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HomeMy WebLinkAbout02/03/1998, C4 - NOTICE OF INTENT TO HOLD A PUBLIC HEARING ON MARCH 17, 1998, REGARDING 663 CHURCH STREET r council 2/3/98 j acEnaa RepoRt CITY OF SAN LUIS 0BISP0 FROM: Robert F.Neumann,Fire Chief Prepared By: John Madden,Fire Inspector Viv R.Dilts,Administrative Assistant SUBJECT: Notice of Intent to Hold a Public Hearing on March 17, 1998,regarding 663 Church Street CAO RECOMMENDATION Adopt a resolution of intent to hold a Public Hearing on March 17, 1998, for the purpose .of declaring if a public nuisance exists at 663 Church Street. DISCUSSION Background On July 28, 1997, Mr. Richard Johnson of 655 Church Street sent a letter and photos outlining the on-going nuisance at 663 Church Street. In October of 1997,Ms. Bonnie Post of 671 Church Street telephoned stating she has mice/rats in her house. She believes the rodents are coming from her next door neighbor's property at 663 Church Street. There have been several citizen complaints regarding the fire safety and visual appearance of this particular residence over the years. 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. The accumulation of materials stored directly on the ground lends itself to a rat habitat. If a fire were to occur on Mr. Jackson's property, the heat generated from all the combustible material, would directly threaten all surrounding exposures. Site Descrimi The site is a rectangular lot located at 663 Church Street, and more particularly descnbed 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. Three times previously; May 21, 1991, March 17, 1992, and March 5, 1996, the City Council adopted resolutions declaring this property to be a public nuisance. In all instances, the City appointed D.T. Yungling and Sons to execute the abatement. ell- Council Agenda Report— Intent to Hold a Public Hearing on March 17, 1998, regarding 663 Church Street Page 2 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 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 debris. After numerous court hearings Mr. Jackson was sentenced to 5 days in jail and to proceed with clean-up or else he would be sentenced 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 period,only one dumpster load had proven to be 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. Mr. Jackson's probation ended July, 1996. Since the completion of Mr. Jackson's probation, the Fire Department has received several complaints from surrounding neighbors regarding the increasing amount of combustible material and trash located on the property. On November 19, 1997, a Notice of Violation was issued to the property owner, Mr. Emar P. Jackson and he was instructed that he had 30 days to clean up his property. On December 18, 1997, a site inspection was conducted and the property had not been cleaned On January 12, 1998, a misdemeanor citation was issued for failure to comply with the Notice of Violation. This legal action is in conjunction with the abatement process as specified in Municipal Code Chapter 8.24. Methods of Abatement Reauested 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. ATTACHMENTS Draft Resolution Map Photographs are available for review in the Council Reading File ��a2 RESOLUTION NO. (1998 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 BEARING 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 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 bome 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 17, 1998, to ascertain whether said premises C'r -3 constitute 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: ABSENT: the foregoing resolution was adopted this day of , 1998. 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