Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
10/3/2001 - STAFF REPORTS (9)
Date: September 5, 2001 To: City Council From: Director of Planning and Building RE: Abatement of Nuisances, 1000 E. Palm Canyon Drive(Biltmore) RECOMMENDATION: It is recommended that the City Council declare the buildings at 1000 East Palm Canyon Drive substandard and in violation of Chapter 10 of the Uniform Housing Code, Uniform Building Code sections 102, 106, 419, 421 and 3402, Sections 93.06.00, 93.07.02, 94.05.03(P) and 93.19.00 of the Palm Springs Zoning Ordinance, and Palm Springs Municipal Code Sections 11.72.080, 11.72.100, 11.72.160,and 11.72.170 and that the City Council declare thatthe public nuisances created thereby are subject to abatement;and that the City Council order the owner repair or demolish the buildings in a timely manner; and that the City Council authorize demolition of the buildings should the owner fail to abate the public nuisances. BACKGROUND: The property is described as follows: Lot36, 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 of said County. The buildings on the property are all currently abandoned. Staff received complaints regarding 1000 East Palm Canyon Drive starting in February 2000. A Notice of Violation was sent in February 2000. The property owner, Linda Grant failed to comply with the Notice and in June 2000, through the City Attorney, the City filed a criminal complaint against the property owner for failing to complywith the Notice of Violation. During this time the Citycontinuedto receive complaints from surrounding property owners regarding the condition of the property. Because of the owners failure to comply with the Notice and failure to appear in court,a warrant was issued for her arrest.The case and the warrant were later dismissed after the City obtained and executed an abatement warrant from the court. In December 2000, the City executed an inspection and abatement warrant authorized by the Court to clean-up and secure by board-up any and all openings throughout the property and it's buildings at a cost to the City of $12,500. The property owner has not paid the costs for the abatement. The costs of this abatement were recorded as a property tax lien with the County Recorder. In February 2001, staff received a petition with 105 signatures from neighboring property owners complaining about the condition of the property. 11A 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 road surfaces,striping,parking and lighting, lack of propertrash enclosures, unsafe gas hook-ups, inoperative plumbing,and general dilapidation and non-existent property maintenance to the structures and grounds. In December2000,Community Preservation staff sent a letterto the property owner, Linda Grant, outlining what the City requirements would be for the property to be brought up to code and what steps the owner should take to assure compliance. In April 2001,Community Preservation staff reinspected the propertyto ascertain if any improvements had occurred in the attempt to gain compliance from the owner. Since no progress was evident, in May 2001 a Notice and Order concerning a substandard building was prepared and sent to the property owner allowing them forty-five(45) days to comply with the Notice or the City would proceed with the abatement process. This notice was recorded with the County Recorder on May25, 2001. In July 2001, the 45 day compliance period for the Notice and Order expired and a date was set forthe Notice to Abate Nuisance hearing. On July 23,2001 the Notice forthe hearing was posted on the property and mailed both certified and regular mail. This Notice was recorded with the County Recorder. Community Preservation staff with the verbal approval of Linda Grant have closely inspected the property many times after she had advised staff that she was making progress on the clean-up of the site. Unfortunately, after the inspections staff has determined that very little, if any, clean-up work was done. Throughout the past six months, staff has received numerous complaints from the residents at the two condominium complexes adjacent to this specific property. Further, staff has received complaints from the City Police and Fire departments for open buildings, vandalism, vagrants living on site and excessive dead and overgrown vegetation throughoutthe property. Recently,the ownerhas done some clean-up by removing green waste,resecuring and boarding up any openings to the buildings and indicated she had cleaned out most of the old furniture and waste from the inside of the buildings The owner has met with Community Preservation, Planning and Redevelopment staff at least three times over the past six months to discuss the proposed rehabilitation of the property. During these discussions,staff has continually outlined the required steps to proceed with the project and as would be required to bring the property up to code and in compliance with the Notice issued in May 2001.Unfortunately, during each meeting the owner has failed to produce a professionally prepared plan, hire a contractor or architect, obtain financing for the project, or identify specific time frames to begin and complete the project. The property owners have continually refused to address the code violations noted in the Notice and Order and have not taken any steps towards acknowledging the abatement process. I I Itl CORRECTIVE ACTION: 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. Pursuantto 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 May 15, 2001. 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 demolition of the buildings by order of the Court. DOUGLA . EVANS Director of Planning and Building City Manager ATTACHMENTS: 1. Notice & Order(May 15, 2001) 2. Resolution I � � 3 ` TC.A. //OJ on-oho E/2SEXSW14SEC 23T4S.,1?.4E 42 MAP NOT TO SCALE 43 e tk E r - ---- O � f P TO x 5LL co. M8141652 SO Po/m ✓o/Ley Colony Lands mb R/S/2/69 53/96-99 MB 71/99-/00 - J �-- j js d° 4 ASSESSORS MAP BK SOB FG,Y FE9/9694, FIRST AMERICAN TITLE COMPANY BNERS/oE CCUIVTY, CALIF 3625 Fourteenth Street- 787-1700 Riverside, California 92501 This map may or may not he a survey of the land depicted hereon. You should not rely upon it for any purpose other than orienta- tion to the general location of the parcel or parcels depicted. First American rite ex- pressly disclaims any liability for alleged loss or damage which may result from reliance upon this map" Exhibit NOTIC AND ORDER CONCERNING A SUBSTANDARD BUILDING Date of Issuance: May S,2001 File No.: of——180 NOTICE TO: Linda F.Grant 1495 Stone Canyon Rd. Los Angeles,CA 90077-1908 GENERAL DESCRIPTION: 1000 E.Palm Carryon Drive Palm Springs,CA 92262 ("Property") LEGAL DESCRIPTION: Assessor's Parcel No.508-370-006 (See Exhibit"A"attached hereto) In accordance with Chapter 10 of the Uniform Housing Code(the"Cade")as adopted and amended by the City of Pahn Springs,Notice is hereby given that a SUBSTANDARD BUILDING 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: R1V#72972 vl -1- I IIIIII IIIIII IIIII IIIII IIII IIIIII IIIIII III IIIII IIII IIII 05i2V2&1 SO oea Exhibit UNIFORM HOUSING CODE VIOLATIONS ALL LODGING ROOM$MIN LODGE,RESTAURANT and STORAGE BUILDINGS: 1. All lodging and accessory buildings are in violation of section 1001.1 of 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. S. 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 ventilation,in violation of section 1001.2.8 of the Code. S. 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 material and deterioration,in violation of section 1001.3.6 of the Code. 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. RIV N72972 A �11111111111111111 HE IN 1111111111111111111111111111 csl29o14 of^a19oaF Exhib&, 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 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 10019 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,in 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 GROUNDSAREAS: 25. The Property is also in violation of Palm Springs Zoning Code section 93.19.00,Property Maintenance Standards(a copy of which is attached hereto). Specifically: a. Dead treey 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; g. Broken fencing throughout the Property; It. Parking and roadways are dilapidated and broken up,some areas are down to dirt; i. No working irrigation system for plants and trees; j. No visible striping for parking and roadway; k. Broken-up walkways and surfaces throughout the Property; 1. No on-site lighting; in. 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. 26. The Property,in its existing state,is in violation of Palm Springs Zoning Code section 94.04.00(a copy of which is attached hereto). Specifically: a. The Property does not meet architectural review approval. I ary#72972 a -3- IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII O�l5Bof ie�saa Exhibit 27, The Property is in violation of Palm Springs Zoning Code section 94,05,03,subsection P (a copy of which is attached hereto). Specifically: a. 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. 28. The Property is in violation of Palm Springs Zoning Code section 93.06.00(a copy of which is attached hereto). Specifically: ' a. The parking lots and roads lack adequate road surface,striping,landscape and lighting. 29. The Property is in violation of Palm Springs Zoning Code section 93.07.02(a copy of which is attached hereto). Specifically,the trash enclosures do not meet the demands of the Property and standards under section 93.07.02,subsection A. 30. The Property is in violation of Palm Springs Municipal Code section 11.72.160, Deteriorating and Defective Structures(a copy of which is attached hereto). Specifically, there are deteriorated and defective structures throughout the entire Property. 31. 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. 32. The Property is in violation of Palm Springs Municipal Code section 11.72.100,wlrich states that any violation of the Uniform Housing Code,as amended,is a public nuisance. UNIFORM BUILDING CODE VIOLATIONS 33. The Property has been declared an unsafe building and structure pursuant to section 102 of the Uniform Building Code. 34. The Property is in violation of section 106 of the Uniform Building Code in that permits are required for all work done on the Property and no such permits have been obtained from the City. 35. The Property is in violation of section 3402 of the Uniform 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. 36. The Property is in violation of sections 419 and 421 of the Uniform Building Code in that the pool,pool equipment and pool fencing are not in compliance with required code standards. The property has boon a source of repetitive complaints ftom a variety of neighborhood residents as well as the Palm Springs Police Department. 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. I IIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIil llllllll E525/2 0108 GOA 1 R V d72972 vl _4_ Exhibit 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(30)days from the date of service of this Notice and Order upon you. In the event 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 City,demolition proceedings may be initiated by the City. If you fail and/or refuse to comply with this Notice and Order within fifteen(15)days of the expiration of the above-referenced thirty(30)day period,the City may proceed witir the demolition of the building on the Property. If you and/or the other responsible parties fail and/or refuse to comply with this Notice and Order,as set forth above,the City may proceed with the demolition of the building on the Property. CORRECTIVE ACTIONS REQUIRED: (1) Secure all required permits to restore the buildings and structures to a habitable condition,including any required rehabilitation of the entire electrical, mechanical,structural and plumbing systems. Except for clean-up work,no work is to be done until permits have been pulled and plans have been approved by the City of Palm Springs. (2) Ensure that all required inspections are completed and done within the prescribed time frames. (3) Establish an approved development plan program for the City of Palm Springs Planning and Building Department addressing the entire Property,including,but not limited to,all existing or proposed new buildings and structures,landscaping, fencing,trash enclosures,pool,parking,repainting and any other requirements as per City of Palm Springs codes related to the zoning,building,and health and safety issues. You will be required to have professionally developed plans by a licensed architect or by the licensed contractor who will perform the work for all phases of the project. (4) Remedy all fire and safety hazards identified,including,but not limited to,a lack of fire extinguishers,smoke detectors and operable exits. (5) Remove all dead trees,weeds,trash and debris. Also remove all broken and dilapidated mechanical equipment. Remove any discarded items. Cutback all living trees and plants. Board-up all broken windows and secure all open doors. Board-ups are to be painted out to match exterior of buildings. Pool area must be secured at all times,until such repair and approved pool plan is implemented. (6) Architectural Review Approval will be required through the plans approval phase. (7) Plans for property and proposed redevelopment will be required to meet today's code requirements. (8) Reconnect watering irrigation system throughout entire property and maintain all watering systems to trees,plants and grass areas. (9) All work must be completed within a time frame outlined and approved by the City of Palm Springs Planning,Community Preservation and Building Department designee or staff member assigned to the project. F 9a ? esro11 e11111111111 HE 11111111111111111111111111111111 £ eeR RN#72972 vl _5_ Exhibit You and any other responsible parties will be subject to stability 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, aseesfinent, repair, mitigation remedlatton, roinov 1, WhaiiJitAtian,eeewrity,rinraye, trq#9c aantrnl, tow eryJ.rdrniAMf,prAteerfon and othrr consequential direct and indirect costs relating to such abatement, including all 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: $150.00/hour BIGHT 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 ten(10)days from the date of service of the Notice and Order upon you. Failure to appeal will constitute a waiver 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 hereto as Exhibit`B." Please direct your appeal to: Board of Appeals,City of Palm Springs Building Division,P.O.Box 2743,Pahn Springs,California,92263,(760)323-8245. Pursuant to Revenue and Taxation Code sections 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 year 2001. If you would like to make arrangements for an acceptable schedule of repairs,please contact Dirk Voss at(760)322-8364,ex^t.8716,within the above-referenced time period. DATED this day of I' I p ,2001. Girss Sr.Community Preservation Officer &P� /ZL,14� Doug as E6AAns Director of Planning and Building 1� 12—C)P�_Posted on Property. r IIIII HE 11111111111111111111111111111111 os she of'11 eaLaoR I , ary s72972 A _6_ Exhibit LEGAL DESCRIPTION PARCEL I: ALL THAT PORTION OF LOT 36 OF SECTION 23,TOWNSHIP 4 SOUTH,RANGE 4 EAST,SAN BERNARDINO BASE AND MERIDIAN,AS SHOWN ON MAP OF PALM VALLEY COLONY LANDS ON FILE IN BOOK 14 PAGE(S)652 OF MAPS,RECORDS OF SAN DIEGO COUNTY,CALIFORNIA,DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEASTERLY CORNER OF SAID LOT 36; THENCE ALONG THE EASTERLY LINE OF'SAID LOT 36;NORTH 000 35' 05"EAST, 40.00 FEET TO A POINT IN A LINE PARALLEL WITH AND DISTANT(MEASURED AT RIGHT ANGLES)40.00 FEET FROM THE SOUTHERLY LINE OF SAID LOT 36;SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID PARALLEL LINE,SOUTH 89°50'29"WEST,A DISTANCE OF 310.09 FEET; THENCE NORTH 000 01'29"EAST,A DISTANCE OF 306.18 FEET; THENCE NORTH 890 50'29"EAST,A DISTANCE OF 8.59 FEET; THENCE NORTH 000 36' 32"EAST,A DISTANCE OF 378.23 FEET TO THE BEGINNING OF A TANGENT CURVE,CONCAVE SOUTHEASTERLY,AND HAVING A RADIUS OF 95.50 FEET; THENCE NORTHEASTERLY,ALONG SAID CURVE,THROUGH A CENTRAL ANGLE OF 290 28' 55",A DISTANCE OF 49.14 FEET TO THE BEGINNING OF A REVERSE CURVE,CONCAVE WESTERLY,AND HAVING A RADIUS OF 136.50 FEET; THENCE ALONG SAID CURVE,NORTHERLY,THROUGH A CENTRAL ANGLE OF 13° 08' 19",AND A LENGTH OF 31.30 FEET; THENCE RADIAL NORTH 730 02'52"WEST,A DISTANCE OF 19.52 FEET TO A POINT, AND THE BEGINNING OF A NON-TANGENT CURVE,CONCAVE WESTERLY,AND HAVING A RADIUS OF 116.98 FEET(A RADIAL BEARING PASSES THROUGH SAID POINT BEARS NORTH 73°02' 52"WEST); THENCE ALONG SAID CURVE,NORTHERLY,THROUGH A CENTRAL ANGLE OF 45° 49'41",AND A LENGTH OF 93.57 FEET TO THE BEGINNING OF A TANGENT REVERSE CURVE,CONCAVE EASTERLY,AND HAVING A RADIUS OF 103.52 FEET; THENCE NORTHERLY,ALONG SAID CURVE,THROUGH A CENTRAL ANGLE OF 50° 02'33",AND A LENGTH OF 90.42 FEET; THENCE TANGENT TO LAST MENTIONED CURVE,NORTH 21° 10'00"EAST,A DISTANCE OF 0.37 FEET TO A POINT IN THE SOUTHERLY LINE OF TRACT NO.4473, AS SHOWN BY MAP ON FILE IN BOOK 72 PAGE(S)85 AND 86 OF MAPS,RECORDS OF RIVERSIDE COUNTY,CALIFORNIA; THENCE ALONG THE SOUTHERLY LINE OF SAID TRACT NO.4473,NORTH 21° 10' 00"EAST,26.29 FEET,AND SOUTH 89°24'55"EAST,270.34 FEET TO THE SOUTHEAST CORNER OF SAID TRACT NO.4473;SAID POINT BEING IN THE WESTERLY LINE OF A PARCEL CONVEYED TO ALODEX CORPORATION,BY DEED RECORDED OCTOBER 15, 1971 AS INSTRUMENT NO. 117633 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY,CALIFORNIA; THENCE ALONG THE WESTERLY LINE OF SAID DEED,SOUTH 00°35'05"WEST,A DISTANCE OF 10.29 FEET TO THE SOUTHERLY LINE OF SAID DEED; THENCE ALONG THE SOUTHERLY LINE OF SAID DEED,NORTH 89°51' 39"EAST,A DISTANCE OF 36.00 FEET TO A POINT IN THE EASTERLY LINE OF SAID LOT 36; THENCE ALONG SAID EASTERLY LINE,SOUTH 00°35' 05"WEST,A DISTANCE OF 954.47 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 2: ALL THAT PORTION OF LOT 36 OF PALM VALLEY COLONY LANDS,OF SECTION 23, TOWNSHIP 4 SOUTH,RANGE 4 EAST,SAN BERNARDINO BASE AND MERIDIAN,AS SHOWN BY MAP ON FILE IN BOOK 14 PAGE(S)652 OF MAPS,RECORDS OF SAN DIEGO COUNTY,CALIFORNIA,LYING SOUTH OF THE SOUTH LINE OF TRACT NO. 4441,AS SHOWN BY MAP ON FILE IN BOOK 77 PAGE(S)99 AND 100 OF MAPS, RECORDS OF RIVERSIDE COUNTY,CALIFORNIA,AND LYING WEST OF THE WEST LINE OF PARCEL 1,REFERRED TO ABOVE; EXCEPTING THEREFROM ALL THAT PORTION LYING WITHIN STATE HIGHWAY 111. IIIIII IIIIII III IIIII III IIIIII IIIIII III IIIII IIII IIII 0i 20 5,2FBf4088008 e V#72972 vl EXHIBIT"A" Exhibit 1997 Uniform Housing Code Chapter 12-Appeal Section 1201-General 12.01.1 Form of Appeal. Any person entitled to service under Section 1101.3 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 declaratiort.tinder penalty of perjury)of at least one appellant as to the truth of the matters stated in appeal. 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 ord'bred 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. I „ 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 hoard. Such date shall be not less than 10 days nor more than 60 days from the date 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. 1111111111111111111111111111111111111111111111111111111 es,6e Its P06 119EF RIV k72G82 vl .� EXHIBIT"B" txhibk 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. IIIIIIIIIIIII11111 PIN111111111111111111111111111l o=,A© ONaNe8NNFl I !� RIV 972682 vl FUMMIT"B" RESOLUTION NO. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, FINDING AND DECLARING THE 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 Superior Court, 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 Ownerfailed 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 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 of the 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-'11CW� 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 ventilation, 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 material and deterioration, in violation of section 1001.3.6 of the Code. ' cows 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, haveequipment,combustible waste and vegetation 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, in 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; 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; j. 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 94.05.03, 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. I I CC 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 equipment and pool fencing are not in compliance with 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.) 1 �� 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 subject to abatement under Health and Safety Code section 17980(b)and Palm Springs Municipal Code Chapter 8.12. Section 6. Health and Safety Code section 17980(b) requires that when a building is found to be substandard, the enforcement agency shall commence with proceedings to abate the violation by repair, rehabilitation, vacation or demolition of the building. The owner shall have the choice of repairing or demolishing the building, but the enforcement agency may require vacation and demolition if the owner fails to make a timely choice. Section 7. Uniform Housing Code section 202 states that when a building, or portion thereof, is found to be substandard,the building, or portion thereof, shall be abated by repair,rehabilitation,demolition or removal in accordance with the procedures set forth in the Uniform Housing Code. 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 order to 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. I 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 day of September, 2001. AYES: NOES: ABSENT: ABSTAIN: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA CITY CLERK CITY MANAGER REVIEWED AND APPROVED: �°