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Home My WebLink About07/21/1992, 7 - ABATEMENT OF PUBLIC NUISANCE AT 663 CHURCH STREET Meetin5 ate: July 21, 1992 ►�� ►��iiii��n llUU MY Of San LUIS OBISPO - MaGa COUNCIL AGENDA REPORT �J FROM. Robert Neumann, Fire Chief.% Prepared by: Matthew Luchetta, Fire Inspector ��.*• SUBJECT: Abatement of Public Nuisance at 663 Church Street CAO RECOMMENDATION: Adopt a resolution confirming a statement of costs to abate a public nuisance at 663 Church Street. DISCUSSION Situation/Previous Review On May 21, 1991 and March 17, 1992, after holding a public hearing, the City Council adopted Resolutions No. 6980 (1991 Series) and No. 7092 (1992 Series) declaring the property at 663 Church Street to be a public nuisance. In an effort to abate the hazard and keep the costs to the property owner to a minimum, the City appointed D.T. Young.ling and Sons to execute the abatement. Personnel from the Fire Department supervised both abatements which took 20 hrs. and 16 Hrs. respectively. See attachment #1 for a detailed cost break down. (Before and after photos available from City Attorney. ) Because of time constraints within the County Tax Assessor's Office a statement of cost was not prepared for the abatement of 663 Church Street in 1991. Therefore, this statement of cost will include the abatement costs for both years, 1991 and 1992 . Significant Impacts In response to numerous citizen complaints, the Fire Department has used every legal avenue to abate this property. Work has been on- going since March, 1985 and has taken a great deal of staff time. Consequences Of Not Taking The Recommended Action The recommended action will cover the direct costs incurred by the City to abate the nuisance. By not following the recommended action the City would not recover the direct costs. CONCURRENCES The City Attorney, Fire Chief and Finance Director concur with the proposed statement of costs (Attachment #1) ($8, 004. 72) . Detailed costs are on file with the City Clerk. 7-1 �,��►�t��IIIIIIf�I� ��Il city of San tuts OBISpo Islaiia COUNCIL AGENDA REPORT ALTERNATIVES There are two alternatives that may be followed: 1. Adopt a resolution confirming a statement of costs to abate a public nuisance at 663 Church Street (Exhibit A) . 2 . Adopt a resolution confirming a statement of costs as established by Council to abate a public nuisance at 663 Church Street (Exhibit B) . Because of the property owner's limited capacity to deal with the abatement order on his own, the City Attorney has recommended that some of the incidental expenses incurred in abating the hazard, be excluded from the statement of costs (i.e. , preparation of materials for hearings, serving of notices) . RECOMMENDATION 1. Adopt a resolution confirming a statement of cost to abate a public nuisance at 663 Church Street (Exhibit A) Attachments: Draft Resolutions Statement Of Cost i C` EXHIBIT A RESOLUTION NO. (1992 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A STATEMENT OF ABATEMENT COSTS INCURRED AT 663 CHURCH STREET WHEREAS, on May 21, 1991 and on March 17, 1992, in accordance with applicable provisions of the Municipal Code, the City Council found the condition of the premises at 663 Church Street to constitute a public nuisance; and WHEREAS, the property owner did not abate the property within the thirty (30) days ordered, and WHEREAS, the City appointed a contractor to abate the public nuisance, and WHEREAS, any costs incurred by the city in abating the nuisance shall be accounted for and processed as set forth in Chapter 8 .24 of the San Luis Obispo Municipal Code, NOW THEREFORE, BE IT RESOLVED by the Council as follows: SECTION 1. This Council hereby confirms the statement of abatement costs as shown on Attachment A. SECTION 2. The Director of Finance is directed to send a statement of abatement costs to the property owner. The property owner shall be notified that if the statement is not paid within thirty (30) days of this Resolution, a special assessment shall be placed on the land and shall constitute a lien for the amount of the assessment. SECTION 3. The City Clerk is directed to send a Notice of Lien in accordance with Section 8.24 . 150 of the Municipal Code, to the Auditor/Controller of the County of San Luis Obispo for the collection of said lien along with the regular City property taxes for 1992/1993 if abatement costs are not paid within thirty (30) days of this Resolution. 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 1992. MAYOR RON DUNIN ATTEST: CITY CLERK PAMELA VOGES * * * * * * * * * * * * APPROVED: City A inistrative Officer Finance Director Wl�lfl t tt neir1re Chief EXHIBIT B RESOLUTION NO. (1992 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A STATEMENT OF ABATEMENT COSTS INCURRED AT 663 CHURCH STREET WHEREAS, on May 21, 1991 and on March 17, 1992, in accordance with applicable provisions of the Municipal Code, the City Council found the condition of the premises at 663 Church Street to constitute a public nuisance; and WHEREAS, the property owner did not abate the property within the thirty (30) days ordered, and WHEREAS, the City appointed a contractor to abate the public nuisance, and WHEREAS, any costs incurred by the city in abating the nuisance shall be accounted for and processed as set forth in Chapter 8. 24 of the San Luis Obispo Municipal Code, NOW THEREFORE, BE IT RESOLVED by the Council as follows: SECTION 1. This Council hereby confirms the statement of fees: SECTION 2. The Director of Finance is directed to send a statement of abatement costs to the property owner. The property owner shall be notified that if the statement is not paid within thirty (30) days of this Resolution, a special assessment shall be placed on the land and shall constitute a lien for the amount of the assessment. SECTION 3. The City Clerk is directed to send a Notice of Lien in accordance with Section 8.24 . 150 of the Municipal Code, to the Auditor/Controller of the County of San Luis Obispo for the collection of said lien along with the regular City property taxes for 1992/1993 if abatement costs ai-_ not paid within thirty (3u) days of this Resolution. 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 1992. MAYOR RON DUNIN ATTEST: CITY CLERK PAMELA VOGES APPROVED: i ( City A inistrative officer Finance Director vi moi►. t tto ney ire Chief 7-6 ATTACHMENT #1 STATEMENT OF COSTS - 663 CHURCH STREET 1991 ABATEMENT Labor - 20 Hrs. $1,886.90 Roll-Offs and Dump Fees 1, 640.75 Other Charges 352 .77 TOTAL $3 ,880.42 1992 ABATEMENT Labor - 16 Hrs. $1, 911.89 Roll-Offs and Dump Fees 11549.75 Hazardous Materials Disposal 316.50 Other Charges 346. 16 TOTAL $4, 124 .30 1991-1992 TOTAL $8004.72 MEETING AGENDA MPET0: DATE A ITEM#�1 . REVISED 0,_,/*DmdwAd1W Q Fn EXHIBIT A SU ❑ CMDR SS C, AO RESOLUTION NO. (1992 Series) FMCHEF id `OWrpaLKECR OA RESOLUTION OF THE COUNCIL OF THE CITY OF M�� o RecDR SAN LUIS OBISPO APPROVING A STATEMENT OF . �C�� 1UnLD% ABATEMENT COSTS INCURRED AT 663 CHURCH STREET WHEREAS, on May 21, 1991 and on March 17, 1992, in accordance with applicable provisions of .the Municipal Code, the . City Council found the condition of the premises at 663 Church Street to constitute a'Public nuisance; and WHEREAS, the property owner did not abate the property within the thirty (30) days ordered, and WHEREAS, the City appointed a contractor to abate the public nuisance, and WHEREAS, any costs incurred by the city in abating the nuisance shall be accounted for and processed as set forth in Chapter 8.24 of the San Luis Obispo Municipal Code, NOW THEREFORE, BE IT RESOLVED by the Council as follows: SECTION 1. This Council hereby confirms the statement of abatement costs as shown on Attachment 1. SECTION 2 . The Director of Finance is directed to send a statement of abatement costs to the property owner. The property owner shall be notified that if the statement is not paid within thirty (30) days of this Resolution, a special assessment shall be placed on the land and shall constitute a lien for the amount of the assessment. SECTION 3 . The City Clerk is directed to send a Notice of Lien in accordance with Section 8.24. 150 of the Municipal Code, to the Auditor/Controller of the County of San Luis Obispo for the collection of said lien along with the regular City property taxes for 1992/1993