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Home My WebLink About03/05/1996, 5 - PUBLIC HEARING REGARDING 663 CHURCH STREET c, 0 Sdr1 tU�s OBIS ty cPO MSE7]j/�f9r: IIIYI�� n*EMNUMBER: COUNCIL AGENDA REPORT FROM: Robert F. Neumann, Fire Chide Prepared by: John Madden, Fire Inspector Viv R. Dilts, Administrative Assistant AA" SUBJECT: Public Hearing regarding 663 Church Street CAO RECOMMENDATION: Adopt a resolution that declares a public nuisance exists at 663 Church Street and orders the abatement of same. DISCUSSION Back ound City staff has received many citizen complaints over the years regarding the fire safety and visual appearance of this residence. As recently as February 1, a complaint was received from a neighbor residing at 655 Church Street (Exhibit 1) who states, "Mr Jackson continues to collect and store refuse in his yard, truck . . . His neighbors are at wits' end. We see this situation as a health hazard, a fire hazard, and a media-circus hazard. There can be no doubt that property values suffer, and frankly we are embarrassed and ashamed to have company on the street. . . We ask respectfully that you take whatever action possible to abate the present hazard and prevent the usual recurrence.11 Both Fire and Community Development Departments' staff have inspected the site on numerous occasions. 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 _1 1111111140111 city of San tins OBISPO i COUNCIL AGENDA REPORT property to be a public nuisance. Both in 1991 and 1992, the City appointed D.T. Yungling 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. On October 24, 1994, Mr. Jackson plead guilty to count 3, UFC Section 11.302(a) 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, boxes, debris, wood, cut vegetation, and any other combustible material deemed a hazard will be removed by the City. The costs associated with this abatement will constitute a lien upon the premises until paid. Notice of Public Hearing Per Municipal Code Section 8.24.050, a Notice of Public Hearing was conspicuously posted on the premises and notice was received by the owner of the property, Mr. Jackson, on Feb. 14, 1996. FISCAL U%IPACT Estimated costs to abate the property are $4,300.00. Breakdown is as follows: Labor - 16 Hrs. $1,900.00 Roll-Offs and Dump Fees 1,600.00 Other Charges 800.00 TOTAL $4,300.00 ATTACEWENTS Draft Resolution Exhibit 1 - Letter from Mr. Johnson, 655 Church St. Exhibit 2 - Proof of Service by Personal Delivery Map Photographs are available for review in the Council Reading File RESOLUTION NO. (1996 Series) ., RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DECLARING THAT THE PROPERTY AT 663 CHURCH STREET CONSTITUTES A PUBLIC NUISANCE, AND ORDERS ABATEMENT OF SAME WHEREAS, 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 County of San Luis Obispo, and WHEREAS, the nuisance consists of the following: boxes, debris, wood, cut vegetation, and any other combustible material deemed a hazard by the authority having jurisdiction. NOW, THEREFORE BE IT RESOLVED, the Council finds upon the evidence presented at the hearing that a public nuisance exits, and if the same isnot promptly abated by the owner of said premises, within 30 days from this date, said nuisance may be abated by municipal authorities by removal or other appropriate action, the cost of which will constitute a lien upon such premises until paid. Upon motion of , seconded by and on the following roll call vote: AYES: NOES: ABSENT: 53 the.foregoing resolution was adopted this __._ day.of 1996. _ Mayor Allen Settle -- - -- -- AVE-ST: City Clerk,. by Assistant City Clerk.Kim Condon APPROVED: 0 Se _s_... ttorney Fry - S� 655 Church Street EXHIBIT 1 San Luis Obispo, CA 93401 January 26, 1996 Cindy Clemens Assistant City Attorney, City of San Luis Obispo L 990 Palm Street R E C E San Luis Obispo, CA 93401-3249 FEB Q 1 1996 Dear Ms. Clemens: oFWE OF CRY AT7--MY This letter concerns the ongoing litter / eyesore problem at the residence of Ilmar Jackson, 663 Church Street, San Luis Obispo. As you know, John Madden of the San Luis Fire Department has made various attempts to work with Mr. Jackson to solve this problem, and Mr. Jackson has been fined, prosecuted, and jailed over this situation. Currently a large "drop box" is left in the street in front of 663 Church, presumably as encouragement to clean up the yard. This, like all previous strategies (volunteer clean-ups, periodic abatement by independent contractors and CCC crews), is proving ineffective. The drop box has become an extension of the yard itself, and is now a separate, growing junk collection and an eyesore. Mr. Jackson continues to collect and store refuse in his yard, truck, and presumably, house. Needless to say, his neighbors are at wits' end. We see this situation as a health hazard, a fire hazard, and a media-circus hazard. There can be no doubt that our property values suffer, and frankly we are embarrassed and ashamed to have company on the street. The City of San Luis Obispo surely has laws and statutes that prohibit "pack rat" behavior, yet this situation goes on and on unchecked. We ask respectfully that you take whatever action possible to abate the present hazard and prevent the usual recurrence. Mr. Jackson is a kind-hearted and congenial neighbor, but he obviously has a behavior problem that must be addressed for the sake of his safety, and ours. If the City Council decides to clean up the property in March(as you stated they probably will in our telephone conversation of 1/26/96, and as we sincerely hope they will), we want to be sure that you are aware of the last disastrous clean-up. Without notice to us, San Luis Garbage Company left a large drop box in front of our house early on a Saturday morning. A group of volunteer Boy Scouts arrived, quickly filled the box, then left. San Luis Garbage did not return to haul the refuse away until the following week, and we were treated to large groups of(human) scavengers crawling over the drop box (and our property), looking for recyclables, salvage items, whatever, for two days and nights. We called John Madden of SLO Fire Department, the SLOPD, and San Luis Garbage, but of course no one knew what to do. Please, in the event of future abatement, arrange for any filled drop boxes to be hauled away immediately. We are by no means eager to bring our own attorney into the mix, but our patience ends at the property line, Please apprise us of your progress concerning this matter. Sincerely, Z Richard E. J son EXHIBIT 2 PROOF OF SERVICE BY PERSONAL DELIVERY STATE r CALIFORNIA, COUNTY OF SAN LUIS OBISPO I am a resident of the County aforesaid; I am over the age of eighteen (18) years and not a party to the within entitled action; my business address is 990 Palm Street, San Luis Obispo, California. On February 14, 1996, I served a copy of Resolution No. 8488 on the interested parties in said action, by personally delivering copies as follows: Posting property of: Mr. IImar Peter Jackson 663 Church St. San Luis Obispo, CA 93401 I declare under penalty of perjury that the foregoing is true and c7rmct and that this declaration was executed on February 14, 1996. t 7o Madden, Fire Inspector 07 `L, �o �5 9 U to 7 7 9 5050 ,, 2J o i - I2 _: _ �, 15 �� ,s ` ' . A'� � N � a O 10 x , Ar 5 c � .� o c• it<a�O.i � i� 15 ' 0 1 9 4 0Ay^;;in q*cm 10 ti i i�r Lp c bpoah jSG.! lE5 I7D114 74 69 50 50 Q s; a �p3.oe o � 3 SEo 'o l o r 4 4A.&'o jv •e?9 O X6.6 �. a+ c — 1 s 33 s E 6o O o als . 23 74 NO i E-A"SESSOR'S FLOCK a LOT NUN'cERS'11 J' O �)' 60 / ;Rol � < �f�J1^'1111 •.- F—I G O 2 M C5-217 �d I A6L-DS I! a 0 JM � c� �9a r p�. �tvr*�`o 3 a+> C .T—C �•` o .BOO � � _-'' '1 ' � C . • _ v ?& O ch 34 AV dl s