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A4385 - DESERT MOON PUBLIC NUISANCE 2150 NPC
. Desert Moon �+ 2150 N. Palm Canyon AGREEMENT #4385 M06892, 7-18-01 AGREEMENT REGARDING 2150 NORTH PALM CANYON DRIVE This AGREEMENT REGARDING 2150 NORTH PALM CANYON DRIVE ("Agreement") is made and entered into this 1�ay of July 2001, by and between the CITY OF PALM SPRINGS, a California municipal corporation ("City"), on the one hand, and JOSE E. GUERRERO, the record owner, and BARTON CHARLES ADRIAN and DEBORAH JO ADRIAN, the trust deed beneficiaries, (collectively "Owners") on the other hand. RECITALS A. Jose E. Guerrero is the owner and Barton Charles Adrian and Deborah Jo Adrian are the trust deed beneficiaries of that certain real property located in City of Palm Springs, County of Riverside, State of California, which is commonly known as 2150 North Palm Canyon Drive, Palm Springs, California(the "Property"). B. On March 11, 1997, City issued a Notice and Order concerning a Dangerous Building to the Baers, who were the owners of the Property at that time, a copy of which is attached as Exhibit "A" hereto. The Baers failed to comply with the March 11, 1997,Notice and Order. C. Jose E. Guerrero purchased the Property in May 1998 at which time Barton Charles Adrian and Deborah Jo Adrian acquired a beneficial interest in the trust deed recorded against the Property. As of May 1998, Owners had record notice of the persistent code violations at the Property, based on the three notices describing the violations the City recorded with the Riverside Recorder's Office against the Property. D. After Owners failed to abate the violations, in June 1998, City issued a Notice to Abate Nuisance to Owners, a copy of which is attached as Exhibit "B" hereto. Pursuant to the June 1998 Notice, City held a hearing in July 1998 to show cause why the structures on the Property should not be condemned as a public nuisance and abated by restructuring, repairing or razing and removing same. At the July 1998 hearing, after reviewing all evidence and hearing all testimony on the matter, the City Council of the City adopted Resolution No. 19330, declaring the structures on the Property to be substandard and a public nuisance, as defined in Health and Safety Code Section 17920, Section 202 of the Uniform Housing Code ("UHC"), Chapter 302 of the Uniform Code for the Abatement of Dangerous Buildings (the "UCADB") and sections 11.72.090 and 11.72.160 of the Palm Springs Municipal Code ("Municipal Code"). Resolution No. 19330, a copy of which is attached as Exhibit "C" hereto, sets forth at Section No. 2, the specific conditions on the Property which are in violation of the Health and Safety Code, the UHC, the UCADB, the Municipal Code, and the Palm Springs Zoning Ordinance (collectively the "Conditions"), and required Owners to abate the Conditions through demolition or repair within thirty (30) days of the date the Resolution was posted on the Property. E. The Property was not brought into compliance with the law within the 30-day period required under Resolution No. 19330, and the Property remained in a state of disrepair and a public nuisance. IRV H 12406 v4 _]_ F. In June 1999, City issued a new Notice and Order re Demolition, a copy of which is attached as Exhibit "D" hereto. This notice reflected the prior notice of June 1998 by setting forth the specific corrective actions necessary to bring the Property into compliance with the law. Again, Owners took no corrective actions in response to such Notice and Order. G. In August 1999, City issued a Notice to Abate Nuisance to Owners, a copy of which is attached as Exhibit "E" hereto. This Notice to Abate Nuisance set a hearing on October 6, 1999 to show cause why the building on the Property should not be condemned as a public nuisance and abated by restructuring, repairing or razing and removing same. At this hearing, City Council received evidence concerning the numerous, persistent Health and Safety Code and Municipal Code violations, and thereafter unanimously adopted Resolution No. 19660, a copy of which is attached as Exhibit "F" hereto, finding and declaring the building located on the Property to be a public nuisance, and ordering abatement of the nuisance. Resolution No. 19660 gave Owners 30 days from the date of posting the Resolution on the Property to either reconstruct or repair the structures on the Property, or have them razed and removed. H. The Property was not brought into compliance with the law within the 30-day period as required under Resolution No. 19660, and the Property remains in a state of disrepair and a public nuisance. I. On November 10, 1999, City filed a complaint to enjoin the violations on the Property, declare the Property a public nuisance, and authorize abatement by demolition of the structures thereon. On February 8, 2000, the trial court heard argument and entered its order finding that City complied with all the procedural requirements necessary to abate the public nuisance by demolition, and that Owners failed to timely challenge the decision by filing a writ of administrative mandamus. J. Owners appealed the trial court's order. The Court of Appeal, Division Two of the Fourth District held that the trial court did not err in authorizing City to demolish the building, and denied Owners' petition for writ of mandate based on Owners' failure to timely challenge the decision by the City Council under Resolution No. 19660. Accordingly, City has the right to demolish the building. K. Owners have requested City to temporarily stay demolition of the structures located on the Property so that they may rehabilitate the Property according to the plans and specifications to be approved by City and within the time frames set forth in the Schedule of Performance attached hereto. L. City and Owners further desire to enter into this Agreement to ensure that all Rehabilitation Work to the Property covered by this Agreement will be completed in the mamier and within the time frame set forth herein and that the Rehabilitation Work shall comply with all provisions of the Municipal Code, including any and all codes adopted therein. COVENANTS Based on the foregoing Recitals, and for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: IRV#12406 v4 _2_ r � � • SECTION 1. OWNERS' OBLIGATIONS. 1.1 Within the times specified in the Schedule of Performance, attached as Exhibit "G" hereto, Owners shall, at their own cost and expense, perform or cause to be performed all tasks necessary for and appurtenant to the completion of the Rehabilitation Work. The Rehabilitation Work includes: (a) all repair work required by Resolution No. 19660 (Exhibit "F"), and (b) all rehabilitation work necessary pursuant to the development approvals and building permits that may be issued by City within the time set forth in the Schedule of Performance. Owners agree to perform all Rehabilitation Work to City's satisfaction. The times for completion of each obligation, as set forth in Exhibit "G," may only be extended in the event of force majeure (as provided in Subsection 1.8 below) or by mutual consent of the parties. 1.2 Owners agree that they shall perform the Rehabilitation Work subject to City's inspection and approval. Accordingly, Owners shall grant to City permission to enter upon the Property at any time to inspect the Property and determine compliance with this Agreement and all applicable laws and regulations, and perform any work pursuant to Section 3.2(a) below. 1.3 Concurrently with the execution of this Agreement, Owners shall provide City with a letter of credit payable to City payable upon Owners' breach of this Agreement for sixty- thousand dollars ($60,000) to cover City's anticipated costs of demolition. Should City's actual demolition costs exceed the amount of the deposit, Owners shall pay City any such excess amount upon City's demand and written proof of such additional costs. Should Owners complete the Rehabilitation Work to City's satisfaction and City does not incur any demolition costs, the letter of credit shall be cancelled within thirty (30) days after City's issuance of a Certificate of Occupancy for the structures at the Property. 1.4 Before commencing construction, Owners shall install and maintain a fence surrounding the Property, subject to the City Planning Director's approval, as reasonably adequate to protect construction personnel and equipment on the Property, and prevent entry on the Property by children, vagrants, vandals, and other unauthorized persons during the Rehabilitation Work. Owners shall further provide security at the Property during the Rehabilitation Work in a manner approved by the City Planning Director. 1.5 Concurrently with the execution of this Agreement, Owners shall pay to City the sum of Forty-Five Thousand Dollars ($45,000.00) for fees and costs City has incurred and will incur under Municipal Code Sections 11.72.010 et seq., including fees incurred for attorney time and staff time spent inspecting, abating conditions on, and pursuing demolition in connection with the Property and preparing this Agreement. 1.6 Owners shall obtain such licenses, permits, and approvals as may be required by law for the Rehabilitation Work required by this Agreement, including connection to the City's sewer system. Owners are solely obligated to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for Owners to complete the Rehabilitation Work, and shall indemnify, defend and hold harmless City against any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed against City thereunder. IRV 812406 0 _3_ 1.7 The times specified in the Schedule of Performance to perform the Rehabilitation Work shall be extended only for delays due to unforeseeable causes beyond the control and through no fault or negligence of Owners, including acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, and/or acts of any governmental agency, including City, provided Owners, within five (5) days of the commencement of such delay, notify the City Planning Director in writing of the causes of the delay. The delay shall be deemed to have begun on the date of such written notice by Owners. City shall ascertain the facts and the extent of the delay, and extend the time for performing the services for the period of the enforced delay, if such is deemed reasonable. In no event shall Owners be entitled to recover damages against City for any delay in performing any obligations under this Agreement, however caused, Owners' sole remedy being extension of the times specified in Exhibit "G" of this Agreement pursuant to this Section. 1.8 Within five (5) days of the date a permit to rehabilitate the structures as set forth herein is issued to Owners, or within five (5) days of the date Owners secure the services of a licensed contractor to perform the Rehabilitation Work, whichever occurs first, Owners shall deliver to City a copy of any and all insurance policies obtained in connection with the construction project. Owners, or their contractors, at their expense, shall procure any and all insurance policies required by law, including workers compensation insurance, pollution insurance, if such becomes necessary, and will name City, its officers, employees and agents as additional insureds. The policy of comprehensive general liability insurance, to be procured by Owners pursuant to its obligations under this paragraph, shall have a combined single limit of at least $1,000,000. 1.9 During the term of this Agreement, Owners shall not, directly or indirectly, voluntarily, involuntarily or by operation of law, sell, assign, transfer, dispose of, hypothecate, further encumber, enter into an option to sell or lease with option to sell or agree to sell, assign, transfer, dispose of, further encumber, enter into option to sell or lease with option to sell or suffer to exist any other lien against all or any portion of the Property, or any interest therein, then, or at any time thereafter, without the prior, written approval by City, which approval shall be based on such transferee's financial ability to undertake, and express assumption of, the obligations of Owners under this Agreement. An encumbrance for the costs of constricting the Rehabilitation Work shall be excluded from the prohibition under this Section 1.9. 1.10 By execution of this Agreement, Owners stipulate that the Property is currently a public nuisance in violation of the Municipal Code, and that all enforcement proceedings brought by City to date to abate the nuisance and demolish the structure on the Property were reasonable and are valid and any orders and resolutions issued pursuant to such actions are legally binding and enforceable against Owners, except City is required to suspend all demolition proceedings as long as Owners are rehabilitating the Property pursuant to the terms and conditions set forth herein. If Owners are in breach of any term or condition of this Agreement, City shall provide Owners with written notice to cure the breach. Owners shall have ten (10) days after receipt of said written notice to cure any breach. If Owners fail to cure the breach within ten (10) days of the date of such notice, Owners shall be in breach of this Agreement, and City may either demolish the stricture on the Property, without having to proceed pursuant to the demolition procedures set forth in the MLmicipal Code or Health and Safety Code, or perform the IRV#12406 A -4- Rehabilitation Work, using the finds deposited by Owners as set forth in Paragraph 1.3 above. Owners expressly agree to waive any rights that Owners may have under 11.72.220 of the Municipal Code or Health and Safety Code (and the California Code of regulations adopted thereunder), including without limitation, the right to a hearing before the Building Rehabilitation Appeals Board. Owners further release any defenses or claims against City, pursuant to Section 6. 1.11 Owners shall provide City with all applications and materials required pursuant to items nos. 5 and 7 of the Schedule of Performance in a sufficiently timely manner so as to allow City adequate and reasonable time to review and approve such plans. 1.12 Owners hereby warrant that there will be no disposal of asbestos from the Property, or if disposal of asbestos is necessary, shall provide City with the name of the agent authorized by State of California and City laws to perform the asbestos removal and disposal services, location of the disposal site authorized by the State of California and City, and proposed date(s) of the disposal. Owners warrant that any asbestos disposal shall be performed pursuant to all applicable State of California and City disposal laws and regulations, and that the authorized agent to perform the disposal work shall, as a condition precedent to Owners securing the agent's services, maintain a policy of pollution and legal liability insurance, as provided at paragraph 1.9 of this Agreement. 1.13 Owners acknowledge and understand that the Planning Commission and City Council retain any and all discretion to approve, conditionally approve or deny any approval, permit or entitlement requested by owner herernder. Further, nothing herein shall be intended to be any predetermination of approvals by the Planning Commission or City Council concerning any matter herein. Owners agree to re-submit any revisions required or suggested by City to any applications or plans submitted to City to effectuate the Rehabilitation Work. Owner shall provide such revised applications and plans within a reasonable time after receiving City' SECTION 2. CITY'S OBLIGATIONS. 2.1 In consideration of Owners' agreement to perform and pay the costs of the Rehabilitation Work within the times specified in this Agreement, City has agreed to forebear and postpone the demolition of the strictures on the Property and prosecution of all claims and causes of action against Owners regarding the Conditions during such times as Owners are performing their obligations herein. 2.2 City shall assign to Owners any rights it may have against the former owners to recover any fees and costs City has incurred under Section 11.72.010 et sec. of the Municipal Code, including fees for attorney and staff time incurred in inspecting, abating conditions on, and obtaining inspection and demolition warrants in connection with the Property. SECTION 3. DEFAULTS AND REMEDIES. 3.1 If Owners neglect, refuse, or otherwise fail to complete the Rehabilitation Work within the required time periods or otherwise fail to perform satisfactorily any of the provisions of this Agreement, Owners shall be in default. IRV 412406 v4 _5_ r F • • 3.2 In the event of a default and after written notice by City of the default and Owners' failure to completely cure the default within ten (10) days of the date of such notice, City may pursue any or all of the following remedies: (a) City may enter the Property, and perform any necessary work to complete the Rehabilitation Work pursuant to the Municipal Code, or demolish, improve and clean the site at the election of City, using the funds deposited by Owners pursuant to the terms of this Agreement. The City's right to demolish any structure or improvement herein includes City's right to dispose of any or all portions of such demolished structures, equipment, appliances, construction materials or any improvements or materials whatsoever. (b) In the event that a civil proceeding is commenced against Owners, Owners shall pay all City's attorneys' fees, court costs, and other expenses City will have incurred in its attempt to obtain Owners' compliance with the law or this Agreement. 3.3 Owners acknowledge and agree that City, in exercising its rights and remedies, shall not be required to provide any further notices or hearings, or secure any warrants or orders from the Riverside Superior Court, or any other Court, to enter onto the Property to repair or demolish the structures in accordance with City's default remedies herein. 3.4 The foregoing provisions of this Section 3 are not exclusive but are cumulative and in addition to all other rights and remedies available under the law and the exercise of one or more rights and remedies shall not preclude the exercise, at the same or different times, of any other rights or remedies for the same default or any other default. SECTION 4. INSURANCE. Insurance obligations are specified in Section 1.9 above. SECTION 5. INDEMNIFICATION. 5.1 Owners agree to indemnify City, its officers, agents and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities of Owners, their agents, employees, subcontractors, or invitees, provided for herein, or arising from the acts or omissions of Owners hereunder, or arising from Owners' performance of or failure to perform any term, provision, covenant or condition of this Agreement, whether or not there is concurrent passive or active negligence on the part of City, its officers, agents or employees but excluding such claims or liabilities arising from the sole negligence or willful misconduct of City, its officers, agents or employees, who are directly responsible to City, and in connection therewith: (a) Owners will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith; and IRV 412406 0 -6- (b) Owners will promptly pay any judgment rendered against City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the performance of or failure to perform such work, operations or activities of Owners hereunder; and Owners agree to save and hold City, its officers, agents, and employees harmless in such action or proceeding, including but not limited to, legal costs and attorney's fees. SECTION 6. RELEASE. 6.1 This release is intended as a release by Owners. No part of this paragraph shall release any rights or obligations of the parties created by this Agreement, or any rights of the parties to bring an action for the breach of this Agreement. Owners, on behalf of themselves, and their representatives, attorneys, successors, and assigns, does hereby release City, City Council members, managers, officials, boards, commissions, employees, attorneys (including but not limited to Burke, Williams & Sorensen, LLP and the attorneys therewith), and other Agency representatives (collectively, the "Released Parties") from any and all claims, actions, causes of action, including, but not limited to, those claims arising out of, based upon, or relating to the facts, allegations, or events set forth in the Recitals herein including, but not limited to, any claims arising out of or in connection with City Council's findings with respect to the Conditions on the Property, the actions previously brought by City to abate the Conditions on the Property, or the actions brought by City to demolish the structure on the Property. Owners agree that it is fully aware of City's abatement proceedings and Owners will bear the risk that the structure will require demolition upon Owners' default as provided in this Agreement. 6.2 Waiver of Civil Code Section 1542: By releasing and forever discharging claims both known and unknown as provided herein, Owners expressly waive any and all rights under California Civil Code Section 1542, which provides: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH IF KNOWN BY IT MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." Owners waive and relinquish any and all rights and benefits which it has or may have under Section 1542 of the Civil Code of the State of California. Owners have performed a full and complete investigation of the facts pertaining to this Agreement. Nevertheless, Owners acknowledge they are aware that they may hereafter discover facts in addition to or different than those which they now know or believe to be true with respect to the claims, allegations, events and facts set forth in the Recitals herein, but it is its intention hereby to fully and finally settle and release any and all matters, disputes, and differences, known or unknown, suspected or unsuspected, which now exist, may exist, or heretofore have existed, as against the Released Parties, and in furtherance of this intention, the release herein given shall be and remain in effect as a fall and complete general release notwithstanding discovery or existence of any such additional or different facts. The parties acknowledge that Owners, by executing this release, are not releasing City from any potential claim for City's breach of its obligations in this Agreement. IRV 412406 v4 -7- SECTION 7. MISCELLANEOUS. 7.1 Attorneys' Fees. If any party to this Agreement is required to initiate or defend any action to enforce the provisions of or remedy the breach of this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, shall be entitled to recover its reasonable attorneys' fees, both at trial and on any appeal and in any administrative proceeding. Attorneys' fees shall include reasonable costs for investigating such action, conducting discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to completion. 7.2 Waiver. No delay or omission in the exercise of any right or remedy by a non- defaulting party shall impair such right or remedy or be construed as a waiver. The consent or waiver of one act or omission shall not be deemed to constitute a consent or waiver of any subsequent act or omission. Any waiver by any party of any default must be in writing. 7.3 Integration; Amendment. This Agreement contains all of the agreements of the parties and cannot be modified, terminated or rescinded, in whole or in part, except by an instrument in writing signed by all parties hereto. No prior oral or written understanding shall be of any force with respect to those matters covered in this Agreement. 7.4 Notice. Any notice to be given under this Agreement shall be in writing and given by personal delivery or by depositing the same in the United States Mail, certified or registered, postage prepaid, to the addresses set forth below, or to such other address as a party may designate from time to time: City: City of Palm Springs Attention: Doug Evans 3200 E. Tahquitz Canyon Way Palm Springs, California 92263 With a Copy to: David J. Aleshire, Esq. Burke Williams & Sorensen, LLP 18301 Von Karman Ave., Suite 1050 Irvine, CA 92612 Owners: Jose E. Guerrero P.O. Box2815 ) 40 S-*rc�jwLOa,nyrpr �� Palm Springs, CA 92263J--5 E-C Barton Charles Adrian 24120 Adams Avenue Murritta, CA 92162 Deborah Jo Adrian 24120 Adams Avenue Murritta, CA 92162 IRV#12406 v4 -g- Notices personally delivered shall be effective upon delivery. Notices delivered by mail, as provided above, shall be effective forty-eight (48) hours after deposit in the mail. If the effective date falls on a holiday or weekend, the effective date shall be the next business day following such holiday or weekend. 7.5 Interpretation and Enforcement; Governing Law. This Agreement shall be construed and interpreted both as to validity and performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted and maintained in the Superior Court of the County of Riverside, State of California, or in any other appropriate court with jurisdiction in such county, and Owners agree to submit to the personal jurisdiction of such court. 7.6 Severability. If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of the Agreement shall continue in full force and effect, unless and to the extent that the rights and obligations of any party would be materially altered or abridged by such interpretation. 7.7 Independent Contractor. Owners and Owners' contractors are and shall at all times remain as to City a wholly independent Contractor. The personnel performing the services tinder this Agreement on behalf of Owners shall at all times be under Owners' exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of City. Contractor shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. 7.8 Continuing Benefit. This Agreement is binding upon and shall inure to the benefit of the parties hereto, their respective agents, employees, representatives, officers, directors, divisions, subsidiaries, affiliates, assigns, heirs, successors in interest and shareholders. IRV k12406 v4 -9- IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the day and year first written above. The "Owners R� C elIL JOSE . GUERRERO Am ilk ARTON CHARLES ADRIAN DEBORAH 10 ADRIAN ATTEST: "City" CITY OF PALM SPRINGS, �\ p� a California municipal corpor / City Clerk U �/ APPROVED AS TO FORM: City ney AW6uGH7'D Bv`" ` ` . Miii°t IRv 02406 va -10- .N OTICE -AND . ORD, ER CONCERNING A DANGEROUS BUILDING Date of I¢auanoer March 11, 1997 File No. 9506-06.01f NOTICE M Blue Dolphin Holding corporation Vishnu Haraj, President 61651 Taentynine Palma Hwy. Joshua Tree CA 92252 Coachella valley FinanainI services Steven G. Hoffman (Registered Agent) 420 S. Pals Canyon Drive Halm Springs CA 92262, Palm Springs Savings Bank FSB 1200 Gene Autry Trail sSuth Pale springs CA 92263-1710 Palm Springs savings Bank FSB 420 S. Palm Canyon Drive Pall Springs CA 92262 CommonwOmIth Land Title 6 Hann Center Plaza 02100 Philadelphia PA 19103-2125 Commonwealth Land Title William F. Bunter (Reg.latered agent) 1055 W. 7th street, suite 315p Los Angeles CA 90017 EXIMIT "A" Notice & ordai' Concerning a Dangerous Building ' Page 2 Eva Antonian 8015 Beverly Blvd, Los Angeles CA 90048 Chicago Title Company Richard H. Klarin (Registered Agent) 1717 Walnut Grave Avenue Rosemead CA 91770 fJ OV/ $CCa S ,gra,5' James Adgar & Beryl Joan Rya ✓ PO Bolt 5979 Yucca Valley CA 92284 General Descriptions bOCOrt Moen 2150 H. Palm Canyon Dr. Palm Springs CA 22262 ("subject Property") Legal Desoription: 1.I0 ,arras H/L in Por SE 1/4 of Sec. 3 T49 R4E Ansessorre Parcel No. 504-270-009 In accordance with chapter 4 of the Uniform Code For the Abatement of Dangerous Buildings (the "Coda") ao adopted and amended by the City Of' Pals springsO Notice is hsreby given .that a DARGIMOUS BUILDING has been determined to exist on the property described • herein by reason of conditions found to render the building dangerous under the provisions of Section 302'of said Code. A copy , Of Section 302 of the code is attached for your reference. The, conditions found to exist are described an follows: UUIFORH CDDB FOR TN8 j1BATBHpHT OF DAUOBROUO 10"yLg use 1. The flooring in all kitchens and bathe is substandard in violation of section 302.2 of the Code. : 2. Thera are broken windows, doors and door jambs constituting an attractive nuisance in violation of Section 302.12 of the Coda. 3. Structural deficianoiea of the subject property are suspected due to broken poets, improper connections, fire damaged framing members, rotted and broken aill pates, possible subetandard installations of supports for evaporative coolers. The foregoing conditions are in violation of section 302.5 of the Code. 4. The patio area and laundry room have been damaged by fire, There are holes in the interior and exterior walls. Plumbing fixturaa are in need of cleaning, repair or replacement, Water heaters are in peed of repair or replacement. There are unparmitted and illegal conversions throughout the Subject Praparty. The. foregoing conditions are in violation of Section 3n2.11 of the Code. S. There are missing electrical fixtures, cover plates, exposed elactrical conductors, improper use of and type of conduit and unsupported or improperly supported conduit. Elactrical panels are in need of repair or replacement. All circuits muat be labeled and dead fronts installed, The evaporative coolers and electrical connections to the coolers are substandard. The pool and pool equipment are not in compliance with current code". smoke detectors are missing. Ventilation and heating systems are not in proper operating condition. The area used to Store combustible or flammable liquids is improperly constructed. The foregoing conditions Ara in violation of section 302,16 of the Cade. 0 ���rA. .rcxc..vvncfonnnrr rtrtru•mrvnn nrvnn nnn awe w.r ..r•r.r r� ,n�in.. 'Notice i order .y . concerning a Dangeroua mudding ' Page 3 The subject Property in also in violation of Palm Springs Zoning Ordinance Section 9315.00; Property Maintenance Standards (a copy Of Which is'attached for your reference) . Specifically., 1. The Subject Property is littered with trash, debris, discarded furniture.end other refuse and waste• 2. The swimming pool is dilapidated. The parking lot is in disrepair and full of potholes and cracks and is improperly marked] There are broken and/or missing windows and docre throughout the building. 3. There are dead, dying and overgYown vegetation throughout the subject property. The Oubject Property is also in violation of palm Springs zoning Ordinance section 9320.10.A.2. Specifically, 1. - The sign is dilapidated and has become hazardoua due to lack of maintenance and non-conforming pole signs arc prohibited. Each and every violation iietad above also constitutes a violation Of Suction 302.13 and 302.17 of the code. The subject Property is also in violation of Palm Springs Municipal Code section 11.72.080 which stakes that any violation of the palm Springs zoning Ordinance is a public nuisance. The property has boon a source of repetitive complaints from a variety of neighborhoad residents as well as the Palm Springs Police Department. Persona responsible for the abatement of a nuisance include every person who, either by his affirmative note or by his omission to diligently, carefully and prudently conduct his affairs or manage bin 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 in suffered to exist. Pursuant to Health Q Safety Code Section 17980(b) , you have the option of either making the necessary repairs to the' building or demolishing the building. Yau 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 aforementioned thirty (30) day period. IC you either 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 Its 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, the mortgagee and/or beneficiary under any deed of trust encumbering the subject property may comply with the• Notice and Order within fifteen (15) days of the expiration of the above-referenced thirty (30) day period. If you and/or the other responsible partial fail and/or refuse to comply with this Notice, and older as get forth above, the City may _proceed with the demolition of the building on the Subject Proporty. CORREQTIVE ACTZON9 REO9TFtED• 1) Secure a permit to restore Structure to habitable condition including Shy requited rehabilitation of electrical, msChanical and plumbing systems. 2) Establish a program acceptable to the department of Notion i order' Concerning a vengerbus Building' Page 4 Planning and Building addressing the continuing exterior maintenance of the property. such a program shall iliclude lnndeoaping, lighting and parking fanilitiea. 3) Ensure required inspections are done. 4 Remove all trash, ubk, debris, furnitura; dead vegetation and other discarded items, 51 Repaint all buildings, walls and fences. (Architectural Approval required) 6) Repair and properly maintain swimming pool and equipment, maintain properly. 7) Repair parking lot per city specifications. (contact Building & Planning for specifications) . 6) prune and trim vegetation. Repair and maintain all irrigation systems. Remeva and replace dead vegetation. 9) Remova sign or replace with, a sign which conforms to current standards. You and any a bar resnonsible rraWpa will be sublact tgllability for I?Avmant. of al]. . costa which the City incurs to in;tiee abatement nrooedurep and-to abate the nuisance:. ine�udinq but not e -costs s act i est4oa ons gems t repa,r mitigation, rein diation remeyal rehabI lit t+on, security �t�reve traffic control law en#r2,rcement protection anQaj-bStE p 3e net a Ct costs inolodlnq 211 administrative and legal fege and cost Current fees for City costa are as follows: • general staff and inspection time - $50.00/hour (1/4 hour minimum.) a city attorney time - $145.00/hour RIGHT or APPEAL: Any person having record title or legal interest In. the building may appeal from the Notice and order or an sotiob of the 'Building Official or designa@ to the Beard of Appeals, provided the appeal is made in writing and is the tarn required by Bection 501.1 of the Uniform Code For The abatement of Dangerous Buildings, and Riled with the Building Official within thirty (50) days gram the date of service of such Notice and Order, provided, however, that if the building or structure in in, ouch condition as to make it immediately dangerous to the life, limb, property or safety of the public or adjaoobt property(s) and is ordered vacated and is posted, ehch appeal shall be filed within io days from the date of service of the Notice and eider upon you. Failure to appeal will constitute a waiver of all right to' an administrative hearing and determination of the matter. Where appropriate, am determined by the City, the City may conduct further procoadingn is Accordance with chapters 11.12 and 2.50 of the Palm 6pringe municipal Code. Processing of the appeal shall be in acoordance with the provisions not forth in the Uniform Code For The Abatement of Dangerous Buildings. A complete text of said code is attached. Pleaeo direct your apraal to: Board of Appeals, city of Palm springs- Building Divis on, PO Box 2743, Palm springo CA 92263 (619) 323- 8242. Pursuant to Revenue and Taxation Code sections 17a74 and 24436.5, a tax deduction any not be allowed for interest, taxes, depreciation, or amortization paid ,or incurred on the subject ' Property in the taxable year 1996. ry n.. \irtf,\fT.nn nrvtlrtli I'T 11 •Tl 1i Hann n(1n CRR 9tl.f nT a'. Tn in9/nn Notice i order'' Concerning a Dangoreuo Building- . page s If you would like to make arrangements for an acceptable schedule .If repairs, please Contact Liosa Reader-McLain or Richard Patenaude at (619) 323-8245 within the albo�nv�e-ref/erenced time period. bAm�7o Chia day of ri%/> , 1997. sea Rde ar- cps n Community Preservation Officer , 'Richard B. Patenaude Planning' Manager ' 3 '11 iM pasted on Property n nn l� Ai4CAiTin O%1CDi{IT'PTT4 .JTNnO n(eP¢ ['nn ¢R¢ \RIJ nT`RT Tn /OO/nn Nation a Order' concerning a Dangerous Building' Page 6 1994 Abatement of bangerous Buildings Chapter 6 . APPEAL general Bee. 50L.1 norm of Appeal. Any person entitled to ser-viae under Section 401.2 may appeal from any notice and order or any action of the building official under thin code by riling 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 notion and order. 4. A brief statement in ordinary and concise language of that speoiflp order or nation protested, together with any material fists claimed to support the contentions of the appellant. S. A brief statement in ordinary and concise language of the relief sought and the reasons why it is claimed the protected order or action should be reversed, modified or otherwise set aside. 6. The signatures of all parties named an appellants and their official nailing addresses. 1. The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal. , The appeal shall be filed within 30 days from the date of the service o£ such order or action of the building official, provided, however, that if the building or structure in in ouch condition an 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 404, such appeal shall be filed within Is days from the date of the service of the notice and order of the building official. 501.2 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. 501.3 scheduling and Noticing Appeal for Bearing. As soon as practicable after receiving the written appeal, the housing advisory and appeals board'eha11 fix a date, time and place for the hearing of the appeal by the board. such date shall he 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. Effect of ]railure to Appeal sea. Sol. Failure of any person to file an appeal in accordance with the provisions of Section 601 shall constitute a Waiver of the right to an administrative hearing and adjudication of the notice and order or to any portion thereof. inn fk AiaCAiaVI.C]OCNNTRR iII'�NiTU nCPP Pnu ¢PR vqS nT'RT Tn /ne /An Notice i order concerning a Dangerous Building Page 7 scope of Hearing on Appeal sea. 503. only those matters or ivauen epenifically raised by . .the appellant shall be considered in the hearing of the appeal, Staying of order of Appeal Sec. so4. Except for vacation orders made pursuant to section 404, enforcement of any notice and order of the building official issued under this code shall be stayed during the pendency of an appeal therefrom which is properly and timely filed. 08/28/01 14.17 FAX 949 803 0550 3—tiE,WI L1._ki t.a xa rs. as. a • � I P 081 858 905 1 James Fdga:&Jieryl Imn&ye Po Jinx 5979 Y Valley CA 92294 �.. fYlYOY .8_. 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' s mrueryue ,_ . c y ru m HIM ��Ea,��s�J o o Ogg © 4 ,. 3ENDER' _. _ _. _ __ I,bi wid,m w0lA.mi - I • .rmpM.Mwl w6brlfxaAWu/a..bc mr0mimrm mtlmPAp -I .cmde.n.nea,n wan - f{ � .�pM1Y.:��vn.tl MGrmia�nixA WkamcEWMta.bLnWa aMbil: i .A�btlm,.9YibmNbM1vA dih.m+� .vm WhtliwxetlowM i.1a Adtlt.✓tiei'.M9ew az l - aWa,'R�vnH.e,�+lAYw.Mrtl'wiwmvq.swwT.ar�.nmbc 2Q RwttlrtldQeIIray 34 f� �d AaalPr.indwrMWve Ytr wM.wa�iwstlnlMa_n Ow@dlP�i Nrmr Na ANdt N¢mbif C Commaan'ealdi Land Title Poo LAN 322 EE WUULMP.Hunter 1055 W 7aL Street,Saito 3150 ¢R.otslinMg ! Lan Angeles CA 90017 ¢seam Idalpm M dins+G oo0 6.AtldnniM'a tl (ONytt�pui.bd y I 5. ,lwme and fii,6Pifd) € t _ PS Fatm 381, mhx159i l]G atum Receipt ` ii • ' . li wB�lUgyd9B9E�S.00mum.aonnarwd ,a, N 3' X `� r roam n o 1 A w . OBl 858 31B_�...__ i y, Caachella' 'Valky pinanaial 5ervelvim ' 5 G.Roffman 420'S Palm Canyon Drive A Palm prings CA 92262 I � Go9Atl Fu �, d 14 m _ vrul..owax,".e .PdaNmNGdYMN7AA /"'�yl?Q ' �'n M1ILfIa1WrYlhim � y S ronu.F�,Arw n ? 9 a ©o Zf � ' L Trnhyoulotwlnyflvum gmal�t 6Yrvlca IL iCmdM.Yrtai[heatreiilwelw�i.a �euv..veW nmrvea�e - I• �ygrM�si.KWN. e.1np'sn6n ryoren . I� e��rfYy�up�N Wiexal�Yrtma.allN.Im.pCe[Xewn eWn Nh .%IIY .N�-ah�,AYMw1.M�wilofb NlP>•�.�a�tl�IEW�MR.�.Bwmt LLl AtltlIWeN-MdA 1„ - Yle4nl.a�:tngaeM!'mN�r.�WoeMenW.eunbt: Z Amklele7Deivenj 0 �r� i� �rMunMWM,M Y�eem MweM eieewd�fnbWurde. Lbnwil pcaMulfufarfm .. Palm Spmfgs SaVbg:Bank RSB 4e Al W numw c 420 S.Palm Canyon Drive 9 W.S MWTyp. E. Palm Sp&ga CA 92262 p Aeplal Md jr[ c4and c 95flb-06.fl1t o Fjg--kM ❑ rn&MW 0 FM n&o*ka6MduMm ❑ DW In LR14 7.DAt.cf OT j" 5�iaFi.d6Y iPK�fN+m./ 9.Ad rP49 m(o,Yynnaw-,rad �g i Slpq�ee:(A .or R s P6FOIma81 ,DenmMrrpd! __ "DomesBcRetam pt P9 Fene89DD,APO 1H95 nm o � m r 111 JIN,:1'S' 9B1TUE1 15''11 CITE bo_PaLM�SPRINGS _ Hinnw6'UC k� n P. �aJ N-f OTICE ' TO ABATE' NUISANCE The owner of the building situated at 2150 N. Palm Canyon, Palm Springs, California is hereby notified to appear before the City Council for the City of Palm Spr(ngs,governing board of the planning and Building department for the City of Palm Springs, at its meeting to be held July 16, 1995, a13200 E. Tahquitz Canyon Way, Paln1 Springs, California In the Council Chambers at the hour of 1:00 o'clock p,m., or as aoen thereafter as he/she may bq 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 repalring said building or by razing or removing same. ❑ated; Cr�SF�Yt' City of Palm Springs Planning and Building Department By, Richard patanaude Planning Manegar 7aY01Yiw'M�o!]n551Y, ,ovILN ,,)MISIT acBa PROOF OF SERVICE BY MAIL STATE OF CALIFORNIA, COUNTY OF ORANGE I am employed by the law office of Rutan & Tucker, LIP in the County of Orange, State of California. I am over the age of 18 and not a party to the above-captioned action. My business address is 611 Anton Boulevard, Suite 1400, Costa Mesa, California 92626. in -the course of my employment with Rutan & Tucker, LLP, I have, through first-hand personal observation, become readily familiar with Rutan & Tucker, LLP's practice for collection and processing of correspondence for mailing with the United States Postal Service. On June 17, 1998, I placed copies of the attached documents entitled: I40TICE TO ABATE NUISANCE in envelopes addressed as set forth below. I then sealed those envelopes and placed them in an out-box for collection by other personnel of Rutan & Tucker, LLP and. for ultimate posting and placement in the United States mail later that same day. If the customary business practices of Rutan & Tucker, LLP with regard to collection 'and processing of correspondence and mailing were followed, and I am confident that they were, those envelopes were posted and placed in the United States mail at costa Mesa, California, that same. day. Jose Guerrero 646 Junipero Avenue Long Beach, CA 90714 Dale A. Eleniak 225 S. Sepulveda Blvd. , Suite 240 Manhattan Beach, CA 90266 Hemet Federal Savings and Loan Association P. O. Box 12006 Hemet, CA 92546-8006 Executed on June 17, 1998, at Costa Mesa, California. [x] (State) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. H (Federal) I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made. J qu ine A. Strain utticer. one of my job duties is to cause the posting of Notices to Abate Nuisance on behalf of the City of Palm Springs. 3. On June 16, 1998, 1 posted a copy of the attached Notice to Abate Nuisance dated June 16, 1998 conspicuously on the property at 2m) N. Palm Canyon Drive, Palm Springs, California. declare under penalty of perjury under the laws of the State of California that the foregoing Is true and correct. Executed this 16th day of June, 1998, at Palm Springs, California, ( e NADINE T. FIEGER D Community Preservation Officer JUN-15-1998 16 16 760 322 0360 96X P,02 n9nfi2. Iirtrv\1rtTnCACiRV rrt.TTu.rnT\Rnrt noon t.nn ni.. ..... .e�.e_ ,JUN_ -116, 98(TURI W11 GITY'OF PALM SPRINGS TELOU 111 9369 1" 002 DECLARATION OF NADINE T. FIP4ER I, Nadine T. Fiegar, declare; 1. The facts set forth below are known personally to me and if called upon I could and would testify thereto. 2. 1 am employed by the City of palm Springs as a Community Preservation Officer, One of my job duties is to cause the posting of Notices to Abate Nuisance on behalf of the City of Palm Springs, 3. On June 16, 1998, 1 posted a copy of the attached Notice to Abate Nuisance dated June 16, 1998 conspicuously on the property at 2150 N. Palm Canyon Drive, Palm Springs. California. I declare under penalty of per]ury under the laws of the State of California that the foregoing Is true and correct. Executed this'16th day of June, 1988, at Palm Springs, California, NADINE T. FIEGER Community Preservation Officer JUN-16-199A 16 16 ` 760 322 8360„ ^"+^ 56X __ PO'u91G4 POSTMARK OR BATE qEg pip w t RQTURN s vyEro AN9� D4W4Pf o•R 590E OF11VEaV Ir SERVICE °Ei+PFKO rE4+PERYW UFE41Pr � �.�$` ,//�\ zzWN lv IOnL POS�IGG NL iFE6 \F4�,,. W K -0 ,n',r aJOSE GOERRMC) 19g8 C; s `�, 646 dUNIPERo AVMM Gi5W5 LONG BEACH, CA 90714 -0 � d �w a� PS FORM SS00 US Postal Service Receipt for R Certified (wail' g J.A, STRAIN : NBWireim 1 snd/or R Icr addldanel w Jc.e I also wish to receive the . 0 I UlowirQ services tfor an extra fee); 1 •PrEd VM soup erd w ani on 419 rtWlaa a Pfu torm to Mat we ran mtv,dds"M I b pv,, 1. (] Addreasae's Address •AItah dtY lam to eta donl&Um MWp'•ce,w ee tlrhxk R.ou:O Gees nm PGr1T➢t. - L Q Restrlcleq Deflvery •Tha Rowe Rculpl W11 N b whdn Bw Grtlde waa deNAW and Me AiG dewcW, Consult postmaster for fee, t 3: to:-s+ na.Article Number a6Si.GUHxEERo "' P 96,S 52S 679 j 64Gai,ONp BEACH, H CA 9071 AVENUE4 '�v_-. 4b.Service Typo � L � ' CER , I 7.Dat f Delive „w I 5.Received By;tPdnt Narne) ddressee's dress t t (ONLY if requested and fee Par , 6.Stgnatu dA'ssea of ant) PSFORM 3811,January 109e A. STRA i NDomestic Return Receipt I I i I rosWE POFMAn OA DATE ' RHaECEI� a�oo`�r ��wD°mEu�rv""'°/ TED / oW ru GERPFIEDfEEiPEi1MN p6CaWT ��� � }� BFAV D CY TT �T TDTAL POaP°ElWOEEGs' ? ZW 0 in N 'DALE A. ELENIAK r'99 225 S. SEPULVEDA BLVD., -Ln A SVYTB 240 A Leo Q- MAMMTTAN BEACH, CA 90266 i w� a PS FORM 3800 US Postal Service Receipt for Certified Mall o a J.A. STRAIT~•! ' �PW Ilemn I and/or t fkr WdldunW=er*gl. t aiao wish to raeBNe the aRi(7,1roar rwro and lddeas an tlw rawrsc of form a°Yw..e mn realm Ihh cent following services(form antra Teel: m yw. i, ❑ Addressee's Address i .Aluch Ilda krm ro e,a M1nni or ue melbkce,w an vs eax n apuedoas nct o=rmla 2. M Raspicted Delivery I •iee Rawl He=V WA Mow b WhM IM W*W was delba'ed ar4 Pe dale d-Ji rw- Cofl9Ult postlnsster fef fee. i a/utk7s aaareeaes ta. 4e.Article Number i nALE A. •BLENTAX P 91,5 5 a S 682 225 S. S$PULVEDA BLVD., SUITE 240 4b.6ervic' e i �;5vv , MAMTTAN BBACE, CA 90266 CERTIFIED .. ' 7.Date of Delivery S.Recelved By.,(Prk#Name) S.Addressee's Address (ONLY if requested and fee paid) 166 ,5 Z— - ©c1 8.91gnature: Addressee or Agent) i l v i II I n ' Ps.FOR 5.1, ,.January d.ge Dozact Return Receipt ,. J.A. STRAIN hepr`a POSTMARK ON RATE o I recmN p ,peep aE uroiEp w RECEIPT � M N �� � W OEWim EE6+Rf7~ECEIFT 6EMk.a :I � TOM PY'GGENlpK25 q���,:•",.• lu SFNT TO: pwuTro — L,irl �l.,. r\Ul I C c 0. g � Bfst4ET FEDERAL 9AVTNGS AND B. 0, Box 120,ATIOST M OA 12006 BEt4$T CA 92546-8006 tr b� rl �� PS FORM 3800 US Pasta+Servfce Receipt for Certified Mail o 6 J.A. STRAIN — SENDER: I also wish to receiva the .comb Imma wdiwz for adjiuwal�a or following services(for an extra Fee): I I Fi1nt your rants ad nndreee w Inc may.e al thL-Ixm ep Nat we een wvn m1E cwd m ya. 1, El Atldreaeee's Address I .Aitadh*A 1c.m 1.Ifs Imnt of NE mNpade,a w Ee beck 4 permit 2. O Restricted Dellvary .IN Actlun FWv pt Mg4how to wlwm IM Wt*wu deMarvd We tlw Me tldFmd, OOnstlt postmaster for fee_ I a.Artlde,Jdldreeaed:lol I 4a Article Number BEMET FEDERAL+ SAVINGS AND p 965 525 681 LOAN ASSOCIATION 4b_Service Type p. '0. BOX 12006 BBMET CA 92546-9006 '•�� CERTIFIED 7.Date of D fv y i 6,Raoelvad 9y.(Print Name) O.Add ee'e dress B (ONLY if requested arxl tam paid.) N amestic Return PA SJ'H. _1,6' 98(TUEI 15! 10 CITY OF PALM SPRINGS TEL-760 322 8360 P. 001 client -L' 3 PAGES TOTAL File _; n c:', 1•.... PAX TO: Jaoqueline Strain, Rutan and Tucker FAX NO: (714)546-9035 FROM: City of Palm Springs Planning Department Phone: (760)323-8245 Fax: (760)322-8360 TODAY'S DATE: Tuesday, 6/16198 RE: Community Preservation Case Number Desert Moon Name/Address: Guererro 2150 N. Palm Canyon Comments: Posted and photographed. Thanks for your help_ Nadine T. Fieger, Community Preservation Officer Supervisor approval, if required JUN—ifi-1999 16+16 759 322 e86a 96i P a A•r-rOg ON 80ULE.LAAo I-ItV HT.L14 �Yr AM' TH W.oOR RUF.1 Krl. C.A1 ozo4 C {f , mea 1b'J:1 MAILINd Ab O1 t1L'6g: Pwt OIDOr sox 10.80. tivwL M�ww..GwlMornlw 9J.92H-1 rJ 60 TELFPHONG': 17141 041- 100 VAC91MI Ez 49141 c .aoaa ((''.�I Onto- July a. T8i18 V1wn r i*f tp:. s 00HO T1tIS 1'IA AN L�-rL,'�L'4[L No... Dell •�M_yr�� 1•�9f C6 v_ -.�.L. TOIOPtiooO rvumber_ �60-i,223•Y1OC l �/)_`1 � ��t. �� Rax File '�_ •��""("' 't'ron�mftlnl From: •IA40UCLANB STRAIN, a.l J4 Paralwpwl Number o{ Papne flnclus$F.1 Co-•rwe1C 2 �! 1 Ooau.nwl-.t TM.: MnILINB IUOT10 I�I'I 1 PU6LIc Nl)ISAMCi � I ' � ' GIIonVMYttnr Number= O14064-00O9 Hard GORY to Follow v:w MAIIC Mwf ww Sjs: N wN�ITY YO W. y� ICY Q /// iWPfiD FOh THC 49F OF TNG 1. .�.,..., h, M*If TH G/,DE( �/YYY��1 ,� /CIS .150 14 T"H,ww Nl fibta. 011lVeal THt Il v / ena"' rm. w YOU w,vq w cvyGP THIN O19Tr4aJTwIJ Y ONM wc+'n • :eLCM�ONL AN6 OE1LnN F OMOI N.A�MdntwOG T[ 4 P� TM.�.NK YOV_ lR xrx.r� rr prn 01��1 J 1 (71&1 041•S1D0, �x:anwlon lass_ 0'4' IoR,T THIS DOCUMENT WAS CONFIRMED (REDUCED SAMPLE ABOVE ** COUNT ** TOTAL PAGES SCANNED 6L�� 5�c� 'a TOTAL PAGES CONFIRMED V�e No. REMOTE STATION ST..RT 'PIMP. IIURATI 1 322U8`lU 7- D-yk1 11:53AM 1 ':: ��OI NOTE! TOTAL 0:01 'L'+ l Nu. ; OPERATION NUMBER 48 : 48008PS SELECTED f'C ION PD PULLED BY REMOTE SF : STORE & FORWARD RI MB = SEW TO MAILBOX PG : POLLING A REMOTE MP IORY DECLARATION OF JACQUELINE A. STRAIN I, Jacqueline A. Strain, declare: 1. The facts set forth below are known personally to me and it called upon could and would testify thereto. 2 . I am a paralegal employed by the law firm of Rutan & Tucker, LLP, city attorneys for City of Palm Springs. 3. On June 17, 1998, 1 mailed a copy of the Notice to Abate Nuisance dated, June 16, 1998 for the property located at 2150 N. Palm Canyon, Palm Springs, California via certified mail, return receipt requested to the property owner, mortgagors and beneficiaries as they appeared on Litigation Guarantee No. 2098000 dated March 18, 1998 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and Correct, Executed this 17th day of June, 1998 , at Costa Mesa, California. 74CQ INE A. STRAIN 7&0I014081-O00913163707, 07109198 I RESOLt7TION N0. 19330 TIM CITY COLNCII, OF Tug CITY OF P.L7M SPRIUrs, "r CALIFOANIA, FnMINO AND DECLARING THE BVILDIN0 AT 2150 N. PALM CANYON TO OB A PIISLIC NUISANCE AND ORD51IN4 THE ABA'1'MMT TBBREOF. WHEREAS, at 2150 N. Palm Canyon is located an abaxidcnad hotel building and is more particularly. described as 1.10 Acres M/L in Par 9B 114 of Sec. 2 T48 PAE, Assessorl6 Parcel No, 504-270-009 in the City of Palm Springa, County of Riverside, State of California (the "subject Property") ; andt pmftgpg, 4n or about December 10, 1056, after obtaiai.ng the writtan consent of the owner of record, the building located at 2150 N. palm Canyon was inspected by City of Palm Springa ("city') Community Preservation officers and Building Inspectors and found to be in a substandard, dangerous and uninhabitable building, in violation of Chapter f of the uniform code for the Abatement of nangerous Buildings, adopted by reference into the Palm springs Municipal code, Section 8.04.0401 and WHEREAS, on March 31, 1997, a Notice and Order Caaaern"U a' Dangerous Building was issued on tho SObjeet Property located at 2150 N. palm canyon as a result of the inspection conducted by City Community preservation officers; and WHEREAS, specific violations found during the December 10, 1996, and subsequent inspections, include, substandard floaring, broken windows, doors and door jambs) structural deficiencies; fire damage . to the patio area and laundry roomy inoperative plumbing fixtures and water heatersy inoperative electrical fixtures; missing smoke detectors, inoperative ventilation and heating systems; improper property maintenance; storage area for combustibla or flammable liquid is improperly constxucted; and I WHMUM, on April 9, 199.E the owner of record appealed the Notice dated March 11, 19971 and WHEREA6, the appeal was heard by the Hoard of Appeals on June 12, 1997 and the Board of Appeals develcped a schedule to enable the owner of record to rehabilitate the property; and WHERFAS, the substandard, dangerous and uninhabitable condition have been left unrepaired or uncorrected far over one year though notice of the conditions was sent to the owner o£ record on March 11, 1997 and the ward of Appeals developed a schedule to enable the owner of record to rehabilitate the property at the June 12, 1997 appeal hearing; and WEZV2 ;, the substandard, dangerous and uninhabitable conditions make the building at 2150 N. Palm Canyon a public nuisance as defined in Health and safety Code section 37920, Uniform Housing Code 5ectipA 202, uniform Coda for the Abatement of Dangeroua . Buildings, Chapter 302 and Palm Springs Municipal Code Sections 11,72,090 and 11,72.160; and WSEREAS, as required by California code of Fagulations, title 25, mection 54, and. Health and Saiaty Code section 17940(b), written notice of tha dangerous conditions and an order to abate the nuisance was mailed to all owners, m4rtgagee5 and trust dead benelioiariea of 2150 Palm Canyon by cartified mail, return receipt requested on March 11, 1997; and �mroyaoyammumea.y mymvae •1• EXHIBIT "C" R19330 Page 2 W MMUS, as required by California code o£ Regulations, title 23, section 60, and Health and Safety Code sactiou 17980(b), written notion, of a public hearing as to why the building should not be Condemned as a public, nuisance and ordered to be abated by raconntructing, repairing, or removing the building was mailed to all owners, morh agues and trust deed bsneficiariea og 2150 N, Palm Canyon by eertilied mail, return receipt requested on .Tune 17, 19961 and W MEAS, the owners, mortgagoear and trust deed beneficiaries have not made any repairs to the building, whioh remains in a substandard, dangerous and Uninhabitable condition] and wflZRMS, a public hearing wan held before the city council on auly 16, 1998, and all intareated parties mere given an opportunity to bo heard regarding the declaration of the building at 23.50 R. palm Canyon as a public nuisance. vOW T$WMFORIR, baeed upon the written documents and oral testimony Presented at the hearing, the City Counoil of the City of palm 5priaga resolves as follows. section 1. The foregoing recitals are true and correct and the City Council no finds and determinea. Section 2. The city Council finds and declarea the following conditions exist at 215o V. Palm Canyon: 1. The flooring in all kitchens and baths in, substandard iu violation of Section 302.2 of the Uniform Code for the Abatement of Dangerous Buildinga (the °code") . 2. There are broken witdows, doors and door jambs constituting an attractive nuisance in violatioa of section 30.2,12 of the Code, 9. structural deficiencies of the subject Proparty are suspected due to broken Posts, improper connections, fire damaged framing mombarm, rotted and broken si11 patea, nosaible substaudard inatallatione of supports for evaporative coolers. The foregoing conditions are in violation of Section 202.9 of the code. 4. The patio area and laundry room have been damaged by fire. There are hales in the interior and exterior walla. Plumbing fixtures are in need of cleaning, repair or replacement. Water heaters are in need of repair or replacement. There are unpermitted and illegel conversions throughout the Subject property. The foregoins conditions are in violation of Section 302.13 of the Code. 5. There aro missing electrical fixtures, cover platen, exposed electrical conductors, improper use of and typo of conduit and unsupported or ,improperly supported conduit. Electrical panels are in need of repair or replacement. All oirouita must be labeled and dead fronts 'IANON0 61-0 0 097J7m16E,1 ap/fml9Y u2- Pape 3 installed. The evaporative coolers and electrical tdnmeationa to the coolers are substandard, The pool and 9001 equipment are %lot in compliance with current codes. Smoke detectors are missing. Ventilation. and heating systems are not in props' operating condition. The area used to store combustible or flammable liquids is improperly constructed. ' The foregoing conditions are in violation of section 302.le of tha Code. 6, The Subject property is littered with trash, debris, discarded furniture& and other refuse sad wasta iz violation of palm Springs Zoning Ordinance eectioa 93109.00 (the MMunicipal Code) , 7_ The swimming pool is dilapidated. The parking lot is in disrepair and full Of potholes and cracks and is improperly marked; there era broken and/or missing windows and doors throughout the building. Tba ferogeinQ conditions are violations of section 9319.00 of the Municipal Code. 8. There are dead, dying and overgrown vegetation throughout the Subj eat Property in violation of section 9319.00 of the. Municipal code, 9. The sign is dilapidated and has become hazardous due to ladk of maintenance and non-conforming pole eigns are prohibited. The foregoing conditions are is violation of section 9320.10,A.2 of the Municipal Code. Section 3. The City council #inds and declares these defects have created conditions of inadequate sanitation, inadequate ventilation, faulty weather protection, and accumulation of debris to an extent that would endanger the health, safety and welfare .of occupants and the public_ Beaauas of these conditions, the City Council finds and dealares the building at 2150 N, palm Canyon to be substandard, dangerous and in violation of wealth and Safety Code Section 17920.3 and Chapter 302 of the uniform Code of the nbatemmt of Dangerous Buildings, adopted by reference into the Palm Springs Municipal Cade, Section 8.04.040. Section 4, The City Council finds and declass that, beoause of t)ia aubstandard, dangerous and uninhabitable conditions created by the inadequate sanitation, inadequate ventilation, faulty weather protection, and accumulation of debria, the building at 2150 N, Palm Canyon is a public nuisance me defined in Health and Safety Code Section 17920, Mdform code for the Abatement of Dangerous Buildings Chapter 202 and Palm Springs Municipal Code Chapter,, 11.72.090 and 11,72.160, as follows. ,rmmwstuPw3icmr�i -3- Ri9330 Page d Anything which is injurious to health, or is indecent or offensive to the senses, or an obstruction free use of c lotnjoym o i terCee with theomfortabe ent of lice or property, which affects at the same time an entire community or neighborhood, (Civ, Code f 3479, 34e , incorporated by seforence into .Health and Safety Coda 8 17320.) All buildings or }portions thereof which are determined after a.nspection by the building official to be danseroum " defined in this code are hereby doolared to be public nuisances and 'aball be abated by repair, rehabilitation, demolition or removal. us Buildinga�de for h pter the Abatement 2imcorpo ated -by ro£erenca into Palm Springs Municipal Code a e_sd.a6c.) A21 such unsafe buildinga, atructuren or appeadages are hereby declared to be public nuisances, (Ctni£orm Building Code i 203, incorporated by reference into Palm springs P1oni-cipal Coda S e.04-n1o) Any violation of the Uniform Euilding Code 69 amended is a public nuisance• (Palm Springs Municipal Code section 11.72,a9o.) Section 5. public nuisances created by aubatandard buildings are subject to ement bj under Health and Safety ode s otY palm springs x=jcipal code Chapter 8.12. Section 9, Health and Safety code section 17580(b) requires that when a building is found to be substandard, the enforcement agency shall commence proceedings to abate the violation by repair, rehabilitation, vacation, or demolition of the building. The &=er shall have the choice of repairing or demoliohing the building, but the antorcetsent agency may require vacation and demolition if the owner fails to make a timely choice. section 7. Uniform limiaing code Section 202 ytatee that when a building or portion therecf, 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 Housing code or such alternate procedure as may haves been or as max be adopted by this jurisdiction. As an alternative, the building official, or other employee or official of this juriudintioa as designated by the governing body, may initiate any other Appropriate action to prevent, restrain, correct or abate the violation, section a. The city Council finds and declares that, aw required by California Code of Regulacicns, title 25, section 54, and Health and Safety Code section 17980(b) , written notice of the uuNwaWt�WOp{Imac.i -4- - R19330 Page 5 substandard conditions and an order to abate the nuisance Was provided to all owners, martgageeA and trust deed benaficiariee of 2150 a. PALM canyon, but those owners, mortgagses, and trust deed beneficiaries failed to raspond ov nako any repairs to the building, Which remains in a substandard Condition. Section 9. r=auant to California Code of Regulatione, title 25, section 62, and Palm springs Munie,ial Code secti.an 11.72.200, the City Counoi? directs the owner of the buildings at' 2150 N, Palm Canyon to abate the nuiaanoe within thirty (30) days after the date of Posting a notice on the Pkoparty of the peonage of this resolution by having the building properly raeonetructed or repaired, or by having the building razed or removed, Section In. The City Connail directs the Building Oflieial and City Attorney to Raak a court order authorizing the demolition of the )nuilding, in accordance with Health and Safety Code section - 11R52, 'if the nuisance 36 not abated within thirty (30) daya after a notice of the passaga of this resolution is pasted on the property. Section 11. In accordanca with Palm Springs Municipal Code section 11..72.350 and California Code of Regulations, Title 25, Section 6e, the city Council directs city staff to maintain an itemized aceuunt of the costs incurred by the City it razing and removing the building, including all admi.nintiative, and legal coats and expenses. The City Is further authorized to proceed pursuant to palm Springs inunivipal Cade section 11.72.265 and Califo=-ma Code of Aegulatioha, title 25, 9act.iorn 701 to establish a lien against the property for reimbursement of the City's reasonable abatement expenses. The owners shall be served with notice of the mate and ahall have the opportunity, pursuant to palm springs Municipal Cade section 11,72,260 and California Code of Regulation, title 29, sections ss and 70, to appear at a hearing and object to the reasonablenese of the costa. ADOPTED tbis 15th th day of aaly, 1999, AYR9x Members Barnes. Hodges. Oden, Reller-Spurgin and Mayor kleindienst NDES% None ASSENT; None ABSTAIN: ATTEST: CITY oP BALM SPRINGS, CALIVORNIA !s/3UOITN SUMIOH /sfROBERT W. FARMS CITY CLERH City Manager RRVItw= a APPROVED a,oro,aas,aoow„m3aa, iZI{�kM=T3TTM7M8ns8r. MMAMROMYOP Rt°BOLRY[ONNu r9xsr, D'UL ADORIGD6YTEM O1TywuNccCPa 4'ETY'Ot`P:3S4SreaD INA TgEBE03'i.:3[SJ a1 c�yE � N�yQJ ATEDAT SP "Cl CyGh7e.'.il' BY,Y OE' aan�yy -' R ; ' DEPDTY SC%RYt OFpllI,M6pN]NG9.CAUtdi�d .. N. -OTiCE ORDE . R . ICE : DEMOLITION Date of Issuance: Sure 25, 1999 File No. 9506-06,01f NOTICE TD: Jose 8. Guerrero 646 Junipero Avenue Long Beach, CA 90814 Barton Charles Adrian 24120 Adams Avenue Murrietta, CA 92562 ' General Description: 2i5D N. Palm Canyon Dx. Palm Springs, CA 92262 ("Subject Property") Legal Description; Assessor's Parcel No. 504-270-009 (See Exhibit "A" attached hereto In accordance with Chapter 4 of the ui:iform Code For the Abatement of Dangerous Buildings (the -Code") as adopted and amended by the city DEC Palm Springs, Notice is hereby given that a 'DANGER01is BUILDING has been determined to exist on the, property described herein by reason of conditions found to. render the huilding dangerous under the provisions of Section 302 of said Code. A copy EXHIBIT «H» Notice & Order Concerning a Dangerous Building Page 2 of Section 302 of the Code is attached for your reference. The conditions found to sxist are described as follows: Dh FORM CODS FOR THE ABA== OF rwQXRODS bIlI SINGS 1. The flooring in all kitchens and bathe is substandard in violation of Section 302.2 of the Code. 2. There are broken windows, doors and door jambs constituting an attractive nuisance in violation of Section, 302.12 of the code. 3. Structural deficiencies of the Subject Property are suspected due to broken poets, improper connections, fire damaged framing members, rotted and broken sill pates, possible substandard installations of supports for evaporative coolera. The foregoing conditions are is violation of section 302.5 of the code. 4. The patio area and laundry room have been damaged by fire. There are holes in the interior and exterior walls. Plumbing fixtures are in need of cleaning, repair or 'replacement, water heaters are in need of repair or replacement, There are unpaxmi.tted and.illegal conversions throughout the Subject Property. The foregoing conditions are, in violation of Section 302.13 of the Code. S. There are missing electrical fixtures, cover plates, exposed electrical conductors, improper use of and type of conduit and unsupported or improperly supported conduit, Electrical panels are in need of repair or replacement.. All circuits must be labeled and dead fronts installed. The evaporative coolers and electrical connections to the OOOlere are substandard. The pool and pool equipment are not in compliance with current codes, Smoke detectors are iiisaing. Ventilation and heating systems are not in proper operating condition. The .area used to store combustible or flammable liquids is improperly constructed. The foregoing conditions are in violation of Section 302.16 of the Code. The Subject Property is also in violation of Palm Springs Zoning ' ordinance Section 9319.00; Property Maintenance Standards (a copy of which is attached for your reference) . Specifically: 1. The Subject Property is littered with trash, debria,'discarded furniture and other refuse and waste. . 2. The swimming pool is dilapidated. The parking lot is in disrepair and full of potholes and cracks and is improperly marked; There are broken and/or missing windows and doors throughout the building. 3. There are dead, dying and overgrown vegetation throughout the Subject Property, The Subject Property is also in violation of Palm Springs Zoning ordinance Section 9320,.10.A.2. Specifically: 1. . The sign is dilapidated and has become hazardous due to lack of maintenance and non-conforming pole sign are prohibited, Each and every Violation listed above alev constitutes a violation of Section 302, .13 and 202.3.7 at the Code. The Subject Property is.also in violation of Palm Springs municipal code Section 11.72.080 which states that any violation of the Palm Springs Zoning Ordinance is a public nuisance. Notice s Order Couoeraing a Dangerous Building Page 3 The property has, been a source of repetitive Complaints from 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 ante or by his Omission to diligently, carefully and prudently conduct his affairs or manage his property, creates or causes the nuisance or suf£ere 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 I. and every person who owns an eatate or interest in the real pro arty upon Which the nuisance in-created or is maintained or upon which it is suffered to exist. Pursuant to Health b 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 thin 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 defect& within ,aforementioned thirty (30) day period. If you either 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. - 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 subject Property, CORRECPI>f?&MTONS TMOUrRPD: 1) Secure a permit to restore structure to habitable condition, including , say required rehabilitation of electrical, mechanical and plumbing systems, 2) Establish a program acceptable to the Department of Planning and Building addressing the continuing exterior maintenance of the property. Such a program shall include landscaping, lighting and parking facilities, B) Ensure required inspection& are done. a) Remove all. trash, junk, debris, furniture, dead vegetation.and other discarded items, 5) 'Repaint all buildings, walls and fences. (Architectural Approval required) 6) Repair and properly maintain swimming pool and equipment; maintain properly, 7) Repair parking lot per City specifications. (Contact Building a Planning for specifications) , e) Prune and trim vegetation.. Repair and maintain all irrigation systems. Remove and replace dead vegetation. 9) Remove sign or replace with a sign which conforms to current standards, You and any other re&poneihle Patties will he suhle _t o +.abil+t for ravment of all Costa which thy��ity inet.ra +n ' abateme= PToceduree and to abate the nuisance inclnd'nq but n t ]YdO1MiLLOPI]3]93m.1,0N19N9 , 1 f • •notice & Order Concerning a Dangerous Building Page 4 limited f.o all costa of._insaQgtion� inveatiae eon are .semen , Yenaa r., mitiaati.on remediay],g�,1�Y?moval, rehab111tati. n. eeeusity, 8L4 4 traffic control. law--enforcement oroteot),Qn and other eonaem+ential direct and 11} .ir'gct o csta relating to all +nn++ d+na all legal f . .a and .data. Current fees for city costs are as follows: • general staff and inspection time - $50.00/hour (1/4 hour minimum.) s city attorney time - 6145.00/hour RIGHT Or IPPW„ 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 ii.made in writing and in the fora required by Section 501.1 'of the IInifora Code For The Abatement 03' bangaroas Buildings and filed with the Building Official within thirty (30) days from ths.dats Of earviee of such Notice and Order, provided, however, that if the building or etruoture io in ouch condition as to make it immediately dangerous to tha•life, limb, proparty or safety of the public or adjacent proparty(s) and is ordered vacated and is posted, such appeal shall be filed within 10 daym 'frcm the date of service of the Notice and order upon you. Failure to appeal will eonatitate a waiver of all right to an administrative • hearing and determination of the Matta=. where appropriate, as determined by the City, the City may conduct further Proceedings in accordance, with chapters 11.72 and 2.50 of the Pa3n springs Municipal code, Processing of the appeal shall be in accordance with the provisions set forth in the Uniform Code For The Abatement of Dangerous Buildings. A complete text of maid code is attached as Fxhibit "B" hereto. Please direct your appeal to., Board of Appeals, City of Palm Springs Building Division, PO Box 2743, Palm Springs CA 92263 (619) 3238242. Pursuant to Revenue and Taxation Cade 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 years 1997 or 1998. ' If you would like to make arrangements for an acceptable schedule of repairs, please contact Dirk Vpes at (760) 323-B245 within the above-referenced time period. DATED this _ day of 13LA 1999, 6/ Mrc omm Sr. Community Preservation Officer Dougl s E s „ Director f Planning & Zoning Posted on Property lcwmani000ss=nsa.i+abacros , 4 LFrcar. nRaCRSPmSON THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 3, TOWNSHIP 4 SOUTH, P-WOR 4 EAST, SAN BERNARDINO SASE AND MRRFDIAN, A9 SHOWN BY TBX UNITED STATES WVSR2 MMT SURVEY, DESCRIBED,AS VOLLOWS; COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID _SECTION 3; THENCE NORTH 00° 11' FAST, ALONG THE EAST LIM OF SAID SOUTHEAST QUARTER, 1324.26 FESPJ THENCE NORTH E190 56' WEST, 710.56 FEET TO A POINT- ON THS NORTHrASTERLY LINE OF THE STATE EIGH{AY; TUENCB NORTH 38° 24' WEST, ALONG THE NORTHEASTERLY LINE OF SAID STATE HIGHWAY, 166.15 FEET TO T28 TRUI3 POINT OF BEGINNING; THENCE NORTH 384 244 WEST, ALONG TE3 NORTHEASTERLY LINE OF SAID STATE HIGHWAY, 127.66 FEET) THENCE SOUTH 896 58' EAST, 535.51 FEET, MORE OR LESS; TO THE WESTERLY LINE OF THE RIGHT OF WAY OF THE WEITEWATER MUTUAL WATER COMPANY; THENCE SOUTH 6" 17' EAST, 'ALONG THE WESTERLY LINE OF SAID RIGHT OF-WAY, 100.61 FRET; THENCE NORTH 890 58' WEST, 467.23 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING; EXCEPTING THEREFROM THE EAST 30 FEET, AS GRANTED TO THE CITY OF PALM SPRINGS, BY DEED RECORDED MAY 6, 1947 IN BOOK B25 PAGE 482 OF OFFICIAL RECORDS OF'RIVERSIDS COMM, CALIFORNIA, ALSO EXCEPTING TBSREFROM THAT PORTION COANEYED TO THE CITY OF PALM SPRINGS IN DOCUMENT RECORDED MARCH 29, 1961 A INSTRUMENT NO. 26553 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIPORNIA. ' 7®Iumb"0091dT1 0.1 WW1A'99 EXHIBIT "A" , 1997 Abatement of Dancerous Buildinas Chapter 5 APPEAL General . Sea. 501.1 Form of appeal. Any'person entitled to service under Section 401.3'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 Hoard of Appeals of the . . k.. . .. . of ........ .... 2. ' A caption Leading, "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 facto claimed to support the contestigna of the appellant. S. 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 of otherwise set aside. 6. The signatures of all parties named as appellants and their official mailing addressee. 7. The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal. The appeal shall be filed within 30 dare from the date of the service of such order or action of the building'official, provided, however, thaE 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 404, such appeal shall be 'filed within 10 days from the date of the aervice of the notice and order of the building official. 501.2 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. 501.3 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 wag filed with Erie 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 ouch notice to be delivered to the appellant personally or by mailing a copy thereof, pootage prepaid, addressed to the appellant at the address shown on the appeal. Effect of Failure to Appeal sou. 502, 'gailure of any person to file an, appeal in accordance with the provisions of Section 501 shall constitute a 'waiver of the right to an administrative hearing and' adjudication of the notice and order or to any portion thereof. 79uDIW6{dm913n JMJ 4=99 EXHIBIT "B" Scope of Hearing Oa Appeal Sao. 503.' Only those matters or issues specifically raised by the appellant shall bd considered in the hearing of the appeal. Staying Of Order of Appeal Sec. 504. Exbept for vacation orders made pursu=t to Section 1404, enforcement of any notice and order of the building official ,issued under this code shall be stayed during the pendency of an ;appeal therefrom- which is properly and timely filed. �sorolaumwrszee�a WSl9l9? E7(FI282T •B° • i o a � Jose E. Guerrero R -MDE couwy Ln� 646 Junipero Ave Long Beach, Ca. 90814 SEP 2 7 1999 Barton Charles Adrian&Deborah Joe Adrian GARY L ORSO 24120 Adams Ave, by L1 1G d . C. Kohler Murrieta, Ca. 92562 �� Qe" NOTICE TO .ABATE NUISANCE The owner of the building situated at 2150 N.Palm Canyon,Palm Springs, California is hereby notified to appear before the City Council for the City ofPahn Springs,governing board of the Planning and Building Department for the City of palm Springs, at its meeting to be held October 06, 1999, 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 [-1.► IS3e lci�iIr _OUNITY OLERY, Planning and Building Department w bWa OWN,c Determb Don City of Palm Springs Fled vaosRPa 21ssv SEP 21 1999 Renwved_ Dir oss By, Dept. Courw, of R wie de,Stela ofowifomla Sr. Community Preservation Officer ML/ .EXHIBIT "E" � Y RESOLUTION No, 19660 THE CYTY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, FINDING AND DECLARING THE BUILDING AT 2150 N. PAW CANYOY TO BE A PUBLIC NUISANCE AND ORDERING THE ABATEMENT THEREOF. WHEREAS, at 2150 N. Palm Canyon is located an abandoned hotel building and is mare particularly described as 1.10 Acres M/L' in Por SE 1/4 of Sec. 2 T45 TAB, Asseaaorls Parcel No. 504-270-009 in the City of Palm Springs, county of Riverside, State of California(the "Subject Propertyn; and WHEREAS, on or about December 10, 1996, after obtaining the written consent of the owner of record, the building located at 2150 N. Palm canyon was inspected by City of Palm Springs (-City-) Community Preservation Officers and Building Inspectors and found to be in a substandard, dangerous and uninhabitable building, in violation of Chapter 4 of the Uniform code for the Abatement of Dangerous Buildings, adopted by reference into the Palm Springs Municipal Code, Section 8.04.040; and WHEREAS, on March 11, 1997, a Notice and Order Concerning a Dangerous Building was issued on the Subject Property located at 2150 N. Palm Canyon as a result of the inspection conducted by city Community Preservation Officers; and WIJEREAS, specific violations found during the December 10, 1996, and subsequent inspections, include, substandard flooring; broken windows, doors and door jambs; structural deficiencies; tire damage to the patio area and laundry room; inoperative plumbing fixtures and water heaters; inoperative electrical fixtures; missing smoke detectors; inoperative ventilation and heating systems; improper property maintenance; storage area for combustible or flammable liquid is improperly constructed; and WHEREAS, on April 9, 1998, the owner of record appealed the Notice dated March 11, 1997; and WHEREAS, the appeal was heard by the Board of Appeals on June 12,1997 and the Board of Appeals developed a schedule to enable the owner of record to rehabilitate the property; and WHEREAS, the substandard, dangerous and uninhabitable conditions have been left untepaired or uncorrected for over one year though notice of the conditions was sent to the owner of record on March 11, 1997 and the Board of Appeals developed a schedule to enable the owner of record to rehabilitate the property at the acne 12, 1997 appeal hearing; and WHEREAS, the substandard, dangerous and uninhabitable conditions make the building at 2150 No. Palm Canyon a public nuisance as defined in Health and safety Code section 17920, Uniform Housing Code Section 202, Uniform Code for the Abatement of Dangerous Buildings, -Chapter 302 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 54, and Health and Safety Code section 17980 (b) , written notice of the dangerous conditions and an order to abate the nuisance was mailed to all owners, mortgagees and trust deed beneficiaries of 2150 Palm Canyon by certified mail, return receipt requested on July 01, 1999; and ) EXHIBIT<cF» • Resolution No. 19660 , r �''G,"'� Page 2 WHBRSAS, 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 ahpuld not be condemned as a public nuisance and ordered to be abated by reconatrocting, repairing, or removing the building was mailed to all owners, mortgagees and trust deed beneficiaries of 2150 N. Palm Canyon by certified mail, return receipt requested on August Se, 1990; and WHEREAS, the owners, mortgagees, and trust deed beneficiaries have not made any repairs to the building, which remains in a substandard, dangerous and uninhabitable condition; and WHEREAS, a public hearing was held before the City Council on October 6, 1999, and all interested parties were given an opportunity to be heard regarding the declaration of the building at 2150 N. Palm Canyon 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 2150 N. Palm Canyon; 1. The flooring in all kitchens and baths is substandard in violation of Section 302.2 of the Uniform Code for the Abatement of Dangerous Buildings (the 'Code") . 2. There are broken window, doors and door Jambs constituting an attractive nuisance in violation of Section 302.12 of the code. 3, structural deficiencies of the Subject Property are suspected due to broken posts, improper connections, fire damaged framing members, ratted and broken sill pates, possible substandard installations of supports for evaporative coolers. The foregoing conditions are in violation of Section 302.5 of the Code. 4. The patio area and laundry room have been damaged by fire, There are holes in the interior and exterior walls. Plumbing fixtures are in need of cleaning, repair or replacement. Water heaters are in need of repair or replacement. There are unpermitted and illegal conversions throughout the Subject Property. The foregoing conditions are in violation of Section 302.13 of the Cade. 5. There are missing electrical fixtures, Cover plates, exposed electrical conductors, improper use of and type of 2 Resolution No. 19660 Page 3 conduit and unsupported or improperly supported conduit. Electrical pahels are in need of repair or replacement. All circuits must be labeled and dead fronts installed. The evaporative coolers and electrical connections to the coolers are substandard. The pool and pool equipment are not in compliance with current codes. Smake detectors are missing. Ventilation and heating systems are not in proper operating condition. The area used to store combustible or flammable liquids is improperly constructed. The foregoing conditions are in violation of section 302.16 of the code. 6. The Subject Property is littered with trash, debris, discarded furniture and other refuse and waste in violation of Palm springs Zoning Ordinance section 93109.00 (the "Municipal Code) . 7. The swimming pool is dilapidated. The parking lot is in disrepair and full of potholes and cracks and is improperly marked; there are broken and/or missing windows and doors throughout the building. The foregoing conditions are violations of section 9319.00 of the Municipal Code. 0. There are dead, dying and overgrown vegetation throughout the Subject Property in violation of section 9319.00 of the Municipal Code. 9. The sign is dilapidated and has become hazardous due to lack of maintenance and non-conforming pole signs are prohibited. The foregoing Conditions are in violation of section 9320,10.A.2 of the Municipal Code. Section 3. The City council finds and declares these defects have created conditions of inadequate sanitation, inadequate ventilation, faulty weather protection, and accumulation of debris to an 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 2150 N. Palm canyon to be substendard, dangerous and in violation of Health and safety Code Section 17920.3 and Chapter 302 of the uniform Code of the Abatement of Dangerous Buildings, adopted by reference into the Palm springs Municipal Code, Section 0.04.040 /aw op 3 r • • Resolution No. 19660 Page 4 Section 4. The City Council finds and declares that, because ` of the substandard, dangerous and uninhabitable conditions created by the inadequate sanitation, .inadequate ventilation, faulty weather protection, and accumulation of debris, the building at 2150 N. Palm Canyon is a public nuisance as defined in Health and Safety Code Section 17920, Uniform Coda for the Abatement of Dangerous Buildings, Chapter 202 and Palm Springs Municipal Code Chapters -11.72.090 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 at the same time an entire community or neighborhood. (Civ, Code $ 3479, 3480, incorporated by reference into Health and Safety Code 5 17920.) All buildings or portions thereof which are determined after inspection by the building official to be dangerous as defined in this code are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal. (uniform Code for the .abatement of Dangerous Buildings Chapter 202, incorporated by reference into Palm springs Municipal Code 5 8,04.OdO.) All such unsafe buildings, structures or appendages are hereby declared -to be public, nuisances. , . (Uniform Building Code 5 203, incorporated by reference into Palm Springs Municipal Code 5 8.04.010) Any violation of the uniform Building Code as amended is a public nuisance. (Palm Springs Municipal Code Section 11.72.090.) Section S. 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 h) required that when a building is found to be substandard, the enforcement agency shall commence 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 4 ReSolutlon No, 19660 Page 5 the Housing Code or such alternate procedure as may have bean or as may be adopted by this jurisdiction. As an alternative, .the building official, or other employap or official of this jurisdiction as designated by the governing body, may initiate any other appropriate action to prevent, restrain, correct or abate the violation, Section 8, The City Council finds and declares that, as required by California Cade of Regulations, title 25, section $4, and Health and Safety Code section 17980 (b), written notice of the substandard conditions and an order to abate the nuisance was provided to all owners, mortgagees and trust deed beneficiaries of 2150 N. Palm Canyon, but those owners, mortgagees, and trust deed beneficiaries failed to respond or make any 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 buildings at 2150 N. palm Canyon 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 Healtli and Safety Code section 17982, if the nuisance is not abated within thirty (30) days after a notice bf the' passage of this resolution is posted on the property. Section 11. 1n 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 to maintain an itemized account of the costs incurred by the City in razing and removing the building, including all administrative and legal costs 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 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 coats. Resolution No. 19660 Iap Page 6 ( 4r ADOPTED this 6th th day of October, 1999. AYEse M mbers Barnes, Hodges, Won, Rellar-Spurgin and Mayor Kleindienst NOES: one ABSENT: None ABSTAIN, None ATTEST! CITY ' OF PALM SPRINGS, CALIFORNIA /s/ Patricia Sanders Is/ Rob Parkins CITY CLERK CITY XANAGER REVIEWED 4 AP13ROVED 7 IIW"W CERTIFY THAT TM FOREGWNG 19 ATRURCOPY OF tuaoi vmv No 194 4i0 DULY ADOVMD BY THE Cny CoMM OFTIM CTrYOFPALUAp Ca5 to E O '�ovm___ DAY OP LIT9D,fl'ALM O G 08NLt;. 9 .PA OPif i"-- CITYrto••Y CISY OP PA7]tSP1lII�L4 CALiMPNIA 9 6 • EXHIBIT "G" TO AGREEMENT SCHEDULE OF PERFORMANCE ACTION ESTIMATED COMPLETION DATE 1. Agreement submitted to City Council for Judy 18, 2001 approval 2. Payment of$45,000 for the City's costs and fees Concurrently with the execution of pursuant to Section 1.5 of this Agreement this Agreement 3. Delivery of a copy of the insurance policies, Within five (5) days of the date pursuant to Section 1.9 of this Agreement owners are issued a permit to rehabilitate the structure on the Property or secure the services of a licensed contractor pursuant to Section 1.9 of this Agreement, whichever occurs first 4. Delivery of letter of credit pursuant to Section Within five (5) days of the date of 1.3 of this Agreement this Agreement 5. Submission of architectural approval application Completed as of Effective Date and plans to the City of Palm Springs Planning Commission for Rehabilitation Work on the Property 6. Process and approval of architectural plans by Completed as of Effective Date City of Palm Springs Planning Commission for Rehabilitation Work on the Property 7. Submission of structural and building plans to Completed as of Effective Date the City of Palm Springs Building Division for Rehabilitation Work on the Property 8. Process and approval of structural and building Completed as of Effective Date plans by the City of Palm Springs Building Division for Rehabilitation Work on the Property 9. Issuance of all necessary permits (upon payment July 20, 2001 of all required fees) by the City of Palm Springs Building Division for Rehabilitation Work on the IRV#12406 0 17- Property 10. Commencement of Rehabilitation Work on the July 20, 2001 Property 11. Completion and final inspection of the January 25, 2002 Rehabilitation Work on the Property 12. Issuance of a Certificate of Occupancy on the 7 days from completion and final Property inspection IRV 412406 A 18_