SR-416-006
.
tj/6--tJo~
~~
APR
9 !n,l'
;j~I
Ml1J ') r 1~j(H
~ ~ ,t.v' ....,-J.
RMM:MT:ptm129rljhpc
city Council Meeting 3-26-91
TO:
Mayor and City Council
Santa Monica, California
APR 2 19S1
FROM:
NUISANCE ABATEMENT BOARD
William Rome, Secretary to the Board
SUBJECT:
Recommendation to Hold a Public Hearing and
Adopt a Resolution of Confirmation Regarding
The Costs of Abating a Public Nuisance at
2438 Ocean Park Blvd., Santa Monica, California.
INTRODUCTION
This report requests that the City council hold a public
hearing to hear protests or objections, if any, by the property
owner, regarding the placement of a special assessment on the
property located at 2438 Ocean Park Blvd., Santa Monica,
California (ltsubject propertylt) for the cost of abatJ.ng a public
nuisance at the subject property. Following the public hearing
it 1S requested that the city Council adopt a Resolution of
Confirmation affirming the special assessment on the subject
property of abatement costs by the Nuisance Abatement Board
(ItNABII).
BACKGROUND
On January 14, 1991, the city of Santa Monica, pursuant to
a Resolution of the NAB and a Judgment of the Superior Court,
demolished the rear portion of the structure located on subject
property, but retained the original portion of the structure.
All work performed after 1980 on the revoked building permJ.ts in
violation of the building, fire and other technical codes were
found to be in violation of the Santa Monica Municipal Code and a
public nuisance.
~A
APt?
q '9
,- j 91
MAR 2 ~ n;;
- 1 -
APR () ~QC1
(.; ".J I
.
.
Mr. Gonzales violated the Municipal Code by: (1) failing to
comply with the approved plans; (2) continuing to work on the
addition after his building permits had been revoked; (3)
permitting residency in the unfinished portion of the structure
without a certificate of Occupancy by the Building Officer; (4)
illegally connecting the electrical and plumbing systems: (5)
insufficient fire prevention systems, including inoperative smoke
alarms, inadequate fire separations and excess flammable
materials in the structure, under stairways and in the carport
near flammable liquids: and (6) unsanitary conditions on the
premises and on adjoining property.
Over the past 10 years, Mr. Gonzales has been informed by
the Building and Safety Division and the Building and Safety
Appeals Board that the property was not in comforrnance with the
City's construction codes and could not remain in its uncorrected
state. Rather than seek a new permit, Mr. Gonzales continued his
illegal construction in direct violation of the city's orders.
In 1988, Mr. Gonzales was criminally prosecuted for his
violations and he pleaded no contest to the charges. He was
placed on probation which he promptly violated by continuing to
permit the illegal occupancy of the unfinished structure. In
1990, the City commenced a civil action against Mr. Gonzales for
abatement of the pUblic nuisance and the Superior Court entered a
judgment against Mr. Gonzales permitting the demolition of the
offending portion of the building. However, both the NAB and the
Superior Court gave Mr. Gonzales the initial opportunity to abate
- 2 -
.
.
the public nuisance, but gave the City the right to abate the
pUblic nuisance if Mr. Gonzales failed to take any action.
The outside contractor, which performed the demolition for
the City after Mr. Gonzales failed to abate the public nuisance,
completed its work in approximately seven working days at a cost
of $21,640.00. In addition, the City was forced to have a police
officer present at the commencement of the demolition to ensure
that the occupants of the structure did not interfere with the
work. The cost for the officer was $229.93. The total amount of
the assessment would be $21,939.93.
On March 1, 1991, pursuant to Santa Monica Municipal Code
Section 8312, the NAB caused notice of the cost of abatement to
be given and set forth the day, hour and place of this hearing on
the report of the NAB of the cost of the abatement and any
objections or protests raised by the property owner. If the
assessment is not paid within 10 days of the hearing before the
City council and its confirmation of the NAB report, it shall
constitute a special assessment against that parcel of property
and the City can file a Notice of Lien with the County Recorder.
The City can then judicially foreclose on the lien or have the
Notice of Lien delivered to the Los Angeles County Auditor for
entry in the County Assessment Book opposite the description of
the particular property and the assessment shall be collected
together with all other taxes thereon against the property.
- 3 -
.
.
BUDGET/FINANCIAL IMPACTS
Funds for abatement of the property were appropriated from
account number 01-500-481-00000-6642-00000 (Weed Abatement).
Revenue from this special assessment will be credited to the
Other Miscellaneous Revenue account number
01-130-224-00000-0417-10000. Budgeted revenue in this account
will be increased by $21,940.00 to reflect anticipated receipt of
funds.
RECOHMENDATrON
It is respectfully recommended that the City council:
1. Hold a public hearing regarding the special assessment
of cost on the property located at 2438 Ocean Park Blvd., Santa
Monica, California;
2. Following the public hearing, adopt the attached
Reso1uton of Confirmation which affirms the action of the
Nuisance Abatement Board with regard to the property located at
2438 Ocean Park Blvd., Santa Monica, California:
3. Authorize the filing of the Notice of Lien with the Los
Angeles County Recorder and have the Notice of Lien delivered to
the Los Angeles County Auditor for entry in the County Assessment
Book opposite the description of the particular property for
collection of the special assessment together with all other
taxes on the property; and
- 4 -
.
.
4.
budgeted
in
Account
Increase
revenue
01-130-224-00000-0417-10000.
Prepared by: william Rome, Building Officer
Martin Tachiki, Deputy City Attorney
Attachment: Resolution of Confirmation
- 5 -
Number
.,
.
.
l
RM:MT:ptm129r3jhpc
City Council Meeting 3-26-91 Santa Monica, California
RESOLUTION NO. 8202 (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA CONFIRMING THE REPORT OF THE
NUISANCE ABATEMENT BOARD AND AUTHORIZING THE
SPECIAL ASSESSMENT OF NUISANCE ABATEMENT COSTS
UPON CERTAIN PROPERTY WITHIN THE CITY
WHEREAS, the Nuisance Abatement Board adopted a Resolution
on November 28, 2990 declaring the unfinished structure located
at 2438 Ocean Park Blvd., Santa Monica, California ("subject
property") to be a public nuisance and authorizing city personnel
to demolish the offending portion of the structure;
WHEREAS, the Superior Court for the County of Los Angeles
in People v. Gonzales, Case No. WEe 139 688 entered a judgment on
August 24, 2990 against the owner of the subject property
declaring the condition of the subject property a pUblic nuisance
and authorizing the abatement of the public nuisance by
demolition of the offending portion of the structure;
WHEREAS, pursuant to the authorization of the Nuisance
Abatement Board and the Superior Court, the City has demolished
the offending portion of the structure on the subj ect property
and incurred costs in abating the public nuisance;
WHEREAS, the Nuisance Abatement Board caused to be served
upon the owner of the subj ect property a Notice of Cost of
Abatement setting forth the amount of the proposed assessment and
the date, time and place of the hearing on this Resolution,
WHEREAS, the Nuisance Abatement Board, concurrently with
the submittal of this resolution, has submitted its report
- 1 -
t
.
.
regarding the abatement of the public nuisance on the subject
property;
WHEREAS, the City Council for the city of Santa Monica has
held a public hearing regarding the special assessment of costs
for the abatement of the public nuisance on the subject property,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA RESOLVES AS FOLLOWS:
SECTION 1.
The report of the Nuisance Abatement Board
regarding the public nuisance at 2438 Ocean Park Blvd., Santa
Monica, California is confirmed.
SECTION 2. City personnel are authorized, if payment of
the nuisance abatement costs are not paid within 10 days of this
confirmation the Nuisance Abatement Board's report and adoption
of this Resolution, to place a special assessment against the
subj ect property and cause the assessment to be collected by
judicial foreclosure on the lien or by the County of Los Angeles
when it collects all other taxes on the subject property.
SECTION J. The city Clerk shall certify to the adoption of
this Resolution, and thenceforth and thereafter the same shall be
in full force and effect.
APPROVED AS TO FORM:
~~~~
ROBERT M. MYERS
City Attorney
- 2 -
~
.
.
,
Adopted and approved this 9th day of April, 1991.
o a.&.&
<< Mayor
I hereby certify that the foregoing Resolution No. 8202(CCS)
was duly adopted by the city council of the City of Santa Monica
at a meeting thereof held on April 9, 1991 by the following
Council vote:
Ayes: Councilmembers: Genser, Holbrook, Olsen, Vazquez,
Zane, Mayor Abdo
Noes: Councilmembers: None
Abstain: Councilmembers: None
Absent: Councilmembers: Katz
ATTEST:
~ /?'l /
~;~~~~
~ l.7 crtYCl~k.
r;