HomeMy WebLinkAboutCC RES 98-053RESOLUTION NO. 98-53
4
s
6
s
9
io
>>
12
13
14
Is
t6
v
Ix
19
zo
zl
zz
23
24
zs
26
z~
za
29
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, UPHOLDING THE PLANNING COMMISSION'S
DECISION THAT CERTAIN CONDITIONS ON THE PROPERTY AT
13151 RANCHWOOD CONSTITUTE A PUBLIC NUISANCE,
REQUIRING THE RENOVATION OF ALL DEAD OR MISSING
LANDSCAPING; AND ASSESSING ENFORCEMENT/ABATEMENT
COSTS TO THE PROPERTY OWNER.
The City Council of the City of Tustin does hereby resolve as follows
A. That a complaint was received on March 9, 1998 by the
Community Development Department regarding the condition of
the property located at 13151 Ranchwood Road. Staff inspected
the property on March 10, 1998 and found the front yard to be in
violation of Tustin City Code section 5502(m)(1) Landscape
Maintenance and section 5502 (b) Public Nuisance.
B. That on April 6, 1998 a Notice and Order of Public Nuisance
was mailed to the property owner requesting clean-up of the
property within (10) ten days of the notice. The notice also
explained appeal rights as provided by ordinance.
C. That on April 13, 1998, the property owner filed an appeal of the
Notice and Order.
D. That a public hearing was duly called, noticed and held for said
appeal on May 26, 1998 by the Planning Commission. The
Planning Commission adopted Resolution No. 3592 upholding
the code enforcement officer's decision that the property was a
public nuisance.
E. That on June 1, 1998, the property owner appealed the
Planning Commission's action.
F. That on June 2, 1998, the property owner initiated actions to
remove the conditions on the property. The overgrown
vegetation at the northerly side yard has not been abated and
the front yard area has not been replanted and constitutes a
public nuisance.
G. That on June 15, 1998, the City Council held a public hearing to
consider the appeal of Planning Commission Resolution No.
3592 and to consider assessing enforcement/abatement costs
to the property owner.
II. The City Council upholds the Planning Commission decision that a
public nuisance exists on the property and hereby orders that the
following actions be taken by the property owner of the property
Resolution No. ~3
Page 2
2
3
4
5
6
8
9
to
n
12
13
14
Is
16
17
Is
19
20
zl
22
23
24
25
26
z~
2s
29
located at 13151 Ranchwood Road within the noted days of the date of
the City Council's action:
A. That all vegetation, roots, tree/plant stumps, debris, etc. on the
entire site shall be removed within 15 days of the Council's
action.
B. The front yard or any lawn areas visible from any public way
and surrounding properties shall be re-landscaped and an
irrigation system installed within 30 days of the Council action.
Once replanted, the properly shall be properly maintained such
that they are evenly cut, evenly edged, free of bare or brown
spots, free of debris, stumps and weeds above the level of the
lawn. All planted areas other than lawns shall be free of weeds,
dead vegetation and debris. Any trees and shrubs shall be
trimmed so they do not impede pedestrian traffic along the
public sidewalk or intrude into neighboring property or have
droppings or create other nuisances to neighboring property.
Any trees shall be root pruned to eliminate exposed surface
roots and damage to sidewalks, driveways and structures.
C. The property shall be maintained in a manner that is consistent
with the standards of the neighborhood and so as to avoid the
reasonable determination of a duly authorized official of the City
that a public nuisance has been created by the absence of
adequate maintenance, or that such a condition of deterioration
is materially detrimental to property values or improvements
within the boundaries of the Bellewick-Ranchwood Homeowners
Association.
D. That the property owner shall pay $3,707.17, the costs of
abatement/enforcement within 30 days. Failure to pay these
costs shall result in a lien being placed on the property by the
City of Tustin.
III. The City Council hereby directs that if the order to abate the public
nuisance conditions identified in Section II of the Resolution, have not
been completed within the time frame allotted, the City shall cause the
same to be abated by City personnel or private contract. The owner of
the property at 13151 Ranchwood Road shall be responsible to the
City for the cost of enforcement/abatement incurred to date and for
those costs subsequently incurred if the City must contract for
completing the vegetation removal, planting and installation of an
irrigation system.
y
2
3
4
5
6
a
9
to
i
lz
13
14
15
16
17
is
19
20
2t
zz
23
24
2s
z6
n
za
29
Resolution No. .i3
Page 3
PASSED AND ADOPTED by the City Council at a regular meeting held on
the 15th day of June, 1998.
/ ~ ~ a[^~
THOMAS R. S TARELLI
Mayor
PAMELA STOKER
City Clerk
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
CERTIFICATION FOR RESOLUTION NO. 98-53
PAMELA STOKER, 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 5; that the above and foregoing
Resolution No. 98-53 was duly and regularly introduced, passed, and adopted
at a regular meeting of the Tustin City Council, held on the 15th day of June,
1998.
COUNCILMEMBER AYES: SALATARELLI, WORLEY, DOYLE, POTTS, THOMAS
COUNCILMEMBER NOES: NorrE
COUNCILMEMBER ABSTAINED: rrorrE
COUNCILMEMBER ABSENT: NorrE
PAMELA STOKER
City Clerk