HomeMy WebLinkAbout20167 - RESOLUTIONS - 9/5/2001 RESOLUTION NO. 20167
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
' CALIFORNIA, FINDINGAND DECLARING THE BUILDINGS
AT 640 NORTH INDIAN CANYON DRIVE, PALM SPRINGS,
CALIFORNIA TO BE A PUBLIC NUISANCE AND
ORDERING THE ABATEMENT THEREOF
WHEREAS, that certain real property known as 640 North Indian Canyon Drive and more
particularly described as lots 1, 2 and 3 and the westerly 25 feet of lot 6, in block "C" of
Palm Springs Estates, as shown by map on file in book 15, page 43 of maps, records of
Riverside County, California, Assessor's Parcel Number 507-183-006-6 in the City of Palm
Springs, County of Riverside, State of California (the"Subject Property"), contains a vacant
hotel; and
WHEREAS, on or about July 21, 1997, after receiving multiple complaints about and
conducting inspections of the Subject Property, the City issued a Notice of Violation to the
current property owner, Ramy Hormoz("Property Owner"),identifying Code violations found
on the Subject Property, including substandard building conditions and lack of proper
property maintenance,and requesting that the Subject Property be brought into compliance
with City Codes; and
WHEREAS,the Property Owner failed to abate the Code violations on the Subject Property
within the times required and as requested in the Notice of Violation dated July 21, 1997,
at which time and thereafter the City continued to receive numerous complaints about the
Subject Property from neighboring property owners, including a petition from the Movie
' Colony Home Owners Association; and
WHEREAS, on or about May 18, 1998, as a result of the City's inspection of the Subject
Property in February 1998 with the Property Owner's consent, and the Property Owner's
continued failure to bring the property into compliance with City Codes, the City issued a
second Notice of Violation to the Property Owner requesting that the Code violations found
on the Subject Property be abated and brought into compliance with City Codes; and
WHEREAS, the Property Owner failed to abate the Code violations on the Subject Property
pursuant to the City's various requests as described above, and as such, on or about
February 10, 1999, the City filed an Inspection Warrant with Riverside Superior Court for
permission to conduct a thorough inspection of the Subject Property for Code violations
resulting in public nuisance, which inspection was completed on or about February 18,
1999; and
WHEREAS,on or about November 30, 1999,after the City reinspected the Subject Property
to ascertain if any improvements had been made, the City issued a Notice and Order
Concerning Substandard and Dangerous Buildings to the Property Owner, mortgagees and
trust deed beneficiaries, which Notice was recorded with the Riverside County Recorder's
Office on or about December29, 1999,advising that a dangerous condition was determined
to exist on the Subject Property,addressing the continued presence of the public nuisances,
and advising of the required corrective actions; and
WHEREAS, the Property Owner failed to abate the Code violations on the Subject Property
within the times required and as requested in the Notice and Order dated November 30,
1999. and as such, on or about April 4, 2000, the City filed a Misdemeanor Complaint
against the Property Owner in Riverside Superior Court; and
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WHEREAS, on or about May 10, 2000, the Property Owner gave consent for the City's
Community Preservation and Building Department to conduct a videotaped inspection of
the Subject Property, with a prospective buyer in attendance; and ,
WHEREAS, on or about August 10, 2000, the Property Owner signed a Settlement
Agreement between the City and the Property Owner ("Settlement Agreement") whereby
the Property Owner agreed to either sell, demolish or rehabilitate the Subject Property,
which was approved by the City Council on or about September 6, 2000, and which was
recorded with the Riverside County Recorder's Office on or about September 22,2000;and
WHEREAS,on or about September 18,2000,the Property Owner sold the Subject Property
to Pebblebrook, Inc., a Nevada Corporation ("Pebblebrook"); and
WHEREAS, on or about October 2, 2000, after the Subject Property was sold by the
Property Owner to Pebblebrook, in compliance with the terms and conditions of the
Settlement Agreement,the City dismissed the Misdemeanor Complaint against the Property
Owner; and
WHEREAS, on or about October 4, 2000,the City sent a letter to Pebblebrook, with a copy
of the Notice and Order dated November 30, 1999, advising of the City's position regarding
the conditions of the Subject Property and what steps the City intended to take if progress
was not made towards rehabilitating the Subject Property and bringing it into compliance
with City Codes; and
WHEREAS, on or about November 30, 2000, after Pebblebook failed to make all required
payments for the Subject Property, a Notice of Default against Pebblebrook was recorded
with the Riverside County Recorder's Office; and '
WHEREAS, in or about July 2001, the Property Owner advised the City that he had
regained ownership of the Subject Property and intended to either sell or rehabilitate it, but
he did not provide any time frames for such sale or rehabilitation; and
WHEREAS, the substandard, dangerous and uninhabitable conditions of the Subject
Property have been left unrepaired and uncorrected for greater than four years despite
repeated notices to the Property Owner,which Notices the City recorded with the Riverside
County Recorder's Office and sent directly to the Property Owner; and
WHEREAS, the substandard, dangerous and uninhabitable conditions make the buildings
at 640 N. 640 North Indian Canyon Drive, Palm Springs, California, a public nuisance as
defined by 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 26, section 60, and Health
and Safety Code section 17980(b), the City mailed written notice of the dangerous
conditions to all owners, mortgagees and trust deed beneficiaries of 640 North Indian
Canyon Drive, Palm Springs, California, by certified mail, return receipt requested, on or
about November 30, 1999, and October 4, 2000; and
WHEREAS, as required by California Code of Regulations, Title 215, section 60, and Health
and Safety Code section 17980(b),written notice of a public hearing as to why the buildings '
should not be condemned as a public nuisance and ordered to be abated by reconstruction,
repairing or removing the buildings was posted on the Subject Property and mailed to the
Property Owner of 604 N. Indian Canyon, Palm Springs, California, by certified mail, return
receipt requested, on or about July 23, 2001; and 145mc
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WHEREAS, the Property Owner, mortgagees and trust deed beneficiaries have not made
the required repairs to the buildings on the Subject Property, which remain in a
substandard, dangerous, and uninhabitable condition; and
' WHEREAS, a public hearing was held before the City Council on September 5, 2001, and
all interested parties were given an opportunity to be heard regarding the declaration of the
buildings at 640 North Indian Canyon Drive, Palm Springs, California, 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 640
North Indian Canyon Drive, Palm Springs, California:
UNIFORM HOUSING CODE VIOLATIONS
TENANT'S UNIT:
1. Plumbing Fixtures have been removed in the bathroom,and plumbing traps are dry,
in violation of sections 1001.2 and 1001.6 of the Uniform Housing Code (the
"Code").
2. Electrical plates are missing leaving the electrical wiring open and exposed, in
violation of section 1001.5 of the Code.
3. The roof is not adequately weather protected as evident by the water damage to the
ceiling, roof leaks, and parts of the ceiling that have fallen, in violation of section
1001.8 of the Code.
UNIT#108 AND ADJOINING, UNNUMBERED UNIT:
4. There are vermin droppings indicating rodent infestation, in violation of section
1001.11 of the Code.
5. Sewage is overflowing out of the toilet, in violation of sections 1001.11 and 1001.6
of the Code.
6. The ceiling has fallen in throughout the units, in violation of section 1001.3 of the
Code.
7. Plumbing fixtures are in a state of disrepair throughout the units, in violation of
sections 1001.6 and 1001.2 of the Code.
8. There is a broken window, in violation of section 1001.8 of the Code.
9. Water has entered into a ceiling fixture with electrical wiring creating a hazardous
electrical situation, in violation of section 1001.5 of the Code.
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UNIT #106:
10. Structural damage to the Subject Property is suspected due to evidence of water ,
damage to framing members. The kitchen ceiling is falling. The foregoing
conditions are in violation of section 1001.3 of the Code.
UNIT #105:
11. The door to the unit is stuck shut thereby prohibiting entry, in violation of section
1001.12 of the Code.
UNIT#104:
12. Mold growth is evident, in violation of section 1001.11 of the Code.
13. Structural damage to the Subject Property is suspected as there is evidence of
water damage to framing members providing structural support, in violation of
section 1001.3 of the Code.
14. A T-bar ceiling has been added to the kitchen which is covering the kitchen exhaust
fan, in violation of section 1001.2 of the Code.
15. Sewage is overflowing out of the toilet, in violation of sections 1001.11 and 1001.6
of the Code.
UNIT#103:
16. Structural damage to the Subject Property is suspected as there is evidence of '
water damage to framing members providing structural support. Water damage has
resulted in the bubbling and buckling of the wall covering. The foregoing conditions
are in violation of section 1001.3 of the Code.
17. Electrical wires are exposed, and electrical cover plates are missing, in violation of
section 1001.5 of the Code.
18. A T-bar ceiling has been added to the kitchen which is covering the kitchen exhaust
fan, in violation of section 1001.2 of the Code.
UNIT#102:
19. Structural damage of the Subject Property is suspected as there is evidence of
water damage to framing members providing structural support. Severe water leaks
exist throughout the unit as evidence by falling ceilings, and deterioration at window
sills. The foregoing conditions are in violation of section 1001.3 of the Code.
20. Electrical wires are exposed, and electrical cover plates are missing. A non-
permitted electrical outlet has been added ',at floor level, and the electrical wires
leading to the outlet have been stapled to the molding creating an electrical hazard.
The foregoing conditions are in violation of section 1001.5 of the Code. \
21, Evidence of a previous electrical fire exists in the unit, in violation of section 1001i.9
of the Code.
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UNIT #101:
22. Structural damage of the Subject Property is suspected as there is evidence of
' water damage to framing members providing structural support. Severe water leaks
exist throughout the unit as evidenced by falling ceilings. The foregoing conditions
are in violation of section 1001.3 of the Code.
23. A T-bar ceiling had been added to the kitchen which is covering the kitchen exhaust
fan, in violation of section 1001.2 of the Code.
24. There is a pile of newspapers in the closet creating a fire hazard, in violation of
section 1001.9 of the code.
25. Sewage is overflowing out of the toilet located within the unit, in violation of sections
1001.11 and 1001.6 of the Code.
U NIT#202:
26. The landing at the back of the building is lacking a guardrail, in volition of sections
1001.3 and 1001.11 of the Code.
27. Structural damage of the Subject Property is suspected as there is evidence of
water damage to framing members providing structural support, in violation of
section 1001.3 of the Code.
28. A T-bar ceiling has been added to the kitchen which is covering the kitchen exhaust
fan, in violation of section 1001.2 of the Code.
29. Water Damage to the floor is evident as there is mold and signs of deterioration, in
violation of section 1001.8 of the Code.
30. Large sections of paint are peeling off of the interior walls, in violation of section
1001.11 of the Code.
31. Fire damage is visible through a hole in the ceiling, in violation of sections 1001.9
and 1001.3 of the Code.
UNIT #203:
32. Access to this unit was not possible, in violation of section 1001.12 of the Code.
UNIT #111:
33. Large sections of paint are peeling off of the interior walls, in violation of section
1001.11 of the Code.
34. Electrical cover plates are missing, in violation of section 1001.5 of the Code.
35. Structural damage of the Subject Property is suspected as there is evidence of
water damage to framing members providing structural support, in violation of
section 1001.3 of the Code.
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HOWARD MANOR:
36. Electrical wires are exposed, and electrical cover plates are missing, in violation of ,
section 1001.5 of the Code.
37. Large sections of paint are peeling off of the interior walls with mold growing
underneath, in violation of sections 1001.11 of the Code.
38. Portions of the ceiling are falling in throughout the unit, secondary to water damage,
in violation of section 1001.3 of the Code.
39. Structural damage of the Subject Property is suspected as there is evidence of
water damage to framing members providing structural support, in violation of
section 1001.3 of the Code.
UNIT#30:
40. Structural damage of the Subject Property is suspected as the framing members
that provide support have been damaged by water entering from leaks from the
second story units, in violation of section 1001.3 of the Code.
41. Electrical wires are exposed, and electrical cover plates are missing, in violation of
section 1001.5 of the Code.
COMMERCIAL KITCHEN NEAR POOL:
42. Structural damage of the Subject Property'is suspected as there is evidence of '
water damage to framing members providing structural support, in violation of
section 1001.3 of the Code.
43. Electrical wires are exposed, and electrical cover plates are missing, in violation of
section 1001.5 of the Code.
POOL EQUIPMENT ENCLOSURE:
44. Structural damage of the Subject Property is suspected as there is evidence of
water damage to framing members providing structural support, in violation of
section 1001.3 of the Code.
45. There are broken windows, in violation of section 1001.8 of the Code.
EXTERIOR AND GROUNDS AROUND THE PROPERTY:
46. There is dead vegetation, dog waste, trash and debris located on the grounds, in
violation of sections 1001.2 and 1001.11 of the Code.
47. Eaves have deteriorated creating holes. Landings, railings, and rain gutters have
come loose and are detached from the structure. Water damage has compromised
the structural integrity such that the basement is no longer structurally sound. The
foregoing conditions are in violation of sections 1001.3 and 1001.11 of the Code.
48. Roof tiles are broken and missing, and the exterior paint is deteriorating and peeling
away from the wall. The foregoing conditions are in violation of section 1001.8 of
the Code. 15(0 (P
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49. Two exterior staircases going from the first to the second floor are dilapidated with
steps askew, and pieces of the steps are missing as a result of water damage and
a lack of maintenance. The foregoing conditions are in violation of sections 1001.3,
' 1001.11 and 1001.12 of the Code.
50. The pool and spa have not been maintained adequately. Both have been left dry
for too long resulting in cracks and deterioration of the pipes. There is also an
accumulation of debris. The plumbing is in a state of disrepair. The foregoing
conditions are in violation of section 1001.6 of the Code.
51. The electrical wiring for the pool and spa have been inadequately maintained, in
violation of section 1001.5 of the Code.
GENERAL CONDITION OF PROPERTY:
52. The Property does not have a heating source, in violation of section 1001.2 of the
Code.
53. The gas lines to the Property are open and uncapped in each unit, in violation of
sections 1001.9 and 1001.11 of the Code.
54. There is no electric service to the Property, except for one tenant's unit, in violation
of section 1001.2 of the Code.
Section 3. The City Council finds and declares that the defects described herein have
created structural, mechanical, electrical and plumbing hazards, conditions
of inadequate sanitation, faulty weather protection, and an accumulation of
debris to the 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 640 North Indian Canyon Drive, Palm
Springs, California, 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,
mechanical, electrical and plumbing hazards, conditions of inadequate
sanitation, faulty weather protection, and accumulation of debris, the
buildings at 640 North Indian Canyon Drive, Palm Springs, California, are a
public nuisance as defined in Health and Safety Code section 17920,
Uniform Housing Code section 202, California Building Code section 102.
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 the same time
an entire community or neighborhood. (California Civil Code sections 3479
and 3480, incorporated by reference into Health and Safety Code section
17920.)
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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 section 8.04.035.)
All such unsafe buildings, structures or appendages are; hereby declared to
be public nuisances. (California Building Code section 102, incorporated by
reference into Palm Springs Municipal Code section 8.04.010.)
Any violation of the Palm Springs Building Code as amended is a public
nuisance. (Palm Springs Municipal Code section 11.72.090.) The California
Building Code is referred to and cited as the Palm Springs Building Code.
(Palm Springs Municipal Code section 8.04.005.)
Any violation of the Uniform Housing Code as amended is a public nuisance.
(Palm Springs Municipal Code section 11.72.100.)
Any structure within the city in a state of substantial deterioration, such as
peeling paint on a fagade, broken windows, roofs in disrepair, damaged
porches or broken steps or other such deterioration or disrepair not
otherwise constituting a violation and 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.)
Section 5. Public nuisances created bysubstandard buildings are subjectto 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 with
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 Uniform 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, an orderto abate the
nuisance, and notice of public hearing thereof were provided to all owners,
mortgagees and trust deed beneficiaries of 640 North Indian Canyon Drive,
Palm Springs, California, but those owners, mortgagees and trust deed
beneficiaries failed to respond or make the required repairs to the buildings,
which remain in a substandard condition.
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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 640 North Indian Canyon Drive, Palm Springs,
' California, 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 members to maintain an itemized account of all costs incurred by
the City in razing and removing the buildings, including all administrative and
legal fees 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 owner
shall be served with a 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 5th day of September, 2001.
AYES: Members Hodges, Jones, Reller-Spurgin and Mayor Kleindienst
NOES: None
ABSENT: Member Oden
ABSTAIN: None
ATTEST:
CITY OF PALM SPRINGS, CALIFORNIA
CITY CLERK CITY MA�1,,,AIG-ER
REVIEWED AND APPROVED: ��—