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RESOLUTION NO. 5828
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, DECLARING A PUBLIC NUISANCE
AND ORDERING THE REHABILITATION AND/OR DEMOLITION
OF REAL PROPERTY LOCATED AT 533 VALIDO ROAD,
ARCADIA, CALIFORNIA, AND AUTHORIZING THE DIRECTOR
OF FINANCE TO COLLECT THE COST FOR ABATEMENT, IF
ABATEMENT AT CITY EXPENSE IS REQUIRED
WHEREAS, pursuant to section 731 of the California Code of
Civil Procedure, Government Code Sec~ions 38771, 38773, 38773.5,
Uniform Building Code Section 203, Health and Safety Code sections
17920 et. seq. and 17980 et. seq., Arcadia Municipal Code Sections
9400 et. seq. and 8010 et. seq., the City of Arcadia is authorized
to protect the health, safety, and welfare of the Community ~nd its
inhabitants from deteriorating, dilapidated, sub-standard and
unsafe conditions, and to determine and abate public nuisances
related to such problems consistent with due process requirements;
and,
WHEREAS, consistent with the above, public hearings were
conducted with due notice to the property owner with reference to
real property located at 533 Valido Road, Arcadia, California; and,
WHEREAS, this Resolution was directed by the city Council at
the conclusion of the hearing of October 4, 1994 to reflect the
Council's findings and decision.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
SECTION 1.
That the City Council has reviewed the entire
RECORD of the proceedings which includes the following:
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submitted and presented at the public hearings
conducted on May 17, 1994, August 16, 1994, September 20, 1994 and
October 4, 1994 including:
(1) Written City staff reports and memos.
(2) Inspector reports and reports from independent
consultants.
(3) written communications and testimony from neighbors
of property owner.
(4) Staff testimony.
(5) Testimony and argument on behalf of property owner
by legal counsel.
(6) written communications from property owner.
b. The following chronology relative to subject nuisance
abatement proceeding:
(1) On March 29, 1994, numerous building, fire, and
health violations were noted during a site inspection of the
property..
(2) On April 19, 1994, the Notice of Public Hearing and
Order to Abate setting forth the date for public hearing on May 3,
1994 was faxed to California Federal Savings & Loan (the company
who holds title on the property). In addition, copies were mailed
to both parties i.e., the property owner, Mary Card, and California
Federal Savings & Loan.
(3) On April 20, 1994, the Notice of Public Hearing and
Order to Abate setting forth the date for May 3, 1994 was hand
delivered to the property owner, Mary Card.
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(4) On May 2, 1994, Ms. Peters (Mary Card's attorney)
requested continuance of the public hearing to allow her adequate
time to review the case.
A letter indicating staff's recommendation for
continuance was hand delivered to the property owner, Mary Card,
and faxed to California Federal Savings & Loan.
(5) On May 3, 1994, the city Council continued the
public hearing to their May 17, 1994 meeting to allow the property
owner and her attorney an opportunity to review the case.
(6) On May 17, 1994, the City Council adopted Resolution
No. 5790 declaring the property a public nuisance and ordering the
rehabilitation and/or demolition of the real property. The
property owner, Mary Card, was given ninety (90) days to abate the
nuisance.
(7) On July 12, 1994, staff met with Ms. Peters (Mary
Card's attorney) to initiate a course of action to cause clean-up
or demolition of the structure. It was agreed that the City would
arrange to fumigate and clean-up the property. In addition, Ms.
Peters agreed to provide to the City, no later than Friday, August
12, 1994, a letter and a contractor's report outlining what action
would be taken to bring the property into compliance.
(8) On July 13, 1994, a follow-up letter was sent to Ms.
Peters that summarized the agreed upon action to be taken on the
property, as discussed at the meeting of July 12, 1994.
(9) On July 17, 1994, exterior clean-up was started.
(10) On July 18, 1994, the house was fumigated.
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(11) On July 22, 1994, interior clean-up began. The
primary purpose of cleaning the house and removing the debris was
to provide Ms. Peter's contractor adequate access to the interior
of the house to evaluate the damage and determine what would be
necessary to repair the home to bring it into compliance.
(12) On August 5, 1994, after reassessing the amount of
work that was necessary to completely clean the entire house, a
letter was sent to Ms. Peters advising her that the following
actions would be completed and that no other work would be done on
the property:
Remove the items already packed and boxed, and deliver
them to Mary Card's storage unit; and
Relocate items around the perimeter of each room and
place them in the middle to allow Ms. Peters
contractor to maneuver through each room to properly
assess the damage and determine what repairs are
necessary.
The letter also reminded Ms. Peters that the contractor's
report was due on August 12, 1994.
(13) On August 16, 1994, a city staff report was
presented to the city council regarding the status of the property.
At that time, the City Council was advised that the contractor's
report had not been submitted. At this hearing, Ms. Peters advised
the City Council that she would have the report to the city no
later than August 26, 1994.
The City Council continued its
consideration of this matter for 30 days (September 20, 1994).
(14) On August 18, 1994, a follow-up letter was sent to
Ms. Peters advising her of the city Council's 30-day continuance,
and that the contractor's report and a "work completion schedule"
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were due on or before August 26, 1994.
(15) On September 20, 1994, the City Council continued
its consideration of this matter to tonight's meeting.
A petition signed by 25 neighbors was submitted to the
city Council at its September 20, 1994 meeting, requesting that the
city Council take some affirmative action to abate this nuisance.
(16) Notice has been provided to Ms. Card advising her
of the October 4, 1994 hearing i.e. on September 22, 1994, a letter
was mailed to the subject address where Ms. Card continues to pick-
up her mail, and a copy was posted on the property. The letter
recommends that either she or someone on her behalf attend the
October 4th meeting. The City Attorney has confirmed that Ms. Card
has notice of the public hearing. Ms. Card presented a letter to
the city Council reflecting her being put on notice and requesting
a continuance.
SECTION 2. Based on the record, the following FINDINGS are
made:
a. The wood shingle roof is a completely damaged; in the
westerly bedroom, there is a large hole open to the sky and the
remainder of the roof is badly damaged. The entire roof will need
to be replaced.
b. Water damage is visible in almost every room; the
second floor structure could have some very serious problems that
cannot be seen without a detailed inspection.
c. The general condition of the interior wall and
ceiling plaster will require the entire second floor to be
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resurfaced.
d. The plumbing appears to be damaged and will need to
be inspected and possibly replaced in the bathrooms and kitchen.
e. The heating system needs to be replaced.
f. The electrical wiring appears to be water damaged.
In addition there was extensive rat infestation which has possibly
damaged the electrical wires inside the walls.
g. The main electrical service is not to current Code
standards. A complete electrical inspection should be done to
determine the extent of damage to the electrical wiring and
service.
h. Most of the doors and windows are warped, damaged,
out of alignment, and unable to be opened; all will need to be
replaced.
i. The housing foundation shows signs of cracks.
j. Based upon recent plumbing repairs on the site, it
appears the sewer may be blocked; excavation will be required to
determine damage and possible replacement may be necessary.
k. There are 3 layers of asphalt on the driveway which
will need to be removed and replaced.
1. Roof gutters are rusting and in some areas are rusted
through.
m. The wood siding is extremely weathered, the paint has
separated and will require complete removal to get to the base to
provide proper bond to the wood.
Also, the siding has been in contact with the dirt and dry rot is
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present. The soil will have to be lowered and the siding removed
which is dry rotted. Although the house has been fumigated, there
is termite damage which will have to be removed and replaced with
new material.
n. The den in the back of the house was enclosed without
permits. The roof sheeting leaks and is dry rotted in several
locations. The wall paneling is water damaged and shows signs of
dry rot. Permits should be obtained for the room or this portion
of the structure should be removed.
o. There has been no significant change to the
conditions and violations reported on March 29, 1994 and to the
Building Code, Housing Code, Fire Code and Property Maintenance
violations as reported at the hearing of May 17, 1994 and reflected
in the attached Exhibit "A" incorporated as part of the Findings
set forth in this Resolution.
p. The current and on-going condition of the property,
particularly in view of property owners lack of compliance and
history of non-compliance will cause the property to continue to
deteriorate and become structurally unsafe, with a high likelihood
of electrical problems on the site.
SECTION 3. Based on review of the record and the above
FINDINGS, the following DECISION is rendered:
a. A public nuisance exists on subject property which is
dilapidated, deteriorating, sub-standard and unsafe.
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b. within thirty (30) days of the date of this
Resolution (on or before November 18, 1994) the property owner
andlor her duly authorized agents shall rehabilitate the property,
or commit to rehabilitation by a binding written agreement with the
City and the attainment of necessary permits to complete the work
within a specific time schedule as deemed necessary by the City
Manager or demolish the property within thirty (30) days of the
date of this Resolution (November 18, 1994) pursuant to the
required permits or commit to demolition within the thirty (30)
days by a written agreement that specifies when demolition shall
occur as approved by the City Manager. All referred to agreements
must be approved as to form by the Arcadia city Attorney.
c. If the above does not occur as set forth in (b), the city
shall abate the nuisance through demolition of the property at the
property owner's expense, subject to any necessary court orders.
Pursuant to all required notice and procedures, property owner
shall be billed for this cost with the appropriate inclusion of
this expense on her property taxes and as a lien pursuant to
statutory requirements.
SECTION 4. The city Clerk shall certify to the adoption of
this Resolution.
III
III
III
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Passed, approved and adopted this 18th day of October, 1994.
?77dA1'4~
Mayor of t c~ty f Ar ia
ATTEST:
APPROVED AS: TO FORM:
lr1 'd, ~
Cit~ Y
City of Arcadia
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF ARCADIA )
I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby
certify that the foregoing Resolution No. 5828 was passed and
adopted by the City Council of the city of Arcadia, signed by the
Mayor and attested to by the city Clerk at a regular meeting of
said Council held on the 18th day of October, 1994 and that said
Resolution was adopted by the following vote, to wit:
AYES: Councilmember Chang, Kuhn, Lojeski, Margett and Young
NOES: None
ABSENT: None
,/
J
ci
lerk
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The following Housing Code, Fire Code and property maintenance problems were
noted on the property during an inspection on March 29, 1994:
1. A leaking sewer line.
2. Water leaking from the faucets, shower and toilets in the kitchen and
bathrooms. .
3. Boxes, clothes and papers 3 to 4 feet high throughout the house, causing many
areas to be impassable and restricting movement through the house to a
"single file" manner.
4. Access to the stairway and second floor area obstructed by boxes, clothing and
other miscellaneous items.
5. Multiple extension cords being used to run two space heaters in the front
room.
6. There is no gas service to the house. According to Mrs. Card, gas was turned
off for two years due to lack of payment; this was confirmed by the Gas
Company.
7. There is a lack of hot running water as a result of the lack of gas service.
8. Fecal matter and two rat carcasses were seen in the upstairs and downstairs
area and rat droppings are throughout the house.
9. There is water damage and structural deterioration on the second floor
resulting from a hole in the roof and second rloor ceiling.
10. There is inadequate weather protection on the exterior of the house due to the
lack of paint.
11. The roof is badly deteriorated and in the westerly bedroom, open to the sky.
The ceiling also appears to have collapsed from water damage as a result of the
damaged roof (see photographs).
12. Ceiling and roof members appear to be sagging due to weather deterioration.
Based upon inspections by the Fire Department (Inspector Craig Stogner), the
Building Division (Building Inspector Bill Tarin) and the Los Angeles County Health
Department (Radwan A Hiouda) the house was deemed unsafe to inhabit, and was
posted 'Unsafe to Occupy" under Section 8130 of the Arcadia Municipal Code.
Copies of the reports from th.e Fire Department, Health Department and Building
Division are attached as exhibits.
EXHIBIT "A"
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Mrs. Card has .!lQ1 been allowed to live in the house since the property was posted as
unsafe; however, she has been permitted limited access to remove clothing and
other personal items.
Building and Housing Code Violations
Section 8130.1, sub-section 203(a) of the Arcadia Municipal Code reads: "every
building which has any of the conditions or defects hereinafter described shall be
deemed to be dangerous or unsafe." The house is unsafe because of the following:
1. Sub-section 203(a)(1). "Whenever any door, passageway or stairway is so
arranged as to not provide safe and adequate means of exit in case of fire or
panic."
Facts:
Boxes, clothing and miscellaneous articles are obstructing and/or hindering
access throughout the living room, downstairs hallway, rear family room and
stairway and hallways to the second floor bedrooms.
2; Sub-section 203(a)(2), Whenever the walking surface of any passageway or
stairway is warped, worn or otherwise unsafe as to not provide safe and
adequate means of exit in case of fire or panic.
~
The stairway to the second floor is cluttered with boxes, magazines, clothing and
miscellaneous items which prohibits safe passage up and down the stairs.
3. Sub-section 203(a)(4). Whenever any portion has been damaged by any cause to
such an extent that the structural strength of stability is less than the minimum
requirements of new buildings with similar purpose.
Facts:
The house was constructed in 1948. According to the City's records, the wood .
shingle roof has never been replaced. The roof is dilapidated and there are
several holes in it, exposing the house to the elements for the past few years.
The second floor ceiling in the west bedroom has collapsed as a result of rain
and has warped the second floor in its entirety. Water damage has also caused
considerable fastener damage to the second floor bedroom ceiling and the first
floor ::itchen ceiling. These ceilings could collapse because of the fastener
damage! .
EXHIBIT "A"
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4. Sub-section 203(a)(S). '.'.henever any portion or member thereof is likely to fail
or collapse and thereby injure persons or damage property.
lliU.;
(-
The enclosed patio (which has no permits) at the rear of the llving room and
accessed through the kitchen has been reroofed what appears to be twice.
During the inspection, the roof shows signs of leaking and is water logged
which makes the members extremely heavy, which could cause possible
collapse!
5. Sub-section 203(a)(9). Whenever for any reason, the building is manifestly
unsafe for the purpose ror which it is being used.
Facts:
Based on the above observations, the building is unsafe for human habitation.
6. Sub-section 203(a)(13). Whenever any building is being maintained in violation
of any specific requirements of the building or housing code.
Facts:
There is !lQ natural gas provided for heating or hot water. According to the Gas
Company the gas has been off for approximately six years due to non-payment
of service. Also, there has been no maintenance of the main sewer line. The
building sewer system has backed-up several times over the past two years
causing the City to contract with licensed plumbers to free the stoppage.
7. Sub-section 203(a)(lS). Whenever a building is intended to be used for dwelling
purposes, because of inadequate maintenance, dilapidation, decay, damage,
faulty construction, or arrangement, inadequate light, air or sanitation facilities,
or otherwise determined by the health officer to be unsanitary and unfit for
human habitation or in such a condition that is likely to cause sickness or
disease.
Facts:
The building is being maintained with all of the violations noted above. In
addition, there is rat infestation, lack of cleanliness throughout the house,
leaking plumbing fixtures, lack of exterior weather protection (paint) and lack of
egress in the house. The Health Department has ordered the property owner to
eliminate the rat problem (see attached report from the Health Department).
EXHIBIT "A"
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In addition, 5e(lion 100l.{a) of the 1991 Uniform Housing Code states that "any
building or portion thereof which is determined to be an unsafe building in.'
accordance with Section 203 of the Building Code....in which there exists any of the
conditions referenced in this section to an extent that endangers the life, limb,
health, property, safety or welfare of the public or the occupants thereof shall be
deemed and hereby...declared to be substandard buildings". fn addition to the above
violations, the following are also violations of the Housing Code:
1. Section lOOl./blS. Lack of hot and cold running water to plumbing fixtures in a
dwelling unit or lodging house.
Facts:
There is no gas to the house and, therefore, no running hot water to the
plumbing fixtures.
2. Section lOOl./hl2. Deteriorated or ineffective waterproofing of exterior walls,
roof, foundations or floors, including broken windows or doors.
Facts:
Both the exterior walls and the roofs are deteriorated. The exterior wood walls
lack proper weather proofing as a result of peeling and lack of paint; the roof has
deteriorated to such a point that there are holes exposing the structure to the
elements.
3. Section lOOl./kl. Hazardous or Unsanitary Premises. The accumulation of
weeds, vegetation, junk, dead organic matters, debris, garbage, offal, rat
harborages, stagnant water, combustible materials and similar materials or
conditions on a premises constitutes a fire, health or safety hazards which shall
be abated in accordance with the procedures specified in Chapter 11 of this Code.
Facts:
The house is unsanitary; as noted above there are dead rats and feces in both the
upstairs and downstairs; rat droppings are throughout the house; debris,
combustible materials and other items are 3 to 4 feet in height throughout the
house.
Fire Code Violations
The structure is in violation of the Uniform Fire Code Sections 2.101(a) and 2.201(b)
referring to unsafe buildings and structures.
EXHiBIT "A"
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The house is a high fire hazard due to improper storage of combustible material.
According to the Fire Department's report, "If a structure fire occurred in this.
dwelling, it would be unsafe to enter due to the condition of the upstairs ceiling/roof
and bedroom floors."
In addition, "Medical aid would be nearly impossible to effect due to restricted
entrance / exit and hazardous conditions."
Property Maintenance Violations
The property has also been cited for various property maintenance violations
including:
1. unsafe cuilding (9405.(2)J;
2. faulty weather protection and deteriorated buildings (9405.(3)(1)(1-4)];
3. refuse, offal, rubbish, etc. not disposed of properly (9405.(11));
4. lack of building maintenance [9405.(12)(15) and 9405.l(a)]; and
S. maintenance of building with refuse and waste material or any kind of other
unsanitary substance and not keeping property free from waste (940S.1.(c) and
9405. I.(e)).
EXHIBIT "A"
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