HomeMy WebLinkAbout04/16/1991, C-7 - PUBLIC HEARING TO DETERMINE WHETHER PUBLIC NUISANCE EXISTS AT 663 CHURCH STREET, AND APPROPRIATE ABATEMENT. IIIIII MY Q f SA. . LUIS OB�SPO MEETING /ep : Q
COUNCIL AGENDA REPORT ITEM NUMBER: 7
FROM: Robert F. Neumann, Interim Fire Chi;;)
Prepared by: John Madden, Fire Insp
SUBJECT: Public hearing to determine whether public nuisance exists at 663 Church Street,
and appropriate abatement.
CAO RECOMMENDATION:
Adopt resolution declaring public nuisance and outlining required abatement measures.
DISCUSSION
Situation/Previous Review
City Staff has received many citizen complaints over the years regarding the fire safety and visual
appearance of 663 Church Street. Both Fire and Community Development Department Staff have
inspected the site and issued Notices of Correction regularly in the past. Despite these efforts, the
conditions that precipitated the complaints - piles of debris, combustibles and trash - continue to
exist at the site.
Data Summary
Address: 663 Church Street
Property Owner: Ilmar Peter Jackson
Zoning: R-2
General Plan: Residential
Site Description
The rectangular lot located at 663 Church Street, and more particularly described as Lot 8, Block
124, Murrav and Church's addition, and shown as Assessor's Parcel No. 3-641-3 in the County of
San Luis Obispo, is 145 feet deep and 50 feet wide, comprising approximately 7,250 square feet.
It is presently developed with an older single-story residence, and a single-car, detached garage.
Back round
The single-family residence at 663 Church Street is owned and lived in by Mr. Ilmar Peter
Jackson. The Fire Department Staff feels the premises are maintained in such a manner so as to
constitute a fire hazard. Trash and combustible materials are stored in and around the house to
such a degree that a serious and ongoing life-safety and health hazard is presented. For the past
several years, based on complaints from neighbors and general observation, the Fire Department
has attempted to bring the property into compliance by having the City abate the nuisance on
several occasions. At a recent meeting held at Fire Department Headquarters, Mr. Jackson stated
he was aware of his compulsive behavior to collect discarded item's. He has good intentions, but
they are short-lived. Mr. Jackson's property has become so cluttered with combustible debris that
it lends itself to a habitat for rodents.
A review of Fire Department files revealed an enforcement history dating from 1985, which
included three Notices of Violations, three misdemeanor citations, and eight pieces of
correspondence addressed to Mr. Jackson, advising of violations of the Municipal Code.
7-/
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COUNCIL AGENDA REPORT
Mr. Jackson was contacted recently (March 25, 1991) by phone, to ascertain if he had any relatives
who could help him remove the combustible material from his property. He advised he had no one
here. He was also asked if one of the local recyclers could help him remove some of the waste
that could be recycled and pay him for his collection. Mr. Jackson advised he is taking some items
to be recycled on occasion.
Members of the Fire Department and Community Development Staff have attempted to contact any
members of Mr. Jackson's family. A title search of Mr. Jackson's property reveals he is the only
person on the Grant Deed.
Recommendation
Adopt resolution setting a public hearing on May 21, 1991 to determine existence of public
nuisance and to abate in whole or in part.
Attachments:
Draft resolution
Vicinity map
C r-�
RESOLUTION NO. (1991 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO FINDING THAT THE PROPERTY AT 663 CHURCH STREET
MAY CONSTITUTE A PUBLIC NUISANCE, AND ORDERING A
PUBLIC HEARING CONCERNING SAME AND ABATEMENT THEREOF
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
1. This Council finds that the condition of the premises at 663 Church Street, and more
particularly described as Lot 8, Block 124, Murray and Church's Addition, and shown as
Assessor's Parcel No. 003-641-003 in the County of San Luis Obispo, may constitute a public
nuisance.
2. This Council intends to hold a public hearing in the Council Chambers at 7:10 p.m. on May
21, 1991, to ascertain whether said premises constitute a public nuisance which may be abated in
accordance with Chapter 8.24 of the San Luis Obispo Municipal Code.
3. The facts forming the basis for the hearing are that the premises are maintained in such a
manner so as to constitute a fire hazard. Trash and combustible materials are stored around the
house to such a degree that a serious and ongoing life-safety hazard is presented.
4. The possible methods of abatement include removal of the items and materials constituting
the fire and health hazard, rehabilitation, repair, or demolition of the premises, or other appropriate
action, the cost of which will constitute a lien upon such premises until paid.
5. The City Clerk is directed to provide notice as required by San Luis Obispo Municipal Code
Sections 8.24.050 and 8.24.060 as follows:
A. Within thirty (30) days after the passage of this Resolution and at least fifteen (15)
days before the time fixed for the public hearing, the City Clerk shall cause to be conspicuously
posted on the premises at 663 Church Street a certified copy of this Resolution, and a notice of the
time and place of hearing before the Council, in a style and form as set forth in more detail in
Section 8.24.050.
B. At least fifteen (15) days before the time fixed for the public hearing, the City Clerk
shall cause to be served on each of the owners of the property at 663 Church Street one copy of the
notice of public hearing and a certified copy of this Resolution of the Council. Service shall be
upon those persons described in greater detail in Section 8.24.060 and in the manner as provided
Resolution No. (1991 Series)
Page Two
therein.
On motion of , seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
the foregoing Resolution was passed and adopted this day of
1991.
Mayor Ron Dunin
ATTEST:
City Clerk, Pam Voges
APPROVED:
---- I i
( City Ad 'nistrative Officer ire Chief
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:2.i.r NOTE-ASSESSOR'S BLOCK E
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