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Home My WebLink AboutCC AG PKT 2009-09-14 #KAC~EN®A STAFF REP®RT DATE: September 14, 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 3840 ROSE STREET A PUBLIC NUISANCE SUMMARY OF RE(~UEST: It is recommended that the City Council adopt Resolution No. 5916, A Resolution of the City Council of the City of Seal Beach Declaring a Public Nuisance at 3840 Rose Street. This action will begin the public nuisance abatement process. SACI(GROUND: Staff has the opinion that the property at 3840 Rose Street ("subject property"), located in a Residential Low Density zone is a public nuisance. The property at 3840 Rose Street has asingle-story residential structure and is owned by Mr. Brian P. Ward. 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 since August of 2007 based on resident complaints and observations by the City's Code Enforcement Staff. Previous violations that have occurred at the site include a deteriorated roof, the lack of front yard landscaping and/or the existence of weeds, trash, and debris in yards. Staff has previously 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 from the property. ^ Repair deteriorated roof and obtain a building permit for the roof repair. Agenda Item K Page 2 The City has also tried to contact Mr. Ward regarding the availability of the various Redevelopment Agency Home Improvement loan and grant programs that are available to provide financial assistance to alleviate the above-described public nuisance matters. Mr. Ward has not responded to any of those attempts to contact him. 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 hearing 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 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. 0=1NANCIAL IMPACT: Minor. Allocation of staff resources to prepare appropriate staff reports and resolutions, conduct a hearing on the abatement order. RECOMMENDATION: Adopt Resolution No. 5916, A Resolution of the City Council of the City of Seal Beach Declaring a Public Nuisance at 3840 Rose Street. Page 3 SUBMITTED BY: ~~~ ~` a hittenberg, Director e artment of Development Services NOTED AND APPROVED: David Carmany, ity Manager Attachments: 1) Resolution Number 5916, A Resolution of the City Council of the City of Seal Beach Declaring a Public Nuisance at 3840 Rose Street 2) Final Notice -August 18, 2009 RESOLUTION NUMBER 5916 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL DECLARING THE EXISTENCE OF A PUBLIC NUISANCE AT 3840 ROSE STREET 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 September 14, 2009, the City Council heard testimony and considered evidence regarding the condition of the property at 3840 Rose Street (the "subject property"). Section 2. The subject property contains a single-story residential structure owned by Mr. Brian P. Ward. 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 not expressed any willingness to comply with the City's request for cleanup of the property and renovation of the building. Therefore, in order 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 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 3840 Rose Street is in a substandard condition and constitutes a public nuisance, given the subject property contains, inter alias 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.O10.B.7.f. Resolution Number 5916 C. Dirt, rubbish, weeds or rank growth. See, 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 7.40.0156. The notice shall specify a date and time for a hearing before a hearing officer to determine whether abatement is necessary. Pursuant to Section Municipal Code 7.40.0106, the City is hereby electing to seek recovery of its own attorneys' fees incurred in connection with this abatement. PASSED, APPROVED AND ADOPTED by the City Council of Seal Beach, at a meeting hereof held on the 14th day of September .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 the City of Seal Beach, California, do hereby certify that the foregoing resolution is the original copy of Resolution Number 5916 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 held on the 14th day of September , 2009. City Clerk ~~~ o SENT 1st CLASS MAIL AND CERTIFIED MAIL The City of Seal Beach has become aware that the following property: Street # 3840 Street Name Rose St Cross Street and the property owner is: Zone BRIA[d P. lIVARD 3840 ROSE SEAL BEACH CA 90740 has the following City Code Violations: Code Section Violation s. Case_Num , o Notice sent: 8/18/2009 APN 217-101-15 District 601.1 UHC GENERAL STRUCTURAL REQUIREMENTS ~ 601.2 UHC SHELTER 601.3 UHC PROTECTION OF MATERIALS 7.35.010.8. PUBLIC NUISANCES PROHIBITED 7.d.f.h SBMC v The following action must be taken by the property owner: REPAIR DETERIORATED ROOF, PAINT ALL BARE WOOD. REMOVE ALL WEEDS, TRASH AND DEBRIS. OBTAIN BUILDING PERMIT FOR RE-ROOF. The City will inspect the property to determine compliance on or shortly after:Tuesday, August 25, 2009 Failure to comply will result iri 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 comm egarding this matter. Have your case number when calling. /2009 Planning D artment