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Home My WebLink About19147 - RESOLUTIONS - 11/5/1997 RESOLUTION NO. 19147 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, UPHOLDING THE DECISION OF THE DIRECTOR OF PLANNING & BUILDING REGARDING ' INOPERATIVE VEIUCLES AT 2460 TUSCAN ROAD. WHEREAS the Department of Planting& Building of the City of Palm Springs found that vehicles located at 2460 Tuscan Road are not completely enclosed in a building, nor by a fence or wall, nor are they stored lawfully in connection with a business of a licensed dismantler, licensed vehicle dealer or a junk yard; and WHEREAS, after inspection of the property, the Department of Planning&Building determined that a public nuisance, as defined by Chapter 11.80 of the Palm Springs Municipal Code, in the form of four inoperative vehicles exists at 2460 Tuscan Road; and WHEREAS the accumulation and storage of abandoned, wrecked, dismantled or inoperative vehicles, or parts thereof, is found to create a condition tending to reduce the value of private property, to promote blight and deterioration, to invite plundering, to create fire hazards, to constitute an attractive nuisance creating a hazard to the health and safety to minors, to create a harborage for rodents and insects and to be injurious to the health, safety and general welfare; and ' WHEREAS Chapter 11.80 of the Palm Springs Municipal Code was adopted for the purpose of abating and removing public nuisances in the form of abandoned, wrecked, dismantled or inoperative vehicles; and WHEREAS the City of Palm Springs has developed a program, known as "Recapture Our Neighborhoods," to improve the safety and appearance of the City's neighborhoods; and WHEREAS one of the aims of"Recapture Our Neighborhoods" in accomplishing its purposes is to abate and remove public nuisances; and WHEREAS the City abates and removes public nuisances both upon discovery by the City's Community Preservation Officers during routine inspections of the neighborhoods and upon receipt of a complaint; and WHEREAS the City has issued notices of intent to abate and remove vehicles constituting public nuisances in 123 instances involving abandoned, wrecked, dismantled or inoperative vehicles between July 1, 1997, and September 30, 1997, 16 of those instances occurring within the northwesterly area of the City corresponding to the location of the subject property; and WHEREAS a complaint was received that a public nuisance in the form of inoperative vehicles exists at 2460 Tuscan Road; and ' WHEREAS the City informed the property owners, Fred Ebeling and Jenell McKimue (Living Trust), by letter on July 11, 1997, that a complaint had been received; and WHEREAS the City issued a Notice of Intention to Abate &Remove an Abandoned, Wrecked., Dismantled or Inoperative Vehicle, or Parts 777ereof, as a Public Nuisance to the property owners of 2460 Tuscan Road on August 19, 1997, requiring abatement of the public nuisance 86 within 10 days, and informing the said property owners of their right.to request a hearing within 10 days regarding the abatement and removal of the vehicles; and 4?6z WHEREAS a request for public hearing from Frederick M. Ebeling was received on August 26, 1997; and WHEREAS a duly noticed public hearing was held by the Director of Planning &]Building on September 16, 1997, pursuant to Chapter 11.80.100 of the Municipal Code; and WHEREAS, after receiving a staff report and testimony from Fred Ebeling, and based on the ' evidence presented, the Director determined that three of the vehicles are inoperative and a public nuisance, and that one of the vehicles is operative and not a public nuisance; and WHEREAS, on September 16, 1997, Fred Ebeling appealed the decision of the Director to the City Council; and WHEREAS the City Council of the City of Palm Springs, pursuant to Chapter 11.80 of the Palm Springs Municipal Code, held a.hearing on October 15, 1997, to consider the order of the Director of Planning&Building;that three inoperative vehicles exist as a public nuisance at 2460 Tuscan Road and that such public nuisance must be abated; and WHEREAS, at the hearing on October 15, 1997, the City Council of the City of Palm Springs considered all the evidence presented, including, but not limited to, the staff report. and the testimony of the property owner, Fred Ebeling, regarding the Director's determination that three of the vehicles stored at 2460 Tuscan Road are inoperative and constitute a public nuisance. THE CITY COUNCIL FINDS AS FOLLOWS: Section 1. The above recitals are all true and correct. ' Section 2. The following vehicles exist as inoperative vehicles, on the property known as 2460 Tuscan Road: 1) yellow Toyota pickup, license #578IOU, expired registration since July 1992, four flat tires, bed used for storage of refuse, parked on unpaved portion of front yard; and 2) gray sports"kit" car, unlicensed, flat tires, tire in engine compartment, partial engine only, parked in driveway against garage; and 3) gray sports "kit" car, unlicensed, flat tires, missing engine belts and water pump, parked in driveway toward the street. Section 3. The 1985 Chevrolet Vetarosa, license#2SVJ659, exists as an operative vehicle. Section 4. The City has an on-going, active program for the abatement of inoperative vehicles and has abated a number of vehicles upon which complaints have been received. Section 5. The vehicles located at 2460 Tuscan Road are not completely enclosed in a building, nor by a fence or wall, nor are they stored lawfully in connection with a business of a licensed dismantler, licensed vehicle dealer or a junk:yard. Section 6. The accumulation and storage of said inoperative vehicles create a condition tending to reduce the value of private property, to promote blight and deterioration, to invite plundering, , to create fire hazards, to constitute an attractive nuisance creating a hazard to the health and safety to minors, to create a harborage for rodents and insects and to be injurious to the health, safety and general welfare. Section 7. Chapter 11.80 of the Palm Springs Municipal Code identifies such inoperative vehicles as public nuisances which may be abated. Res. No. 19147 Page 3 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Palm Springs affirms the determination of the Director of Planning&Building that, pursuant to Chapter 11.80 of the Palm Springs Municipal Code, the following vehicles are inoperative, and as such are public nuisances: 1) yellow Toyota pickup, license #578IOU, expired registration since July 1992, four flat tires, bed used for storage of refuse, parked on unpaved portion of front yard; and 2) gray sports "kit" car, unlicensed, flat tires, tire in engine compartment, partial engine only, parked in driveway against garage; and 3) gray sports "kit' car, unlicensed, flat tires, missing engine belts, parked in driveway toward the street; and THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Palm Springs affirms the order of abatement of the Director of Planning & Building that said vehicles are to be abated pursuant to Chapter 11.80 of the Palm Springs Municipal Code no later than November 20, 1997, at S:OOp.m. ADOPTED this 5th day of November1997. AYES: Members Barnes, Hodges, Oden, Spurgin & Mayor' Kleindienst NOES: None ABSENT: None ATTEST: CITY OF AL GS,0 ORNIA BY \i City Clerk City Ma ger ' REVIEWED & APPROVED AS TO FORM: AlcF