HomeMy WebLinkAbout18989 - RESOLUTIONS - 3/5/1997 � X
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RESOLUTION NO. 18989
THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, FINDING AND
DECLARING THE BUILDING AT 2330 N. PALM
CANYON DRIVE TO BE A PUBLIC NUISANCE AND
ORDERING THE ABATEMENT THEREOF.
WHEREAS, 2330 N. Palm Canyon Drive is an abandoned hotel,
restaurant and bar and is more particularly described a
portion of the southeast quarter of Section 3 , township 4
south, range 4 east, San Bernardino Base and Meridian, as
shown by United States Government Survey, Assessor' s Parcel
No. 504-250-006 in the City of Palm Springs, County of
Riverside, State of California, and;
WHEREAS, on February 29 , 1996, the building located at 2330 N.
Palm Canyon Drive was inspected by City Code Enforcement
Officers and found to be in an unsafe and uninhabitable
condition, in violation of Section 203 of the Uniform Building
Code, adopted by reference into the Palm Springs Municipal
Code, Section 8 . 04 . 010; and
WHEREAS, on November 8 , 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. shortly thereafter.
WHEREAS, on December 17, 1996, a Notice and Order Concerning
a Dangerous Building was issued on the property located at
2330 N. Palm Canyon Drive 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 February 29,
1996, and subsequent inspections, include fire damage to
sheathing and framing, loose plaster soffit, missing draft
stops from soffit area, deteriorated deck and roof sheathing,
broken glazing throughout the property, open plumbing
connections, broken and missing receptacle covers, open and
exposed electrical wiring, missing or damaged exterior light
fixtures, damaged electrical gear, cracked and worn paint,
inadequate irrigation systems; and
WHEREAS, the unsafe, dangerous and uninhabitable conditions
have been left unrepaired or uncorrected for over one year
though notice of the conditions was sent to the building
owners on February 29, 1996, December 17, 1996 and February
24, 1.997; and
WHEREAS, the unsafe, dangerous and uninhabitable conditions
make the building at 2330 N. Palm Canyon Drive a public
nuisance as defined in Health and Safety Code section 17920,
Uniform Building Code Section 203 , 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 unsafe, dangerous and uninhabitable
conditions and an order to abate the nuisance was mailed to
all owners, mortgagees and trust deed beneficiaries of 2330 N.
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Palm Canyon Drive :by certified mail, return receipt :requested
on December 17, 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 2330 N. Palm Canyon Drive by certified mail,
return receipt requested on February 24 1997; and
WHEREAS, the owners, mortgagees, and trust deed beneficiaries
have not made any repairs to the building, which remains in an
unsafe, 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 2330 N. Palm Canyon Drive 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 2330 N. Palm
Canyon Drive:
1. There is fire damage to the sheathing and
framing and to the walk-in refrigerator ,
and kitchen areas .
2 . The plaster soffit is coming loose from
the soffit framing.
3 . The interior courtyard is being accessed
by transients and is being used by
transients for living purposes . Condoms,
feces, razor blades and other drug
paraphernalia have been observed
throughout the property.
4 . Draft stops are missing from the soffit
area.
5 . The deck and roof sheathing are
substantially deteriorated.
6 . The property has been badly damaged and
vandalized.
7. There is broken window glazing throughout
the property .
8 . Plumbing connections are open.
9 . There has been a fire in the kitchen area '
causing substantial damage.
10 .. Litter and debris exists throughout the
property.
11. The paint is cracked and worn on the
buildings and trim.
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12 . Walls are broken.
13 . The lighting fixtures are in disrepair.
14 . Landscape vegetation on the property is
dead or dying.
15 . The irrigation systems are inadequate.
' 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
2330 N. Palm Canyon Drive to be unsafe,
dangerous and in violation of Health and
Safety Code section 17920 . 3 , Section 203 of
the Uniform Building Code, adopted by
reference into the Palm Springs Municipal
Code, Section 8 . 04 . 010 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 unsafe, dangerous and
uninhabitable conditions created by the
inadequate sanitation, inadequate ventilation,
faulty weather protection, and accumulation of
debris, the building at 2330 N. Palm Canyon
' Drive is a public nuisance as defined in
Health and Safety Code section 17920, Uniform
Building Code Section 203 , Uniform Code for
the Abatement of Dangerous Buildings Chapter
202 and Palm Springs Municipal Code Sections
11. 72 . 090 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 nei-ghborhood.
(Civ. Code § 3479 , 3480, incorporated by
reference into Health and Safety Code
§ 17920 . )
All such unsafe buildings, structures or
appendages are hereby declared to be
public nuisances . . . (Uniform Building
Code § 203 , incorporated by reference
into Palm Springs Municipal Code §
8 . 04 . 010 . )
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
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into Palm Springs Municipal Code §
8 . 04 . 040 . )
Any violation of the Uniform Building
Code as amended is a public nuisance.
(Palm. Springs Municipal Code §
11 . 72 . 090 . )
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 . Uniform Building Code Section 203 states that
when a building, structure, or appendage is
found to be unsafe, the building, structure or
appendage shall be abated by repairs,
rehabilitation, demolition or removal in
accordance with the procedures set forth in
the Dangerous Buildings 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
unsafe, dangerous and uninhabitable conditions
and an order to abate the nuisance was
provided to all owners, mortgagees and trust
deed beneficiaries of 2330 N. Palm Canyon
Drive,, but those owners, mortgagees, and trust
deed beneficiaries failed to respond or make
any repairs to the building, which remains in
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a substandard, dangerous and uninhabitable
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
2330 N. Palm Canyon Drive 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
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 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:
0
CITY CLERIC CITY &NAGER
REVIEWED &APPROVED 0-k)-
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