HomeMy WebLinkAboutCC AG PKT 2011-03-28 #NAGENDA STAFF REPORT
DATE: March 28, 2011
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, Acting City Manager
FROM: Mark Persico, AICP, Director of Development Services
SUBJECT: CONFIRM PUBLIC NUISANCE_ ABATEMENT COSTS
OF $29,818.75 FOR 3840 ROSE PURSUANT TO
MUNICIPAL CODE SECTION 7.40.030 ET SEQ.
SUMMARY OF REQUEST:
Adoption Resolution Number 6122 recovering costs associated with the nuisance
abatement recently completed 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 No. 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:
The total cost for the nuisance abatement is $29,818.75 (see Attachment B).
The City Council previously approved a budget amendment of $13,511 on
February 14, 2011. Staff is seeking a second and final budget amendment of
$16,308 for the nuisance abatement. (Budget Amendment No. 11 -09 -01 - Agenda Item
.
ANALYSIS:
The original Abatement Warrant was issued by Orange County Superior Court on
June 21, 2010. However, after the Abatement Notice was posted Mr. Ward
Agenda Item N
Page 2
sought to complete the work himself. On June
Ward a building permit to re -roof his house, but
On January 13, 2011, Orange County Superior
for the City to complete the work. The court o
completed on or before February 11, 2011.
29, 2010, the City issued Mr.
he failed to complete the work.
Court issued a second warrant
rder required that the work be
Pursuant to Municipal Code Section 7.40.030 the City can perform work to abate
a public nuisance and recover those costs. The City Council must review and
adopt a cost recovery report detailing City expenses. The cost report must be
posted at City Hall for at least 3 days prior to City Council meeting. The report
was posted outside City Hall in the display case starting at 5:00 PM on Thursday,
March 24, 2011. A copy was also mailed to the property owner on March 24,
2011. The total cost of the nuisance abatement was $29,818.75, excluding City
staff time (Attachment B).
The costs constitute a special assessment on the property, and after the costs
are confirmed shall become a lien on the property. Staff will work with the
County Tax Assessor /Collector to collect the assessment.
RECOMMENDATION:
That the City Council adopt Resolution Number 6122 confirming public nuisance
abatement costs of $29,818.75 for 3840 Rose (Assessor's Parcel Number 217-
101-15) and direct staff to work with the County Tax Assessor /Collector to place
a lien on the property and collect the assessment.
SUBMITTED BY: NOTED AND APPROVED:
r
Mark H. Persico, AICP
Director of Development Services
2
Oill . Ingram,
Acting City Manager
Attachments:
A. Resolution No. 6122
B. Nuisance Abatement Cost Report
ATTACHMENT "A"
RESOLUTION NO. 6122
"A RESOLUTION CONFIRMING NUISNACE ABATEMENT COSTS
FOR 3840 ROSE PURSUANT TO MUNICIPAL CODE SECTION
7.40.030 ET SEQ. "
RESOLUTION NUMBER 6122
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
ADOPTING A COST RECOVERY REPORT VERIFYING PUBLIC
NUISANCE ABATEMENT COSTS OF $29,818.75 FOR 3840
ROSE (ASSESSOR'S PARCEL NO. 217 - 101 -15) AND
INSTRUCTING STAFF TO WORK WITH THE COUNTY OF
ORANGE TAX ASSESSOR/COLLECTOR TO COLLECT THE
ASSESSMENT
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE, FIND, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1 . On September 14, 2009, the City Council adopted Resolution
No. 5916 declaring 3840 Rose a public nuisance and ordering commencement of
abatement proceedings.
Section 2 . On Jun 21, 2010, Orange County Superior Court issued
Abatement Warrant No. 2676 to allow the City entry onto the property to abate the
public nuisance. On June 29, 2010, Mr. Brian Ward, the property owner,
determined to complete the property improvements himself, and the City issued a
building permit to re -roof the existing single family house. Mr. Ward failed to
complete the work under the building permit in a timely manner and the building
permit expired.
Section 3 . On January 13, 2011, Orange County Superior Court issued a
second Abatement Warrant No. 2948 for 3840 Rose. The Warrant required that
the City complete the work and leave the property on or before February 11, 2011.
Section 4. On January 24, 2011, McClain Roof Inc. entered 3840 Rose to
commence the property improvements. The work was completed on February 8,
2011.
Section 5 . Staff prepared and posted a cost recovery report on March 24,
2011, at City Hall pursuant to Municipal Code Section 7.40.035, and mailed a copy
of the report to Mr. Brain Ward.
Section 6 . The City Council hereby accepts the cost recovery report in
the amount of $29,918.75 pursuant to Municipal Code Section 7.40.030. The City
Council hereby orders that a lien be placed on 3840 Rose (Orange County
Assessor's Parcel Number 217 - 101 -15).
Section 7 . The City Council hereby instructs the Director of Development
Services and the Director of Administrative Services to work with the County of
Orange Tax Assessor /Collector to collect the assessment in annual installments
or as a separate bill pursuant to Municipal Code Section 7.40.050.
(Intentionally Left Blank)
Resolution Number 6122
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a
regular meeting held on the 28th day of March , 2011 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
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, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 6122 on file in
the office of the City Clerk, passed, approved, and adopted by the Seal Beach
City Council at a regular meeting held on the 28th day of March , 2011.
City Clerk
ATTACHMENT "B"
PUBLIC NUISANCE ABATEMENT COST REPORT
PURSUANT TO MUNICIPAL CODE SECTION 7.40.030.
Public Nuisance Abatement Cost Report
3480 Rose Street
Billing Agent
Description
Amount Billed
Total Due
McClain Roofing Inc.
Invoice Dated 1/5/11 (See Attached)
$8,268.00
McClain Roofing Inc.
Invoice Dated 1/5/11 (See Attached)
$14,290.75
$22,558.75
City Attorne
44 Hours @ $165.00/hr. See Attached
$7,260.00
$7,260.00
Grand Total
$29,818.75
McClain Roofing Inc.
12812 Valley View Street # 33
Garden Grove, CA 92845
Tel 714 - 897 -1780 Fax 714 - 897 -8754
LIC. NO. 625013
To: City of Seal Beach
Address:
Email-fzarate@ci.seal-beach.ca.us
Contact name: Fernando Zarate
Phone: 562 - 431 -2527 Ext. 1327
Quotation and Contract
Date: 1/5/11
Project Name:
Address: 3840 Rose
Seal Beach, CA
Contact name:
Phone:
Description of work:
Tear off 1 existing wood shingle roof and haul away to a place of refuse.
Install 1) 7/16" OSB board.
2) 1 '/s" painted drip edge metal.
3) 1 layer #30 ASTM felt.
4) 30 year dimensional composition.
5) Ridglass.
Upgrade to radiant barrier plywood add $500.00.
Note: Rotten wood rough estimate $3,000.00 - $4,000.00.
• All new valley metal, roof flashings, and chimney step flashings to be installed, sealed and painted.
• Any major repairs will be brought to the owner's attention.
• Workmanship warranty for twenty years plus manufacturers transferable product warranty. Flat roofs ten year workmanship
warranty.
• Clean up upon completion.
• We furnish labor and materials releases. Certificates of Liability and Workman's Compensation Insurance provided upon request.
• For the sum of $ 8,268.00 .
PROPOSED BY Kevin McClain cell 714 337 -1662 DATE 1/5/11
THIS PROPOSAL IS GIVEN FOR ACCEPTANCE WITHIN 10 DAYS. ORDERS SUBJECT TO DELAY AND CANCELLATION FROM CAUSES BEYOND OUR
CONTROL, INCLUDING ACTS OF GOD, LABOR DISTURBANCES, CAR SHORTAGE, WAR OR ACTS OF THE GOVERNMENT.
WORK GUARANTEED (EXCLUDING PATCHWORK) AS PER COPY OF GUARANTEE ON REVERSE SIDE OF ORIGINAL SHEET OF QUOTATION &
CONTRACT. ON ALL NEW CONSTRUCTION THE WORK AREA IS TO BE CLEAN ACCESSIBLE AND READY FOR OUR WORK TO BE PERFORMED ON
DATE AGREED FOR APPLICATION. THE ABOVE PRICE IS BASED ON ALL WORK TO BE READY AT SAME TIME. EXTRA SET -UPS TO BE CHARGED
FOR UNLESS OUTHERWISE NOTED. UNLESS OTHERWISE AGREED, THE ABOVE PRICE SHALL BE DUE AND PAYABLE UPON COMPLETION OF SAID
WORK, AND THEREFORE SHALL BEAR INTEREST AT THE RATE OF 1 'A% PER MONTH.
IF NOT SO PAID AND LEGAL ACTION BECOMES NECESSARY TO COLLECT, THE UNDERSIGNED AGREES TO PAY ATTORNEY'S FEES, INTEREST AND
DAMAGES AND COSTS TO BE ALLOWED BY THE COURT.
NO TERMS, CONDITIONS OR AGREEMENTS HAVE BEEN MADE BY EITHER OF THE PARTIES HERETO EXCEPT AS CONTAINED HEREIN OR
ENDORSED HEREON. IF EITHER THE PROPOSAL AND CONTRACT IS MADE AT OTHER THAN THE PREMISES AT WHICH CONTRACTOR OR OWNED
NORMALLY CARRIES ON A BUSINESS, THEN YOU, THE BUYER, MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD
BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION.
QUOTATION SUBJECT TO APPROVAL BY HOME OFFICE.
IIVVE HEREBY ACCEPT THE ABOVE PROPOSAL AND AGREE TO ABIDE BY ITS TERMS AND CONDITIONS.
ACCEPTED BY DATE TELEPHONE ( )
APPROVED BY DATE
McCLAIN ROOFING INC.
PLEASE VERIFY ALL ADDRESSES ABOVE • ADDITIONAL AGREEMENT PROVISIONS ON REVERSE
McClain Roofing Inc.
12812 Valley View Street # 33
Garden Grove, CA 92845
kim @mcclainroofing.com
Tel 714 - 897 -1780 Fax 714 - 897 -8754
LIC. NO. 625013 www.mcclainroofing.com
SOLD TO: City of Seal Beach
Address:
Email: fzarate @ci.seal - beach.ca.us
INVOICE
Date: 2/17/11
SHIPPED TO:
Address: 3840 Rose Street
Seal Beach, CA 90740
CUSTOMER ORDER SALESMAN TERMS
Contract Kevin Upon receipt
Work completed per contract
Permit #69857
Wood replacement-
$ 8,268.00
$ 229.75
56 top rafter tails @ $65.00 each discounted to $50.00 each $ 2,800.00
36 garage rafter tails @ $65.00 each discounted to $50.00 each $ 1,800.00
3 bottom rafter tails @ $65.00 each discounted to $50.00 each $ 150.00
10 blocks @ $15.00 each $ 1,500.00
15 lookouts @ $30.00 each $ 450.00
194' 2 story 2 x 8 Windsor One facia @ $9.00 per ft. $ 1,746.00
127' 1 story Windsor One facia @ $7.00 per ft. $ 889.00
1392' 1 x 8 primed shiplap @ $3.00 per ft. $ 4,176.00
200' 1 x 6 doug fir @ $2.75 per ft $ 550.00
McClain Roofing will not charge for the engineers report and will
roof the patio on us.
Total
$22,558.75
Thank vrniI
Page 1 of 1
Mark Persico
From:
Jennifer Petrusis [J Petrusis@rwg law. com]
Sent:
Tuesday, February 15, 2011 10:58 AM
To:
Mark Persico
Cc:
Quinn M. Barrow
Subject: 3840 Rose Abatement Legal Fees
Good morning, Mark:
I have gone through our billing and determined how many hours and how much has been billed to the City for
the abatement work on 3840 Rose. I have spent 44 hours on the project, which includes the work on the first
abatement warrant we obtained in June 2010. Given a billing rate of $165.00 per hour, this amounts to
$7,260.00 in legal fees billed to the City.
Please let me know if you need any additional information for your report to City Council.
Best,
Jennifer Petrusis
213 - 253 -0237
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3/17/2011