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HomeMy WebLinkAboutCC AG PKT 2009-06-08 #HDATE: May 1 1 , 2nno June 8, 2009 TO: Honorable Mayor and City Council THRU: David Carmany, City Manager FROM: Lee Whittenberg, Director of Development Services SUBJECT: ENFORCEMENT OF AN EXISTING ORDER OF ABATEMENT FOR PROPERTY LOCATED AT 109 -117 OCEAN AVENUE SUMMARY OF REQUEST: Staff is requesting that the City Council provide direction on how to proceed with enforcement of an existing 'Order to Abate a Public Nuisance' for the property at 109 -117 Ocean Avenue. BACKGROUND: The property at 109 Ocean is a vacant, wooded lot; the property at 117 Ocean has a two -story residential structure and both located within a Residential High Density zone and both are owned by Mr. John Pelochino. Mr. Pelochino does not live at the subject site but the property does appear to be currently occupied. These properties were declared a public nuisance on October 23, 2006 via Resolution No. 5507. Pursuant to such resolution, the City served the Owner with a notice to abate the nuisance, and provided the Owner with an opportunity to be heard by a hearing officer on November 9, 2006. At the hearing, two of the Owner's representatives appeared in person and the owner appeared by teleconference. At the conclusion of the hearing, the officer ordered the Owner to submit a comprehensive schedule by November 27, 2006, indicating completion dates for the abatement of the conditions. However, the Owner submitted inadequate documents and did not meet the deadlines suggested by the Owner's representative. As a result, the Owner was served with a written Notice of Decision and Order to Abate a Public Nuisance in accordance with the provisions of Municipal Code Section 7.40.015 on December 14, 2006. Sometime after December 14, 2006, substantial work was done to the property to bring it into compliance with the Order of Abatement. This work included removal of non - operable vehicles on the properties, removal of feral animals and rodent Agenda Item H Page 2 infestation on the properties, removal of an active bee infestation on the properties, and a renovation of the 117 Ocean property to restore it to a level fit for human occupancy. After The City's Building Official inspected the two 2nd floor units of 117 Ocean, they were deemed suitable for occupancy. After reviewing the abatement order, the Owner had appeared to comply with all conditions except the condition for 109 Ocean Avenue requiring that the lot be landscaped with sustainable ground cover to prevent erosion and to provide for regular maintenance of such ground cover; and the condition for 117 Ocean Avenue requiring that the front, side, and" back yards be landscaped and maintained with turf or groundcover. On or around March 25, 2008, City staff became aware that weeds, trash, and debris were still an issue at the properties and a violation notice was sent to the Owner that the Abatement Order was still in effect and that compliance was required by March 31, 2008. The owner apparently complied with the violation notice, but only eliminated the weeds, debris, and overgrowth and did not comply with the landscaping requirement of the Abatement Order. On July 16, 2008, City staff received a complaint from a resident regarding the overgrown vegetation, weeds, etc. on the properties. Code Enforcement staff visited the properties on July 17, 2008, and issued a violation notice to the owner to correct the problems on the properties. On or around March 12, 2009, City staff again became aware that weeds, trash, and debris were once again an issue at the properties and a violation notice was sent to the Owner that the Abatement Order was still in effect and that compliance was required by March 31, 2009. The owner again complied with the violation notice by removing weeds and overgrowth, but did not comply with the requirements of the Abatement Order. As a result of the ongoing non - compliance with the Abatement Order of December 14, 2006, City staff intends to proceed with enforcement of the Order's . requirement that the Owner "Landscape the lot with sustainable ground cover to prevent erosion and to provide for regular maintenance" for the property at 109 Ocean Avenue and "Landscape and maintain the front, side, and back yards with turf or groundcover" for the property at 117 Ocean Avenue so that both properties are brought into total compliance with the Order of Abatement. Municipal Code Sections 7.40.020 — 7.40.045 provide the City with the authority and establish the process for obtaining compliance with an Abatement Order. Copies of the relevant sections of the Code are attached. Options available to the Council would be to have Staff contract with a landscaping service to install and maintain turf (natural or synthetic) on the properties in violation, install and maintain an irrigation system, and install and maintain appropriate landscaping, and to recover all costs to the City, including Page 3 attorney and enforcement costs, by assessing a special assessment and placing a lien on the properties. It is the recommendation of staff that the City Council authorize the City Manager to take the following actions: ❑ Contract with an appropriately licensed contractor or contractors to: ❑ Remove all trees and shrubs at 109 Ocean Avenue and install artificial turf on the entire lot; ❑ Trim and maintain the existing tree at 117 Ocean Avenue, provide an irrigation system for the tree and shrubs adjacent to the residence, and install artificial turf on all remaining portions of the property, except for paved driveways, parking areas, and pedestrian walkways; and ❑ Place a lien on the properties at 109 -117 Ocean Avenue to recover all costs to the City, including attorney and enforcement costs, by assessing a special assessment. This option will result in the most up -front cost, but would achieve compliance with the Abatement Order and result in the least on -going property maintenance cost. FINANCIAL IMPACT: Depending on Council's direction, there is the potential for moderate front end and ongoing costs to the City, but the City does have the ability to place a lien on the properties to recover the City's costs and expenses, including attorney fees, pursuant to Municipal Code Section 7.40.040. RECOMMENDATION: That the City Council consider the Staff report and make a recommendation to Staff as to how to proceed with the existing Order to Abate a Public Nuisance. It is the recommendation of staff that the City Council authorize the City Manager to take the following actions: ❑ Contract with an appropriately licensed contractor or contractors to: ❑ Remove all trees and shrubs at 109 Ocean Avenue and install artificial turf on the entire lot; ❑ Trim and maintain the existing tree at 117 Ocean Avenue, provide an irrigation system for the tree and shrubs adjacent to the residence, and install artificial turf on all remaining portions of the property, except for paved driveways, parking areas, and pedestrian walkways; and ❑ Place a lien on the properties at 109 -117 Ocean Avenue to recover all costs to the City, including attorney and enforcement costs, by assessing a special assessment. SUBMITTED BY: rome Olivera, Senior P.l�rfner Department of Development Services Attachments: (4) Page 4 NOTED AND APPROVED: David Carmany, tity Manager A. Staff Report dated October 23, 2006 and Resolution #5507 B. Notice of Decision and Order to Abate Public Nuisance for 109 -117 Ocean Avenue C. SBMC §§ 7.35 through 7.40 D. Property Photos — May 4, 2009 ATTACHMENT A Staff Report dated October 23, 2006 and Resolution #5507 0 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. 0 BACKGROUND: Thd property at 109 -117 Ocean Avenue ( "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). 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 0.113ocuc=ts and SetbngsTDaveigaMcsktopll 17 ocean - Public Nuisance Staff ReportDOC1LW111 -03-03 Adoption ofResolution Declaring a Public Nuisance at 117 Ocean Ave- City Council StaffReport 0 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 W. Pelochino contacted I-&. 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. LI 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. 117 Ocean Avenue, f gidence) c Remove all ground cover, trees, debris, trash, sheds and fences. a 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. o 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. o Provide a plan for the property to the City for demolition or a remodeling plan for the property. 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. 117 Ocean - Public Nuisance Staff Rcpwt 2 H Adoption of Resolution Declaring a Public Nuisance at 117 Ocean Ave City Council staff Report October 23, 2006 PUBLIC NUISANCE ABATEMENT: NT: 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 7.40.015.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. RECOAUKENIDATION: Adopt Resolution Number 5 50 , A Resolution of the City Council of the City of Seal Beach Declaring a Public Nuisance at 117 Ocean Avenue. 6 e Whittenberg Director of Development Servic Attachments: 1) 2) Resolution Number550 A Resolution of fine City Council of the City of Seal Beach Declaring a Public Nuisance at 117 Ocean Avenue. Letter from Police Department dated October 4, 2006 117 Ocean - Public Nuisance Staff Report 3 E ATTACHMENT 1 RESOLUTION NUMBEit �5 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DECLARING A PUBLIC NUISANCE AT 109- 11'7 OCEAN AVENUE u L 0 �F r 1] RESOLUTION NUMBER 5507 A PRELIMINARY RESOLUTION OF THE CITY OF SEAL BEACH CITY COUNCIL DECLARING THE EXISTENCE OF A PUBLIC NUISANCE AT 109 -117 OCEAN AVENUE AND ORDERING THE COMMENCEMENT OF ABATEMENT PROCEEDINGS THE CTTY COUNCIL OF THE CTTY 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'l. 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 throughout the night. Vandals, transients and suspected drug dealers have breached the plywood in several locations through forcible entry. There have been approximately 30 calls for police service for incidents occurring on the subject property included trespassing, illegal entry, and illegal drug activity. The police department believes that people have been entering the house for the purpose of using controlled substances and that the house may be a methamphetamine lab. Several trees and overgrown vegetation need removal or trimming. Debris and combustible materials are strewn all over the subject property. Stray animals, including raccoons, occupy the subject property. The building contains beehives and other potential hazards. Section 3. The City has notified the property owner by mail and telephone. The owner has expressed willingness to comply with the City's request for cleanup, demolition or renovation of the building. However, to protect the public health, safety and welfare, city involvement is needed to expedite abatement of the nuisance. Section 4. Seal Beach Municipal Code ("SBMC'l § 7.35.010.A defines public nuisance as: "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." Section 5. SBMC'Cliaptec,7.40 and California Civil Code § 3494 authorize the City to abate public duisances. SBMC § 7.40.10A provides that the owner is responsible for abating ttie nuisance and all costs associated with the abatement, include without limitation cosis associated ^ with: inspection; investigation; boundary determination and aressurcplot; .staff time; processing; clerical and associated acts; attorney services; and costs to repair and eliminate all substandard conditions. SBMC § 7.40.10 B provides that the prevailing party in any action, administrative proceeding or special procedure to abate•a public nuisance pursuant to § 7.40.10 may recover its reasonable attorneys' fees in those individual actions or proceedings wherein the city elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorneys' feem The City Council hereby elects to seek recovery of its attorneys' fees incurred in connection with this abatement procedure. Section 6. Based upon the foregoing, and based upon substantial evidence in the record, including but not limited to the staff report and public testimony, the Council hereby finds and declares that a nuisance exists at 109 -117 Ocean Avenue. The dangerous condition of the subject property is a threat and injurious to the public health, Resolution Number 5507 safety and welfare and constitutes a public nuisance per se (SBMC Chapters 7.35 and 7.40). The following conditions, both individually and cumulatively, constitute a nuisance: A. The presence of junk, trash, debris, building materials, substantial quantities of loose earth, rocks or pieces of concrete. SBMC § 7.35.010.B.7.a. B. The presence of abandoned, discarded, unused or deteriorating materials, objects or equipment, including without limitation plywood, fumiture, bedding, machinery, packing boxes, cans, containers onvehicles. SBMC § 7.35.010.B.7.b. C. The condition of the structure and landscaping, visible from the adjacent properties and street, which detrimentally affect the aesthetic and economic value of the properties in the immediate vicinity. SBMC § 7.35.010.B.7.d. D. The accumulation of combustible material. SBMC § 7.35.010.B.7.e. E. The partially destroyed or otherwise structurally unsound structure, or component thereof. SBMC § 7.35.01 0.13.7t F. Dirt, rubbish, weeds and rank growth. SSMC § 7.35.010.B.7.h. Section 7. The City Council hereby directs staff to serve the property owner and any occupants with a written Notice to Abate a Public Nuisance in a form approved by the City Attorney, in accordance with the provisions of Municipal Code Section 7.40.015. The notice shall specify a date and time for a hearing to provide an opportunity for the owner, occupants and any other interested party to testify before a hearing officer about the condition of the subject property. PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach at a meeting thereof held on the 23rd day of -October 2006, by the following vote: AYES: Councilmembers cA&" YA/%7 NOES: Councilmembers ABSENT: Councilmembers ABSTAIN: Councilmembers ATTEST: Ci Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SEAL BEACH ) a& La'," Mayor 1, Linda Devine, City Clerk of Seal Beach, California, do hereby certify that the foregoing resolution is the original copy of Resolution Number 5507 an file in the office of the City Clerk, passed, approved, and adopted by the City Council of the City of Seal Beach, at angular meeting thereof held on the 23d day of October , 2006. City Clerk �t C 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: 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) o Remove all ground cover, trees, debris, trash, sheds and fences • 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) • 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. 1 will forward the consent to Animal Control personnel. 117 Ocean Avenue, (Home) ® Remove all ground cover, trees, debds,,trash, sheds and fences. • All bids completed by Wednesday, October 11, 2006 and copies sent to Sergeant Steve Bowles at the Seal Beach PD. (Fax 562.493.0634) • 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, 2006.1 will forward the consent to Animal Control personnel. ® Immediately CAP ALL UTILITIES and have them turned off from the utility companies. o Complete utilities by Friday, October 6, 2006. 40 Remove the Volvo from the property. o Complete removal by Friday, October 20, 2006 o 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. 2 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 f. +k C7 T'imellne for Completion f• Ocean Avenue Bids for removal of trash and debris as outlined Wednesday, October 11, 2006 Completed abatement of property as outlined Monday, October 23, 2006 117 Ocean Avenue (Lot with Residence) Bids for removal of trash and debris as outlined Completed Abatement of property as outlined Sian Consent for Long Beach Animal Control Sian Consent for City to secure property Cap and Turn Off all Utilities Remove Volvo from property Remove bee infestation Complete Termite Report Agreed Ug_on termite eradication plan Plan for Demolition Plan for Restoration for Occupancy Wednesday, October 4, 2006 Monday, October 23, 2006 Friday, October 6, 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 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 Email: Sbowles&l.seal- beach.ca.us 4 �I O Y • i t. AML 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 ?) 2) 4) ) T) 8) Seal Beach Code Enforcement Seal Beach Planning and Building Seal Beach Clay Attorney's office Seal Beach Police Department Orange County Fire Authority Long Beach Animal Control Orange County Vector Control 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 inciuding 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. 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 1) Removal of all ground cover, debris, trash and shed structures. 2) Remove abandoned Volvo from driveway 3) Cap all the utilities. (ALL UTILITIES ARE Old) 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. 11 ASEAL 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 propertles. 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 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. Aalk IF Orange County Vector Control I spoke with Bob Huff, Inspector with QC Vector Control and he conducted an inspection of the properly. 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. Mr. Pelochino will be awaiting formal direction from the City. 7. J Abatement Recommendations 109 Ocean Avenue (Vacant Lot) o 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 a Raze the entire lot to a dirt lot. If not an option; move to the following: • Remove all of the ground cover, debris, trees, and the sheds. • Removal of the abandoned Volvo in the driveway. • Secure foundation access. • Secure all entrances and exits. • Remove the active bee infestation. • Service property for termite infestation and subsequent dry rot and termite damage. • Remove all animals from the property and work with Long Beach Animal Control to mitigate the loss of animal life. U Stakeholder Information John Polochino, 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 Da Volga, Senior Planner City of Seal Beach 562.431.2527 Steve Bowles, Sergeant City of Seal Beach Police Department 562.799.4100 Ext 603 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 bluff, Inspector Orange County Vector Control 714.971.2421 Seal Beach Animal Carve Center Notice of Decision and Order to Abate Public Nuisance for 109 -117 Ocean Avenue BY CERTIFIED MAIEL, RETURN RECEIPT REQUES'T'ED, AND FIRST CLASS MAIL NOTICE OF DECISION DATE: PROPERTY LOCATION: PROPERTY OWNER MAILING ADDRESS: COPY TO: ISSUED BY: December 14, 2006 109 -117 Ocean Avenue Seal Beach, CA 90740 A.P.N. (lot and block number) 199 - 145 -9 and 199- 145 -10 Mr. John Pelochino ( "Owner") 129 Manzanita Road Route 1, Aspendell Bishop, CA 93514 Christine Arendas 1705 Lake Avenue Huntington Beach, CA 92648 City of Seal Beach 211 8th St. Seal Beach, CA 90740 -2527 (562) 431 -2527 Notice to Abate a Public Nuisance: 109 -117 Ocean Avenue, Seal Beach TO OWNER AND HIS REPRESENTATIVES YOUR ATTENTION IS HEREBY DIRECTED to the provisions of Title 7, Chapters 7.35 and 7.40 of the Seal Beach Municipal Code ( "SBMC') on file in the office of the City Clerk at City Hall, 211 8th St., Seal Beach, CA 90740 -2527. On October 23, 2006, the Seal Beach City Council adopted Resolution Number 5507, declaring the existence of a public nuisance at 109- 117 Ocean Avenue (the "subject property") in the City of Seal Beach. Pursuant to such Resolution, the City served the Owner with a notice to abate the nuisance, and provided the Owner with an opportunity to be heard by a hearing officer on November 9, 2006. At the hearing, two of the Owner's representatives appeared in person, and the Owner appeared by teleconference. At the conclusion of the hearing, the hearing officer ordered the Owner to submit a comprehensive schedule by November 27, 2006, indicating completion dates for the abatement of the conditions. However, Owner submitted inadequate documents, and has not met the deadlines suggested by the Owner's representative. Owner's abatement efforts have not satisfied the Hearing Officer, and the conditions constituting the Nuisance remain, unabated. Based upon the foregoing, the Hearing Officer hereby finds that a public nuisance exists on the subject property, and hereby orders that such nuisance be abated in accordance with the schedule printed below. You may appeal the Hearing Officer's decision by filing an appeal with the Seal Beach City Clerk within 10 days of the date of this notice. If no appeal is filed within such 10 day period, the Hearing Officer's decision shall be final. The following conditions at the subject property constitute a public nuisance under the Seal Beach Municipal Code ( "SBMC ") and violate state housing and health and safety laws: A. The presence of junk, trash, debris, building materials, substantial quantities of loose earth, rocks or pieces of concrete. SBMC § 7.35.010.B.7.a. B. . The presence of abandoned, discarded, unused or deteriorating materials, objects or equipment, including without limitation plywood, furniture, bedding, machinery, packing boxes, cans, containers or vehicles. SBMC § 7.35.010.B.7.b. C. The condition of the structure and landscaping, visible from the adjacent properties and street, which detrimentally affect the aesthetic and economic value of the properties in the immediate vicinity. SBMC § 7.35.010.B.7.d. D. The accumulation of combustible material. SBMC § 7.35.010.B.7.e. E. The partially destroyed or otherwise structurally unsound structure, or components thereof. SBMC § 7.35.010.B.7.f. F. Dirt, rubbish, weeds and rank growth. SBMC § 7.35.010.B.7.h. Notice of Hearing Officers Decison (Nuisance) - Ocean Ave 2 Notice to Abate a Public Nuisance: 109 -117 Ocean Avenue, Seal Beach YOU ARE HEREBY ORDERED to correct the following conditions: Seal Beach Municipal Code § 7.35.010 prohibits substandard or dangerous conditions of property. You are ordered to do the following on or before the following dates: 109 Ocean Avenue (Vacant Lot): Corrections to be Completed by December 31, 2006: ❑ Execute a consent form to allow Long Beach Animal Control to enter the property and set traps to attempt to trap all animals living on the property. ❑ Remove all trash and debris from the property. ❑ Remove all materials in the shed adjacent to the alley, and secure the shed structure or demolish and remove the shed structure. ❑ Repair the existing fence along the alley so that it does not "lean" into the alley right -of- way and ensure the structural stability of the fence, Corrections to be Completed by January 10, 2007. ❑ Landscape the lot with sustainable ground cover to prevent erosion and provide for regular maintenance. 117 Ocean Avenue (Residence): Corrections to be Completed by January 22, 2007: ❑ Demolish the residential structure at 117 Ocean Avenue or: ❑ If you intend to attempt to restore the existing residential structure for occupancy, you must complete the abatement of said building in' accordance with the following schedule. Corrections to be Completed by January 22, 2007: ❑ All required structural, safety, and utility rehabilitation activities to make the structure habitable to the satisfaction of the City and must be completed. Failure to comply with said "Schedule" will result in the City initiating action to abate the structure, including, but not limited to: ❑ Remove the bee infestation and provide proof of infestation removal. ❑ Remediate any termite infestation. ❑ Replace all broken windows and doors. ❑ Paint the building. ❑ Landscape and maintain the front,'side and back yards with turf or groundcover. ❑ Abate the interior of the house to a habitable condition with occupancy approval by the Building Official. . ❑ Remove all trash and debris from the property. ❑ Remove the abandoned and inoperable Volvo vehicle from the property. Notice of Hearing Officer —s Decison (Nuisance) - Ocean Ave 3 Notice to Abate a Public Nuisance: 109 -117 Ocean Avenue, Seal Beach Pursuant to SBMC §7.04.025, failure to comply with this Order to Abate may result in abatement by the City and the assessment against the Subject Property of such costs of abatement, including attorneys' fees. Among other remedies, the City may enter upon the property to abate the public nuisances and seek a court appointed receiver to maintain the property thereafter. In addition, the City's costs thereby incurred shall constitute alien against the property. City costs to date are currently estimated at $10,000. Finally, the lessor may not retaliate against any lessees pursuant to Civil Code Section 1942.5. Date: /2 - A&4V4�- - Mark Nfukojevic Director of Public Works CC: Quinn Barrow, City Attorney John Bahorski, City Manager Darryl Evans, Code Compliance Officer Sergeant Steve Bowles, Seal Beach Police Department Lee Whittenberg, Director of Development Services Notice of Hearing Officer —s Decison (Nuisance) - Ocean Ave 4 ATTACHMENT C SBMC §§ 7.35 through 7.40 Chapter 7.35 Public Nuisances § 7.35.005 Definitions. For the purpose of Chapter 7.35 and Chapter 7.40, the following words and phrases shall mean: A. "Hearing Officer': a city department head designated by the city manager, including without limitation the director of development services and director of public works /city engineer. B. "Occupant': any person in possession and/or control of any property, including without limitation the owner, owner's agent or employee, a lessee, lessee's agent or employee or a tenant, tenant's agent or employee. C. "Owner': the owner of record as shown in the county assessor's current 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. D. "Property': any grounds, lot, parcel, tract or other piece of land, as well as any building or other structure located thereon. § 7.35.010 Public Nuisances Prohibited. A. A public nuisance is any violation of this code or anything 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 a considerable number of persons even where the annoyance or damage inflicted upon individuals is unequal. The city council shall have the power to declare by resolution that any particular act or condition constitutes a public nuisance. B. In addition, each of the following acts or conditions constitutes a public nuisance: 1. Emission of Noxious Fumes or Odors. No person shall operate or maintain 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 which noxious fumes or odors are emitted. 2. Deposit of Harmful Material or Waste on Public Property. No person shall scatter, throw, place, discharge, deposit or leave, or cause, suffer or Title 7 —page 37 City of Seal Beach Municipal Code December 2004 Revised 1212007 permit to be scattered, thrown, placed, discharged, deposited or left, any refuse matter, waste matter, rubbish, garbage, effluent, carcasses or remains of any creature, or any portion thereof, paper, empty containers, remnants of any food or other waste, trash or broken glass, nails, tacks, dirt, or any substance or material whose presence at such location might result in injury to any person in or upon any public property, including without limitation the beach or pier. Notwithstanding the preceding, a person may discard items in receptacles designated for such items. 3. Deposit of Petroleum Product on Any Property. No person shall cause or permit any oil, waste oil, oil refuse, oil waste matter or any petroleum product or by- product, to be or remain on the surface of any private or public property, except in an oil sump property legally designated to contain and restrain such materials. 4. Disturbing of the Peace. No person shall willfully disturb the peace or quiet of any neighborhood or person by doing any of the following: a. Creating or causing to be created any loud, unnecessary or unusual noises. or firearm. b. Firing without just causes any pistol, revolver, shotgun C. Fighting. d. Threatening or challenging to fight. e. Harboring a noisy - animal or allowing an animal to create a sound or cry that interferes with comfortable enjoyment of life or property. f. Acting in an offensive manner. 5. Obstruction on Public Property. No person shall obstruct any street, alley, sidewalk, public way or public property by causing or permitting to be placed, erected or set in position any fence, post, or other barrier, or by sitting in or upon, any public hallway, public sidewalk or public walkway area. This prohibition does not prohibit sitting on the seat of a bench legally placed upon a public hallway or upon a public sidewalk, or standing on the sidewalk at a bus stop•for the purpose of boarding a bus. 6. Encroachment on Public Property. No person shall erect, construct or maintain any structure, in whole or in part, in or on any street, alley, Title 7 — page 38 City of Seal Beach Municipal Code December2004 Revised 1212007 sidewalk, public way or public property, without an encroachment permit. This provision shall not apply to lawfully installed newsracks. 7. Substandard or Dangerous Property Conditions. No person shall cause or to allow any condition on its property, or on an adjacent sidewalk, that increases the danger of fire or other calamity or that results in substantial detriment to the property of others in the immediate vicinity. Such conditions include without limitation 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 without limitation furniture, bedding, machinery, packing boxes, cans, containers or vehicles. C. The presence of stagnant water, excavations, eroded or eroding earth or sand that sloughs onto adjoining sidewalks or street, or eroded or eroding earth or sand that in normal weather conditions can be carried off or blown from the property as dust. d. Any fence, structure, or landscaping that is visible from any adjacent property, street, road, highway, alley, or right -of -way that may detrimentally affect the aesthetic and economic value of the property in the immediate vicinity. e. The accumulation of any kind of combustible material f. Any structure, or any structural component thereof, that is partially destroyed or otherwise structurally unsound. g. Any defective wiring, switches, gas lines, valves, pipes or any component part of the electric, gas, water or plumbing systems. h. Any dirt, rubbish, weeds or rank growth. § 7.35.015. Each Day a Separate Offense. Each day a nuisance continues to exist shall constitute a new and separate offense. Title 7 — page 39 City of Seal Beach Municipal Code December2004 Revised 1212007 Chapter 7.40 Nuisance Abatement § 7.40.005 Definitions. For the purpose of this chapter, the definitions set forth in Chapter 7.35, Section 7.35.005 apply. § 7.40.010 Abatement. A. The owner and the occupant of any property where a public nuisance is located shall be jointly and severally responsible for abating the public nuisance and for all costs associated with the abatement. The cost of abatement of the public nuisance and related administrative costs shall include without limitation costs associated with: inspection; investigation; boundary determination and measurement; staff time; processing; _clerical and associated acts; attorney services; and costs to repair and eliminate all substandard conditions. If such public nuisance has not been abated within the time prescribed by this chapter, the city council may authorize the abatement, including without limitation the removal or destruction of the nuisance, as hereafter provided. B. The prevailing party in any action, administrative proceeding or special procedure to abate a public nuisance pursuant to this section may recover its reasonable attorneys' fees in those individual actions or proceedings wherein the city elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorneys' fees. In no action, administrative proceeding, or special proceeding shall an award of attorneys' fees to any prevailing party exceed the amount of reasonable attorneys' fees incurred by the city in the action or proceeding. C. The city may collect the costs and attorneys' fees associated with the abatement by any or all of the following methods: agreement; settlement; civil compromise; filing a cost bill in a civil action; recording a nuisance abatement lien against the property where the nuisance is or was located; or imposing a special assessment against the property where the nuisance is or was located. § 7.40.015 Procedure. Except for code violations and other nuisances per se, the city shall_ comply with the following process to declare a public nuisance: A. Resolution. City council shall adopt a preliminary resolution declaring that a public nuisance exists. If the nuisance is located at or upon a specified location, the resolution shall identify the property by street address and Title 7 —page 40 City of Seal Beach Municipal Code Oecember2004 Revised 12/2007 lot and block number. The resolution may include any number of separate or contiguous streets, sidewalks, or parcels of private property. B. Notice of Violation. The city shall notify the owner and occupant by serving a written Notice to Abate a Public Nuisance in a form approved by the city attorney. C. Service of Notice. Notice shall be provided at least 5 days prior to the time scheduled for a hearing. Notice may be given in any of the following ways: 1. Posted Notice. At least one posted notice shall be conspicuously affixed on or in front of the property per every 50' of street frontage. The caption of the "Notice to Abate" shall be in letters at least 1" in height. 2. Notice By Mail. Mailed notice shall be sent by registered or certified mail, postage prepaid, to each person to whom the property is assessed in the last equalized assessment roll and to the occupant of the property. 3. Notice by Personal Delivery. Personally delivered notice shall be made by leaving the notice at the residence of the occupant and the residence or place of business of the owner, between the hours of 8:00 a.m. and 6:00 p.m., with a person of not less than 18 years of age. D. Hearing. At the time stated in the notice, the hearing officer shall consider the testimony of any interested person and any. relevant evidence. Formal rules of evidence do not apply. The hearing officer may continue the hearing. E. Decision of Hearing Officer. The hearing officer shall make a finding as to whether a public nuisance exists on the subject property. The hearing officer shall file a report of such decision with the city council. If the hearing officer determines that a public nuisance exists, the hearing officer shall order that such nuisance be abated within a specified time. F. Notice and Appeal of Hearing Officer's Decision. The owner and occupant of the property shall be notified in writing of the hearing officer's decision within 3 days of the hearing. If the hearing officer finds that a public nuisance exists, the notice shall include an Order to Abate and applicable appeal provisions. The owner or the occupant may file an appeal with the city clerk within 10 days of the date of the notice. If no appeal is filed within such 10 day period, the hearing officer's decision shall be final. Title 7 —page 41 City of Seal Beach Municipal Code December2004 Revised 1212007 G. Notice and Hearing of Appeal. Notice of the city council hearing on the appeal shall be posted on the subject property. The city council shall consider the testimony of any interested person and any relevant evidence. Formal rules of evidence do not apply. The city council may continue the hearing. H. Decision of City Council. The city council shall make a finding as to whether a public nuisance exists. The city shall provide notice to the owner and occupant of the city council's decision within 3 days of the close of the hearing. If the city council finds that a public nuisance exists, the notice shall include an Order to Abate. The decision of the city council shall be final. § 7.40.020 Compliance. The owner or occupant of the subject property shall comply with an Order to Abate within the time specified by the hearing officer or, if the hearing officer's decision was appealed, the time specified by the city council. 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 and all costs associated with the abatement. § 7.40.025 Failure to Comply; Abatement by City or Private Contractor. In addition to any criminal penalties imposed, 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. The city council may award a contract to abate the public nuisance to a private contractor. The city may obtain an abatement warrant or any other authorization required by law to authorize city or private contractor employees to enter upon private property to abate a nuisance. The director of public works /city engineer or 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. § 7.40.030 Cost Report — Posting. A copy of the itemized written report showing any costs associated with the abatement shall be posted for at least 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. § 7.40.035 Cost Report — Hearing. The city council shall hear any objections assessed for the city's costs. Formal rules of evic heating. The city council may modify the report. Title 7 — page 42 City of Seal Beach Municipal Code of the parties who may be lence shall not apply at such The city council shall then December 2004 Revised 1212007 confirm the report, as may be modified, by resolution. The decision of the city council shall be final. § 7.40.040 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. § 7.40.045 Collection of Costs. A. After confirmation of the report, the assessment shall be collected in any of the following ways: 1. The owner or occupant of the property described in the notice may pay the amount due on the abatement to the director of public works /city engineer after the confirmation of the report and until 10 days before a copy of such report is given to the county assessor and tax collector, or, if certified copies were filed with the county auditor, until August 1 following the confirmation of the report. 2. 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. B. Notwithstanding the preceding, the city council may direct that the assessment be collected in successive annual installments at the time and in the manner of property taxes. Such installments shall be subject to the same penalties and procedures for foreclosure and sale for delinquencies applicable to property taxes. An assessment payment made in installments may include interest on the unpaid balance at -a rate to be determined by the city council. § 7.40.050 Refunds. 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