SR-416-006 (3)
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PCD:SF:TM:MD:F:\BLDGSAF\ADMIN\CODE COMPLIANCE\LIEN/2502 7
Council Meeting: September 23, 2003 Santa Monica, California
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Public Hearing and Resolution of Confirmation Regarding The Costs of
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Abating a Dangerous Building at 2502 7 Street, Santa Monica, California
INTRODUCTION
This report requests, pursuant to Section 8.88.010 of the Santa Monica Municipal Code,
that the City Council hold a public hearing to hear protests or objections, if any, by the
property owner, regarding the placement of a lien or special assessment on the property
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located at 2502 7 Street, Santa Monica, California (?subject property?) for the recovery of
City costs to abate a dangerous building. Following the public hearing, it is requested that
the City Council adopt a Resolution of Confirmation affirming the lien and special
assessment for the abatement costs. Staff is requesting action at this time because the
property is currently in escrow and the property owner has indicated the abatement costs
will be paid from proceeds of the property sale.
BACKGROUND
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Staff received a complaint of a dilapidated, possibly abandoned building at 2502 7 Street.
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Physical inspection of the subject property and subsequent research revealed that a family
of four was the only occupant of the one building, a six-unit multifamily structure, on the
subject property. Besides the six-unit multifamily structure, the subject property also
contained a large carport structure at the rear property line.
After inspections by code compliance officers, a code compliance supervisor, a building
inspector and the Building Official for the City, the subject property was determined to be
uninhabitable. The building?s roof was completely rotted through, and an exterior stairway
was separating from the structure. The roof and stairs had rotted to the point of being in
imminent danger of collapse. The remainder of the structure, including floors and walls,
was in a similarly perilous condition. These conditions constituted a health hazard, fire
hazard and a violation of zoning provisions, all of which collectively constituted a
Dangerous Building as defined in Section 8.88.010 of the Santa Monica Municipal Code.
The subject property posed a danger to life and limb of both the occupants and any person
who would be exposed to the subject property. The dangerous building required
immediate abatement.
Staff ?red tagged? the building on the subject property on June 23, 2003, and ordered the
building to be immediately vacated. The property owner refused to leave. On July 2,
2003, staff, with the assistance of the City Attorney?s Office, obtained an inspection and
abatement warrant for the subject property, and Judge Bernard Kamins of the Los Angeles
Superior Court found the property was a danger to the health and welfare of the occupants
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and to the safety of the community. The Judge issued a warrant ordering the City to enter
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the subject property and abate the dangerous building conditions that existed
DISCUSSION
The expenses incurred for the abatement of the subject property are as follows:
Temporary Lodging $2,791.04
Board and Secure 8,223.35
Moving 4,335.51
Storage 2,304.56
Total $17,654.46
The City is authorized, pursuant to Section 8.88.010 of the Santa Monica Municipal Code
and pursuant to the two Administrative Warrants for Inspection and Abatement, to seek
reimbursement for the above expenses.
A letter from staff requesting payment was sent on August 11, 2003, to the property owner
and the real estate agent currently listing the subject property for sale. The real estate
agent has indicated to Code Compliance staff that subject property is currently in escrow,
and the property owner plans to have the bill paid from the proceeds of the sale of the
property.
If the abatement costs are not paid prior to the hearing before the City Council and its
confirmation of this report, it shall, pursuant to Section 8.88.010 of the Santa Monica
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Municipal Code, constitute a special assessment against the subject property and shall be
recorded with the Office of the County Recorder of the County of Los Angeles. Such lien
shall be collectible at the same time and in the same manner as secured property taxes
are collected and shall be subject to the same penalties, priorities, and procedures in the
case of delinquency.
Budget/Financial Impacts
Funds received from the lien and special assessment of said property will be credited
to account 12274.578510 ($9,431.11) and 01401.404910 ($8,223.35).
RECOMMENDATION
It is respectfully recommended that the City Council:
1. Hold a public hearing regarding the costs of abatement at the property located at
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2502 7 Street, Santa Monica, California;
2. Following the public hearing, adopt the attached Resolution of Confirmation which
affirms the actions and report of the Director of Environmental and Public Works
Management with regard to the cost of abatement at the property located at 2502
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7 Street, Santa Monica, California; and
3. Authorize the filing of a Notice of Lien with the Los Angeles County Recorder and
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have the Notice of Lien delivered to the Los Angeles County Auditor for entry in the
County Assessment Book opposite the description of the Subject Property for
collection of the special assessment together with all other taxes on the property.
Prepared by: Suzanne Frick, Director, Planning and Community Development
Craig Perkins, Director EPWM
Tim McCormick, Building Officer
Joan Akins, Administrative Services Manager
Barry A. Rosenbaum, Senior Land Use Attorney
Michael Dominguez, Senior Administrative Analyst
Attachments: A. Resolution of Confirmation (See Adopted Resolution No. 9896 (CCS))
B. Timeline of Abatement Events
C. Notice of Cost of Abatement (including expenses and invoices)
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ATTACHMENT B
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TIMELINE OF ABATEMENT EVENTS
On or about the evening of July 1, 2003, the property owner and his family vacated the
subject property. The City Housing and Redevelopment Division provided temporary
relocation at the Travelodge Hotel in Santa Monica. The owner and his family (wife and
two teenage children) received two rooms for the period of July 1, 2003, through July 14,
2003. The total cost of this lodging was $2,791.04.
On or about July 5, 2003, staff rented a storage unit at Public Storage Inc., a public
storage facility in Venice, California, to provide storage for the property owner?s personal
belongings that were to be removed from the subject property. The cost for the month of
July for this storage unit was $331.20. The cost for the month of August for this storage
unit was $533.84.
On or about July 5, 2003, Ronnie Perez, an outside contractor to the City, provided moving
services to remove personal belongings of the property owner and his family.
Approximately one-quarter of all belongings were moved into storage. The cost of moving
was $1,380.00.
On or about July 7, 2003, Board-Ups Unlimited, an outside contractor to the City, fenced
the entire perimeter of the subject property and proceeded to board and secure
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approximately 90% of the dwelling. The cost of this operation was $4,232.10.
On July 16, 2003, due to the fact that the owner had not removed all personal belongings
within the required 48-hour time period stated on the initial warrant of July 2, 2003, Judge
Kamins ordered further abatement of the dangerous building conditions that existed on
the subject property. As part of the two Abatement Warrants, Judge Kamins ordered that
the owner of the Premises, Richard T. Sweet, reimburse the City for the payment of the
expenses incurred by the City carrying out the Court?s warrant to abate the dangerous
building.
On or about July 18, 2003, Mr. Move, an outside contractor to the City provided moving
services to remove personal belongings of the property owner and his family.
Approximately half of all belongings were moved into storage. The cost of moving was
$2,015.31.
On or about July 18, 2003, two additional storage units at Public Storage Inc., a public
storage facility in Venice, California, were rented for the months of July and August.
The cost of these two units for the specified time period was $1,439.52.
On or about July 19, 2003, Mr. Move, an outside contractor to the City provided moving
services to remove personal belongings of the property owner and his family. The
remainder of all belongings on the subject property were removed and placed into storage.
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The cost of moving was $940.20.
On or about July 22, 2003, Board-Ups Unlimited, an outside contractor to the City removed
all overgrown weeds and vegetation from the subject property and completed the board
and secure operation by boarding all windows and doors of the building permanently shut.
The cost of vegetation removal and completing the board and secure operation was
$3,991.25.
On July 29, 2003, Code Compliance staff, as part of the return of service on the warrants,
submitted copies of the receipts for the expenses incurred by the City to Judge Kamins.
The expenses incurred by the City in abating the dangerous building conditions total
$17,654.46.
On August 11, 2003, a letter was sent to Richard T. Sweet, the owner of the subject
property, and Irma Vargas, the real estate agent listing the subject property for sale. The
letter identified the expenses incurred in abating the dangerous building conditions. It also
provided copies of the related warrants and receipts and requested reimbursement of said
expenses.
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ATTACHMENT C
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CITY OF SANTA MONICA CODE COMPLIANCE SECTION
NOTICE OF COST OF ABATEMENT
LOCATION: LEGAL DESCRIPTION:
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2502 7 Street F P HOWARD'S SUB OF BLKS 24 AND 25
Santa Monica, CA 90405 LUCAS TR N W 50 FT MEASURED ON NE
AND SW LINES OF LOT 7 BLK C
APN: 4287-003-004
RECORD OWNER: Richard T. Sweet
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ADDRESS: 2502 7 Street
Santa Monica, CA 90405
NOTICE ALSO PROVIDED TO: Irma Vargas
Tierra Properties
11866 Wilshire Boulevard
Los Angeles, CA 90025
Dear Richard T. Sweet:
PLEASE TAKE NOTICE that the City Council of the City of Santa Monica at 6:45
p.m. on September 23, 2003 in the City Council Chambers located at 1685 Main Street,
Second Floor, Santa Monica, California 90401, or as soon thereafter as may be heard, will
hear and pass upon the report of the Code Compliance Section regarding the abatement
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of the dangerous building at 2502 7 Street, Santa Monica, California (?subject property?),
which abatement occurred in June/July 2003. The cost of abating the dangerous building
was $17,654.46. The City Council will also consider any objections or protests, if any,
which may be raised by you or any other interested person. The City will further consider
imposing a special assessment lien against the subject property for the cost incurred in
abating the dangerous building on your property.
The decision of the City Council shall be final and conclusive. The property may be
sold after three years by the tax collector for unpaid delinquent assessments.
A copy of the Code Compliance report will be mailed to you prior to the September
23, 2003 hearing.
SANTA MONICA BUILDING OFFICER
By:____________________________
TIMOTHY P. MCCORMICK, P.E.
Building Officer
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