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Home My WebLink AboutCC AG PKT 2009-05-11 #HAGENDA STAFF REPORT DATE: , May 11, 2009 TO: Honorable Mayor and City Council THRU: David Carmany, City Manager FROM: Lee Whittenberg, Director of Development Services SUBJECT: DECLARING THE RESIDENTIAL PROPERTY LOCATED AT 509 AGUA PLACE A PUBLIC NUISANCE SUMMARY OF REQUEST: It is recommended that the City Council adopt Resolution No. 5869, A Resolution of the City Council of the City of Seal Beach Declaring a Public Nuisance at 509 Agua Place. This action will begin the public nuisance abatement process. BACKGROUND: Staff has the opinion that the property at 509 Agua Place ("subject property"), located in a Residential Low Density zone is a public nuisance. The property at 509 Agua has asingle-story residential structure and is owned by Ms. Evanne Connors. Ms. Connors does not presently live at the subject site and the property is not currently occupied. Staff is requesting declaration of the property a public nuisance in order to ensure that necessary repairs are made to the structure and that the site is maintained and kept free and clear of weeds and overgrown vegetation. The subject property has come to the City's attention several times in the past eighteen months based on resident complaints and observations by the City's Code Enforcement Staff. Previous violations that have occurred at the site include lack of proper swimming pool maintenance, lack of a proper gate barrier to swimming pool, weeds, trash, and debris in yards, and dry rot and extensive damage to roof structure. In February of 2008, a letter was sent to the previous owner, Mr. Thommye Millhouse, detailing all of the violations that were occurring at the site and what would be required to abate the violations. At that time, Staff's immediate concern was the clearing of overgrown vegetation and debris from the subject site and to secure the property so that the rear yard and swimming pool Agenda Item ~"~ Page 2 were inaccessible. Staff informed the property owner that the following nuisance abatement activities were necessary to bring the site into compliance with the City requirements: • Remove all weeds, trash, debris, building materials, and trash cans from the front of the property. • Repair fence and gate barrier to the swimming pool. • Repair damage to the roof structure. It was around this same time that Staff came to discover that Mr. Millhouse no longer owned the property and that it had been sold to Ms. Connors. Ms. Connors had previously submitted conceptual plans to the Department of Development Services for a renovation, remodel, and addition to the property in January 2008 which Code Enforcement was unaware of. Staff issued a `Conceptual Approval' of the plans on January 14, 2008. In July 2008, Ms. Connors submitted plans to the Building Department for plan check. After numerous delays by the architect and applicant, the plans were approved for building permit issuance on April 29, 2009. The applicant has stated that they would be ready to have said permits issued to them sometime during the week of May 4, 2009. 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 7.40.015A, 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 7.40.015.C, the property owner has the opportunity to be heard at a hearing conducted by a hearing officer. 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 within three days of the decision. If the hearing officer finds that a public nuisance exists, the notice must include an Order To Abate and applicable appeal provisions. The owner or occupant has 10 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 Page 3 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. FINANCIAL IMPACT: Minor. Allocation of staff resources to prepare appropriate staff reports and resolutions, conduct a hearing on the abatement order. RECOMMENDATION: Adopt Resolution No. 5869, A Resolution of the City Council of the City of Seal Beach Declaring a Public Nuisance at 509 Agua Place. SUBMITTED BY: '0 e e ivera, Senior Planner p ment of Development Services NOTED AND APPROVED: ~~ David Carman ,City Manager Attachments: A. Resolution No. 5869, A Resolution of the City Council of the City of Seal Beach Declaring a Public Nuisance at 509 Agua Place. B. Violation Notice to previous owner dated February 7, 2008 Page 4 ATTACHMENT A Resolution No. 5869, A Resolution of the City Council of the City of Seal Beach Declaring a Public Nuisance at 509 Agua Place. RESOLUTION NUMBER 5869 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL DECLARING THE EXISTENCE OF A PUBLIC NUISANCE AT 509 AGUA PLACE AND ORDERING THE COMMENCEMENT OF ABATEMENT PROCEEDINGS 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 May 11, 2009, the City Council heard testimony and considered evidence regarding the condition of the property at 509 Agua Place (the "subject property'). Section 2. The subject property contains a single-story residential structure owned by Ms. Evanne Connors that has been vacant for at least two years. The property is in a state of disrepair and the property has not been maintained on a regular basis. Section 3. The City has notified the property owner in person and by telephone. The owner has expressed willingness to comply with the City's request for cleanup, demolition and 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.O10.A provides that 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 any considerable number of persons, even where the annoyance or damage inflicted upon individuals is unequal" 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 staff report and public testimony, the Council hereby finds 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, deteriorated property conditions, and a substandard roof structure. Section 6. Based upon the foregoing substantial evidence in the record, the City Council hereby finds that the structure at 509 Agua Place is in a substandard condition and constitutes a public nuisance, given the subject property contains, interalia: A. Structures and landscaping that are visible from adjacent properties and street that detrimentally affect the aesthetic and economic value of the property in the immediate vicinity. See, Muni. Code § 7.35.010.B.7.d. B. Structures, and structural component thereof, that are partially destroyed or otherwise structurally unsound. See, Muni. Code § 7.35.010.B.7.f Resolution Number 5869 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 7.40.0156. The notice shall specify a date and time for a hearing before a hearing officer to determine whether abatement is necessary. PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach on this 11th day of Mav , 2009 by the following vote: AYES: Councilmembers NOES: Councilmembers ABSENT: Councilmembers ABSTAIN: Councilmembers Mayor ATTEST: City Clerk 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 5869 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 11th day of Mav , 2009. City Clerk Page 5 ATTACHMENT B Violation Notice to previous owner dated February 7, 2008 ~~ ~ q~ _ Case Num t ;~ ..1 Notice Sent: 2R/2008 SENT 1st CLASS MAIL To the following Property owner. THOMMYE J. MfLLHOSOE TR 1086 WOODSIDE WAY DEL MAR CA 92014-3936 The City of Seal Beach has become aware that the following property: Street # 509 Street Name Agua APN 043-271-04 Cross Street Zone District -----*- has the following City Code Violations: Code Section Violation 1001.8 FAULTY WEATHER PROTECTION ° UHC ii Ege 7.35.0106. PUBLIC NUISANCES PROHIBITED 7.a.b.cd.h SBMC =€ ~€= 9.60.065J.4 POOL FENCES E~`~` 19.4 €€ SBMC E':,':• r:: The following action must be taken by the property owner: REPAIR FENCE AND GATE BARRIER TO POOL. REPAIR ROOF. REMOVE ALL WEEDS, TRASH, DEBRIS, BUILDING MATERIALS TRASH CANSFROM FRONT OF PROPERTY. The City will inspect the property to determine compliance on or shortly afte~lOnday, February 11, 2008 Failure to comply may result in the forwarding of this matter to the City Attorney for prosecution. Please feel free to call Darryl Evans at (562) 431-2527 x 327 if you have any questions or comments regarding this matter. Have your case number when calling. 2/7/2008 Planning Department