HomeMy WebLinkAbout18990 - RESOLUTIONS - 3/5/1997 L (
RESOLUTION NO. 18990
OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS„ CALIFORNIA, FINDING AND
DECLARING THE BUILDING AT 1450 N. INDIAN
CANYON DRIVE TO BE A PUBLIC NUISANCE AND
ORDERING THE ABATEMENT THEREOF. '
WHEREAS, 1450 N. Indian Canyon Drive is an abandoned hotel,
restaurant and bar and is more particularly described as Los
1 and 2 of Joyce Tract, in the City of Palm Springs, County of
Riverside, State of California, as per map recorded in Book
20, Page 66, in the Office of the County Recorder; and
WHEREAS, on October 31, 1994, the building located at 1450 N.
Indian Canyon Drive was inspected by City Community
Preservation Officers and found to be in a substandard and
uninhabitable condition, in violation of Section 104 (d) of the
Uniform Building Code, adopted by reference into the Palm
Springs Municipal Code, Section 8 . 04 . 010; Section 104 (d) of
the Uniform Mechanical Code, adopted by reference into the
Palm Springs Municipal Code, Section 8 . 04 . 020; Section 10 .4 (d)
of the Uniform Plumbing Code, adopted by reference into the
Palm Springs Municipal Code, Section 8 . 04. 030; and Section
102 (d) of the Uniform Administrative Code Provisions of the
National Electrical Code, adopted by reference into the Palm
Springs Municipal Code Section 8 . 04 . 055; and
WHEREAS, on November 22 , 1996 , the City attorney obtained an
Inspection Warrant to enable City Representatives to inspect
the property for an.y code violations. Inspection of the '
property was conducted shortly thereafter.
WHEREAS, on December 19 , 1996, a Notice and Order Concerning
a Dangerous Building was issued on the property located at
1450 N. Indian 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, Chapter 8 . 04 . 040 ; and
WHEREAS, specific violations found during the October 31,
1994, and subsequent inspections, include a damaged balcony
deck, destruction of a portion of the building by fire, loose
guardrails, deteriorated roof, evidence of fire and
accumulation of human waste, liquor bottles and drug
paraphernalia, substandard hot water heaters, substandard
electrical connections, lack of heating cooling or
ventilation, lack of sanitation facilities, open plumbing
systems resulting in emission of sewer gases; and
WHEREAS, the substandard, dangerous and uninhabitable
conditions have been left unrepaired or uncorrected for over
three years thougl'.r notice of the conditions was sent to the ,
building owners on October 31, 1994, December 14, 1994, April
20, 1995, December 19 , 1996 and February 24, 1997; and
WHEREAS, the substandard, dangerous and uninhabitable
conditions make the building at 1450 N. Indian Canyon Drive a
public nuisance as defined in Health and Safety Code Section
17920, Uniform Building Code Section 203 , Uniform Mechanical
Code Section 202, Uniform Plumbing Code Section 10 . 5, Uniform
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Administrative Code Provisions for the National Electrical
Code Section 202, Uniform Code for the Abatement of Dangerous
Buildings Chapter 302 and Palm Springs Municipal Code Section
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 substandard, dangerous and uninhabitable
conditions and an order to abate the nuisance was mailed to
all owners, mortgagees and trust deed beneficiaries of 1450 N.
Indian Canyon Drive by certified mail, return receipt
requested on December 19 , 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 condeimaed 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 1450 N. Indian 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 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 1450 N. Indian 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 1450 N. Indian
Canyon Drive:
1 . Several areas of the balcony deck exhibit
damage caused by long term weather
exposure and possible structural
deficiencies .
2 . A portion of the building has been
destroyed by fire.
3 . Guardrails throughout the property are
loose.
4 . The roof covering is in a deteriorated
condition.
S . There is evidence of fires, accumulation
of human waste, liquor bottles and drug
paraphernalia indicative of habitation by
transients in several of the residential
units.
6 . The electrical connections and materials
are substandard.
7 . HVAC units are missing.
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8 . There are no separate dedication circuits
provided for heating, cooking or
ventilation.
9 . The property lacks the required
sanitation facilities .
10 . The plumbing systems are open resulting '
in the: emission of sewer gases .
11 . The property is littered with weeds, tree
trimmings, refuse and waste.
12 . The building requires repainting.
13 . Landscape lighting fixtures need repair.
14 . There are no appropriate trash
enclosures .
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
1450 N. Indian Canyon Drive to be substandard,
dangerous and in violation of Health and
Safety Code Section 17920 .3 ,, Section 104 (d) of
the: Uniform Building Code, adopted by
reference into the Palm Springs Municipal ,
Code, Section 8 . 04 . 010; Section 104 (d) of the
Uniform Mechanical Code, adopted into the Palm
Springs Municipal Code, Section 8 . 040 . 020;
Section 10 .4 (d) of the Uniform Plumbing Code,
adopted by reference into the Palm Springs
Municipal Code, Section 8 . 04. 030 ; Section
102 (d) of the Uniform Administration Code
Provisions of the National Electrical Code,
adopted by reference into the Palm Springs
Municipal Code, Section 8 . 04 . 055 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
uni-nhabitable conditions created by the
inadequate sanitation, inadequate ventilation,
faulty weather protection, and accumulation of
debris, the building at 1450 N. Indian Canyon
Drive is a public nuisance as defined in
Health and Safety Code Section 17920, Section
203 of the Uniform Building Code, adopted by '
reference into the Palm Springs Municipal
Code, Section 8 . 04 . 010; Section 202 of the
Uniform Mechanical Code, adopted into the Palm
Springs Municipal Code, Section 8 . 040 . 020;
Section 10 .5 of the Uniform Plumbing Code,
adopted by reference into the Palm Springs
Municipal Code, Section 8 . 04 . 030; Section 202
of the Uniform Administration Code Provisions
of the National Electrical Code, adopted by
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reference into the Palm Springs Municipal
Code, Section 8 . 04 . 055; 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 t'he same time
an entire community or neighborhood.
(Civ. Code § 3479 , 3480, incorporated by
reference into Health and Safety Code
§ 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 §
8 . 04 . 040 . )
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)
Any violation of the Uniform Building
Code as amended is a public nuisance.
(Palm Springs Municipal Code Section
11- . 72 .090 _ )
Equipment which is determined after
inspection by the building official to be
unsafe as defined in this Code is hereby
declared to be a public nuisance and
shall be abated by repair,
rehabilitation, demolition or removal .
(Uniform Mechanical Code Section 202,
incorporated by reference into Palm
Springs Municipal Code, Section
B . 04 . 020 . )
Any portion of a plumbing system found by
the building officer to be insanitary, as
defined in this Code is hereby declared
to be a nuisance and shall be abated in
the manner provided by law. (Uniform
Plumbing Code Section 10 .5, incorporated
by reference into Palm Springs Municipal
Code, Section 8 . 04 , 030 . )
Electrical systems or equipment which is
determined after inspection by the
building official to be unsafe as defined
in this Code is hereby declared to be a
nuisance and shall be abated by repair,
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Page 5 rehabilitation, demolition or removal .
(Uniform Administrative Code Provisions
for the National Electrical Code Section
202 , incorporated by reference .into Palm
Springs Municipal Code, Section
8 . 04 . 055 . )
Any structure within the city in a state '
of substantial deter:i.oration., 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 '
continence proceedings to abate the violation by
repair, rehabilitation, vacation, or
demoli_tiOrL 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 repair,
rehabilitation, demolition or removal in
accordance with the procedures set forth in
the: Dangerous Building 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 . Uniform Mechanical Code Section 202 states
that when equipment is found to be unsafe, the '
equipment shall be abated by repair,
rehabilitation, demolition or removal in
accordance with the procedures set forth in
the Dangerous Building Code or such alternate
procedures 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
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designated by the governing body, may initiate
any other appropriate action to prevent- ,
restrain, correct or abate the violation.
Section 9 . Uniform Administrative Code Provisions for the
National Electrical Code Section 202 states
that when electrical equipment is found to be
unsafe, the electrical equipment shall be
abated by repair, rehabilitation, demolition
or removal in accordance with the procedures
set forth in the Dangerous Building Code or
such alternate procedures 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 10 . 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 1450 N. Indian
Canyon Drive, 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 11 . Pursuant to California Code of Regulations,
Title 25, Section 62 , and Municipal Code
Section 11 . 72 .200, the City Council directs
the owner of the building at 1450 N. Indian
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 12 . 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 13 . 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 Cods 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
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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 I'9ayor Kleindienst
NOES : None
ABSENT: None
ABSTAIN: None
ATTEST:
-
CITY CLERK CITY' MANAGER.
REVIEWED &APPROVED !�J•d>�•
1
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