HomeMy WebLinkAbout07/07/1992, 8 - ABATEMENT OF PUBLIC NUISANCE AT 663 CHURCH STREET Meeting te: July 7 , 1992
11111011111111101111 city of San Luis OBISPO XMM g
is COUNCIL AGENDA REPOR
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. Youngling 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) ($7, 688 . 22) . Detailed
costs are on file with the City Clerk.
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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
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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
0-3
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:
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City A inistrative Officer , Finance Director
t tto ne ire Chief
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ATTACHMENT #1
STATEMENT OF COSTS - 663 CHURCH STREET
1991 ABATEMENT
Labor - 20 Hrs. . $1,886. 90
Roll-Offs and Dump Fees 11640.75
Other Charges 352 .77
TOTAL $3 ,880.42
1992 ABATEMENT
Labor - 16 Hrs. $11911.89
Roll-Offs and Dump Fees 1, 549 . 75
Other Charges 346. 16
TOTAL $3 , 807.80
1991-1992 TOTAL $7, 688.22
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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
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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 1.992/1993
if abatement costs az not paid within thirty ( 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 Ad inistrative Officer Finance Director
t tto ney ire Chief
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frfinNG AGENDA
MEM - 0RA -NDUM DATE. =
TO: City Council
FROM: Matt Luchetta, Fire Inspector 7n-d(
DATE: July 7, 1992
SUBJECT': Abatement of Public Nuisance at 663 Church Street - Item 8
I am requesting that Item 8, scheduled to be presented tonight, July 7, 1992, be tabled until July 21,
1992. Two legal items need to be addressed before this agenda can be presented to Council.
The attached is an updated report which will be presented to Council in lieu of the one originally
scheduled for presentation tonight.
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