HomeMy WebLinkAbout19175 - RESOLUTIONS - 1/7/1998 qp II RESOLUTION NO. 19175
a THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, FINDING AND
DECLARING THE BUILDING AT 517 E. VISTA
CHINO TO BE A PUBLIC NUISANCE AND
ORDERING THE ABATEMENT THEREOF. '
WHEREAS, at 517 E . Vista Chino is located an abandoned
apartment- building and is more particularly described as Lot
14 MB 018/091 Palm Springs Estates 5, Assessor' s Parcel No.
507-022-004 in the City of Palm Springs, County of Riverside,
State of California (the "Subject Property") ; and;,
WHEREAS, on or about June 6, 1996 , the building located at 517
E. Vista Chino was inspected by City of Palm Springs ( "City" )
Community Preservation Officers and found to be in a
substandard condition, in violation of Chapter it of the
Uniform Housing Code, adopted by reference into the Palm
Springs Municipal Code, Section 8 . 04 . 035 ,; and.
WHEREAS, on July 16 , 1997, the City attorney obtained the
consent of Martha Liebof (the "Consent" ) , one of the property
owners, to enable City representatives to inspect the Subject
Property for any code violations . Inspection of the Subject
Property was conducted shortly thereafter.
WHEREAS, on September 19 , 1997, a Notice and Order Re:
Demolition was issued on the Subject Property located at 517
E. Vista Chino as a result of the inspection conducted by City
Community Preservation Officers pursuant to the Consent
declaring the building to be in a substandard condition, in '
violation of Chapter 11 of the Uniform Housing Code, adopted
by reference into Lhe Palm Springs Municipal Code, Section
8 . 04 , 035 ; and
WHEREAS, specific violations found during the June 6 , 1996,
and subsequent inspections , include _ineffective weather
proofing on the roof deck, lack of weather protection on the
exterior walls, open and exposed electrical wiring throughout
the Subject Property, overgrown and dead vegetation, refuse
and waste throughout the interior and exterior of the Subject
Property, open and exposed coolers, deteriorated block wall
surrounding the Subject Property; and
WHEREAS, the substandard conditions have been left unrepaired
or uncorrected for over one year though notices of the
conditions were sent to the building owners on June 6, 1996
and September 19 , 1997; and
WHEREAS, the substandard conditions make the building at 517
E. Vista Chino a public nuisance as defined in Health and
Safety Code section 17920 , Uniform Housing Code Section 202
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 substandard conditions and an order to
abate the nuisance was mailed to all owners, mortgagees and
trust deed beneficiaries of 517 E. Vista. Chino by certified
mail, return receipt requested on September 19 , 1997; 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 �C
should not be condemned as a public nuisance and ordered to be
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abated by reconstructing, repairing, or removing the building �C
was mailed to all owners, mortgagees and trust deed
beneficiaries of 517 E. Vista Chino by certified mail, return
receipt requested on December 16, 1997; and
WHEREAS, the owners, mortgagees, and trust deed beneficiaries
have not made any repairs to the building, which remains in a
' substandard condition; and
WHEREAS, a public hearing was held before the City Council on
January 7, 1998 , and all interested parties were given an
opportunity to be heard regarding the declaration of the
building at 517 E. Vista Chino 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 517 E. Vista
Chino:
1 . The roof covering on the Subject Property
is in a deteriorated condition. The
block wall surrounding the property has
deteriorated in numerous places and
exhibiting structural failure. The
basement area is open and accessible to
trespassers, vagrants and children.
2 . The roof deck is exhibiting ineffective
waterproofing. The exterior walls lack
weather protection.
3 . The basement of the Subject Property has
been allowed to remain open and is easily
accessible to trespassers, vagrants and
children.
4 . There are open and exposed electrical
wires throughout the Subject Property.
5 . There is overgrown and dead vegetation
throughout the Subject Property. There
is refuse and waste throughout the
interior and exterior of the Subject
Property.
6 . The coolers at the Subject Property are
open and exposed.
7 . The buildings on the Subject Property are
currently vacant and unoccupied. Such
buildings are open and unsecured
affording easy access to trespassers or
vagrants who may inhabit such buildings .
Such condition allows vermin to pass
freely throughout the interior of the
buildings .
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 endanger the health, safety
and welfare of occupants and the public.
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Because of these conditions, the City Council
finds and declares the building at 517 E.
Vista Chino to be substandard and in violation
of Health and Safety Code section 17920 . 3 , and
Chapter 11 of the Uniform Housing Code,
adopted by reference into the Palm Springs
Municipal Code, Section 8 . 04 . 035 .
Section 4 . The City Council finds and declares that, '
because of the substandard, conditions created
by the inadequate sanitation, inadequate
ventilation, faulty weather protection, and
accumulation of debris , the building_ at 517 E.
Vista Chino is a public nuisance as defined in
Health and Safety Code section 17920 , Uniform
Housing Code Section 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 neighborhood.
(Civ.. Code § 3479 , 3480, incorporated by
reference into Health and Safety Code
§ 17920 . )
All buildings or portions thereof which
are determined to be substandard as
defined in this code are hereby declared
to be public nuisances and shall be ,
abated by repair, rehabilitation,
demolition or removal . . . (Uniform
Housing Code Section 202 , incorporated by
reference into Palm Springs Municipal
Code § 8 . 04 . 035 . )
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 . . . (Palm Springs Municipal
Code § 11 . 72 . 060 . )
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)
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
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require vacation and demolition if the owner C �j
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
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 B . 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 517
E . Vista Chino, 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 building at
517 E . Vista Chino 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 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 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 .
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ADOPTED this 7th th day of January 1998 .
AYES : Members Barnes, Hodges, Oden, Reller-Spurgin and Mayor Kleindienst
NOES : None
ABSENT: None
ABSTAIN: None
ATTEST: '
CITY [qf SFR3ATS, CALIFORNIA
7 �
4TYCLERK �/ City Manager
REVIEWED &APPROVED //j/ GC/•
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