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HomeMy WebLinkAbout22337 - RESOLUTIONS - 9/17/2008 RESOLUTION NO. 22337 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, FINDING THAT CERTAIN BUILDING LOCATED AT 1507 EAST SAN JACINTO WAY, PALM SPRINGS, CALIFORNIA, APN 507-246-004, IS SUBSTANDARD AND A NUISANCE PURSUANT TO THE CALIFORNIA HEALTH AND SAFETY CODE CALIFORNIA CODE OF REGULATIONS, UNIFORM HOUSING CODE AND PALM SPRINGS MUNICIPAL CODE AND ORDERING THAT CERTAIN BUILDING LOCATED AT 1507 EAST SAN JACINTO WAY, PALM SPRINGS, CALIFORNIA, TO BE REPAIRED, ABATED OR DEMOLISHED. WHEREAS, The City Council for the City of Palm Springs is charged with protecting the life, limb, health, property, safety and welfare of its residents; WHEREAS, California Health and Safety Code section 17920.3 and Uniform Housing Code section 1001 et seq. (as adopted by Palm Springs Municipal Code section 8.04.035) set forth conditions which make a building substandard; WHEREAS, California Health and Safety Code section 17980.8 allows the City of Palm Springs, as an enforcement agency, following a determination that an unsafe or substandard condition exists in any building that endangers the life, limb, health, property, safety or welfare of the public or the occupants thereof in an administrative proceeding, the City may abate the nuisance as provided by law, subject only to the exclusive remedy of the owner to challenge the administrative determination pursuant to Section 1094.5 of the Code of Civil Procedure. WHEREAS, California Health and Safety Code section 17980.10 allows the City of Palm Springs, as an enforcement agency, to declare any dwelling a nuisance and, using the notice requirements and procedures specified in Subchapter 1, commencing with Section 1, of Chapter 1 of Part 1 of Title 25 of the California Code of Regulations, to confirm the declaration by resolution of this City Council and thereby be deemed to have acquired jurisdiction to abate the nuisance by repairing or causing to have repairs made to the property, by razing or removing the dwelling or in any other way causing the nuisance to be abated; WHEREAS, California Health and Safety Code sections 17982 and 17983 allows the City of Palm Springs, as an enforcement agency, to apply to the superior court for an order and the superior court to make an order authorizing the City of Palm Springs to remove any violation or abate any nuisance if any notice or order issued by the City of Palm Springs has not been complied with within a reasonable time as specified in such notice or order; Resolution No. 22337 Page 2 WHEREAS, California Health and Safety Code section 17980(a) provides that if any building is in violation of any notice and order that gives a reasonable time to correct that violation issued by an enforcement agency, the enforcement agency shall, after 30 days' notice to abate the nuisance or violation, institute any appropriate action or proceeding to correct or abate the violation or nuisance; WHEREAS, California Health and Safety Code section 17980(b) provides that whenever the enforcement agency has inspected any building and has determined that the building is a substandard building, the enforcement agency shall commence proceedings to abate the violation by repair, rehabilitation, vacation, or demolition of the building and further, should the owner not make a timely choice to repair or demolish the building and/or not complete the required work within a reasonable time period, the enforcement agency may itself repair or demolish the building, provided the enforcement agency gives preference to the repair of the building whenever it is economically feasible to do so without having to repair more than 75 percent of the dwelling, as determined by the enforcement agency, and shall give full consideration to the needs for the housing expressed in the City's housing element; WHEREAS, Section 64 of Title 25 of the California Code of Regulations provides that any owner or other interested person having any objections, or feeling aggrieved at any proceedings taken by the City Council of the City of Palm Springs in ordering the abatement of the substandard conditions and nuisances found at the Property, must bring an action in a court of competent jurisdiction within 30 days after the date of posting on the Property a notice of the passage of this Resolution declaring the substandard conditions and nuisances to exists to contest the validity of any proceedings leading up to and including the adoption of this Resolution; otherwise all objections will be deemed to have been waived,- WHEREAS, Section 66 of Title 25 of the California Code of Regulations provides that 30 days after the posting of a copy of this Resolution declaring the building substandard and the Property a nuisance, the City shall be deemed to have acquired jurisdiction to abate such substandard conditions and nuisances by razing or removing the building, unless the substandard conditions and nuisances are abated by the owner or other person interested within the 30 day period or any extension thereof granted. In the event the substandard conditions and nuisances are not abated within the time prescribed, the City may thereupon raze and remove the building so declared to be substandard and to constitute a nuisance or have the same done under the City's direction and supervision; WHEREAS, Alejo Rodriguez, an unmarried man (hereinafter "Rodriguez"), acquired title the property located at 1507 East San Jacinto Way, Palm Springs, California, described as Assessor Parcel Number 507-246-004 (hereinafter the "Property") via a Grant Deed and Quitclaim Deed recorded in the Official Records of the County of Riverside under document numbers 2006-0404252 and 2006-0404251 respectively on June 2, 2006; Resolution No. 22337 Page 3 WHEREAS, Rodriguez executed a Deed of Trust for $359,920.00 as the "Trustor" and "Borrower" and named BNC Mortgage, Inc., a Delaware corporation, as the "Lender," T.D. Service Company as the "Trustee" and Mortgage Electronic Registration Systems, Inc., a Delaware corporation (hereinafter "MERS"), as a beneficiary under the Deed of Trust which was recorded in the Official Records of the County of Riverside under document number 2006-0404253; WHEREAS, Rodriguez executed a second Deed of Trust for $89,980.00 as the "Trustor" and "Borrower" and named Lehman Brothers Bank, FSB as the "Lender," T.D. Service Company as the "Trustee" and MERS as a beneficiary under the Deed of Trust which was recorded in the Official Records of the County of Riverside under document number 2006-0404254; WHEREAS, the residential building on the Property caught fire on July 10, 2006 which required the Palm Springs Fire Department to respond and request mutual aid from the Cathedral City Fire Department and the California Department of Forestry and Fire Protection to extinguish the residential structure fire and the Palm Springs Fire Department estimated value of the loss to the residential structure at $100,000.00; WHEREAS, Rodriguez executed a Deed of Trust and Assignment of Rents for $72,000.00 as the "Trustor" and named Robert Thomas of Mira Loma, California as the "Beneficiary" and Commonwealth Land Title Company, a California corporation, as the "Trustee" under the Deed of Trust and Assignment of Rents which was recorded in the Official Records of the County of Riverside under document number 2007-0063425; WHEREAS, a Notice of Default and Election to Sell Under Deed of Trust was recorded in the Official Records of the County of Riverside under document number 2007- 0457121, which named First American Loanstar Trustee Service as the agent for the beneficiary under the Deed of Trust recorded under document number 2006-0404253; WHEREAS, an Assignment of Deed of Trust was recorded in the Official Records of the County of Riverside under document number 2007-0627810, in which MERS assigned their interest in the Deed of Trust recorded under document number 2006-0404253 to U.S. Bank National Association, as Trustee for the Structured Asset Investment Loan Trust, 2006-BNC3; WHEREAS, a Notice of Trustee's Sale was recorded in the Official Records of the County of Riverside under document number 2007-0662813 which set the first Trustee's Sale date for January 7, 2008; WHEREAS, for reasons unknown to the City of Palm Springs the Trustee's Sale for the Property was continued from January 7, 2008 to March 7, 2008, then to May 6, 2008, and then to August 6, 2008; WHEREAS, the City of Palm Springs issued a "Notice and Order Concerning a Substandard and dangerous Building and Order to Vacate" on August 23, 2007 which Resolution No 22337 Page 4 was recorded in the Official Records of the County of Riverside under document number 2007-0585180, posted on the Property and mailed by registered mail, postage prepaid, return receipt requested to the individuals and corporations listed thereon; WHEREAS, the City of Palm Springs issued a "Second and Final Notice and Order Concerning a Substandard and Dangerous Building and Order to Vacate" on August 1, 2008; WHEREAS, the City of Palm Springs issued a "Notice to Abate Nuisance" pursuant to Section 60 of Title 25 of the California Code of Regulations on August 1, 2008; WHEREAS, the City of Palm Springs posted the "Second and Final Notice and Order Concerning a Substandard and Dangerous Building and Order to Vacate" and the "Notice to Abate Nuisance" on the Property on August 1, 2008; WHEREAS, the City of Palm Springs mailed a copy of the "Second and Final Notice and Order Concerning a Substandard and Dangerous Building and Order to Vacate" and the "Notice to Abate Nuisance" by registered mail, postage prepaid, return receipt requested and via first class mail, postage prepaid as indicated in the Affidavits of Nadine Fieger and Kathie Hart which were attached to the City Council Staff Report; WHEREAS, the City Council of the City of Palm Springs has conducted an administrative hearing pursuant to Title 25 of the California Code of Regulations, section 62, and California Health and Safety Code section 17980.8 and 17980.10; WHEREAS, the City Council has carefully reviewed and considered the Statement of Terry Tatum and all attached exhibits thereto; WHEREAS, the City Council has carefully reviewed and considered the Statement of Nadine Fieger and all attached exhibits and photos thereto; WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the hearing on this matter, including, but not limited to, the staff report, all attachments thereto, all photos and exhibits, and all written and oral testimony presented. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE, FIND AND ORDER AS FOLLOWS: Section 1: The City Council finds: 1. The above recitals are true and correct. 2. The Statement of Nadine Fieger and the Statement of Terry Tatum are true and correct. Resolution No. 22337 Page 5 3. The condition of the building on the Property endangers the life, limb, health, property, safety and welfare of the public and any occupants thereof. 4. The building on the Property is in violation of the California Health and Safety Code and the Uniform Housing Code as set forth and listed in the Statement of Nadine Fieger and Statement of Terry Tatum. 5. The building located on the Property is a substandard building and a nuisance based upon the condition of the building being in violation of the California Health and Safety Code, the Uniform Housing Code and that it endangers the life, limb, health, property, safety and welfare of the public and any occupants thereof. 6. The substandard building conditions found at the Property would require repair to more than 75 percent of the dwelling thereon, specifically, the substandard conditions would require repair to 75 to 80 percent of the building. 7. The estimated costs to repair and/or rehabilitate the building on the Property to be approximately $160,000.00 based upon the estimated fire damage of $100,000,00 and the average costs of six recently completed remodels to similar properties located in the area as set forth in the Statement of Terry Tatum. S. The estimated costs to demolish the building on the Property is not less than $3,500.00 and not more than $5,000.00. 9. It has carefully reviewed and fully considered to the needs for the housing expressed in the City's housing element. 10. It is not economically feasible to repair, reconstruct and/or rehabilitate the building on the Property. Section 2- The City Council Orders that any owner or other interested person and/or corporation or other legal entity shall abate the substandard building conditions and nuisances found at the Property by having said building properly reconstructed or repaired, or having the same razed or removed within 30 days after the date of posting on the Property a notice of passage of this Resolution Section 3: The City Council hereby provides notice to any owner or other interested person and/or corporation or other legal entity that should the substandard building conditions and nuisances found at the Property not be abated as required by this Resolution, said building will be razed or removed by the City of Palm Springs, or any contractors employed by the City of Palm Spring, and the expense thereof made a lien on the lot or parcel of land upon which said building is located. Resolution No. 22337 Page 6 Section 4: The City Council Orders that if, after 30 days of the posting of copies of this Resolution on the Property and any extension thereof granted by this City Council, the substandard building conditions and nuisances found at the Property have not been abated by any owner or other interested person and/or corporation or other legal entity, the City of Palm Springs shall be deemed to have acquired jurisdiction to abate such substandard building conditions and nuisances found at the Property by razing, removing and/or demolishing the building. Section 5: Should the substandard building conditions and nuisances found at the Property not be abated within the time frame provided in Section 4 above, the City Council hereby authorizes the City Manager, or his or her designee, to thereupon raze, remove and demolish the building located on the Property or have the same done under their direction and supervision by City staff and/or contractors. Section 6- The Building Official, or his or her designee is directed to immediately post a copy of this Resolution on the building and mail another copy by registered mail, postage prepaid, return receipt requested, to the person owning the land on which the building is located as such person's name and address appear on the last equalized assessment roll or as known to the City Clerk, and a copy of this Resolution shall be mailed to each mortgagee or beneficiary, and if such address is unknown to the City, then said fact shall be stated in said copy so mailed and it shall be addressed to him at the county seat of the county where the property is situated. Furthermore, the officer or employee of the City, upon giving notice as aforesaid, shall file an affidavit thereof with the City Clerk certifying the time and the manner in which the notice was given along with any receipt card returned in acknowledgment of the receipt of the notice by registered mail. The Failure of any owner or other person to receive the notice, shall not affect in any manner the validity of any proceedings or actions taken pursuant to this Resolution. Section 7: The City Council may grant an extension of time to abate the substandard conditions and nuisances found at the Property, upon written application, where the extension of time is deemed justifiable upon good cause therefore being shown. Section 8: The City Council hereby directs the City Manager, or his or her designee, to keep a statement of expenses for all costs, including attorneys' fees, incurred by the City of Palm Springs in obtaining the abatement of the substandard building conditions and nuisances found at the Property, whether the abatement is performed by any owner, other interested person and/or corporation or other legal entity, City staff or/and contractors, and return to this City Council for a hearing on the statement of expenses pursuant to Section 70 of Title 25 of the California Code of Regulations. Section 9: The City Clerk shall attest to the adoption and execution of this Resolution and cause the same to be maintained in the permanent records of the City. Resolution No. 22337 Page 7 ADOPTED THIS 17" day of September, 2008, ATTEST: David H. Ready, Ci ager ames Thompson, City Clerk Review d Approved as to Form. Dougla C. Holland, City Attorney CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 22337 is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on the 17t" day of September, 2008, by the following vote: AYES: Councilmember Hutcheson, Councilmember Mills, Councilmember Weigel, Mayor Pro Tern Foat, and Mayor Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. James Thompson, City Clerk City of Palm Springs, California