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HomeMy WebLinkAbout9/5/2001 - STAFF REPORTS (18) i Date: September 5, 2001 To: City Council From: Director of Planning and Building RE: Abatement of Nuisances, 400 W, Avenida Cerca RECOMMENDATION: It is recommended that the City Council declare the buildings at 400 W. Avenida Cerca substandard and in violation of Chapter 10 of the Uniform Housing Code, Chapter 3 of the Uniform Code for the Abatement of Dangerous Buildings, Section 102 and 3402 of the Uniform Building Code, 93.19.00, 94.05.04(K) of the Palm Springs Zoning Ordinance, and Palm Springs Municipal Code Sections 11.72.080, 11.72.090, 11.72.100, 11.72.160, and 11.72.170 and that the City Council declare that the public nuisances created thereby are subjectto abatement;and thatthe City Council orderthe owner repair or demolish the buildings in atimely manner;andthat the City Council authorize demolition of the buildings should the ownerfail to abate the public nuisances. BACKGROUND: The property is described as follows: Lot 222,MB 024/053 of Desert Highland Estates,in the City of Palm Springs, County of Riverside, State of California, as per map recorded in book 24, page 53 of maps, in the Office of the County Recorder of said County. The building on the property is currently abandoned. Staff has received complaints regarding 400 W.Avenida Cerca since June 1994. Due to unsafe and substandard conditions,the City had the gas and electrical utilities disconnected in 1994.Afterthe utilitieswere pulled,the building lost its legal non-conforming use status because the building was no longeroccupied nor did it meet current City codes. In January 1997, staff issued numerous Notice of Code Violations to James Perry, the owner of the property.Violations rangefrom property maintenance,substandard living conditions, unsanitary conditions,and expiration of non-conforming use of the property.Notices were sent on January 21, 1997,May 19,1998, December 28, 1998, September20, 1999 and February 15, 2000. The owner failed to comply with the Notices and therefore the City was required to do five abatements to the property from 1997 through 2000 to correct code violations at costtotaling$2,257.The abatements were done forproperty clean-up,securing of the building as it sat abandoned and the resecuring of the property aftervagrants had broken into the building. The costs for the abatements were recorded with the County Recorder and each year were placed onto the Riverside County tax rolls. 1074 The persistence of code violations reported on the property and the unwillingness of the ownerto correct the problems,on March 10,2000 Community Preservation staff received an inspection warrant from the Court to reinspect the property to compile the required information needed before a Notice and Order may be issued. On March 16, 2000 Community Preservation and Building Department staff inspected the property. On August 31, 2000, a Notice and Order concerning a substandard building was posted onto the property and mailed both regular and certified to the owner James Perry. The Notice was recorded on September 13, 2000 with the County Recorder. Staff continues to receive calls regarding the condition of the property from neighbors and the City's Police and Fire Departments. In accordance to the Uniform Housing Code and the Code for Abatement of Dangerous Buildings, the property has been determined to be substandard. The violations that exist on the property include, unsafe structural members, lack of heating, hazardous and exposed electrical and mechanical equipment, lack of hot and cold water, holes in the walls and flooring, insects and vermin, water leakage, water damage to the roofs, walls and floors, lack of ventilation and lighting, lack of fire prevention, lack of appropriate parking area,striping,lighting,lack of propertrash enclosures,unsafe gas hook-ups,inoperative plumbing,and general dilapidation and non-existent property maintenance to the structures and grounds. On March 13, 2001 the Director of Planning and Building presented a community preservation update to the residents of the neighborhood at the Desert Highland Gateway Association monthly meeting. The focus of the presentation was the condition of this property and two others which are in a state of disrepair, the abatement and demolition process and to inquire as to whether or not the community supported the City's Community Preservation efforts within its neighborhood. During the meeting, no one present indicated that they were supportive nor a representative of the owner James Perry. Since the meeting, the owner has made no attempt to contact staff or correct any of the violations noted in the Notice issued. And staff continues to receive complaints on the condition of the property. The 45 day compliance period for the Notice and Order has expired and all parties of past and present owners were properly notified of its requirements and expiration date. The Notice was recorded with the County Recorder on October 12, 2000. On July 23, 2001 the Notice to Abate Nuisance hearing was set and notification was done by a posting of the property and sending it to the record owner both certified and regular mail. The hearing Notice was recorded with the County Recorder. CORRECTIVE ACTION: Persons responsible for the abatement of a nuisance include every person who, either by his affirmative acts of by his omission to diligently, carefully and prudently conduct his affairs or manage his property, creates or causes the nuisance or suffers or permits the nuisance to exist; every person who has the right to possess, use and enjoy, or to receive all or part of the issues, profits and benefits of the property or thing which is the nuisance; and every person who owns an estate or interest in the real property upon which the nuisance is created or is maintained or upon which it is suffered to exist. I "71$ck Pursuant to Health&Safety Code Section 17980(b),the responsible persons(s)has the option of either making the necessary repairs to the building or demolishing the building. A choice must have been made within 30 days of the date of service of the Notice&Order of August 31, 2000. The responsible parties did not respond to the Notice & Order. Should the Council approve the abatement, the owners will have 30 days, until October 5, 2001, to either bring the buildings up to current code standards or demolish them. If the owners fail to respond, the City may proceed towards the demolitions of the buildings by order of the Court. �VUWM aC DOUGLAS R. EVANS Director of Planning and Building APPROVEDic�� City Manager ATTACHMENTS: 1. Notice & Order(August 31,2000) 2. Resolution I� 66943 CA. O//_c44 2 4 4 Poi S NW SE SEC 34 T 3S. R.4E. 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Z .i `si, LAS VEGAS Lot R e RD 24153-54 DESERT HIGHLAND ES AT TES N rE ALL CDR✓ES ARE R-25' - � P7[1317O UNLESS 0rNER DATA SNOW I ASSESSOR'S MAP RK 669 PS 39 ✓UNE /966 RIVERS/DE CWNTY, CAG/- NOTIC AND ORD R CONCERNING A SUBSTANDARD BUILDING Date of Issuance: 3Z (�y�,..�v2GCv File No: NOTICE TO: James Perry 400 Avenida Cerca Palm Springs,CA 92262-1407 Gateway Title Company 1405 N.San Fernando Blvd Burbank,CA 91504 At' Martin Evans GENERAL DESCRIPTION: 400 W.Avenida Cerca Palm Springs,CA 92262 ("Subject Property") LEGAL DESCRIPTION: Lot 222 of Desert Highland Estates,as shown by map on file in book 24,page 53 and 54 of maps,in the Office of the Riverside County Recorder. In accordance with Chapter 10 of the Uniform Housing Code(the"Code")as adopted and amended by the City of Palm Springs,Notice is hereby given that SUBSTANDARD BUILDING h has been determined to exist on the property described herein,by reason of conditions found to render the building substandard under the provisions of Section 202 of said Code, The conditions found to exist are described as follows: UNIFORM HOUSING CODE VIOLATIONS: 1. All windows are either missing or broken,and boarded closed,in violation of section 1001.2,and 1001.8 of the Code. 2. The exterior stucco of the southeast apartment unit 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. The foregoing conditions are in violation of sections 601.2, 1001.2,and 1001.8 of the Code. 3. The roof was inspected and declared substandard in 1994. The roof has been maintained in a substandard condition showing signs of deterioration. The foregoing conditions are in violation of section 1001.2, 1001.3 of the Code. 4. The toilet is 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. 5. The kitchen sink is missing in all apartment units,in violation of sections 505.3,and 505.4, 1001.2,and 1001.6 of the Code. 6. 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. 7. The covers to 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. 8. There is no vent for the stove in all apartment units,in violation of section 1001.7 of the Code. 9. The water heaters are non-operational in all apartment units,in violation of sections 505.4, 1001.2,and 1001.6 of the Code 10.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. 11.There are no smoke detectors on the premises,in violation of section 1001.13 of the Code. 12.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. 13.There are electrical wires protruding from the holes in the stucco on the exterior,in violation of sections 1001.2,and 1001.8 of the Code. 14.The plumbing is exposed to the exterior,in violation of sections 1001.6,and 1001.8 of the Code. 15.Some of the boards do not completely cover the windows,in violation of section 1001.8 of the Code. 16.The phone lines attaching to the building are inoperable,in violation of section 1001.2 of the Code. 17.The electrical service panel has been removed,in violation of section 701.2, 1001.2,and 1001.5 of the Code. 18.The eaves are rotting and deteriorated,in violation of sections 1001.2 and 1001.8 of the Code. 2 19.In all apartment units,the hot water heater is not vented,in violation of sections 701.3, 1001.2, 1001.6,and 1001.7 of the Cade. 20.There is no temperature and pressure gauge on the hot water heater in all apartment units, in violation of sections 701.3, 1001.2, 1001.6,and 1001.7 of the Code. 21.There is a hole in the ceiling and roof where the water heater vent used to be,in violation of sections I00L2, 1001.7,and 1001.8 of the Code. 22.There is a rusty and corroded area of unknown origin beside the gas heater,in violation of section 1001.2, 1001.6,and 1001.7 of the Code. 23.The bathroom sink in one apartment is rusted and corroded,in violation of section 1001.2 of the Code. 24.There are water stains on the ceiling indicating water damage in one apartment unit,in violation of section 1001.8 of the Code. 25.The sewer line is exposed in all units,thereby creating a health and fire hazard,in violation of section 1001.9 of the Code. 26.The shower wall is only painted and not protected with the in one apartment unit,in violation of sections 505.5,and 601.2 of the Code. 27.The bathroom floor is corroding in two of the apartment units,in violation of section 1001.2 of the Code. 28.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. 29.The door frame in one unit is deteriorating,in violation of section 1001.2 of the Code. 30.The electrical service panel has been pulled apart and destroyed by vandalism,in violation of sections 701.2, 1001.2,and 1001.5 of the Code. 31.The heaters in three of the four apartments 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 section 100 1.11 of the Code. UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS(UCADB) VIOLATIONS: 33.The southwest apartment has been used for illegal activity including prostitution, consumption of alcohol and use of narcotics by immoral persons,and has been the subject of graffiti on multiple occasions in violation of section 302.12,and 302.17 of the UCADB. 34.All windows are either missing or broken,and boarded closed,in violation of section 302.18 of the UCADB. 35.The exterior stucco of southeast apartment 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. The foregoing conditions are in violation of section 302.12,and 302.17 of the UCADB. 36.There are bottles of whiskey and other debris on and around the Subject Property which indicates the use of the Subject Property by immoral persons,in violation of section 302.12,302.13,and 302,17 of the UCADB. 37.The building has been abandoned for a period in excess of 6 months constituting an attractive and public nuisance,in violation of section 302,12 and 302.17 of the UCADB. nA 7 3 UNIFORM 13 rr DING COD (UBQ V ID ATIONSt 38,The exterior stuceo of the premises 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, The foregoing conditions are in violation of section 102 and 3402 of the UBC. 39.The southwest apartment has been used for illegal activity including prostitution, consumption of alcohol and use of narcotics by immoral persons,and has been the subject of graffiti on multiple occasions in violation of section 102 and 3402 of the UBC The Subject Property is also in violation of Palm Springs Municipal Code Section 11.72.160 Deterioration and Defective Structures,and Section 11.72.170 Property Maintenance(a copy of which is attached for your reference). Specifically;: 40.The eaves 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,and the porches are damaged,there is trash and debris on and about the Subject Property,the structure has been the subject of vandalism and graffiti,there is no landscaping or irrigation. All of the conditions are viewable from the public right-of-way and from the site of neighboring properties. The Subject Property is also in violation of Palm Springs Zoning Ordinance Section 93,19.00 Property Maintenance Standards(a copy of which is attached for your reference). Specifically: 41.The eaves 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,and the porches are damaged,there is trash and debris on and about the Subject Property,the structure has been the subject of vandalism and graffiti,there is no landscaping or irrigation. All of the conditions are viewable from the public right-of-way and from the site of neighboring properties. The Subject Property is also in violation of Palm Springs Zoning Ordinance Section 94.05.04 Non-Conforming Uses(a copy of which is attached for your reference). Specifically: 42.The zoning of the Subject Property was changed from multiple-family residences"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. The Subject Property has lost its legal non- conforming use status as it has been vacant for greater than 180 days. The Subject Property is also in violation of sections 11.72.080 of the Palm Springs Municipal Code which states that any violation of the Pahn Springs Zoning Ordinance is a public nuisance. The Subject Property is also in violation of section 11.72.100 of the Palm Springs Municipal Code which states any violation of the Uniform Housing Code as amended is a public nuisance. The Subject Property is also in violation of section 11.72.090 of the Palm Springs Municipal Code which states any violation of the Palm Springs building code(Title 8 of this code)as amended is a public nuisance. Persons responsible for the abatement of a nuisance include every person who,either by his affirmative acts or by his omission to diligently,carefully and prudently conduct his affairs or manage his property,creates or causes the nuisance or suffers or permits the nuisance to exist; every person who has the right to possess,use and enjoy or to receive all or part of the issues, profits and benefits of the property or thing which is the nuisance;and every person who owns an estate or interest in the real property upon which the nuisance is created or is maintained or upon which it is suffered to exist. Pursuant to Health&Safety Code Section 17980(b)you have the option of either making the necessary repairs to the building or demolishing the building. You must make your choice within thirty( days from the date of service this Notice and Order upon you. In the event re you choose to repair the building,you must present a reasonable and feasible schedule for repair of the defects within the aforementioned thirty(30)day period. If you do not make a timely choice of repair or demolition,fail to perform the repair work as scheduled and agreed,or select an option which cannot be completed within a reasonable period of time,as determined by the 4 doori;11994 preyppdipp may be initiated by the City, If you fail And/or refuse to comply W(tH t�i(g t�atlae and 6rdeP wlthltt tIf�sen(iS)days of the exglration of the ahoveWrcferanaed thirty(30)day paged,the City May preaeed with the demetitien of She buttiintt en the lbtWeat Property, If you and/or the other responsible parties fail and/or refuse to comply with this Notice and Ofdef as set forth above,the City may proceed with the demolition of the building an the Subject Property. CORRECTIVE ACTIONS REQUIRED A. Submit an application to the Planning Commission for continuation of the legal non-conforming use to convert said dwelling into a single family dwelling. B. Submit plans,including all details of construction and correction,to the Building Division to bring all portions of the structure into compliance with the code requirements. C. Begin making all corrective actions required as detailed in the plans submitted to the Building Division which addresses the restoration and rehabilitation of the structural,mechanical,electrical,and plumbing systems of the exterior and interior of the dwelling. D. Remove all trash,junk,debris,dead vegetation,from the Subject Property, and begin making all corrective actions required to restore the landscaping on and around the dwelling. E. Ensure all required inspections are completed. F. Except for clean up work,no corrective actions are to commence prior to obtaining all required permits and inspections as required by the Building Department. You and any other responsible parties will be subject to liability for payment of all costs which the City incurs to initiate abatement procedures and to abate the nuisance,including but not limited to all costs of inspection,investigations,assessment,repair,mitigation remediation, removal,rehabilitation,security,storage traffic control,law enforcement protection and other consequential direct and indirect costs relating to such abatement including administrative and legal fees and costs. Current fees for City costs are as follows: • General staff and inspection time-$50.00/hour(1/4 hour minimum). • City Attorney time-$155.00/hour RIGHT OF APPEAL: Any person having record title or legal interest in the building may appeal from the Notice and Order or any action of the Building Official or designee to the Board of Appeals,provided the appeal is made in writing and in the form required by Section 1201.1 of the Uniform Housing Code and filed with the Building Official within thirty(30)days from the date of service of such Notice and Order,provided,however,that if the building or structure is in such condition as to make it immediately dangerous to the life,limb,property or safety of the public or adjacent property(s)and is ordered vacated and is posted,such appeal shall be filed within 10 days from the date of service of the Notice and Order upon you. Failure to appeal will constitute a wavier of all rights to an administrative hearing and determination of the matter. Where appropriate,as determined by the City,the City may conduct further proceedings in accordance with Chapters 11.72 and 2.50 of the Palm Springs Municipal Code. Processing of the appeal shall be in accordance with the provisions set forth in the Uniform Housing Code. A complete text of said code is attached as Exhibit"A"hereto. Please direct your appeal to: Board of Appeals,City of Palm Springs Building Division,P.O.Box 2743,Palm Springs,CA 92263(760)323-8242. lei 5 Pursuant to Revenue and Taxation Code auction 17274 and 24436.5.a tax deduction may not be allowed for Interest,taxes,depreciation,or amortization paid or incurred on the Subject Property In the taxable years of 1997 or 1998, If you would like to make arrangements for an acceptable schedule of repairs,please contact Rebecca Clark at(760)322-8364 x8764 within the above-referenced time period. DATED this; day of 2.000. Rebecca Clark Community ervat on Officer L Douglas Evans Director of Planning and Building ��il�Posted on Property. 6 1997 Uniform Housing Code Chapter 12-Appeal section 1201 ,General 1201.1 Forin of Appeal. Any pettnti entitled to§ervico ihidct gedtion 1101.1 may appeal from any notice and order or any action of the building official under this code by filing at the office of the building official a written appeal containing: 1. A heading in the words: 'Before the board of appeals of the........of.......... 2. A caption reading: "Appeals of...........giving the names of all appellants participating in the appeal. 3. A brief statement setting forth the legal interest of each of the appellants in the building or the land involved in the notice and order. 4. A brief statement in ordinary and concise language of that specific order or action protested,together with any material facts claimed to support the contentions of the appellant. 5. A brief statement in ordinary and concise language of the relief sought and the reasons why it is claimed the protested order or action should be reversed,modified or otherwise set aside. 6. The signatures of all parties named as appellants and their official mailing addresses. 7. The verification(by declaration under penalty of perjury)of at least one appellant as to the truth of the matters stated in 2ppeal. The appeal shall be filed within 30 days from the date of the service of such order or action of the building official,provided,however,that if the building or structure is in such condition as to make it immediately dangerous to the life,limb,property or safety of the public or adjacent property and is ordered vacated and is posted in accordance with Section 1104,such appeal shall be filed within 10 days from the date of the service of the notice and order of the building official. 1201.2 Processing of Appeal. Upon receipt of any appeal filed pursuant to this section, the building official shall present it at the next regular or special meeting of the board of appeals. 1201.3 Scheduling and Noticing Appeal for Hearing. As soon as practicable after receiving the written appeal,the housing advisory and appeals board shall fix a date,time and place for the hearing of the appeal by the board. Such date shall be not less than 10 days nor more than 60 days from the date of the appeal was filed with the building official. Written notice of the time and place of the hearing shall be given at least 10 days prior to the date of the hearing to each appellant by the secretary of the board either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof,postage prepaid,addressed to the appellant at the address shown on the appeal. Section 1202-Effect of Failure to Appeal Failure of any person to file an appeal in accordance with the provisions of Sections 1101 and 1201 shall constitute a waiver of the right to an administrative hearing and adjudication of the Notice and Order or to any portion thereof. Section 1203-Scope of Hearing on Appeal Only those matters or issues specifically raised by the appellant shall be considered in the hearing of the appeal. Section 1204-Staying of Order of Appeal Except for vacation orders made pursuant to Section 1104,enforcement of any notice and order of the building official issued under this code shall be stayed during the pendency of an appeal therefrom that is properly and timely filed. 668i0140e4-000 939 Exhibit A 43 Ot�OMLW CIA- James Perry 400 W. Avenida Cerca Palm Springs, CA 92262 fl t b DECLARATION OF POSTING I, Dirk Voss, declare: 1) The facts set forth below are known personally to me and called upon could and would testify thereto. 2) I am employed by the City ofPalm Springs as a Community Preservation Coordinator.One of my job duties is to cause the posting ofa Notice to Abate Nuisance concerning a substandard building declaring a building and property a public nuisance on behalf of the City of Palm Springs.The public hearing is set for September 5, 2001. 3) On July 23,2001, a copy oftheNotice to Abate Nuisance dated July 23,2001 for the property located at 400 W. Avenida Cerca, Palm Springs, California was posted conspicuously on the property. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 23 day of July, 2001, at Palm Springs, California. Dirk Voss v Community Preservation Coordinator City of Palm Springs DECLARATION OF MAILING I, Dirk Voss, declare: 1) The facts below are known personally to me and if called upon to testify, I could and would competently testify thereto. 2) 1 am employed by the City of Palm Springs as the Community Preservation Coordinator. 3) On July 23,2001 and August 22,200 1, 1 caused a copy of allotice to Abate Nuisance declaring the property and buildings at 400 Avenida Cerca,Palm Springs,Ca. a public Nuisance dated July 23, 2001 and August 22, 2001, to be mailed by certified mail, return receipt requested to the owner(s)of record as listed on the latest tax roll and all parties holding a beneficial interest inthe property located at 400 Avenida Cerca. The public hearing will be on September 5, 2001. Mailing listed as follows: James Perry Dauphin Deposit Bank & Trust Gateway Title Co. 400 Avenida Cerca c/o The Money Store 1405 . San Fernando Palm Springs, Ca. 92262 P.O. Box 15497 Blvd. Burbank, CA. Sacramento, Ca. 95851-0497 91504 Diamond Coast 16455 Main Street, Ste 12 Norwest Mortgage SBD Properites Hesperia, Ca. 92345 c/o Pacific National Bank c/o Martha Roof 41 Corporate Park, Ste 300 2107 N. Broadway Pacific National Bank Irvine, Ca. 92714 Suite 209 41 Corporate Park, #300 Santa Ana, Ca. 92706 Irvine, Ca. 92714 Norwest Mortgage 800 La Salle Ave, Ste 1000 Richmond/Monroe Diamond Coast Inc Minneapolis, MN. 55402 American Gateway Title Co Reconveyance c/o The Money Store The USA 25600 Rye Canyon 1770 Tribute Ste 209 c/o The Money Store Road, Ste B Sacramento, Ca. 95815 P.O. Box 15497 Valencia, Ca. 91355 Sacramento, Ca. 95851 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed day of August, 2001 at Palm Springs, California. Dirk Voss Community Preservation Coordinator City of Palm Springs James Perry Norwest Mortgage The USA 400 Avenida Cerca C/o Pacific National Bank c/o The Money Store Palm Springs, Ca. 92262 41 Corporate Park, Ste 300 P.O. Box 15497 Irvine, Ca, 92714 Sacramento, Ca. 95851 Diamond Coast Inc. Norwest Mortgage Gateway Title Company 16455 Main Street, Ste 12 800 La Salle Avenue, Ste 1000 1405 N. San Fernando Blvd Hesperia, Ca. 92345 Minneapolis, MN. 55402 Burbank, Ca. 91504 Pacific National Bank Richmond/Ivlonroe American Reconveyance 41 Corporate Park, 4300 25600 Rye Canyon Road, Ste B Irvine, Ca. 92714 Valencia, Ca. 91355 Diamond Coast Inc T.M.S. Mortgate Inc. SBD Properties Gateway Title Company 1770 Tribute Road, Ste: 209 c/o Martha Roof c/o The Money Store Sacramento, Ca. 95815 2107 N. Broadway, Ste: 209 1770 Tribute Ste: 209 Santa Ana, Ca. 92706 Sacramento, Ca. 95815 Dauphin Deposit Bank and Trust Co. c/o The Money Store P.O. Box 15497 Sacramento, Ca. 95851-0497 NOTICE TO ABATE NUISANCE The owner of the building situated al 400 Avenida Cerca . Palm Springs, California is hereby notified to appear before the City Council for the City of Palm Springs, governing board of the Planning and Building Department for the City of Palm Springs, at its meeting to be held September 5, 2001, at 3200 E. Tahquitz Canyon Way, Palm Springs, California in the Council Chambers at the hour of 7:00 pm, or as soon thereafter as he/she may be heard, and show cause, if any he/she has, why said building should not be condemned as a public nuisance and said nuisance be abated by reconstructing or properly repairing said building or by razing or removing same. Dated: Planning and Building Department City of Palm Springs By D k Voss Community Preservation Coordinator Jerry Perry 400 W. Avenida Cerca Palm Springs, Ca. 92262 NOTICE TO ABATE NUISANCE The owner of the building situated at 400 W. Avenida Cerca, Palm Springs, California is hereby notified to appear before the City Council for the City of Palm Springs, governing board of the Planning and Building Department for the City of Palm Springs, at its meeting to be held September 5, 2001, at 3200 E Tahquitz Canyon Way, Palm Springs, California in the Council Chambers at the hour of 7:00 pm, or as soon thereafter as he/she may be heard, and show cause, if any he/she has, why said building should not be condemned as a public nuisance and said nuisance be abated by reconstructing or properly repairing said building or by razing or removing same Dated: `) - Z3— oI Planning and Building Department City of Palm Springs I3 J � Dirk Voss Community Preservation Coordinator 1 � James pe 400 jj Av i' palm Springs is Cerca .. � CA 92262_' _ • RESOLUTION NO. 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 Property within 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 Changeto the Property Owner which advised that pursuantto 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 ' 7C 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 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 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 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 by the 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 Owner failed to abate the violations on the Subject Propertywithin 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 tothe 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 1 7CW 0% 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: I 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. 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. /7CS7 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 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 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 400 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. I "X7 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 day of September, 2001. AYES: NOES: ABSENT: ABSTAIN: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA CITY CLERKS CITY MANAGER REVIEWED AND APPROVED: �7�!✓�