HomeMy WebLinkAboutCC Res 5186 2003-11-10
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RESOLUTION NUMBER~b
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEAL BEACH DECLARING A
PUBLIC NUISANCE AT III 13TH STREET
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE:
Section 1. The residence at III 13lh Street (thc "subject property")
located in a Residential High Density zone IS In violation of both the Scal Beach
Municipal Code (the "Code") and the California Health and Safety Code. The property
contains a two-story structure, comprised of three units, owned by Robert Russill. Mr.
Russill lives on the second story m a one-bedroom unit, Other tenants rent the first story
-a two-bedroom spacc, studio and storage room. The subJect property is rcplete With
substandard structural conditions and other conditions inllTIlcal to public health and
safety. The upper story balcony has weakened due to moisture damage and the roof of
the storage room has rotted due to leaks. Defective waste lines discharge untreated
scwage onto the public right of way. EIectncal conductors and the water heater need to
be replaced. Propane tanks are stored next to the storagc room. Debris and combustiblc
materials are strewn all over the subJect property. Roofing work has been performed on
thc structw'C without permits.
Section 2. The City's attempts to contact the owner of the subject
property, Robert Russill, and corrcct the VIOlations have bcen unsuccessful. First, on
Novcmber 14, 200I,ooMac Cummins, the Assistant Planner, sent Mr. Russill a letter
requestmg an appbmtnient to in:spect the interior of the property, providing notice of the
subject propcrty's deficiencies. \David Sturgill, the Code Enforccment SpeCialist,
conducted a site inspection on Feb~uary 18, 2002, obscrving roofing work performed
without pennits, broken windows and general dilapidation. Later, in March 2002, Mr.
Sturgill attempted to schedule an inspection, issuing Mr. Russill a second notlcc and
deadline of March 14,2002. On March 14, 2002, Mr. Sturgill sent Mr. Russill a Final
Notlcc to schedule, ~ jn~pe~j( Concurrently, Mr. Sturgill called and visited the
property, speaking to~tenants regarding Mr. Russill's whereabouts. Eventually, Mr.
Sturgill inspected the property on Apnl 30, 2002, and found the property out of
compliance with several provIsions of the City Code and the Health and Safety Code.
Section 3.
The Seal Beach Municipal Code defincs a public nuisance
as follows:
"Public nuisance" shall mean anything which is inJunous to hcalth, or is
Indecent or offensive to the senses, or IS an obstruction to the free use of
property, so as to Intcrfcre with the comfortablc cnJoyment of life or
property by a nClghborhood or by any conSiderable number of persons in
thc City irrespective of whethcr the annoyance of damage inflicted upon
indiViduals is unequal."
California Civil Code ScctlOn 3494 authorizes the city to abate the pubhc nuisancc:
"A public nuisance may be abated by any public body or officer
authorized thcreto by law."
Section 4. The dangerous condition of the subJect property IS a threat
and injurious to the public hcalth, safety and welfare and constitutes a public nUlsancc per
se. The Seal Bcach Municipal Code Section 14-9 and Healtll and Safety Code Sections
5410 and 13104.5 prohibit substandard or dangerous condItions of property. The subject
property suffers from electrical, sewage and structural problems The presence of
exposed containers of propane and other combustible matcnals pose hazardous
conditions. In addition, Codc Scctions 14-9 and 10-25 and Health and Safcty Code
Resolution Number JV~~
Section 14875 prohibit thc presence of weeds, Finally, the Code prohibits work
performed Without first obtaining a pemut.
Section 5. Based upon the foregoing, and based upon the rccord,
mcluding but not hmited to the staff repOlt and public testnnony, the Council hereby
finds and dcclares that the subJcct property is a nUisance.
PASSED, APPROVED AND ADOPTE~y the City cO'7Jd;;:.i;;;; Seal
Beach at a mccting thercof held on the /() _ day of ,
2003 by th6 followmg vote:
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NOES:
Councilmcmbers
AYES:
Councilmemb
ABSENT:
Counclimembers
ABSTAIN:
'/JtfiIj;~1J~6 ~ lMfA ~ IJ~
Mayor
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
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I, Joanne M. Yeo, City Clerk of the City of Seal Beach, Cahfomia, do pJ;}lby certify that the
foregoing resolution is the original copy of ResolutIOn Number $6fJt:1 on file in the
office of the City Clerk, passed, approved and adoptcd by the City Coun~ of the City of
Seal ~ at t,Ilg, meeting thereof held on the /tJ - day of
oJ..( ~~1:A . 2003.
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