HomeMy WebLinkAboutCC AG PKT 2011-02-14 #I AGENDA STAFF REPORT -
DATE: February 14, 2011
TO: Honorable Mayor and City Council
THRU: Patrick P. Importuna, City Manager
FROM: Mark H. Persico, AICP, Director of Development Services
SUBJECT: BUDGET AMENDMENT INCREASING THE BUILDING
AND SAFETY DIVISION BUDGET BY $13,511 FOR A
NUISANCE ABATEMENT ACTION - 3840 ROSE
SUMMARY OF REQUEST:
Authorize an increase to the Building and Safety Division budget of $13,511 for a
nuisance abatement action performed at 3840 Rose.
BACKGROUND:
This code compliance case began in 2005 when the property owner, Mr. Brian
Ward, was issued a notice of violation for failing to maintain his roof in good
repair. Over a period of several years Mr. Ward was issued a series of notices all
to no avail. Finally, on September 14, 2009, the City Council adopted Resolution
5916 declaring the property a public nuisance and ordering commencement of
abatement proceedings. The Resolution set in motion a court filing and a request
for an Abatement Warrant. A court ordered Abatement Warrant allows the City to
enter the property to make the necessary repairs and recover those costs from
the property owner.
FINANCIAL IMPACT:
This is an unbudgeted item, which will increase the budget amount of account
number 001 - 031 -4400 (Building & Safety, Contract Services) by $13,511. (Item "E"
- Budget Amendment No. 11- 08 -01)
ANALYSIS:
An Abatement Warrant was issued by Orange County Superior Court on June
21, 2010; however, even after a warrant is issued an owner has a right to make
the necessary repairs. Mr. Ward notified the City Attorney's Office on June 28,
Agenda Item 1
Page 2
2010, the day the City was scheduled to start the work, that he would be
completing the re -roof project himself.
A building permit was issued to Mr. Ward on June 29, 2010, and he started the
re -roof project. Unfortunately, he has made very little progress and, in fact, the
house looked worse than when he started the project in June.
Mr. Ward's building permit expired before he completed the work and the City
Attorney's Office went back to Court to obtain a second Abatement Warrant. On
January 13, 2011, Orange County Superior Court issued a second warrant for
the City to complete the work. The court order required that the work be
completed on or before February 11, 2011.
Due to the short timeframe to complete the work staff moved quickly to retain a
contractor to complete the work. McClain Roofing Inc. from Garden Grove was
selected for the job. The work was completed on February 4, 2011, and the
neighbors are very grateful for the work being completed. The cost of the re -roof
was $13,511.00. The cost was higher than expected because when Mr. Ward
started the work himself he removed several roof truss members that needed to
be replaced, and the fascia board for the entire house also needed to be
replaced. Pursuant to Municipal Code Section 7.40.025 the property will have a
lien placed on it for the amount of the re -roof and the amount of the City Attorney
fees. Staff will return to the City Council with a separate item to conduct a public
hearing to levy the assessment.
RECOMMENDATION:
Approve an increase to the Building and Safety Division budget of $13,511 for
the nuisance abatement action performed at 3840 Rose.
SUBMITTED BY: NOTED AND APPROVED:
Mark H. Persico, A ICP Patrick P. Importun
Director of Development Services City Manager