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Home My WebLink About02/18/1992, C-6 - RESOLUTION FOR SETTING PUBLIC HEARING TO DETERMINE EXISTENCE OF PUBLIC NUISANCE AND TO ABATE IN WHOLE OR IN PART, AT 663 CHURCH STREET. 111h1111111I,1011jjjl MY Of San lU1S OBISPO Meeting Date: 2/18/92 1TEM j USI COUNCIL AGENDA REPORT FROM: Robert Neumann, Fire Chief L.% Prepared by: Matt Luchetta, Fire Inspector SUBJECT: Resolution for setting Public Hearing to determine existence of public nuisance and to abate in whole or in part, at 663 Church Street. CAO RECONEWENDATION: Adopt resolution of intention to hold a Public Hearing on March 17, 1992, for the purpose of determining if a public nuisance does exist. DISCUSSION: 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, Murray and Church's addition, and shown as Assessor's Parcel No. 003-641-003 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 occupied 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 on-going 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. Mr. Jackson's property has become so cluttered with combustible debris that it lends itself to a habitat for rodents. ��►�►��i�IIIIIIIIIPa�u��IIB city of San WIS OBISPO COUNCIL AGENDA REPORT A review of Fire Department files revealed an enforcement history dating from 1985, which included 5 Notices of Violation, 3 Misdemeanor Citations, and 11 pieces of correspondence addressed to Mr. Jackson, advising of violations of the Municipal Code. Mr. Jackson was contacted January 20, 1992, by the Fire Prevention Inspector, Zoning Investigation Coordinator and the Chief Building Official. He was advised another complaint due to unsanitary conditions had been received. Also, a referral was made to San Luis Obispo County Adult Protection Services in regard to the conditions on site. A title search of Mr. Jackson's property reveals he is the owner of record. Recommendation Adopt resolution setting a Public Hearing on March 17, 1992, to determine existence of public nuisance and to abate in whole or part. Attachments: Draft Resolution Vicinity Map RESOLUTION NO. (1992 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO FINDING THAT THE PROPERTY AT 663 CHURCH STREET MAY CONSTTTUTE 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 7:00 p.m. on March17,1992, 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 -tner 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 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 C--1 9 Resolution No. (1992 Series) Page Two 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 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. 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