HomeMy WebLinkAboutPH 1 PUBLIC NUISANCE 07-01-85AGENDA
NO.
~ 7-1-85
Inter- Corn
TO:
FROM:
S U BJ ECT:
HONORABLE MAYOR AND CITY COUNCIL
COre, UNITY DEVELOPHENT DEPARI'~ENT
CONTINUED CONSIDERATION OF PUBLIC NUISANCE ANATE~ENT
AT 1S5 )lAIN STREET
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BACKGROUND:
On May 20, 1985 staff brought the subject property to Council's attention for
consideration of declaring a public nuisance. Declaration as a public nuisance
would therefore have required the property owner and lessee to remove the
illegal materials storage business and its associated debris. At the business
owner's request, Council continued the public hearing for 30 days to allow
compliance with city codes.
DISCUSSION:
The business owner, Mr. James Scott, testified at the Council's hearing that he
has operated his scrap materials business from the subject property for eight
years and has never been ordered to terminate the business. In fact, this
property has been the subject of numerous code violations for years including
illegal outdoor storage and the operation of a business without a license.
However, until Mr. Scott admitted operation of the business the city did not
have adequate evidence to prosecute this violation of the municipal code. Mr.
Scott further testified that the problem would be resolved in two or three
weeks.
In addition to the historical problems associated with this property, no effort
has been made in the past 30 days to either clean the premises, remove outdoor
materials storage or even attempt to obtain a business license. Additionally,
materials have been added to the site in full view of the city zoning
inspector. Since the business owner does not appear cooperative there are few
alternative other than enforcement of the municipal code.
City Council Report
Public Nuisance
page two
RECOHiqENDATXO#:
Staff recommends Council adopt Resolution No. 85-48 declaring 155 Main Street a
public nuisance and ordering immediate termination of the illegal business and
removal of all material storage from the property. Secondly, staff seeks
authorization to file a misdemeanor complaint against the business and property
owner as deemed appropriate by the City Attorney, should compliance not be
obtained by August 1, 1985.
~)I)I~ALD D. LAMM, k)
Director of Community Development
DDL:do
attach:
staff report dated May 20, 1985
Resolution No. 85-48
Community Development Department
CAT~ May 20, 1985
iL
TO:
FROM:
SUBJECT:
HONORABLE HAYOR ANO CITY COUNCIL
COI~UNII'/ DEVELOPI~NT DEpART#ENT
ABATEMENT OF PUBLIC NUISANCE - ~ HAIN
STREET
BACICGROUND:
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:
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3.
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.
R£CO~4ENOED 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~Tder the abatement of said nuisance by the adoption of Resolution No.
.~DAVIS,
Associate Planner
JD:do
C~
April 16, 1985
CERTIFIED MAIL
Mr. Martin Perfit
366 S. Hudson
Los Angeles, Ca. 90020
SUBdECT: INITIATION OF ABATEl~NT OF PUBLIC NUISANCE PROCEEDINGS FOR
PROPER'Fl LOCATE]) AT 275 HAIN STREET (APt 401-585-01)
Dear Mr. Perfit:
On Monday, April i4, 1985, the Tusttn 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.
Sinc.rely, w~
Jeffrey S. Davis
Associate Planner
JSD:pef
Bill Huston, City Manager
Don La_mm, pi re~r, Community Development
James ~ourKe, ul:y Attorney
Jim Scott,
300 Centennial Way · Tusa~ C~iforna 92680 ,.(714) 5~I $890
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R£$OLUT~O# ~0. 85-35
A RE$OLUTTON OF T~E CITY COUNCIL OF TH£ CITY OF
TUST~N, CALIFORNIA, DECLARING T~E IN'~NTION TO
CONDUCT A PUBLIC HEARING 1'0 ASC£RTAIN WHETH£R T~£
COHDIT~0N OF 'r}l£ PROPERTY LOCATI~D AT 275 MAIN
(AP# 401-585-01) CONSTITIJTE$ A PUBLIC NUISANCE
The CIty Counct1 of l~e Ct~-/ of Tustln hereby resolves as follows:
'I. The C1%7. Counct1 .hereby ftnds and datelines l~e following:
A. That pursuant ~o Sectton 5~00 et. seq. of t~e Tusttn Ct~y Code,
and based upon l~e mcommonda~lon of l~e Dtmcto~ of Co,~untCy
Development', a publfc hea~ng should ~ conduced ~ ~ne
~he~er or not ~e condt[~on of ~e proper~ loca~ =C 257 ~aJn
(AP~ ~1-585-01) cons~t~s ~ public nuJsance.
8. That ~e extsttng conditions of l~e proper~'~/ am as follows: '
The Illegal accumulation of was%a ms,aria1.
2. The 11legal s~or~ge of combustible nutertals.
3. The tllegal opemtton of ~ used ma~e~lals s~orage yard tn
~e downtown commorctal
C. That reco...ended me~hods of aba'cement am as follows:
[. That ~e properS7 owner cause ~o be removed all lumber,
plumbJng fixtures, glass .and other miscellaneous t~ems be
pem~nefltly ~mov~ from ~e properS.
[[, The CtW Council hemW &u~orizes a pu~llc hearing concerntn~ the
prope~ at 275 Main (AP# 401-585-01) to be conduced on ~ay 20,1985.
PASSED A~D AOOP1T. D &t = mgu~a~ ~et~ng of ~e Tusttn CtW Council, he~ on
~e 15~h day of Ap~ , 1985.
~ANK ~INKE, Mayor
Attest:
Mart Wynn, L~t :Y Clerk ~
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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 155 MAIN
STREET {AP # 401-585-01) 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 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. 85-35 was adopted
authorizing a public hearing for the purposes of determining if
conditions on the property at 155 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 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. 85-35 are still present and are hereby determined
to constitute a public nuisance.
De
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 155 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.
B. 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 155 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 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