HomeMy WebLinkAbout03/17/1998, 4 - PUBLIC HEARING REGARDING 663 CHURCH STREET council 3/17/98
j agenda uepont
CITY OF SAN LU IS O B I S P o
FROM: Robert F. N 7
ann, Fire Chief@ „/r
Prepared by: John Mad d' Fire Inspector and Viv R. Dilts, Administrative Asst.
SUBJECT: Public Hearing Regarding 663 Church Street
CAO RECOMMENDATION:
Adopt a resolution declaring a public nuisance exists at 663 Church Street and ordering the
abatement of the same.
DISCUSSION
Background
City staff has received many citizen complaints over the years regarding the fire safety and visual
appearance of this residence. On July 28, 1997, staff received a letter from Mr. Johnson,
655 Church St., stating, "Mr. Jackson has once again accumulated an ugly and dangerous
collection of junk ... Obviously, we are looking at a health and fire hazard here. Please act
immediately to declare the property a public nuisance and once again, order the debris abated". In
October, 1997, a telephone complaint was received from Ms. Bonnie Post, 671 Church St., who
states she has mice/rats in her house. She believes the rodents are coming from her next door
neighbor's property at 663 Church St.
Both Fire and Community Development Departments' staff have inspected the site on numerous
occasions. An exorbitant amount of trash and combustible materials were found stored in and
around the house. Also, the large accumulation of boxes, boards and other combustible material
on the ground lends itself to a rat habitat. If a fire was to occur on Mr. Jackson's property, the
heat 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 Assessors 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.
Council Agenda Report-Public Hearing Regarding 663 Church Street
Page 2
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.
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.
Ilmar 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 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 Hearine
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.
Council Agenda Report-Public Hearing Regarding 663 Church Street
Page 3
FISCAL IMPACT
Estimated costs to abate the property are $4,300. Breakdown is as follows:
Labor $1,900.00
Roll-Offs and Dump Fees $1,600.00
Other Charges $800.00
TOTAL $49300.00
The costs associated with this abatement will be paid directly from the Fire Department's
operating budget. However, all abatement costs have been placed as a lien upon the property.
ATTACHMENTS
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
y'3
RESOLUTION N0. (1998 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 is not 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:
44.' y
ABSENT:
the foregoing resolution was adopted this day of , 1998.
Mayor Allen Settle
ATTEST:
City Clerk, by Assistant City Clerk Kim Condon
APPROVED:
?7jenr, Ci Attey
,
r
•ff' r
655 Church Street
San Luis Obispo, CA 93401
July 26; 1997
Cindy Clemens
Assistant. City Attorney, City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401-3249
Dear Ms. Clemens:
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 at various times
been fined, prosecuted, and jailed over this situation. The litter and refuse at
663 Church was last abated by D. T. Yungling and Sons in April of 1996.
Mr. Jackson has once again accumulated an ugly and dangerous collection of
junk, as evidenced by the four photographs enclosed. These photos show the
front yard, driveway, and back yard of the Jackson property. Obviously, we are
looking at a health and fire hazard here. Please act immediately to declare the
property a public nuisance and once again order the debris abated.
Sincerely, r —
PC')L `^
Richard E.ohnson
cc: John Madden, SLO Fire Department
�{6
PROOF OF SERVICE BY PERSONAL DELIVERY
STATE OF CALIFORNIA, COUNTY OF SAN LUIS OBISPO
I am a resident of the County.aforesaid; I am over the age of.eighteen (18) and not a.party
to the within entitled action; my business address is 2160 Santa Barbara Avenue, San Luis Obispo,
California.
On February 9, 1998, I served a copy of the Resolution regarding the
Ordering of a Public Hearing concerning a Public Nuisance , and notification of various violations of the
San Luis Obispo Municipal Code upon: Mr. Ilmar P. Jackson
663 Church St.
SILO, CA 93401
by personally delivering said documents to Mr. Ilmar P. Jackson at 663 Church St., on said date.
I declare under penalty of' perjury that the toregoing is true and correct and that this
&claration was executed on February 9, 1998.
JOI-It4 MADDEN
FIRE INSPECTOR
cc: Fire Marshal
p1 20.doc /I�7
2
S S A 9a
�� O aa0 a��^^'�• � � O O �b �. p
�`' o O O a ® �2 O O Gj SSO.9 �2 O OZg ,• �Z�.
O� \ �P a3�o •e�h 40a� Q i
a �` ��0 4 -c• c
a0 O
aa0°O m a�Oa�O 0 \ rn�
'sA O d��0
J
B
vO� U1 `' OaS
to
A ov
c Op p� 2010 N N 0
93 HIGH 1.2 ST. 1.2 `C
N N IQ r N 1 h Pr� ISI m 15 n^ �N�N -Q 011 i6 FO Ol N
1m m 0 of bbl
m Gd dd2 a Ln nnn_ N -- b 10 m �m
m v v !r 1 ti s' n �' c
ro � � .I� p N 1
❑ L O O �1 r
2 P9L/� 2030 1-l �51 4
2 2 VJ 20062 2067 20 � fV J� 2030).1 2661 2060
=311- 2-065
❑ T3 n � 2066 L � —
a[+t• 206 2064 p ❑ O ___ 2075 �{
❑N Q m❑I� ❑ 2084 N �� `
N 2CQ5 '�� V Q Q 'd h�n N n n
1.zSANDERCOCKI.? ST. 13 12
to 10 On-0In v v c 2YLs� Om O ti OF m❑ Z lr—,1——r—r-4 —k—f
it V
2❑1 /A ❑ 20 O
❑a 2111 0
Vl ❑ + 1SN, HAWTHORNE
21 29-2 o ❑ 21'19
O D 149 Z 2138 2145 SCHOOL
2129 Q 2126 0 ` ' 20 2 2135
1 3 s
121;5.4 Cp ❑ m Or❑m HHH •r-�—it )t x-m
UI N Q
214' N�6 a
�8
APR 2 8 1996 p q4