HomeMy WebLinkAbout19815 - RESOLUTIONS - 6/21/2000 �I RESOLUTION NO. 19815
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, FINDING AND DECLARING THE
BUILDING AT 635 E. CHUCKWALLA ROAD, PALM
SPRINGS, CALIFORNIA TO BE A PUBLIC NUISANCE
AND ORDERING THE ABATEMENT THEREOF.
WHEREAS, at 635 E. Chuckwalla is located an abandoned apartment building and is
more particularly described as lots 1 and 12 in block"C," MB 020/043 of Bel Desierto,
Assessor's Parcel Number 507-051-001 in the City of Palm Springs, County of
Riverside, State of California (the "Subject Property"); and;
WHEREAS, on or about August 5, 1999, after obtaining verbal consent from National
Pier Properties, Inc. a California Corporation, the then current owner of record, the
building located at 635 E. Chuckwalla Road was inspected by the representatives of
National Pier Properties, and the City of Palm Springs ("City") Community Preservation
Officers and Building Inspectors and found to be in a substandard, dangerous and
uninhabitable condition, in violation of Chapter 10 of the Uniform Housing Code, adopted
by reference into the Palm Springs Municipal Code section 8.04.035, and;
WHEREAS, on December 10, 1999, a Notice and Order Concerning a Substandard
Building was issued on the Subject Property and recorded with the Riverside County
Recorder thereof, as a result of the inspection conducted by City Community
Preservation Officers; and
WHEREAS, specific violations found on the August 5, 1999 inspection include,
inoperative, leaking, and disconnected plumbing fixtures; water damage to the walls and
floors; holes in the walls, and doors; leaking utility systems; inoperative electrical fixtures
and outlets with exposed electrical wiring; a lack of a heat source for multiple units;
broken windows, doors and door jambs; a lack of fire extinguishers and smoke
detectors; floors which have been compromised by tree roots thereby creating structural
hazards; infestation by cockroaches; and an inadequately maintained landscape and
parking lot; and
WHEREAS, on January 7, 2000, National Pier Properties, Inc., the owner of record,
appealed the Notice and Order dated December 10, 1999; and
WHEREAS, on January 27, 2000, the property was sold and the title was transferred to
Fountain Grove Leasing, a California Corporation; and
WHEREAS, due to the sale of the property and the transfer of title, National Pier
Properties, Inc. did not pursue the appeal filed on January 7, 2000; and
WHEREAS, on March 9, 2000, a Notice and Order Concerning a Substandard Building
was issued on the Subject Property to Fountain Grove Leasing, the current owner of
record; and
668/014084-0009
84448.01 a06/08/00 _1"
19815
WHEREAS, on March 11, 2000, during a routine property check, the Palm Springs ,
Police Department found the building at 635 East Chuckwalla Road, Palm Springs, CA
unsecured and subsequently notified the City of Palm Springs Community Preservation
Officers;. and
WHEREAS, on March 13, 2000, the Community Preservation Officers notified the owner
of record, trust deed beneficiaries, and mortgagees of the report from the Palm Springs
Police Department and requested that the building at 635 East Chuckwalla Road be
secured by March 20, 2000; and
WHEREAS, on March 24, 2000, the City of Palm Springs authorized and completed an
emergency abatement and secured the building at 635 East Chuckwalla Road after
noting the property owner, mortgagees, and trust deed beneficiaries failed to do so by
the deadline stated in the March 13, 2000 letter; and
WHEREAS, on March 27, 2000, a letter was sent to the property owner notifying him of
the emergency abatement action taken by the City of Palm Springs in securing the
building at 635 East Chuckwalla Road; and
WHEREAS, the substandard, dangerous and uninhabitable conditions have been left
unrepaired or uncorrected for a substantial amount of time though notice of the
conditions were available to the current owner of record through recorded Notices on file
with the Riverside County Recorder's Office and through Notices sent directly to the
owner of record, mortgagees, and trust deed beneficiaries; and '
WHEREAS, the substandard, dangerous and uninhabitable conditions make the building
at 635 East Chuckwalla Road, Palm Springs, CA 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; 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 635 East Chuckwalla Road, Palm Springs CA by certified mail,
return-receipt requested on March 9, 2000; and
WHEREAS, as required by California Code of Regulations, Title 25, section 60, and
Health and Safety Code §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 posted on the property and
mailed to all owners, mortgagees and trust deed beneficiaries of 635 East Chuckwalla
Road, Palm Springs, CA by certified mail, return-receipt requested on May '15, 2000; and
WHEREAS, the owners, mortgagees, and trust deed beneficiaries have not made the
required repairs to the building, which remains in a substandard, dangerous, and
uninhabitable condition; and
11
668/014084-0009
84448.01 a06/0&/00 -2-
R19815
WHEREAS, a public hearing was held before the City Council on June 21, 2000, and all
interested parties were given an opportunity to be heard regarding the declaration of the
building at 635 East Chuckwalla Road, Palm Springs, CA 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 635 East Chuckwalla Road, Palm
Springs, CA:
1. The plumbing fixtures are inadequate, inoperative,
leaking, and/or partially fixed to their supporting
walls, and are substandard in violation of sections
1001.2, and 1001.6 of the Uniform Housing Code
(the "Code".)
2. There is no source of heat in many of the units, in
violation of section 1001.2 of the Code.
�I 3. There are broken windows, doors, and doorjambs,
holes in the walls and doors of the interior and
exterior, in violation of sections 1001.2, 1001.8, and
1001.12 of the Code.
4. There is extensive water damage to the floors and
walls of the units, the bathtub in Unit 5 has fallen
through the floor, and the handedness of the
plumbing was changed, in violation of sections
1001.2, 1001.3, and 1001.6 of the Code.
5. Electrical fixtures are missing, electrical wires are
exposed creating electrical hazards, in violation of
section 1001.2, and 1001.5 of the Code.
6. Tree roots have grown into the shower stall and have
uprooted the bathroom floor thereby creating a
structural hazard, in violation of sections 1001.2,
1001.3, 1001.6, and 1001.8 of the Code.
7. There are cockroaches inhabiting some of the units, in
violation of section 1001.11 of the Code.
8. The gas pipes in the kitchen are not secured, in
violation of section 1001.9 of the Code.
668/014084-0009
84448.01 a06108/00 -3-
i9815
9. There are severe water leaks in all units which may 1
have resulted in structural decay and rot thereby
creaking a structural hazard, in violation of sections
1001.3 and 1001.6 of the Code.
10. There are no smoke detectors or fire extinguishers
on the premises, in violation of section 1001.5 of the
Code.
11. The electrical wires supplying the former patio and
laundry facilities have not been removed, and the
electrical wiring visible from the attic was not
properly done and the flex is not adequately
connected to the junction box, and the grounds are
not secured, in violation of section 1001.5 of the
Code.
12. The existing access to the attic is inadequate, in
violation of section 1001.12 of the Code.
13. The pressure and temperature relief valves of the
water heaters need to terminate at least six (6)
inches above grade, the vents of the water heaters
are made from insufficient materials, the water 1
heater door lacks high and low combustion air grills,
all of which constitute a violation of sections 1001.2,
1001.6 and 1001.7 of the Code.
14. The water main is leaking, in violation of section
1001.6 of the Code.
15. The property is in need of new paint, landscaping,
and repairs to the walls and gates, in violation of
section 9319.00 of the Palm Springs Zoning
Ordinance, and section 11.72.170 of the Palm
Springs Municipal Code.
16. The parking lot lacks adequate lighting, and needs to
be resurfaced, restriped and landscaped, in violation
of section 9306.00 of the Palm Springs Zoning
Ordinance.
17. The trash enclosure lacks the required approvals
and permits, and fails to meet existing City
requirements, in violation of section 9307.02 of the
Palm Springs Zoning Ordinance.
668/014084-0009 _
84448.01 a06/08/00 -�
R19815
18. There are broken windows and deteriorated paint
viewable from the public right of way, in violation of
section 11.72.160 of the Palm Springs Municipal
Code.
Section 3. The City Council finds and declares these defects have
created structural, electrical, mechanical, and plumbing
hazards, and conditions of inadequate sanitation, 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 635 East
Chuckwalla Road, Palm Springs, CA to be substandard,
dangerous and in violation of Health and Safety Code
section 17920.3 and Chapter 2 section 202 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, dangerous and uninhabitable conditions
created by the structural, electrical, mechanical, and
plumbing hazards, and conditions of inadequate sanitation,
faulty weather protection, and accumulation of debris, the
building at 635 East Chuckwalla Road, Palm Springs, CA
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,
11.72.100, 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.)
Buildings or portions thereof that 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 Chapter 2, section 202, incorporated by reference
into Palm Springs Municipal Code § 8.04.035.)
All such unsafe buildings, structures or appendages are
hereby declared to be public nuisances ... (Uniform
668/014084-0009
84448.01 a06/08/00 'S'
R19815
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 §
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.
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 635 East Chuckwalla Road, Palm
Springs, CA, but those owners, mortgagees, and trust
deed beneficiaries failed to respond or make the required
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
building at 635 East Chuckwalla Road, Palm Springs, CA
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.
Oki
668/014084-0009 _
84448 01 a06/08/00 -�
R19815
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 21st day of June, 2000
AYES: Members Jones, Hodges, Oden, Reller-Spurgin and Mayor Kleindienst
NOES: None
ABSENT: None
ABSTAIN
ATTEST:
CITY OF PALM SPRINGS, CALIFORNIA
B
CITY CLERK CITY MA GER
REVIEWED AND OL
APPROVED:
�I
0?3 8?
668/014084-0009
84448.01 a06/08/00 -7-