HomeMy WebLinkAbout18988 - RESOLUTIONS - 3/5/1997 Jan,
RESOLUTION NO. 18988
OF 'THE CITY COUNCIL OF TIIE CITY OF PALM
SPRINGS, CALIFORNIA, FINDING AND
DECLARING THE BUILDING AT 909 COTTONWOOD
TO BE A PUBLIC NUISANCE AND ORDERING THE
ABATEMENT THEREOF. '
WHEREAS, 909 Cottonwood contains an abandoned structure and is
more particularly described as Lot 10, Block Bel Desierto
Tract, in the City of Palm Springs, County of Riverside, State
of California, as per map recorded in Book 20 , Page 43 , in the
Office of the County Recorder; and
WHEREAS, on January 24, 1995, the building located at 909
Cottonwood was inspected by City Code Enforcement Officers and
found to be in a substandard 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 November 22 , 1996, the City attorney obtained an
Inspection Warrant to enable City Representatives to inspect
the property for any code violations . Inspection of the
property was conducted sbertly thereafter.
WHEREAS, on December 23 , 1996, a Notice and Order Concerning
a Dangerous Building was issued on the property located at 909
Cottonwood as a result of the inspection conducted. by City
Community Preservation. Officers pursuant to the Inspection
Warrant declaring the building to be in a dangerous and '
uninhabitable condition, in violation of Chapter 302 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, specific violations found during the January 24,
1995 , and subsequeiat inspections, include a deteriorated -roof,
an abandoned pool pit and pool, open plumbing connections
resulting in the emission of sewer gates, missing IIVAC
systems, damaged and unrepairable ducting, destroyed wall
heaters, exposed electrical systems and components posing a
fire threat, deterioration to the exterior and interior
structural frame work, litter and trash throughout the
property, unpainted surfaces and cracked paint; and
WHEREAS, the substandard, dangerous and uninhabitable
conditions have been left unrepaired or uncorrected for over
two years though notice of the conditions was sent to the
building owner' s representative on January 24, 1995 , March 30,
1995 , June 22 , 1995 , December 23 , 1996 and February 24, 1997;
and
WHEREAS, the substandard, dangerous and uninhabitable
conditions make the building at 909 Cottonwood a public '
nuisance as defined in Health and Safety Code Section 17920,
Uniform Housing Code Chapter 4, Uniform Code for the Abatement
of Dangerous Buildings Chapter 302 and Palm Springs Municipal
Code Sections 11 . 72 . 100 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 substandard, dangerous and uninhabitable
conditions and an order to abate the nuisance was mailed to
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all owners, mortgagees and trust deed beneficiaries of 909
Cottonwood by certified mail, return receipt requested on
December 23 , 1996; and
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 909 Cottonwood by certified mail, return
receipt requested on February 24 1.997; 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
March 5, 1997, and all interested parties were given an
opportunity to be heard regarding the declaration of the
building at 909 Cottonwood 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 :
Section1 . 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 909 Cottonwood:
' 1 . The roof covering is in a deteriorated
condition and has caused structural
damage to the main structure.
2 . There are holes in the interior and
exterior walls causing weather
deterioration to the exterior and
interior structural frame work.
3 . The pool pit and pool are abandoned
creating a hazardous condition to
persons, particularly children, who may
wander about the property.
4 . There is evidence of fires, extensive
vandalism and substantial drug
paraphernalia in several of the open
units .
5 . Plumbing connections are open resulting
in the emission of sewer gases .
6 . HVAC systems are missing, ducting is
damaged beyond repair and wall heaters
' are torn apart .
7. The electrical systems and components are
exposed and pose a fire threat .
8 . The Property is littered with trash,
debris, discarded furniture, feces and
graffiti.
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9 . Surfaces of the building :have cracked
paint or are unpainted,.
10 . There are broken and/'or missing doors
throughout the building.
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 909
Cottonwood to be substandard, dangerous and in
violation of Health and Safety Code, Section
17920 .3, Chapter 10 of the Uniform Housing
Code, adopted by reference into the Palm
Springs Municipal Code, Section 8 . 04 . 035 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 .
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 909 Cottonwood is a
public nuisance as defined in Health and
Safety Code Section 17920, Uniform Housing
Code Chapter 4, Uniform Code for the Abatement '
of Dangerous Buildings Chapter 202 and Palm
Springs Municipal Code Sections 11. 72 . 100 and
11. 72 . 160, which read in part 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
§ 1792.0 . )
Insufficient ventilation or illumination,
or inadequate or unsanitary sewage or
plumbing facilities . (Uniform Housing
Code § 401, incorporated by :reference
into Palm Springs Municipal Code §
8 . 05 . 035 . )
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 302 , incorporated by :reference
into Palm Springs Municipal Code §
8 . 04 . 040 . )
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Any violation of the Uniform Housing Code
as amended is a public nuisance. (Palm
Springs Municipal Code § ]-1 . 72 . 100 . )
Any structure within the city in a state
of substantial deterioration, such as
peeling paint on a facade, broken
' windows, roofs in disrepair, damaged
porches or broken steps or other such
deterioration or disrepair not otherwise
constituting a violation and which is
viewable from a public right-of-way or
viewable from the sites of neighboring
properties, is a public nuisance. A
substantial deterioration shall be
defined as per Sections 1001 (b) through
(o) of the Uniform Housing Code as
amended or as per Section 302 of the
Uniform Code for the Abatement of
Dangerous Buildings as amended. (Palm
Springs Municipal Code § 11. 72 . 060 . )
Section 5 . Public nuisances created by substandard and/or
dangerous 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. 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, dangerous and uninhabitable
conditions and an order to abate the nuisance
was provided to all owners, mortgagees and
trust deed beneficiaries of 909 Cottonwood,
but those owners, mortgagees, and trust deed
beneficiaries failed to respond. or make any
repairs to the building, which remains in a
substandard, dangerous and uninhabitable
condition.
Section 8 . 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
' 909 Cottonwood to abate the nuisance within
thirty (30) days by having the building
properly reconstructed or repaired, or by
having the building razed or removed.
Section 9 . The City Council directs the Building Official
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
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after a notice of this resolution is posted on
the building.
Section 10 . 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 remov:in.g the building,
including all administrative and legal costs
and. expenses . The City is further authorized
to proceed and pursuant to Palm Springs
Municipal Code Section 11. 72 . 265 and
California Code of Regulations, Title 25 ,
Section 70, establish a lien against the
property for reimbursement of the City' s
reasonable abatement expense. 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, as to the reasonableness of the costs .
ADOPTED this 5th th day of March 1997 .
AYES • Members Barnes, Hodges, Oden, Spurgin and Mayor Kleindienst
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
CITY CLERK CITY MANAGER.
REVIEWED &APPROVED
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