HomeMy WebLinkAbout20169 - RESOLUTIONS - 9/5/2001 RESOLUTION NO. 20169
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
' CALIFORNIA, FINDING AND DECLARING THE BUILDING
AT 400 WEST AVENIDA CERCA, PALM SPRINGS,
CALIFORNIA TO BE A PUBLIC NUISANCE AND
ORDERING THE ABATEMENT THEREOF
WHEREAS, that certain real property known as 400 West Avenida Cerca and more
particularly described as lot 222 of Desert Highlands Estates, as per Map recorded in Book
24 of Maps, Pages 53 and 54, in the Office of the County Recorder, Riverside County,
Assessor's Parcel Number 669-393-023-3 in the City of Palm Springs, County of Riverside,
State of California (the "Subject Property"), contains an abandoned single-family dwelling;
and
WHEREAS, the Subject Property has an extensive history of City Code violations dating
back to 1993 when the Subject Property was discovered to be vacant, which violations
continued and became more pronounced when James Perry ('Property Owner") took
ownership of the Subject Property in December 1996; and
WHEREAS,on orabout January 14, 1997,after multiple inspections of the Subject Property
by City Code Enforcement Officers, the City issued a Notice of Violation requesting that the
Property Owner bring the Subject Property into compliance with City Codes and to secure
the vacant dwelling; and
WHEREAS,the Property Ownerfailed to abate the violations on the Subject Propertywithin
' the times required and as requested in the Notice of Violation dated January 14, 1997, and
as such, the City caused the Subject Property to be abated on or about March 7, 1997; and
WHEREAS, on or about April 1, 1997, the City issued two Notices of Public Nuisance
Abatement to the Property Owner, which Notices were recorded with the Riverside County
Recorder's Office on or about April 7, 1997, advising the Property Owner that the Subject
Property had been abated by the City and that the Property Owner was responsible for the
costs of such abatement; and
WHEREAS, on or about March 11, 1997, the City issued a Notice of Palm Springs Zoning
Change to the Property Ownerwhich advised that pursuant to zoning changes and pursuant
to the Subject Property having been vacant for more than 180 days, it could no longer be
used as apartments; and
WHEREAS, on or about April 28, 1997, after learning that the vacant dwelling on the
Subject Property was open and unsecured, and to prevent trespassers upon and illegal
activity on the Subject Property,the City caused an emergency abatement to be performed
on the Subject Property; and
WHEREAS, on or about May 22, 1997, the City issued a Notice of Public Nuisance
Abatement to the Property Owner, which Notice was recorded with the Riverside County
Recorder's Office on or about May 27, 1997, advising the Property Owner that the Subject
Property had been abated by the City and that the Property Owner was responsible for the
' costs of such abatement; and
WHEREAS, on or about May 16, 1997, the City issued a Notice and Order Concerning
Substandard and Dangerous Buildings to the Property Owner 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
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Res. No. 20169
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WHEREAS, on or about May 19, 1998, after receipt of additional complaints and
inspections of the Subject Property confirming that the Property Owner failed to abate the
nuisances as required by the previous notices, the City issued a Notice of Violation to the '
Property Owner addressing the continued presence of public nuisances on the Subject
Property; and
WHEREAS, the Property Owner failed to comply with the City's various requests and
Notices and Orders as described above, and as such, the City caused the Subject Property
to be abated on or about June 17, 1998; and
WHEREAS, on or about July 1, 1998, the City issued a Notice of Public Nuisance
Abatement to the Property Owner, which Notice was recorded with the Riverside County
Recorder's Office on or about August 3, 1998, advising the Property Ownerthat the Subject
Property had been abated by the City and that the Property Owner was responsible for the
costs of such abatement; and
WHEREAS, on or about December 28, 1998, after receipt of additional complaints and
inspections of the Subject Property confirming that the Property Owner failed to abate the
nuisances as required by the previous notices, the City issued a Notice of Violation to the
Property Owner addressing the continued presence of public nuisances on the Subject
Property; and
WHEREAS,the Property Owner failed to abate the violations on the Subject Property within
the times required and as requested in the Notice of Violation dated December 28, 1998,
and as such, the City caused the Subject Property to be abated on or about January 8,
1999; and
WHEREAS, on or about February 4, 1999, the City issued a Notice of Public Nuisance 1 Abatement to the Property Owner, which Notice was recorded with the Riverside County
Recorder's Office on or about February 10, 1999, advising the Property Owner that the
Subject Property had been abated bythe City and that the Property Owner was responsible
for the costs of such abatement; and
WHEREAS, on or about September 20, 1999, after receipt of additional complaints and
inspections of the Subject Property confirming that the Property Owner failed to abate the
nuisances as required by the previous notices, the City issued a Notice of Violation to the
Property Owner addressing the continued presence of public nuisances on the Subject
Property; and
WHEREAS,the Property Ownerfailed to abate the violations on the Subject Property within
the times required and as requested in the Notice of Violation dated September 20, 1999,
and as such, the City caused the Subject Property to be abated on or about October 1,
1999; and
WHEREAS, on or about October 19, 1999, the City issued a Notice of Public Nuisance
Abatement to the Property Owner advising that the Subject Property had been abated by
the City and that the Property Owner was responsible for the costs of such abatement; and
WHEREAS, on or about August 31, 2000, after the City reinvestigated 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 September 13,2000,advising the Property Owner, mortgagees and trust
deed beneficiaries that a dangerous condition was determined to exist on the Subject
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Res. No. 20169
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Property, addressing the continued presence of public nuisances, and advising of the
required corrective actions; and
' WHEREAS, on or about October 31, 2000 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 November 3, 2000, advising the Property Owner, mortgagees and trust deed
beneficiaries 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, the substandard, dangerous and uninhabitable conditions have been left
unrepaired and uncorrected for greater than five years despite repeated notices to the
Property Owner, mortgagees and trust deed beneficiaries, which notices the City recorded
with the Riverside County Recorder's Office and sent directly to the Property Owner,
mortgagees and trust deed beneficiaries; and
WHEREAS, the substandard, dangerous and uninhabitable conditions make the building
at 400 West Avenida Cerca, 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 all owners, mortgagees and trust deed beneficiaries of 400 West Avenida
Cerca, Palm Springs, California, at their registered addresses by certified mail, return
receipt requested, on or about May 16, 1997, August 31, 2000, and October 31, 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 400 West Avenida Cerca, 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 400 West Avenida Cerca, 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 400
West Avenida Cerca, Palm Springs, California:
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Res. No. 20169
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1. The Subject Property has remained vacant for over five years and has been the
subject of illegal activity, including consumption of alcohol and use of narcotics by
vagrants and other persons, and has been the subject of vandalism and graffiti in ,
violation of sections 302.12 and 302.17 of the Uniform Code for the Abatement of
Dangerous Buildings, and sections 102 and 3402 of the Uniform Building Code,
2. The Subject Property has been abandoned for greater than six months without
appropriate and necessary maintenance, thereby constituting an attractive and
public nuisance in violation of sections 302.12 and 302.17 of the Uniform Code for
the Abatement of Dangerous Buildings.
3. The windows of the building are either missing or broken and boarded closed in
violation of sections 1001.2 and 1001.8 of the Uniform Housing Code, and section
302.18 of the Uniform Code for the Abatement of Dangerous Buildings.
4. The exterior stucco of the southeast apartment unit thereon has deteriorated such
that the paper and chicken wire adjacent to the frame is exposed as a result of time,
lack of maintenance and vandalism in violation of sections 1001.2 and 1001.8 of the
Uniform Housing Code, sections 302.12 and 302.17 of the Uniform Code for the
Abatement of Dangerous Buildings, and sections 104 and 3402 of the Uniform
Building Code.
5. The roof was inspected and declared substandard in 1994 and has continued to be
maintained in a substandard condition showing signs of deterioration in violation of
sections 1001.2 and 1001.3 of the Uniform Housing Code (hereinafter referred to
as the "Code").
6. Toilets are missing in three of the four apartment units in violation of sections 505.4,
505.5, 505.7, 1001.2 and 1001.6 of the Code.
7. Kitchen sinks are missing in all apartment units in violation of sections 505.3, 505.4,
1001.2 and 1001.6 of the Code.
8. There are sewer gases emerging from the open toilet and sink openings in all units,
thereby creating a possible health and fire hazard, in violation of sections 1001.2,
1001.9 and 1001.11 of the Code.
9. The covers of the electrical switches and light fixtures in all units are missing,
thereby exposing electrical wires, in violation of sections 701.2, 1001.2 and 1001.5
of the Code.
10. There is no vent for the stove in all apartment units in violation of section 1001.7 of
the Code.
11. The water heaters are non-operational in all apartment units in violation of sections
505.4, 1001.2 and 1001.6 of the Code.
12. The heating equipment is broken, falling apart, and non-operational in three of the
four apartment units in violation of sections 701.7, 1001.2 and 1001.7 of the Code.
13. No smoke detectors exist on the premises in violation of sections 1001.13 of the
Code.
14. The lights on the exterior of the building are missing, leaving the wiring exposed, in
violation of sections 701.2, 1001.2 and 1001.5 of the Code.
Res. No. 20169
Page 5
15. Electrical wires protrude from the holes in the stucco on the exterior of the building
in violation of sections 1001.2 and 1001.8 of the Code.
' 16. The plumbing is exposed to the exterior of the building in violation of sections
1001.6 and 1001.8 of the Code.
17. Some of the boards do not completely cover the windows of the building in violation
of section 1001.8 of the Code.
18. The phone lines to the building are inoperable in violation of section 1001.2 of the
Code.
19. The electrical service panel on the building has been pulled apart by vandalism and
remains in such condition in violation of section 701.2, 1001.2 and 1001.5 of the
Code.
20. The eaves of the building are rotting and deteriorated in violation of sections 1001.2
and 1001.8 of the Code.
21. The hot water heater is not vented in any of the apartment units in violation of
sections 701.3, 1001.2, 1001.6 and 1001.7 of the Code.
22. There are no temperature and pressure gauges on the hot water heaters in all
apartment units in violation of sections 701.3, 1001.2, 1001.6 and 1001.7 of the
Code.
' 23. There is a hole in the ceiling and roof where the water heater vent was previously
installed in violation of sections 1001.2, 1001.7 and 1001.8 of the Code.
24. There is a rusty and corroded area of unknown origin beside the gas heater in
violation of sections 1001.2, 1001.6 and 1001.7 of the Code.
25. The bathroom sink in one apartment is rusted and corroded in violation of section
1001.2 of the Code.
26. There are water stains on the ceiling indicating water damage in one apartment unit
in violation of section 1001.8 of the Code.
27. The sewer line is exposed in all apartment units, thereby creating a health and fire
hazard, in violation of section 1001.9 of the Code.
28. The bathroom floor is corroding in two of the apartment units in violation of section
1001.2 of the Code.
29. The bathtub is corroding and in need of maintenance in one apartment unit in
violation of sections 505.1, 505.7 and 1001.2 of the Code.
30. The door frame in one apartment unit is deteriorating in violation of section 1001.2
of the Code.
' 31. The heaters in three of the four apartment units are non-operable in violation of
sections 1001.2, 1001.7 and 1001.9 of the Code.
32. There are weeds and debris on and around the Subject Property in violation of
sections 1001.11 of the Code.
Res. No. 20169
Page 6
33. The eaves of the building are rotting,there is substantial deterioration to the exterior
of the building, the paint is peeling, the windows are broken, the roof is in disrepair,
the porches are damaged, there is trash and debris on and about the Subject '
Property, the building has been the subject of vandalism and graffiti, and there is no
landscaping or irrigation, all of which are viewable from the public right-of-way,
constituting violations of section 11.72.170 of the Palm Springs Municipal Code,and
section 93.19.00 of the Palm Springs Zoning Ordinance.
34. The zoning of the Subject Property was changed from multiple-.family residential"R-
G-A(6)"to single-family residential "R-1-D"as made to conform to the General Plan
adopted by the City Council in 1995, and the Subject Property has lost its legal non-
conforming use status as an apartment building as it has been vacant in excess of
180 days. Nevertheless, the Subject Property remains improved with apartment
units in violation of section 94.05.04 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 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 building at 400 West Avenida Cerca, 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 and
electrical hazards, conditions of inadequate sanitation, faulty weather
protection, and accumulation of debris, the building at 400 West Avenida
Cerca, 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. (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 B.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.) 1 ft?c
Res. No. 20169
Page 7
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 by substandard 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 a notice of public hearing thereof were provided to all owners,
mortgagees, and trust deed beneficiaries of400 West Avenida Cerca, 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 400 West Avenida Cerca, 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.
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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 owners
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 N"AinER 1
REVIEWED AND APPROVED:�/17(/C _