HomeMy WebLinkAbout19660 - RESOLUTIONS - 10/6/1999RESOLUTION NO. 19660
THE CITY COUNCIL 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 I -or
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 un:repaired 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 No. 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 July 0.1,, 1999; and
Resolution No. 19660
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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
2150 N. Palm Canyon by certified mail, return receipt requested
on August 18, 1999; 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
October 6, 1999, 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 window, 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
Resolution No. 19660
Page 3
conduit and unsupported or improperly
supported conduit. Electrical panels
are in need of repair or replacement.
All circuits must be labeled and dead
fronts 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 fux.niture 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
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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:
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)
required 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
Resolution No. 19660
Page 5
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
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 11,72.200„ 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 17962, if the nuisance is
not abated within thirty (30) days after a
notice bf 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.
Resolution No. 19660
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ADOPTED this 6th th day of October, 1999.
AYES: Members Barnes, Hodges, Oden, Reller-Spurgin and Mayor Kleindienst
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
CITY OF PALM
CALIFORNIA --\'
CITY CLERK CI
a
REVIEWED & APPROVED �.
AC�ERV
N
SPRINGS,