HomeMy WebLinkAbout05/21/1991, 2 - PUBLIC HEARING TO DETERMINE WHETHER PUBLIC NUISANCE EXISTS AT 663 CHURCH STREET, AND APPROPRIATE ABATEMENT. City of sa l 5/211/LUIS OBISPO MEETINGDATE:
'IW 5/ /91
i COUEN
COUNCIL AGDA REPORT "°iA NUMBER:OA
FROM: Robert F. Neumann, Interim Fire Chief
Prepared by: John Madden, Fire Inspector
SUBJECT: Public hearing to determine whether public nuisance exists at 663 Church Street,
and appropriate abatement.
CAO RECOAEMMMATION:
Adopt a resolution declaring public a nuisance and outlining the 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: 1 mar 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, Murray 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.
Background
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. 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.
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MWINW.A01�1 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
living in the area. 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.
Current Enforcement Action
Mr. Jackson is currently under Notice of Violation for accumulation of combustible material and
waste. Weekly drive-by inspections indicate no attempt has been made to abate the nuisance on his
own.
Public Safely Concerns
Because of the large accumulation of boxes, boards, and other combustible material that is stored
directly on the ground, a significant rat and rodent habitat has developed. Additionally, if a fire
were to occur on Mr. Jackson's property, the heat that would be generated from all the combustible
material, would directly affect all surrounding exposures.
Fiscal Imp
The cost of the abatement proceedings are recoverable by tax lien.
Coffin uences of Not Taking the Recommended Action
No other action, short of full abatement of this problem could be determined.
Recommendation
1. Council concurs and declares Mr. Ilmar Jackson's residential property, located at 663 Church
Street, a public nuisance.
2. Pursuant to Municipal Code 8.24.090 B. finds that a public nuisance does exist and adopts a
resolution declaring such nuisance, and ordering the abatement of same within thirty days by the
manner and means set forth in the resolution.
Attachments:
Draft resolution
Resolution No. 6959
Map
Notice of Violation
Letter of January 22, 1991
Photographs
02 ��
RESOLUTION NO. (1991 Series)
DECLARING A PUBLIC NUISANCE EXISTS AT
663 CHURCH STREET
AND TO ABATE IN WHOLE OR IN PART
NOTICE IS HEREBY GIVEN THAT ON , 1991, at the
hour of , the 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
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 Office of the San Luis Obispo
County Recorder.
The Council finds upon the evidence presented at the hearing that a public nuisance does exist,
and if the same is not promptly abated by the owner of said premises, within 30 days from this
date, said nuisance may be abated by municipal authorities by rehabilitation, repair, demolition,
removal, or other appropriate action, the cost of which will constitute alien upon such premises
until paid.
The alleged nuisance consists of the following: boxes, debris, wood, cut vegetation, and any
other combustible material deemed a hazard by the authority having jurisdiction.
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.
�-3
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Resolution.No. (1991 Series)
Page 2
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Mayor Ron Dunn
ATTFSTs _ -
Pam Voges, City Clerk. - -
APPROVED:
City Ad" '-'sfrative Officer -----^
Fire Chief
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i eSOLUTION NO. 6959 (1991 SERir.S)
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
R 6959
Resolution No. 6959 (1S,z Series)
Page Two
therein.
On motion of Councilwoman Pinard , seconded by Councilman Roalman
, and on the following roll call vote:
AYES: Councilmembers Pinard, Roalman, Rappa, Reiss, and Mayor Dunin
NOES: None
ABS : None
the foregoing Resolution was passed and adopted this 16th day of April
1991.
/- ayor Ron Dunin
T:
ity erk, Xam Voges
BY: Assistant ity Clerk Rim Condon
APPROVED:
City Ad i'straativeOfficer ire Chief
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NOTE—ASSESSORS BLOCK 8
�¢ LOT NUMBERS SHOWN
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/1 � Uuls OBISPO
FIRE DEPARTMENT
748 Pismo Street•San Luis Obispo,CA 93401 •805/549-7380
NOTICE OF VIOLATION
DATE: December 12, 1990
NAME: Ilmar Jackson
ADDRESS: 663 Church Street
San Luis Obispo, CA 93401
RE: Premises at 663 Church Street, San Luis Obispo
YOU ARE HEREBY NOTIFIED THAT YOU ARE IN VIOLATION OF:
Uniform Fire Code Section 3.102 and 11.201. Violations are as follows:
1) Remove accumulation of combustible materials/waste located in front yard, driveway,
backyard and garage.
2) Storage of necessary firewood must be organized, orderly and of a reasonable volume.
3) Storage of necessary materials within the garage must be organized, of a reasonable
volume and clear access provided throughout.
YOU ARE HEREBY ORDERED TO CORRECT THESE VIOLATIONS RMIEDIATELY TO
AVOID FURTHER ENFORCEMIENI' ACTION
FAILURE TO COMPLY IS A MISDEMEANOR.
REINSPECTION WILL BE ON OR ABOUT: January 1, 1991
Questions relative to this violation should be directed to the San Luis Obispo Fire
Department, Bureau of Fire Prevention, 748 Pismo Street. PHONE: 549-7380.
RECEIVE
BY / % !.%� / BY: 1� i
Cl = Robert F. Neumann, Fin Marshal
Copy to: div Attorney's Office
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FIRE DEPARTMENT
—^ = 748 Pismo Street•San Luis Obispo, CA 93401 •8051549.7380
January 22, 1991
Mr. Ilmar Jackson
663 Church St.
San Luis Obispo, Ca. 93401
Subject: Meeting of January 22, 1991
Dear Mr. Jackson:
I would like to thank you for taking the time to attend the meeting we had at Fire Deparunent
Headquarters today. To refresh your memory, we discussed the large accumulation of combustible
trash and debris that now surrounds your property, and how to address the problem of abating it.
You agreed to clear the front yard and drive-way area yourself by January 28, 1991, as this
would give you.a sense of accomplishment. W. Jackson, the City of San Luis Obispo, Mr. Bryn
and myself encourages you to accomplish this feat, although it has it's restrictions. As discussed
and agreed to, the date of January 28, 1991, was selected to review your progress. On or about
this date, Mr. Bryn will inspect your property for compliance.
Once again Mr. Jackson, we at the City encourage you to handle this problem and future
problems as they occur without further litigation.
If you have any questions regarding this matter, please contact the undersigned inspector at
549-7380.
Sin re
John Madden
Fire Inspector
Bureau of Fire Prevention
cc: Cindy Clemmons, Assistant City Attorney
Rob Bryn, Zoning Enforcement Officer
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