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HomeMy WebLinkAboutItem 7b. Public Hearing to Determine Existence of a Public Nuisance at 205 Casa Street and 1067 Murray Avenue Item 7b Department: Community Development Cost Center: 4006 For Agenda of: 7/2/2024 Placement: Public Hearing Estimated Time: 20 Minutes FROM: Timmi Tway, Community Development Director Prepared By: Michael Loew, Deputy Director/Chief Building Official; John Mezzapesa, Deputy Building Official SUBJECT: PUBLIC HEARING TO DETERMIINE EXISTENCE OF A PUBLIC NUISANCE AT 205 CASA STREET AND 1067 MURRAY AVENUE AND ORDER ABATEMENT THEREOF RECOMMENDATION Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, declaring that the property at 205 Casa Street and 1067 Murray Avenue constitutes a public nuisance, and ordering abatement of same.” POLICY CONTEXT The Code Enforcement Division is charged with promoting health and safety within the City of San Luis Obispo though various enforcement methodologies. In general, the procedures are designed to gain compliance at the lowest enforcement level possible; however, enforcement may escalate when necessary. San Luis Obispo Municipal Code (SLOMC) Section 8.24 “Nuisance Abatement” sets forth a process to address public nuisances identified within the city to protect public peace, health, safety and general welfare. SLOMC 8.24 clearly designates scenarios in which a public nuisance exists and outlines the steps required for declaring a nuisance and abatement by the city. The Community Development Director is granted authority to take action to address health and safety violations in the City, including abatement of nuisance conditions (SLOMC 1.24.050). This authority is often delegated to the Deputy Director/Chief Building Official to carry out such relevant duties. SLOMC 1.24 authorizes the City to issue Administrative Citations for code violations and outlines the policies and procedures regarding escalating code enforcement action. REPORT-IN-BRIEF Code Enforcement staff has documented the property at 205 Casa Street and 1067 Murray to be vacant, in a state of disrepair, and largely unmaintained since January 2022. The lack of maintenance and control from the property owner has led to over 80 calls for service to the Police Department since 2018, as well as recent Code Enforcement actions Page 371 of 440 Item 7b related to the state of the property. Since January 2022 the City of San Luis Obispo’s Code Enforcement Division has monitored the decline of the property maintenance and the structures on site while maintaining continued communication with the property owner. While minimal efforts to clean up portions of the property were completed by the property owner, the overall substandard conditions have been allowed to continue for over thirty months. The lack of compliance and condition of the property resulted in the issuance of fines totaling $48,4001 and rendering it necessary for the issuance of an order for the structure to be vacated and secured. In November of 2023, the Chief Building Official (CBO) determined the conditions of the property presented an unmitigated, imminent danger to the life and health of entrants to the structure and surrounding neighbors. As a result of the imminent danger associated with this structure, the CBO authorized, through contracted services, the installation of temporary safeguards including disconnection of electrical services and physical boarding of all entry points in compliance with the Boarding Standards found in Appendix A of the International Property Maintenance Code (IPMC) to prevent harm caused by further entry upon the dangerous and unsecured property. While the structure is currently secured, it is recommended that the property be declared a public nuisance as defined in SLOMC 8.24.020 due to the overgrown vegetation, the accumulation of junk debris from dumping, and the substandard and structural deficiencies on the exterior and interior of the property. The lack of compliance with cited codes and maintenance of the property has led staff to request that Council review the history and facts of the case in order to determine if a public nuisance exists at this location. The declaration of a public nuisance will allow a final timeframe in which the property owner may address the violations on site and will ultimately give staff the authority to remediate any remaining violations at the end of the given timeframe. DISCUSSION Background SLOMC section 8.24.020 describes the scenarios that constitute a public nuisance which, at the discretion of the city, may be abated in accordance with the nuisance abatement process. These scenarios are as follows: A. Any structure, as defined in the Building Code, which exists, or which is maintained or used upon any premises in violation of any requirement or prohibition of any law, ordinance or permit, including, without limitation, requirements or prohibitions related to location, construction, condition, maintenance, use, or time period limitation. 1 If this sum remains unpaid, the City’s options are: refer these unpaid fines to a collections agency; file a civil lawsuit and record the judgment as a lien against the property; or, should the City pursue a receivership, ask the Court to disburse this sum from the proceeds of a receivership sale. Page 372 of 440 Item 7b B. Any premises upon which there exists any condition, thing or use in violation of any requirement or prohibition of any law, ordinance or permit related to the condition, maintenance or use of the premises. C. Any unlawful encroachment which obstructs or interferes with the free passage or use by the public of any public sidewalk, street, alley or right -of-way. D. The occurrence of more than two loud or unruly assemblages in any sixty-day period that threatens the public peace, health, safety or general welfare and requires a police response to control the threat to the public peace, health, safety, or general welfare. The determination of a public nuisance under this subsection shall expire eighteen months after the date of the resolution ordering abatement as set forth in Section 8.24.110 of this chapter. E. As applied to this chapter, the determination of a “response” will be when the police department responds to a location, obse rves a violation of applicable state or municipal violations, and the tenant is issued a disturbance advisement card, a citation, or is arrested for the applicable violation. F. Anything constituting a public nuisance as specifically defined or declared by an y other law or ordinance. Process for Abatement of a Public Nuisance The process for abatement of a public nuisance involves three City Council actions. The first step is the adoption of a resolution by Council declaring that a nuisance may exist at a given parcel (SLOMC 8.24.040.) In this case, the City Council adopted this initial Resolution at the May 21, 2024, City Council meeting. Notification of the public hearing was posted on the premises on and mailed to the owner on June 6, 2024, in compliance with SLOMC sections 8.24.050-8.24.060 (owner does not live within City limits; SLOMC 8.24.060(B).) Proof of posting and service are included as Attachment O. The second Council action occurs during the public hearing, for which this report is being prepared. During this hearing, City staff are to present evidence to the Council regarding the existence of a public nuisance. Staff also presents the cost associated with potential abatement of the declared nuisance . The property owner and any other witnesses or interested parties will also have the opportunity to present any statements or evidence to Council during the public hearing. (SLOMC 8.24.080.) If Council finds that a nuisance exists and there is sufficient cause to require abatement of the nuisance , the property owner will be given 30 days, or such other time limit as Council may specify, to remediate the identified violations. (SLOMC 8.24.090.) If the property owner fa ils to remediate the violations by the time specified in the Resolution declaring the property a public nuisance, the City is authorized to abate the nuisance conditions. (see SLOMC 8.24.100-8.24.120.) Additionally, a certification of the outstanding nuisance will be recorded against the property with the Office of the County Clerk Recorder (SLOMC 8.24.110.) The third Council action will need to occur only if staff remediates the violations. In this case, all costs associated with an abatement performed by the City will be accounted for and brought back to Council for confirmation. (SLOMC 8.24.130-140.) Page 373 of 440 Item 7b The property owner shall be personally liable to the City for the abatement costs confirmed by the resolution of Council and, if left unpaid, the abatement costs shall constitute a special assessment against the property, and upon recordation in the office of the County Recorder of a notice of lien, shall constitute a lien on the propert y for the amount of such assessment. (SLOMC 8.24.150.) Basis of Staff’s Recommendation The following information is provided so Council may consider, based on staff’s recommendation, whether to declare that a nuisance exist s at 205 Casa Street/1067 Murray Avenue, pursuant to SLOMC 8.24.040. Site description The site is a rectangular lot located at the southwest corner of the Casa Street and Murray Avenue intersection, Parcel # 001-031-016 consisting of a duplex with addresses 205 Casa Street & 1067 Murray Avenue. It is 102 feet deep and 60 feet wide, comprising of approximately 6,120 square feet. Presently the lot is zoned Office (O) and is developed with a single-story residence facing Murray Avenue and two-story residence with attached two car garage facing Casa Street. County assessor records show the owner to be D. Ryan who has come to be known as Diller Ryan. The GIS division prepared the following map that outlines the parcel for reference: Page 374 of 440 Item 7b Enforcement Timeline and Action Code Enforcement Staff first received an investigation request regarding the subject property in January of 2022. The reporting party raised concerns regarding an accumulation of trash and debris as well as transient activity on the property. Initial inspection of the property found a vacant and abandoned property with a moderate accumulation of debris visible from the public right of way. Damage to the exterior doors, stairway, handrails, windows, and siding was also observed from the public right of way. It appeared that some doorways were inadequately boarded as they had been broken open giving way to allow unauthorized entry into the structure (Attachment B). No action was taken at this time due to staffing changes within the Code Enforcement Division. A follow up inspection occurred in March of 2022 when the case was reassigned to a Code Enforcement Officer. The Officer found the property in the same conditions as previously inspected (Attachment C). Code Enforcement staff issued a Notice of Violation citing violations of the International Property Maintenance Code for maintenan ce of vacant structures and premises, accumulation of rubbish, and damage to exterior walls, doors and stairway elements (Attachment D). A follow up inspection in June of 2022 found the conditions of the property had declined including evidence that the structures was being utilized by unauthorized entrants and compromised exterior entry points such as broken and opened windows and doors (Attachment E). During the month of June, multiple inspections of the property confirmed continuing violations resulting in three citations totaling $6,400 in fines (Attachment F). On June 23, 2022, the property owner was notified via a letter that daily citations would begin to accrue. On June 27, 2022, the property owner, Diller Ryan, made contact via phone with code enforcement staff for the first time. Mr. Ryan stated that he was having trouble preventing transients from entering the property and structures. He advised that he work toward vegetation and trash removal as well as boarding of the structure. During the months of July 2022 though November 2022, the property owner worked on clearing vegetation and removing accumulated debris. He remained in contact with the assigned code enforcement officer and ultimately corrected the violations related to overgrown vegetation and accumulation of debris and trash (Attachment G). Violations related to damaged siding, doors, windows and stairway had yet to be addressed. Staff did not observe any signs of further abatement or maintenance of the property after November 2022 during the re-inspection of the property in March of 2023. The reinspection showed indications of continued unauthorized entrants utilizing the premises and further deteriorating conditions. The garage doors had been compromised, windows were broken, door hardware was missing, and new accumulation of debris was observed. Mold and missing drywall were visible from the public right of way on the interior ceiling area of the second story at 205 Casa Street. The vegetation was once again overgrown (Attachment H). Page 375 of 440 Item 7b Between March and August of 2023, Code Enforcement staff documented the continued decline of property conditions (Attachment I), which resulted in the issuance of administrative citations assessing daily fines totaling $42,000 (Attachment J). Prior to citation issuance, staff made contact with the property owner, who expressed frustrations with trespassing individuals. He advised that he would address the overgrown vegetation. The property owner was verbally advised of the potential abatement of this property if conditions were not addressed. Growing concerns regarding the circumstances at the property sparked staff to formally request an interior inspection of the structures on October 17, 2023, to evaluate the interior conditions of the structure (Attachment K); however, no response was received regarding this request. Staff attempted to contact Mr. Ryan through multiple channels that include telephone calls and mailings to his P.O. Box In October of 2023, San Luis Obispo Police performed a parolee check at 1067 Murray Avenue (which was listed by the parolee as their current address). Police Staff reported that numerous individuals were observed within the residence. These individuals were utilizing buckets and plastic jugs for human waste elimination and causing an accumulation of debris on the interior of the structure , which made egress paths difficult to navigate. As a result of the reported interior conditions and the continued exterior conditions, the structure was posted as unsafe to occupy. The second story unit at 205 Casa Street was also posted as unsafe to occupy due to multiple broken windows, an unsafe entry stairway and unsecured front door. Following posting of the property, a Notice was issued to the property owner on October 26, 2023, ordering the vacation and boarding of the entire structure, which includes the 205 Casa unit, and 1067 Murray unit (Attachment L). An inspection was also completed on this date to document the condition of the property (Attachment M). No progress toward compliance was observed, nor did staff receive contact from the property owner after issuance of this notice. By November 30, 2023, the Chief Building Official (CBO) and Code Enforcement Officer observed conditions that were determined to be imminent dangers, such as structurally unsound stairs, missing door hardware, collapsed ceilings and electrical hazards. The Chief Building Official concluded that these hazards were all related to the unsecured nature of the structures. The conditions presented an unmitigated, imminent danger to the life and health of entrants to the structure and surrounding neighbors. On December 4, 2023, staff attempted to contact the property owner via phone and a voicemail was left advising that the structures were to be declared dangerous buildings by order of the Chief Building Official and that the structures were to be boarded by the City. As a result of the imminent danger associated with this structure, on December 5, 2023, the CBO authorized, through contracted services, the installation of temporary safeguards including disconnection of electrical services and physical boarding of all entry points in compliance with the Boarding Standards found in Appendix A of the International Property Maintenance Code (IPMC). The Chief Building Official determined this action was necessary to prevent harm caused by further entry upon the dangerous property. Page 376 of 440 Item 7b Since boarding of the structures on site in December of 2023, multiple, periodic inspections have verified the continuation of the previously identified unresolved code violations (Attachment N). The emergency action taken to board up the structure has been successful in keeping out unauthorized entrants, and in preventing further declination of the structure. However, the exterior areas of the property remain open to the public and furniture continues to be dumped on site. The overall deteriorated state of the property and continued property maintenance violations meet the criteria for the existence of a public nuisance as described in SLOMC 8.24.020(A)-(B). Staff has continued to reach out to the property owner and has several phone conversations regarding the state of the property since the property has been secured. Staff provided the property owner a courtesy notification prior to the May 21, 2024, City Council meeting that included authorization to hold the July 2, 2024, public hearing. Mr. Ryan reached out to staff and communicated that he saw an article about his property in the news and communicated that he was motivated to take action. Since May 21, 2024, staff has observed improvements on the property. Some junk and debris have been removed, and the overgrown weeds have been mowed. However, the property is still in need of further remediation due to overgrown vegetation that extends into the public right of way from hedges and trees, and there is still junk and debris visible from the public right of way. As recently as June 6, 2024, Mr. Ryan has refused to meet with staff and take responsibility for the security of the property. The structure remains secured and inaccessible. Staff’s recommendation is to address the continued activities at this location by declaring a public nuisance exists. If the City Council finds that a public nuisance exists, the property owner will be given 30 days, or such other time limit as Council may specify, to remediate the identified violations. If no remediation occurs by the stated deadline, the City Clerk will file with the County Recorder a certificate that the property is a public nuisance, and that the owner has been notified thereof. City staff will coordinate remediation, including removal of all debris and overgrown vegetation and installation of fencing to prevent future trespassing. While the damaged and deteriorated structural elements and other substandard conditions of the residences should be considered when determining the existence of a public nuisance, remediation of these items are not being recommended as part of the abatement via this nuisance declaration because the costs, which would need to be fronted by the City, are significant and likely could only be recovered through a lien on the property and, if unpaid, foreclosure proceedings. Also, the City is not resourced, either directly or through retained contractors, for remediation of a residential structure. City staff has concurrently begun preparations for the application to the courts for the appointment of a receiver to address the structural deficiencies and substandard condition of the residences. These proposed concurrent processes – nuisance abatement and receivership – are both intended to compel voluntary compliance by the property owner in addressing, respectively, the dangerous exterior and structural conditions of the property, but will allow the City to commence remediation efforts should the property owner continue to decline to take such action themselves. Page 377 of 440 Item 7b Estimates of cost for abatement are shown in the Fiscal Impact portion of this report. City staff will keep an accounting of actual abatement costs, which will be submitted to Council for confirmation and assessment against the property at a future Council meeting. (SLOMC 8.24.140-8.24.150.) Previous Council or Advisory Body Action Council adopted Resolution 11494 on May 21, 2024, finding that the subject property may constitute a public nuisance, and ordering this public hearing concerning same and abatement thereof. Public Engagement The property owner has been notified, by written notice sent via email, first-class mail and certified mail to the property owner’s last known address, and by telephone of the Public Hearing and staff’s recommendation to Council to declare that a public nuisance exists at this property. Additionally, a legal ad was placed in the local periodical notifying citizens of the public hearing. A certified copy of the resolution and Notice of Public Hearing was posted on the premises and mailed to the property owner as required by Section 8.24.050 -8.24.060 of the Municipal Code. CONCURRENCE The City Attorney’s Office, Police Department, Fire Department, and Public Works Department concur with staff’s recommendation. ENVIRONMENTAL REVIEW The recommended action to declare this property a public nuisance and order abatement is exempt from the California Environmental Quality Act (CEQA) under Section 15321 (enforcement actions by regulatory agencies.) The recommended action to install a perimeter fence and the recommended nuisance abatement measures are exempt fr om CEQA under Section 15301 (existing facilities) and Section 15601 (no possibility that the activity in question may have a significant effect on the environment.) FISCAL IMPACT Budgeted: No Budget Year: 2024-25 Funding Identified: Yes Estimated costs to abate the landscaping on the property were received from a local landscaping company and total $2,200. Estimates included the following services:  Weed abatement for the entire lot.  Trash removal for the entire lot (rates may change depending on potential increase of trash accumulation).  Safety pruning of all trees including lifting and pushing back out of city right of way.  Trimming of all bushes and shrubs/ pushing back out of city right of way. Page 378 of 440 Item 7b Estimates associated with installation of perimeter fencing to prevent further access to the property totaled $1,227.50 for six months. Total estimated costs for full abatement are $3,427.50 and will be paid directly from the Building and Safety Division’s Other Contract Services budget. However, all abatement costs will be recorded as a lien upon the subject property. These costs, or portions thereof, will only be incurred if the property owner fails to remediate any nuisances established by the Council by the compliance date established by the Council. Fiscal Analysis: Funding Sources Total Budget Available Current Funding Request Remaining Balance Annual Ongoing Cost General Fund $140,000 $136,572.50 $0 State Federal Fees Other: Total $140,000 $136,572.50 $0 While it is not captured in the fiscal analysis above, it should be noted that this property has had 50 code enforcement activities noted since January 2022, and 60 police calls in that same time. This property has continued to have a large impact on the City’s operational resources. ALTERNATIVES 1. Council could decline to declare that a public nuisance exists at the Property. This action is not recommended by staff because there remain several long-standing and unresolved code violations at the property, and the abandoned, vacant structure has caused and is expected to continue causing negative impacts to the surrounding area. The property owner has shown little to no evidence that he is willing and able to address the continued issues. If a public nuisance is not declared, then staff will continue to pursue enforcement through the administrative citation process, which has been unsuccessful thus far. 2. Council could declare a public nuisance exists at the Property and extend the timeline for compliance beyond 30 days. This action is not recommended due to the opportunities afforded to the property owner since March of 2022. Since this recommendation includes securing the property, extending the compliance date will provide more opportunities for further accumulation of junk and debris. The Council should not consider a timeline less than staff’s recommendation because any aggrieved party can take action to object to this proceeding within 30 days (SLOMC 8.24.100). Page 379 of 440 Item 7b ATTACHMENTS A - Draft Resolution declaring a public nuisance exists and abatement thereof at 205 Casa/1067 Murray B - Inspection Photos – January 10, 2022 C - Inspection Photos – March 15, 2022 D - Notice of Violation – April 12, 2022 E - Inspection Photos – June 3, 2022 F - Administrative Citations (June 3, 2022, June 6, 2022, June 16, 2022) G - Inspection Photos – November 15, 2022 H - Inspection Photos – March 15, 2022 I - Inspection Photos – May through August 2022 J - Administrative Citations, Daily Fines (July 13, 2023, August 10, 2023) K - Site Inspection Request – October 17, 2023 L - Notice of Violation – October 26, 2023 M - Inspection Photos – October 26, 2023 N - Inspection Photos – February and May 2023 O - Proof of posting and service of Notice of Public Hearing Page 380 of 440 R _____ RESOLUTION NO. _______ (2024 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, DECLARING THAT THE PROPERTY LOCATED AT 205 CASA STREET AND 1067 MURRAY AVENUE CONSTITUTES A PUBLIC NUISANCE, AND ORDERING THE ABATEMENT OF SAME WHEREAS, the City Council of the City of San Luis Obispo held a public hearing in the Council Chambers of City Hall, 990 Palm Street, San Luis Obispo, California and determined a public nuisance exists upon certain premises situated in said City known and designated as 205 Casa Street and 1067 Murray Avenue, and more particularly described as Lot 8, Isabel Tract, and shown as Assessor's Parcel No. 001-031-016 in the County of San Luis Obispo (the “Property”); and WHEREAS, the nuisance consists of the following such that a serious and ongoing health and life-safety hazard is presented: unsecured vacant structures and land, accumulation of trash and debris, overgrown vegetation, and substandard, dangerous structural elements; and WHEREAS, methods of abatement of the property would include; removal of any items, trash or debris constituting a fire and/or health hazard, removal of any overgrown vegetation, rehabilitation, repair, or demolition of the premises, or other appropriate action; and WHEREAS, if the property owner does not voluntarily and timely comply, abatement would be completed by the City and all costs would be borne by the property owner and would constitute a lien upon such premises until full payment is received. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. The City Council adopts the following findings in support of a declaration that a public nuisance exists at 205 Casa Street/1067 Murray Avenue: 1. City Code Enforcement staff have observed code violations at the Property since January 2022, and, based on those observations, believe it to have been abandoned since that date or earlier. 2. A Notice of Violation was issued to Property Owner Diller Ryan (Property Owner) in March 2022 for violations of the International Property Maintenance Code for maintenance of vacant structures and premises, accumulation of rubbish, and damage to exterior walls, doors and stairway elements. 3. The Property conditions continued to decline and in June 2022, staff observed compromised exterior entry points including broken and opened windows and doors and other evidence that the property was being used or occupied by trespassing individuals. Page 381 of 440 Resolution No. _____ (2024 Series) Page 2 R _____ 4. Despite property owner clearing vegetation and debris from the Property between July and November 2022, violations related to damaged siding, doors, windows and stairway remained (and remain) unaddressed. 5. During an inspection of the Property in November 2022, staff observed indication of continued unauthorized use or occupation of the Property and other deteriorating conditions including that the garage doors had been compromised, windows were broken, door hardware was missing, and debris had reaccumulated. 6. Between March and August 2023, Code Enforcement staff issued additional administrative citations and assessed fines totaling $42,000. Although Property Owner made contact with staff at this point and expressed frustration over trespassing individuals, he at no point remedied the outstanding code violations. 7. On October 17, 2023, out of concern for the safety of the interior of the structure and evidence of unauthorized occupation, Code Enforcement staff requested an inspection of the interior of the property, but Property Owner failed to respond. 8. In October 2023, the property was posted as unsafe to occupy based on observations of San Luis Obispo Police Department officers and conditions observable from the public right of way. 9. On October 26, 2023, staff observed no progress towards compliance and issued a subsequent Notice to the Property Owner ordering the vacation and boarding of all structures. 10. By November 30th, 2023, the Chief Building Official (CBO) and Code Enforcement Officer observed conditions that were determined to be imminent dangers, such as structurally unsound stairs, missing door hardware, collapsed ceiling and electrical hazards. Staff concluded that these hazards were all related to the unsecured nature of the structure. The conditions presented an unmitigated, imminent danger to the life and health of entrants to the structure and surrounding neighbors. 11. On December 4, 2023, staff notified the Property Owner via voicemail that the structures were to be declared dangerous buildings by order of the Chief Building Official and that the structures were to be boarded by the City. 12. As a result of the imminent danger associated with th e structures, on December 5, 2023, the CBO authorized, through contracted services, the installation of temporary safeguards including disconnection of electrical services and physical boarding of all entry points in compliance with the Boarding Standards found in Appendix A of the International Property Maintenance C ode (IPMC) to prevent harm caused by further entry upon the dangerous property. 13. Property Owner has failed to resolve the code violations, and because the exterior areas of the Property remain open to the public, furniture and other debris continues to be dumped on the site. 14. The deteriorated state of the Property and continued property maintenance violations meet the criteria for the existence of a public nuisance under 8.24.020(A)-(B.) Page 382 of 440 Resolution No. _____ (2024 Series) Page 3 R _____ SECTION 2: Determination and Order. Based upon evidence presented at the public hearing and the findings stated above, the City Council declares that a public nuisance exists at 205 Casa Street/1067 Murray Avenue. If the same is not promptly abated as follows by the owner of said premises within 30 days from this date, said nuisance may be abated by municipal authorities by removal or other appropriate action, the cost of which will constitute a lien upon such premises until paid. 1. Weed abatement for the entire lot. 2. Trash removal for the entire lot. 3. Safety pruning of all trees including lifting and pushing back out of City right of way. 4. Trimming of all bushes and shrubs/ pushing back out of City right of way. 5. Install perimeter fencing to prevent further unauthorized access to the lot and structures. SECTION 3. Environmental Review. The action to declare this property a public nuisance and order abatement is exempt from the California Environmental Quality Act (CEQA) under Section 15321 (enforcement actions by regulatory agencies.) The act ion to install a perimeter fence and nuisance abatement measures are exempt from CEQA under Section 15301 (existing facilities) and Section 15601 (no possibility that the activity in question may have a significant effect on the environment.) Page 383 of 440 Resolution No. _____ (2024 Series) Page 4 R _____ SECTION 4. The City Clerk is directed to provide a copy of this resolution ordering the abatement of the nuisance to the property owner as required by San Luis Obispo Municipal Code Sections 8.24.110. Upon motion of Council Member ___________, seconded by Council Me mber ___________, and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this _____ day of _______________ 202 4. ___________________________ Mayor Erica A. Stewart ATTEST: ____________________________ Teresa Purrington, City Clerk APPROVED AS TO FORM: ____________________________ J. Christine Dietrick, City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on ______________________. ___________________________ Teresa Purrington, City Clerk Page 384 of 440 Page 385 of 440 Page 386 of 440 Page 387 of 440 Page 388 of 440 Notice to Correct Code Violation(s)/Notice of Violation (Courtesy Warning Prior to Issuance of Administrative Citation) April 12, 2022 Ryan Diller PO Box 863 San Luis Obispo, CA 93406 SUBJECT ADDRESS: 205 Casa Street, San Luis Obispo, CA 93405 APN: 001-031-016 Code Case #: CODE-15-2022 Dear Property Owner, On March 22, 2022, City of San Luis Obispo Community Development Department staff noted the following violations of the San Luis Obispo Municipal Code or other relevant codes at the above listed address: 1. Vacant Structures and Land (SLOMC 15.02.010, International Property Maintenance Code 301.3 “Vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety.” The vacant property is in violation of health and safety standards as outlined below. 2. Accumulation of Rubbish or Garbage (SLOMC 15.02.010, IPMC 308.1) “Exterior property and premises, and the interior of every structure, shall be free from any accumulation of rubbish or garbage.” Trash and debris are spread out on the property. Items shall be cleaned up and disposed of or stored properly. 3. Exterior Walls (SLOMC 15.02.010, IPMC 304.6) “Exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration.” Sections of the exterior siding are damaged or missing. Repairs shall be made to ensure proper weatherproofing. 4. Exterior Doors (SLOMC 15.02.010, IPMC 304.15) “Exterior doors, door assemblies, operator systems if provided, and hardware shall be maintained in good condition. Locks at all entrances to dwelling units and sleeping units shall tightly secure the door. Locks on means of egress doors shall be in accordance with section 702.3.” Multiple exterior doors are damaged and in need of repair/replacement. Page 389 of 440 5. Handrails and Guards (SLOMC 15.02.010, IPMC 304.12) “Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition.” The exterior stair railing and guard is missing, posing a safety hazard. The railing and guard shall be replaced. A permit is required for the repair. We request that you voluntarily take action to correct the above noted violation(s) no later than May 12, 2022. These violations constitute a public nuisance and must be abated. Failure to correct the violation(s) by the specified date will result in the issuance of an Administrative Citation requiring payment of FINES in accordance with SLOMC Chapter 1.24. For Municipal Code violations that remain uncorrected after issuance of an Administrative Citation, the City may seek enforcement by other civil or criminal remedies. Any person having a title interest in the property may request a Director’s review of this Notice by completing the enclosed Request for Director’s Review Form and submitting it to the Community Development Department, 919 Palm Street, San Luis Obispo, CA 93406, within five (5) days of the date of this Notice. This Notice shall be deemed final unless you timely file a Request for Director’s Review. We look forward to working with you to resolve these violations and would like to thank you for your efforts to maintain your property and to help preserve the safety and beauty of our community. If you have questions, please contact the undersigned Officer at (805) 783-7841 or ssheats@slocity.org. Sincerely, ____________________________ Steve Sheats, Code Enforcement Officer Cc: File Enclosures: Request for Directors Review Page 390 of 440 Page 391 of 440 Page 392 of 440 Page 393 of 440 Page 394 of 440 Citation No.: 28617 ADMINISTRATIVE CITATION AND ORDER TO COMPLY WITH SAN LUIS OBISPO MUNICIPAL CODE 1st Citation 2nd Citation 3rd Citation Additional / Daily Fines ADDRESS OF VIOLATION: 205 Casa Street, San Luis Obispo, CA 93405 APN: 001-031-016 DATE OF VIOLATION: June 2, 2022 NAME: Ryan Diller ADDRESS: PO Box 863, San Luis Obispo, CA 93406 PURSUANT TO CHAPTER 1.24 OF THE SAN LUIS OBISPO MUNICIPAL CODE, YOU ARE HEREBY ORDERED TO IMMEDIATELY CORRECT THE VIOLATION(S) DESCRIBED BELOW AND PAY THE FINE. YOU ARE FURTHER ORDERED TO CEASE THE ACTIVITY GIVING RISE TO THE VIOLATION. WHEN CORRECTIONS ARE COMPLETE PLEASE SCHEDULE AN INSPECTION BY CALLING (805)781-7180. TO AVOID ADDITIONAL FINES COMPLIANCE MUST BE VERIFIED BY DEPARTMENT STAFF. IF DAILY FINES APPLY AS NOTED ABOVE, THE FINES SHALL ACCRUE DAILY UNTIL THE VIOLATION(S) ARE CORRECTED. FAILURE TO CORRECT THE VIOLATION(S) WILL RESULT IN THE ISSUANCE OF ADDITIONAL ADMINISTRATIVE CITATIONS AND ESCALATING FINES OR OTHER ENFORCEMENT ACTION. CODE SECTION DESCRIPTION OF VIOLATION FINE MC § 15.02.010 IPMC § 308.1 Accumulation of Rubbish or Garbage $100 MC § 15.02.010 IPMC § 304.6 Exterior Walls $100 MC § 15.02.010 IPMC § 304.15 Exterior Doors $100 MC § 15.02.010 IPMC § 304.12 Handrails and Guards $100 Amount Due $400 Failure to pay the fines may result in the suspension of any pending applications or permits. Unpaid fines become delinquent after 30 days and are subject to interest accrual of 8% per month as contained in SLOMC 1.24.070 C. The City may pursue all legal, equitable, and administrative remedies for the collection of unpaid civil administrative fines. Delinquent fines will be forwarded to a collection agency for payment. Mail Payments to: City of San Luis Obispo, Community Development Department 919 Palm Street, San Luis Obispo, CA 93401 You may file an APPEAL of this Administrative Citation by submitting a request in writing to the Hearing Administrator within ten days of the date this Administrative Citation is issued as shown below. Each responsible party is individually required to file an appeal. FAILURE TO FILE AN APPEAL WILL WAIVE YOUR RIGHT TO CONTEST THIS CITATION. Please see the attached Appeal Form for more information. Page 395 of 440 [Type text] Mail Appeals to: City of San Luis Obispo, City Clerk 990 Palm Street, San Luis Obispo, CA 93401 Issued By: Steve Sheats Signature: Title: Code Enforcement Officer RELATED CE CASE: CODE-15-2022 DATE CITATION ISSUED: June 3, 2022 Page 396 of 440 Citation No.: 28718 ADMINISTRATIVE CITATION AND ORDER TO COMPLY WITH SAN LUIS OBISPO MUNICIPAL CODE 1st Citation 2nd Citation 3rd Citation Additional / Daily Fines ADDRESS OF VIOLATION: 205 Casa Street, San Luis Obispo, CA 93405 APN: 001-031-016 DATE OF VIOLATION: June 9, 2022 NAME: Ryan Diller ADDRESS: PO Box 863, San Luis Obispo, CA 93406 PURSUANT TO CHAPTER 1.24 OF THE SAN LUIS OBISPO MUNICIPAL CODE, YOU ARE HEREBY ORDERED TO IMMEDIATELY CORRECT THE VIOLATION(S) DESCRIBED BELOW AND PAY THE FINE. YOU ARE FURTHER ORDERED TO CEASE THE ACTIVITY GIVING RISE TO THE VIOLATION. WHEN CORRECTIONS ARE COMPLETE PLEASE SCHEDULE AN INSPECTION BY CALLING (805)781-7180. TO AVOID ADDITIONAL FINES COMPLIANCE MUST BE VERIFIED BY DEPARTMENT STAFF. IF DAILY FINES APPLY AS NOTED ABOVE, THE FINES SHALL ACCRUE DAILY UNTIL THE VIOLATION(S) ARE CORRECTED. FAILURE TO CORRECT THE VIOLATION(S) WILL RESULT IN THE ISSUANCE OF ADDITIONAL ADMINISTRATIVE CITATIONS AND ESCALATING FINES OR OTHER ENFORCEMENT ACTION. CODE SECTION DESCRIPTION OF VIOLATION FINE MC § 15.02.010 IPMC § 308.1 Accumulation of Rubbish or Garbage $500 MC § 15.02.010 IPMC § 304.6 Exterior Walls $500 MC § 15.02.010 IPMC § 304.15 Exterior Doors $500 MC § 15.02.010 IPMC § 304.12 Handrails and Guards $500 Amount Due $2000 Failure to pay the fines may result in the suspension of any pending applications or permits. Unpaid fines become delinquent after 30 days and are subject to interest accrual of 8% per month as contained in SLOMC 1.24.070 C. The City may pursue all legal, equitable, and administrative remedies for the collection of unpaid civil administrative fines. Delinquent fines will be forwarded to a collection agency for payment. Mail Payments to: City of San Luis Obispo, Community Development Department 919 Palm Street, San Luis Obispo, CA 93401 You may file an APPEAL of this Administrative Citation by submitting a request in writing to the Hearing Administrator within ten days of the date this Administrative Citation is issued as shown below. Each responsible party is individually required to file an appeal. FAILURE TO FILE AN APPEAL WILL WAIVE YOUR RIGHT TO CONTEST THIS CITATION. Please see the attached Appeal Form for more information. Page 397 of 440 [Type text] Mail Appeals to: City of San Luis Obispo, City Clerk 990 Palm Street, San Luis Obispo, CA 93401 Issued By: Steve Sheats Signature: Title: Code Enforcement Officer RELATED CE CASE: CODE-15-2022 DATE CITATION ISSUED: June 9, 2022 Page 398 of 440 Citation No.: 28880 ADMINISTRATIVE CITATION AND ORDER TO COMPLY WITH SAN LUIS OBISPO MUNICIPAL CODE 1st Citation 2nd Citation 3rd Citation Additional / Daily Fines ADDRESS OF VIOLATION: 205 Casa Street, San Luis Obispo, CA 93405 APN: 001-031-016 DATE OF VIOLATION: June 16, 2022 NAME: Ryan Diller ADDRESS: PO Box 863, San Luis Obispo, CA 93406 PURSUANT TO CHAPTER 1.24 OF THE SAN LUIS OBISPO MUNICIPAL CODE, YOU ARE HEREBY ORDERED TO IMMEDIATELY CORRECT THE VIOLATION(S) DESCRIBED BELOW AND PAY THE FINE. YOU ARE FURTHER ORDERED TO CEASE THE ACTIVITY GIVING RISE TO THE VIOLATION. WHEN CORRECTIONS ARE COMPLETE PLEASE SCHEDULE AN INSPECTION BY CALLING (805)781-7180. TO AVOID ADDITIONAL FINES COMPLIANCE MUST BE VERIFIED BY DEPARTMENT STAFF. IF DAILY FINES APPLY AS NOTED ABOVE, THE FINES SHALL ACCRUE DAILY UNTIL THE VIOLATION(S) ARE CORRECTED. FAILURE TO CORRECT THE VIOLATION(S) WILL RESULT IN THE ISSUANCE OF ADDITIONAL ADMINISTRATIVE CITATIONS AND ESCALATING FINES OR OTHER ENFORCEMENT ACTION. CODE SECTION DESCRIPTION OF VIOLATION FINE MC § 15.02.010 IPMC § 308.1 Accumulation of Rubbish or Garbage $1000 MC § 15.02.010 IPMC § 304.6 Exterior Walls $1000 MC § 15.02.010 IPMC § 304.15 Exterior Doors $1000 MC § 15.02.010 IPMC § 304.12 Handrails and Guards $1000 Amount Due $4000 Failure to pay the fines may result in the suspension of any pending applications or permits. Unpaid fines become delinquent after 30 days and are subject to interest accrual of 8% per month as contained in SLOMC 1.24.070 C. The City may pursue all legal, equitable, and administrative remedies for the collection of unpaid civil administrative fines. Delinquent fines will be forwarded to a collection agency for payment. Mail Payments to: City of San Luis Obispo, Community Development Department 919 Palm Street, San Luis Obispo, CA 93401 You may file an APPEAL of this Administrative Citation by submitting a request in writing to the Hearing Administrator within ten days of the date this Administrative Citation is issued as shown below. Each responsible party is individually required to file an appeal. FAILURE TO FILE AN APPEAL WILL WAIVE YOUR RIGHT TO CONTEST THIS CITATION. Please see the attached Appeal Form for more information. Page 399 of 440 Mail Appeals to: City of San Luis Obispo, City Clerk 990 Palm Street, San Luis Obispo, CA 93401 Issued By: Steve Sheats Signature: Title: Code Enforcement Officer RELATED CE CASE: CODE-15-2022 DATE CITATION ISSUED: June 16, 2022 Page 400 of 440 Page 401 of 440 Page 402 of 440 Page 403 of 440 Page 404 of 440 Page 405 of 440 Page 406 of 440 Page 407 of 440 Page 408 of 440 Page 409 of 440 Page 410 of 440 Page 411 of 440 Page 412 of 440 Page 413 of 440 Page 414 of 440 Citation No.: 00032626 ADMINISTRATIVE CITATION AND ORDER TO COMPLY WITH SAN LUIS OBISPO MUNICIPAL CODE 1st Citation 2nd Citation 3rd Citation Additional / Daily Fines ADDRESS OF VIOLATION: 205 Casa Street, San Luis Obispo, CA 93405 APN: 001-031-016 DATE OF VIOLATION: July 13, 2022 NAME: Diller Ryan ADDRESS: PO Box 863, San Luis Obispo, CA 93406 PURSUANT TO CHAPTER 1.24 OF THE SAN LUIS OBISPO MUNICIPAL CODE, YOU ARE HEREBY ORDERED TO IMMEDIATELY CORRECT THE VIOLATION(S) DESCRIBED BELOW AND PAY THE FINE. YOU ARE FURTHER ORDERED TO CEASE THE ACTIVITY GIVING RISE TO THE VIOLATION. WHEN CORRECTIONS ARE COMPLETE PLEASE SCHEDULE AN INSPECTION BY CALLING (805)781-7180. TO AVOID ADDITIONAL FINES COMPLIANCE MUST BE VERIFIED BY DEPARTMENT STAFF. IF DAILY FINES APPLY AS NOTED ABOVE, THE FINES SHALL ACCRUE DAILY UNTIL THE VIOLATION(S) ARE CORRECTED. FAILURE TO CORRECT THE VIOLATION(S) WILL RESULT IN THE ISSUANCE OF ADDITIONAL ADMINISTRATIVE CITATIONS AND ESCALATING FINES OR OTHER ENFORCEMENT ACTION. CODE SECTION DESCRIPTION OF VIOLATION FINE MC § 15.02.010 IPMC § 304.6 Exterior Walls $7000 MC § 15.02.010 IPMC § 304.15 Exterior Doors $7000 MC § 15.02.010 IPMC § 304.12 Handrails and Guards $7000 Amount Due $21000 Failure to pay the fines may result in the suspension of any pending applications or permits. Unpaid fines become delinquent after 30 days and are subject to interest accrual of 8% per month as contained in SLOMC 1.24.070 C. The City may pursue all legal, equitable, and administrative remedies for the collection of unpaid civil administrative fines. Delinquent fines will be forwarded to a collection agency for payment. Mail Payments to: City of San Luis Obispo, Community Development Department 919 Palm Street, San Luis Obispo, CA 93401 You may file an APPEAL of this Administrative Citation by submitting a request in writing to the Hearing Administrator within ten days of the date this Administrative Citation is issued as shown below. Each responsible party is individually required to file an appeal. FAILURE TO FILE AN APPEAL WILL WAIVE YOUR RIGHT TO CONTEST THIS CITATION. Please see the attached Appeal Form for more information. Page 415 of 440 Mail Appeals to: City of San Luis Obispo, City Clerk 990 Palm Street, San Luis Obispo, CA 93401 Issued By: Steve Sheats Signature: Title: Code Enforcement Officer RELATED CE CASE: CODE-000015-2022 DATE CITATION ISSUED: July 13, 2023 Page 416 of 440 Citation No.: 00032936 ADMINISTRATIVE CITATION AND ORDER TO COMPLY WITH SAN LUIS OBISPO MUNICIPAL CODE 1st Citation 2nd Citation 3rd Citation Additional / Daily Fines ADDRESS OF VIOLATION: 205 Casa Street, San Luis Obispo, CA 93405 APN: 001-031-016 DATE OF VIOLATION: August 4-10, 2023 NAME: Diller Ryan ADDRESS: PO Box 863, San Luis Obispo, CA 93406 PURSUANT TO CHAPTER 1.24 OF THE SAN LUIS OBISPO MUNICIPAL CODE, YOU ARE HEREBY ORDERED TO IMMEDIATELY CORRECT THE VIOLATION(S) DESCRIBED BELOW AND PAY THE FINE. YOU ARE FURTHER ORDERED TO CEASE THE ACTIVITY GIVING RISE TO THE VIOLATION. WHEN CORRECTIONS ARE COMPLETE PLEASE SCHEDULE AN INSPECTION BY CALLING (805)781-7180. TO AVOID ADDITIONAL FINES COMPLIANCE MUST BE VERIFIED BY DEPARTMENT STAFF. IF DAILY FINES APPLY AS NOTED ABOVE, THE FINES SHALL ACCRUE DAILY UNTIL THE VIOLATION(S) ARE CORRECTED. FAILURE TO CORRECT THE VIOLATION(S) WILL RESULT IN THE ISSUANCE OF ADDITIONAL ADMINISTRATIVE CITATIONS AND ESCALATING FINES OR OTHER ENFORCEMENT ACTION. CODE SECTION DESCRIPTION OF VIOLATION FINE MC § 15.02.010 IPMC § 304.6 Exterior Walls $7000 MC § 15.02.010 IPMC § 304.15 Exterior Doors $7000 MC § 15.02.010 IPMC § 304.12 Handrails and Guards $7000 Amount Due $21000 Failure to pay the fines may result in the suspension of any pending applications or permits. Unpaid fines become delinquent after 30 days and are subject to interest accrual of 8% per month as contained in SLOMC 1.24.070 C. The City may pursue all legal, equitable, and administrative remedies for the collection of unpaid civil administrative fines. Delinquent fines will be forwarded to a collection agency for payment. Mail Payments to: City of San Luis Obispo, Community Development Department 919 Palm Street, San Luis Obispo, CA 93401 You may file an APPEAL of this Administrative Citation by submitting a request in writing to the Hearing Administrator within ten days of the date this Administrative Citation is issued as shown below. Each responsible party is individually required to file an appeal. FAILURE TO FILE AN APPEAL WILL WAIVE YOUR RIGHT TO CONTEST THIS CITATION. Please see the attached Appeal Form for more information. Page 417 of 440 Mail Appeals to: City of San Luis Obispo, City Clerk 990 Palm Street, San Luis Obispo, CA 93401 Issued By: Steve Sheats Signature: Title: Code Enforcement Officer RELATED CE CASE: CODE-000015-2022 DATE CITATION ISSUED: August 10, 2023 Page 418 of 440 City of San Luis Obispo, Community Development, 919 Palm Street, San Luis Obispo, CA, 93401-3218, 805.781.7170, slocity.org SITE INSPECTION REQUEST October 17, 2023 Diller Ryan 1067 Murray Avenue San Luis Obispo, CA 93405 RE: 1067 Murray & 205 Casa Street (APN 001-031-016), San Luis Obispo, CA 93405 This Department has observed that the subject property is possibly in violation of the San Luis Obispo Municipal Code (SLOMC). Please be advised that the San Luis Obispo Municipal Code reads as follows relative to the report violation(s): Reported Violation: 1. Unsafe Structure (SLOMC 15.02.010 International Property Maintenance Code 108.1) “When a structure or equipment is found by the code official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure shall be condemned pursuant to the provisions of this code.” Comments: Our department has received concerns from the public and from law enforcement over the interior conditions of the residence. I would like to conduct an interior inspection of both residences to determine if a violation exists. Please contact me on or before October 28, 2023, to schedule an appointment for an inspection. Failure to contact us by this date may result in formal enforcement action. Sincerely, Steve Sheats Code Enforcement Officer (805) 783-7841 ssheats@slocity.org Page 419 of 440 Page 420 of 440 Notice to Correct Code Violation(s)/Notice of Violation (Courtesy Warning Prior to Issuance of Administrative Citation) October 26, 2023 Diller Ryan PO Box 863 San Luis Obispo, CA 93406 SUBJECT ADDRESS: 1067 Murray Avenue/205 Casa Street, San Luis Obispo, CA 93405 APN: 001-031-016 Code Case #: CODE-000015-2022 Dear Property Owner, On October 19, 2023, City of San Luis Obispo Community Development Department staff noted the following violations of the San Luis Obispo Municipal Code or other relevant codes at the above listed address: 1. Closing of Vacant Structures (SLOMC 15.02.130, International Property Maintenance Code 111.2 ) “If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the code official is authorized to post a placard of condemnation on the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner or owner’s authorized agent to close up the premises within the time specified in the order, the code official shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and shall be collected by any other legal resource. 111.2.1 Authority to Disconnect Service Utilities The code official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this code and the referenced standards set forth in Section 102.8 in case of emergency where necessary to eliminate an immediate hazard to life or property or where such utility connection has been made without approval. The code official shall notify the serving utility and, whenever possible, the owner or owner’s authorized agent and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnection the owner, owner’s authorized agent or occupant of the building structure or service system shall be notified in writing as soon as practical thereafter. The structures have been posted as uninhabitable due to substandard and dangerous conditions. The structures are an attractive nuisance to the public and are constantly being subjected to trespassing and other criminal activities. The structures shall be boarded up in compliance with the attached standards. The electrical service being active is an attraction for individuals to occupy the building. Once the building is properly boarded, the utilities shall be disconnected. If not done voluntarily, the Building Official will be ordering the utilities to be stopped to help deter further trespassing. Page 421 of 440 We request that you voluntarily take action to correct the above noted violation(s) no later than November 10, 2023. These violations constitute a public nuisance and must be abated. Failure to correct the violation(s) by the specified date will result in the issuance of an Administrative Citation requiring payment of FINES in accordance with SLOMC Chapter 1.24. For Municipal Code violations that remain uncorrected after issuance of an Administrative Citation, the City may seek enforcement by other civil or criminal remedies. Any person having a title interest in the property may request a Director’s review of this Notice by completing the enclosed Request for Director’s Review Form and submitting it to the Community Development Department via email at code@slocity.org or to 919 Palm Street, San Luis Obispo, CA 93401, within five (5) days of the date of this Notice. This Notice shall be deemed final unless you timely file a Request for Director’s Review. We look forward to working with you to resolve these violations and would like to thank you for your efforts to maintain your property and to help preserve the safety and beauty of our community. If you have questions, please contact the undersigned Officer at (805) 783-7841 or ssheats@slocity.org. Sincerely, ____________________________ Steve Sheats, Code Enforcement Officer Cc: File Enclosures: Request for Directors Review Page 422 of 440 Page 423 of 440 Page 424 of 440 Page 425 of 440 Page 426 of 440 Page 427 of 440 Page 428 of 440 Page 429 of 440 Page 430 of 440 Page 431 of 440 Page 432 of 440 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■Complete Items 1, 2, and 3. ■ Print your name and address on the reverseso that we can return the card to you. ■ Attach this card to the back of the mailpiece,or on the front if space permits. A.SJgnature X 1. Article Addressed to:D. I Ivery aadress different from Item 1? Vivvfl..­?o tSu-,. If YES, enter dellve,y address below: s�,, cf>r 3. Service TypeIIIIIIIII IIII IIIIII III II II II 1111 1111 1111111 111 ==R�CMdDelwery -::----:--::-:-9--:5..,.9 _0..,.9_4-:0::-2_6.:,_8,:...0::.,9::.....:1-=0 ..:.7....:4....:6:..4.:...4.:..:2:.....:..1 .:::.6 __ --f g �:���t!,� De!Nery !) Art1.-, .. l\h 1rnh0r rr,,,,,.,,..,. frnm _.,,,n,;,.,, ,,.,,,,,. D Collect on Delivery Restricted Deliver, 7019 0700 0001 5404 7 9 6 8 :: Reslllcted Delivery D Priority Mall Express® D Reglster8d MaJITII D �ered Mall Reslticted □ Signature Confirmation"' D Signature Confirmallon Restrtcted Delivery PS Form 3811, July 2020 PSN 7530-02-000-9053 Domestic Return Receipt Page 433 of 440 Page 434 of 440 PUBLIC HEARING 205 Casa Street & 1067 Murray Avenue NUISANCE ABATEMENT Recommendation Adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, declaring that the property at 205 Casa Street and 1067 Murray Avenue constitutes a public nuisance, and ordering abatement of same.” (30-day compliance period) Previous and Future Council Involvement May 21, 2024 Council adopted Resolution # 11494 declaring that 205 Casa Street & 1067 Murray Avenue may constitute a public nuisance and setting a public hearing for determination. July 2, 2020 Public hearing to determine if a public nuisance exits. After Decision •Compliance period •Abatement •Statement of abatement costs 205 Casa Street & 1067 Murray Avenue Parcel # 001-031-016 Zone: Office (O) Lot Size: 6,120 square feet Structure Characteristics: Duplex•Single-story residence•Two -story residence with attached two car garage Authority for Nuisance Abatement CA Civil Code Division 4, Part 3, Title 2 § 3490-3496: 3491. The remedies against a public nuisance are: 1.Indictment or information; 2.A civil action; or, 3.Abatement. 3494. A public nuisance may be abated by any public body or officer authorized thereto by law. CA Government Code Title 4, Division 3, Part 2, Chapter 10, Article 6 (Nuisances) § 38771-38775: 38771. By ordinance the city legislative body may declare what constitutes a nuisance. 38773. The legislative body may provide for the summary abatement of any nuisance at the expense of the persons creating, causing, committing, or maintaining it and by ordinance may make the expense of abatement of nuisances a lien against the property on which it is maintained and a personal obligation against the property owner, in accordance with Section 38773.1 or 38773.5. Authority for Nuisance Abatement San Luis Obispo Municipal Code Section 8.24 – Process for abatement of public nuisances Nuisances include: A.Any structure, as defined in the Building Code, which exists, or which is maintained or used upon any premises in violation of any requirement or prohibition of any law, ordinance or permit, including, without limitation, requirements or prohibitions related to location, construction, condition, maintenance, use, or time period limitation. B.Any premises upon which there exists any condition, thing or use in violation of any requirement or prohibition of any law, ordinance or permit related to the condition, maintenance or use of the premises. C.Any unlawful encroachment which obstructs or interferes with the free passage or use by the public of any public sidewalk, street, alley or right-of- way. D.The occurrence of more than two loud or unruly assemblages in any sixty-day period that threatens the public peace, health, safety or general welfare and requires a police response to control the threat to the public peace, health, safety, or general welfare. The determination of a public nuisance under this subsection shall expire eighteen months after the date of the resolution ordering abatement as set forth in Section 8.24.110 of this chapter. E.As applied to this chapter, the determination of a “response” will be when the police department responds to a location, observes a violation of applicable state or municipal violations, and the tenant is issued a disturbance advisement card, a citation, or is arrested for the applicable violation. F.Anything constituting a public nuisance as specifically defined or declared by any other law or ordinance. Violations •Unmaintained & unsecured vacant structures and land (SLOMC 15.02.010, IPMC 301.3) •Accumulation of rubbish or garbage (SLOMC § 15.02.010, IPMC 308.1) •Missing and damaged exterior walls (SLOMC 15.02.010, IPMC 304.6) •Damaged exterior doors (SLOMC 15.02.010, IPMC 304.15) •Missing handrails and guards (SLOMC 15.02.010, IPMC 304.12) Case History January 7, 2022 Initial Report January 10, 2022 Initial Inspection* March 2022 Additional Inspections* April 12, 2022 Notice of Violation June 3, 2022 1st Citation June 9, 2022 2nd Citation June 16, 2022 3rd Citation June 23, 2022 Warning letter sent for daily citations June 27, 2022 First Contact from Property Owner August 12, 2022 Additional Contact from property owner August 23, 2022 Received concerns from PD regarding squatters September 20, 2022 Met property owner on site – cleanup in process December 1, 2022 Exterior of property cleaned up March 15, 2023 Inspection found further deterioration* June 6, 2023 Inspection found remaining violations – Issues have migrated to neighboring property* June 6, 2023 Left voicemail for property owner June 14, 2023 Spoke with property owner – Advised of continuing violations and potential for abatement July 13. 2023 4th Citation – Daily fines totaling $21,000 July 2023 Inspection – violations remain* August 10, 2023 5th Citation – Daily fines totaling $21,000 October 17, 2023 Site inspection request sent to property owner October 19, 2023 PD entered structure - reported as uninhabitable. Structures posted unsafe to occupy. October 26, 2023 Notice & Order to vacate and secure structures. December 4, 2023 Left voicemail for property owner advising structure will be secured due to imminent danger December 5, 2023 Work to secure structure by contractor started. Property owner advised of process via phone February 20. 2024 Additional inspection found debris dumped on site* May 1, 2024 Property owner advised of potential abatement via phone and mailing May 2024 Additional inspection found more debris dumped and overgrown vegetation* May 21, 2024 Date set for public hearing by Council June 3, 2024 Property owner advised staff that some cleanup has occurred – will fence the property June 6, 2024 Property owner declined request for a meeting/interior inspection via phone June 6, 2024 Notice of public hearing posted and mailed. 9 10 Case History January 7, 2022 Initial Report January 10, 2022 Initial Inspection* March 2022 Additional Inspections* April 12, 2022 Notice of Violation June 3, 2022 1st Citation June 9, 2022 2nd Citation June 16, 2022 3rd Citation June 23, 2022 Warning letter sent for daily citations June 27, 2022 First Contact from Property Owner August 12, 2022 Additional Contact from property owner August 23, 2022 Received concerns from PD regarding squatters September 20, 2022 Met property owner on site – cleanup in process December 1, 2022 Exterior of property cleaned up March 15, 2023 Inspection found further deterioration* June 6, 2023 Inspection found remaining violations – Issues have migrated to neighboring property* June 6, 2023 Left voicemail for property owner June 14, 2023 Spoke with property owner – Advised of continuing violations and potential for abatement July 13. 2023 4th Citation – Daily fines totaling $21,000 July 2023 Inspection – violations remain* August 10, 2023 5th Citation – Daily fines totaling $21,000 October 17, 2023 Site inspection request sent to property owner October 19, 2023 PD entered structure - reported as uninhabitable. Structures posted unsafe to occupy. October 26, 2023 Notice & Order to vacate and secure structures. December 4, 2023 Left voicemail for property owner advising structure will be secured due to imminent danger December 5, 2023 Work to secure structure by contractor started. Property owner advised of process via phone February 20. 2024 Additional inspection found debris dumped on site* May 1, 2024 Property owner advised of potential abatement via phone and mailing May 2024 Additional inspection found more debris dumped and overgrown vegetation* May 21, 2024 Date set for public hearing by Council June 3, 2024 Property owner advised staff that some cleanup has occurred – will fence the property June 6, 2024 Property owner declined request for a meeting/interior inspection via phone June 6, 2024 Notice of public hearing posted and mailed. 12 13 Case History January 7, 2022 Initial Report January 10, 2022 Initial Inspection* March 2022 Additional Inspections* April 12, 2022 Notice of Violation June 3, 2022 1st Citation June 9, 2022 2nd Citation June 16, 2022 3rd Citation June 23, 2022 Warning letter sent for daily citations June 27, 2022 First Contact from Property Owner August 12, 2022 Additional Contact from property owner August 23, 2022 Received concerns from PD regarding squatters September 20, 2022 Met property owner on site – cleanup in process December 1, 2022 Exterior of property cleaned up March 15, 2023 Inspection found further deterioration* June 6, 2023 Inspection found remaining violations – Issues have migrated to neighboring property* June 6, 2023 Left voicemail for property owner June 14, 2023 Spoke with property owner – Advised of continuing violations and potential for abatement July 13. 2023 4th Citation – Daily fines totaling $21,000 July 2023 Inspection – violations remain* August 10, 2023 5th Citation – Daily fines totaling $21,000 October 17, 2023 Site inspection request sent to property owner October 19, 2023 PD entered structure - reported as uninhabitable. Structures posted unsafe to occupy. October 26, 2023 Notice & Order to vacate and secure structures. December 4, 2023 Left voicemail for property owner advising structure will be secured due to imminent danger December 5, 2023 Work to secure structure by contractor started. Property owner advised of process via phone February 20. 2024 Additional inspection found debris dumped on site* May 1, 2024 Property owner advised of potential abatement via phone and mailing May 2024 Additional inspection found more debris dumped and overgrown vegetation* May 21, 2024 Date set for public hearing by Council June 3, 2024 Property owner advised staff that some cleanup has occurred – will fence the property June 6, 2024 Property owner declined request for a meeting/interior inspection via phone June 6, 2024 Notice of public hearing posted and mailed. 15 Case History January 7, 2022 Initial Report January 10, 2022 Initial Inspection* March 2022 Additional Inspections* April 12, 2022 Notice of Violation June 3, 2022 1st Citation June 9, 2022 2nd Citation June 16, 2022 3rd Citation June 23, 2022 Warning letter sent for daily citations June 27, 2022 First Contact from Property Owner August 12, 2022 Additional Contact from property owner August 23, 2022 Received concerns from PD regarding squatters September 20, 2022 Met property owner on site – cleanup in process December 1, 2022 Exterior of property cleaned up March 15, 2023 Inspection found further deterioration* June 6, 2023 Inspection found remaining violations – Issues have migrated to neighboring property* June 6, 2023 Left voicemail for property owner June 14, 2023 Spoke with property owner – Advised of continuing violations and potential for abatement July 13. 2023 4th Citation – Daily fines totaling $21,000 July 2023 Inspection – violations remain* August 10, 2023 5th Citation – Daily fines totaling $21,000 October 17, 2023 Site inspection request sent to property owner October 19, 2023 PD entered structure - reported as uninhabitable. Structures posted unsafe to occupy. October 26, 2023 Notice & Order to vacate and secure structures. December 4, 2023 Left voicemail for property owner advising structure will be secured due to imminent danger December 5, 2023 Work to secure structure by contractor started. Property owner advised of process via phone February 20. 2024 Additional inspection found debris dumped on site* May 1, 2024 Property owner advised of potential abatement via phone and mailing May 2024 Additional inspection found more debris dumped and overgrown vegetation* May 21, 2024 Date set for public hearing by Council June 3, 2024 Property owner advised staff that some cleanup has occurred – will fence the property June 6, 2024 Property owner declined request for a meeting/interior inspection via phone June 6, 2024 Notice of public hearing posted and mailed. 17 18 Case History January 7, 2022 Initial Report January 10, 2022 Initial Inspection* March 2022 Additional Inspections* April 12, 2022 Notice of Violation June 3, 2022 1st Citation June 9, 2022 2nd Citation June 16, 2022 3rd Citation June 23, 2022 Warning letter sent for daily citations June 27, 2022 First Contact from Property Owner August 12, 2022 Additional Contact from property owner August 23, 2022 Received concerns from PD regarding squatters September 20, 2022 Met property owner on site – cleanup in process December 1, 2022 Exterior of property cleaned up March 15, 2023 Inspection found further deterioration* June 6, 2023 Inspection found remaining violations – Issues have migrated to neighboring property* June 6, 2023 Left voicemail for property owner June 14, 2023 Spoke with property owner – Advised of continuing violations and potential for abatement July 13. 2023 4th Citation – Daily fines totaling $21,000 July 2023 Inspection – violations remain* August 10, 2023 5th Citation – Daily fines totaling $21,000 October 17, 2023 Site inspection request sent to property owner October 19, 2023 PD entered structure - reported as uninhabitable. Structures posted unsafe to occupy. October 26, 2023 Notice & Order to vacate and secure structures. December 4, 2023 Left voicemail for property owner advising structure will be secured due to imminent danger December 5, 2023 Work to secure structure by contractor started. Property owner advised of process via phone February 20. 2024 Additional inspection found debris dumped on site* May 1, 2024 Property owner advised of potential abatement via phone and mailing May 2024 Additional inspection found more debris dumped and overgrown vegetation* May 21, 2024 Date set for public hearing by Council June 3, 2024 Property owner advised staff that some cleanup has occurred – will fence the property June 6, 2024 Property owner declined request for a meeting/interior inspection via phone June 6, 2024 Notice of public hearing posted and mailed. January 7, 2022 Initial Report January 10, 2022 Initial Inspection March 2022 Additional Inspections April 12, 2022 Notice of Violation June 3, 2022 1st Citation June 9, 2022 2nd Citation June 16, 2022 3rd Citation June 23, 2022 Warning letter sent for daily citations June 27, 2022 First Contact from Property Owner August 12, 2022 Additional Contact from property owner August 23, 2022 Received concerns from PD regarding squatters September 20, 2022 Met property owner on site – cleanup in process December 1, 2022 Exterior of property cleaned up March 15, 2023 Inspection found further deterioration June 6, 2023 Inspection found remaining violations – Issues have migrated to neighboring property June 6, 2023 Left voicemail for property owner June 14, 2023 Spoke with property owner – Advised of continuing violations and potential for abatement July 13. 2023 4th Citation – Daily fines totaling $21,000 July 2023 Inspection – violations remain August 10, 2023 5th Citation – Daily fines totaling $21,000 October 17, 2023 Site inspection request sent to property owner October 19, 2023 PD entered structure - reported as uninhabitable. Structures posted unsafe to occupy. October 26, 2023 Notice & Order to vacate and secure structures. December 4, 2023 Left voicemail for property owner advising structure will be secured due to imminent danger December 5, 2023 Work to secure structure by contractor started. Property owner advised of process via phone February 20. 2024 Additional inspection found debris dumped on site May 1, 2024 Property owner advised of potential abatement via phone and mailing May 2024 Additional inspection found more debris dumped and overgrown vegetation May 21, 2024 Date set for public hearing by Council June 3, 2024 Property owner advised staff that some cleanup has occurred – will fence the property June 6, 2024 Property owner declined request for a meeting/interior inspection via phone June 6, 2024 Notice of public hearing posted and mailed. Case History Current State of Property •Removal of most debris and overgrown vegetation trimmed •Exterior property remains unsecured Proposed Abatement Abatement proposed as part of Nuisance Declaration •Remove all trash and debris from property •Remove all overgrown and dead vegetation •Install perimeter fencing to prevent access and dumping Immediate Concern Request for the Appointment of a receiver •Address long term debris & vegetation issues •Repair substandard exterior and interior conditions Future Abatement Recommendation Adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, declaring that the property at 205 Casa Street and 1067 Murray Avenue constitutes a public nuisance, and ordering abatement of same.” (30-day compliance period) Alternatives 1.Declare a public nuisance exists at the Property and provide an extended timeline for compliance beyond 30 days. 2.Decline to declare that a public nuisance exits at the Property 24 25 26 27 28 29 30 31 32 Case History January 7, 2022 Initial Report January 10, 2022 Initial Inspection* March 2022 Additional Inspections* April 12, 2022 Notice of Violation June 3, 2022 1st Citation June 9, 2022 2nd Citation June 16, 2022 3rd Citation June 23, 2022 Warning letter sent for daily citations June 27, 2022 First Contact from Property Owner August 12, 2022 Additional Contact from property owner August 23, 2022 Received concerns from PD regarding squatters September 20, 2022 Met property owner on site – cleanup in process December 1, 2022 Exterior of property cleaned up March 15, 2023 Inspection found further deterioration* June 6, 2023 Inspection found remaining violations – Issues have migrated to neighboring property* June 6, 2023 Left voicemail for property owner June 14, 2023 Spoke with property owner – Advised of continuing violations and potential for abatement July 13. 2023 4th Citation – Daily fines totaling $21,000 July 2023 Inspection – violations remain* August 10, 2023 5th Citation – Daily fines totaling $21,000 October 17, 2023 Site inspection request sent to property owner October 19, 2023 PD entered structure - reported as uninhabitable. Structures posted unsafe to occupy. October 26, 2023 Notice & Order to vacate and secure structures. December 4, 2023 Left voicemail for property owner advising structure will be secured due to imminent danger December 5, 2023 Work to secure structure by contractor started. Property owner advised of process via phone February 20. 2024 Additional inspection found debris dumped on site* May 1, 2024 Property owner advised of potential abatement via phone and mailing May 2024 Additional inspection found more debris dumped and overgrown vegetation* May 21, 2024 Date set for public hearing by Council June 3, 2024 Property owner advised staff that some cleanup has occurred – will fence the property June 6, 2024 Property owner declined request for a meeting/interior inspection via phone June 6, 2024 Notice of public hearing posted and mailed.