HomeMy WebLinkAbout19304 - RESOLUTIONS - 6/17/1998 RESOLUTION NO. 19304
THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, FINDING AND
DECLARING THE BUILDING AT 1532 N. VIA
MIRALESTE TO BE A PUBLIC NUISANCE AND
ORDERING THE ABATEMENT THEREOF. '
WHEREAS, at 1532 N. Via Miraleste is located an abandoned
apartment building and is more particularly described as Lot
1, 2, 23 & 24 BLK B MB 020/043 BEL DESIERTO, Assessor' s Parcel
No . 507-042-001 in the City of Palm Springs, County of
Riverside, State of California (the "Subject Property") ; and;
WHEREAS, on or about April 1, 1997, the building .Located at
1532 N. Via Miraleste was inspected by City of Palm Springs
("City") Community Preservation Officers and Building
Inspectors and found to be in a substandard condition, in
violation of Chapter 11 of the Uniform Housing Code, adopted
by reference into the Palm Springs Municipal Code, Section
8 . 04 . 035; and
WHEREAS, on April 2, 1997, a Notice and Order Concerning a
Substandard Building was issued on the Subject Property
located at 1532 N. Via Miraleste as a result of the inspection
conducted by City Community Preservation Officers; and
WHEREAS, on September 1.9, 1997, a Notice and Order Re:
Demolition was issued on the Subject Property located at 1532
N. Via Miraleste as a result of the property owner' s failure ,
to comply with the above-referenced Notice and Order
Concerning a Substandard Building; and
WHEREAS, specific; violations found during the April 1, 1.997,
and subsequent inspections, include, damaged roofs and eaves;
lack of weather protection on the exterior walls; holes in the
exterior walls; open and exposed electrical wiring; missing or
inoperative heating sources; incomplete plumbing lines, sinks,
toilets, showers/bathtubs, lavatories and fixtures; improperly
installed utility lines and fixtures; inoperative stove
exhaust fans; missing smoke detectors; 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 April 2, 1997.
and September 19, 1997; and
WHEREAS, the substandard conditions make the building at 1532
N. Via Miraleste 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 . 7.60; 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 1532 N. Via Miraleste by certified
mail, return receipt requested on September 19, 1997; and
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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 1532 N. Via Miraleste by certified mail.,
' return receipt requested on May 15, 1998; 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
June 3, 1998, and all interested parties were given an
opportunity to be heard regarding the declaration of the
building at 1.532 N. Via Miraleste 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 1532 N. Via
Miraleste:
UNIT NO. 1 .
1 . The breezeway enclosure between Unit One
and officer/manager' s unit has new
electrical wiring coming through the wall
from an old electrical outlet to the
ceiling lighting in the office unit. The
pressure and temperature relief line from
the water heater is not routed to the
exterior. The electrical for the water
heater is connected to a former air
conditioning circuit and the insulation
is substandard. The electrical meter has
an improper dead front and the conductors
are disconnected from the circuit
breakers and loose in the box. The
foregoing conditions constitute
violations of Section 1001 . 5 of the Code.
2 . The soffit area between Unit One and the
office/manager' s unit is water damaged
toward the interior face. The beam at
the exterior face along the exterior
sidewalk is notched and cracked. The
opening for the air conditioning unit
(which has been removed) has not been
properly patched and sealed. The
foregoing conditions constitute
violations of Section 1001 . 3 of the Code.
3 . The smoke detectors in the unit are
inoperative. The foregoing condition
constitutes a violation of Section
1001 . 13 of the Code.
9 . There is no heat source in the unit . The
kitchen sink trap and cold water line are
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disconnected. The kitchen sink is
inoperative and missing a faucet handle.
The bathroom tub overflow cap is missing.
The hot water is inoperative. The
foregoing conditions constitute
violations of Section 1001 . 2 of the Code.
5. The front window in the unit is broken. '
'The foregoing condition constitutes a
violation of Section 1001 . 8 of the Code .
6. The water line to the evaporative cooler
is leaking and the evaporative cooler is
not properly secured to the building.
The foregoing condition constitutes a
violation of Section 1001 .7 of the Code.
UNIT 1,40. 2 .
1 . In the living room, the armored cable is
improperly connected to the electrical
box. The wire-nutted conductors at the
water heater are exposed; open and the
covers have been removed. The foregoing
conditions constitute violations of
Section 1001 .5 of the Code.
2 . The water heater pressure and temperature
relief line is plugged. The foregoing
condition constitutes a violation of
Section 1001 . 6 of the Code.
3 . There is water damage to the walls and ,
floors in the kitchen and to the floor
behind the toilet in the bathroom. The
wall behind the toilet has been
penetrated. The foregoing conditions
constitute a violation of Section 1001 . 3
of the Code.
4 . The kitchen exhaust fan is inoperative.
The foregoing condition constitutes a,
violation of Section 1001 . 7 of the Code.
UNIT NO. 3 .
1 . The cover plates are broken and missing
on electric switches and outlets
throughout the unit. There is an
accumulation of refuse and waste
throughout the unit . 'The foregoing
conditions constitute violations of
Section 1001 . 11 of the Code.
2 . Holes in the interior walls have been
improperly patched. The foregoing
condition constitutes a violation of '
Section 1001 . 10 of the Code.
3 . There are holes in the exterior walls .
There are broken windows throughout the
unit. The foregoing conditions
constitute violations of Section 1001 . 8
of the Code .
4 '. The kitchen exhaust fan is inoperative.
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The foregoing condition constitutes a
violation of Section 1001 .7 of the Code.
5. There is water damage to the floors and
walls throughout the unit. The foregoing
condition constitutes a violation of
Section 1001 .3 of the Code.
6. The bathtub overflow cap is missing and
the toilet is inoperative. The foregoing
conditions constitute violations of
Section 1001 .2 of the Code.
UNIT NO. 4 .
1 . The air conditioner between this unit and
Unit 5 has been removed and the hole has
not been repaired. Windows are missing
throughout this unit. The front door and
doorjamb are missing. There is water
damage under the eaves . There are holes
in the exterior walls . The foregoing
conditions constitute violations of
Section 1001 . 8 of the Code.
2 . The furnace is disconnected and
inoperative. The kitchen sink and water
heater are disconnected and inoperative .
The plumbing fixtures are either
inoperative or have been removed. There
is graffiti throughout the interior
walls . The foregoing conditions
constitute violations of Section 1001 .2
of the Code.
3 . The cover plates are missing on
electrical switches and outlets. The
foregoing condition constitutes a
violation of Section 1001 . 11 of the Code.
4 . The electrical wiring is exposed
throughout the unit. The foregoing
condition constitutes a violation of
Section 1001 . 5 of the Code.
UNIT NO. 5
1 . The air conditioner between this unit and
Unit 4 has been removed and the hole has
not been repaired. The front door is
damaged; the threshold and the doorjamb
are missing.
2 . The water lines to the water heater are
in disrepair and there is no temperature
and relief line on the water heater.
I' There is an improper tub enclosure in the
unit. The foregoing conditions
constitute violations of Section 1001 . 2
of the Code.
3. The electrical outlets are not flush with
the wall surface. The water heater and
stove have been improperly wired. There
is exposed electrical wiring in the
bathroom and there are open electrical
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wires and conductors in the closet. The
electrical meter at this unit lacks a
dead front, the red wires are connected
to the neutral buss and the armored
conductor is improperly installed. The
foregoing conditions constitute
violations of Section 1001 . 5 and 1001 . 11
of the Code. '
UNIT 1Q0. 6.
1 . There is refuse and waste throughout the
unit . Electric outlet covers throughout
the unit are missing. The foregoing
conditions constitute violations of
Section 1001 . 11 of the Code.
2 . Windows throughout the unit are broken.
The foregoing condition constitutes a
violation of Section 1001 . 8 of the Code .
3 . There is exposed romex wiring in the
closet. There are open electric
conductors and an exposed electrical box
in the living room. There is exposed
electrical wiring in the kitchen. The
foregoing conditions constitute
violations of Section 1001 .5 of the Code .
4 . The water heater has been disconnected
and is inoperative. The foregoing
condition constitutes a violation of ,
Section 1001 .2 of the Code.
5. There is water damage in the kitchen.
The foregoing condition constitutes a
violation of Section 1.001 . 3 of the Code.
UNIT NO. 7 .
1 . The electrical meter for this unit has
been removed and electrical wires are
loose and disconnected. The conductors
have been cut . The foregoing conditions
constitute violations of Sections 1001 .2
and 1001 . 5 of the Code.
2 . Windows are broken throughout this unit.
The foregoing condition constitutes a
violation of Section 1.001 . 8 of the Code.
3 . The water and support straps have been
disconnected and the motor _Ls missing
from the evaporative cooler at this unit.
The foregoing condition constitutes a
violation of Section 1001 .7 of the Code. ,
4 . The electrical outlets, switches and
lights have been removed from this
property. The electrical wires are open
and exposed. The :foregoing conditions
constitute violation; of Section 1001 . 11
of the Code.
5. The plumbing fixtures, water heater and
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wall furnace are inoperative. The
foregoing conditions constitute
violations of Section 1001 .2 of the Code.
6. There is damage to the interior walls
throughout this unit and water damage to
the floor in the kitchen and the
bathroom. The foregoing conditions
constitute violations of Section 1001 . 3
of the Code.
UNIT NO. 8 .
1 . Wiring is exposed throughout this unit.
The foregoing condition constitutes a
violation of Section 1001 . 5 of the Code.
2 . The front door to this unit is damaged.
The foregoing condition constitutes a
violation of Section 1001 . 3 of the Code.
3. Windows are broken throughout the unit .
The foregoing condition constitutes a
violation of Section 1001 . 8 of the Code.
4 . The plumbing fixtures and furnace are
inoperative. There is no water heater.
The toilet has been damaged. The
electric heater in the bathroom has been
removed. There is no kitchen exhaust
fan. There is graffiti throughout the
interior of the unit. The foregoing
conditions constitute violations of
Section 1001 .2 of the Code.
UNIT NO. 9.
1 . There is open and exposed wiring
throughout the unit. The foregoing
condition constitutes a violation of
Section 1001 . 5 of the Code.
2 . There is no heat source in this unit.
The foregoing condition constitutes a
violation of Section 1001 .2 of the Code.
3 . Windows are broken throughout this unit.
The foregoing condition constitutes a
violation of Section 1001 . 8 of the Code.
4 . The front door and doorjamb are broken.
The foregoing condition constitutes a
violation of Section 1001 . 3 of the Code.
UNIT NO. 10.
1 . The evaporative cooler is inoperative.
The plumbing fixtures are inoperative.
The foregoing conditions constitute
violations of Section 1001 .2 of the Code.
2 . The electrical wiring insulation is
substandard. The wiring to the water
heater is open and exposed. The
foregoing conditions constitute a
violation of Section 1001 . 5 of the Code.
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3 . There is water damage throughout the
unit. There are holes in the walls
throughout the unit, The foregoing
conditions constitute a violation of
Section 1001 . 3 of the Code.
4 . The electric outlet boxes protrude beyond '
wall surfaces . The foregoing condition
constitutes a violation of Section
1001 . 11 of the Code.
5. The water supply lines to the water
heater are in need of repair. The
evaporative cooler is leaking and the
support straps are disconnected. The
foregoing conditions constitute
violations of Section 1001 .7 of the Code.
UNIT NO. 11 .
1 . Electrical wiring is exposed in the
living room, the wiring is not. properly
routed to the electrical box, conductors
are exposed, and the electrical box is
not properly secured to stud. There is
exposed wiring on the water heater.
There is exposed electrical wiring in the
bedroom closets . The foregoing
conditions constitute violations of
Section 1001 . 5 of the Code.
2 ,. There is frayed wiring to the electrical
box. The electrical outlet covers are
missing. The foregoing conditions
constitute violations of Section 1001 . 13.
of the Code.
3. There is a hole in the living room wall.
'The front door is damaged. There is
water damage to the wall in the bathroom
and the toilet tank has penetrated the
wall in the bathroom. There is water
damage to the floors and walls throughout
this unit. The foregoing conditions
constitute violation: of Section 1001 . 3
of the Code.
4 . The pressure and temperature relief line
on the water heater has been reduced in
size. The installation of the water
heater has been only partially completed.
The shower enclosure in the bathroom is
improper. The foregoing conditions
constitute violations of Section 1001 .2
of the Code.
UNIT NO. 12 . '
1 . The front door to the unit is missing.
Windows throughout the unit are broken
out. The foregoing conditions constitute
violations of Section 1001 . 0 of the Code .
2 . The wiring and wire mold have been
improperly installed on the wall . There
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is exposed electrical wiring throughout
the unit . The foregoing conditions
constitute violations of Section 1001. 5
of the Code.
3 . There is no heat source in the unit.
There is an improper shower enclosure in
the bathroom. The water heater has been
disconnected. The foregoing conditions
constitute violations of Section 1001 .2
of the Code.
4 . There is water damage under the sink and
on the wall in the kitchen. The interior
doors are missing. The foregoing
conditions constitute violations of
Section 1001 . 3 of the Code.
5. The kitchen sink fixtures are leaking.
The foregoing condition constitutes a
violation of Section 1001 . 6 of the Code.
6. Gas piping and fittings are loose. The
electrical cover plates are missing
throughout the unit . The foregoing
conditions constitute violations of
Section 1001 . 11 of the Code.
UNIT NO. 1.3.
1 . The pressure and temperature relief lines
on the water heater are improperly
mounted. The water line to the water
heater is in need of repair. The
foregoing conditions constitute
violations of Section 1001 . 7 of the Code.
2 . The electric water heater is improperly
installed and the wiring is exposed. The
foregoing conditions constitute
violations of Sections 1001 . 7 and 1001 .5
of the Code.
3 . There is conduit protruding through the
wall to the exterior of the unit. The
foregoing condition constitutes a
violation of Section. 1-001 . 11 of the Code.
4 . The unit lacks a proper bathtub
enclosure. The foregoing condition
constitutes a violation of Section 1001 .2
of the Code.
UNIT NO. 14 .
1 . This unit is fire damaged and boarded.
The foregoing condition constitutes a
violation of Section 1001 . 11 of the Code.
UNIT NO. 15.
1 . This unit is fire damaged and boarded.
The front door is missing. The foregoing
conditions constitute violations of
Section 1001 . 11 of the Code.
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UNIT NO. 16.
1 . The evaporative cooler is improperly
secured to fascia board. The foregoing
condition constituters a violation of
Section 1001 .7 of the Code. '
2 , There is no heat source in this unit.
The foregoing condition constitutes a
violation of Section 1.001 .2 of the Code.
3 .. The electrical cover plates are missing.
The foregoing condition constitutes a
violation of Section 1001 . 11 of the Code.
4 ,, There is exposed electrical wiring
throughout the unit. The electric water
heater has been improperly wired and has
exposed wiring. The foregoing conditions
constitute violations of Section 1001 . 5
of the Code.
5. There is an improper bathtub enclosure
and no door on the bathroom. The
foregoing condition constitutes a
violation of Section 1001 . 2 of the Code.
UNIT NO. 17 .
1 . There is no water heater in the unit. '
The foregoing condition constitutes a
violation of Section 1001 .2 of the Code.
2 . The wiring has been improperly insulated.
The foregoing condition constitutes a
violation of Section '1001 . 5 of the Code.
3 . There is an extension cord that has been
penetrated through the exterior wall and
plugged into the refrigerator. The
foregoing condition constitutes a
violation of Sections 1001 . 11 and 1001 . 5
of the Code.
UNIT NO. 18 -- Manager' s Unit.
1 . The electrical wiring and electrical
boxes are open and exposed. Electrical
wiring is improperly insulated. The
foregoing conditions constitute
violations of Section 1001 . 5 of the Code.
2 . There is no heat source in the unit. The
foregoing condition constitutes a
violation of Section 1001 . 2 of the Code.
UNIT NO, 19 .
1 . The electric water heater pressure and
temperature relief lane is not routed to
the outside of the structure. The
foregoing condition constitutes a
violation of Section 1001 .7 of the Code.
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2 . The electrical conductors are exposed in
the electrical feed. There are exposed
wires in the electrical heating unit in
the bathroom. There is exposed romex
wiring under the kitchen sink. The
foregoing conditions constitute
violations of Section 1.001 . 5 of the Code.
3 . The electrical outlet covers are missing
near the kitchen sink. The foregoing
condition constitutes a violation of
Section 1001 . 11 of the Code.
4 . The unit contains an improper bathtub
enclosure and broken tile in the
bathroom. The bathtub is in disrepair.
The foregoing condition constitutes a
violation of Section 1001 .2 of the Code.
S. There are broken windows throughout the
unit. The foregoing condition
constitutes a violation of Section 1001 . 8
of the Code.
UNIT NO. 20.
1 . There are broken windows throughout this
unit . The foregoing condition
constitutes a violation of Section 1001 . 8
of the Code.
2 . The electrical cover plates are missing
throughout the unit. The foregoing
condition constitutes a violation of
Section 1001 . 11 of the Code.
3 . There are exposed electrical wiring and
electrical conductors throughout the unit
and there is exposed romex wiring in the
bedroom closet. The foregoing conditions
constitute violations of Section 1001 . 5
of the Code.
4 . There is no kitchen sink. The stove
exhaust fan is missing. There is no
lavatory in the bathroom. The foregoing
conditions constitute violations of
Section 1001 .2 of the Code.
5. The flux line to the water heater is too
long. The foregoing condition
constitutes a violation of Section 1001 .7
of the Code.
6 . There is water damage to the floors and
walls in the unit . The drywall is
partially removed in the bathroom. There
are holes in the interior walls . The
door between the bedroom and the bathroom
is damaged. The foregoing conditions
constitute violations of Section 100. 3 of
the Code.
UNIT NO. 21 .
1 . The front door jamb is damaged. The
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foregoing condition constitutes a
violation of Section 1001 . 3 of the Code .
2 . There is extension cord wiring in the
bathroom. There is exposed wiring in the
closet. The foregoing conditions
constitute violations of Section 1001 . 5
of the Code. '
3 . There is improper light and ventilation
in the unit. The lavatory is
disconnected and missing. The bathtub is
leaking and full of water. The foregoing
conditions constitute violations of
Section 1001 .2 of the Code.
4 . There are broken windows throughout the
unit. The foregoing condition
constitutes a violation of Section 1001 . 8
of the Code.
5. The evaporative cooler is improperly
secured to the fascia board. The
foregoing condition constitutes a
violation of Section 1101 .7 of the Code.
UNIT NO. 22 .
1 . The exterior wall near: the front door has
been penetrated. The air conditioning
unit is missing, leaving a hole in the
exterior wall. The air conditioning unit ,
on the southwest corner of this unit has
partially penetrated the exterior wall .
The foregoing conditions constitute
violations of Section 1001 . 8 of the Code.
2 ., The water heater has been improperly
installed, the pressure and temperature
relief lines are not routed to the
exterior, and the water lines are in need
of repair. The foregoing conditions
constitute violations of Section 1001 .2
of the Code.
3 . There are exposed electrical connectors
wire-nutted at the kitchen light fixture .
There are exposed electrical conductors
next to the kitchen s_�nk. There are open
electrical conductors on the water
heater. There is exposed romex and
frayed wiring in the bedroom closet. The
foregoing conditions constitute
violations of Section 1001 . 5 of the Code .
4 . There is water damage to the kitchen
walls and floor. There are damaged '
interior wall surfaces throughout the
unit. The foregoing conditions
constitute violations of Section 1001 . 3
of the Code.
S. Electrical cover plates are missing
throughout the unit . The foregoing
condition constitutes a violation of
Section 1001 . 11 of the Code.
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6. The kitchen sink in this unit is leaking.
The foregoing condition constitutes a
violation of Section 1001 .2 of the Code.
GENERALLY.
1 . There is debris, .refuse and waste
throughout the Subject Property. The
Subject Property lacks landscaping. The
swimming pool and spa is empty, damaged
and inoperative. The pool equipment is
damaged and inoperative. There is water
standing in the bottom of the equipment.
The pool fencing is down and damaged.
The parking lots need to be resurfaced
and .restriped. The roof surfaces are
discolored and need recoating. The block
wall around the property is damaged and
missing blocks .
2 . A number of units throughout the Subject
Property do not have smoke detectors .
The foregoing condition constitutes a
violation of section 310.4 of the Uniform
Building Code.
3 . There are broken windows throughout the
Subject Property. There are a number of
penetrations of the wall surfaces from
the interior to the exterior of the
buildings throughout the Subject
' Property. The roofs throughout the
Subject Property are in need of repair.
The foregoing conditions constitute
violation of section 1001 . 8 of the Code.
4 . A number of units throughout the Subject
Property are water damaged from leaking
plumbing. A number of units throughout
the Subject Property are structurally
damaged by fire and are uninhabitable.
There is water damage to the soffits and
overhangs throughout the Subject
Property. There is extensive damage to
the underside of the eaves throughout the
Subject Property. The foregoing
conditions constitute violation of
section 1001 . 3 of the Code.
5. 'The wiring in the trenching on the north
side of the Subject Property is not
buried deep enough. The exterior
lighting system is in disrepair. The
electrical conduit system for the
exterior lighting system is separated,
wires are exposed and conduit is
improperly secured to the building.
There are improper electrical junction
boxes throughout the exterior of the
building. There are electrical conduits
protruding from the ground on the Subject
Property. There is exposed romex wiring
tie wrapped to conduit on the exterior of
the building on the Subject Property.
The main electrical feeders on one side
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of the building are damaged, melted and
the interior wire is exposed. Armored
Cable has been improperly installed
through the Subject Property. There are
improper dead fronts on a number of the
electrical services throughout the
Subject Property. The foregoing
constitutes violation of sections 1001 .5 ,
and 1001 . 11 of the Code.
6. There is inoperative or partial
mechanical equipment throughout the
Subject Property. The foregoing
constitutes a violation of section 1001 . 7
of the Code.
7 . ABS plumbing is exposed on the east side
of the Subject Property. The foregoing
condition constitutes a violation of
section 1001 . 11 of the Code.
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 they endanger the health,
safety and welfare of the public. Because of
these conditions, the City Council finds and
declares the building at 1532 N. Via Miraleste
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 buildincr at 1532
N. Via Miraleste 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 sections 3479, 3480, incorporated
by reference into Health and Safety Code
section 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 section 8 . 04 . 035. )
Any structure within the city in a state
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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 section 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
require vacation and demolition if the owner
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 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
substandard conditions and an order to abate
the nuisance was provided to all owners,
mortgagees and trust deed beneficiaries of
1532 N. Via Miraleste, 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 buildings at
1532 N. Via Miraleste 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,
700/0140B4-0009/3166B64.1 a06/10/90
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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
1'7982, 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 .
ADOPTED this 17th th day of June, 1998 .
AYES : Members Barnes, Oden and Reller-Spurgin '
NOES : None
ABSENT: Member Hodges and Mayor Kleindienst
ATTEST: CITY O ,
C ORNIA J/
_ �.
CITY CLERK City Manager
REVIEWED & APPROVEDd
700/0140B4-0009/3166064.1 a06/10/99
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