HomeMy WebLinkAbout19330 - RESOLUTIONS - 7/15/1998 19 RESOLUTION N0. 19330
THE CITY COU14CIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, FINDING AND DECLARING THE BUILDING
AT 2150 N. PALM CANYON TO BE A PUBLIC NUISANCE
AND ORDERING THE ABATEMENT THEREOF.
WHEREAS, at 2150 N. Palm Canyon is located an abandoned hotel ,
building and is more particularly described as 1 . 10 Acres M/L in
Por SE 1/4 of Sec . 2 T4S R4E, Assessor' s Parcel No. 504-270-009 in
the City of Palm Springs, County of Riverside, State of California
(the "Subject Property" ) ; and;
WHEREAS, on or about December 10, 1996, after obtaining the written
consent of the owner of record, the building 'located at 2150 N.
Palm Canyon was inspected by City of Palm, Springs ( "City" )
Community Preservation Officers and Building Inspectors and found
to be in a substandard, dangerous and uninhabitable building, in
violation of Chapter 4 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, on March 11, 1997, a Notice and Order Concerning a
Dangerous Building was issued on the Subject Property located at
2150 N. Palm Canyon as a result of the inspection conducted by City
Community Preservation Officers; and
WHEREAS, specific violations found during the December 10, 1996 ,
and subsequent inspections, include, substandard flooring; broken
windows, doors and door jambs; structural deficiencies; fire damage
to the patio area and laundry .room; inoperative plumbing fixtures '
and water heaters; inoperative electrical fixtures; missing smoke
detectors; inoperative ventilation and heating systems; improper
property maintenance; storage area for combustible or flammable
liquid is improperly constructed; and
WHEREAS, on April 9 , 1998 , the owner of record appealed the Notice
dated March 11, 1997; and
WHEREAS, the appeal was heard by the Board of Appeals on June 12 ,
1997 and the Board of Appeals developed a schedule to enable the
owner of record to rehabilitate the property; and
WHEREAS, the substandard, dangerous and uninhabitable conditions
have been left unrepaired or uncorrected for over one year though
notice of the conditions was sent to the owner of record on
March 11, 1997 and the Board of Appeals developed a schedule to
enable the owner of record to rehabilitate the property at the
June 12 , 1997 appeal hearing; and
WHEREAS, the substandard, dangerous and uninhabitable conditions
make the building at 2150 N. Palm Canyon a public nuisance as
defined in Health and Safety Code section 17920 , Uniform Housing
Code Section 202 , 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 dangerous conditions and an order to abate the
nuisance was mailed to all owners, mortgagees and trust deed
beneficiaries of 2150 Palm Canyon by certified mail, return receipt
requested on March 11, 1997; and
780/014084-0009/3180366.1 a07/01/98 -1-
R19330
Page 2
WHEREAS, as required by California Cade 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 2150 N. Palm
Canyon by certified mail, return receipt requested on June 17,
' 1998 ; 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
July 15, 1998 , and all interested parties were given an opportunity
to be heard regarding the declaration of the building at 2150 N.
Palm Canyon 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 2150 N. Palm
Canyon:
1 . The flooring in all kitchens and baths is
substandard in violation of Section 302 . 2
of the Uniform Code for the Abatement of
' Dangerous Buildings (the "Code" ) .
2 . There are broken windows, doors and door
jambs constituting an attractive nuisance
in violation of Section 302 . 12 of the
Code.
3 . Structural deficiencies of the Subject
Property are suspected due to broken
posts, improper connections, fire damaged
framing members, rotted and broken sill
pates, possible substandard installations
of supports for evaporative coolers . The
foregoing conditions are in violation of
Section 302 . 5 of the Code .
4 . The patio area and laundry room have been
damaged by fire . There are holes in the
interior and exterior walls . Plumbing
fixtures are in need of cleaning, repair
or replacement . Water heaters are in
need of repair or replacement . There are
unpermitted and illegal conversions
throughout the Subject Property. The
foregoing conditions are in violation of
' Section 302 . 13 of the Code .
5 . There are missing electrical fixtures,
cover plates, exposed electrical
conductors, improper use of and type of
conduit and unsupported or improperly
supported conduit . Electrical panels are
in need of repair or replacement . All
circuits must be labeled and dead fronts
780/014084-0009/3190366.1 a07/01198 -2-
R19330
Page 3
installed. The evaporative coolers and
electrical connections to the coolers are
substandard. The pool and pool equipment"
are not in compliance with current codes .
Smoke detectors are missing. Ventilation
and heating systems are not in proper
operating condition. The area, used to
store combustible or flammable liquids is '
improperly constructed. The foregoing
conditions are in violation of Section
302 . 16 of the Code .
6 . The Subject Property is littered with
trash„ debris, discarded furniture and
other refuse and waste in violation of
Palm Springs Zoning Ordinance, section
93109 . 00 (the "Municipal Code) .
7 . The swimming pool is dilapidated. The
parking lot is in disrepair and full of
potholes and cracks .and is improperly
marked; there are broken and/or missing
windows and doors throughout the
building. The foregoing conditions are
violations of section 9319 . 00 of the
Municipal Code .
8 . There are dead, dying and overgrown
vegetation throughout the Subject
.Property in violation of section 9319 . 00
of the Municipal Code .
9 . The sign is dilapidated and has become '
hazardous due to lack of maintenance and
non-conforming pole signs are prohibited.
The foregoing conditions are in violation
of section 9320 . 10 .A. .2 of the Municipal
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 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
2150 N. Palm Canyon to be substandard,
dangerous and in violation of Health and
Safety Code Section 17920 . 3 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
uninhabitable conditions created by the '
inadequate sanitation, inadequate ventilation,
faulty weather protection, and accumulation of
debris, the building at 2150 N. Palm Canyon is
a public nuisance as defined in Health and
Safety Code Section 17920, 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 :
780/014084-0009/3180366.1 -3-
R19330
Page 4
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 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 . )
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
780/014084-0009/3190366.1 -4-
R19330
Page 5
substandard conditions and an order to abate
the nuisance was provided to all owners,
mortgagees and trust deed beneficiaries of
2150 N. Palm Canyon, 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 . 2.00 , the City
Council directs the owner of the buildings at
2150 N. Palm Canyon 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 .
ADOPTED this 15th th day of July, 1998 .
AYES : Members Barnes, Hodges, Oden, Reller-Spurgin and Mayor K.leindienst
NOES : None
ABSENT: None
ABSTAIN:
ATTEST: ,
�ITY OF PALM SPRINGS,
�IFORNIA
C�T LERK city Manager
REVIEWED & APPROVED
W a
7801014084-0009/3180366.1 -5-