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HomeMy WebLinkAboutCC Res 5507 2006-10-23 RESOLUTION NUMBER 5507 A PRELIMINARY RESOLUTION OF THE CITY OF SEAL BEACH CITY COUNCIL DECLARING THE EXISTENCE OF A PUBLIC NUISANCE AT 109-117 OCEAN AVENUE AND ORDERING THE COMMENCEMENT OF ABATEMENT PROCEEDINGS I THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY FIND, ORDER AND RESOLVE AS FOLLOWS: Section 1. At a publicly noticed meeting on October 23, 2006, the City Council heard testimony and considered evidence regarding the condition of the property at 109-117 Ocean Avenue (the "subject property''). 1 Section 2. The subject property contains a two-story residential structure owned by Mr. Jolm Pelochino that has been vacant for approximately five years. The windows and doors of the house had been "boarded-up" with plywood and the property secured to protect residents, children and passers-by from injury. Recently, however, unknown individuals forcibly removed the boards and have begun to occupy the house, and enter the property throughout the night. Vandals, transients and suspected drug dealers have breached the plywood in several locations through forcible entry. There have been approximately 30 calls for police service for incidents occurring on the subject property included trespassing, illegal entry, and illegal drug activity. The police department believes that people have been entering the house for the purpose of using controlled substances and that the house may be a methamphetamine lab. Several trees and overgrown vegetation need removal or trimming. Debris and combustible materials are strewn all over the subject property. Stray animals, including raccoons, occupy the subject property. The building contains beehives and other potential hazards. Section 3. The City has notified the property owner by mail and telephone. The owner has expressed willingness to comply with the City's request for cleanup, demolition or renovation of the building. However, to protect the public health, safety and welfare, city involvement is needed to expedite abatement of the nuisance. Section 4. Seal Beach Municipal Code ("SBMC") ~ 7.35.01O.A defines public nuisance as: "Any violation of this Codc 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 any considerable number of persons, even where the annoyance or damage inflicted upon individuals is unequal." 'I Section 5. SB.)\1C'Cfiapter..7.40 and California Civil Code ~ 3494 authorize the City to abate public. nuisances. 'SBMC ~ 7.40.IOA provides that the owner is ~ responsible for abating the nuisance and all costs associated with the abatement, include without limitation costs assQciilted' with: inspection; investigation; boundary determination and fueasur~~rit; ,staff ti~e; processing; clerical and associated acts; attorney services; and costs to repair and eliminate all substandard conditions. SBMC ~ 7.40.10 B provides th~t the prevailing party in any action, administrative proceeding or special procedure to abate' a public nuisance pursuant to ~ 7.40.10 may recover its reasonable attorneys' fees in those individual actions or proceedings wherein the city elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorneys' fees. The City Council hereby elects to seek recovery of its attorneys' fees incurred in connection with this abatement procedure. Section 6. Based upon the foregoing, and based upon substantial evidence in the record, including but not limited to the staff report and public testimony, the Council hereby finds and declares that a nuisance exists at 109-117 Ocean A venue. The dangerous condition of the subject property is a threat and injurious to the public health, Resolution Number 5507 safety and welfare and constitutes a public nuisance per se (SBMC Chapters 7.35 and 7.40). The following conditions, both individually and cumulatively, constitute a nuisance: A. The presence of junk, trash, debris, building materials, substantial quantities of loose earth, rocks or pieces of concrete. SBMC ~ 7.35.01O.B.7.a. B. The presence of abandoned, discarded, unused or deteriorating materials, objects or equipment, including without limitation plywood, furniture, bedding, machinery, packing boxes, cans, containers or vehicles. SBMC ~ 7.35.01O.B.7.b. I C. The condition of the structure and landscaping, visible from the adjacent properties and street, which detrimentally affect the aesthetic and economic value of the properties in the immediate vicinity. SBMC ~ 7.35.010.B.7.d. D. The accumulation of combustible material. SBMC ~ 7.35.010.B.7.e. E. The partially destroyed or otherwise structurally unsound structure, or component thereof. SBMe ~ 7.35.010.B.7.f. F. Dirt, rubbish, weeds and rank growth. SBMC ~ 7.35.010.B.7.h. Section 7. The City Council hereby directs staff to serve the property owner and any occupants with a written Notice to Abate a Public Nuisance in a form approved by the City Attorney, in accordance with the provisions of Municipal Code Section 7.40.015. The notice shall specify a date and time for a hearing to provide an opportunity for the owner, occupants and any other interested party to testify before a hearing officer about the condition of the subject property. I ATTEST: ~~ Ci Clerk 41~;,( I STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SEAL BEACH ) I, Linda Devine, City Clerk of Seal Beach, California, do hereby certify that the foregoing resolution is the original copy of Resolution Number 5507 on file in the office of the City Clerk, passed, approved, and adopted by the City Council of the City of Seal Be~ch, at a ~~ meeting thereof held on the 23d day of October , 2006. ~~~ VW Ci y Clerk