HomeMy WebLinkAbout01/23/1996, C-2 - NOTICE OF INTENT TO HOLD A PUBLIC HEARING ON MARCH 5, 1996, REGARDING 663 CHURCH STREETIllu ^ly`II�IIIII�III I�I MEETING DATE:
'ul RI �=�IIII City of SaYi LUIS OBE $pO 1/23/96
u COUNCIL AG VDA REPORT ITEM -1A
FROM: Robert F. Neumann, Fire Chief1EI,/Prepared by: John Madden, Fire Inspect r•-
Viv R. Dilts, Administrative Assistant
SUBJECT: Notice of Intent to hold a Public Hearing on March 5, 1996, regarding 663 Church
Street
CAO RECOMMENDATION:
Adopt a resolution of intention to hold a Public Hearing on March 5, 1996, for the purpose of
declaring if a public nuisance exists at 663 Church Street.
DISCUSSION
Background
City staff has received many citizen complaints over the years regarding the fire safety and visual
appearance of this residence. Both Fire and Community Development Departments' staff have
inspected the site. These inspections have revealed an exorbitant amount of trash and combustible
materials stored in and around the house. Also, the large accumulation of boxes, boards and other
combustible material that is stored directly on the ground lends itself to a rat habitat. If a fire were
to occur on Mr. Jackson's property, the heat that would be generated from all the combustible
material, would directly threaten all surrounding exposures.
Several efforts have been made by the Fire Department, Community Development Department, and
the City Attorney, including criminal prosecution, to compel Mr. Jackson to comply with the
abatement of his property. This has not been successful.
Site Description
The site is a rectangular lot located at 663 Church Street, and more particularly described as Lot 8,
Block 124, Murray and Church's addition; shown as Assessor's Parcel No. 3 -641 -3 in the County of
San Luis Obispo. It is 145 feet deep and 50 feet wide, comprising approximately 7,250 square feet.
Presently, this lot is zoned R -2 and is developed with an older single -story residence, and a single -
car, detached garage. A title search reveals that Mr. Jackson is the owner of record and the only
resident.
Enforcement Action
A review of Fire Department files has revealed an enforcement history dating since 1985. Twice
previously; May 21, 1991 and March 17, 1992, the City Council adopted resolutions declaring this
property to be a public nuisance. Both in 1991 and 1992, the City appointed D.T. Youngling and
Sons to execute the abatement.
On August 31, 1994, the City Attorney's Office filed a criminal complaint against Mr. Jackson
alleging four misdemeanors, namely violations of UFC Sections 3.101, 3.102, 11.302(a) and
11.303(e). Mr. Jackson was represented by Mr. Pierre Blahnik of the Public Defender's Office.
mH� ►�N��IIIlIIII{P °IIUIU city of San ._.IS OBISp0
COUNCIL AGENDA REPORT
On October 24, 1994, Mr. Jackson plead guilty to count 3, UFC Section 11.302(x) and was
sentenced to two years probation conditioned that he remove the debris within 60 days. Mr.
Jackson failed, even with volunteer help, to remove the debris. After numerous court hearings,
Judge Umhoffer sentenced Mr. Jackson to spend 5 days in jail and to proceed with the clean-up or
else he would sentence him to more jail time. From August through December of 1995, Mr.
Jackson was supposed to report to court every few weeks and show proof that a dumpster load had
been removed. During that four month period, he only produced proof of one dumpster load being
removed. At this point, Mr. Jackson's probation was modified to delete the debris removal
conditions, to require him to participate in three counseling sessions by January 31, 1996, and to
remove the dumpster in front of his house. This has exhausted all of the court's means to resolve
the problem and has referred it back to the City. We are, therefore, proceeding with the abatement
process as specified in Municipal Code Chapter 8.24.
Methods of Abatement Requested
It is requested that Mr. Jackson remove items and materials constituting a fire and health hazard. If
he does not comply, rehabilitation, repair, or demolition, or other appropriate action will be
completed by the City. The costs associated with this abatement will constitute a lien upon the
premises until paid.
ATI'ACFD4ENTS:
Draft Resolution
Map
Photographs are available for review in the Council Reading File
C -a -Z-
RESOLUTION NO. (1996 Series)
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
WHEREAS, the 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, and
WHEREAS, the premises are maintained in such a manner 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, and
WHEREAS, possible methods of abatement of the property would include; removal of the
items and materials constituting the fire and health hazard, rehabilitation, repair, or demolition of
the premises, or other appropriate action, and
WHEREAS, if the property owner does not voluntarily comply, abatement would be
completed by the City and all costs would be borne by the property owner and would constitute a
lien upon such premises until full payment is received.
NOW, THEREFORE BE IT RESOLVED, the Council intends to hold a public hearing in
the Council Chambers at 7:00 p.m. on March 5, 1996, to ascertain whether said premises constitute
�2,-3
a public nuisance which may be abated in accordance with Chapter 8.24 of the San Luis Obispo
Municipal Code. The City Clerk is directed to provide notice of the public hearing to the property
owner as required by San Luis Obispo Municipal Code Sections 8.24.050 and 8.24.060.
Upon motion of , seconded by
and on the following roll call vote:
AYES:
NOES:
the foregoing resolution was adopted this
ATTEST:
day of , 1996.
City Clerk, by Assistant City Clerk Kim Condon
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jIn Jeff Jorgensen, City Attorney
GAC0MM0MPREVEN'nWpUJM94.D0C
Mayor Allen Settle
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