HomeMy WebLinkAbout19411 - RESOLUTIONS - 12/2/1998 X, /- 7- ��
RESOLUTION NO. 19411
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, FINDING AND DECLARING THE BUILDING
AT 233 W. TRAMVIEW TO BE A PUBLIC NUISANCE AND
ORDERING THE ABATEMENT THEREOF.
WHEREAS, the property located at 233 W. Tramview, Palm Springs,
California, more particularly described as MB 24-53154, Lot 295 ,
Desert Highland Estates, Assessor' s Parcel No. 669-401-010 in the
City of Palm Springs, County of Riverside, State of California, is
improved with a 4-unit residential building (the "Subject
Property" ) ; and;
WHEREAS, on or about June 23 , 1995, the building on the Subject
Property was inspected by City of Palm Springs ( "City" ) Community
Preservation Officers and found to be in violation of Section
104 (D) and 203 of the Uniform Building Code, adopted by reference
into the Palm Springs Municipal Code, Section 8 . 04 . 010 and Sections
1 . 01 . 165, 6 . 08 . 010, 11. 72 . 030, 11 . 72 . 080, 11 . 72 . 090 and 11 . 72 . 170
of the Palm Springs Municipal Code; and
WHEREAS, on July 11, 1995 , a Notice of Violation was issued on the
Subject Property as a result of the inspection conducted by City
Community Preservation Officers; and
WHEREAS, on or about April 17, 1996, and May 9, 1996, the building
on the Subject Property was inspected by City Community
Preservation Officers and found to be in violation of Sections 102
and 3402 of the Uniform Building Code, adopted by reference into
the Palm Springs Municipal Code, Section 8 . 04 . 010 and Sections
1. 01 . 165 , 6 . 08 . 010, 11 . 72 . 030 and 11. 72 . 080 of the Palm Springs
Municipal Code; and
WHEREAS, on May 21, 1996, a Notice of Violation was issued on the
Subject Property as a result of the inspection conducted by City
Community Preservation Officers; and
WHEREAS, on or about May 5, 1998 , the building on the Subject
Property was inspected by City Community Preservation Officers and
found to be in violation of Sections 302 . 8, 302 . 12 , 302 . 13 , 302 . 17
and 302 . 18 of the Uniform Code for the Abatement of Dangerous
Buildings, adopted by reference into the Palm Springs Municipal
Code, Section 8 . 04 . 040; Section 102 of the Uniform Building Code,
adopted by reference into the Palm Springs Municipal Code, Section
8 . 04 . 010 and Sections 9405 . 0401, 9405 . 0402, 9405 . 0406 and 9319 . 00
of the Palm Springs Zoning Ordinance; and
WHEREAS, on May 5, 1997, a Notice and Order Concerning a Dangerous
Building was issued on the Subject Property as a result of the
inspection conducted by City Community Preservation Officers; and
WHEREAS, on or about January 4, 1998, the building on the Subject
Property was inspected by City Community Preservation Officers and
found to be in violation of Sections 1. 01 . 165, 11 . 72 . 030, 11 . 72 . 170
and 11 . 72 . 080 of the Palm Springs Municipal Code and Section
9319 . 00 of the Palm Springs Zoning Ordinance; and
WHEREAS, on January 4, 1998, a Notice of Violation was issued on
the Subject Property as a result of the inspection conducted by
City Community Preservation Officers; and
WHEREAS, on or about February 25 , 1998 , the building on the Subject
Property was inspected by City Community Preservation Officers and
790/014094-000913220017.1 .11/23198 -1- -[(�
R19411
Page 2
a
found to be in violation of Sections 1 . 01 . 165, 11 . 72 . 030 , 11 . 72 . 170 (�
and 11 . 72 . 080 of the Palm Springs Municipal Code and Section
9319 . 00 of the Palm Springs Zoning Ordinance; and.
WHEREAS, on February 25 , 1998, a Notice of Violation was issued on
the Subject Property as a result of the inspection conducted by
City Community Preservation Officers; and
WHEREAS, on or about May 8, 1998, the building on the Subject '
Property was inspected by City Community Preservation Officers and
found to be in violation of Sections 302 . 12, 302 . 18 and 1001 . 11 of
the Uniform Building Code, adopted by reference into the Palm
Springs Municipal Code, Section 8 . 04 . 010 ; Section 1 . 01 . 165,
11. 72 . 030 , 11 . 72 . 080 and 11. 72 . 170 of the Palm Springs Municipal
Code and Sections 9319 . 00 and 9405 . 0401 of the Palm Springs Zoning
Ordinance; and
WHEREAS, on May 8, 1998, a Notice of Violation was issued on the
Subject Property as a result of the inspection conducted by City
Community Preservation Officers; and
WHEREAS, specific violations found during the June 23 , 1995 and
subsequent inspections, include, allowing the :building on the
Subject Property to remain open and abandoned; failing to keep the
Subject Property free and clear of` weeds, refuse and trash; failing
to maintain the landscaping on the Subject Property in a healthy
condition; collapsed ceilings in all units; water damage;
structural damage; loose floor tiles; missing kitchen and bathroom
fixtures; missing windows and window frames; exposed electrical
wires; missing or inoperable air conditioning and heating units;
corroded court and parking area; structural deficiencies; and
rodent and insect infestation; and
WHEREAS, on August 20, 1998 , a Notice and Order Re: Demolition was '
issued on the Subject Property as a result of the Property Owners'
failure to comply with any of the above-ref erEMced Notices of
Violation or Notices and Orders Concerning a Dangerous Building;
and
WHEREAS, on or about August 25, 1998, the City Attorney was
notified of a change of ownership on the Subject Property; and
WHEREAS, on August 26, 1998, a Notice and Order Re : Demolition was
issued on the Subject :Property as a result of the change of
ownership; and
WHEREAS, the substandard, dangerous and uninhabitable conditions
have been left unrepaired or uncorrected for over three years
though notices of the conditions were sent to the owners of record
on July 11, 1995, May 21, 1996, May 5, 1997, January 4 , 1998,
February 25 , 1998 , August 20, 1998 and August 28, 1998; and
WHEREAS, the substandard, dangerous and uninhabitable conditions
make the building at the Subject Property 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 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 dangerous conditions and an order to abate the
nuisance was mailed to all owners, mortgagees and trust deed
beneficiaries of the Subject Property by certified mail, return
receipt requested on August 20, 1998 and August 2:8 , 1998 ; and
7901014084-0009/3220017.1 .11/23/98 -2-
R19411
Page 3
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 the Subject
Property by certified mail, return receipt requested on October 27,
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
December 2 , 1998, and all interested parties were given an
opportunity to be heard regarding the declaration of the building
at the Subject Property 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 the Subject
Property:
Unit No. 1
1 . Large portions of the ceiling in every
' room of this Unit have collapsed
revealing the joints and sheathing in
violation of section 302 (5) of the
Dangerous Building Code and section
1001 . 3 of the Housing Code.
2 . The joints and sheathing are water
damaged resulting in the deterioration of
the structural frame which supports the
roof in violation of sections 302 (8) and
302 (9) of the Dangerous Building Code and
section 1001 . 3 of the Housing Code.
3 . The floor tiles are loose throughout the
Unit in violation of section 1001 . 3 of
the Housing Code.
4 . The kitchen and bathroom fixtures are
missing from the Unit in violation of
section 302 (15) of the Dangerous
Buildings Code and section 1001 .2 of the
Housing Code .
5 . The windows and window frames are missing
from the Unit in violation of section
1001 . 8 of the Housing Code.
6 . There are exposed electrical wires
throughout the Unit in violation of
section 1001 . 5 of the Housing Code.
7 . The air conditioning unit has been
removed from the Unit and the heating
7801014094-0009/3220017.1 .11/23/98 -3 -
`�
R19411
Page 4
unit is inoperable in violation of I/� I
section 1001 . 2 of the Housing Code. f
Unit No. 2
1 . Large portions of the ceiling in every
room of this Unit have collapsed
revealing the joints and sheathing in
violation of section 302 (5) of the
Dangerous Building Code and section
1001.3 of the Housing Code.
2 . The joints and sheathing are water
damaged resulting in the deterioration of
the structural frame which supports the
roof in violation of sections 302 (8) and
302 (9) of the Dangerous Building Code and
section 1001 . 3 of the Housing Code.
3 . The floor tiles are loose throughout the
Unit in violation of section 1001 . 3 of
the Housing Code.
4 . The kitchen and bathroom fixtures are
missing from the Unit in violation of
section 302 (15) of the Dangerous
Buildings Code and section 1-001 .2 of the
Housing Code.
5 . The windows and window frames are missing
from the Unit in violation of section
1001. 8 of the Housing Code.
6 . There are exposed e::lectrical. wires '
throughout the Unit in violation of
section 1001 .5 of the Housing Code.
7 . The air conditioning unit has been
removed from the Unit and the heating
unit is inoperable in violation of
section 1001.2 of the Housing Code.
Unit. No. 3
1. Large portions of the ceiling 1�n every
room of this Unit have collapsed
revealing the joints and sheathing in
violation of section 302 (5) of the
Dangerous Building Code and section
1001. 3 of the Housing Code.
2 . The joints and sheathing are water
damaged resulting in the deterioration of
the structural frame which supports the
roof in violation of sections 302 (8) and
302 (9) of the Dangerous Building Code and
section 1001 .3 of the Housing Code .
3 . The floor tiles are loose throughout the '
Unit in violation of section 1001 . 3 of
the Housing Code.
4 . The kitchen and bathroom fixtures are
missing from the Unit in violation of
section 302 (15) of the Dangerous
780/014084-0009/3220017.1 •11/23/98 ..4-
R19411
Page 5
Buildings Code and section 1001.2 of the
Housing Code.
5 . The windows and window frames are missing
from the Unit in violation of section
1001 . 8 of the Housing Code.
' 6 . There are exposed electrical wires
throughout the Unit in violation of
section 1001. 5 of the Housing Code .
7 . The air conditioning unit has been
removed from the Unit and the heating
unit is inoperable in violation of
section 1001.2 of the Housing Code.
Unit No. 4
1. Large portions of the ceiling in every
room of this Unit have collapsed
revealing the joints and sheathing in
violation of section 302 (5) of the
Dangerous Building Code and section
1001. 3 of the Housing Code.
2 . The joints and sheathing are water
damaged resulting in the deterioration of
the structural frame which supports the
roof in violation of sections 302 (8) and
302 (9) of the Dangerous Building Code and
section 1001 . 3 of the Housing Code.
' 3 . The floor tiles are loose throughout the
Unit in violation of section 1001 . 3 of
the Housing Code.
4 . The kitchen and bathroom fixtures are
missing from the Unit in violation of
section 302 (15) of the Dangerous
Buildings Code and section 1001 .2 of the
Housing Code.
5 . The windows and window frames are missing
from the Unit in violation of section
1001 . 8 of the Housing Code.
G . There are exposed electrical wires
throughout the Unit in violation of
section 1001 . 5 of the Housing Code.
7 . The air conditioning unit has been
removed from the Unit and the heating
unit is inoperable in violation of
section 1001.2 of the Housing Code.
Generally
1 . There is refuse, debris and waste
throughout the Subject Property. The
Subject Property lacks landscaping. The
concrete court and parking area adjacent
to the apartments is severely corroded.
The foregoing conditions constitute a
violation of section 1001 . 2 of the �a ;
Housing Code. (_
780/014084000913220017.1 ❑l/23/98 -5-
R19411
Page 6
2 . There are a number of penetrations to the
exterior walls of the buildings
throughout the Subject Property., The
foregoing conditions constitute a
violation of section 1001 . 8 of the
Housing Code.
3 . The Subject Property is infested with '
rodents and insects in violation of
section 302 (13) of the Housing Code.
4 . The building on the Subject Property is
open and abandoned in violation of
section 302 (12) of the Housing 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 the
Subjeact Property to be substandard, dangerous
and uninhabitable in violation of Health and
Safety Code Section 17920 . 3 , Chapter 3 of the
Uniform Code of the Abatemeant of Dangerous
Buildings, adopted by reference into the Palm
Springs Municipal Code, Section 8 . 04 . 040, and
Chapter 10 of the Uniform, Housing Code,
adopted by reference into the Palm Springs
Municipal Code Section 8 . 04 . 010 .
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 the Subject Property
is a public nuisance as defined in Health and
Safety Code Section 17920 , Uniform Code for
the Abatement of Dangerous Buildings, Section
202, Uniform Housing Code Section 202 , Uniform
Building Code Section 203 and Palm Springs
Municipal, Code Chapters 11 . 72 . 080 , 11. 72 . 090 ,
11 . 72 . 160 and 11. 72 . 170, 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 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 Section 202 , incorporated by
7801014084-0009/3220017.1 all/23/98 -6-
R19411
Page 7
reference into Palm Springs Municipal Code
§ 8 . 04 . 040 . )
Building or portion thereof which are
determined to be substandard 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, adopted by reference into the
Palm Springs Municipal Code Section 8 . 04 . 010 . )
All buildings or portions thereof which are
determined after inspection . to be
dangerous as defined in this Code are hereby
declared a public nuisance and shall be abated
by repair, rehabilitation, demolition or
removal . (Uniform Code for the Abatement of
Dangerous Buildings Section 202, adopted by
reference into the Palm Springs Municipal Code
Section 8 . 04 . 040 . )
All such unsafe buildings, structures or
appendages are hereby declared to be public
nuisances. . . (Uniform Building Code Section
203 , adopted by reference into Palm Springs
Municipal Code Section 8 . 04 . 010)
Any violation of the Palm Springs Zoning
Ordinance is a public nuisance. (Palm Springs
Municipal Code Section 11 . 72 . 080 . )
Any violation of the Uniform Building Code as
' amended is a public nuisance. (Palm Springs
Municipal Code Section 11 . 72 . 090 . )
Any structure within the City of Palm Springs
in a state of substantial deterioration which
is viewable from a public right-of-way or
viewable from the sites of neighboring
properties, is a public nuisance. (Palm
Springs Municipal Code Section 11 . 72 . 16a. )
The substantial lack of maintenance of grounds
within the City of Palm Springs where said
grounds are viewable by the public from the
public right-of-way or viewable from the sites
of neighboring properties, is a public
nuisance. (Palm Springs Municipal Code
Section 11. 72 . 170 . )
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 �GI
fails to make a timely choice.
7801014084-0009/3220017.1 .11/23/98 -7-
R19411
Page 8
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 and dangerous conditions and an
order to abate the nuisance was provided to
all owners, mortgagees and trust deed
beneficiaries of the Subject Property, but
those owners, mortgagees, and trust deed
beneficiaries failed to respond or make any
repairs to the building, wh:Lch 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
the Subject Property to abate the nuisance by '
having the building properly reconstructed or
repaired, or by having the building razed or
removed within thirty (30) days after the date
of posting a notice on the property of the
passage of this resolution and service of this
resolution by registered mail on all property
owners, mortgagees and trust deed
beneficiaries .
Section 10 . The City Council directs the Building Official
and City Attorney to seek a court order and/or
warrant 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 and served on all property
owners, mortgagees and, trust deed
beneficiaries .
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 C:i.tyIs reasonable
790/014094-0009/3220017.1 ell/23/98 ..8—
R19411
Page 9
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 2nd day of December, 1998 .
AYES : Members Barnes, Hodges, Oden, Reller-Spurgin and Mayor Kleindienst
NOES : None
ABSENT: None
ABSTAIN: None
ATTEST:
n
OF PM SPRINGS,
RNIA f
CITY CLERK
REVIEWED & APPROVED \ -
780/014084-0009/3220017.1 .11/23/98 -9-