HomeMy WebLinkAboutItem V 1 1'94
October 25 1999
STAFF REPORT
To: Honorable Mayor and Members of the,City Council
Attention: Keith R. Till, City Manager
From: Lee Whittenberg, Director of Development Services
Subject: PUBLIC HEARING - PUBLIC NUISANCE
DECLARATION - 112 8Th ST.
SUMMARY OF REQUEST
To declare the property at 112 8th St. to be a public nuisance through the adoption of
Resolution No. V76 X thereby setting in motion the formal proceedings to abate the public
nuisance.
DISCUSSION
This request of the Council comes after much staff time and involvement in trying to work
with the resident of the property and sending correspondence to the property owner. A brief
history of the situation to this point is as follows:
Staff first became aware thata problem existed in July of this year, after receiving several
'complaints regarding the condition of the exterior of the property and the trash & debris being
stored at the rear of the property. On July 28th, staff issued a letter to the property owner
explaining the public nuisance section of the Code and requesting that the trash and debris be
cleaned immediately. Staff further felt that the living conditions within the structure itself may
be unhealthy and uninhabitable due to the exterior deterioration of the residence. There were
many broken windows, the house seemed old and unkept, and the structure looked as if further
investigation may be needed. Staff requested permission to inspect the interior of the
residence.
Upon attempting to inspect the property on August 5th, 1999, Bill Mauldin (the resident at the
property) informed the Senior Building Inspector, Mr. Chuck Feenstra and the Assistant
AGENDA ITEM
C:1My Documents\Code Enforcement\112 8th Nuisance.City Council Staff Report.doc\LW\10-22-99
112 8th Street-Abatement of Public Nuisance
• City Council Staff Report
October 25, 1999
Planner, Mac Cummins, to come back on Monday, August 09, 1999 to inspect the property
and help him to understand what needed to be fixed on the property in order for it to be in
compliance with proper codes. Mr. Mauldin further informed staff that the property was part
of a large estate governed by his family and that we should deal with him as much as possible.
Upon his approval to enter the property and inspect, the Senior Building Inspector and the
assistant planner inspected the property on Monday August 9, 1999.
As detailed above, Mr. Mauldin allowed staff to enter the property to inspect for building and
safety concerns raised through the public nuisance abatement process. Staff was told that no
photos could be taken. Numerous violations were found in all areas, including but not limited
to, building structure and safety, electrical, plumbing, and general public nuisance. Examples
of these safety issues were open exposed wiring, no plumbing on the ground floor, open walls,
holes in the ceiling/flooring etc.
When staff met with Mr. Mauldin on Thursday August 5th, he informed us that the debris in
the yards would be completely cleaned by the August 09, 1999 meeting to inspect the
property. This was not the case, and there was still significant debris in the yard at the time of
the August 9th meeting. On August.10, 1999, staff issued a letter to the property owner (See
attachment) regarding what must be done to bring the property up to current code and be a
safe, healthy environment in which to live. Staff further requested to be able to view the areas
which we had not been granted access to, which included the kitchen and downstairs bedroom.
Mr. Bill Mauldin described those areas as "unsafe" and would not let us view them. Staff gave
the owner 30 days to make the necessary building improvements and allow the City to view
the areas not previously seen; staff also gave the owner 10 days to clean the property exterior
from trash and debris, which included the following:
❑ Storage locker in side yard
❑ Old Bar-B-Que
❑ Wire Spool
a . Gasoline Storage
❑ Non Functioning Automobiles/Automobiles without adequate parking
❑ Non Functioning Motorcycles/Motorcycles without adequate parking
❑ Wood &other miscellaneous debris
After the 30 day time period, nothing had been done, and all the above problems persisted.
About' this time, staff received the first contact from the property owner, Ms. Jean Fischer
Mauldin, who informed staff that she was living in Tuscon, Arizona and had not gotten any of
the mail that the City had been sending to her address in Santa Ana (Which islisted as the
property owner's address in the County Assessor's Tax Roll). She informed staff that she was
distraught over the apparent lack of maintenance at the property by her grandson (Mr. Bill
112 8th Nuisance.City Council Staff Report . 2
112 8th Street-Abatement of Public Nuisance
City Council Staff Report
October 25, 1999
Mauldin, the resident at the property). She further informed Staff that she was very old, and
wished that Staff deal directly with her son, Mr. Bruce Mauldin, who resides in Texas. Staff
agreed.
At this juncture, Mr. Bruce Mauldin made contact with Mr. Cummins and staff began to
explain the situation regarding what must be accomplished with the property. Bruce Mauldin
then informed staff that he would be coming to Southern California to deal with the problem,
and view the property with Mr. Cummins and Mr. Feenstra. Staff believed that this was
reasonable. However, after several weeks and multiple phone calls, no action was taken by
Bruce Mauldin to come to Southern California.
In late September, the water service to the property was turned off due to lack of payment for
several months. Staff informed the resident that he could not reside in the structure in its
current state and considering that there was no running water. Bill Mauldin did not vacate the
premises. Several complaints came to staff the Bill Mauldin was stealing water from nearby
neighbors.
Mr. Bruce Mauldin informed staff that his brother, Tim Mauldin (the resident's father) lived
locally and would grant Mr. Cummins & Mr. Feenstra access to the property to continue and
finalize the investigation. On the afternoon of September 29, 1999, Mr. Cummins & Mr.
Feenstra met with Tim Mauldin to inspect the property. Mr. Time Mauldin went into the
structure and returned outside 45 minutes later to inform Mr. Cummins & Mr. Feenstra that
they would not be granted access. Mr. Tim Mauldin informed staff that we "should do
whatever we need to do to get Bill out of there."
On that afternoon, after weighing all that had been seen within the structure, and given the
absence of running water, the Assistant Planner, Mac Cummins, decided to lock the building
down andinstructed the Sr. Building Official, Mr. Chuck Feenstra to board up the downstairs
windows and place locks on the front and rear.doors. (See declaration of intent, submitted as
an attachment) The public works department supplied several employees to help the building
inspector. Upon learning that the property was empty and uninhabited, the instruction to "Red
Tag" the building as unsafe and unhealthy was carried out that same afternoon, September 29,
1999.
On several occasions since this event, several members of the Mauldin family have thanked
various members of staff for their involvement in trying to secure the building and in the
handling of the situation regarding Bill. In addition, several surrounding neighbors have
expressed gratitude to staff for their handling of the situation. However, after many
conversations with Mr. Bruce Mauldin (Head of the estate), nothing yet has been done to
rectify the problems that exist within the structure, which is why the matter is before the City
Council.
112 8th Nuisance.City Council Staff Report 3
112 8th Street-Abatement of Public Nuisance
City Council Staff Report
October 25, 1999
The.Assistant Planner, Mac Cummins & the Senior Building Inspector, Chuck Feenstra,. again
inspected the structure on October 19, 1999. At this juncture, all of the debris (both inside and
out) had been cleared by the Mauldin family under the supervision of the Sr. Building
Inspector. A licensed contractor and a friend of the family also attended. For the first time,
staff was granted access to the entire structure. The kitchen was in completedisrepair and
major structural damage was evident as the center of the house has slipped-and is lower than
the outside by at least a few inches. It also became known to staff that the property has been
leaking sewage into the soil beneath the structure for an unspecified amount of time.
Based on the lack of evidence up until this point that the Mauldin's will move forward to fix
the property on their own, staff believes that the City must take action to declare the property a
public nuisance and set the framework in motion to abate the nuisance if nothing is done. Staff
believes that the owner has the best of intentions, but that as no action has been taken so far,
and given the fact that staff's own estimated repair costs seem out of reach, it is the
determination of staff to bring this item before the council for action.
LEGAL ISSUES
Staff has consulted the City attorney regarding this matter and the process, as per code, is as
follows: This declaration is the first step in the formal process to abate a public nuisance.
Section 14-9 declares the following will be considered a public nuisance:
o Any building or other structure, or any structural component thereof, whichis or are
partially destroyed or otherwise unsound;
❑ Any defective wiring, switches, gas lines, valves, pipes or any other component parts
of the electric, gas , water, or plumbing systems;
Section 14-10 of the City Code grants the City Council the power todeclare uninhabitable,
unsafe structures to be public nuisances by resolution. This request would do that.
Once the property and structure are declared a public nuisance, the owner would be required to
abate the public nuisance. The next step would be for the Director of Public Works to draft
and sign a "Notice to Abate Public Nuisance," as per section 14-13 of the Municipal Code. In
this notice, the property owner is instructed that a hearing will take place at a certain time,
conducted by the hearing officer, in the office of the Director of Public Works. If they do not
object to that notice, the City would have the right (at the end of the specified amount of time
to abate the public nuisance) to take action and place any costs incurred by the City as a lien
on the property. If they choose to come and make testimony to the hearing officer, a fording is
made by that person in the matter. If the property owner is not satisfied with the haring
112 8th Nuisance.City Council Staff Report 4
112 8`''Street-Abatement of Public Nuisance
City Council Staff Report
October 25, 1999
officer's_ decision, they may appeal to the City Council, who will make the final decision.
Failure to comply with a written order to abate a public nuisance constitutes a misdemeanor
criminal penalty.
FISCAL IMPACT
Minor. Allocation of staff resources to prepare appropriate staff reports and resolutions, and
processing of a public hearing before City Council.
RECOMMENDATION
Staff recommends the City Council, after hearing all relevant testimony, both oral and written,
declare the property to be a public nuisance, under the guidelines of the Municipal Code, and
adopt Resolution No. 574,V
•
NOTED AND APPROVED
I_� .77---
IWhittenberg, Director Keith R. Till
li evelopment Services Departmen City Manager
Attachments: (6) .
. 1. Proposed Resolution
2. Photos of exterior
3. All correspondence to property owner
4. Declaration of intent, Mac Cummins, Assistant Planner
5. Unpaid Water Bill
6. Code Sections
•
112 8th Nuisance.City Council Staff Report 5
Attachment 1
V
RESOLUTION NO.
A RESOLUT .e OF THE CITY \OUNCIL OF THE
CITY OF -AL BEACH, CALIFORNIA DECLARING
THE PR a PERTY LOCATED AT 112 ell ST. TO BE A
PUBL ,C NUISANCE.
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE:
WHEREAS,it i the intent of the City of Seal Beach o maintain a safe, healthy living
env ronment for the residents of the City of Sal Beach to live,
WHEREAS, theassistant planner and the senior bui(ling inspector inspected the property
located,at 112 8th St. on August 9, 1999 a/d October 19, 1999,
WHEREAS, the interi r of the residence on the property located at 112 8th St. has open
flooring, open exposed wiring, no %plumbing to the ground floor, no kitchen,
severe structural damage to the cefiter of the structure, and severe foundation
damage due to if\ding underneath/the property,
WHEREAS, the property has bee‘condem ed as unsafe, unhealthy, and uninhabitable since
September 29, 1999, under t authority of the assistant planner and carried out
by the senior building insp c or,
-.
WHEREAS, the property has been w'"h ut water services since September, being turned off
due to lack of payment, nd all other services turned off due to condemnation,
WHEREAS, the city has issued,'! itten correspondence to the property owner regarding this
matter.and no action has been taken on the part of the owner to rectify the
nuisance and bring the substandard structu;up to code,
i \
WHEREAS,the City of Seal Beach Municipal Code sets forth definitions and procedures to
define, declare and abate a public nuisance in Chapter 14 of the Municipal Code,
WHEREAS, the prope 1
commonly known as 112 8th St. is legallydefined as block 8, lot 12,
of the Bay City Tract, \
WHEREAS,the property located at 112 8th St. fits within the definition of\a public nuisance as
defined in Section 14-9 of the.Municipal Code,
4
WHEREAS,section 14-10 of the City of Seal Beach Municipal Code grants the City Council
the authority to declare by resolution that a public nuisance exists within the City.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Seal Beach
does hereby declare the property located at 112 8th St. to be a public nuisance.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach
at a meeting thereof held on the day of , 1999.
AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
Paul Yost, Mayor
ATTEST:
Joanne M. Yeo, City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH )
I, Joanne M. Yeo, City Clerk of the City of Seal Beach, California, do hereby certify that the
foregoing resolution is an original copy of Resolution Number on file in the Office of the
City Clerk, passed, approved and adopted by the City Council of the City of Seal Beach at a
meeting thereof held on the day of , 1999.
Joanne M. Yeo, City Clerk
City of Seal Beach
Attachment 2
,
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Attachment 3
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- CITY HALL • 211 EIGHTH STREET
SEAL BEACH, CALIFORNIA 90740-6379
(562) 431-2527
CERTIFIED MAIL NO. P 506 854 888- RETURN RECEIPT REQUESED
7/28/99
199-34-22
Mauldin Jean Fisher
1013 Elliot Place
Santa Ana, CA 92704
RE: 112 8th St. — NOTICE OF PUBLIC NUISANCE & ORDER TO ABATE
FIRST NOTICE
Dear Ms. Fisher,
The City of Seal Beach has received complaints regarding the condition of the property
located at 112 8th St., Seal Beach. The deterioration of the property has come to the point
that immediate action must be taken. Weeds have now grown to the point of being deemed
a fire hazard in the front, side and rear yards, in addition to being a public nuisance. Further,
debris of all kinds are being stored in the yards. These items include, but are not limited to,
motorcycles, furniture, automobiles, storage lockers, sinks & other fixtures, and
miscellaneous wood/building supplies. Further, in the past 3 years the police department
has responded to 13 incidents at this property. Upon asking to see the interior of the
building structure itself to check for building safety & other issues, city officials were denied
admittance. The city feels that the building may be unsafe.
At this juncture, the city is requiring that the foregoing problem be remedied and that the
property be cleaned and maintained. In addition, building officials are concerned that the
building may not be structurally sound and need to be granted access to check the interior
of the house for safety reasons. If measures are not taken to remedy this situation, the
house may be declared a public nuisance and appropriate measures will be taken to abate
the nuisance. The following are the code sections that your property is in violation of, along
with the section that details the city's ability to declare a public nuisance.
Section 14-9 states: "It is hereby declared to be a public nuisance and unlawful for any
person who owns, leases, occupies or otherwise has charge of any property in this City to
cause or to allow any condition thereon, or on an adjacent sidewalk, which unreasonably
increases the danger of fire or other calamity or which results in substantial detriment to the
property of others in the immediate vicinity thereof. Such conditions include but are not
limited to:
•
(a) The presence of junk; trash, debris, building materials, substantial quantities of
loose earth, rocks, or pieces of concrete;
(b) The presence of abandoned, discarded, unused or deteriorating materials,
objects, or equipment, including but not limited to furniture, bedding, machinery,
packing boxes, cans, containers, and vehicles on the property;
(d) Any fence, structure, or landscaping which is visible from any adjacentproperty,
street, road, highway, alley, or right of way, which may detrimentally affect-the
aesthetic and economic value of the property in the immediate vicinity;-.
(e) The accumulation of any kind of combustible material;
Further, section 16.1 of the Uniform Fire Code says that properties must (1) maintain an
effective fire break by removing and clearing away flammable vegetation and combustible
growth from areas within 30 feet of such buildings.
•
Section 14-10 of the City Of Seal Beach Municipal code states: "The City Council shall have •
the power to declare by ordinance or resolution that a particular act or condition other than
in addition to the foregoing constitutes a public nuisance which must be abated."
The City of Seal Beach is requiring that the property be cleaned°immediately. We further
request that building officials be allowed to conduct an inspection of the house_tocheck for
safety. The City will inspect the property on or shortly thereafter Tuesday, August 5, 1999,
to determine compliance. Failure to comply will result this matter being brought before the
City Council as a public nuisance for abatement.
Please call me at (562) 431-2527 extension 316 if you. have any questions or comments
regarding the requirements of this request, and to respond to our request for a structural -
inspection.
Sincerely,
•
Mac Cummins
Assistant Planner
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CERTIFIED MAIL #P 506 853 815 * RETURN RECEIPT REQUSTED
August 10, 1999
199-34-22 COPY
Jean Fisher Mauldin
1013 Elliot Place
Santa Ana, CA 92704
RE: 112—8th Street— NOTICE OF PUBLIC NUISANCE & ORDER TO ABATE
SECOND NOTICE— NOTICE FOLLOWING INSPECTION
Dear Ms. Mauldin:
On July 28, 1999, the City of Seal Beach sent you a letter detailing exterior problems
surrounding the property located at 112 8th Street in the City of Seal Beach. As the
property owner, you are legally responsible for the upkeep and maintenance of that
property. The above aforementioned letter documented that the City felt there might be
building and safety issues inside the structure itself and requested that our building
inspector be allowed entry to conduct an inspection. Upon attempting to inspect the
property on August 5, 1999, Bill Mauldin (the resident at the property) informed the
Senior Building Inspector and I that we could return on Monday, August 9, 1999 to
inspect the property and help him understandwhat needed to be fixed on the property
in order for it to be in compliance with proper codes. Mr. Mauldin further informed the
Senior Building Inspector and I that the property was part of a large estate governed by -
his family and that we should deal with him as much as possible. Upon his approval to
enter the property and inspect, the Senior Building Official and I inspected the property
on Monday, August 9, 1999:
This notice will serve as written documentation of the investigation carried out at 12:00
Noon on Monday, August 9, 1999 by Chuck Feenstra, Senior Building Inspector, and
myself, Assistant Planner. As detailed above, Mr. Mauldin allowed us to enter the
property to inspect for building and safety concerns raised,through the public nuisance
abatement process. We were told that no photos could be taken. We found numerous
violations in all areas, including but not limited to, building structure and safety,
electrical, plumbing, and general public nuisance. When we met with Mr. Mauldin on
Thursday, August 5, he informed us that the debris in the yards would be completely
cleaned by Monday, August 9, 1999 when we were scheduled to meet to
199-34-22
Jean Fisher Mauldin Page 2 August 10, 1999
inspect the property. This was not the case as there was still significant debris in the
yard at the time of our August 9 meeting. The results of our inspection and the items
requiring City compliance are detailed below.
Within 10 Days:
1. All yards must be cleaned of all debris. This debris includes, but is not limited to:
• Storage locker in side yard
• Old Bar-B-Que
• Wire Spool •
• Gasoline Storage
• Non-functioning Automobiles/Automobiles without adequate parking
• Non-functioning Motorcycles/Motorcycles without adequate parking
• Motorcycle parts and bicycle parts
• Wood and other miscellaneous debris
•
2. All weeds must be cut and trimmed, leaving the lawn and all landscaped areas in
such a fashion acceptable to the Senior Building Inspector and me, that said yards
are not a fire hazard or otherwise represent a public nuisance. '
The Following Must be Completed Within 30 Days:
These violations represent serious safety hazards to the residents/occupants that reside
within the structure located at 112 8th Street.
Windows
• All broken windows must be repaired and replaced with functional windows.
• Where there is open space'and a window should reside, a window must be installed.
• The window hole on the ocean side of the property that is currently being closed by
a mirror must be replaced with a window.
• Windows in bedrooms must be able to open for escape
Doors
• The rear door must be replaced with an acceptable door.
Ceilings/Walls/Floors
• All walls and ceilings within the structure itself that are open and exposed with no
stucco or drywall must be repaired and closed.
•
199-34-22
Jean Fisher Mauldin Page 3 August 10, 1999
• All sub-flooring is to be replaced as per the Uniform Building Code
Plumbing
As per our inspection, there is currently no plumbing to the kitchen or downstairs
bathroom. This represents a serious code violation. The following must be completed:
• All plumbing must be completed by a licensed contractor and inspected by the
Senior Building Inspector from the City of Seal Beach
• Toilet must be functional
• The bathtub must be functional •
• All fixtures must be repaired. These include, but are not limited to, faucets and the
showerhead.
Electrical
As per our inspection, several violations were seen in this area as well. Several
exposed "hot" wires were spotted in the structure. These violations represent serious
safety risks to all those in and around the structure. The following must be completed:
• The rear porch must be brought up to code. All exposed wires must be properly
repaired as per the National Electric Code
• Wiring to front bedroom must be brought up to current code and repaired so as to
not be exposed at the light switch
• Smoke detectors must be installed
• As a mandatory measure, an independent electrician must "ring out" the entire
house and report back to the Senior Building Inspector any and all problems
associated with the electrical wiring. The reasons for this include age and suspected
illegal wiring.
Other Areas to be Repaired
• Heater must be installed as per Building Code and Uniform Mechanical Code
• The stove is currently inoperable and must be made operable
• The stairs need a hand rail
In addition to these areas which we were able to observe, Mr. Mauldin would not allow
us to inspect the Kitchen area. I believe that there are other infractions within this area
equal to, or even more serious, than those detailed above.
All of the above infractions represent health and safety hazards to the residents that
reside at the structure located on the property at 112 8th Street and represent a public
• . -
199-34-22
Jean Fisher Mauldin Page 4 August 10, 1999
nuisance to the community. The City is requiring that immediate action be taken to
remedy any violations on the property. As detailed within this letter, the yards must be
cleaned within 10 days of the date of this letter, including all required landscaping. The
building and safety infractions must all be completed within 30 days of the date of this
letter. Failure to comply will result in the appropriate measures being taken to declare
this property a public nuisance and the appropriate abatement measures will be set in
motion.
A copy of this letter is also being delivered to Mr. Bill Mauldin at 112 8th St. in the City Of
Seal Beach.
If you have any questions regarding the requirements of this letter or what is expected
of you, please call me at (562) 431-2527, Ext. 316.
Sincerely,
Mac Cummins
Assistant Planner
•
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CERTIFIED MAIL NO. P 506 853 833- RETURN RECEIPT REQUESED
8/23/99
199-34-22
Mauldin Jean Fisher
1013 Elliot Place
Santa Ma, CA 92704
RE: 112 8th St.— NOTICE OF PUBLIC NUISANCE & ORDER TO ABATE
NOTICE OF NON-COMPLIANCE
Dear Ms. Fisher,
The City of Seal Beach has received complaints regarding the condition of the property
located at 112 8d',St., Seal Beach and has sent you two letters regarding what must be
done to abate the public nuisance. In the most recent letter, dated August 10"'of this month,
the City informed you that you would have 10 days to clean the yards of your property from
debris and other items to bring the property into conformance with the code. This has not
yet occurred. The City is requiring immediate compliance with these issues and would like to
remind you that the necessary improvements to the building structure itself must be made
within the 30 day period which started on August 10"', 1999. If these improvements are not
made to the satisfaction of the Senior Building Inspector and myself, the necessary steps
will be undertaken to determine your property to be a public nuisance.
Section 14-9 states: "It is hereby declared to be a public nuisance and unlawful for any
person who owns, leases, occupies or otherwise has charge of any property in this City to
cause or to allow any condition thereon, or on an adjacent sidewalk, which unreasonably
increases the danger of fire or other calamity or which results in substantial detriment to the
property of others in the immediate vicinity thereof. Such conditions include but are not
limited to:
(a) The presence of junk, trash, debris, building materials, substantial quantities of
loose earth, rocks, or pieces of concrete;
(b) The presence of abandoned, discarded, unused or deteriorating materials,
objects, or equipment, including but not limited to furniture, bedding, machinery,
packing boxes, cans, containers, and vehicles on the property;
.
(d) Any fence, structure, or landscaping which is visible from any adjacent property,
street, road, highway, alley, or right of way, which may detrimentally affect the
aesthetic and economic value of the property in the immediate vicinity;
(e) The accumulation of any kind of combustible material;
Further, section 16.1 of the Uniform Fire Code says that properties must (1) maintain an
effective fire break by removing and clearing away flammable vegetation and combustible
growth from areas within 30 feet of such buildings.
Section 14-10 of the City Of Seal Beach Municipal code states: The City Council shall have
the power to declare by ordinance or resolution that a particular act or condition other than
in addition to the foregoing constitutes a public nuisance which must be abated.'
The City of Seal Beach is requiring that the property be cleaned and the necessary
improvements be made to the building structure immediately.
Please call me at (562) 431-2527 extension 316 if you have any questions or comments
regarding the requirements of this request.
Sincerely,
Mac Cummins
Assistant Planner
Attachment 4
0 SEA( B
011 .17 yCFc�FR 2719
C°1/NT
CITY HALL • 211 EIGHTH STREET
SEAL BEACH, CALIFORNIA 90740-6379
• (562) 431-2527
Declaration of Intent
I, Mac Cummins, do hereby swear the following to be true and correct:
1. On the Afternoon of September 29, 1999, I, along with Mr. Chuck Feentra, met with Tim
Mauldin at the Property located at 112 eh St. at 1 PM to inspect the portions of the building
that we had not been granted access to and to take photos of the entire structure.
2. On Monday,August 9th, Mr. Feenstra and I inspected the property located at 112 8th St.,
under the permission of the occupant of the building, Mr. Bill Mauldin. During this
inspection, I personally Observed severe health and safety issues surrounding lack of
heating, no plumbing, open and exposed wiring, exposed walls and ceilings resulting in
structural damage, and unsanitary bathroom conditions.We were not granted access to the
entire building structure.
3. I issued a letter, dated August 10, 1999 to the property owner, Ms. Jean Mauldin detailing
the findings of that investigation and further requested access to the areas that we had not
been granted access to yet.
4. As of September 29, 1999, the City has not been granted access to the structure beyond
the initial visit of August 10, 1999.
5. As of September 29, 1999,the structure has no running water due to lack of payment of the
water bill for several months
6. I have personally taken several complaints regarding Mr. Mauldin stealing water from
neighbors
7. Under my authority, and do to the overwhelming majority of evidence that I have seen, I,
with the advice of the Senior Building Inspector, decided to declare the building
"uninhabitable"and place the "Red Tag."On the structure.The Senior Building Inspector
carried out that task, and further locked down the structure so no one could enter or exit.
He also nailed ply-wood to the structure covering all access points on the first floor, with
oxygen being provided to the structure through already open second floor windows.
Signed and Executed on September 29, 1999,
Ait,
Mac Cummins
Assistant Planner
City of Seal Beach
Attachment 5
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/ SEAL BEACH WATER DEP RTMENT
Business Office—211 Eighth Street
Phone: (562)431-2527, Ext. 309 or 302
Monday thru Thursday 7:00 a.m.to 6:00 p.m.
Friday 8:00 a.m.to 6:00 p.m.
For emergencies after 6:00 p.m. call
Police Department at(562) 594-7232
•
PAYMENT MUST BE MADE AT COUNTER ; 2:00 p.m.
48 HOUR NOTICE FOR WATER SER .
DISCONTNUANCE,
NAME_ _jflejf- -
ADDRESS //A 0-44
ACCOUNT# E L' 9
665 /
-
AMOUNT PAST DUE �.�;
TIME 91'1
DATE - BY gi-----
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PAYMENT NOT R IVED. SERVICE HAS
BEEN DISCONTINUED. $15.00 fee added
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TIME DATE BY
•O
Attachment 6
S 14-1 Nuisances S 14-2
Article I. In General
Section 14-1. Definitions. For the purpose of this chapter, the
following words and phrases shall have the meanings respectively
ascribed to them:
gearing Officer. "Hearing Officer" shall mean the Director
of Public Works of the City of Seal Beach, California.
Occupant. "Occupant" shall include but not be limited to
the owner, the owner's agent or employee, a lessee, lessee's
agent or employee, a tenant, tenant's agent or employee, or
any person otherwise in possession and/or control of any
property within the jurisdiction of the City of Seal Beach,
California. If the owner is the occupant of the property,
provisions relating to the owner and to the occupant shall
be treated as relating to one person.
Owner. "Owner" shall mean the owner of record as shown in
the current Orange County Assessor's tax records. For
purposes of providing notice to such owner of any action
under this chapter, owner shall include the actual owner of
record, or such owner's agent, employee or other legal
representative.
property. "Property" shall include any grounds, lot,
parcel, tract or other piece of land, as well as any
building or other structure located thereon.
public Nuisance. "Public Nuisance" shall mean anything
which is injurious to health, or is indecent or offensive to
the senses, or is 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 in the City irrespective of whether the
annoyance or damage inflicted upon individuals is unequal.
Street Superintendent. "Street Superintendent" shall mean
the Director of Public Works of the City of Seal Beach,
California. -
(Ord. No. 1219, S1)
Section 14-2. Emission of Noxious Fumes or Odors. It is hereby
declared to be a public nuisance and unlawful for any person to
operate or maintain in the City any furnace, oven drier,
bleacher, evaporator, roaster or other heating, drying, burning
or charring device or apparatus, or any vat, storage yard,
warehouse, shed or place where any raw or manufactured material
or commodity is treated, dried, burned, charred or stored, from
3502 (Seal Beach 12/94)
S 14-2 Seal Beach City Code S 14-7
which noxious fumes or odors are emitted which are prejudicial to
health or offensive to the senses, so as to interfere with the
comfortable enjoyment of life or property by a neighborhood or by
any considerable number of persons. (Ord. 1219, S1)
Section 14-3. Depositina Waste on the Beach or Pier . No person
shall throw, discharge, deposit or leave, or cause, suffer or
permit to be thrown, discharged, deposited or left, any rubbish,
dead animals, refuse matter or any waste matter whatsoever in or
upon any beach or on any pier within the City except in waste
receptacles designated for such purposes. (Ord. No. 194, S5;
Ord. No. 1219, Si;, Ord. No. 1370, S2)
Section 14-4 . Depositing Glass. Nails. etc. . In Streets. etc.
It is hereby declared to be a public nuisance and unlawful for
any person to scatter, deposit, place, leave or otherwise cause
or permit the presence about any premises in the City, or along
the sidewalks, streets or alleys adjacent thereto, any loose
papers, rubbish, empty containers, remnants of any food or other
waste, trash or broken glass, nails, tacks, dirt, or any other
substance or material whose presence at such location might
result in injury or offense to any person. (Ord. No. 1219, S1)
Section 14-5. Spilling. etc. , Oil. etc. . Upon Streets. etc. It
is hereby declared to be a public nuisance and unlawful for any
person to cause or permit any oil, waste oil, oil refuse, oil
waste matter or any other petroleum product or by-product, to be
or remain on the surface of any street, alley, or sidewalk in the
City, or on any private or public property in the City, except in
an oil sump property constructed to contain and restrain such
materials. (Ord. No. 1219, S1)
Section 14-6. Disturbing the Peace. It is hereby declared to be
a public. nuisance and unlawful for any person to willfully
disturb the peace and quiet of any neighborhood or person in the
City by emitting or causing to be emitted any loud or unusual
noises, or by offensive conduct, or by threatening or challenging
to fight or by fighting, or by using vulgar, profane, or indecent
language, or by carrying concealed or otherwise without authority
any pistol, revolver or firearm, or by firing without just cause
any pistol, revolver, shotgun or firearm. (Ord. No. 1219, S1)
Section 14-7. Obstruction of Streets, etc. - Generally. It is
hereby declared to be a nuisance and unlawful for any person to
obstruct the use of streets, alleys, sidewalks, public ways or
places or buildings in the City by causing or permitting to be
placed, erected or otherwise set in position any fence, post, or
other barrier, or by sitting in or upon any public hallway, or in
or upon any public sidewalk or public walkway area with any
(Seal Beach 12/94) 3503
S 14-7 Nuisances S 14-9
portion of their body extending or protruding past the nearest
property line adjoining the public sidewalk or public walkway.
This section does not prohibit sitting on the seat of a bench
placed upon a public hallway or upon a public sidewalk with the
approval of the City, or standing on the sidewalk at a bus stop
for the purpose of boarding a bus. (Ord. No. 1219, S1)
Section 14-8. Encroachments. It is hereby declared to be a
public nuisance and unlawful to erect, maintain or construct any
building or other structure, in whole or in part, on or upon any
sidewalk, alley, street, lane, court, park or other public place
which encroaches upon or obstruct in any manner the free and open
use thereof. (Ord. No. 1219, S1)
Section 14-9. Substandard or Dangerous Property Conditions. It
is hereby declared to be a public nuisance and unlawful for any
person whoowns, leases, occupies or otherwise has charge of any
property in this City to cause or to allow any condition thereon,
or on an adjacent sidewalk, which unreasonably increases the
danger of fire or other calamity or which results in substantial
detriment to the property of others in the immediate vicinity
thereof. Such conditions include but are not limited to the
following:
(a) The presence of junk, trash, debris, building
materials, substantial quantities of loose earth,
rocks, or pieces of concrete;
(b) The presence of abandoned, discarded, unused or
deteriorating materials, objects, or equipment,
including but not limited to furniture, bedding, •
machinery, packing boxes, cans, containers, and
vehicles;
(c) The presence of stagnant water, unrefilled excavations,
eroded or eroding earth or sand which sloughs onto
adjoining sidewalks or street, or eroded or eroding
earth or sand which in normal weather conditions can be
carried off or blown from the property as dust;
(d) Any fence, structure, or landscaping which is visible
from any adjacent property, street, road, highway,
alley, or right-of-way which may detrimentally affect
the aesthetic and economic value of the property in the
immediate vicinity;
(e) The accumulation of any kind of combustible material;
(-
3504 (Seal Beach 12/94)
S 14-9 Seal Beach City Code S 14-10
(f) Any building or other structure, or any structural
component thereof, which is or are partially destroyed
or otherwise structurally unsound;
(g) Any defective wiring, switches, gas lines, valves,
pipes or any other component parts of the electric,
gas, water, or plumbing systems; and
(h) Any dirt, rubbish, weeds, or other rank growth.
(Ord. No. 1219, S1)
,Section 14-10. Power to Declare a Public Nuisance. The City
Council shall have the power to declare by ordinance or
resolution that a particular act or condition other than in
addition to the foregoing constitutes a public nuisance which
must be abated. (Ord. No. 1219, S1)
(Seal Beach 12/94) 3505
S 14-11 Nuisances S 14-13
Article II. Abatement
Section 14-11. Abatement. The owner and the occupant of any
property within the boundaries of the City of Seal Beach,
California shall be jointly and severally responsible to abate
any condition or act which the City Council has declared by
ordinance or by resolution to be a public nuisance. If such
public nuisance has not been abated within the time prescribed by
this chapter, the City Council may authorize the Street
Superintendent to remove, abate or destroy the same as hereafter
provided. (Ord. No. 1219, S1)
$ection .14-12. Resolution. The City Council shall adopt a
resolution which declares that a public nuisance exists at or
upon a specified location within the City. Such a resolution
shall contain the following information:
(a) It shall refer to the street by its commonly known
name; and
(b) It shall describe the property upon which or in front
of which the nuisance exists by giving its lot and
block number according to the official or City
assessment map.
A resolution adopted pursuant to this section may include any
number of separate or contiguous streets, sidewalks, or parcels
of private property. (Ord. No. 1219, S1)
Section 14-13 . Notice of Violation.
(a) A Notice to Abate a Public Nuisance shall be in
writing, signed by the Director of Public Works and
have substantially the following form:
NOTICE TO ABATE PUBLIC NUISANCE
TO THE OWNER, AGENT OF THE OWNER, LESSEE, OCCUPANT, OR
PERSON IN POSSESSION OF THE PROPERTY HEREAFTER
DESCRIBED:
Lot Block Tract
YOUR ATTENTION IS HEREBY DIRECTED to the provisions of
Chapter 14, Article I of the Code of the City of Seal
Beach on file in the office of the City Clerk.
( Pursuant to the provisions of said Article, you are
3506 (Seal Beach 12/94)
S 14-13 Seal Beach City Code S 14-14
hereby notified to correct within of
the date of this notice, on the property here n before
described, the following public nuisance:
Should you object to this notice you will have an
opportunity to do so at a hearing to be held before the
Hearing Officer on , at
o'clock, in the office of the Director of Public Works,
211 Eighth Street, Seal Beach, California.
Please be advised that if you do not abate this
nuisance as directed by this notice, or as directed by
the Hearing Officer, that the City shall enter upon the
property to abate the public nuisance and that the
City's costs thereby incurred shall constitute a lien
against the property.
Date
Director Of Public Works
City of Seal Beach
(b) If notice is to be posted, pursuant to Section 14-15,
the caption beginning "Notice to Abate" shall be in
letters at least one (1) inch in height.
(Ord. No. 1219, S1)
Section 14-14 . Notice. Notice may be given in any of the
following ways:
(a) Posted at or upon the property;
(b) Sent by prepaid mail to the owner and to the occupant
of the property described in the notice;
(c) Delivered personally to the owner and to the occupant
of the property described in the notice.
(Ord. No. 1219, S1)
(sea/ Beach 12/94) 3507 -�
S 14-15 Nuisances S 14-18
•
Sectionposted Notice. Posted notice shall be
conspicuously located on or in front of the property where the
public nuisance exists in accordance with the following:
(a) One (1) notice to each separately owned parcel of
property whose frontage is not over fifty (50) feet;
(b) Not more than two (2) notices to any such parcel whose
frontage isone hundred (100) feet or less; and
(c) At least one (1) notice per hundred (100) feet for each
such parcel whose frontage is greater than on hundred
(100) feet. . •
Notice shall be posted at least five (5) days prior to the time
for hearing objections by Hearing Officer to the proposed
abatement. (Ord. No. 1219, 51)
,Section 14-16. Notice By Mail. Mailed notice shall be sent by
registered or certified mail, postage prepaid, to each person to
whom the described property is assessedin the last equalized
assessment roll and to the occupant of property described in the
notice.
The City Clerk may secure such information from the County
Assessor pursuant to Government Code Section 39567.1. Such a
list shall be conclusively deemed to be theproper address for
the purpose of mailing such notice. The City shall reimburse the
county for the actual cost of furnishing this list and such cost
shall be included as a part of the costs of abatement.
Notice shall be mailed at least five (5) days prior to the time
for hearing objections by the Hearing Officer to the proposed
abatement and shall conform in all respects to the contents
requirements of posted notice. (Ord. No. 1219, 51)
Section 14-17. Notice by Personal Delivery. Personally
delivered notice shall .be .made by leaving the notice at the
residence or place of business of the owner and of the occupant
of the property described in the notice, between the hours of
8:00 a.m. and 6:00 p.m. , with some person of not less than
eighteen (18) years of age. ,. (Ord. No. 1219, 51)
,Section 14718. Hearings. At the time stated in the notice, the
Hearing Officer shall hear and consider the testimony of any
interested person and shall accept and consider any other
relevant evidence. Formal rules of evidence shall not be
applied. The Hearing Officer may continue such hearing from time
to time as deems necessary. (Ord. No. 1219, Si)
3508 (Seal Beach 12/94)
S 14-19 Seal Beach City Code S 14-23
Section 14-19. Decision of Hearing Officer. The Hearing Officer
shall make a finding as to whether a public nuisance as
heretofore defined exists on the subject property. The Hearing
Officer shall file a report of such decision with the City
Council of the City. If the Hearing Officer determines that a
public nuisance exists, the Hearing Officer shall order that such
nuisance must be abated within a specified time. (Ord. No. 1219,
S1)
Section 14-20. Appeal of Hearing Officer's Decision. The owner
and occupant of the property described in the notice shall be
notified in writing of the Hearing Officer's decision within
three (3) days of the final hearing and, if a public nuisance is
found to exist, shall be given a written Order to Abate and shall
be informed in writing of a right of appeal to the City Council.
The owner or the occupant of the property described in the notice
may file an appeal with the City Clerk of Seal Beach within
fourteen (14) days of said hearing. If no appeal is filed within
such fourteen (14) day period, the Hearing Officer's decision
shall be final. (Ord. No. 1219, S1)
Section 14-21. Hearing of Appeals. An appeal shall be placed on
the agenda of the City Council and shall be posted to provide
public notice. ' The City Council shall hear such appeal at their
next regularly scheduled meeting after the public notice is
posted.
The City Council shall hear and consider the testimony of any
interested person and shall accept and consider any relevant
evidence. Formal rules of evidence shall not be applied. The
City Council may continue such hearing from time to time as it
deems necessary. (Ord. No. 1219, S1)
Section 14-22 . Decision of City Council. The City Council shall
make a finding as to whether a nuisance as heretofore defined
exists. The owner and the occupant of the property described in
the notice shall be notified in writing of the City Council's
decision within three (3) days of the final hearing and, if a
nuisance is found to exist, shall be given a written Order to
Abate. The decision of the City Council shall be final.
(Ord. No. 1219, S1)
Section 14-23 . Compliance. The owner or occupant of the
property described in the notice shall comply with an Order to
Abate within (i) the time specified by the Hearing Officer or, if
the Hearing Officer's decision was appealed, (ii) the time
specified by the City Council.
(Seal Beach 12/94) 3509
S 14-23 Nuisances S 14-28
Notwithstanding compliance with an Order to Abate, the owner and
the occupant of the property described in the notice shall in all
events be jointly and severally liable to the City for any costs
which the City incurred in investigation, boundary determination,
measurement, and clerical and associated administrative costs.
(Ord. No. 1219, S1)
Section 14-24 ., Failure to Comply: Criminal Penalty. Failure to
comply with an Order to Abate within the time specified shall be
deemed a misdemeanor and upon conviction thereof shall be
punishable by a fine of not more than Five Hundred Dollars
($500) , or by imprisonment in the county jail for a period of not
more than six months, or by both such fine and imprisonment.
(Ord. No. 1219, S1)
Section 14-25. Failure to Comply; Abatement by City. In
addition to the criminal penalty provided in Section 14-24,
failure to comply with an Order to Abate within the time
specified may result in abatement by the City and the costs
thereof assessed against the property as hereinafter provided.
(Ord. No. 1219, S1)
Section 14-26. Abatement,_,_y Street Superintendent. The Street
Superintendent Shall keep an account and submit an itemized
written report of the costs of such abatement for each separate
parcel of land to the City Council for confirmation. (Ord. No.
1219, S1)
Section 14-27. Abatement by Private Contractor. The City
Council may award a contract to abate the public nuisance to a
private contractor pursuant to the procedures and limitations set
forth in Section 1010 of the Seal Beach Official Charter relating
to competitive bidding.
•
A private contractor awarded such a contract may enter upon
private property to abate a nuisance. The private contractor
shall keep an account and submit the itemized written report for
each separate parcel of land to the City Council for
confirmation. (Ord. No. 1219, S1)
Section 14-28. Cost Report--Posting. A copy of the itemized
written report showing any costs incurred in investigation,
boundary determination, measurement, abatement costs, and
associated clerical and administrative work shall be posted for
at least three (3) days prior to its submission to the City
Council on or near the City Council's chamber door. The report
shall indicate the time and date of submission. (Ord. No. 1219,
S1)
3510 (Seal Beach 12/94)
S 14-29 Seal Beach City Code S 14-32
,Section 14-29. Cost Report--Hearing. At the time of submission,
the City Council shall hear any objections of the parties who are
liable to be assessed for the. City's costs. Formal rules of
evidence shall not apply at such hearing. The City Council may
modify the report as it deems necessary. The City Council shall
then confirm the report, as may be modified, by resolution or
motion. The decision of the City Council shall be final.
(Ord. No. 1219, S1)
Section 14-30. Special Assessment and Lien. Costs of abatement
shall constitute a special assessment against that parcel and
after the assessment is confirmed shall be a lien on the parcel.
(Ord. No. 1219, S1)
Section 14-31. Collection of Costs.. After confirmation of the
report, the assessment shall be collected in any of the following
ways:
(a) The owner or occupant of the property described in the
notice may pay the amount due on the abatement to the
Street Superintendent after the confirmation of the
report and until ten (10) days before a copy of such
report is given to the City Assessor and Tax Collector,
or, if certified copies were filed with the county
auditor, until August 1 following the confirmation of
the report.
(b) The County Tax Collector may collect the assessments by
issuing separate bills and receipts for the
assessments, or the amount of the assessment may be
added to the next regular tax bill levied against the
parcel for ordinary municipal purposes and be collected
therewith.,at the time and in the manner as ordinary .
municipal taxes, subject to the same penalties and
procedures of foreclosure and sale for delinquencies.
Notwithstanding the foregoing, the City Council may direct that
the assessment be collected in successive annual installments at
the time and in the manner of ordinary municipal taxes. Such
installments would be subject to the same penalties and
procedures for foreclosure and sale for delinquencies applicable
to ordinary municipal taxes. An assessment payment made in
installments may include interest on the unpaid balance at a rate
to be determined by the City Council. (Ord. No. 1219, S1)
,Section 14-32. Refunds. The City Council may order, a refund of
all or part of the assessment paid pursuant to this article if it
finds that all or part of the assessment had been erroneously '
levied. An assessment or part thereof shall not be refunded
(Seal Beach 12/91) 3511
S 14-32 Nuisances S 14-32
unless a claim is filed with the City Clerk on or before six
months after the assessment became due and payable. Any claim
shall be verified by the person who paid the assessment, or his
guardian, executor, or administrator. (Ord. No. 1219, S1)
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3 5 12 (Seal Beach 12/94)