HomeMy WebLinkAbout20168 - RESOLUTIONS - 9/5/2001 RESOLUTION NO. 20168
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, '
CALIFORNIA, FINDING AND DECLARING THE BUILDING
AT 444 WEST PALM VISTA DRIVE, PALM SPRINGS,
CALIFORNIA TO BE A PUBLIC NUISANCE AND
ORDERING THE ABATEMENT THEREOF
WHEREAS, that certain real property known as 444 West Palm Vista Drive and more
particularly described as Lot 184 of Desert Highlands Estates, as shown by map on file in
book 24, pages 53 and 54 of maps, records of Riverside County, California, Assessor's
Parcel Number 669-383-022-1 in the City of Palm Springs, County of Riverside, State of
California (the "Subject Property"), contains a vacant single-family dwelling; and
WHEREAS, on or about January 8, 1998,afterthe City received numerous reports of Code
violations on the Subject Property since October 1997 and the unwillingness of the property
owner,Willie Holland ("Property Owner")to correct such violations, the City issued a Notice
of Violation of Palm Springs Building Code to the Property Owner, which Notice was
recorded with the Riverside County Recorder's Office, advising of City Code violations
found on the Subject Property; and
WHEREAS, on or about August 1, 2000, after receiving multiple complaints about the
Subject Property and after obtaining consent from the then current tenant of the Subject
Property, the City inspected the Subject Property for Code violations constituting public
nuisances; and
WHEREAS, specific violations found on the Subject Property during the August 1, 2000, '
inspection included, but are not limited to, several deficiencies in the mechanical, electrical,
structural and plumbing systems of the building, faulty electrical wiring such that there was
an active flow of electric current where a bathtub exists, exposed electrical wiring, windows
which were smaller than their casing and held in by nails wedged in the gaps, kitchen
improvements constructed in the former garage of the building without permits, an
infestation of cockroaches, and several walls of faulty construction; and
WHEREAS, on or about August 1, 2000, after the inspection of the Subject Property, the
City issued a Notice of Violation to the current property owner, Willie Holland ("Property
Owner"), requesting that the Subject Property be brought into compliance with the Uniform
Housing Code and Uniform Building Code; and
WHEREAS, on or about August 4, 2000, the City received a letter from the Property Owner
requesting additional information about the Notice of Violation dated ,August 1, 2000; and
WHEREAS, on or about August 8, 2000, after receiving the Property Owner's request for
additional information about the Code violations,the City issued another Notice of Violation
to the Property Owner identifying, in detail, the Code violations found on the Subject
Property, including violations of the Uniform Building Code, Uniform Housing Code, Palm
Springs Zoning Ordinance, and Palm Springs Municipal Code; and
WHEREAS, on or about August 8, 2000, in response to the Property Owner's letter of
August 4, 2000, the City sent a letter to the Property Owner informing him of a reported '
incident of electric shock and of hazardous electrical wiring found on the Subject Property;
and
I � �
Res. No. 20168
Page 2
WHEREAS, on or about August 18, 2000, after the tenant of the Subject Property had
moved out and after a subsequent inspection of the Subject Property by City Code
Enforcement Officers, the City sent a letter to the Property Owner informing him that the
utilities of the Subject Property had been disconnected due to the hazardous conditions
created by the gas and electrical systems of the Subject Property; and
WHEREAS, on or about October 11, 2000, after numerous complaints about the Subject
Property from neighbors and the City's Police and Fire Department, and after the City
reinspected the Subject Property and confirmed that no improvements had been made,the
City issued a Notice and Order Concerning a Substandard Building to the Property Owner,
which Notice was recorded with the Riverside County Recorder's Office on or about October
12, 2000, advising that a dangerous condition was determined to exist on the Subject
Property, addressing the continued presence of public nuisances, and advising of the
required corrective actions; and
WHEREAS, on or about March 13, 2001, at the monthly meeting of the Desert Highland
Gateway Association, the City's Director of Planning and Building made a presentation to
community members residing in the area of the Subject Property to discuss the conditions
of three properties in a state of disrepair, including the Subject Property,the abatement and
demolition process, and to ascertain the community's support for the City's Community
Preservation efforts within the neighborhood. The Property Owner attended the meeting
and stated that he was going to rehabilitate the Subject Property. However, to date, the
Property Owner has made no attempts to correct any Code violations; and
WHEREAS, the substandard, dangerous and uninhabitable conditions have been left
unrepaired and uncorrected for greater than one year despite repeated notices to the
Property Owner, which Notices the City recorded against the Subject Property with the
Riverside County Recorder's Office and sent directly to the Property Owner; and
WHEREAS, the substandard, dangerous and uninhabitable conditions make the building
at 444 West Palm Vista 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 25, section 60, and Health
and Safety Code section 17980(b), the City mailed written notice of the dangerous
conditions to the Property Owner of 444 West Palm Vista Drive, Palm Springs, California,
by certified mail, return receipt requested, on or about October 11, 2000; 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 posted on the Subject Property and mailed to the
Property Owner of 444 West Palm Vista Drive, Palm Springs, California, by certified mail,
return receipt requested, on or about July 23, 2001; and
WHEREAS, the Property Owner, mortgagees and trust deed beneficiaries have not made
the required repairs to the building on the Subject Property, which remains 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
building at 444 West Palm Vista Drive, Palm Springs, California, as a public nuisance.
(OCW
Res. No. 20168
Page 3
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 444
West Palm Vista Drive, Palm Springs, California:
1. The electrical wiring in the bathroom of the building was altered such that there is
an active flow of electric current where a bathtub exists in violation of sections 701.2
and 1001.5 of the Uniform Housing Code (the"Code"), and sections 302.9, 302.13
and 302.17 of the Uniform Code for the Abatement of Dangerous Buildings.
2. The electric socket in the living room ceiling of the building is falling with electrical
wires protruding from the socket, and the fixture hangs down at arms length,
presenting an electrical hazard to anyone who could touch the wire in violation of
sections 701.2, 1001.2, 1001.5 and 1001.7 of the Code, and sections 302.13 and
302.17 of the Uniform Code for the Abatement of Dangerous Buildings.
3. Kitchen improvements exist in the former garage of the Subject Property. The
garage and kitchen were modified without required approvals and permits, and the
work was completed in a substandard manner in violation of sections 301, 303,
1001.2, 1001.3, 1001.5, 1001.6, 1001.7, 1001.10 and 1001.14 of the Code.
4. The doors which exit from the illegal addition in the former garage do not fit the door
frame. They are worn, the interior casing is missing, and the paint is peeling in
violation of sections 1001.2, 1001.3, 1001.10 and 1001.12 of the Code.
5. The kitchen walls consist of various types and sizes of wallboard and paneling in
violation of sections 1001.2 and 1001.10 of the Code.
6. There are large holes, voids and cracks throughout the entire kitchen, and the
wallboard has been removed in places in violation of section 1001.2 and 1001.10
of the Code.
7. The ceiling and floor molding of the kitchen is loose and was built in a substandard
and unworkmanlike manner in violation of sections 1001.2, '1001.3 and 1001.10 of
the Code.
8. There is fire damage to the east wall of the kitchen that has not been repaired, and
the damage has been boarded over with paneling of assorted sizes and shapes in
violation of sections 1001.2, 1001.10 and 1001.11 of the Code.
9. The vent above the kitchen stove is non-operational, as it has been partially
removed, thereby leaving a large hole in the ceiling in violation of sections 701.3,
1001.2 and 1001.7 of the Code.
10. The windows on the west and north sides of the building are smaller than the
window openings, thereby creating a gap between the windowsills and the framing
structures. One window is being held in by nails wedged into the gap, while two
other windows have a piece of lumber extending from the ground leaning against
the glass to prevent the window from falling. The foregoing conditions are in
violation of sections 601.2, 1001.2, 1001.31 1001.8 and 1001.10 of the Code, and
) (0 C.3
Res. No. 20168
Page 4
sections 302.5, 302.6, 302.7, 302.8, 302.9, 302.13 and 302.17 of the Uniform Code
for the Abatement of Dangerous Buildings.
11. The glass in one window of the building has been broken by lumber leaning against
it in violation of sections 1001.2, 1001.3 and 1001.11 of the Code.
12. The stucco around the windows on the west and north sides of the building is
deteriorated and broken in violation of sections 601.2, 1001.2, 1001.3 and 1001.8
of the Code.
13. The east bedroom was added onto the building without obtaining the required
approvals and permits, and was constructed in a substandard and unworkmanlike
manner. The electrical wiring for the kitchen and the east bedroom has been piggy-
backed from the original house. The foregoing conditions are in violation of sections
301, 303, 701.2, 1001.3, 1001.5, 1001.7, 1001.10 and 1001.14 of the Code, and
sections 302.8 and 302.17 of the Uniform Code for the Abatement of Dangerous
Buildings.
14. There is no header to the doorway that leads from the kitchen to the master
bedroom in violation of sections 1001.3 and 1001.10 of the Code.
15. The door that leads to the exterior of the structure was built in a substandard and
unworkmanlike manner. The door does not fit in the doorway and is deteriorating.
The casing is deteriorating on the interior and exterior. The foregoing conditions are
in violation of sections 1001.3 and 1001.10 of the Code.
16. There is water damage in the northwest bedroom in violation of sections 601.2,
1001.2 and 1001.8 of the Code.
17. The northwest bedroom door is too small for the frame and has been removed and
is currently sitting in the hallway in violation of sections 1001.2 and 1001.10 of the
Code.
18. The door casing leading from the hallway into the northwest bedroom has hinges
and nails extending from the doorway, creating a health and safety hazard, in
violation of sections 1001.2 and 1001.10 of the Code.
19. The stucco on the rear and front of the building is deteriorating. There are large
holes and cracks in the exterior of the stucco. The holes in the stucco are visible
from the public right-of-way and from neighboring properties. The foregoing
conditions are in violation of sections 1001.4, 1001.8 and 1001.11 of the Code.
20. There is no temperature and pressure gauge on the water heater in violation of
sections 701.2, 1001.2, 1001.5 and 1001.6 of the Code.
21. The ceiling and wall above the shower in the bathroom have deteriorated, the paint
is peeling away, and shower tiles are missing in violation of sections 505.5, 505.7,
1001.2, 1001.10 and 1001.11 of the Code.
22. The casing of the front door has been installed in a substandard manner and is
' deteriorated in violation of sections 1001.2, 1001.3 and 1001.8 of the Code.
23. There is no hot water available in the shower due to the absence of a knob to turn
the hot water mixing valve in violation of sections 505.7, 1001.2, 1001.6, 1001.7 and
1001.10 of the Code.
1 (40CW4
Res. No. 20168
Page 5
24. There are cockroaches throughout the building in violation of sections 1001.2 and
1001.11 of the Code. '
25. The front step to the front door and the steps leading from the building to the garage
conversion are deteriorated and substandard in violation of sections 1001.2 and
1001.3 of the Code.
26. The concrete steps in the rear of the building lead to a window. The front step to the
living room is deteriorating. These conditions are in view from the public right-of-
way and from neighboring properties. The foregoing conditions are in violation of
sections 1001.3, 1001.4 and 1001.11 of the Code.
27. The landscape is in need of maintenance as there is a substantial amount of weeds
on the premises. There is no lawn. The fagade in the rear yard is falling. The rear
yard is filled with dead vegetation, debris and junk. These conditions are in view
from the public right-of-way and from neighboring properties. The foregoing
conditions are in violation of sections 1001.4 and 1001.11 of the Code.
28. The sewage clean out in the rear of the building is open and exposed in violation of
sections 1001.2 and 1001.11 of the Code.
29. There are evaporative coolers on the roof of the house. These were installed
without the required approvals and permits. The evaporative coolers are in view
from the public right-of-way and from neighboring properties. The foregoing
conditions are in violation of sections 301, 303, 1001.4 and 1001.7 of the Code.
30. There is junk nailed to the roof of the building. The driveway is deteriorating,
causing erosion of the land around and below it. These conditions are in view from
the public right-of-way and from neighboring properties. The foregoing conditions
are in violation of sections 1001.4 and 1001,11 of the Code.
31. There is substantial damage to the stucco of the exterior of the building, and there
is substantial deterioration of the windows, door casings and driveway. The
landscaping of the property is filled with weeds, dead vegetation, junk and debris.
All of these conditions are viewable from the public right-of-way and from
neighboring properties, and constitute a violation of sections 11.72.170 of the Palm
Springs Municipal Code, and section 93.19.00 of the Palm Springs Zoning
Ordinance.
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 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 444 West Palm Vista 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 building
1�
Res. No. 20168
Page 6
at444 West Palm Vista Drive , Palm Springs, California, is 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.)
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.)
Section5. 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 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.
(Oc Co
Res. No. 20168
Page 7
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 a notice of public hearing thereof were provided to all owners,
mortgagees, and trust deed beneficiaries of 444 West Palm Vista Drive,
Palm Springs, California, but those owners, mortgagees, and trust deed
beneficiaries failed to respond or make the required repairs to the building,
which remain 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 444 West Palm Vista 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 building, 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 Rleindi.enst
NOES: None
ABSENT: Member Oden
ABSTAIN: None
ATTEST:
CITY OF PALM SPRINGS, CALIFORNIA
r�
CITY CLERK CITY Aj ER
REVIEWED AND APPROVED: �� �w