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HomeMy WebLinkAbout20191 - RESOLUTIONS - 10/3/2001RESOLUTION NO. 20191 THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, , CALIFORNIA, FINDINGAND DECLARINGTHE BUILDINGS AT 1000 EAST PALM CANYON DRIVE, PALM SPRINGS, CALIFORNIA TO BE A PUBLIC NUISANCE AND ORDERING THE ABATEMENT THEREOF WHEREAS, that certain real property known as 1000 East Palm Canyon Drive, and more particularly described as lot 36, MB 014/652 of SD Palm Valley Colony Lands, in the City of Palm Springs, County of Riverside, State of California, as per map recorded in book 14, page 652 of maps, in the Office of the County Recorder, Riverside County, Assessor's Parcel Number 508-370-006 in the City of Palm Springs, County of Riverside, State of California (the "Subject Property"), contains a vacant hotel; and WHEREAS, on or about February 3, 2000, after the City's Code Enforcement Officers received multiple complaints and conducted inspections of the Subject Property, the City issued a Notice of Violation to the current property owner, Linda Grant ("Property Owner"), requesting that the Subject Property be brought into compliance with City Codes; and WHEREAS, the City conducted additional inspections of the Subject Property, and the Property Owner failed to abate the Code violations within the times required and as requested in the Notice of Violation dated February 3, 2000, and as such, on or about April 5, 2000, the City sent a letter to the Property Owner requesting that the Code violations found on the Subject Property be abated and brought into compliance, and warning the Property Owner that lack of such compliance would subject her to a criminal action; and WHEREAS, the Property Owner failed to abate the Code violations on the Subject Property within the times required and as requested in the City's letter dated April 5, 2000, and as such, on or about May 11, 2000, the City sent a second letter to the Property Owner requesting that the Code violations found on the Subject Property be abated and brought into compliance, and again warning the Property Owner that lack of such compliance would subject her to a criminal action; and WHEREAS, the Property Owner failed to comply with the City's various requests as described above, and as such, on or about June 20, 2000, the City Filed a Misdemeanor Complaint against the Property Owner in Riverside Superior Court; and WHEREAS, on or about July 13, 2000, an Arraignment Hearing was held in Riverside SuperiorCourt, at which time a warrant was issued for the arrest of the Property Owner because she failed to appear at the Hearing as required; and WHEREAS, the Property Ownerfailed to abate the Code violations on the Subject Property despite numerous requests by the City to do so, and as such, on or about August 30, 2000, the City issued an Order to Abate Public Nuisance to the Property Owner ordering her to abate the public nuisances found on the Subject Property, including unsecured buildings being used by vagrants, trash, debris, junk, furniture, lumber, bricks, appliances, and overgrown and dead vegetation; and WHEREAS, the Property Owner failed to abate the Code violations on the Subject Property ' within the times required and as requested in the Order to Abate Public Nuisance dated August 30, 2000, and as such, on or about November 17, 2000, the City filed an Inspection (Abatement) Warrant with Riverside Superior Court for permission to inspect the Subject Property, abate the public nuisances, and secure the buildings; and Res. No. 20191 Page 2 WHEREAS, on or about December 15, 2000, in accordance with the Inspection (Abatement) Warrant dated November 17, 2000, the City completed the inspection of the Subject Property, abated the public nuisances, and secured the buildings; and ' WHEREAS, on or about December 29, 2000, the City issued a Notice of Public Nuisance Abatement to the Property Owner, which Notice was recorded with the Riverside County Recorder's Office, 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 January 11, 2001, the City dismissed the criminal action against the Property Owner because the City had completed the required abatement ofthe property as was noted in the Notice of Violation; and WHEREAS, on or about May 15, 2001, 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, which Notice was recorded with the Riverside County Recorder's Office on or about May 25, 2001, 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 substandard, dangerous and uninhabitable conditions of the Subject Property have been left unrepaired and uncorrected for greater than a one year 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 1000 East Palm 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 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 1000 East Palm Canyon Drive, Palm Springs, California, by certified mail, return receipt requested, on or about May 17, 2001; 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 buildings should not be condemned as a public nuisance and ordered to be abated by reconstructing, repairing or removing the buildings was posted on the Subject Property and mailed to the Property Owner of 1000 East Palm Canyon 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 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 1000 East Palm 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: I I I t2 Res. No. 20191 Page 3 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 1000 East Palm Canyon Drive, Palm Springs, California: UNIFORM HOUSING CODE VIOLATIONS ALL LODGING ROOMS, MAIN LODGE, RESTAURANT and STORAGE BUILDINGS: 1. All lodging and accessory buildings are in violation of section 1001.1 of the Uniform Housing Code (the "Code"), and are therefore declared unsafe and substandard buildings. 2. All buildings have inadequate sanitation, in violation of section 1001.2 of the Code. 3. All buildings have improper water closets, lavatories, showers and/or bathtubs, in violation of section 1001.2.1 of the Code. 4. All buildings lack hot and cold running water to plumbing fixtures, in violation of section 1001.2.4 of the Code. 5. All buildings lack adequate heating facilities, in violation of section 1001.2.6 of the Code. 6. All buildings have improper operation of required ventilation equipment, in violation of section 1001.2.7 of the Code. 7. All buildings lack minimum amounts of natural light and veentilation, in violation of section 1001.2.8 of the Code. 8. All buildings lack electrical lighting, in violation of section 1001.2.10 of the Code. 9. All rooms that should be habitable have excessive dampness, in violation of section 1001.2.11 of the Code. 10. All buildings have infestation of insects, vermin and rodents, in violation of section 1001.2.12 of the Code. 11. Overall care of the Property shows dilapidation and improper maintenance, in violation of section 1001.2.13 of the Code. 12. All building foundations are inadequate and deteriorated, in violation of section 1001.3.1 of the Code. 13. The flooring and floor supports of all buildings are defective and deteriorated, in violation of section 1001.3.2 of the Code. 14. The walls, partitions and other vertical supports of all buildings lean and are buckled due to defective materials and are deteriorated, in violation of section 1001.3.4 of the Code. 15. The ceilings, roofs, supports and other horizontal members of all buildings sag, are split and buckled due to defective materiall and deterioration, in violation of section inn R R of tho Pnrio i/ CM43 Res. No. 20191 Page 4 16. The ceilings, roofs, supports and other horizontal members of all buildings are insufficient and unable to carry the required loads and meet minimum safety ' requirements, in violation of section 1001.3.7 of the Code. 17. The Property is a nuisance as defined by section 1001.4 of the Code. 18. Electrical wiring is not in accordance with code requirements and has not been maintained or been used in a safe manner, in violation of section 1001.5 of the Code, and is therefore declared substandard. 19. Plumbing is not in accordance with code requirements and has not been maintained or been used in a safe manner, in violation of section 1001.6 of the Code, and is therefore declared substandard. 20. Mechanical equipment, such as the air conditioning and heating systems, are not in accordance with code requirements and have not been maintained or been used in a safe manner, in violation of section 1001.7 of the Code, and are therefore declared substandard. 21. All buildings are substandard and have deteriorated, crumbling and loose plaster; ineffective waterproofing of exterior walls, roof and floors; broken windows and doors; lack of paint or approved protective coating; and broken, rotted, split and buckled exterior wall and roof coverings, all in violation of section 1001.8 of the Code. 22. All buildings, or portions thereof, have equipment, combustible waste and vegetation I that are in such a condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of a fire or explosion arising from any cause, in violation of section 1001.9 of the Code, and are therefore declared substandard. 23. The Property has an accumulation of weeds, dead vegetation, junk, debris, garbage, rat harborage, and combustible materials that constitute a health and safety hazard, an violation of section 1001.11 of the Code. 24. There are no working smoke detectors or fire extinguishers on the premises, in violation of section 1001.13 of the Code. OTHER VIOLATIONS GENERAL GROUNDS AREAS: The Property is also in violation of Palm Springs Zoning Code section 93,19.00, Property Maintenance Standards. Specifically: a. Dead trees throughout property; b. Weeds; C. Trash and debris; ' d. Miscellaneous broken mechanical equipment and junk; e. Overgrown trees and plants; f. All buildings have peeling, faded and dilapidated paint; Res. No. 20191 Page 5 g. Broken fencing throughout the Property; h. Parking and roadways are dilapidated and broken up, some areas are down to dirt; ' i. No working irrigation system for plants and trees; No visible striping for parking and roadway; k. Broken -up walkways and surfaces throughout the Property; I. No on -site lighting; M. All building have loose roofing materials; n. All mechanical equipment is not concealed form view and is inoperative; and o. Numerous broken and cracked windows on all buildings. 25. The Property, in its existing state, is in violation of Palm Springs Zoning Code section 94.04.00. Specifically, the Property does not meet architectural review approval. 26. The Property is in violation of Palm Springs Zoning Code section 04.05.03, subsection P. Specifically, the legal non -conforming status is in violation due to no attempt to restore the building or structures on site within the ninety (90) day requirement from the date the buildings became dilapidated and unsafe to when restoration was to be completed. 27. The Property is in violation of Palm Springs Zoning Code section 93.06.00. Specifically, the parking lots and roads lack adequate road surface, striping, landscape and lighting. 28. The Property is in violation of Palm Springs Zoning Code section 93.07.02. Specifically, the trash enclosures do not meet the demands of the Property and standards under section 93.07.02, subsection A. 29. The Property is in violation of Palm Springs Municipal Code section 11.72.160, Deteriorating and Defective Structures. Specifically, there are deteriorated and defective structures throughout the entire Property. 30. The Property is in violation of Palm Springs Municipal Code section 11.72.080, which states that any violation of the Palm Springs Zoning Code is a public nuisance. 31. The Property is in violation of Palm Springs Municipal Code section 11.72.100, which states that any violation of the Uniform Housing Code, as amended, is a public nuisance. CALIFORNIA BUILDING CODE VIOLATIONS. 32. The Property has been declared an unsafe building and structure pursuant to section 102 of the California Building Code. CC Res. No. 20191 Page 6 33. The Property is in violation of section 106 of the California Building Code in that permits are required for all work done on the Property and no such permits have ' been obtained from the City. 34. The Property is in violation of section 3402 of the California Building Code, which states that all buildings or structures, both existing or new, and all parts thereof, shall be maintained in a safe and sanitary condition. 35. The Property is in violation of sections 419 and 421 of the California Building Code in that the pool, pool equipmentand pool fencing are not in compliancewith required code standards. 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 1000 East Palm 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 1000 East Palm 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.) 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.) ' . �� Res. No. 20191 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.) Section5. Public nuisances created bysubstandard buildings Eire 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 of 1000 East Palm 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. 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 1000 East Palm 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. Res. No. 20191 Page 8 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 3rd day of ._ october„2001. AYES: Members Hodges, Jones, Oden, Reller—Spurgin and Mayor Kleindienst NOES: None ABSENT: None ABSTAIN: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA Z-1) CITY CLERK CITY MAN REVIEWED AND APPROVED:�2s