Loading...
HomeMy WebLinkAbout6/21/2000 - STAFF REPORTS (24) Date: June 21, 2000 To: City Council From: Director of Planning and Building RE: Abatement of Nuisances, 635 East Chuckwalla Road RECOMMENDATION: It is recommended that the City Council declare the buildings at 635 East Chuckwalla Road substandard and in violation of Chapter 10 of the Uniform Housing Code,Sections 9306.00,9307.02,and 9319 of the Palm Springs Zoning Ordinance, and Palm Springs Municipal Code Sections 11.72.080, 11.72.100, 11.72.160, and 11.72.170 and that the City Council declare that the public nuisances created thereby are subject to abatement; and thatthe City Council order the owner repair or demolish the buildings in a timely manner, and that the City Council authorize demolition of the buildings should the owner fail to abate the public nuisances. BACKGROUND: The property is described as follows: Lots 1 and 12 in block°C°of Bel Desierto, in the City of Palm Springs, County of Riverside, State of California, as per map recorded in book 20, page 43 of maps, In the Office of the County Recorder of said County. This apartment building is currently abandoned. We received complaints regarding 635 East Chuckwalla Road starting in 1997. A Notice of Violation was sent on October 17,1997 and another on May 11,1998. The property owner,Mr.Deverman protested, but the City continues to receive complaints from surrounding property owners. Mr. Deverman allowed the property to go into foreclosure. On April 30, 1999, National Pier Properties took possession of the property. Community preservation staff inspected the property with their representative, Ken Perry, on July 27, 1999 and a subsequent Notice of Violation was issued. This notice was recorded with the County Recorder on August 30, 1999. Perry said it was the property owner's intention to rehabilitate the property and asked that we walk the property with his contractor to give a detailed explanation of what was needed to rehabilitate the property. On August 5, 1999, Building Official Gary Bitterman and community preservation staff inspected the property in detail and videotaped the Inspection. Some clean-up was conducted, but there was no real progress towards rehabilitation, so on December 10, 1999, a Notice and Order Regarding a Substandard Building was issued to National Pier Properties, and was recorded with the County Recorder on December 29, 1999. The property was for sale at the time and a courtesy call was made to the realtor to inform him that the property was posted. National Pier Properties appealed the notice, but the property was sold. A change in ownership forced us to start the noticing process over again. On February 28, 2000,the updated information was received showing Fountain Grove Leasing as the new owner. A new Notice and Order,essentially the same as the one issued on December 10, 1999, was issued to the new owners on March 9, 2000. Nuisance Abatement June 21,2000 2 The parties were: Fountain Grove Leasing PO Box 4697, Palm Springs CA 92262 Fountain Grove Leasing 1775 East Palm Canyon Drive, Unit H308, Palm Springs CA 92264 Richard M.and Mettle M.Stewart,Trustees of the Stewart Family Trust UTD 5/4/89 Go Jensam, PO Box 3025 Orange CA 92857-0025 Richard M.and Mettle M.Stewart,Trustees of the Stewart Family Trust UTD 5/4/89 1039 Via Cordova, San Pedro CA 90732. This Notice and Order was recorded with the County Recorder on March 22,2000. On March 13, 2000, staff received notification that the Police Dept had been out to the property and it was not secure. Staff sent a letter,certified mail and regular mail, that the building must be boarded securely. There was no response, so the City authorized an emergency abatement on March 22, 2000, and it was completed on March 24, 2000. The owner was billed, but the bill remains outstanding and is among the tax liens as a separate item on the City Council agenda tonight. On March 27, 2000, Danny L. Davis contacted staff to ask if the City had boarded the building, and If there would be a charge. He said he was the property manager and part of Fountain Grove leasing. Staff sent a letter to Mr. Davis regarding the property on March 27,2000. A courtesy copy of the Notice and Order was included, as well as the forms needed for Architectural Approval, the first step in the rehabilitation process. The property owners have not contacted us and no plans for rehabilitation have been submitted. Corrective Action Persons responsible for the abatement of a nuisance include every person who, either by his affirmative acts of by his omission to diligently,carefully and prudently conduct his affairs or manage his property, creates or causes the nuisance or suffers or permits the nuisance to exist;every person who has the right to possess, use and enjoy, or to receive all or part of the issues, profits and benefits of the property or thing which is the nuisance; and every person who owns an estate or interest in the real property upon which the nuisance is created or is maintained or upon which it is suffered to exist. AVIS\ Pursuantto Health&Safety Code Section 17980(b),the responsible person-ts)has the option of either making the necessary repairs to the building or demolishing the building. A choice must have been made within 30 days of the date of service of the Notice& Order of March 9, 2000. The responsible parties did not respond to the Notice &Order. Nuisance Abatement June 21,2000 3 Should the Council approve the abatement,the owners will have 30 days,until July 21, 2000, to either bring the buildings up to current code standards or demolish them. If the owners fail to respond, the City may demolish the buildings. c DOUGLWIR. EVANS Director of Planning and Building APPROVED G� .(/ dy Manager ATTACHMENTS. 1. Notice&Order(March 9, 2000) 2. Resolution tza NOTIC AND ORD R CONCERNING A SUBSTANDARD BUILDING daF Date of Issuance: March;2000 FileNo.: McI7-397 NOTICE TO: Fountain Grove Leasing P.O Box 4697 Palm Springs,CA 92263 Fountain Grove Leasing 1775 E.Palm Canyon Drive,Unit H308 Palm Springs,CA 92264 Richard M.&Maltie M.Stewart,Trustees of the Stewart Family Trust,UTD 05/04/89 c%Jensam P.O.Box 3025 Orange.CA 92857-0025 Richard M.&Mattie M Stewart,Tmstees of the Stewart Family Trust,UTD 5/4/89 1039 Via Cordova San Pedro,CA 90732 GENERAL DESCRIPTION: 635 E.Chuckwalla Road Palm Springs,California LEGAL DESCRIPTION: Lots 1 and 12 in block"C"of Bel Desierlo,in the City of Palm Springs,County of Riverside,State of Califomra,as per map recorded in book 20,page 43 of maps,in the Office of the County Recorder of said County. In accordance with Chapter 10 of the Uniform Housing Code(the"Code")as adopted and amended by the City of Palm Sprigs,Notice is hereby given that a SUBSTANDARD BUILDING has been determined to exist on the property described harem,by reason of conditions found to render the building substandard under the provisions of Section 202 of said Code The conditions found to exist are described as follows: UNIFORM HOUSING CODE VIOLATIONS UNIT 1: 1. Both shower stalls are leaking severely,and lack a waterproof surface. The bathroom sink is improperly attached to the wall with a rope The foregoing conditions are in violation of sections 1001.2 and 1001.6 of the Code. 2. The kitchen is lacking a stove hood There is no source of heat in the unit The window cooler leaks extensively and is not properly supported. The foregoing conditions are in violation of section 1001.2 of the Code. 3. The sliding glass door in the living room is unable to be opened and the glass window is broken,in violation of sections 10012,1001.8 and 1001.12 of the Code. 4. There is water damage to the wall under the kitchen sink. There is water damage under the bathroom sink The foregoing conditions are in violation of sections 1001.2 and 1001.3 of the Code. 5 The door located in the bedroom and leading to the exterior is damaged and needs to be replaced,in violation of section 1001.12 of the Code. 6. Thee is an open junction box located on the exterior of unit 1,in violation of section 10015 of the Code. UNIT 2: 7. The kitchen sink is disconnected. The toilet is inoperative. The bathroom sink is leaking. The foregoing conditions are in violation of sections 1001.2 and 1001.6 of the Code. 8. The kitchen is lacking a stove hood There is no source of heat in the unit. The foregoing conditions are in violation of section 1001.2 of the Code. 9. There is a light fixture missing in the bedroom with exposed electrical wires,in violation of section 1001.5. 10. The sliding glass door is unable to be opened as the track is worn,in violation of sections 1001.2,1001.8,and i001 12 of the Coda 11. The kitchen sink covers an electrical outlet,in violation of sections 1001.2,1001.5,and 1001.6 of the Code. 12. There are holes in the walls throughout the unit,in violation of sections 1001.2 and 10018 of the Code. 13. The shelves in the bedroom closet are broken rendering the closet non-fimctional,in violation of section 1001.3 of the Code. 14. There is extensive water damage to the bathroom walls and floors fiom leaks,in violation of sections 1001.2,1001.3,and 1001.6 of the Code. air 15. There are tree roots growing into the shower stall which has compromised the shower pan lit addition,there is possible rot and decay,in violation of sections 1001.2,10013,1001.6 and 1001.8 of the Code. UNIT 3• 16. The toilet has been removed from one of the bathrooms. The bathroom sink is falling off of the wall. The shower is leaking. The foregoing conditions are in violation of sections 10012,and 1001.6 of the Code. 17. Electrical cover plates are missing liom the electrical outlets in the living room. The light fixture in the bedroom is missing light bulbs and a globe to cover the exposed sockets. The foregomg conditions are in violation of section 1001.5 of the Code. 18. There is no stove or bood in the kitchen The cooler in the bedroom is inoperative. There is no heat some in the Unit. The foregoing conditions are in violation of section 1001.2 of the Code. 19. The windows in the living room and bedroom are broken,in violation of sections 1001.2 and 1001.8 of the Code. 20 There is water damage under the pulhnan(cabinet around the sink)in the bathroom,in violation of sections 1001.2 and 1001.3 of the Code. 21. There is water damage to the walls of the shower in the bathroom,and to the walls and floor of the kitchen,underneath the kitchen sink. The foregoing conditions are in violation of sections 1001.3 and 1001.6 of the Code. 22. Tres roots are growing underneath and through the bathroom floor creating a structural hazard,in violation of sections 1001.2,1001.3,1001.6 and 1001.8 of the Code. UNIT 4: 23. There are broken windows in the bedroom. There are holes in the walls of the bedroom secondary to water and fluids. The foregoing conditions are in violation of sections 1001.2 and 1001.8 ofthe Code. 24. The sliding glass door cannot be opened as the track is worn,in violation of sections 1001.2,and 1001.12 of the Code. 25. The air conditioning unit is inoperative. There is extensive water damage in the bathroom. There is no source of heat in the Unit. The foregoing are conditions in violation of section 10012 of the Code. 26. There is water damage to the floor and walls of the bathroom. The foregoing conditions are in violation of section 1001.3 of the Code. 27. Both toilets are inoperative. The bathroom sink leaks. The foregoing conditions are in violation of sections 1001.2 and 1001.6 of the Code. 28. The electrical outlets in the bedroom are missing,in violation of section 10015 of the Code. 29. The kitchen sink is leaking and there is extensive water damage to the floors and walls around it,in violation of sections 10012 and 1001.6 of the Code. 30 There are cockroaches inhabiting the Unit,in violation of section 1001.11 of the Code. ON3A (P UNIT 5: 31. The shower has leaked resulting in water damage to the floor tiles and baseboards. There is water damage to the wall under the bathroom sink. The shower pan may be leaking. The bathtub has fallen through the floor. The plumbing for the bathtub was changed from a right hand tub to a left hand tub and needs to be restored to its original condition. There is water damage to the walls of the bathroom. The foregoing conditions are in violation of sections 1001.2,1001.3,and 1001.6 of the Code. 32. Electrical cover plates are missing throughout the unit. A receptacle is missing in the bedroom leaving the wiring exposed. The bedroom light fixture is missing. There is a light switch blocked by a closet. There are extension cords being used as wiring creating a hazardous electrical situation. The foregoing conditions are in violation of section 1001.5 of the Code 33 The air conditioning unit in the kitchen makes the latches window smaller than the minimum code requirements. There is no beat source in the unit. The foregoing conditions are in violation of section 1001.2 of the Code 34. The toilet is inoperative,in violation of sections 1001.2 and 1001.6 of the Code. 35. The gas pipes in the kitchen are not secured,in violation of section 1001.9 of the Code. UNIT 6: 36. There is extensive water damage to the walls of the bathrooms,in violation of sections 1001.3 and 1001.6 of the Code. 37. The toilets in both bathrooms are inoperative,in violation of sections 10012 and 1001.6 of the Code. 38. An electrical outlet was added in the bedroom without having the wiring checked. There are electrical outlet cover plates missing throughout the unit. There is an improperly installed light fixture in the bedroom. The foregoing conditions are in violation of section 1001.5 of the Code. 39. There is a hole in the bedroom ceiling,in violation of section 1001.3 of the Code. 40. The shower stall that has been converted to a storage cabinet has gaps between the walls and the floor thereby failing to provide adequate weather protection. There is evidence of severe leaking around the former shower stall. The foregoing conditions are in violation of sections 1001.2 and 1001.8 of the Code. 41. There is no heat source in the unit,in violation of section 1001.2 of the Code. GENERAL,COMMENTS: 42. There is no source of heat in any of the units. The cooling units may be inappropriate for the electrical wiring. The vents of the roofs are missing vent cape. The current trash enclosure fails to meet City requirements. The foregoing conditions are in violation of section 10012 of the Code. 43. There are severe water leaks in all units which may have resulted in structural decay and rot thereby creating a structural hazard,in violation of sections 1001.3 and 1001.6 of the Code. 44 The natural light and ventilation requirements are not bang met as cooling units are blocking the windows and inoperable/broken windows are incapable of bang opened. These conditions exist throughout the units and are in violation of section 1001.2 of the Code. a3A 7 46. The electrical outlets that have been replaced in the bathrooms,and those that are within six(6)feet of the kitchen sink have not been ground fault protected,in violation of section 1001.5 of the Code. 47. While the illegal patio and laundry facility have been removed from the premises,the electrical wires supplying the former structures have not been eliminated. The light fixtures and junction boxes on the exterior of the building are not meant for the exterior. The electrical wiring viable from the attic was not properly done and the flex is not adequately connected to the junction box. The electrical load needs to be checked. The ground connections are not secured The foregoing conditions are in violation of section 1001.5 of the Code. 48 The existing makeshift access to the attic outside of Unit 1 is inadequate. At least one proper access to the attic is required. The foregoing condition is in violation of section 1001 12 of the Code. 49. The pressure and temperature relief valves of the water heaters need to terminate at least six(6)inches above grade. The vents of the water heaters are homemade of various materials. The water beater door lacks high and low combustion air grills.The foregoing conditions arc in violation of sections 1001.2,1001.6 and 1001.7 of the Code. 50. The water mam is leaking,in violation of section 1001.6 of the Code. 51. The natural gas system may be leaking,in violation of section 1001.9 of the Code. 52. There are multiple holes in the extenor of the building,in violation of sections 1001.3 and 1001.8 of the Code. 53. The electrical service to the building needs a cover plate,and lacks reasonable waterproof protection,in violation of sections 1001.5 and 1001.8 of the Coda 54. While the maximum number of roofs(2)exist on the structure,it is in need of repair,in violation of section 1001.8 of the Code. The Subject Property is also in violation of Patin Spnngs Zoning Ordinance Section 9319.00; Property Maintenance Standards(a copy of which is attached for your reference). Specifically. 1. The property is in need of new paint,landscaping,and repairs on the walls and gates. The Subject Property is also in violation of Palm Springs Zoning Ordnance Section 9306.00; Off-Street Parking(a copy of which is attached for your reference). Specifically: 1. The parking lot lacks adequate lighting. The parking lot needs to be rasudaced,restriped, and landscaped. The Subject Property is also in violation of Palm Springs Zoning Ordinance Section 9307.02; Trash Enclosures(a copy of which is attached for your reference). Specifically: 1. The hash enclosure was constructed illegally as the required approvals and permits were not obtained. In addition,the existing trash enclosure fats to meet the specifications required by the above-referenced ordinance The Subject Property is also in violation of Palm Springs Municipal Code Section 11.72.160 Deterioration and Defective Structures,and Section 11.72.170 Property Maintenance(a copy of which is attached for your reference). Specifically: 1. The Subject Property has broken windows,and deteriorated paint viewable from the public right-of-way. 2. The Subject Property is in need of landscaping. 0\3� The Subject Property is also in violation of the Palm Springs Municipal Code section 11.72.100 which states any violation of the Uniform Housing Code as amended is a public nuisance. Persona responsible for the abatement of a nuisance include every person who,either by his affirmative acts or by his omission to diligently,carefully and prudently conduct his affairs or manage his property,creates or causes the nuisance or suffers or permits the nuisance to exist; every person who has the right to possess,use and enjoy or to receive all or part of the issues, profits and benefits of the property or thing which is the nuisance;and every person who owns an estate or interest in the real property upon which the nuisance is created or is maintained or upon which it is suffered to exist. Pursuant to Health&Safety Code Section 17908(b)you have the option of either making the necessary repair;to the building or demolishing the building. You must make your choice within thirty(30)days from the date of service of this Notice and Order upon you. In the event you choose to repair the building,you must present a reasonable and feasible schedule for repair of the defects within the aforementioned thirty(30)day period If you do not make a timely choice of repair or demolition,fail to perform the repair work as scheduled and agreed,or select an option which cannot be completed within a reasonable period of time,as determined by the City,demolition proceedings may be initialed by the City. If you fail and/or refuse to comply with this Notice and Order within fifteen(15)days of the expiration of the above-referenced thirty(30)day period,the City may proceed with the demolition of the building on the Subject Properly. If you and/or the other responsible parties fail and/or refuse to comply with this Notice and Order as set forth above,the City may proceed with the demolition of the building on the Subject Properly. CORRECTIVE ACTIONS REQUEM: 1) Secure a permit to restore the structure to a habitable condition including any required rehabilitation of the electrical,mechanical,structural and plumbing systems. 2) Establish a program acceptable to the City of Palm Springs'Department of Planning and Building addressing the continuing a tenor maintenance of the property. Such a program shall include landscaping,and rehabilitation of accessory structures inctud n&but not limited to eaves,awnings,landings,staircases and windo va. 3) Ensare required'inspections are done. 4) Remove all trash,junk,debris,dead vegetation,organic matter,and other discarded items from the premises. 5) Repaint all buildings,walls and fences(Architectural approval is required). 6) Remedy all fire hazards identified including,but not limited to,a lack of fire extinguishers,smoke detectors,and operable exits. 7) All lemma must be removed tfom the premises as the building in its current condition is inhabitable. Upon the removal of all tenants,the building needs to be boarded and secured immediately to prevent inhabitants from entry. You and any other responsible Parties will be subject to liability for navment of all coats which the City incurs to initiate abatement procedures and to abate the nuisanm including but not limited to all costs of inspection,invesditations,assessment repair mitigation remediation. remoyaL rehabilitation.securiri storam traffic control law enforcement protection and other consequential direct and indirect costs relating to such abatement including administrative and festal fees and costs. Current fees for City costs are as follows: • General staff and inspection time-$50.00/hour(1/4 hour minimum). A50 RIGHT OF APPEAL: Any person having record title or legal interest In the banding may appeal from the Notice and Order or any action of the Building Official or designee to the Board of Appeals,provided the appeal is made in writing and in the form required by Section 1201.1 of the Uniform Housing Code and Bled with the Building Official within thirty(30)days from the date of service of such Notice and Order,provided,however,that if the building or structure is In such condition as to make it immediately dangerous to the life,limb,property or safety of the public or adjacent property(s)and is ordered vacated and Is posted,such appeal shall be filed within 10 days from the date of service of the Notice and Order upon you. Failure to appeal will constitute a wavier of all rights to an administrative bearing and determination of the matter. Where appropriate,as determined by the City,the City may conduct further proceedings in accordance with Chapters 11.72 and 2,50 of the Palm Springs Municipal Code. Processing of the appeal shall be in accordance with the provisions set forth in the Umfonn Housing Code. A complete text of said code is attached as Exhibit"A"hereto. Please direct your appeal to: Board of Appeals,City of Palm Springs Building Division,P.O.Box 2743,Palm Springs,CA 92263(760)323-8242. Pursuant to Revenue and Taxation Cade section 17274 and 24436 5,a tax deduction may not be allowed for interest,taxes,depreciation,or amortization paid or incurred on the Subject Property in the taxable years of 1997 or 1998. If you would like to make arrangements for an acceptable schedule of repairs,please contact Nadine Fieger at(760)322-8364 x8758 within the above-referenced time period. DATED this�fday of 2000. Nadine Mager Commun't raearvation rcer AWAAA Douglas Evans Director of �j'ng and Building /vU.t/tibl / Posted on Property. a443A 10 1997 Uniform Housing Code Chapter 12-Appeal Section1201 -General 1201.1 Form of Appeal. Any person entitled to service under Section 1101.3 may appeal from any notice and order or any action of the building offictal under this code by filing at the office of the building official a written appeal containing: 1. A beading in the words: "Before the board of appeals of the........of.......... 2. A caption reading: "Appeals of........",giving the names of all appellants participating in the appeal. 3. A brief statement setting forth the legal interest of each of the appellants in the building or the land involved in the notice and order. 4. A brief statement in ordinary and concise language of that specific order or action protested,together with any material facts claimed to support the contentions of the appellant. 5. A brief statement in ordinary and concise language of the relief sought and the reasons why it is claimed the protested order or action should be reversed,modified or otherwise set aside. 6. The signatures of all parties named as appellants and their official mailing addresses. 7. The verification(by declaration tinder penalty of perjury)of at least one appellant as to the truth of the matters stated in appeal. The appeal shall be filed within 30 days from the date of the service of such order or action of the building official,provided,however,that if the building or structure is in such condition as to make it immediately dangerous to the life,limb,property or safety of the public or adjacent property and is ordered vacated and is posted in accordance with Section 1104,such appeal shall be filed within 10 days from the date of the service of the notice and order of the building official. 1201.2 Processing of Appeal. Upon receipt of any appeal filed pursuant to this section, the building official shall present it at the nett regular or special meeting of the board of appeals. 12013 Scheduling and Noticing Appeal for Heating. As soon as practicable attar receiving the written appeal,the housing advisory and appeals board shall fix a date,time and place for the hearing of the appeal by the board Such date shall be not less than 10 days nor more than 60 days from the date of the appeal was filed with the building official. Written notice of the time and place of the hearing shall be given at least 10 days prior to the date of the hearing to each appellant by the secretary of the board either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof;postage prepaid,addressed to the appellant at the address shown on the appeal. Section 1202-Effect of Failure to Appeal Failure of any person to file an appeal in accordance with the provisions of Sections 1101 and 1201 shall constitute a waiver of the right to an administrative hearing and adjudication of the Notice and Order or to any portion thereoE Section 1203-Scope of Hearing on Appeal Only those matters or issues specifically raised by the appellant shall be considered in the hearing of the appeal. Section 1204-Staying of Order of Appeal (/ -i DECLARATION OF MAILING I, Nadine T . Fieger, declare : 1 . The facts below are known personally to me and if called upon to testify, I could and would competently testify thereto . 2 . I am employed by the City of Palm Springs as a Community Preservation Officer. 3 . On May 5, 2000, I caused a copy of the Notice To Abate Nuisance, dated May 5, 2000, to be mailed by certified mail, return receipt requested to the owner of record as listed on the latest tax roll and all parties holding a beneficial interest in the property located at 635 East Chuckwalla Road, Palm Springs, as follows : Fountain Grove Leasing PO Box 4697, Palm Springs CA 92263 Fountain Grove Leasing 1775 East Palm Canyon Drive Unit H308 , Palm Springs CA 92264 Fountain Grove Leasing c/o Danny L. Davis 6185 Magnolia Avenue, Ste. 265 Riverside CA 92506 Richard M. and Mattie M. Stewart, Trustees of the Stewart Family Trust UTD 5/4/89 c/o Jensam PO Box 3025, Orange CA 92857-0025 Richard M. and Mattie M. Stewart, Trustees of the Stewart Family Trust UTD 5/4/89 1039 Via Cordova, San Pedro CA 90732 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct . Executed this 5th day of May, 2000, at Palm Springs, California. ����w �� Nadine T. Fieger r� j •�. f ��CI��1Ip�u' r — - Fountain Grove ing 1775 E. Palm Can Dr. °'- Palm Springs, CA';' 2264 0 w .. � —.......— ... 1 i Y Nl:ialiii IY $"a Y:! qq sfx, i RESOLUTION NO. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, FINDING AND DECLARING THE BUILDING AT 635 E. CHUCKWALLA ROAD, PALM SPRINGS, CALIFORNIA TO BE A PUBLIC NUISANCE AND ORDERING THE ABATEMENT THEREOF. WHEREAS, at 635 E. Chuckwalia is located an abandoned apartment building and is more particularly described as lots 1 and 12 in block"C,"MB 020/043 of Bel Desierto, Assessors Parcel Number 507-051-001 in the City of Palm Springs, County of Riverside, State of California (the "Subject Property"); and; WHEREAS, on or about August 5, 1999, after obtaining verbal consent from National Pier Properties, Inc. a California Corporation, the then current owner of record, the building located at 635 E. Chuckwalla Road was inspected by the representatives of National Pier Properties, and the City of Palm Springs ("City")Community Preservation Officers and Building Inspectors and found to be in a substandard, dangerous and uninhabitable condition, in violation of Chapter 10 of the Uniform Housing Code, adopted by reference into the Palm Springs Municipal Code section 8.04.035, and; WHEREAS, on Dumber 10, 1999, a Notice and Order Concerning a Substandard Building was Issued on the Subject Property and recorded with the Riverside County Recorder thereof, as a result of the inspection conducted by City Community Preservation Officers; and WHEREAS, specific violations found on the August 5, 1999 inspection include, inoperative, leaking, and disconnected plumbing fixtures;water damage to the walls and floors; holes in the walls, and doors; leaking utility systems; inoperative electrical fixtures and outlets with exposed electrical wiring; a lack of a heat source for multiple units; broken windows, doors and door jambs; a lack of fire extinguishers and smoke detectors; floors which have been compromised by Use roots thereby creating structural hazards; infestation by cockroaches; and an inadequately maintained landscape and parking lot; and WHEREAS, on January 7, 2000, National Pier Properties, Inc., the owner of record, appealed the Notice and Order dated December 10, 1999; and WHEREAS, on January 27, 2000, the property was sold and the title was transferred to Fountain Grove Leasing, a California Corporation; and WHEREAS, due to the sale of the property and the transfer of title, National Pier Properties, Inc. did not pursue the appeal filed on January 7, 2000; and WHEREAS, on March 9, 2000, a Notice and Order Concerning a Substandard Building was issued on the Subject Property to Fountain Grove Leasing,the current owner of record; and 84448.018060a -t- WHEREAS, on March 11, 2000, during a routine property check, the Palm Springs Police Department found the building at 635 East Chuckwalla Road, Palm Springs, CA unsecured and subsequently notified the City of Palm Springs Community Preservation Officers; and WHEREAS, on March 13, 2000, the Community Preservation Officers notified the owner of record, trust deed beneficiaries, and mortgagees of the report from the Palm Springs Police Department and requested that the building at 635 East Chuckwalla Road be secured by March 20, 2000; and WHEREAS, on March 24, 2000, the City of Palm Springs authorized and completed an emergency abatement and secured the building at 635 East Chuckwalla Road after noting the property owner, mortgagees, and trust deed beneficiaries failed to do so by the deadline stated in the March 13, 2000 letter, and WHEREAS, on March 27, 2000, a letter was sent to the property owner notifying him of the emergency abatement action taken by the City of Palm Springs in securing the building at 635 East Chuckwalla Road; and WHEREAS, the substandard, dangerous and uninhabitable conditions have been left unrepaired or uncorrected for a substantial amount of time though notice of the conditions were available to the current owner of record through recorded Notices on file with the Riverside County Recorder's Office and through Notices sent directly to the owner of record, mortgagees, and trust deed beneficiaries; and WHEREAS, the substandard, dangerous and uninhabitable conditions make the building at 635 East Chuckwalla Road, Palm Springs, CA a public nuisance as defined in Health and Safety Code section 17920, Uniform Housing Code section 202, and Palm Springs Municipal Code sections 11.72.090, and 11.72.160; and WHEREAS, as required by California Code of Regulations, Title 25, section 54, and Health and Safety Code section 17980 (b),written notice of the dangerous conditions and an order to abate the nuisance was mailed to all owners, mortgagees, and trust deed beneficiaries of 635 East Chuckwalla Road, Palm Springs CA by certified mail, return-receipt requested on March 9, 2000; and WHEREAS, as required by California Code of Regulations, Title 25, section 60, and Health and Safety Code§17980 (b), written notice of a public hearing as to why the building should not be condemned as a public nuisance and ordered to be abated by reconstructing, repairing, or removing the building was posted on the property and mailed to all owners, mortgagees and trust deed beneficiaries of 635 East Chuckwalla Road, Palm Springs, CA by certified mail, return-receipt requested on May 5, 2000; and WHEREAS, the owners, mortgagees, and trust deed beneficiaries have not made the required repairs to the building, which remains in a substandard, dangerous, and uninhabitable condition; and 8440.01 00MM -2- WHEREAS, a public hearing was held before the City Council on June 21, 2000, and all interested parties were given an opportunity to be heard regarding the declaration of the building at 635 East Chuckwalla Road, Palm Springs, CA as a public nuisance. NOW THEREFORE, based upon the written documents and oral testimony presented at the hearing, the City Council of the City of Palm Springs resolves as follows: Section 1. The foregoing recitals are true and correct and the City Council so finds and determines. Section 2. The City Council finds and declares the following conditions exist at 635 East Chuckwalla Road, Palm Springs, CA: 1.The plumbing fixtures are inadequate, inoperative, leaking, and/or partially fixed to their supporting walls, and are substandard in violation of sections 1001.2, and 1001.6 of the Uniform Housing Code (the"Code".) 2.There is no source of heat in many of the units, in violation of section 1001.2 of the Code. 3.There are broken windows, doors, and door jambs, holes in the walls and doors of the interior and exterior, in violation of sections 1001.2, 1001.8, and 1001.12 of the Code. 4.There is extensive water damage to the floors and walls of the units,the bathtub in Unit 5 has fallen through the floor, and the handedness of the plumbing was changed, in violation of sections 1001.2, 1001.3, and 1001.6 of the Code. 5. Electrical fixtures are missing, electrical wires are exposed creating electrical hazards, in violation of section 1001.2, and 1001.5 of the Code. 6.Tree roots have grown into the shower stall and have uprooted the bathroom floor thereby creating a structural hazard, In violation of sections 1001.2, 1001.3, 1001.6, and 1001.8 of the Code. 7.There are cockroaches inhabiting some of the units, in violation of section 1001.11 of the Code. 8. The gas pipes in the kitchen are not secured, in violation of section 1001.9 of the Code. 6M140U4M 0510! 944U01 WM o -3- 9. There are severe water leaks in all units which may have resulted in structural decay and rot thereby creating a structural hazard, in violation of sections 1001.3 and 1001.6 of the Code. 10. There are no smoke detectors or fire extinguishers on the premises, in violation of section 1001.5 of the Code. 11. The electrical wires supplying the former patio and laundry facilities have not been removed, and the electrical wiring visible from the attic was not properly done and the flex is not adequately connected to the junction box, and the grounds are not secured, in violation of section 1001.5 of the Code. 12. The existing access to the attic is inadequate, in violation of section 1001.12 of the Code. 13. The pressure and temperature relief valves of the water heaters need to terminate at least six (6) inches above grade, the vents of the water heaters are made from insufficient materials, the water heater door lacks high and low combustion air grills, all of which constitute a violation of sections 1001.2, 1001.6 and 1001.7 of the Code. 14. The water main is leaking, in violation of section 1001.6 of the Code. 15. The property is in need of new paint, landscaping, and repairs to the walls and gates, in violation of section 9319.00 of the Palm Springs Zoning Ordinance, and section 11.72.170 of the Palm Springs Municipal Code. 16. The panting lot lacks adequate lighting, and needs to be resurfaced, restriped and landscaped, In violation of section 9306.00 of the Palm Springs Zoning Ordinance. 17. The trash enclosure lacks the required approvals and permits, and fails to meet existing City requirements, in violation of section 9307.02 of the Palm Springs Zoning Ordinance. 66SM140844M a6by $444901 a06WW -4- 18. There are broken windows and deteriorated paint viewable from the public right of way, in violation of section 11.72.160 of the Palm Springs Municipal Code. Section 3. The City Council finds and declares these defects have created structural, electrical, mechanical, and plumbing hazards, and conditions of inadequate sanitation, faulty weather protection, and accumulation of debris to an extent that would endanger the health, safety and welfare of occupants and the public. Because of these conditions, the City Council finds and declares the building at 635 East Chuckwalla Road, Palm Springs, CA to be substandard, dangerous and in violation of Health and Safety Code section 17920.3 and Chapter 2 section 202 of the Uniform Housing Code, adopted by reference into the Palm Springs Municipal Code, section 8.04.035. Section 4. The City Council finds and declares that, because of the substandard, dangerous and uninhabitable conditions created by the structural, electrical, mechanical, and plumbing hazards, and conditions of inadequate sanitation, faulty weather protection, and accumulation of debris, the building at 635 East Chuckwalla Road, Palm Springs, CA Is a public nuisance as defined in Health and Safety Code Section 17920, Uniform Housing Code section 202, and Palm Springs Municipal Code sections 11.72.090, 11.72.100, and 11.72.160 as follows: Anything which is injurious to health, or is 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, which affects at the same time an entire community or neighborhood. (Civ. Code §3479, 3480, incorporated by reference into Health and Safety Code §17920.) Buildings or portions thereof that are determined to be substandard as defined in this code are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal. (Uniform Housing Code Chapter 2, section 202, incorporated by reference into Palm Springs Municipal Code§8.04.035.) All such unsafe buildings, structures or appendages are hereby declared to be public nuisances ... (Uniform aeas.ot no6roaroo -5- Building Code§203, incorporated by reference Into Palm Springs Municipal Code§8.04.010.) Any violation of the Uniform Building Code as amended is a public nuisance. (Palm Springs Municipal Code§ 11.72.090.) Section 5. Public nuisances created by substandard buildings are subject to abatement under Health and Safety Code section 17980(b) and Palm Springs Municipal Code Chapter 8.12. Section 6. Health and Safety Code section 17980 (b) requires that when a building is found to be substandard, the enforcement agency shall commence proceedings to abate the violation by repair, rehabilitation, vacation, or demolition of the building. The owner shall have the choice of repairing or demolishing the building, but the enforcement agency may require vacation and demolition if the owner fails to make a timely choice. Section 7. Uniform Housing Code section 202 states that when a building or portion thereof, is found to be substandard, the building, or portion thereof, shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedures set forth in the Housing Code. Section 8. The City Council finds and declares that, as required by Cal'ifomia Code of Regulations,title 25, section 54, and Health and Safety Code section 17980(b), written notice of the substandard conditions and an order to abate the nuisance was provided to all owners, mortgagees and trust deed beneficiaries of 635 East Chuckwalla Road, Palm Springs, CA, but those owners, mortgagees, and trust deed beneficiaries failed to respond or make the required repairs to the building,which remains in a substandard condition. Section 9. Pursuant to California Code of Regulations, title 25, section 62, and Palm Springs Municipal Code section 11.72.200, the City Council directs the owner of the building at 635 East Chuckwalla Road, Palm Springs, CA to abate the nuisance within thirty(30)days after the date of posting a notice on the property of the passage of this resolution by having the building properly reconstructed or repaired, or by having the building razed or removed. 00 Iwo saas.oi a 60W -6 Section 10. The City Council directs the Building Official and City Attorney to seek a court order authorizing the demolition of the building, in accordance with Health and Safety Code section 17982, If the nuisance is not abated within thirty (30)days after a notice of the passage of this resolution is posted on the property. Section 11. In accordance with Palm Springs Municipal Code section 11.72.250, and California Code of Regulations, Title 25, Section 68, the City Council directs city staff to maintain an Itemized account of the costs incurred by the City in razing and removing the building, including all administrative and legal costs and expenses. The City is further authorized to proceed pursuant to Palm Springs Municipal Code section 11.72.265 and California Code of Regulations, title 25, section 70, to establish a lien against the property for reimbursement of the City's reasonable abatement expenses. The owners shall be served with notice of the costs and shall have the opportunity, pursuant to Palm Springs Municipal Code section 11.72.250 and California Code of Regulations, title 25, sections 68 and 70, to appear at a hearing and object to the reasonableness of the costs. ADOPTED this day of June, 2000 AYES: NOES: ABSENT. ABSTAIN ATTEST: CITY OF PALM SPRINGS, CALIFORNIA CITY CLERK CITY MANAGER REVIEWED AND �, �C APPROVED: O(E 6MI40U- — a3 a?