDER: Complete items 1, 2, 3 and 4.
cldivl~. For Idditional fe~ the following ~rvices are .
for mice(s) requested. --
1. [] Show to whom, date end adclre~s of delivef~.:
2. [-I Re~tricte~ Delivery. .' . . ..
.
.4 Type of Service:. ·.... - Arti?e'Numb~
~rtifi~ '.- .~ COD
AImys obtain signature of ~r~nt a~ -
DATE DELIVERED,
7. Date of Delivery .
om
TO:
FROM:
SUBJECT:
HONORABLE HAYOR AND CITY COUNCIL
COHI~JNITY DEVELOPHENT DEPARTHENT
ABATEMENT OF PUBLIC NUISANCE - 14351HEATHERFIELD
BACKGROUND:
On April 15, 1985 the Council adopted Resolution No. 85-32 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 14351
Heatherfield 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:
Weeds and vegetation are overgrown presenting a health and fire hazard in
violation of Tustin City Code, Section 4411.
®
Vehicles are stored in the rear and side yards in violation of Tustin City
Code, Section 9297.
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Storage of miscellaneous items and debris in front and rear yards in
violation of Tustin City Code, Section 4324.
The property owner of record was notified by certified mail and the property was
posted with Resolution No. 85-32.
DISCUSSION:
Upon reinspection of the property on May 9, 1985 it was observed that the weeds
on the property had been cleared the result being that the area is now only an
unlandscaped dirt section of the property. Further, other vegetation is still
in need of trimming. Also, the miscellaneous debris has been removed from the
driveway. However, the illegally parked vehicles are still situated on the
premises.
Although the property owner has made some effort to clear the property, the
appearance of the property is still in need of attention. Specifically, the
vehicles must be removed, and the dirt area will only again become overgrown
with weeds, therefore the area should be seeded with lawn. Additionally, upon
the reinspection of the property, the garage was open and the inside visible
from the street. It appears as though the property owner is operating an
illegal business out of the garage. While this situation was not a part of the
original abatement of nuisance order, the problem should be addressed.
City Council Report
Heatherfield
page two
RECONFIENDED ACTXON:
It is recommended that the Council open the public hearing concerning the
subject property and receive any public testimony. As a result of said
· testimony and/or any other information made available, it is also recommended
that the Council determine that the conditions observed on the property at 14351
Healtherfield constitute a public nuisance. Further, it is recommended that the
Council order the abatement of said nuisance by the adoption of Resolution No.
85-45.
JD:do
attach:
Resolution No. 85-32
Formal Notification of ProPerty Owner
Returned notice ·
Community Development Department
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RESOLUTION NO. 85-45
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, DETERMINING THAT CERTAIN
CONDITIONS ON THE PROPERTY LOCATED AT 14351
HEATHERFIELD (AP # 432-341-09) 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.
The City Council hereby resolves .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. 85-32 was adopted
authorizing a public hearing for the purposes of determining if.
conditions on the property at 14351 Heatherfield (AP
#432-424-32) 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.
Ce
That with the exception of the issue pertaining to the removal
of tall weeds, the conditions on the property noted on Section
I.B. of Resolution No. 85-32 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 14351Heatherfield:
Ae
That the mere removal of weeds on the property leaving dirt lots
does not reduce significantly the public nuisance on the site
and it is hereby required that the planting of lawn-materials
must be accomplished in areas where ground cover is not
existant.
Ce
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That the vegetation on the property including all plants,
hedges, bushes and trees be trimmed in an appropriate manner.
That all illegally parked vehicles be removed from the site
and/or parked in a manner in conformance with Section 9297 of
the City Code.
That the garage be Cleared in conformance with Section 9297 of
the City Code, and any unauthorized home occupation be
discontinued.
That the item contained in Section II.C. of this Resolution be
accomplished within 10 days from adoption.
That items contained in Section II.A., B., D., be accomplished
within 20 days from adoption.
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Resolution No. 85-45
page two
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 14351
Heatherfield for the purposes of abating the public nuisance. The
owner of Raid 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 assessmeQt 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 the
day of , lg85.
Attest:
FRANK H. GREINKE, Mayor
MARY E. WYNN, City Clerk
DATE:
Nay 20, 1985
TO:
FROM:
SUBJECT:
HONORABLE MAYOR AND CITY COUNCIL
COI~4UNITY DEVELOPHENT DEPARTHENT
ABATEI~ENT OF PUBLIC NUISANCE - 14092 DEL AHO AVENUE
BACKGROUND:
On April 15, 1985 the Council adopted Resolution No. 85-33 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 14092 Del Amo
Avenue 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:
'Excessive and potentially hazardous weeds and overgrowth in the rear,
front, and side yards.
2. Storage of miscellaneous items and debris in the front, and side yards.
The property owner of record was notified by certified mail (receipt returned)
and the property was posted with Resolution No. 85-33.
DISCUSSION:
Staff has monitored the subject property since the council meeting of April 15,
1985 and noted that the boat in the driveway has been removed, as has the
disabled vehicle. However, conditions concerning the vegetation overgrowth and
storage of trash and debris in the driveway have not been improved.
RECOMHENDED ACTION:
It is recommended that the Council open the public hearing concerning the
subject property and receive any public testimony. As a result of said
testimony and/or any other information made available, it is also recommended
that the Council determine that the conditions observed on the property at 14092
Del Amo Street constitute a public nuisance. Further, it is recommended that
the Council order the abatement of said nuisance by the adoption of Resolution
~lanner
JD:pf
attach:
Resolution No. 85-46
Formal Notification of Property Owner
Returned Notice
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RESOLUTION NO. 85-46
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, DETERMINING THAT CERTAIN
CONDITIONS ON THE PROPERTY LOCATED AT 14092 DEL AMO
AVENUE (AP# 432-063-12) 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 resolves and determines as follows:
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. 85-33 was adopted
authorizing a public hearing for the purposes of determining if
conditions on the property at 14092 Del Amo Avenue
(AP#432-063-12) constitute a public nuisance.
That the property owner of the subject property was duly
notified of the date of the public hearing via certified mai,1
and a physical posting of the property.
That with the exception of the issue pertaining to an abandoned
or inoperable vehicle, and the boat, the conditions on the
property noted in Section I.B. of Resolution No. 85-33 are still
present and are hereby determined to constitute a public
nuisance.
II.
The City Council hereby orders that the following actions be taken by
the property owner of the property located at 14092 Del Amo Avenue:
Ae
That all weeds and overgrowth of vegetation be removed from the
property.
That all miscellaneous items and debris be removed from the
front and side yards.
That the items noted in Section II. A. and II. B. of this
Resolution must be completed within 14 days from the date this
Resolution is adopted.
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.
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Resolution No. 85-46
page two
Such personnel or persons under contract are, if the need arises,
expressly authorized to enter upon the premises known as 14092 Del
Amo Avenue for the purposes of abating the public nuisance. The
owner of said premises shall be liable to the City for all costs of
such abatement including al! administrative cOsts. Recovery of these
costs will be ~ttained 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 the
day of , 1985.
Attest:
FRANK H. GREINKE, Mayor
MARY E. WYNN, City Clerk
DATE:
~tay 20, 1985
Inter- Cpm
TO:
FROM:
SUBJECT:
HONORABLE I~YOR AND CITY COUIJCIL
COI~UliITY EVELOPRENT DEPARTENT
ABATEMEIfI' OF PUBLIC NUISANCE - 2392 APPLE TREE
BACKGROUND:
On Aprtl 15, 1985 the Counctl adopted Resolution rio. 85-34 scheduling a publlc
hearing for thts date. The heating to be conducted Is for the purpose of
determining if conditions that extst on the property located at 2392 Apple Tree
constitute a publlc nuisance, and what actions, If any, should be ordered by the
Counct1. At the subject address, the conditions that are considered to
constitute a publlc nutsance are as follows:
Excessive and potentially hazardous weeds and overgrowth in the rear and
si de yards.
2. Storage of disabled or inoperable vehicles on premises.
3. The fence separating the front and rear yard has been removed.
The property owner of record was notified by certified mail (returned unclaimed)
and the prol~erty was posted with Resolution No. 85-34.
DISCUSSION:
A follow-up inspection conducted on May 9, 1985 found that a partial effort has
been made to' clear weeds in the rear yard, but the side yards have gone
untouched. In fact, the side yard is in worse condition than on the date the
property was initially posted. Further, the fence between the front and rear
yards has not been replaced. As for the disabled vehicle, it is now apparently
operational, yet is still continually parked in a manner that obstructs the
public sidewalk.
From outward appearance, the property owner has not made a concerted effort to
abate the unsightly and potentially hazardous conditions on the property; some
action on the part of the City is now appropriate. A formal abatement order
should be issued giving the property owner notice to clear the premises or that
the City shall cause the nuisance to be abated with any costs incurred assessed
against the property.
Ctty Councll Report
Apple Tree
page t~o
R£COI~E#D£D ACT~O#:
It is recommended that the Council open the public hearing concerning the.
subject property and receive any public testimony. As a result of said
testimony and/or any other information made available, it is also recommended
that the Council determine that the conditions observed on the property at 2392
Appletree constitute a public nuisance. Further, it is recommended that the
Council order the abatement of said nuisance by the adoption of Resolution No.
85-47.
JD:do
attach:
Resolution No. 85-47
Formal Notification of Property Owner
Returned notice .
Community Development Department
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RESOLUTION NO. 85-47
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, DETERMINING THAT CERTAIN
CONDITIONS ON THE PROPERTY LOCATED AT 2392 APPLE TREE
(AP # 432-424-32) CONSTITUTE A PUBLIC NUISANCE AND
HEREBY ORDERING THE ABATEMENT OF SAID NUISANCE
The City Council of the City of Tusttn hereby resolves as follows:
The City.Council hereby resolves 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. 85-34 was adopted
authorizing a public hearing for the purposes of determining if
conditions on the property at 2392 Apple Tree (AP #432-424-32).
constitute a publtc nuisance.
Be
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.
Gm
That with the exception of the issue pertaining to an abandoned
or inoperable vehicle, the conditions on the property noted in
Section I.B. of Resolution No. 85-34 are still present and are
hereby determined to constitute a public nuisance.
II.
The City Council hereby orders that the f~llowing actions be taken by
the property owner of the property located at 2392 Apple Tree:
A. That all weeds and overgrowth of the vegetation be removed from
the property.
Be
That the fence separating the front and rear yards be replaced.
Materials to be used shall match the type and color of existing
fence on the site.
That the items contained in Section II. A. and II. B. of this
Resolution must be completed within 14 days from the date this
Resolution is adopted.
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 Ct~ personnel or private contract.
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Resolution No. 85-47
page ~o
Such personnel or persons under contract are, if the need arises,
expressly authorized to enter upon the premtses known as 2392
Apple Tree for the purposes of abattng the publtc nuisance. The
owner of satd premtses shall be ltable to the City for all costs of
such ,abatement Including all administrative costs. Recovery of these
costs wtll be attained .through a spectal assessment against the
parcel. After the assessment ts confirmed, it shall be a 1ten on the
parcel.
PASSED AND ADOPTED at a regular meeting of the City Council held on the
day of , 1985.
Attest:
FRANK H. GREINKE, Mayor
MARY E. WYNN, City Clerk
April 16, 1985
OepartmentqCommunityDeve~nt
CERTIFIED K~IL
Robert Fletcher
2392 Apple Tree Drive
Tustin, Ca. 92680
SUBJECT: INITIATION OF ABATEMENT OF PUBLIC NUISANCE PROCEEOINGS FOR
PROPERTY LOCATED AT 2392 APPLE TREE (AP~ 432-424-32)
Dear Mr. Fletcher:
On Monday, April 14, 1985, the Tustin City Council adopted Resolution
No. 85-34 requiring that a public hearing be conducted to determine if
the condition of your property constitutes a public nuisance to the
surrounding community. Attached you will find a copy of Resolution
No. 85-34 outlining the violations of the Tustin City Code which
currently exist as well as what is required to eliminate said
violations. The Resolution has also been posted at the subject
address.
The public hearing has been scheduled for May 20, 1985 at 7:00 pm.
Should all violations be corrected by that date, no further action
will be taken and the public hearing will be terminated. However,
please be advised that failure to abate all items noted in Section I.
B. of Resolution No. 85-34 will result in the City taking appropriate
actions including, but not limited to, contracting for the items
needed to bring your property into compliance. Subsequently, you will
be billed for costs of such contracts, including all administrative
costs. Failure to pay appropriate billings would result in an
assessment being placed on your property tax bill.
Should you have any questions, do not hesitate to contact me.
Associate Planner
JSD:pef
CC:
Bill Huston, City Manager
pon La_mm, pire~pr,_~pmmunity Development
ames RourKe, city Attorney
300 Centennial Way , Tustin, California 92680 · (714) 544-8890
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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 PROPERTY LOCATED AT 2392 APPLETREE
(AP# 432-424-32) CONSTITUTES A PUBLIC NUISANCE
The City Council of the Ctty of Tustin hereby resolves, as follows:
II.
T~e City Council hereby finds and determines the following:
A. That pursuant to Section 5~00 et. seq. of the TuSttn City Code,
and based upon the ~ecommendation of the 01rec~or of Community
Development, a publtc hearing should be conducted to determine
whether or not the condition of the property located at 2392
Appletree (APt 432-424-32) constitutes a public nuisance.
B. That the existing condttlons of the property are as follows:'
Excessive and potentially hazardous weeds and overgrowth tn
the rear and side yards.
2. Storage of disabled or inoperable vehicles on premises.
e
The fence separating the front and rear yard has been
removed.
C. That mcommended methods of abatemen~ are as follows:
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·
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 15th day of April , 1985.
FRANK GREINKE, Mayor
Attest:
Mary Wynn~tty Clerk~
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §
CITY OF TUSTIN )
MARY E. WYNN, City Clerk and ex-officio Clerk of the City Council of the City of
Tustin, California, does hereby certify that the whole number of the members of
the City Council of the City of Tustin is five; that the above and foregoing
Resolution No. 85-34 was duly and regularly introduced, passed and adopted at a
regular meeting~the City Council held on the lSth day of A~rtl~ 1985, by the
following.vote:
AYES :
NOES :
ABSENT:
COUNCILPERSONS:
COUNCILPERSONS:
COUNCILPERSONS:
Edgar, Greinke, Hoesterey, Kennedy
None
Saltarelli
MARY E. WYNN,~(~it~ Clerk(~
City of Tustf~Y, Californi~
DATE:
May 20, 1985
TO:
FROM:
SUBJECT:
BACKGROUND:
HONORABLE RAYOR AND CITY COUNCIL
COI~IUNITY DEVELOPMENT DEPARTMENT
ABRTEMENT OF PUBLIC NUISANCE - 275 RAIN STREET
On April 15, 1985 the Council adopted Resolution No. 85-35 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 275 Main Street
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:
The illegal accumulation of waste material.
The illegal storage of combustible materials.
The illegal operation of a used materials yard in the downtown commercial
district.
The property owner of record was notified by certified mail (receipt returned)
and the property was posted with Resolution No. 85-35.
DISCUSSION:
A follow-up inspection conducted on May 9~ 1985 found that minimal work has been
done tO achieve compliance. Some materials have been moved upon the site,
virtually no materials have been removed from the property. In fact, materials
have been added to the area. Lumber has not only been deposited within the
property lines, but has been left within the public right-of-way along Third
Street.
RECO~ENOED ACTION:
It is recommended that the Council open the public hearing concerning the
subject property and receive any public testimony. As a result of said
testimony and/or any other information made available, it is also recommended
that the Council determine that the conditions observed on the property at 275
Main Street constitute a public nuisance. Further, it is recommended that the
Council j~der the abatement of said nuisance by the adoption of Resolution No.
s~socDAVIS,
iate Planner
JD:do
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RESOLUTION NO. 85-48
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, DETERMINING THAT CERTAIN
· CONDITIONS ON THE PROPERTY LOCATED AT 275 MAIN
STREET (AP # 401-585-0~) 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 resolves and determines as follows:
That pursuant to Section 5500 e%. seq. of the Tustin Municipal
Code, and based upon the recommendation of the Director of
Community Development, Resolution No. 85-35 was adopted
authorizing a public hearing for the purposes of determining if
conditions on the property at 275 Main Street {AP ~401-585-01)
constitute a public nuisance.
That the property owner of the subject property was duly
notified of the date of the public ~earing via certified mail
and a physical posting of the property.
Ce
That the conditions on the property noted in Section I.B. of
Resolution No. 85-35 are still present and are hereby determined
to constitute a public nuisance.
That the quantity of materials have been added to the site since
original notice of abatement dated April 15, 1985
II.
The City Council hereby orders that the following actions be taken by
the property owner of the property located at 275 Main Street:
Ae
That the property owner cause to be removed all lumber, plumbing
fixtures, glass and/or all other miscellaneous items be
permanently removed from the property.
That the removal ordered in Section II. A. of this Resolution be
accomplished within 30 days of adoption.
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.
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Resolution No. 85-48
page two
Such personnel or persons under contract are, if the need arises,
expressly authorized to enter upon the premises known as 275 Main
Street for the purposes of abating the public nuisance. The owner 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 theassessment is confirmed, it shall be a lien on the
parcel.
PASSED AND ADOPTED at a regular meeting of the City Council held on the
day of , lg85.
Attest:
FRANK H. GREINKE, Mayor
MARY E. WYNN, City Clerk
FRF-¢BiPT' '
"p~ Form 38~'~,Julv 1983 . ,. - ' )
April 16, 1985
Dep,~-t~,nt q Community Development
CERTIFIED ~IL
Mr. Martin Perfit
366 S. Hudson
Los Angeles, Ca. 90020
SUBJECT: INITIATION OF ABATEMENT OF PUBLIC NUISANCE PROCEEDINGS FOR
PROPERTY LOCATED AT 275 HAIN STREET (AP~ 401-585-01)
Dear Mr. Perfit:
On Monday, April 14, 1985, the Tustin City Council adopted Resolution
No. 85-35 requiring that a public hearing be conducted to determine' if
the condition of your property constitutes a public nuisance to the
surrounding community. Attached you will find a copy of Resolution
No. 85-35 outlining the violations of the Tustin City Code which
currently exist as well as what is required to eliminate said
violations. The Resolution has also been posted at the subject
address.
The public hearing has been scheduled for May 20, 1985 at 7:00 pm.
Should all violations be corrected by that date, no further action
will be taken and the public hearing' will be terminated. However,
please be advised that failure to abate all items noted in Section I.
B. of Resolution No. 85-35 will result in the City taking appropriate
actions including, but not limited to, contracting for the items
needed to bring your property into compliance. Subsequently, you will
be billed for costs of such contracts, including all administrative
costs. Failure to pay appropriate billings would result in an
assessment being placed on your property tax bill.
Should you have any questions, do not hesitate to contact me.
Sincerely, //~
· Jeffrey S. Davis
Associ ate P1 anner
JSD:pef
CC:
Bill Huston, City Manager
Don Lamm, pireEtgr, Community Development
James RourKe, city Attorney
Jim Scott,
300 Centennial Way Tus~Californ~ 92680 · (71~ 544-8890
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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:
'I.
The City Council hereby finds and determines the following:
Re
That pursuant to Section 5~00 et. seq. of the Tusttn 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.
B. That the existing conditions of the property are as follows:*
The 11legal accumulation of waste material.
2. The t11egal storage of combustible materials.
The illegal operation of a used materials storage yard in
the downtown commerct al dt strict.
C. That recommended methods of abatement are as follows:
That the property owner cause to be removed all lumber,
plumbing fixtures, glass and other m~scellaneous items be
permenently removed from the property.
The City Council hereby authorizes a publtc hearing concerning the
property at 275 Main (AP# 401-585-01) to be conducted on May 20,1985.
PASSED AND ADOPI~D at a regular meeting of the Tustin City Counct], held on
the 15th day of April , 1985.
FRANK GREINKE, Mayor
Attest:
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §
CITY OF TUSTIN )
MARY E. WYNN, City Clerk and ex-officio Clerk of the City Council of the City of
Tustin, California, does hereby certify that the whole number of the members of
the City Council of the City of Tustin is five; that the above and foregoing
Resolution No. 85-35 was duly and regularly introduced, passed and adopted at a
regular meeting of the City Council held on the 15th day of ~ril~ 1985, by the
following vote:
AYES :
NOES :
ABSENT:
COUNCILPERSONS:
COUNCILPERSONS:
COUNCILPERSONS:
Edgar, Greinke, Hoesterey, Kennedy
None
Saltarelli
MARY E. WYNN,~>Ity Clerk(~
City of Tustib] Californi~a
TO:
FROM:
SUBJECT:
HONORABLE PAyOR AND CITY COUNCIL
COI~IUN[TY DEVELOPtIENT DEPARTtlENT
ABATEIIENT OF PUBLIC NUISANCE - 140 NORTH "A" STREET
BACKGROUND:
On April 15, 1985 the Council adopted Resolution No. 85-36 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 140 North "A"
Street 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:
1. Excessive and potentially hazardous weeds and overgrowth in the rear and
side yards creating a rodent harborage.
2. Storage of disabled or inoperable vehicle on premises.
3. Storage of miscellaneous items and debris in the front, side and rear
yards.
The property owner of record was notified by certified mail (receipt received)
and the property was posted with Resolution No. 85-36.
DISCUSSION:
A re-inspection of the site conducted on May 9, 1985 found that no improvement
to the property has been accomplished. All violations noted are still present.
The material stored block the entrance ways into the home, creating a hazard to
the inhabitants, and the adverse visual impact on the community is substantial.
City Council Report
140 North "A" Street
page two
RECOI~ENDED ACTION:
It is recommended that the Council open the public hearing concerning the
subject property and receive any public testimony. As a result of said
testimony and/or any other information made available, it is also recommended
that the Council determine that the conditions observed on the property at 140
North "A" Street constitute a public nuisance. Further, it is recommended that
the Council order the abatement of said nuisance by the adoption of Resolution
No. 85-49.
JD:do
attach:
Resolution No. 85-49
Formal Notification of Property Owner
Returned notice
Return receipt for Certified Mail
Community Development Department
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~.8
RESOLUTION NO. 85-49
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, DETERMINING THAT CERTAIN
CONDITIONS ON THE PROPERTY LOCATED AT 140 NORTH "A"
STREET (AP ~ 401-522-15) 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 resolves and determines as follows:
Ae
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. 85-36 was adopted
authorizing a public hearing for the purposes of determining if
conditions on the property at 140 North "A" Street (AP
#401-522-15) constitute a public nuisance.
Be
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.
Ce
That the conditions on the property noted in Section I.B. of
Resolution No. 85-36 are still present and are hereby determined
to constitute a public nuisance.
II.
The City Council hereby orders that the following actions be taken by
the property owner of the property located at 140 North A Street:
A. That all weeds and overgrowth of the vegetation be removed from
the property.
B. That all miscellaneous items and debris be removed from the
front, side and rear yards.
C. That the inoperable vehicle parked on the premises be removed.
De
That items contained in Section II of this Resolution must be
accomplished within 30 days from date of adoption.
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.
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Resolution No. 85-49
page two
Such personnel or persons under contract are, if the need arises,
expressly authorized to enter upon the premises known as 140 North
"A" Street for the purposes of abating the public nuisance. The
owner of said premises shaH 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 the
day of , 1985.
Attest:
FRANK H. GREINKE, Mayor
MARY E. WYNN, City Clerk