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Home My WebLink About5991 RESOLUTION 5991 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DECLARING A PUBLIC NUISANCE AND ORDERING THE REHABILITATION OF REAL PROPERTY LOCATED AT 1106 SOUTH MAYFLOWER AVENUE, ARCADIA, CALIFORNIA, AND AUTHORIZING THE ADMINISTRATIVE SERVICES DIRECTOR TO COLLECT THE COST FOR ABATEMENT, IF ABATEMENT AT CITY EXPENSE IS REQUIRED, PER SECTIONS 9406.8, 9406.5 AND 9406.3 OF THE ARCADIA MUNICIPAL CODE WHEREAS, the City Council of the City of Arcadia, after consideration of evidence and testimony received at a hearing on this matter on May 6, 1997, determines that the real property located at 1106 South Mayflower Avenue, Arcadia, California, exists in a condition which violates various sections of the Arcadia Municipal Code as set forth in the attached documents, including the City staff report dated May 6, 1997, incorporated as part of this Resolution; and WHEREAS, said Council finds that Philip Whitlatch is responsible for the maintenance and condition of the property, which includes the real property and improvements located at 1106 South Mayflower Avenue, Arcadia, California, more particularly described as follows: F. A. Greier Tract N 77 ft of S 213 ft. of W 115.78 ft. of Lot 23, parcel #8509-007-019 in the City of Arcadia, County of Los Angeles, State of California. WHEREAS, other than Philip Whitlatch, there appears to be no other person(s) in real or apparent charge and control of said premises; and WHEREAS, this Council, in accordance with the provisions of the above referred to code sections, can issue an Order to said responsible party to either clean up, rehabilitate, or otherwise bring said property into compliance with the provisions of the applicable codes; and -1- 5991 . WHEREAS, on April 16, 1997, a Notice of Public Nuisance and Order to Abate was mailed to Philip Whitlatch and posted on the subject property. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE IN ACCORDANCE WITH THE PROVISIONS OF SECTION 9400 ET. SEQ. OF THE ARCADIA MUNICIPAL CODE AS FOllOWS: Section 1. That conditions exist on the subject property that are. substandard and unlawful pursuant to Arcadia Municipal Code Sections (9405.3.(a)(3), 9405.4, 9405.8, 9405.9, 9405.10, 9405.11, 9405.12, 9405.14a and 9402.3.10), and that the dwelling and property are maintained in violation of the provisions applicable to such property, all of which constitute a public nuisance (Arcadia Municipal Code Section 9405). Section 2. The responsible party is hereby ordered to abate the public nuisance as described herein within twenty (20) days of the date of this . Resolution. Section 3. That the Building Official (or designee) shall monitor and inspect work performed pursuant to the aforementioned order of this Council and shall determine whether such Order has been complied with within the time allotted, including any extensions granted thereto. Any request for a time extension shall be granted only by the City Manager. Section 4. That should the Building Official determine that such aforementioned Order of this Council is not complied with within the time allocated, including any extensions granted thereto, he shall cause said property -2- 5991 to be rehabilitated or abated as deemed advisable. All repairs, rehabilitation or abatement shall be accomplished. under the supervision of the Building Official (or designee). Section 5. That the Building Official shall keep an account of the cost of such rehabilitation and shall render an itemized statement in writing to the City Clerk pursuant to Arcadia Municipal Code Section 9406.3. After the filing of this statement the City Clerk shall commence assessment procedures pursuant to Arcadia Municipal Code Section 9406.4 et. Seq. Section 6. That the total cost for abating the conditions of the above premises as confirmed by the City Council shall constitute a special assessment against the respective lot or parcel of land to which it relates and shall be collected as set forth in Arcadia Municipal Code Sections 9406.5, 9406.3 and/or 9406.9. Section 7. That the City Attorney shall obtain whatever Court Order or warrants are necessary as a prerequisite to abating subject public nuisance on private property. Section 8. That the City Clerk shall certify to the adoption of this Resolution and. that the Building Official or his designee shall cause it to be appropriately posted and served and shall further cause a copy of the same to be forwarded to the City Council of the City of Arcadia. -3- 5991 Passed, approved and adopted this 6th day of May, 1997. /L~ Mayor of the City of Arcadia ATTEST: J Approved as to Form: ~~w..J-l, Wlhl-- Michael H. Miller, City Attorney 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. 5991 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 on the 6th day of May, 1997, and that said Ordinance was adopted by the following vote, to wit: AYES: Council Members Kovacic, Kuhn, Young, Harbicht NOES: None ABSENT: Council Member Chang -4- 5991 .et:e~ :iJniJ ::;c;! ~d :-;.;: ;"ir-:. .' ~.:.~:.; :: .i~-:- ..,~........., ....1 n......~... :_~~..:. ......... ....-\0 . nor. ,...1:0.2.....:... '~..l :. :.t:..:,~~,"l_. ....= .'~' ::. ;~;~ -." . ,: - .0 ._, "', " ;; - STmREPORT DEVELOPlVIENT-SERVICES DEPARTMENT '. .- '.. ... - " '.' - ~ o .... "'-' -: ': . -- '. ,.' ., - ~ May 6, 1997 - .- . .... TO: Mayor and citY Council FROM: Do'nna L.- Butler, Community DevelopmentAdministrato~5- SUBJECT: - Recommendation. to deClare the property located at 1106 South MaYfiow~':, . .' . a public nuisance ,for the purpose of abatement (Phillip Whitlatch: propertY .. . - owner) -arid .adopt Resolution No: 5991 declaring the subjeCt property'.a public nuisance and ordering the rehabilitation of the propertY located at 1106 Mayflower Avenue and authorizing the Administrative Services Director to. collect the cost for abatement, if abatement at City expe.nse is ~~~ .~- SUMMARY This hearing has been scheduled pursuant to Section 9406 of the Arcadia Municipal Code to allow the City Council the opportunity to determine what action is necessary to abate the violations set forth in this report which were cited ori the property at 1106 South Mayflower Avenue. BACKGROUND AND DISCUSSION The subject site has been a property maintenance problem for the past few years and is inharmonious with the level of maintenance and appearance of. the surrounding properties. In 1993, the property owner, Phillip Whitlatch participated in our housing rehabilitation program at which time several code violations were brought into conformance and a new roof was installed. In April of 1996, a misdemeanor criminal case was dismissed against Mr. Whitlatch based upon the fact that the property had been brought into minimal compliance. At that time it was noted that "if further legal action is needed to gain compliance with regard to your property, there will be no disposition of the case and the City will seek reimbursement of costs." In August of 1996, we received another complaint regarding the maintenance of the property and the house. Based upon Code Services' Whitlatch, Property Maintenance May 6, 1997 Page 1 5991 ~~ ~JV-;.,~-Il(Ii,7.t .cbr."" "'~. ",~..._..-...... -_. L':;r--~ l' . '-~.i t-,,,t.._l f -~ i;.\,~:;..~.'''';''1 ~.v. . . ."'Ool.f"Q....:..:~~ ,~"" investigation, Mr. Whitlatch was sent a letter advising that he had until Septeriibei';~;:?J.a: , .-; . 1~;.:11 ~~!3to b~ing the property into compliance. . .. ':l~:(~':;'~'. ::'.:.:.. '~~-::-!'4 .:. ~:~-=-"__.'":.~:.--=-~__~=--=-=-:_:.:..-='="~~'-......:~-=~.=-~~- __ --=--==.~=~-: __ . _.. ,...._....,1'..._..... _ ._4"' ''''-'' "'7~ ...:.,,. ,;........... ......,.. ....,. .-' . .. ..J. As a:result.of.this'notic:;e.there was.some minor clean-up, however, in January, the property was once again in violation of the Arcadia Municipal Code and in addition to other violations, he was cited for having at least three (3) inoperable vehi<<l~s on the property . On March 11, 1997, the City Attorney advised Mr. Whitlatch that a Misdemeanor Criminal Complaint had been filed against him in the Santa Anita Municipal Court and he was ordered to appear for arraignment on April 3, 1997. Mr.'Whitlatch failed to appear for arraignment.anda bench warrant was issued in the amount of $500.00. The Notice of Public Nuisance and Order to Abate was sent by certified mail as well as reg~I~r;-mail ~n ApriJJ6io.Mr.wj,itlatc~: .In:addition, a"!~Ji.ce.:'''Y?s.'p'osied on the. pr9P~rty ~s r~qu}red by City.Code.' As of April 28,-Mr. Whitlatch has, not;:contacted the ~ity.or ackno\'iledged rec~ipt qf this notice. . .. . . .. . - - ... ,'. " . . . -' ~. .' . - . _,.:; . " '. .. . -:: ~ .'. I < .. _:'. . In :addition to general property maintenance issues relating to overgrown weeds, grass, . bushes and trees on the property and within the parkway area (Sections 9405.8, 9405.9 and 9405.12), the applicant has been notified regarding the following 'violations (see attached photographs): ,-. .: 1. The paint is excessively peeling on the southerly exterior of the':-.. hO use. . (940~.3.2!~405}.3) .. ... ~! . . .- 2. A tree house/structure near the garage area was constructed without permits (9402.3.1/9405.4) 3. Excessive accumulation of trash and debris and discarded miscellaneous items which are not screened from public view (9402.3.9/9405.10 and 9405.11,- 4. Abandoned, wrecked and dismantled vehicles which are stored in'- yard areas . (9402.3.10) Listed below are the procedures for abatement if the City Council declares the property a nuisance by adopting Resolution No. 5991: ./ The applicant will be given ten (10) days to clean up the property (unless extended by the City Council). ./ If the problems are not resolved within the prescribed time, the City Attorney will seek a court order to allow the City to abate the public nuisance. Whitlatch, Property Maintenance May 6, 1997 Page 2 (REc6MMENDAfio~J"~t.: \J:J b .r.. ,;.:~" ~.";: . _ -. ;.::'. . .: .::::-~in ?":::~::;. ;.-'(.:-: y. 90 t:l\v.~nc.s:) ~'ns ;1:t:1L : ~:;;~~ ".:'~ .::~~ '=;':'-:" (~.3u:-- ~ ~.-:.. '':... _~~ .......,., ...~..,.. ....__!""I;..., -. ...:...-~ ....; ~ 1" - ... '.- '. _" . _' _._.:1.., .........,..- The.'Development-Serilices"Department recommends that the City Cou.ncil conduct the -_:.~.... . -...........,-.....--.. .- - ., ... - -. .,... -.. -.... . public he-a ring and determine that the subject property is a public nuisance and direct the staff to proceed with the appropriate abatement by adopting Resolution No. 5911, a resolutio;' of the.'CitY 'Council of the City of ArCadia, Califomia, declanng a. "public nuisance aria.ordering the. rehabilitation of the property located at 1106 Mayflower Avenue, Arcadia, California, and authorizing the Administrative Services Director to collect the 'cosnor abatement, if abatement at City expense is. required per Section. 9406.3,9406.5 and 9406.8 of the Arcadia Municipal Code. ..- Attachment: Resolution 5991 Vicinity Map . - Photographs of subject property .-....,. ..' . . Approved by: . ~ . William R. Kelly, City Manager Whitlatch. Property Maintenance May 6, 1997 Page 4 5991 v' Contractors hired by the City and under supervision of City staff.~jl!,qe.,g~I/.fi!,~~~9.!~j~1/ up of the property including the parkway and yard areas. JuiilfariCl -debris will 'be . _ '.. ',4; r~m~~~,J!:9~.:~h~j~r~r:r!s.~,s a!()~g ;~,i~~c ~~-.i~~Pi~r3l~;l~e<<:y~~\~I~s;i}J~~im~9~!G~'X. ,. . <../::) "",,,(generator,.,!od mixer) Will either be ~emoved ,or stored II] an.appropqate lo.cation. ;,.11 he;:" ':.~:~'..;..~ ;'''.':'':,' .:;'~~:ji!~;';~~:;-;~:,,;c~;;,:.~;.;~,~ ::<..~:;:~':. ::c".~; ':~ i:"~::. t';;:;;;\;; '~7~;~:J~~~':~ ~5:,::-:: v' ~ Once ~ol):lplet~, '! .st~tement of the expenses ; Incurred in.the c:1~?~ up, a~(lc:lusJJ~g.' '.-'. , i!1spe<:tion. and relate~.enforcement costs) sha.l) be filed.w!t~ the qi!y :...Cle.r~, S:).lE2j.~n . _:: . .;~ _' , . .:" :.:.;..... ..' . _ ~ \'':,,::,;:-::r:,'':'. - .2.i,::",;'9Vr\ v'VVithin ten (10).daysafter.the.filing of the statement, the Ci.ty Cl.er~.s~?,ILh?ye ~Ef?PY of the statement served to the owner either personally or bygener?IAe.live'ry. al.ong with a Notice of Equalization of Assessment. v' . The Notice of Equalization of Assessment sets forth a date and time that the City Council shall hear any protest or objection to the cost of clean up,.""At t~i~,me~ting the City Council may modify or confirm the costs for abatem~,nt. of>;:!) . ~ .... .. 'i,.., .~ - _ ~. . . ~ ~ .~ .... ':1 ' v' If the cost is confirmed, the Administrative Services Director then sends out a bill for the assessment. v' Any bills unpaid at the end of thirty (30) days are then referred to' the Administrative Services Director for collection by transmitting the .billto'the CouritY-Ass~ssor ~nd Tax collector for inclusion on the tax rolls and the amount is collected at the same time and in the same manner as ordinary municipal taxes. FISCAL IMPACT The City has not incurred any direct cost to date (staff time is not considered "direct" costs). Because of the various code violations, more than one contractor will be required to bring the property into minimum code compliance (painting, landscaping, removal of debris, cars, etc.) As of this time, we do not have cost estimates to complete these tasks. . The City has $6,000 set aside in the Nuisance Abatement fund. Final costs for clean up will be submitted to the City Council for their review and approval. The total cost for abatement, including staffs time is assessed against the property and charged to the property owner for reimbursement to the City. If the property owner does not pay the invoice, the charges are then added to the property tax bill for reimbursement through the County Tax collector. Whitlatch, Property Maintenance May 6, 1997 Page 3 141.,,- --- ~ ~V1 141.~'l ~V1 ISUr-- ~'S ~~ ~VI '!l7.~~ _ _ ~~\tl ..~O .. 0 \:.~,..: i ... '2 ?lO a:! ~- J q1.. -- >:,- ~~ ~:::! R-l - "- ~~ "-,,, - - -~-= r_' - ~~ ;> ,::", < 2 ~o N ;:::t--: - "'... ~ ----- ~ ~.... 0 ~Ir} , - t;;. so >- ~ ~r--: ~ ~'" - ;c. ------ ~ ",... ~\J1 SHORT ST ~ 0 '"' 33.00 51.eo i 5'2 I 5'2 70.48 '''Z~ (I/!,w ("I2NV (/222/ ! (122-,. (//!.3Z./ I (/23.!.J I I I I I I ~I I I -1<1 I'"' I ::1 C' I I I I I I I I 1O~.78 I ~ ~7 lO.~ ,-,0. c., R-l -----~ ~. ..~ lOt'" 1 ~.. I": . ~I'-: . t\l": ~" "'1::1 ~~ ~ . ~ -----------~--------- ...~ ~\I\r- 17 :,,\Y"\ ...._ ~ . ~t-: . ~~ ~~ :~ ""IW"I ~.n .'-' , ---~-------r---------- ~Q; "'-'" :'\Ul ...... t'...lr- ~r- f'\Q . ~.o t\.o ~t.- W\1.J1 ~..n - '206.78 '1\1.'28 I ..I'" ",'" L_____ ----------1 ~ I'" .~ ~'" "'~ ~ '" '20e. 78 1....- --r -------,---1 '" I 138.18 I 10 I I I I I I r-'''' I i :::I~ I I I I (I/!IS) I (,'217) I ("Inl) : 70 I GO I ~5 ~ ~~ '" R-l " ....", R'" .., ~~ ~ ~ :l~ '\: U"IN'; "1'~' ~ n", .. '-;::: l/l - > .~ ~ L ~ :..J 'CI <( "'f oJ", :!\: U). ..~ =~ ~ ~'" ~'" '2\1.iS -~I-~.~- I I I "'I ~I I I I ^ 1106 Mavtlo\ver Avenue I :\ORTH :'I ~.. ~::: </ 71.28 '<, \~~lit.:: 1:1';(:1 = j!)rj ~'-:'':~ {llD7} 138;.8 <> -r "'~ ":::: ~ <>;:: <>;:: <l ~~ ~ ----.----3.cC,~'2--- ----, I ,I VICINITY MAP 5991