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Home My WebLink About03/17/1992, 1 - PUBLIC HEARING TO DETERMINE WHETHER PUBLIC NUISANCE EXISTS AT 663 CHURCH STREET, AND APPROPRIATE ABATEMENT. ��u►I�IIIIIII�I ��IU city of San Luis OBispo Meeting Date: 3/17/92 Eiis COUNCIL AGENDA REPORT Item Phrber: FROM: Robert F. Neumann, Fire Chief Prepared by: Matthew Luchetta, Fire Inspector SUBJECT: Public hearing to determine whether public nuisance exists at 663 Church Street, and appropriate abatement. CAO RECOMMENDATION: Adopt a resolution declaring a public 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: 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. 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. Backctround 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. Mr. Jackson's property has become so cluttered with combustible debris that it lends itself to a habitat for rodents. i°��ii►�IIIIIII�I ��UIN city of San Luis OBlspo COUNCIL AGENDA REPORT A review of Fire Department files revealed an enforcement history dating from 1985, which included five Notices of Violations, three 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 has been received. Also, a referral was made to San Luis Obispo County Adult Protective Services in regard to the conditions on site. 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 owner of record. 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 Safety 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 Impact The cost of the abatement proceedings are recoverable by tax lien. Consequences 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. 7076 Map Notice of Violation Photographs l-� RESOLUTION NO. (1992 Series) DECLARING A PUBLIC NUISANCE EXISTS AT 663 CHURCH STREET AND TO ABATE IN WHOLE OR IN PART NOTICE IS HEREBY GIVEN THAT ON 1992, 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 a lien 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: ' 1_3 Resolution No. (1992 Series) Page 2 AYES: NOES: ABSENT: the foregoing resolution was passed and adopted this day of , 1992. Mayor Ron Dunin ATTEST: Pam Voges, City Clerk APPROVED: City A inistrative Officer tt rn Fire Chief lT RESOLUTION NO. 7076 (1992 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 7:00 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 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 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 alien 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 • R-7076 ' -.5 Resolution No. 7076 (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 Councilman Roalman , seconded by Councilwoman Rappa and on the following roll call vote: AYES: Councilmembers Pinard, Rappa, Reiss, Roalman and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 18th day of February 1992, a or Ron Dunin t T:i Q am Voges by Kim Can on, sistant City Clerk r • wrrrrwr * * * w • * � APPROVED: City Ad five 0 tire Chief � orn 9. 1 - � �6 eo7�E It yg3 ;5 S 0 - 00 C6 / Y GM i' , Q 1 g AV , �� c!) GHURsc cQ C5) 1 65, Cn d� 3 O �g5 7 _c1 m p T i c m _ !a ` 690 t 'Sp , 17 2` 9 , 2 \2J I J g 4 10 A O 1 � O 9 M' O x A nZ 0 1 �r• ; f r'i+ o Ora ,o �+ ^ Coca10 12 15 V61741 v :.5 144. 50 mo 5�'! ,65 13\,14 74 16 69 S! 40 15 - b 6 y/G3o if y vP� c o ^ 2 1 y ��:._ o r1 o y0 0 C 1Q7 � aV s. 10 1 O W w m 4 44.40 2y 1V ? cb Q64 /3346 an �3 4J /1.761LCL' NOTE-A^•SESSOR'S BLOCK 9 i� '�� LOT NUMBERS SHOWN d ' 6 z b R3 ds-Z77 , A8&-as c� A � 0 JDO _ r 9 � / 1 C. 314> C - Y • �\lb til ��`� �� 7 A 6a a. Illi Ulty of san tui8 omspo FIRE DEPARTMENT 74a Pismo Street• San Luis Obispo,CA 93401 • 8051549.7380 NOTICE OF VIOLATION DATE: January. Y9, 1992 NAME: Ilmar Jackson ADDRESS: 663 Church Street, San Luis Obispo RE:. . 663 Church. Street Fire Life Hazard YOU ARE HEREBY NOTIFIED THAT YOU ARE IN VIOLATION OF: Uniform Fire Code, Section 3.101 - Unlawful Continuance of a Fire Hazard Uniform Fire Code, Section 3.102 - Compliance with Order or :Notice Uniform Fire Code, Section 11.201(a) - Accumulation of Combustible D'laterial - Accumulation of combustible or flammable material or rubbish of any kind shall not be permitted to remain on any roof or in any court, yard, vacant lot or open space. As a result of an inspection on January 20, 1992 at the above referenced address the previous violations were noted. YOU ARE HEREBY ORDERED TO CORRECT TIESE VIOLATIONS EvSIEDIATELY TO AVOID FURTHER ENIFORCEMENT ACTION. FAILURE TO CONIPLY IS A MISDEMEANOR, AND COULD REQUIRE AN APPEARANCE BY YOU IN COURT. 'A REINSPECTION SHALL OCCUR ON OR ABOUT FEBRUARY 10, 1992 Questions relative to these violations shall be directed to the San Luis Obispo Fire Department, Bureau of Fire Prevention, 748 Pismo Street. Phone Number: 781-7380. By: Matt Luchetta Fire Inspector cc: Ken McCool, Fire Marshal . Tom Baasch, Building Official Rob Bryn, Zoning Investigator Jeff Jorgensen, City Attorney I � 1 1 ,. � W.Y r ' .rr � i •!1I X 1 9 10 �Y c ✓ l } � J:.J b N � r ` v, 3 +y M =1 t f Sr i� '. •" r ay ]t�. I' ,fes `1 ...I b Fd.•:c e�4 � C 1 �yd• y;«_r . m-...- - �:• -:..m•lT wi`i:LrY WW.a '3P", i` V i * t I I � ti 'l �l .�W¢' T^?�-�'i11' �j'ily,> 9�.. -,.�44"1Gr ILLY.". ..�, N r..�'. �_X GY ib•: - ':• F.sli�. ..., � t��a• L3jLp �M��•1' a ��lry -�r�H � iy _ ��• �'.�i~d alw � �fr "'�yf r�l:� ��v ,, .' 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