HomeMy WebLinkAbout10/6/1999 - STAFF REPORTS DATE: October 6, 1999
TO: City Cormcil
FROM: Director of Planning&Building
ABATEMENT OF NUISANCES-2150 N.PALM CANYON DR. (DESERT MOOD
RECOMMENDATION:
Staff recommends that the City Council declare the buildings at 2150 N.Palm Canyon
Drive(Desert Moon)substandard and in violation of Health&S*ty Codes and the
Uniform Building Code, and that the City Council declare that the public nuisances
created thereby are subject to abatement;and that the City Council order that 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:
2150 N.Palm
Portion of SE 1/4 Section 3,T4S R4E
APN 504-270-009
This apartment building is currently abandoned The City receives continuing complaints
regarding property maintenance,vagrant activity and unsafe conditions. From January 1,
1992,through March 10, 1997,the Police Department received 565 calls for service.
Several City departments have taken actions in the part to abate public nuisances in
regard to this property as described below.
ANotice of Violation was issued on January 21, 1992,for violations to the Uniform
Building Code, the Municipal Code, and for connection to the sewer system without
permit and non-payment of the required fees. The property owners over time have done
nothing to correct this matter. Another Notice of Violation was issued on July 9, 1992.
On May 15, 1995,water service was disconnected for nonpayment and remains
disconnected. On June 6, 1995,a Notice& Order Concerning a Substandard Building
was issued for inadequate sanitation;hazardous electrical wiring,plumbing and
mechanical equipment;faulty weather protection;fire hazards;hazardous and unsanitary
premises;and accimmulation of refuse and waste. The Building Department requested
disconnection of electrical service on June 8. 1995.
On Saturday,June 10, 1995,an arson fire burned the rear portion of the building,
although none of the units were significantly damaged. Mattresses,clothing and furniture
had been piled up against the rear of the building and set afire. Tenants were still living
in the buildings although water and electricity had been disconnected.
On June 22, 1995,a Nolice& Order was issued for lack of proper connection to the
sewage disposal system. On June 22, 1995,the Building Department requested that gas
service be disconnected
On November 14, 1995,the Fire Department issued a Notice of Violation.
Staff found numerous windows broken and open,and saw evidence of vag mts on a site
visit on November 1, 1996. The perimeter fencing was open,allowing easy access to the
property. The property contains an empty swimming pool and spa. The Planning&
-a
1ra- �L
Building Department requested an inspection of the property because of the apparent
health and safety violations of the Uniform Building Code and the Municipal Cade and
past failure to rehabilitate the property. On November 21, 1996,the property owner
granted the City permission to inspect the property.
As a result of that inspection,the Planning&Building Department, on March 11, 1997,
issued a Notice&Order Concerning a Dongwxw ButUnrg, citing substandard flooring;
broken windows and doors; structural deficiencies;fire damage;missing electrical
components;lack of property maintenance;holes in walls; deficient plumbing;illegal
conversions; a dilapidated pool; a parking lot in disrepair,dead vegetation;and a
dilapidated sign.
The owner of the property, Vishnu Maraj, appealed the Notice to the Board of Appeals.
The Board of Appeals heard this matter on June 12, 1997, The Board directed the owner
to secure the property by June 19, 1997, and to have the property cleaned by June 26,
1997. On July 1, 1997, staff found that several doors remained open,gaps existed
between the security fence and the building, and that the property still contained a
considerable amount of trash and junk. As such,the owner was in contempt of the
Board's ruling. In addition,the Board required the owner to submit a complete
application package for rehabilitation of the property by July 14, 1997. No application
was ever submitted. The Board of Appeals reconvened regarding this matter on August
7, 1997. Noting the failure to perform to its previous ruling,the Board denied the
owner's appeal of the City's Notice.
On August 27, 1997,the owner net with staff and the City Attorney to discuss the
possibility of an agreement with the Council to allow the rehabilitation of the property
within a set period of time. However,by September 22, 1997, it was apparent that the
owner would not follow through with such agreement, At this time,the property was put
up for sale and a prospective buyer expressed interest in improving the property. The
buyer entered into the negotiations for the agreement but he,too, did not follow through.
Staff received a call from Hemet Federal Savings, on October 30, 1997,to alert the City
that a foreclosure We was being held that day. Hemet Federal Savings foreclosed on
Vishnu Maraj and the Blue Dolphin Holding Company. Hemet Federal stated that they
were looking for a quick sale and,if that did not happen,they would demolish the
buildings. They, instead, paraded a number of prospective buyers through the property
over time who,upon finding out the true nature of the property condition,would all back
out. On December 28, 1997,Hemet Federal announced that escrow had opened with a
buyer, and it had the property cleaned and secured.
On January 26, 1998,the property was again opened and unsecured, Hemet Federal and
the real estate agent were notified of the problems and that the City would again proceed
with steps toward abatement and possible demolition. On March 16, 1998, a new Notice
of Violation was issued to order the property secured and cleaned up.
On April 13, 1998, Jose Guerrero, of Long Beach,became the new owner. He was
provided with information regarding the state of this property and the Notices issued. On
June 16, 1998, a Notice to Abate Nuisance was posted on the properly and mailed to the
following regarding this hearing:
Jose Cruarrero
Dale A.Elemak(owner's adorney)
Hemet Financial Savings&Loan Assoo.(owner of record on litigation gaarsntee)
On July 1, 1999 a new Notice and Order Concerning a Dangerous Building(Date of
Issuance:June 25, 1999)was mailod to the Property Owner and posted onto the property
citing the same violations stated in the March 11, 1997 Notice and Order that was
approved by City Council resolution on July 15, 1998.
A new Notice was required due to a change in ownership prior to the legal recording of
the prior resolution.
On August 18, 1999 the Notice to Abate Nuisance was posted onto the property and
mailed to the following regarding this hearing:
Jose E.Guerrero
Barton&Deborah Adrian
QuagkYo Action
Persons 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 17980(b), the responsible person(s)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 11, 1997. The responsible parties responded to the Notice& Orden In
this case,the owner appealed the Notice. However,it was ultimately denied because of a
lack of performance on the part of the owner.
Should the Council approve the abatement,the owners will have 30 days(until
November 5, 1999)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.
DOUO ANS
Director o lanning&Building
*k4A—�
APPROVED:
ATTACHMENTS:
1. Notice&Order(March 11, 1997)
2. Notice&Order(June 29, 1999)
3. Resolution
f NOW Q- 3
waNOTICE
AND .
ORDER
CONCERNING A DANGEROUS BUILDING
Date of Issuances March 11, 1997
File No. 9506-06.01f
NOTICE TO: Blue Dolphin Holding Corporation
Vishnu Naraj, President
61651 Twentynine Palms Hwy.
Joshua Trea CA 92252
Coachella valley Financial services
Steven G. Hoffman (Registered Agent)
420 s. Palm Canyon Drive
Palm springs CA 92262
Palm springs Savings Bank FSB
1200 Gene Autry Trail south
Palm springs CA 92263-1710
Palm springs Savings Bank FSB
420 S. Palm Canyon Drive
Palm Springs CA 92262
Commonwealth Land Title
8 Penn Center Plaza #2100
Philadelphia PA 19103-2125
Commonwealth Land Title
William F. Hunter (Registered Agent)
1055 W. 7th street, suite 3150
Los Angeles CA 90017
Notice & Order•
concerning a Dangerous Building
Page 2
P Og ) $58' 323 '� 8015 Beevver y Blvd.
Los Angeles CA 90048
Chicago Title Company
Richard N. xlarin (Registered Agent)
1717 Walnut Grove Avenue
Rosemead CA 91770
James Edgar & Beryl Joan Rye
PO Box 3979
Yucca Valley CA 92284
General Description: Desert Noon
2150 N. Palm Canyon Dr.
Palm Springs CA 92262
("Subject Property")
Legal Descriptions 1.10 acres N/L in Por SE 1/4 of Sec. 3
NS R43
Assessors Parcel No. 504-270-009
In accordance with Chapter 4 of the Uniform Code For the Abatement
of Dangerous Buildings (the "Code") as adopted and amended by the
City of Palm Springs, Notice is hereby given that a DMfGBROQS
BUILDING has been determined to exist on the' property -described
herein by reason of conditions found to render the building
dangerous under the provisions of Section 302 of said Code. A copy .
of Section 302 of the Code is attached for your reference. The
conditions found to exist are described as follows:
MaPORN CODE POR MM ABATRM$PT OP DMIMOOS 1121M his
1. The flooring in all kitchens and bathe is substandard in
violation of Section 302.2 of the Code.
2. There are broken windows, doors and door jambs constituting an
attractive nuisance in violation of Section 302.12 of the
Code.
3. structural deficiencies of the Subject Property are suspected
due to broken posts, improper connections, fire damaged
framing • members, rotted and broken sill pates, possible
substandard installations of supports for evaporative coolers.
The foregoing conditions are in violation of Section 302.5 of
the Code.
4. The patio area and laundry room have been damaged by fire.
There are holes in the interior and exterior walls. Plumbing
fixtures are in need of cleaning, repair or replacement.
Water heaters are in need of repair or replacement. There are
unpermitted and illegal conversions throughout the subject
Property. The foregoing conditions are in violation of
Section 302.13 of the code.
5. There are missing electrical fixtures, cover plates, exposed
electrical conductors, improper use of and type of conduit and
unsupported or improperly supported conduit. Electrical
panels are in need of repair or replacement. All circuits
must be labeled and dead fronts installed. The evaporative
coolers and electrical connections to the coolers are
substandard. The pool and pool equipment are not in
compliance with current codes. smoke detectors are missing.
ventilation and beating systems are not in proper operating
condition. The area used to store combustible or flammable
liquids is improperly constructed. The foregoing conditions
are in violation of section 302.16 of the Code.
f
Notice & Order
Concerning at Dangerous Building
Page 3
The Subject Property is also in violation of PaLq springs Zoning
Ordinance Section 9319.00; Property Maintenance Standards (a copy
of which is•attached for your reference) . Specifically:.
1. The subject Property is littered with trash, debris, discarded
furniture and other refuse and waste.
2. The swimming pool is dilapidated. The parking lot is in
disrepair and full of potholes and cracks and is improperly
marked; There are broken and/or missing windows and doors
throughout the building.
3. There are dead, dying and overgrown vegetation throughout the
Subject Property.
The Subject Property is also in violation of Palm Springs Zoning
Ordinance Section 9320.10.A.2. Specifically:
1. The sign is dilapidated and has become hazardous due to lack
of maintenance and non-conforming pole signs are prohibited.
Bach and every violation listed above also constitutes a violation
of Section 302.13 and 302.17 of the Code.
The subject Property is also in violation of Palm Springs Municipal
Code Section 11.72.080 which states that any violation of the Palm
Springs Zoning Ordinance is a public nuisance.
The property has been a source of repetitive complaints from a
variety of neighborhood residents as wall as the Palm Springs
Police Department.
Persons 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, profAts 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 17980(b) , you have the
option oi either making the necessary repairs 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 aforementioned thirty (30) day period. If you
either 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
tame, as determined by the city, demolition proceedings may be
initiated by the City. If you fail and/or refuse to comply with
this Notice and Order, the mortgagee and/or beneficiary under any
deed of trust encumbering the subject property may comply with the
Notice and Order within fifteen (15) days of the expiration of the
above-referenced thirty (30) day period. 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 Property.
CORRECTIVE ACTIONS REQUIRED:
1) secure a permit to restore structure to habitable
condition including any required rehabilitation of
electrical, mechanical and plumbing systems.
2) Establish a program acceptable to the Department of
Notice & Order
Concerning a Dangerous- Building
Page 4
Planning and Building addressing the continuing exterior
maintenance of the property. Such a program shall
ificluds landscaping, lighting and parking facilities.
3) Ensure required inspections are done.
4) Remove all trash, junk, debris, furniture, dead
vegetation and other discarded items.
5) Repaint all buildings, walls and fences. (Architectural
Approval required)
6) Re it and properly maintain swimming pool and equipment;
maintain properly.
7) Repair parking lot per City specifications. (Contact
Building a Planning for specifications) .
8) Prune and trim vegetation. Repair and maintain all"
irrigation systems. Remove and replace dead vegetation.
9) Remove sign or replace with a sign which conforms to
current standards.
You and any other nsbansible parties will be subject *._. 7is i
for tieyment of all costs which the _City incurs to initiates
abatement__�rog� isan including but not
i imi �A to all cos of ins act �.+ imresti- -mot-- �f lens. assessment-
XMir. mi&iaation. U;d' a in,,, removal re}habil n. ae...m
storages#raffic control, law enforcemint aratfigu n and other
cons ential directni$ Indirect costs-relating to such abatement,
Current fees for City costs are as follows:
• general staff and inspection time - ' $50.00/hour
(1/4 hour minimum.)
• city attorney time - $145.00/hour
RIGHT OF APPBALI Any person having record title or legal interest
in the building may appeal from the Notice and Order or an action
of the Building Official or designee to the Board of Appeals,
provided the appeal is made in writing and in the farm required by
Section $01.1 of the Uniform Code For The Abatement of Dangerous
Buiidingy and filed 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 waiver of all right to an administrative
hearing 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 Uniform Code For The Abatement of Dangerous
Buildings. A Complete text of said code is attached. Please
direct your appeal to: Board of Appeals, City. of Palm Springs-
Building Division, PO Box 2743, Palm Springs CA 92263 (619) 323-
8242.
Pursuant to Revenue and Taxation Code sections 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 year 1996.
6 07� � ~
Notice & Order
C
Concerning a Dangerous Building
Page 3
If you would like to make arrangements for an acceptable schedule
of repairs, please Contact Lissa Reeder-McLain or Richard Pateneuds
at (619) 323-8245 within the above-referanced time period.
DATED this (- day of `7 r� , 1997.
I&Izza mcKrAia c r..
Community Preservation officer
le_;4 e;\
Richard Ep Patenaude
Planning Manager
�1 osted on Property
Notice & order ;
concerning a Dangerous Building
Page 6
I
1994 Abatement of Dangerous Buildings
Chapter 5
APPEAL
General
Sea. 501.1 Porn of Appeal. Any person entitled to service
under Section 401.3 may appeal from any notice a}id order or any
action of the building official under this code by filing at the
office of the building official a written appeal containing:
1. A heading in the words: "Before the Board of Appeals of
the . . . . . . . . . . of . . . . . . . . . .
°
2. A caption reading: „Appeals of .N, 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.
G. The signatures of all parties named as appellants and
their official mailing addresses.
7. The verification (by declaration under penalty of
perjury) of at least one appellant as to the truth of the matters
stated in the 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 ilmmediately dangerous to the life, limb, property or
safety og the public or adjacent property and is ordered vacated
and is posted in accordance with Section 404, such appeal shall be
filed within 10 days from the date of the service of the notice and
order of the building official.
501.2 Processing of Appeal. tTFon receipt of any appeal filed
pursuant to this section, the building official shall present it at
the next regular or special meeting of the board of appeals.
501.3 Scheduling and Noticing Appeal for Eearing. As soon as
practicable after 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 6o 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.
Effect of Failure to Appeal
of
8e0. 502. Failure of any person to file an appeal in
accordance with the provisions of Section 501 shall constitute a
waiver of the aright to an administrative hearing and adjudication
of the notice and order or to any portion thereof.
law a — of
Notice & Order
Concerning a Dangerous Building
Page 7
Scope of Hearing on Appeal
See. 503* only those matters or issues specifically raised by
the appellant shall be considered in the hearing of the appeal.
staying of Order of Appeal
Sec. 504. Except for vacation orders made pursuant to Section
404, enforcement of any notice and order of the building official
issued under this code shall be stayed during the pendency of an
appeal therefrom which is properly and timely filed.
NOTICE
AND .
ORDER
RE : DEMOLITION
Date of Issuance: June 25, 1999
Bile No. 9506-06.01f
NOTICE TO: Jose E. Guerrero
646 Junipero Avenue
Long Beach, CA 90814
Barton Charles Adrian
24120 Adams Avenue
Murrietta, CA 92562
General Description: 2150 N. Palm Canyon Dr.
Palm Springs, CA 92262
("Subject Property")
Legal Description: Assessor's Parcel No. 504-270-009
(See Exhibit "A" attached hereto
In accordance with Chapter 4 of the Uniform Code For the Abatement
of Dangerous Buildings (the "Code") as adopted and amended by the
City of Palm Springs, Notice is hereby given that a DANGEROUS
BUILDING has been determined to exist on the, property described
herein by reason of conditions found to render the building
dangerous under the provisions of Section 302 of said Code. A copy
Q
7M4W-�l WOM
/WPA "Wa
Notice & Order
Concerning a Dangerous Building
Page 2
of Section 302 of the Code is attached for your reference. The
conditions found to exist are described as follows:
R
1. The flooring in all kitchens and baths is substandard in
violation of Section 302.2 of the Code.
2. There are broken windows, doors and door jambs constituting an
attractive nuisance in violation of Section 302.12 of the
Code.
3 . Structural deficiencies of the Subject Property are suspected
due to broken posts, improper connections, fire damaged
framing members, rotted and broken sill pates, possible
substandard installations of supports for evaporative coolers.
The foregoing conditions are in violation of section 302.5 of
the Code.
4. The patio area and laundry room have been damaged by fire.
There are holes in the interior and exterior walls. Plumbing
fixtures are in need of cleaning, repair or replacement.
water heaters are in need of repair or replacement. There are
unpermitted and illegal conversions throughout the Subject
Property. The foregoing conditions are in violation of
Section 302.13 of the Code.
5. There are missing electrical fixtures, cover plates, exposed
electrical conductors, improper use of and type of conduit and
unsupported or improperly supported conduit. Electrical
panels are in need of repair or replacement. All circuits
must be labeled and dead fronts installed. The evaporative
coolers and electrical connections to the coolers are
substandard. The pool and pool equipment are not in
compliance with current codes. Smoke detectors are missing.
Ventilation and heating systems are not in proper operating
condition. The area used to store combustible or flammable
liquids is improperly constructed. The foregoing conditions
are in violation of Section 302.16 of the Code.
The Subject Property is also in violation of Palm Springs Zoning
Ordinance Section 9319.00; Property Maintenance Standards (a copy
of which is attached for your reference) . Specifically:
1. The Subject Property is littered with trash, debris, discarded
furniture and other refuse and waste.
2. The swimming pool is dilapidated. The parking lot is in
disrepair and full of potholes and cracks and is improperly
marked; There are broken and/or missing windows and doors
throughout the building.
3 . There are dead, dying and overgrown vegetation throughout the
Subject Property.
The Subject Property is also in violation of Palm Springs Zoning
Ordinance Section 9320.10.A.2. Specifically:
1. The sign is dilapidated and has become hazardous due to lack
of maintenance and non-conforming pole signs are prohibited.
Each and every Violation listed above also constitutes a violation
of Section 302.13 and 302.17 of the Code.
The Subject Property is also in violation of Palm Springs municipal
Code Section 11.72.080 which states that any violation of the Palm
Springs Zoning Ordinance is a public nuisance.
7WM4ot4.ouow==.i
Notice & Order
Concerning a Dangerous Building
Page 3
has been a source of
vari property
ne neighborhood residents as repetitive
s the complaints
Springs
Police Department.
Persons 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 17980 (b) you have the
option of either making the necessary repairs 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 aforementioned thirty (30) day period. if you
either 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
initiated 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. 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 Property.
1) Secure a permit to restore structure to habitable
condition including any required rehabilitation of
electrical, mechanical and plumbing systems.
2) Establish a program acceptable to the Department of
Planning and Building addressing the continuing exterior
maintenance of the property. Such a program shall
include landscaping, lighting and parking facilities.
3) Ensure required inspections are done.
4) Remove all trash, junk, debris, furniture, dead
vegetation and other discarded items.
5) Repaint all buildings, walls and fences. (Architectural
Approval required)
6) Repair and properly maintain swimming pool and equipment;
maintain properly.
7) Repair parking lot per City specifications. (Contact
Building & Planning for specifications) .
8) Prune and trim vegetation. Repair and maintain all
irrigation systems. Remove and replace dead vegetation.
9) Remove sign or replace with a sign which conforms to
current standards.
her parties wiat gF. all Q the
ll be aubiect to 1 ahiiir�
abatement rocedures nA r., =t,.r 1
P the nui same, including?J& nr.r
4W"WWZW0.J 3
sora•
Notice & Order
Concerning a Dangerous Building
Page 4
limited to all costs of inspection. investigations, assessment,
repair, ga�ion =diation, removal, rehabilitation, security,
012=a . traffic control, law enforcement protection and other
consequential direct and indirect costs relating to auch_abatement,
including all administrative and legal fees and costs.
Current fees for City costs are as follows:
• general staff and inspection time - $50.00/hour
(1/4 hour minimum. )
• city attorney time - $145.00/hour
RxOHT OF APPEAL: ,Any person having record title or legal interest
in the building 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 501.1 of the Uniform Code For The Abatement of Dangerous
Buildings and filed 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 imm diately 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 waiver of all right to an administrative
hearing and dete=i ation 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
not forth in the Uniform Code For The Abatement of Dangerous
Buildings. A complete text of said code is attached as Exhibit "B"
hereto. Please direct your appeal to: Board of Appeals, City of
Palm Springs Building Division, PO Box 2743, Palm Springs CA 92263
(619) 3238242.
Pursuant to Revenue and Taxation Code sections 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 1997 or 1998.
If you would like to make arrangements for an acceptable schedule
of repairs, please contact Dirk Voss at (760) 323-8245 within the
above-referenced time period.
�
DATED this I 9t- day of V1A1.�. 1999.
Dirk--Voss
Sr. Community Preservation Officer
Dou 1 s BVjM
Director f Planning & Zoning
S •ti/ l , 0%QL 01 Posted on Property
7&DNI40844003VU0.I I0WA"
LEGAL DESCRIPTION
THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SAID SECTION 3, TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN BERNARDINO BASE
AND MERIDIAN, AS SHOWN BY THE UNITED STATES GOVERNMENT SURVEY,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF TH8 SOUTHEAST QUARTER OF SAID
SECTION 3; THENCE NORTH 000 11' EAST, ALONG THE EAST LINE OF SAID
SOUTHEAST QUARTER, 1324.26 FEET; THENCE NORTH 890 58' WEST, 710.59
FEET TO A POINT ON THE NORTHEASTERLY LINE OF THE STATE HIGHWAY;
THENCE NORTH 380 24' WEST, ALONG THE NORTHEASTERLY LINE OF SAID
STATE HIGHWAY, 166.15 FEET TO THE TRUE POINT OF BEGINNING; THENCE
NORTH 380 24' WEST, ALONG THE NORTHEASTERLY LINE OF SAID STATE
HIGHWAY, 127.66 FEET; THENCE SOUTH 890 58' EAST, 535.51 FEET, MORE
OR LESS, TO THE WESTERLY LINE OF THE RIGHT OF WAY OF THE WHITEWATER
MUTUAL WATER COMPANY; THENCE SOUTH 60 17' EAST, ALONG THE WESTERLY
LING OF SAID RIGHT OF WAY, 100.61 FEET; THENCE NORTH 890 58' WEST,
467.23 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING;
EXCEPTING THEREFROM THE EAST 30 FEET, AS GRANTED TO THE CITY OF
PALM SPRINGS, BY DEED RECORDED MAY 6, 1947 IN BOOK 825 PAGE 482 OF
OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA;
ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE CITY OF PALM
SPRINGS IN DOCUMENT RECORDED MARCH 29, 1961 A INSTRUMENT NO. 26553
OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
7 M408COMMM&LIOVA" EXHIBIT "A"
1997 Abatement of Dangerous Buildings
Chapter 5
APPEAL
General
Sec. 501.1 Form of Appeal. Any person entitled to service
under Section 401.3 may appeal from any notice and order or any
action of the building official under this code by filing at the
office of the building official a written appeal containing:
1. A heading 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 contentigns of the appellant.
S. 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 under penalty of
perjury) of at least one appellant as to the truth of the matters
stated in the 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 404, such appeal shall be
filed within 10 days from the date of the service of the notice and
order of the building official.
301.2 Processing of Appeal. Upon receipt of any appeal filed
pursuant to this section, the building official shall present it at
the next regular or special meeting of the board of appeals:
501.3 Scheduling and Noticing Appeal for Hearing. As soon as
practicable after 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.
Effect of Failure to Appeal
Sec. 502. Failure of any person to file an appeal in
accordance with the provisions of Section 501 shall constitute a
waiver of the right to an administrative hearing and adjudication
of the notice and order or to any portion thereof.
78WOMOU400NUMO.1 +O62M MMIDIT "B"
Scope of Hearing on Appeal
Sec. 503. only those matters or issues specifically raised by
the appellant shall be considered in the hearing of the appeal.
Staying of Order of appeal
Bee. 504. Except for vacation orders made puxsuanir to Section
404, enforcement of any notice and order of the building official
issued under this code shall be stayed during the pendency of an
,appeal therefrom which is properly and timely filed.
it IV
red 14084-�.I 4064 n9 EXHIBIT RBR
DECLARATION OF POSTING
I,Dirk Voss, declare:
1)The facts ad forth below are known personally to me and called upon could and would testify
thereto.
2)I am employed by the City of Palm Springs as a Senior Community Preservation Officer. One of my
job duties is to cause the posting of Notices to Abate Nuisance on behalf of the City of Palm
Springs.
3)On Auggst 18. 1999 a copy of the Notice to Abate Nuisance dated Aug M 18. 1999 for the
property located at 3150 N_Palm Camron Drives Palm Springs, California was posted
conspicuously on the property.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and
correct.
Executed thisl8th day of August 1999_at Palm Springs,California.
oss
DECLARATION OF MAILING
I,Dirk Vos% 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 the Senior Community Preservation Officer
3) On AMeust 18, 1999. I caused a copy of the Notice to Abate Nuisance dated August 19,1999 to
be mailed by certified mail, return receipt requested to the owner(s)of record as listed on the latest
tax roll and all parties holding a beneficial interest in the property located at 2150 N.Palm QMM
Ain as follows:
*Jose E. Guerrero, 646 Junipero Avenue,Long Beach, Ca. 90814
* Charles Adrian Barton, 24120 Adams Avenue,Murrieta,Ca. 92562
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and
coed.
Executed this 18th day of uA aunt,JM at Palm Springs,California.
4�goas
Jose E. Guerrero
646 Junipero Ave
Long Beach, Ca. 90814
Barton Charles Adrian&Deborah Joe Adrian
24120 Adams Ave.
Murrieta, Ca. 92562
NOTICE TO ABATE NUISANCE
The owner of the building situated at 2150 N.Palm Canyon,Palm Springs, California is hereby notified
to appear before the City Council for the City of Palm Springs, governing board of the Planning and
Building Department for the City of Palm Springs, at its meeting to be held October 06, 1999, at
3200 E. Tahquitz Canyon Way,Palm Springs, California in the Council Chambers at the hour of
7:00 pm, or as soon thereafter as he/she may be heard,and show cause, if any he/she has,why said
building should not be condemned as a public nuisance and said nuisance be abated by reconstructing
or properly repairing said building or by rating or removing same.
Dated:
Plannin and Iluilding Department
City of Palm Springs
By. gkZ: 4'
Dirk—�/'
Sr. Community Preservation Officer
1 re
;=1
/PROOF OF PUBLICATION This is space for County Clerk's Piling Stamp
(2015.5.C.C.P)
No 6439 - - - - - - - --
CITY OF PALM SPRINGS
NOTICE INVITING BIDS
ASBESTOS ABATEMENT AND DEMOLITION
PROJECT 635 CHUCKWALLA ROAD
2150 W PALM CANYON DRIVE
DESERT MOON
PALM PRINGS CALI ORNIA
CITY PROJECT 00-28
N-1. NOTICE IS HEREBY GIVEN that sealed
bids for the Asbestos Abatement and Demolition
Project will be received at the office of the Pro-
curement Manages of the City of Palm Springs,
California, unhl 1000 A.M. on November 14,
STATE OF CALIFORNIA California,
at which time they will be opened and read
County Of RIVOCSIde N-Z-DCSCRIPTION ar�lVOro. 11e Mork com-
prises abatement of exposure to all asbestos haz-
e ds demolition, removal and disposal of exishnq
structures at 635 Chuckwalla Road and 2150 N
Palm Canyon Drive (Desert Moon), Including all
site appurtenances, slabs and foundations; fur-,
naming and constructing Imported borrow, grad-
ing, removing and capping utilities, reconstructing
the site to a compacted flat plane ground surface,
and all a urtenan[ nrork
N-3 AWARD OF CONTRACT: (a) The City re-
serves the right after opening bids to reject any or
all bids, [o waive any Informality (non-responsive-
loss) in
bid, or to make award to the lowest
I am a citizen of the United States and a resident of responsive,responsible bidder on the basis of the
total sum of Bid Schedules A and B,and reject all
the Comity aforesaid;I am over the age of eighteen other bids, as It ma best serve the interest of the
City Bidders shall to on all Bid Schedules
years,and not a party to or interested in the (b)As a condition of award,the successful bidder
will be required to submit payment and perfor-
above-entitled matter.I am the principal clerk of a manna bond. and insurance.
printer of the,DESERT SUN PUBLISHING N-4 BID SECURITY: Each bid shall be accoutre-
COMPANY a newspaper of general circulation, in th
nied by a certified or cashier's check or Bid Bond
e amount of 10 percent of the total bid price,
a able to the Cty of Palm Springs.
printed and published in the city of Palm Springs, BIDS TO REMAIN OPEN: The Bidder shall
guarantee the Total Bid Pnce for a coined of 60
County of Riverside,and which newspaper has been calendar days from the date of bid openingq.
N-6 CONTRACTOR'S LICENSE CLASSIFICA-
adjudged a newspaper of general circulation by the TION: The Bidder .hall possess a valid Contrac-
Superior Court of the County of Riverside,State of for License at the nine of submitting bids. Bidder
shall hold either a Class B-1 License with Ashes-
California under the date of March 24,1988.Case too Certification or a Class C-21 License with As-
me
Number 19123G that the notice,of which the cerise certification from the contractor.state he
cease Boate gard AND Asbestos Conttication from the
ces
annexed is a printed copy(set in type not smaller Nt7 PREVAILING WAGEdiment of RATEth S NOT APPLICA-
LE:than non par'iel,has been published ill each regular pre, asiprovided underfor the ndingCityCharterork is with ,all
II NOT n es
and entire issue of said newspaper
per and not in any N�ccc7luire compllance with the prevailing wage re-
e PAY The Con-
tractor supplement thereof oil the Following dates,to wit: 8 RrTAINAGE FROM PAYMENTS:tractor may elect to receive 100 percent of pay-
ments due under the Contract Documents from_
time to time, without retention of any portion of -
October 31st,November 7th the payment by the Cityy, by depositing securities
-- ---- ------- - - -------- ---------- ----- -- of equivalent value witYi the Ciyy in accordance
with the provisions of Section 22300 of the PnbIIC
Contract Code.
N-9 PRE-BID VISIT TO WORK SITE:Prospective
------------------------_____-------------_--------------------- bidders are required to attend a pre-bid walk
ovough of the proposed work site and existing
faallties that wdl be conducted by the City at
10.00 A M on November 8,2000,commencing at
All ID the yeal-2000 635 Chuckwalla Road.Failure to participate in the
pre-bid meeting will tender a bidder as nori
-ansive
I certify(or declare)lender penalty of perjury that the 10 OBTAINING OR INSPECTING CONTRACT
DOCUMENTS: (a) Contract Documents may be
foregoing is true and correct. i inspected without charge at the office of the City
Engineer, 3200 East Tail Canyon Way, Palm
7th Springs, CA 92262
(b) Complete sets of said Contract Documents
Dated at Palm Springs,California this--------------day may be purchased at$25.00 per set and are ob-
November tamable from the oftira of the City Engineer, 3200
East fencers: Canyon Way, Palm Springs, CA
ot-------------------------------------- 2000 92262. No refund will be made of any charges for
e sets of Contract Documents.
(c)An additional lee of$20 00 will be charged for
sets of documents sent by mall.
/�r/ f' N-11 ADDRESS AND MARKING OF BIDS: The
,�/—t / �;_� envelope ec.lo-mg the Bid hall be sealed and
----------------X =5,.1 = -d--------G addressed to the GRy of Palm Springs, and shall
Signature be delivered or mailed to the Procurment Manag-
g er at 3200 East Tahquitz Canyon Way, Palm
Springs, CA 92262 The envelope shall be pplainly
marked In the upper left hand corner with the
name and address of the Bidder and shall bear
the words "Bid For .." followed by the title of the
Project and the date and hour of opening Bids.
The certified or cashier s check or Bid Bond shall
be anclosed in the same envelope with the Bid.
BY ORDER OF THE CITY OF PALM SPRINGS
Date Oct 27 2000
By A/David J.Beralaeo PE
City Engineer
r Palm c nnr-
RESOLUTION NO. 19660
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, FINDING AND DECLARING THE BUILDING
AT 2150 N. PALM CANYON TO BE A PUBLIC NUISANCE
AND ORDERING THE ABATEMENT THEREOF.
WHEREAS, at 2150 N. Palm Canyon is located an abandoned hotel
building and is more particularly described as 1.10 Acres M/L in
Par SE 1/4 of Sec. 2 T4S R4E, Assessor' s Parcel No. 504-270-009
in the City of Palm Springs, County of Riverside, State of
California(the "Subject Property") ; and
WHEREAS, on or about December 10, 1996, after obtaining the
written consent of the owner of record, the building located at
2150 N. Palm canyon was inspected by City of Palm Springs
("City") Community Preservation Officers and Building Inspectors
and found to be in a substandard, dangerous and uninhabitable
building, in violation of Chapter 4 of the Uniform Code for the
Abatement of Dangerous Buildings, adopted by reference into the
Palm Springs Municipal Code, Section 8.04.040; and
WHEREAS, on March 11, 1997, a Notice and Order Concerning a
Dangerous Building was issued on the Subject Property located at
2150 N. Palm Canyon as a result of the inspection conducted by
City Community Preservation Officers; and
WHEREAS, specific violations found during the December 10, 1996,
and subsequent inspections, include, substandard flooring;
broken windows, doors and door jambs; structural deficiencies;
fire damage to the patio area and laundry room; inoperative
plumbing fixtures and water heaters; inoperative electrical
fixtures; missing smoke detectors; inoperative ventilation and
heating systems; improper property maintenance; storage area for
combustible or flammable liquid is improperly constructed; and
WHEREAS, on April 9, 1998, the owner of record appealed the
Notice dated March 11, 1997; and
WHEREAS, the appeal was heard by the Board of Appeals on June
12, 1997 and the Board of Appeals developed a schedule to enable
the owner of record to rehabilitate the property; and
WHEREAS, the substandard, dangerous and uninhabitable
conditions have been left unrepaired or uncorrected for over one
year though notice of the conditions was sent to the owner of
record on March 11, 1997 and the Board of Appeals developed
a schedule to enable the owner of record to rehabilitate the
property at the June 12, 1997 appeal hearing; and
WHEREAS, the substandard, dangerous and uninhabitable conditions
make the building at 2150 No. Palm Canyon a public nuisance as
defined in Health and Safety Code section 17920, Uniform Housing
Code Section 202, Uniform Code for the Abatement of Dangerous
Buildings, Chapter 302 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 2150 Palm Canyon by certified mail, return
receipt requested on July 0.1, 1999; and
1 ' awc
Resolution No. 19660 / .r�ew�
page 2
WHEREAS, as required by California Code of Regulations, title
25, section 60, and Health and Safety Code section 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
mailed to all owners, mortgagees and trust deed beneficiaries of
2150 N. Palm Canyon by certified mail, return receipt requested
on August 18, 1999; and
WHEREAS, the owners, mortgagees, and trust deed beneficiaries
have not made any repairs to the building, which remains in a
substandard, dangerous and uninhabitable condition; and
WHEREAS, a public hearing was held before the City Council on
October 6, 1999, and all interested parties were given an
opportunity to be heard regarding the declaration of the
building at 2150 N. Palm Canyon 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 2150 N. Palm
Canyon:
1. The flooring in all kitchens and baths is
substandard in violation of Section 302.2
of the Uniform Code for the Abatement of
Dangerous Buildings (the "Code") .
2. There are broken window, doors and door
jambs constituting an attractive
nuisance in violation of Section 302.12
of. the Code.
3. Structural deficiencies of the Subject
Property are suspected due to broken
posts, improper connections, fire
damaged framing members, rotted and
broken sill pates, possible substandard
installations of supports for
evaporative coolers. The foregoing
conditions are in violation of Section
302.5 of the Code.
4. The patio area and laundry room have
been damaged by fire. There are holes
in the interior and exterior walls.
Plumbing fixtures are in need of
cleaning, repair or replacement. Water
heaters are in need of repair or
replacement. There are unpermitted and
illegal conversions throughout the
Subject Property. The foregoing
conditions are in violation of Section
302.13 of the Code.
5. There are missing electrical fixtures,
cover plates, exposed electrical
conductors, improper use of and type of
2
Resolution No. 19660
Page 3
conduit and unsupported or improperly
supported conduit. Electrical panels
are in need of repair or replacement.
All circuits must be labeled and dead
fronts installed. The evaporative
coolers and electrical connections to
the coolers are substandard. The pool
and pool equipment are not in compliance
with current codes. Smoke detectors are
missing. Ventilation and heating
systems are not in proper operating
condition. The area used to store
combustible or flammable liquids is
improperly constructed. The foregoing
conditions are in violation of Section
302.16 of the Code.
6. The Subject Property is littered with
trash, debris, discarded furniture and
other refuse and waste in violation of
Palm Springs Zoning Ordinance section
93109.00 (the "Municipal Code) .
7. The swimming pool is dilapidated. The
parking lot is in disrepair and full of
potholes and cracks and is improperly
marked; there are broken and/or missing
windows and doors throughout the
building. The foregoing conditions are
violations of section 9319.00 of the
Municipal Code.
8. There are dead, dying and overgrown
vegetation throughout the Subject
Property in violation of section 9319.00
of the Municipal Code.
9. The sign is dilapidated and has become
hazardous due to lack of maintenance and
non--conforming pole signs are
prohibited. The foregoing conditions
are in violation of section 9320.10.A.2
of the Municipal Code.
Section 3. The City Council finds and declares these
defects have created conditions of inadequate
sanitation, inadequate ventilation, 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 2150 N. Palm Canyon to be substandard,
dangerous and in violation of Health and
safety Code Section 17920.3 and Chapter 302
of the Uniform Code of the Abatement of
Dangerous Buildings, adopted by reference
into the Palm Springs Municipal Code, Section
8.04.040
/_ � - 3
3
Resolution No. 19660
Page 4 / s�C tv
Section 4. The City Council finds and declares that, because
of the substandard, dangerous and uninhabitable
conditions created by the inadequate sanitation,
inadequate ventilation, faulty weather protection,
and accumulation of debris, the building at 2150
N. Palm Canyon is a public nuisance as defined in
Health and Safety Code Section 17920, Uniform Code
for the Abatement of Dangerous Buildings, Chapter
202 and Palm Springs Municipal Code Chapters
11.72.090 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 5 3479, 3480,
incorporated by reference into Health and
Safety Code
5 17920. )
All buildings or portions thereof which are
determined after inspection by the building
official to be dangerous as defined in this
code are hereby declared to be public
nuisances and shall be abated by repair,
rehabilitation, demolition or removal.
(Uniform Code for the Abatement of Dangerous
Buildings Chapter 202, incorporated by
reference into Palm Springs Municipal Code 5
8.04.040. )
All such unsafe buildings, structures or
appendages are hereby declared to be public
nuisances. . . (Uniform Building Code 5 203,
incorporated by reference into Palm Springs
Municipal Code 5 8.04.010)
Any violation of the Uniform Building Code as
amended is a public nuisance. (Palm Springs
Municipal Code Section 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)
required 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
4
Resolution No. 19111
Page 5
the Housing Code or such alternate procedure
as may have been or as may be adopted by this
jurisdiction. As an alternative, the
building official, or other employee or
official of this jurisdiction as designated
by the governing body, may initiate any other
appropriate action to prevent, restrain,
correct or abate the violation.
Section 8. The City Council finds and declares that, as
required by California 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
2150 N. Palm Canyon, but those owners,
mortgagees, and trust deed beneficiaries
failed to respond or make any 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 buildings at
2150 N. Palm Canyon 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.
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 bf 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.
~ `j d
5 I
Resolution No. 19660
Page 6
ADOPTED this 6th th day of October, 1999.
AYES: Nmbers Barnes, Hodges, Oden, Reller-Spurgin and Mayor Kleindienst
NOES: None
ABSENT: None
ABSTAIN. None
ATTEST:
CITY Or PALM SPRINGS,
CALIFORNIA.
CITY CLERK CITY MANAGER
REVIEWED s APPROVED 6f1lC=�l
6