HomeMy WebLinkAboutCC AG PKT 2006-10-23 #M
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AGENDA REPORT
DATE:
October 23, 2006
TO:
Honorable Mayor and City Council
THRU:
John B. Bahorski, City Manager
FROM:
Lee Whittenberg, Director of Development Services
SUBJECT:
DECLARING THE RESIDENTIAL PROPERTY
. LOCATED AT 109-117 OCEAN AVENUE A PUBLIC
NUISANCE
SUMMARY OF REQUEST:
It is recommended that the City Council adopt Resolution Number , A Resolution
of the City Council of the City of Seal Beach Declaring a Public Nuisance at 117 Ocean
Avenue. This action will begin the public nuisance abatement process.
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BACKGROUND:
The property at 109-117 Ocean A venue ("subject property"), located in a Residential
High Density zone has been identified as a public nuisance by the City. The property is a
two-story structure owned by Mr. John Pelochino. Mr. Pelochino does not live at the
subject site which has been vacant for approximately five years.
Staff is requesting declaration of the property a public nuisance in order to ensure that the
site is adequately cleared and secured. The subject property has come to the City's
attention based on approximately 30 calls for service to the subject site within the past
year. Incidents occurring at the site included trespassing, illegal entry, and illegal drug
activity occurring at the site. Staff has contacted the property owner on several occasions
to identify the need for clearing and securing the site. Although the property owner has
responded, the work completed to this point' does not fully address staff concerns. Staff
is pursuing a more aggressive schedule for the clean-up of the site and declaring the
property a public nuisance is necessary to ensure that these recurring violations are
properly mitigated (See Attachment 2).
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On October 4, 2006, Senior Planner Paul Da Veiga sent Mr. Pelochino a letter and
Owner's Authorization form requesting that consent to permit temporary securing of the
structure with plywood. The existing plywood that previously secured the home has been
breached in several locations through forcible entry by individuals illegally entering the
structure. Sergeant Steve Bowles also sent a letter to the property owner on October 4,
AGENDA ITEM ~
C:lDocumcnts BIId ScttmgsIPDavc.gclDcsktopll17 Ocean - Public NUISBIICC StaffReport.DOCIL WlII-OS-03
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Adoption ofResollllion Declaring a
Public Nuisance at 117 Ocean Ave.
City Council Stqff Report
October 23, 2006
2006 identifying several nuisance items in need of abatement on the subject property and
included a timeline in which the City expected the work to occur (See Attachment 2). In
response to the letters, the Mr. Pelochino contacted Mr. Da Veiga by telephone on
October 9, 2006 indicating that a clean-up crew would begin clearing the site of debris,
overgrown vegetation, and performing tree trimming on Saturday, October 14, 2006.
On October 13, 2006, Planning and Code Enforcement staff met with Christine Arendas,
representing the property owner, at the subject site to discuss the necessary course of
action for cleanup and securing of the site. Staff informed Ms. Arendas that the
immediate concern was clearing of overgrown vegetation and debris from the subject site
to allow clear visibility across the site by the Police Department. Staff informed Ms.
Arendas that the following nuisance abatement activities are necessary to bring the site
into compliance with the City requirements:
109 Ocean Avenue (Vacant Lot)
· Remove all ground cover, trees, debris, trash, sheds and fences
· Execute consent form to allow Long Beach Animal Control to enter your property
and attempt to trap all of the animals living on the property.
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117 Ocean Avenue. (Residence)
. Remove all ground cover, trees, debris, trash, sheds and fences.
· Execute consent form to allow Long Beach Animal Control to enter your property
and attempt to trap all of the animals living on the property.
· Immediately CAP ALL UTILITES and have them turned off from the utility
companies.
· Remove the Volvo from the property.
· Remove the active bee infestation
. Complete a termite inspection with a state licensed termite company.
· Execute consent form to the City of Seal Beach to arrange for the proper boarding
up and securing of the property with the agreement to reimburse the City of Seal
Beach for the total costs.
· Provide a plan for the property to the City for demolition or a remodeling plan for
the property.
· If the property is to be restored for occupancy or be rent ready, there should be a
comprehensive plan for renovation along with contractor bids submitted.
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1] 7 Ocean - Public Nuisance Staff Report
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Adoption of Resolution Declaring a
Public Nuisance at 117 Ocean Ave.
City Council Staff Report
October 23, 2006
PUBLIC NUISANCE ABATEMENT:
Chapter 7.40 (Nuisance Abatement) of the Code provides the procedures for declaring a
property a public nuisance. First, the City Council must adopt a resolution pursuant to
Section 7.40.015, which is the resolution presently before the Council. Once the Council
adopts the resolution, a Notice of Violation is issued. The Notice of Violation may be
posted at or upon the property, sent by prepaid mail to the owner and to occupants of the
property, or personally delivered to the owner and to the occupants.
Pursuant to Section 7.40.0l5.C, the property owner has opportunity to be heard at a
hearing conducted by a hearing officer, the Director of Public Works. The hearing
officer shall hear and consider testimony of any interested person and other relevant
evidence. Based on this hearing, the hearing officer makes findings as to whether a
public nuisance exists on the subject property. The officer files a report and provides a
specified time for the nuisance to be abated. The owner and occupant shall be notified in
writing of the hearing officer's decision and within three days of the final decision. If the
decision is unfavorable to the property owner, the notice must contain the right to appeal.
The owner or occupant has 14 days to appeal the decision. If no appeal is taken, the
hearing officer's decision is final. The appeal is made to the City Council and is open to
the public. The City Council, like the hearing officer, shall hear and consider testimony
of any interested person and any relevant evidence. The City Council shall make a
finding as to whether a nuisance exists. The owner and occupant will be notified within
three days of the decision, and if a nuisance is found to exist, the Council will issue a
written Order to Abate within a specified time. The Council's decision would be final.
RECOMMENDATION:
Adopt Resolution Number _' A Resolution of the City Council of the City of Seal
Beach Declaring a Public Nuisance at 117 Ocean Avenue.
e Whittenberg
Director of Development Service
Attachments:
I) Resolution Number _' A Resolution of the City Council of the City of Seal
Beach Declaring a Public Nuisance at 117 Ocean Avenue.
2) Letter from Police Department dated October 4, 2006
1 J 7 Ocean - PubJic Nuisance StaffRe:port
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ATTACHMENT 1
RESOLUTION NUMBER
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SEAL BEACH
DECLARING A PUBLIC NUISANCE AT 109-
117 OCEAN AVENUE
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RESOLUTION NO.
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
CO~NCEMENTOFABATEMENTPROCEEDINGS
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").
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Section 2. The subject property contains a two-story residential structure
owned by Mr. John 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 at all hours of 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 allover the subject property. There are stray animals on the property,
including raccoons. There are beehives and other potential hazards in the building.
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 Section 7.35.01 O.A provides that a
public nuisance is:
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"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 any
considerable number of persons, even where the annoyance or
damage inflicted upon individuals is unequal."
S7296-0001 \921563v3.doc
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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."
Section 5. Based upon the foregoing, and based upon the record, including
but not limited to the staffreport and public testimony, the Council hereby fmds and
declares that the subject property is a nuisance. The dangerous condition of the subject
property is a threat and injurious to the public health, safety and welfare and constitutes a
public nuisance per se. Seal Beach Municipal Code, Chapter 7.35 - Public Nuisances,
and Health and Safety Code Sections 5410 and 13104.5 prohibit substandard or
dangerous conditions of property. The subject property suffers from overgrown
vegetation, discarded debris and combustible material left unsecured, and improper
boarding of the subject building. The presence of scattered debris and combustible
materials pose hazardous conditions. In addition, Municipal Code Section 7.35.010 and
Health and Safety Code Section 14875 prohibit the presence of weeds and overgrown
vegetation.
Section 6. Based upon the foregoing substantial evidence in the record, the City
Council hereby finds that the structure at 109-117 Ocean Avenue is in a substandard
condition and constitutes a public nuisance, given the following factors, inter alia:
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A. The presence of junk, trash, debris, building materials, substantial
quantities ofloose earth, rocks or pieces of concrete. Muni. Code ~ 7.35.010.B.7.a.
B. The presence of abandoned, discarded, unused or deteriorating materials,
objects or equipment, including without limitation furniture, bedding, machinery, packing
boxes, cans, containers or vehicles. Muni. Code ~ 7.35.0IO.B.7.a
C. Any dirt, rubbish, weeds or rank growth. Muni. Code ~ 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 before a hearing officer to
determine whether abatement is necessary.
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S7296-000I\92IS63.3 doc
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PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal
Beach at a meeting thereof held on the _ day of , 2006, by the following
vote:
AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Counci1members
MAYOR
ATTEST:
CITY CLERK
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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 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. regular meeting thereof held on the day of
,2006.
City Clerk
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October 4, 2006
Mr. John Pelochino
129 Manzanita Road
Route 1, Aspendell
Bishop, CA 93514
RE: 109 Ocean Avenue and 117 Ocean Avenue, Seal Beach, California 90740
Mr. Pelochino:
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This letter shall serve as notice of the beginning of the summary abatement
proceedings against the property at 109 Ocean Avenue and 117 Ocean Avenue
in the City of Seal Beach. Per our telephone conversation last Friday,
September 29, 2006, we discussed the many hazards involving the neglect and
abandonment of the properties. I've attached a CD containing pictures of the
property along with the staff report prepared for the City Management regarding
both properties in question.
As I mentioned to you during our telephone conversation, it is our goal to reach
VOLUNTARY COMPLIANCE without the utilization of attorneys. It is imperative
that you know that if voluntary compliance isn't reached, the City of Seal Beach is
prepared to utilize its complement of City Staff and Attorneys to reach its goals
with these properties. This shouldn't be construed as a threat but simply as a
forthright attempt at open communication and problem solving.
Proposal for Action and Timeline
109 Ocean Avenue (Vacant Lot)
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. Remove all ground cover, trees, debris, trash, sheds and fences
o All bids completed by Wednesday, October 11, 2006 and copies
sent to the Sergeant Steve Bowles at the Seal Beach PD. (Fax
562.493.0634)
o Complete abatement to be completed by Monday, October 23,
2006.
· Consent to Long Beach Animal Control to enter your property and attempt
to trap all of the animals living on your property.
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o Signed and returned to Sergeant Bowles by Friday, October 6,
2006. I will forward the consent to Animal Control personnel.
117 Ocean Avenue, (Home)
. Remove all ground cover, trees, debris, trash, sheds and fences.
o All bids completed by Wednesday, October 11, 2006 and copies
sent to Sergeant Steve Bowles at the Seal Beach PD. (Fax
562.493.0634)
o Complete abatement to be completed by Monday, October 23,
2006.
. Consent to Long Beach Animal Control to enter your property and attempt
to trap all of the animals living on your property.
o Signed and returned to Sergeant Bowles by Friday, October 6,
2006. I will forward the consent to Animal Control personnel.
. Immediately CAP ALL UTI LITES and have them turned off from the utility
companies.
o Complete utilities by Friday, October 6, 2006.
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. Remove the Volvo from the property.
o Complete removal by Friday, October 20, 2006
. Remove the active bee infestation
o Complete removal by Friday, October 20,2006
· Complete a termite inspection with a state licensed termite company.
o A plan for termite eradication to be agreed upon by Friday, October
20, 2006.
· Consent to the City of Seal Beach arranging for the proper boarding up
and securing of the property with the agreement to reimburse the City of
Seal Beach for the total costs.
o Consent to be signed and returned to Sergeant Steve Bowles by
Friday, October 6, 2006.
. - - Provide a plan for the property to the City for demolition or a remodeling
plan for the property.
o The demolition process is the desired outcome for the City of Seal
Beach. The city will work with you to expedite the demolition
permitting process. The bids for the demolition process must be
sent to my office by Friday, October 20, 2006.
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o If the property is to be restored for occupancy or be rent ready,
there should be a comprehensive plan for renovation along with
contractor bids submitted to my office by Friday, October 20, 2006.
In closing, we again would like to express to you our desire to work with voluntary
compliance. The City of Seal Beach will avail ourselves within reason to facilitate
these changes.
Please contact me when you receive this communication to discuss the
completion of these tasks.
Regards,
Steve Bowles, Sergeant, Abatement Project Coordinator
Seal Beach Police Department
911 Seal Beach Boulevard
Seal Beach, CA 90740
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Timeline for Completion
109 Ocean Avenue (Vacant Lot)
Bids for removal of trash and debris as outlined
comoleted abatement of property as outlined
Wednesday, October 11, 2006
Monday, October 23,2006
117 Ocean Avenue (Lot with Residence)
Bids for removal of trash and debris as outlined
comoleled Abatement of property as outlined
Wednesday, October 4, 2006
Monday,October23,2006
Friday,Ocrober6,2006
Friday, October 6, 2006
Friday, October 6, 2006
Friday, October 20, 2006
Friday, October 20, 2006
Friday, October 20, 2006
Friday, October 20, 2006
Sion Consent for Long Beach Animal Control
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Sian Consent for City to secure property
Cao and Turn Off all Utilities
Remove Volvo from property
Remove bee infestation
Comolete Termile Report
Aareed Uoon termite eradication plan
Plan for Demolition
Plan for Restoration for Occupancy
Friday, October 20, 2006
Friday, October 20, 2006
All communications should be made directly with Sergeant Steve Bowles of the Seal
Beach Police Department. Below is all of the contact information for Sergeant Bowles:
Sergeant Steve Bowles
Seal Beach Police Department
911 Seal Beach Blvd
Seal Beach, CA 90740
Office: 562.799.4100 Ext. 604
Cell: 714.588.5975
Emall: Sbowles@ci.seal-beach.ca.us
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Seal Beach Police Department
Abatement Project
109 and 117 Ocean Avenue
Seal Beach, California
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Overview
The City of Seal Beach has begun the process of formal summary abatement of
the properties located at 109 Ocean Avenue and 117 Ocean Avenue. Both
properties represent significant hazards to the community.
The properties in question are:
· 109 Ocean Avenue: Vacant Lot (APN 199-145-09)
. 117 Ocean Avenue: Three unit home circa 1910 (APN199-145-10)
The properties were acquired by the Pelochino Family in 1966. John Pelochino
is the primary owner of the property and decision maker. He has full authority
over the property.
I have reached out to numerous local agencies in a collaborative effort to restore
the properties to a condition acceptable to the community. The following
agencies have provided input:
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1) Seal Beach Code Enforcement
2) Seal Beach Planning and Building
3) Seal Beach City Attorney's Office
4) Seal Beach Police Department
5) Orange County Fire Authority
6) Long Beach Animal Control
7) Orange County Vector Control
8) Concerned Neighbors
A meeting with the majority of the stakeholders was conducted at the property on
Friday, September 29, 2006 at 1330 hours. Representatives from the Seal Beach
Police Department, City of Seal Beach, Orange County Fire Authority Engine 44
as well as Fire Inspectors, Long Beach Animal Control, Seal Beach Animal Care
Center and neighbors.
I have spoken with John Pelochino and I have advised him of the position of the
City. I explained to Mr. Pelochino that we are seeking voluntary compliance with
the abatement issues concerning his properties. I also told him that if voluntary
compliance could not be reached, the City of Seal Beach would pursue all
options available up to and including complete demolition of the property. Mr.
Pelochino insured me he would voluntarily comply. I told Mr. Pelochino that he
would have a list of preliminary abatement requirements by the end of this week.
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Stakeholder Input
Seal Beach Police Department:
The Seal Beach Police Department has been at the property 31 times in 40 days
regarding the issues associated with this property. The concerns of the Seal
Beach Police Department include transients sleeping in and out of the home,
fires on the property, camps set up in the vacant lot, juveniles drinking, smoking
and sexual activity on the premises, vandalism and theft attempts.
The Seal Beach Police Department requires the following be completed:
109 Ocean Avenue
1) Removal of all ground cover, debris, trash, temporary shed structures and
cut back or removal of trees.
117 Ocean Avenue
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1) Removal of all ground cover, debris, trash and shed structures.
2) Remove abandoned Volvo from driveway
3) Cap all the utilities. (ALL UTI LITES ARE ON)
4) Properly board or secure the residence.
Orange County Fire Authority
Although the OCFA has referred this case to Seal Beach Code Enforcement,
there are a number of issues that concern the firefighters and inspectors. The
following are their concerns provided by Captain Dave McPherson from OCFA
Station 44 located on 8th Street:
109 Ocean Avenue
1) Removal of all ground cover, debris, trash, shed structures and cut back
or removal of trees. Their fear is that the debris is situated close to
surrounding homes and with the onshore winds that are the standard in
the area, a fire and its embers would quickly spread to surrounding
structures as well as structures within a five home perimeter.
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117 Ocean Avenue
2) Removal of all ground cover, debris, trash, shed structures and cut back
or removal of trees. It would hinder the movement of firefighting personnel
to properly combat a fire at the residence or surrounding properties.
Long Beach Animal Control
The Long Beach Animal Control is the contract animal control provider for the
City of Seal Beach. While consulting with some of the community stakeholders, it
was learned that there may be up to 12 cats living at the property, five of which
are domesticated. I solicited the cooperation of the LBAC in conjunction with the
Seal Beach Animal Care Center to find house and placement for the domestic
cats at the property.
The Long Beach Animal Control Department is concerned about the following
issues:
109 Ocean Avenue
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1) There are a large number of animals living on the vacant lot. According to
neighbor reports, there are approximately:
. Raccoons (Approximately 6-10)
. Skunks (Approximately 8-10)
. Opossum (Over 12)
. Rats (Multiple)
. Cats (8-12 domestic and numerous feral)
The raccoons are of particular concern because they can be a carrier of rabies
and be a danger to the area. Long Beach Animal Control advises that all
indigenous animals (all but domestic cats) will be euthanized within 3 days of
capture as they will not re-release to other areas based on greater animal
populations already in existence.
117 Ocean Avenue
1) There are foundation screens missing from the property. This may also be
an area where the nocturnal animals may be living.
Long Beach Animal Control will need consent from Mr. Pelochino to install traps
on his private property.
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Orange County Vector Control
I spoke with Bob Huff, Inspector with OC Vector Control and he conducted an
inspection of the property. Although they did not see any signs of stagnant water
or an active mosquito infestation, a concern about rats was discussed. It was
concluded that rat poison will be dispended on the property this week.
Mr. John Pelochino
I spoke with Mr. Pelochino on Friday, September 29,2006 at approximately 1700
hours. I explained to Mr. Pelochino the gravity of the situation and the urgency by
which these 'issues need to be rectified. I explained to him that the City was
seeking voluntary compliance to address the public safety issues. He seemed
extremely willing to cooperate with the City of Seal Beach via voluntary
compliance with the property. He was clear that he did not want to involve
attorneys or liens of any kind. He was confused however that he hadn't been
contacted prior to this week regarding the status of the property. Although I do
not know the history of the property from the code enforcement perspective, I
assured him we would provide him clear direction and a reasonable timeline.
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Mr. Pelochino will be awaiting formal direction from the City.
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Abatement Recommendations
109 Ocean Avenue (Vacant Lot)
. Raze the entire lot to a dirt lot. If not an option, move to the following:
o Immediately abate the ground cover, trees, debris, sheds and fence
off the alley. Also remove the wood fence that lines the alley.
o . If Palm trees are allowed to remain, they should be properly
groomed and the dead frawns removed. The Seal Beach Police
Officers should be able to see from Ocean Avenue to the alley
unobstructed.
o Remove all animals from the property and work with Long Beach
Animal Control to mitigate the loss of animal life.
117 Ocean Avenue
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. Raze the entire lot to a dirt lot. If not an option; move to the following:
o Remove all of the ground cover, debris, trees, and the sheds.
o Removal of the abandoned Volvo in the driveway.
o Secure foundation access.
o Secure all entrances and exits.
o Remove the active bee infestation.
o Service property for termite infestation and subsequent dry rot and
termite damage.
o Remove all animals from the property and work with Long Beach
Animal Control to mitigate the loss of animal life.
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Stakeholder Information
John Pelochino, Property Owner
129 Manzanita Road
Route 1, Aspendell
Bishop, CA 93514
Darryl Evans, Code Enforcement Officer
City of Seal Beach
562.431.252.7 Ext. 327
Paul DaVeiga, Senior Planner
City of Seal Beach
562.431.2527
Steve Bowles, Sergeant
City of Seal Beach Police Department
562.799.4100 Ext. 603
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Antonio Aleman, Senior Fire Prevention Specialist
Orange County Fire Authority
714.527.9473
David McPherson, Fire Captain
Orange County Fire Authority - Fire Station 44
714.827.2320
Beth Miller, Animal Control Officer
City of Long Beach Bureau of Animal Control
562.570.7387
Bob Huff, Inspector
Orange County Vector Control
714.971.2421
Seal Beach Animal Care Center
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