HomeMy WebLinkAbout19412 - RESOLUTIONS - 12/2/1998 RESOLUTION NO. 19412
THE CITY COUNCIL OF THE: CITY OF PALM SPRINGS,
CALIFORNIA, FINDING AND DECLARING THE
BUILDINGS AT 403 W. BON AIR TO BE A PUBLIC
NUISANCE AND OFDERING THE ABATEMENT THEREOF.
WHEREAS, the property located at 403 W. Bon Air. , Palm Springs, '
California, more particularly described as Lot; 200 of Desert
Highland Estates, M/B 024,1053 , Assessor' s Parcel No. 669-393-001 in
the City of Palm Springs, County of Riverside, State of California,
is improved with an abandoned multi-family dwelling unit (the
"Subject Property" ) ; and
WHEREAS, on or about April 1.9, 1996, May 7, 1996, May 9 , 1996 and
May 20, 1996, the buildings located on the Subject Property were
inspected by City of Palm Springs ( "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; Section 1 . 01 . 165,
6 . 08 . 010 , 11. 72 . 030 and 11 . 72 . 080 of the Palm Springs Municipal
Code; and Section 9319 . 00 of the Palm Springs Zoning Ordinance; and
WHEREAS, on May 21, 1996„ a Notice of Violation was issued on the
Subject Property as a result of the inspections conducted by City
Community Preservation Officers; and
WHEREAS, on or about October 9 , 1996, October 10, 1996 and October
11, 1996, the buildings located on the Subject Property were
inspected by City Community Preservation officers and Building
Inspectors 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 ; Sections 302 . 12 and
302 . 13 of the Uniform Code for the Abatement of Dangerous
Buildings, adopted by reference into the Palm Springs Municipal
Code, Section 8 . 04 . 040 ; Section 1001. 11 of the Uniform Housing
Code, adopted by reference into the Palm Springs Municipal Code,
Section 8 . 04 . 035; and Sections 1. 01 . 165 , 6 . 08 . 010, 11 . 72 . 170 ,
11 . 72 . 080 and 11. 72 . 090 of the Palm Springs Municipal Code; and
WHEREAS, on October 17, 1996, the Notice of Violation was issued on
the Subject Property as a result of the inspections conducted by
City Community Preservation Officers and Building Inspectors; and
WHEREAS, on or about October 28 , 1996 and November 6, 1996, the
buildings located on the Subject. Property were inspected by City
Community Preservation Officers and found to be in violation of
Sections 302 . 12, 302 . 13 , 302 . 16, 302 . 17 and 302 . 18 of the Uniform
Code for the Abatement of Dangerous Buildings, adopted by
referenced 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; Section 6 . 08 . 010
of the Palm Springs Municipal Code and Sections 9:319 . 00, 9405 . 0402
and 9405 . 0406 of the Palm Springs Zoning Ordinance; and
WHEREAS, on November 21, 1996, a Notice of Order Concerning a '
Dangerous Building was issued on the Subject Property as a result
of the inspections conducted by the City Community Preservation
Officers; and
WHEREAS, on or about March 3 , 1997, the buildings located on the
Subject Property were inspected by City Community Preservation
Officers and found to be in violation of Section 302 . 12 of the
Uniform Code for the Abatement of Dangerous Buildings, adopted by
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reference into the Palm Springs Municipal Code, Section 8 . 04 . 040;
Section 102 and 3402 of the Uniform Building Code, adopted by
reference into the Palm Springs Municipal Code, Section 8 . 04 . 010 ;
Sections 1 . 01. 165, 6 . 08 . 010, 11. 72 . 170, 11 . 720 . 080 and 11 . 72 . 090 of
the Palm Springs Municipal Code and Section 9319 . 00 of the Palm
Springs Zoning Ordinance; and
' WHEREAS, on March 4, 1997, a Notice of Violation was issued on the
Subject Property as a result of the inspection conducted by the
City Community Preservation Officers; and
WHEREAS, on or about June 11, 1997, the buildings located on the
Subject Property were 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; Sections 1 . 01 . 165,
6 . 08 . 010, 11. 72 . 170, 11. 72 . 080 and 11 . 72 . 090 of the Palm Springs
Municipal Code and Section 9319 . 00 of the Palm Springs Zoning
Ordinance; and
WHEREAS, on June 11, 1997, a Notice of Violation was issued on the
Subject Property as a result of the inspection conducted by the
City Community Preservation Officers; and
WHEREAS, on or about June 16, 1997, June 17, 1997, June 18 , 1997
and June 19 , 1997, the buildings located on the Subject Property
were inspected by City Community Preservation Officers and found to
be in violation of Section 302 . 12 of the Uniform Code for the
Abatement of Dangerous Buildings, adopted by reference into the
Palm Springs Municipal Code, Section 8 . 04 . 040; Sections 102 and
3402 of the Uniform Building Code, adopted by reference into the
Palm Springs Municipal Code, Section 8 . 04 . 010; Sections 1. 01 . 165 ,
' 6 . 08 . 010, 11. 72 . 170, 11 . 72 . 080 and 11. 72 . 090 of the Palm Springs
Municipal Code and Section 9319 . 00 of the Palm Springs Zoning
Ordinance; and
WHEREAS, on June 24, 1997, a Notice of Violation was issued on the
Subject Property as a result of the inspections conducted by the
City Community Preservation Officers; and
WHEREAS, on or about December 18 , 1997, the buildings located on
the Subject Property were inspected by City Community Preservation
Officers and found to be in violation of Section 302 . 12 of the
Uniform Code for Abatement of Dangerous Buildings, adopted by
reference into the Palm Springs Municipal Code, 8 . 04 . 040; Sections
102 and 3402 of the Uniform Building Code, adopted by reference
into the Palm Springs Municipal Code, Section 8 . 04 . 010; Sections
1 . 01 . 165, 6 . 08 . 010, 11. 72 . 170, 11 . 72 . 080 and 11. 72 . 090 of the Palm
Springs Municipal Code and Section 9319 . 00 of the Palm Springs
Zoning Ordinance; and
WHEREAS, on December 18, 1997, a Notice of Violation was issued on
the Subject Property as a result of the inspection conducted by the
City Community Preservation Officers; and
WHEREAS, on or about January 5, 1998 , the buildings located on the
Subject Property were inspected by City Community Preservation
Officers and found to be in violation of Section 302 . 12 of the
Uniform Code for the Abatement of Dangerous Buildings, adopted by
reference into the Palm Springs Municipal Code, 8 . 04 . 040; Sections
102 and 3402 of the Uniform Building Code, adopted by reference
into the Palm Springs Municipal Code, Section 8 . 04 . 010 ; Sections
1 . 01 . 165, 6 . 08 . 010, 11. 72 . 170, 11 . 72 . 080 and 11 . 72 . 090 of the Palm
Springs Municipal Code and Section 9319 . 00 of the Palm Springs
Zoning Ordinance; and
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WHEREAS, on January 6, 1998 , a Notice of Violation was issued on
the Subject Property as a result of the inspection conducted by the
City Community Preservation Officers; and
WHEREAS, on or about March 24, 1998 , the buildings located on the
Subject Property were inspected by City Community Preservation
Officers and found to be in violation of Section 302 . 12 of the
Uniform Code for the Abatement of Dangerous Buildings, adopted by '
reference into the Palm Springs Municipal Code, 8 . 04 . 040; Sections
102 and 3402 of the Uniform, Building Code, adopted by reference
into the Palm Springs Municipal Code, Section 8 . 04 . 010; Sections
1 . 01 . 165, 6 . 08 . 010, 11 . 72 .170, 11. 72 . 080 and 11 . 72 . 090 of the Palm
Springs Municipal Code and Section 9319 . 00 of the Palm Springs
Zoning Ordinance; and
WHEREAS, on March 30, 1998, a Notice of Violation was issued on the
Subject Property as a result of the inspection conducted by the
City Community Preservation Officers; and
WHEREAS, on or about April 21, 1998 , the buildings located on the
Subject Property were inspected by City Community Preservation
Officers and found to be in violation of Section 302 . 12 of the
Uniform Code for the Abatement of Dangerous Buildings, adopted by
reference into the Palm Springs Municipal Code, 8 . 04 . 040; Sections
102 and 3402 of the Uniform Building Code, adopted by reference
into the Palm Springs Municipal Code, Section 8 . 04 . 010; Sections
1 . 01 . 165, 6 . 08 . 010 , 11. 72 . 170, 11. 72 . 080 and 11 . 72 . 090 of the Palm
Springs Municipal Code and Section 9319 . 00 of the Palm Springs
Zoning Ordinance; and
WHEREAS, on April 21, 1998, a Notice of Violation was issued on the
Subject Property as a result of the inspection conducted by the
City Community Preservation Officers; and ,
WHEREAS, specific violations found during the April 19 , 1996 , and
subsequent inspections, include allowing the buildings on the
Subject Property to remain open and abandoned; failing to keep
property free and clear of weeds, refuse and trash; failing to
maintain landscaping in a healthy condition; collapsed ceilings;
missing kitchen and bathroom fixtures; missing windows and window
frames; exposed electrical wires; missing or inoperable air,
conditioning and heating units; structural deficiencies; and rodent
and insect infestation; and
WHEREAS, on August 21, 1998, a Notice and Order He Demolition was
issued on the Subject Property as a result of the Property Owner' s
failure to comply with any of the above-ref er=.:nced Notices of
Violation or Notices and Orders Concerning a Dangerous Building;
and
WHEREAS, the substandard, dangerous and uninhabitable conditions
have been left unrepaired or uncorrected for over two years though
notices of the conditions were sent to the owner of record on May
26 , 1996, October 17, 1996, November 21, 1996 , March 4, 1997, June
11, 1997, June 24, 1997, December 18 , 1997, January 6, 1998, March
24, 1.998 , March 30, 1998, April 21, 1998 and August 21, 1998 ; and
WHEREAS, the substandard, dangerous and uninhab-i,table conditions '
make the buildings at the Subject Property a public nuisance as
defined in Health and Safety Code section 17920, Uniform Housing
Code Section 202 , adopted by reference into the Palm Springs
Municipal Code, Section 8 . 04 . 035; Uniform Code for the Abatement of
Dangerous Buildings Section 202 , and Palm Springs Municipal Code
Sections 11 . 72 . 080, 11. 72 . 090 and 11 . 72 . 160; and
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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 21, 1998; 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 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 buildings
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:
1 . Large portions of the ceiling have collapsed
throughout the Subject Property revealing the
joints and sheathing in violation of section 302 (5)
of the Uniform Code for the Abatement of Dangerous
Buildings and section 1001 . 3 of the Uniform Housing
Code.
2 . The kitchen and bathroom fixtures are missing
throughout the Subject Property in violation of
section 302 (15) of the Uniform Code for the
Abatement of Dangerous Buildings and section 1001 .2
of the Uniform Housing Code.
3 . The windows and window frames are missing from the
Subject Property in violation of section 1001 . 8 of
the Uniform Housing Code .
4 . There are exposed electrical wires throughout the
Subject Property in violation of section 1001 . 5 of
the Uniform Housing Code.
' 5 . All air conditioning units have been removed and
the heating units are inoperable in violation of
section 1001.2 of the Uniform Housing Code.
6 . There is refuse, debris and waste throughout the
Subject Property. The Subject Property lacks
landscaping. The foregoing conditions constitute
violations of section 1001 . 2 of the Uniform Housing
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Code and section 9319 . 00 of the Palm Springs Zoning
Ordinance.
7 . There are a number of penetrations to the exterior
walls throughout the Subject Property in violation
of section 1001 . 8 of the Uniform Housing Code.
8 . The Subject Property is infested with rodents and ,
insects in violation of section 302 (13) of the
Uniform Housing Code.
9 . The buildings on the Subject Property are open and
abandoned in violation of section 302 (12) of the
Uniform Housing Code.
10 . The Subject Property has become so dilapidated or
deteriorated as to become an attractive nuisance to
children; a harbor for vagrants, criminals and/or
immoral persons; and enables persons to resort
thereto for the purpose of committing unlawful or
immoral acts . The foregoing constitute a violation
of section 302 (12) of the Uniform Code for the
Abatement of Dangerous Building.
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 buildings at
the Subject Property to be substandard, '
dangerous and in violation of Health and
Safety Code Section 17920 .3 , Chapter 10 of the
Uniform Housing Code, adopted by reference
into the Palm Springs Municipal Code, Section
8 . 04 . 035, and Chapter 3 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 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 Sections 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 9 3479, 3480, incorporated by
reference into Health and Safety Code Section
17920 . ) ('
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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
reference into Palm Springs Municipal Code
Section 8 . 04 . 040 . )
Building 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 , adopted by
reference into the Palm Springs Municipal
Code, Section 8 . 04 . 035 . )
All buildings or portions thereof which are
determined after inspection . 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, 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 the 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 . 160 . )
The substantial lack of maintenance of grounds
within the City of Palm Springs where said
grounds are viewable by the public 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 . 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 .
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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 , requires
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,
titles 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 property 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, 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
the Subject Property 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 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 via registered mail on
all property owners, mortgagees and trust deed
beneficiaries .
Section 11. In accordance_ with Palm Springs Municipal Code
section 11 . 72 .250 and California (:ode of
Regulations, Title 25, Section 68, the City
Council directs city staff to maintain an
itemized account of the costs incurred by the -� r1
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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 2nd day of December, 1998 .
AYES :
NOES :
ABSENT:
ABSTAIN:
ATTEST:
C _GF-R RINGS,
TFORNIA
CITY-/CLERK ity Manager
' REVIEWED & APPROVED
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