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HomeMy WebLinkAboutCC AG PKT 2012-03-12 - Nuisance Abatement HearingDATE: TO: THRU: FROM: AGENDA STAFF REPORT March 12, 2012 Honorable Mayor and City Council Jill R. Ingram, City Manager Sean P. Crumby, Assistant City Manager /Public Works SUBJECT: RECREATIONAL VEHICLE PARKED IN THE DRIVEWAY AT 4588 DOGWOOD AVENUE IN VIOLATION OF THE SEAL BEACH MUNICIPAL CODE PUBLIC HEARING RE: NUISANCE AND ABATEMENT SUMMARY OF REQUEST: Staff recommends that the City Council adopt Resolution No. 6237 declaring that the recreational vehicle parked in the driveway at 4588 Dogwood Avenue in violation of the Seal Beach Municipal Code constitutes a public nuisance and ordering its abatement. BACKGROUND AND ANALYSIS: After receiving complaints that a recreational vehicle ( "RV ") has been parked illegally in the driveway at the single family residence located at 4588 Dogwood in the City, City code enforcement staff issued three citations to Tommy Goodwin, the owner of the property. Mr. Goodwin appealed the first $100 citation that was issued to him on September 26, 2011. In accordance with the requirements of the Seal Beach Municipal Code, the City provided an appeal hearing on November 29, 2011, before an independent hearing officer. During the hearing, Administrative Law Judge Vallera J. Johnson, State of California Office of Administrative Hearings heard argument and evidence from Mr. Goodwin and legal counsel representing the City. Mr. Goodwin argued that he was entitled to an exemption from the Municipal Code because the RV can be used as an emergency vehicle for the community. On December 6, 2011, the judge issued a written decision, finding: 1) no exemption exists in the Municipal Code that would allow Mr. Goodwin to park the RV in a manner contrary to the Municipal Code; and 2) Mr. Goodwin violated section 11.4.05.100(0)(2)(a) and (b). Accordingly, the City's citation and fine were upheld. Even after the Administrative Law Judge issued a decision finding Mr. Goodwin violated the municipal code, Mr. Goodwin continues to park his RV in his driveway in violation of the code. To obtain compliance from Mr. Goodwin, the City has begun citing Mr. Goodwin again. To date, Mr. Goodwin has refused to park his RV in compliance with the code. Staff recommends that the City proceed with abatement. PUBLIC NUISANCE ABATEMENT: Seal Beach Municipal Code Section 7.35.010.A states: "A public nuisance is any violation of this code or anything which is injurious to health, indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property by a neighborhood or by a considerable number of persons, even where the annoyance or damage inflicted upon individuals is unequal. The City Council shall have the power to declare by resolution that any particular act or condition constitutes a public nuisance." (Emphasis added.) The independent hearing officer has determined that Mr. Goodwin violated Seal Beach Municipal Code subsections (a) and (b) of Section 11.4.05.100(0)(2). California Civil Code Section 3494 authorizes cities to abate public nuisances: "A public nuisance may be abated by any public body or officer authorized thereto by law." Applicable law requires that prior to depriving anyone of property, the public entity must provide the property owner adequate notice of the nature of the alleged nuisance and a meaningful opportunity to respond to the charges against him. Attached hereto is a copy of the notice that was provided to Mr. Goodwin. At the public hearing, the City will provide Mr. Goodwin an opportunity to present evidence and to cross examine witnesses. At the conclusion of the hearing, the City Council has the option of adopting the draft resolution or not adopting it. In the event the Council adopts the Resolution, and Mr. Goodwin does not comply with the Order to Abate, the City may involuntarily abate the nuisance (SBMC Section 7.40.030). In order to involuntarily abate a nuisance, the City must obtain an abatement warrant from the court. The warrant will authorize the City to enter onto private property, if necessary, and carry out the abatement of the nuisance. ENVIRONMENTAL IMPACT: There will be no new environmental impact associated with supporting the petition. Page 2 LEGAL ANALYSIS: The City Attorney has reviewed and approved as to form. FINANCIAL IMPACT: As noted in the resolution, the City may recover the costs of involuntary abatement, including attorney's fees, from the property owner pursuant to Section 7.40.010. RECOMMENDATION: City Council adopt Resolution No. 6237. SUBM TTED BY: NOTED AND APPROVED: Sean P. Crum •y Assistant City Manager /Public Works ill,�t. Ingram, City ager Attachments: A. Resolution No. 6237 B. Copies of Citations C. Opinion of Administrative Law Judge D. Notice Page 3 RESOLUTION NUMBER 6237 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL DECLARING THAT THE RECREATIONAL VEHICLE PARKED IN THE DRIVEWAY AT 4588 DOGWOOD AVENUE, SEAL BEACH IN VIOLATION OF SEAL BEACH MUNICIPAL CODE SECTION 11.4.05.100(0)(2) CONSTITUTES A PUBLIC NUISANCE AND ORDERING ITS ABATEMENT THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. On March 12, 2012, the City Council for the City of Seal Beach ( "City ") held a duly noticed public hearing to consider whether the illegal parking of a recreational vehicle ( "RV ") in the driveway at the single family residence located at 4588 Dogwood in the City constitutes a public nuisance. Notice was provided to the owner of the property and posted at City Hall and a public library. Section 2. The owner was provided an opportunity to present evidence and cross examine witnesses. The City presented evidence supporting a finding that a nuisance exists at the above - described property. Section 3. Based upon the evidence presented, the City Council hereby finds: A. After receiving complaints that a recreational vehicle ( "RV ") has been parked illegally in the driveway at the single family residence located at 4588 Dogwood in the City, City code enforcement staff issued three citations to Tommy Goodwin, the owner of the property. B. Mr. Goodwin appealed the first $100 citation that was issued to him on September 26, 2011. In accordance with the requirements of the Seal Beach Municipal Code, the City provided an appeal hearing on November 29, 2011, before an independent hearing officer. C. During the hearing, Administrative Law Judge Vallera J. Johnson, State of California Office of Administrative Hearings heard argument and evidence from Mr. Goodwin and legal counsel representing the City. D. On December 6, 2011, the judge issued a written decision with the following findings: 1) The storage and parking of Mr. Goodwin's RV in his driveway violate the municipal code; 2) no exemption exists in the Municipal Code that would allow him to park the RV in a manner contrary to the Municipal Code so that it may be used as an emergency vehicle for the community; and 3) Mr. Goodwin violated subsections (a) and (b) of Seal Beach Municipal Code Section 11.4.05.100(0)(2). Accordingly, the City's citation and fine were upheld. E. City staff has attempted on many occasions to obtain voluntary compliance with the Municipal Code. However, Mr. Goodwin has continued to park his RV in violation of the municipal code, and has not paid his administrative fines. Staff has issued additional citations. F. Seal Beach Municipal Code Section 7.35.010.A states: "A public nuisance is any violation of this code or anything which is injurious to health, indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property by a neighborhood or by a considerable number of persons, even where the annoyance or damage inflicted upon individuals is unequal. The city council shall have the power to declare by resolution that any particular act or condition constitutes a public nuisance." (Emphasis added.) G. California Civil Code Section 3494 authorizes cities to abate public nuisances: "A public nuisance may be abated by any public body or officer authorized thereto by law." H. Pursuant to Municipal Code Section 7.40.010B, the City has notified Mr. Goodwin that it has elected to seek recovery of its own costs and attorneys' fees incurred in connection with this proceeding or abatement. Section 4. Based upon the foregoing, and based upon the record, including but not limited to the staff report, exhibits thereto and public testimony, the Council hereby finds and declares that the subject property is a nuisance. Section 5. Based upon the foregoing, and based upon the record, including but not limited to the staff report exhibits thereto and public testimony, the Council hereby orders the nuisance to be abated. Section 6. The City Council hereby directs staff to serve the property owner with a written Notice to Abate a Public Nuisance in a form approved by the City Attorney. PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 12th day of March, 2012 by the following vote: AYES: Council Members: NOES: Council Members: ABSENT: Council Members: ABSTAIN: Council Members: Mayor ATTEST: City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution Number 6237 on file in the office of the City Clerk, passed, approved, and adopted by the Seal Beach City Council at a regular meeting held on the 12th day of March, 2012. City Clerk IL CITY OF SEAL BEACH ADMINISTRATIVE CITATION No. 044 DATE i,b /..,, J, TIME 9; :) ..„,,,,,.k.„3, (• LOCATION VIOLATION(S) • -. 4 /.5 C 1(5? , 6 ,..,4 A.1 44 61.4 ) P. /rf • Business Owner KProperty Owner . • Tenant • Other • NAME (First, Middle, Last) --r` .:;,•,.."4r7 . 2 ,,• f � x6..:•.f a RESIDENCE OR MAILING ADDRESS . 47/5-00 io Gi .`� ,,iid - si z.; /ice JC , CITY (57.....e7 /, ee .. /, �; ST 0, fl ZIP ex..) �7' - L1 BUSINESS: DRIVER'S LICENSE STATE CLASS DATE OF BIRTH MUNICIPAL CODE VIOLATION Id PENALTY 9180..110 2nd raFALTY 8280.60 3rd rENALTY 9500.00 1 SBMC 211.40101 LACK OF LANDSCAPING • Business Owner R Property Owner • Tenant • Other NAME (First. Middle, Last) '? ./ .,,:.; 07.7/,. •' 4, L3 t;7 , ,, 4 i. j• -:l 2 SBMC za -IamB PROHIBITED SIGNS -- --_ -_- = _ == • 3 SBMC 28 -1801 C TEMPORARY BANNERS 4 SBMC 28 -11102 SIGN PERMIT REP UIRED ©E= SION PERMIT RE • UIRED ON UNPAVED 6 SBMC 5.10., , A UIIRFACL• BUSINESS OUSINEi95 LICENSE REQUIRED 7 SBMC 6.20.200 PLACEMENT & REMOVAL OF TRASH CONTAINERS 11 SBMC 735.010 PUBLIC NUISANCES PROHIBITED -i -i- 9 SBMC 735AIIX8)(6) PROPERTY EN'[' ON PUBLIC PROPERTY _-- SBMC 7.75010 . 10 SBMC 735.010(B 7 a TRASH. DEBRIS, ETC. • 11 SBMC • 735.010(Bx70) OVERGROWN, DECAYED, DEAD HAZARDOUS VEGETATION 10 SBMC 735.010(BK7 a) TRASH. DEBRIS, ETC. 12 SBMC 7.50.015 SPECIAL EVENT PERMIT REQUIRED - - __- iii_IO -- -- a EgEzzarm STORAGE OF VEHICLES ON STREET 14 SBMC 9.20.010 STORMWATER/URBAN RUNOFF KM SBMC 9.60.020 BUILDING PERMIT 16 •j3 Fyyr. £•�° � Kr jRPP,U,IRED "� 61, R�; <96 C ed . . GF RE , . STORMWATER/URBAN RUNOFF 17 / '1. 0 .s- . / 2s',.0 15 BUILDING PERMIT • • UIRED ' 18 feC c3 d 1'Y11'0 f ./ fif t. C.C..,.5 `' r9•"!-'` 16 / 1 i. "li(^, ! / 1161M11171rAMERIMI SIGNAAT•�URE el' [ ,/�j , ` }J ' � j� ,,C �C • 'j /' /� ,. CORRECT /ON- -RREQ''}D (// J•.. )/� 1,7,--- • F A x -`l( / ,fT.iC.! ! �,r. l.,• P �'�' �' ?�''G`': �4nSr. 1..�.aP! ,P' f%(, _ w4+ TYPE OF SERVICE 0 Personal Ejylitail 0 Posted on Property CITY ENFORCEMEM OFFICIAL'S SIGNATURE �^• j . ' 1, ,,C, /1 6' . fENA , U 1' Be PAID WITHIN (30) DAYS . MAIL PENALTY, PAYABLE CITY OF SEAL BEACH TO: Finance Department • City of Seal Beach • • 2118 ' Street Seal Beach, California 90740 IMPORTANT ' You have been charged with one or more INFORMATION violations of the City of Seal Beach Municipal Code (SBMC) • NOTE: Each day that the violation continues constitutes a separate violation and may result in additional administrative citations -with increasing fines payable to the City of Seal Beach See Reverse Side of Citation For Further Instructions White — Recipient Yellow — Officer Pink - Finance CITY OF SEAL BEACH ADMINISTRATIVE CITATION No. 9 0 4 DATE ft ., 4:— / ! TIME 4/..• .6 •,•� LOCATION OF VIOLATION(S) • ._. 4 : ,f§ R i>,S) j l ( 2C ' t. .� • Business Owner R Property Owner • Tenant • Other NAME (First. Middle, Last) '? ./ .,,:.; 07.7/,. •' 4, L3 t;7 , ,, 4 i. j• -:l RESIDENCE OR MAILING ADDRESS '-°' 5 e €9. r..- /i, 0 t,,7 / �'�� - 2 ST a 'f ZIP (7 t n BUSINESS: DRIVER'S LICENSE STATE CLASS DATE OF BIRTH Its relALTT MUNICIPAL CODE VIOLATION SIN*" tad relIALTY 9200.00 3rd raNALTY 6500.60 I LACK OF LANDSCAPING 1111 2 SBMC 28 -I1101 B) PROHIBITED SIGNS _-- 3 SBMC 28.1801 C TEMPORARY BANNERS iii SION PERMIT RE • UIRED - -- © SBMC 28- 2209(0) PARKING ON UNPAVED SURFACE - _-- -- 6 SBMC 3.10.050 A) BUSINESS LICENSE REQUIRED 7 SBMC 6.20.200 PLACEMENT & REMOVAL OF TRASH CONTAINERS 8 SBMC 7.75010 PUBLIC NUISANCES ED = == 9 SBMC 7.35.OI0(B)(6) ENCROACHMENT ON PUBLIC PUBLIC PROPERTY 10 SBMC 735.010(BK7 a) TRASH. DEBRIS, ETC. 11 SBMC 735.01003N7kh) OVERGROWN, DECAYED, DEAD IAZARDOUS VEGETATION iii ®1=124=11. SPECIAL EVENT PERMIT REP UIRED - i® SBMC 8.15025 STORAGE OI:'VEHICLES ON STREET - RE SBMC 9.20.010 STORMWATER/URBAN RUNOFF 15 SBMC 9.60.020 BUILDING PERMIT • • UIRED ' Ens 16 / 1 i. "li(^, ! / 1161M11171rAMERIMI ginral_ 17 IR aRe J,/ e IiiiiENZEMERigilMEZESERI �l,r ;, 0.i^'. Pe CORRECTION ' ', % •- • f/� y/e' jid 4 / /., r 7 /4 • yre 1 \''""''',y, If ,I J ' / ^J TYPE OFSERVICF. NCI Personal 'F Mai i.." ❑ Posted on Property CITY ENFORCEMENT , OFFICIAL'S SIGNATURE PENALTY MUST BE PAID WITEIIN (30).DAYS. MAIL PENALTY, PAYABLE CITY OF SEAL BEACH TO: Finance Department -r; City of Seal Beach .. 2118"' Street • -1.. Seal Beach, California 90740 IMPORTANT You have been charged with one or more INFORMATION violations of the City of Seal Beach Municipal Code (SBMC) NOTE: Each day that the violation continues constitutes a separate violation and may result in additional administrative citations with increasing fines payable to the City of Seal ., Beach See Reverse Side of Citation For Further Instructions Whiter,- Recipient • Yellow — Officer Pink - Finance DATE TIME LOCATION OF VIOLATION(S) - ,..9 (.f., ri 7 eil PC s..... • Business Owner a Property Owner • Tenant • Other NAME (First, Middle, Last) :::/x., c—/t' / 3 RESIDENCE OR MAILING ADDRESS ......, ‘45-- :. EirefillISMI_ sT p ZIP BUSINESS: DRIVER'S LICENSE STATE CLASS • DATE OF BIRTH bt "lad PENALTY PENALTY PENALTY MUNICIPAL CODE VIOLATION SHM-a° -5A10.13!-' $50100 EN EZNEE11 LACK OF LANDSCAPING 2 SBMC 2B-1801 0 PROHIBITED SIGNS 3 SBMC 234801 TEMPORARY BANNERS SBMC 28.1902 SIGN PERMIT R • UIRED 1111111. 5 PARKING ON UNPAVED SURFACE 6 SBMC 5.10.050(A) BUSINESS LICENSE REQUIRED • . 7 SBMC 6.20100 PLACEMENT & REMOVAL OF TRASH CONTAINERS SBMC 7.35.010 PUBLIC NUISANCES PROHIBITED 9 SBMC 735.011103)(6) ENCROACHMENT ON PUBUC PROPERTY 10 SBMC 7.35.010 ES a) TRASH. DEBRIS. ETC. I I SBMC 7.35.010(B)OK10 OVERGROWN, DECAYED. DEAD HAZARDOUS VEGETATION 12 SBMC 7.50.015 SPECIAL EVENT PERMIT ' • UIRED MEM MEI ENIIIMM=. ri Ell 10 SBMC 9.20.010 STORAGE OF VEHICLES ON STREET 111=1 STORMWATERJURBAN RUNOFF 1111.111.1.111 SBMC 9.60.020 NE= BUILDING PERMIT R e UIRED ' ift V. 0 S. C.) .0 ME13121 18 MEW° IMITIIIMIIINEM FORINIMINIEMIEWEININI CORRECTION REQ'D TYPE OF SERVICE 0 Personal '''. n Mail 0 Pcksied on Pmpeny CITY CNTGRCEMENT - '''.5s •--7 . OFFICIAL'S SIGNATURE / PENALTY MUST BE PAID WITHIN (30) DAYS MAIL PENALTY, PAYABLE CITY OF SEAL BEACH TO: Finance Department City of Seal Beach 211 Sth Street Seal Beach, California 90740 • IMPORTANT You have been charged with one or more INFORMATION - violations of the City of Seal Beach Municipal Code (SBMC) NOTE: Each day that the violation continues constitutes a separate violation and may result in additional administrative citations with increasing fines payable to the City of Seal Beach See Reverse Side of Citation For Further Instructions • SENDER: COMPLETE THIS SECTION • 06itiOlitfe it6iits1;'2, ; • item 4 if Restricted Deliveiy Is desfred •-• Print your nan*.and....addrdis:Ori tt.*revers.- so ".tPet we can the card to you I Attach this cO.d14#*.itiaCk*.thei• oi-ciriltei. front: if space ermits :.1...1s:cleiliterii**SAiifeitipitrixii:item 1? 0 Yes IfYES enter deilvory.*Idreii below 0 No sertIce tabRO.:: 7003 1010 0005 .0370 155 BEFORE THE CITY_ OF SEAL BEACH STATE OF CALIFORNIA In the Matter of the Citation Against: TOMMY GOOD WIN. Respondent. Case No. 2011 -CE067 OAH No. 2011110606 DECISION Administrative Law Judge Vallera J. Johnson, State of California, Office of Administrative Hearings, heard this matter in Seal Beach, California on November 28, 2011. Jennifer Petrusis, Esq., Richards, Watson & Gershon, represented Fernando Zarate, Code Enforcement Officer, City of Seal Beach. Respondent was present and represented himself. The matter was submitted on November 28, 2011. FACTUAL FINDINGS 1. Fernando Zarate (Zarate) issued Citation No. 1042, dated September 26, 2011, to Tommy Goodwin (Respondent), alleging a violation of Seal Beach Municipal Code section 11.4.05.100, subdivision (0)(2)(a) and (b), (Restrictions on Residential Parking) and imposed a fine of $100.00 in his official capacity as Code Enforcement Officer, City of Seal Beach. Respondent paid the fine and requested a hearing in a timely manner. 2. Respondent is the owner of a home, located in a residential community at 4588 Dogwood Avenue, Seal Beach, California. 3. Zarate explained that, as a code enforcement officer, he enforces the Seal Beach Municipal Code when there is a complaint. 4. On June 7, 2011, Zarate observed a recreational vehicle (RV) parked in the driveway, adjacent to the front yard of Respondent's residence, in view from the public 1 7!f roadway and adjoining properties. The RV was not within the side or rear yard behind the — front line of the residential unit screened behind a solid minimum 6 -foot high wall and/or gate. By letter, dated June 8, 2011, Zarate issued a Courtesy Notice for Code Violations at 4588 Dogwood, to Respondent. 5. On June 13, 2011, Zarate returned to the area and observed the RV parked in Respondent's driveway, adjacent to the front yard of Respondent's residence, in view from the public roadway and adjoining properties. The RV was not within the side or rear yard behind the front line of the residential unit screened behind a solid minimum 6 -foot high wall and /or gate. By letter, dated June 13, 2011, Zarate issued a Notice of Noncompliance for Code Violations at 4588 Dogwood Avenue, to Respondent. 6. Between June 13, 2011 and September 19, 2011, Respondent moved the RV and stored it at another location for at least 30 -days. 7. On September 20, 2011, Zarate returned to the area and observed the RV parked in Respondent's driveway, adjacent to the front yard of Respondent's residence, in view from the public roadway and adjoining properties. The RV was not within the side or rear yard behind the front line of the residential unit screened behind a solid minimum 6 -foot high wall and /or gate. By letter, dated September 20, 2011, Zarate issued a Notice of Noncompliance for Code Violations at 4588 Dogwood Avenue to Respondent. 8. On September 26, 2011, Zarate returned to the residential community and observed the RV parked in Respondent's driveway, adjacent to the front yard of Respondent's residence, in view from the public roadway and adjoining properties. The RV was not within the side or rear yard behind the front line of the residential unit screened behind a solid minimum 6 -foot high wall and /or gate. Zarate issued Citation No. 1042 to Respondent. 9. Zarate returned to the residential community in which Respondent's home is located on October 5, 2011 and November 23, 2011. The RV was parked in Respondent's driveway, adjacent to the front yard of Respondent's residence, in view from the public roadway and adjoining properties. The RV was not within the side or rear yard behind the front line of the residential unit screened behind a solid minimum 6 -foot high .wall or gate. 10. Respondent does not dispute the facts in Findings 4, 5, 6, 7 and 8, but he asserts that, despite the terms of Seal Beach Municipal Code section 11.4.05.100, he should be allowed to store the RV adjacent to his front yard for several reasons. o Respondent has volunteered to allow his RV to be used by the Civil Air Patrol, at a moment's notice. G In the event of a disaster or an emergency in the community, a community disaster response plan has been developed that includes Respondent's RV. 2 1A -Marcy of the necessary supplies are "stored iri Respondent's RV for this putpose. For the foregoing reasons, Respondent testified that it would be in the community's best interest to permit him to park the RV on his property rather than require him to store it at a location away from the community. Further, Respondent established that many, if not most of, his neighbors have no objection to the storage of the RV on his property. LEGAL CONCLUSIONS 1. Seal Beach Municipal Code section 11.4.05.100, subdivision (0)(2) states, in pertinent part: Recreational Vehicles and Boats. Recreational vehicles may be stored or parked within single -unit residential districts only as follows: a. Recreational vehicles and boats may be stored only within the side or rear yard behind the front line of the residential unit or, in the case of a corner parcel, behind the front or street side line; b. A solid, minimum 6 -foot high wall and/or gate shall screen recreational vehicles and boats from view from public roadway and from adjoining properties; 2. On September 26, 2011, Respondent's RV was not stored or parked within the side or rear yard behind the front line of Respondent's residence behind a solid minimum 6- foot high wall and /or gate. Respondent argues that an exemption should be granted to allow him to park the RV in a manner contrary to the terms of the Seal Beach Municipal Code so that it can be used as an emergency vehicle in the community. Despite this commendable motive, there is no exemption in the Seal Beach Municipal Code. 3. Respondent violated Seal Beach Municipal Code section 11.4.05.100, subdivision (0)(2)(a) and (b). There is no exemption to this municipal code. As such, issuance of Citation No. 1042 and imposition of the fine was reasonable. 3 ORDER 1. Imposition of Citation No. 1042 to Johnny Goodwin is affirmed. 2. Imposition of the fine of $100 is affirmed. DATED: December 6, 2011 VALLERA J. JOHNSON Administrative Law Judge Office of Administrative Hearings 4 DECLARATION OF SERVICE Case Name: Goodwin, Tommy OAH No.: 2011110606 I, Kathleen Browder, declare as follows: I am over 18 years of age and am not a party to this action. I am employed by the Office of Administrative Hearings. My business address is 1350 Front Street, Suite 3005, San Diego, CA 92101. On December 14, 2011, I served a copy of the following document(s) in the action entitled above: DECISION to each of the person(s) named below at the addresses listed after each name by the following method(s): Jennifer Petrusis Richards Watson Gershon 355 South Grand Ave., 40`x' Fl. Los Angeles, CA 90071 -3101 Via GSO Tr- 3 0 q. Is- Tommy Goodwin 4588 Dogwood Seal Beach, CA 90740 ® United States Mail. I enclosed the document(s) in a sealed envelope or package addressed to the person(s) at the address(es) listed above, and placed the envelope or package for collection and mailing, in accordance with the Office of Administrative Hearings' ordinary business practices, in San Diego, California. I am readily familiar with the Office of Administrative Hearings' practice for collecting and processing documents for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service in a sealed envelope or package with postage fully prepaid [ ❑ by certified mail]. ❑ Fax Transmission. I personally transmitted the above - described document(s) to the person(s) at the fax number(s) listed above, from fax machine number (619) 525 -4419, pursuant to Government Code section 11440.20 and California Code of Regulations, title 1, section 1008, subdivision (d). The fax transmission was reported as complete and without error. A copy of the transmission report showing the date and time of transmission, properly issued by the transmitting machine, is attached to this declaration of service. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. This declaration was executed at San Diego, California on December 14, 2011. Kathleen Browder, Declarant NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Seal Beach City Council will hold a public hearing on March 12, 2012 at 4:00 p.m. at Seal Beach City Hall located at 211 Eighth Street, Seal Beach, California to consider the following item: WHETHER THE RECREATIONAL VEHICLE PARKED IN THE DRIVEWAY AT 4588 DOGWOOD AVENUE, SEAL BEACH, CALIFORNIA IN VIOLATION OF SEAL BEACH MUNICIPAL CODE SECTION 11.4.05.100(0)(2) CONSTITUTES A PUBLIC NUISANCE A copy of the staff report will be available for review on the City's website (www.sealbeachca.qov) under the "City Government" tab) or at the Office of the City Clerk, City Hall, 211 Eighth Street, Seal Beach. Members of the public may provide comments prior to or at the public hearing. Written comments should be addressed to the City Council care of the City Clerk, City Hall, 211 Eighth Street, Seal Beach, California 90740. If the action is challenged in court, you may be limited to raising only those issues raised at the public hearing or in writing delivered to the City Clerk at or prior to the public hearing. For inquiries, contact Jerry Olivera at (562) 431 -2527 ext. 1316 or email: jolivera @sealbeachca.gov. DATED this 1St day of March, 2012. Linda Devine City Clerk ** *POSTED AT CITY HALL AND MARY WILSON LIBRARY * **