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SR-416-006 (3) TH 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 th 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 th 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 th Staff received a complaint of a dilapidated, possibly abandoned building at 2502 7 Street. 1 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 2 and to the safety of the community. The Judge issued a warrant ordering the City to enter . 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 3 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 th 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 th 7 Street, Santa Monica, California; and 3. Authorize the filing of a Notice of Lien with the Los Angeles County Recorder and 4 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) 5 ATTACHMENT B 6 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 7 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. 8 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. 9 ATTACHMENT C 10 CITY OF SANTA MONICA CODE COMPLIANCE SECTION NOTICE OF COST OF ABATEMENT LOCATION: LEGAL DESCRIPTION: th 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 th 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 th 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 11