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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(1) failing to comply with the approved plans; (2) continuing to work on the addition after his building permits had been revoked; (3) permitting residency in the unfinished portion of the structure without a certificate of Occupancy by the Building Officer; (4) illegally connecting the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;