HomeMy WebLinkAboutCC AG PKT 2003-11-10 #K •
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AGENDA REPORT '
DATE: November 10, 2003
TO: Honorable Mayor and City Council
THRU: John B. Bahorski, City Manager
FROM: Quinn M. Barrow, City Attorney
Lee Whittenberg, Director of Development Services
SUBJECT: DECLARING THE RESIDENTIAL PROPERTY
LOCATED AT 111 13 STREET 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 111 13
Street. This action will begin the public nuisance abatement process.
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BACKGROUND:
The property at 111 13 Street ( "subject property"), located in a Residential High
Density zone, has been in violation of several provisions of the Code of the City of Seal
Beach (the "Code ") since 2001. The property is a two -story structure, comprised of three
units, owned by Robert Russill. Mr. Russill lives on the second story in a one - bedroom
unit. Other tenants rent the first story -a two- bedroom space, studio and storage room.
The subject property first came to the City's attention in July 2001 when adjacent
property owners sent a letter to the City, outlining the property's deficiencies and
enclosing photographs. Since then, the City has attempted several times to open the lines
of communication with Mr. Russill and notify him of the various violations. First, on
November 14, 2001, Assistant Planner Mac Cummins sent Mr. Russill a letter requesting
an appointment to inspect the interior of the subject property and serving as notice of the
property's violations. The Code Enforcement Specialist, David Sturgill, conducted a site
inspection on February 18, 2002, observing roofing work performed without permits,
broken windows and general dilapidation. Later, in March 2002, Mr. Sturgill attempted
to schedule an interior inspection, issuing Mr. Russill a second notice and deadline of
March 14, 2002. On March 14, 2002, Mr. Sturgill sent Mr. Russill a Final Notice to
schedule an inspection. Concurrently, Mr. Sturgill called and visited the property,
speaking to tenants regarding Mr. Russill's whereabouts.
AGENDA ITEM k
Z.\My Documents \BUILDING \111 13th Street.Public Nuisance Abatement.CC Staff Report DOC \LW\11 -05 -03
Adoption of Resolution Declaring a
Public Nuisance at 111 Thirteenth Street
City Council Staff Report
November 10, 2003
Eventually, Mr. Sturgill inspected the property on April 30, 2002, and determined that the
property has been in violation of several provisions of the Code and state housing laws.
The property is replete with substandard or dangerous property conditions in violation of
Section 14 -9 of the Code and Health and Safety Code Sections 5410 and 13104.5.
• A defective waste line system discharges untreated sewage into the public right -
of -way.
• On the first floor, the kitchen stove is inoperable, the water heater needs vent
termination and seismic strapping, and electrical conductors need replacing.
• The roof of the storage room has rotted due to leaks, moisture damage and wood
fungus.
• Propane tanks are stored next to the storage room.
• Smoke detectors have to be installed in the bedrooms, hall, living room and the
studio.
• On the second floor, the balcony floor has weakened due to moisture - damage, the
flooring in the bathroom has deteriorated and several broken windows need to be
replaced.
Debris and combustible materials are scattered throughout the property in violation of
Sections 14 -9 and 10 -25 of the Code and Section 14875 et. seq. of the Health and Safety
Code. Weeds abound the property and trash is stacked on the porches. Old tires are
stored on the side of the storage room. Work on the structure and roof has been
performed without building permits in transgression of Section 5 -6 of the Code.
After the inspection was conducted and the City obtained a "Special Inspection" permit,
the City issued a target date of compliance for August 8, 2002. Although Mr. Russill
obtained a permit for construction, the balance of the deficiencies persists.
The City explored other solutions like providing financial assistance to Mr. Russill
through the Redevelopment Agency Home Improvement Program. Although Mr. Russill
applied for a loan under the program, his application was incomplete and his income
could not be verified. Further, the City's calls and letters to secure additional information
went unanswered.
In August of this year, Civicstone, Chuck Feenstra from the Building Department and
two contractors viewed and assessed the subject property. The contractors estimated the
cost of repairing and rehabilitating the property to be in the range of $250,000 -
$300,000. At such a price, it would be just as feasible to construct new units. Based on
these figures, demolition of the structure might very well be the best option.
PUBLIC NUISANCE ABATEMENT:
Sections 14- 11to14 -22 of the Code provide the public nuisance abatement procedures.
First, the City Council must adopt a resolution pursuant to Section 14 -13, 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,
111 13th Street. Public Nuisance Abatement.CC Staff Report 2
Adoption of Resolution Declaring a
Public Nuisance at 111 Thirteenth Street
City Council Staff Report
November 10, 2003
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 14 -18, 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 111 13 Street.
NOTED AND ' ,r 'ROVED:
f Whi enberg John B. VI orski
irector of Development Servi - s City Jager
Attachment: Resolution Number , A Resolution , the City Council of the City of
Seal Beach Declaring a Public Nuisanc at 111 13 Street
111 13th Street.Public Nuisance Abatement.CC Staff Report 3