HomeMy WebLinkAbout0321 - Kargaudaite - Eigirdas, LLC - UpheldRESOLUTION NO. 0321
A RESOLUTION OF THE ADMINISTRATIVE APPEALS
BOARD OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ON THE APPEAL OF THE AMOUNT OF THE
ADMINISTRATIVE ABATEMENT FEES ASSESSED TO
EIGIRDAS LLC FOR VIOLATIONS OF PALM SPRINGS
MUNICIPAL CODE 11.72.162 AND 11.72.090
Jurisdiction: This administrative hearing is conducted in accordance with Palm
Springs Municipal Code 2.50 which confers jurisdiction upon the Administrative Appeals
Board.
WHEREAS The property located at 593 W. Avenida Cerca was constructed as a
single-family dwelling in 1962 located in the Desert Highland Gateway Estates
Neighborhood.
WHEREAS, In February 2021, A fire occurred at the property, resulting in
extensive damage that rendered the residence unsafe and uninhabitable; and
WHEREAS, In April 2022, The City of Palm Springs Code Compliance issued a
Notice of Violation letter to the property owner of record to seek voluntary compliance in
addressing conditions identified as a public nuisance; and
WHEREAS, In May 2022, The City of Palm Springs Building Department
condemned the property, and the applicable notice was posted at the property; and
WHEREAS, In June 2022, The City of Palm Springs Code Compliance team
conducted a reinspection of the property, noting that the nuisance conditions persisted
with no visible remediation efforts or attempts by the property owner of record to engage
with the city; and
WHEREAS, In June 2022, The City of Palm Springs Code Compliance submitted
a request to the City Attorney’s Office for legal assistance to review case details and
initiate abatement proceedings to address the remaining nuisance conditions in
violation; and
WHEREAS, In October 2022, The Superior Court of Riverside County issued an
Abatement Warrant authorizing entry, inspection, and abatement of the unlawful
nuisance conditions present at the property located at 593 W. Avenida Cerca; and
WHEREAS, In December 2022, In compliance with the Abatement Warrant, L.Y.
Environmental, Inc. was contracted to inspect the property located at 593 W. Avenida
Cerca to conduct testing for the presence of asbestos-containing materials and provide
a written report of their findings; and
Resolution No. 0321
Page 2
WHEREAS, In June 2023, The City of Palm Springs Procurement & Contracting
Department issued an informal quote request outlining the scope of work required for
property abatement. Responses were received from four separate bidders, with the
quote from Servpro of Chino/Chino Hills being selected as the lowest bidder, covering
all required scope items; and
WHEREAS, In September 2023, Abatement of the property located at 593 W.
Avenida Cerca was initiated by Servpro of Chino/Chino Hills, with all nuisance
conditions successfully abated and the work completed in October 2023; and
WHEREAS, In February 2024, A Notice of Assessment was issued to the
property owner of record, including an itemized invoice detailing all costs and expenses
incurred by the City and specifying the amount due as a result of the enforcement
action; and
WHEREAS, the Administrative Appeals Board opened and conducted a duly
noticed Administrative Appeal Hearing on November 13, 2024; and
WHEREAS, the Administrative Appeals Board was presented evidence that
Eigirdas LLC was assessed a fee equal to all costs and expenses incurred by the city to
abate the nuisance conditions on the property; and
WHEREAS, the Administrative Appeals Board has carefully reviewed and
considered all the evidence presented in connection with said appeal on November 13,
2024; and
Resolution No. 0321
Page 3
THE ADMINISTRATIVE APPEALS BOARD HEREBY FINDS, after due
consideration given to the relevancy, weight and credibility of testimony and evidence,
and based upon a preponderance of the evidence in accordance with the Board’s
procedures, as follows:
SECTION 1.
The fee assessed by the City is upheld. The Appellant shall pay the
amount assessed by City staff in the amount of $90,244.51.
The fee assessed by the City in the amount of $90,244.51 is overturned.
The Appellant shall pay a fee in the amount of $_________
THIS PORTION OF PAGE BLANK
Resolution No. 0321
Page 4
SECTION 2. The Administrative Appeals Board directs the City Clerk to deliver a copy
of this Resolution to each party and to file a disposition report with the Palm Springs
City Council.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS
ADMINISTRATIVE APPEALS BOARD THIS 13TH DAY OF NOVERMBER 2024.
David Parker
Vice Chair
ATTEST:
Brenda Pree, MMC, CERA
City Clerk
Resolution No. 0321
Page 5
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, BRENDA PREE, City Clerk of the City of Palm Springs, do hereby certify that
Resolution No. 0321 is a full, true, and correct copy, and was duly adopted at a meeting
of the Administrative Appeals Board of the City of Palm Springs
on the 13th day of November 2024, by the following vote:
AYES: BOARDMEMBERS HEIN, WINDERBAUM, HERMANN, KOREN
AND VICE CHAIR PARKER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RECUSE: NONE
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
the City of Palm Springs, California, this 19th day of November 2024.
Brenda Pree, MMC, CERA
City Clerk