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HomeMy WebLinkAboutItem 2a - Notice of Appeal 1105 RodeoAusue5.19Q: `�, ° STAFF REPORT �bl�nity of � ;� Development Services Department DATE: July 21, 2015 TO: Honorable Mayor and City Council FROM: Jason Kruckeberg, Assistant City Manager /Development Services Director By: Jim Kasama, Community Development Administrator SUBJECT: APPEAL OF THE REQUIREMENTS OF A NOTICE TO ABATE PROPERTY MAINTENANCE VIOLATIONS AT 1105 RODEO ROAD Recommendation: Adopt Resolution No. 7085 determining that the Building Official shall proceed in accordance with the Notice to Abate SUMMARY The City's Code Services enforces the City's Property Maintenance standards, which are set forth in Chapter 4, of Article IX, of the Arcadia Municipal Code. Among those standards are provisions that hold certain conditions as substandard /unlawful, and as a public nuisance. After repeated attempts to achieve compliance with various property maintenance violations at 1105 Rodeo Road, Code Services referred this case to the Building Official for the issuance of a Notice to Abate. The homeowner has appealed the requirements of the Notice to Abate. It is recommended that the City Council deny the appeal, and adopt Resolution No. 7085 determining that the Building Official shall proceed in accordance with the Notice to Abate. BACKGROUND The City's Property Maintenance standards are set forth in Chapter 4, of Article IX, of the Arcadia Municipal Code. Among those standards are the following conditions that are substandard /unlawful and deemed a public nuisance: 9405.8. Weeds or dead vegetation on premises or adjacent parkways. 9405.12. A lack of maintenance of buildings, structures and landscaping, including lawns, trees, and shrubbery, which results in conditions out of harmony or conformity with the maintenance standards of adjacent property. Appeal of Notice to Abate 1105 Rodeo Road July 21, 2015 Page 2 of 4 These conditions were reported to be present at 1105 Rodeo Road in early 2013. To pursue abatement of substandard /unlawful conditions, a Code Services Officer issues Notices of Violation (NOVs) requiring that the conditions be remedied. If compliance is not achieved, citations are issued. If citations do not achieve compliance, the Building Official may issue a Notice to Abate, which includes the specific actions and a time period within which the substandard /unlawful conditions are to be abated. If the prescribed abatement is not completed within the specified time period, the Building Official is authorized to have the abatement performed, and subsequently file with the City Clerk a statement of the expenses incurred. The City Clerk shall then cause a Notice of Special Assessment to be served upon the property owner, which, if not paid may, be referred to the Director of Finance for collection, inclusion with the property tax, or pursuit of a judgment through the courts. The requirements of a Notice to Abate may be appealed to the City Council, and the City Council shall determine by resolution whether the Building Official shall proceed in accordance with the Notice to Abate as given, or as modified by the City Council, or not at all, and the decision shall be final and conclusive. DISCUSSION Code Services verified the substandard /unlawful conditions at 1105 Rodeo Road, and issued a Notice of Violation on March 5, 2013 — see Exhibit `A' for photos from early 2013. Following this first NOV, an additional eight NOVs and three citations have been issued. Between the issuances of the NOVs and citations, there was sporadic work done to address the violations, but at no time was the property brought fully into compliance. In May of this year, following consultation with the City Attorney, it was decided to have the Building Official issue the attached Notice to Abate — see Exhibit `B' for photos taken on the day the Notice to Abate was issued, May 28, 2015. The Notice to Abate sets forth the actions and time period for compliance. The prescribed actions are the minimum necessary for compliance, and include: 1. Remove all weeds and dead vegetation on the premises and adjacent parkway. 2. Replace dead vegetation on the adjacent parkways with mulch, including edging to hold the mulch back from the sidewalk. 3. Maintain the property and landscaping on a regular basis so that it conforms to the maintenance standards of the adjacent property. Appeal of Notice to Abate 1105 Rodeo Road July 21, 2015 Page 3 of 4 The homeowner, Mr. Benjamin Tan, appealed the requirements of the Notice to Abate. In the attached appeal letter, Mr. Tan specifically refers to requirement No. 2 and gives three reasons for appealing this requirement: 1) It is unreasonable & unjust to require one individual to maintain property that belongs to the City and whose benefit is for the general public. 2) 1 had previously agreed to trim the weeds and vegetation to enable two individuals to walk abreast down the sidewalk but this additional demand is unacceptable. 3) Most importantly, no other property (including City of Arcadia) except for one has the edging to mulch. As stated in the Notice to Abate, weeds or dead vegetation on the premises or adjacent parkways is a violation of the Arcadia Municipal Code. It is not unreasonable or unjust for Mr. Tan to maintain the parkways along his property. All property owners in the City of Arcadia maintain the parkways adjacent to their property, including the owners of corner lots that have to maintain the parkways along two street sides. This is a common requirement in most other cities in the region as well. Mr. Tan had agreed, at various times after the issuance of the NOVs and citations, to trim the weeds and vegetation to keep the sidewalk clear; however, this was not achieved on a regular basis. The parkway along Foothill Boulevard is not irrigated and, due to the drought, it was determined that replacement of the weeded areas with mulch would be a better than asking Mr. Tan to replant the parkway. The Notice to Abate requires edging, but the method for providing that edging is not specified. In most cases where landscaping is replaced with mulch, the depth of the removal is such that an adjacent planter area, sidewalk, or curb acts as the edging. Alternatively, a wood, plastic, or masonry material can be used as edging. These alternatives are widely available at local hardware stores and landscaping centers and are inexpensive materials. The requirements of the Notice to Abate are not unreasonable or unjust, and are consistent with the levels of maintenance provided by the other homeowners in Mr. Tan's neighborhood, and throughout the City of Arcadia. FISCAL IMPACT There should not be a fiscal impact as a result of proceeding on the Notice to Abate. The costs associated with abating the substandard /unlawful conditions are to be assessed to the property owner. If the costs are not paid, the assessment may be referred for collection or placed as a lien against the property. Appeal of Notice to Abate 1105 Rodeo Road July 21, 2015 Page 4 of 4 RECOMMENDATION It is recommended that the City Council deny the appeal, and adopt Resolution No. 7085, determining that the Building Official shall proceed in accordance with the Notice to Abate. Approved. Dominic Lazzar t City Manager Attachments: Resolution No. 7085 Notice to Abate Appeal Letter Exhibit 'A'— Photos from early 2013 Exhibit `B' — Photos taken on May 28, 2015 RESOLUTION NO. 7085 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DETERMINING THAT THE BUILDING OFFICIAL SHALL PROCEED IN ACCORDANCE WITH THE NOTICE TO ABATE PROPERTY MAINTENANCE VIOLATIONS AT 1105 RODEO ROAD WHEREAS, the City Council of the City of Arcadia ( "City Council ") has determined that the City of Arcadia ( "City ") has an extensive and widely - recognized history and reputation for well -kept properties and that the general welfare of the City is founded, in part, upon the appearance and maintenance of properties; and WHEREAS, the City Council has determined that the keeping or maintaining of properties at variance with the level of maintenance of surrounding properties will result in substantial diminution in the enjoyment, use, aesthetic and property values of such surrounding properties, and WHEREAS, the City Council has determined that it is desirous to enhance and promote the maintenance of property and the enhancement of the livability, community appearance, and the social economic conditions of the community; and WHEREAS, the City Council has further determined that the uses and abuses of property as described in Chapter 4 of Article IX of the Arcadia Municipal Code reasonably relate to the proper exercise of the police power to protect the health, safety and general welfare of the public; and WHEREAS, the City Council has determined that the provisions prescribed in Chapter 4 of Article IX of the Arcadia Municipal Code will enhance the appearance and value of such properties rather than be a burden on the owners thereof; and 1 WHEREAS, the strong role of aesthetic concerns as justification for the exercise of the police power has been reemphasized by the United States Supreme Court in the case of Members of City Council v. Taxpayers for Vincent, 104 S. Ct. 2118 (1984); and WHEREAS, that unless corrective measures of the type set forth in Chapter 4 of Article IX of the Arcadia Municipal Code are undertaken to alleviate such existing conditions, the public health, safety and general welfare, and the property values and social and economic standards of this community, will be substantially depreciated, and the abatement of the conditions will enhance the environment of the residents of the City; and WHEREAS, the abatement procedures set forth in Chapter 4 of Article IX of the Arcadia Municipal Code are reasonable and afford a maximum of due process and procedural guarantees as to the affected property owners; and WHEREAS, a Notice to Abate, in accordance with the procedures in Chapter 4 of Article IX of the Arcadia Municipal Code, was issued to the owner and occupant of the property situated in the City of Arcadia at 1105 Rodeo Road for the abatement of the following property maintenance violations concerning substandard /unlawful conditions which are deemed to be a public nuisance: • Weeds or dead vegetation on premises or adjacent parkways; and A lack of maintenance of buildings, structures and landscaping, including lawns, trees, and shrubbery, which results in conditions out of harmony or conformity with the maintenance standards of adjacent property; and I! WHEREAS, the owner and occupant filed an appeal to the City Council concerning the Notice to Abate in accordance with the provisions in Chapter 4 of Article IX of the Arcadia Municipal Code; and WHEREAS, at the regular meeting of the City Council on July 21, 2015, a hearing was held by the City Council on the appeal of the requirements set forth in the Notice to Abate; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. That the factual data submitted by the Development Services Department in the associated staff report are true and correct. SECTION 2. That the requirements set forth in the Notice to Abate are reasonable and necessary to preserve the enjoyment, use, aesthetic and property values of the surrounding properties, and the public health, safety, general welfare, and the social and economic standards of this community. SECTION 3. That if the owner and occupant of the subject property, 1105 Rodeo Road, in the City of Arcadia, does not comply with the requirements of the Notice to Abate within ten (10) days of the adoption of this resolution, the Building Official shall proceed in accordance with the Notice to Abate as issued. SECTION 4. The City Clerk shall certify to the adoption of this Resolution. 9 Passed, approved and adopted this day of , 2015. ATTEST: City Clerk APPROVED AS TO FORM: Stephen P. Deitsch City Attorney 4 Mayor of City of Arcadia G y1— _�9 Incoryon[cd Augur[ i� 1403 �S "tinit of City of Arcadia Development Services Department Jason Kruckeberg Assistant City Manager/ Development Services Director 240 West Huntington Drive Post Office Box 60021 Arcadia, CA 91066 -6021 (626) 574 -5415 (626) 447 -3309 Fax w«�vArcadiaCA.gov May 28, 2015 Benjamin Tan Oi Yan Chung 1105 Rodeo Road Arcadia, CA 91006 SUBJECT: Property Maintenance at 1105 Rodeo Road, Arcadia, CA 91006 NOTICE TO ABATE TO THE OWNER, AGENT OF THE OWNER, LESSEE, OCCUPANT, OR PERSON IN POSSESSION OF THE PROPERTY HEREINAFTER DESCRIBED: Said Property is situated in the City of Arcadia, Los Angeles County, California, at 1105 Rodeo Road Lot 67 of Tract 10955 APN 5770 - 010 -013 YOUR ATTENTION IS HEREBY CALLED to the provisions of Sections 9405.8 and 9405.12 of the Municipal Code of the City of Arcadia, California, on file in the office of the City Attorney in the City Hall. Pursuant to the provisions of said Sections you are hereby notified that the following conditions of your property are in violation of the Arcadia Municipal Code: 9405.8 Weeds or dead vegetation on premises or adjacent parkways 9405.12 Lack of maintenance of buildings, structures, and landscaping, including lawns, trees, and shrubbery, which results in conditions out of harmony or conformity with the maintenance standards of adjacent property. You are therefore notified at once and in any event within ten (10) days from the date of this notice, to abate the above specified conditions by taking the following actions: 1. Remove all weeds and dead vegetation on the premises and adjacent parkways; Notice to Abate — 1105 Rodeo Road, Arcadia, CA 91006 May 28, 2015 — Page 2 2. Replace dead vegetation on the adjacent parkways with mulch, including edging to hold the mulch back from the sidewalk; and 3. Maintain the property and landscaping on a regular basis so that it conforms to the maintenance standards of the adjacent property. Such action(s) must be completed within the time set forth in this notice and thereafter you must maintain the said premises free of any of the unlawful conditions described above. In the event you shall fail to either commence or complete such work within the time hereinabove mentioned, the undersigned shall cause the appropriate action to be taken and completed, and the charges, including administrative costs, therefore will be a lien upon said premises and/or upon the lot or parcel of land adjoining and abutting the sidewalk in the event that the sidewalk is to be cleaned. Appeal — Within ten (10) days after the date of posting of this Notice, the owner, agent of the owner, lessee, occupant, or person in possession of the premises may appeal to the Arcadia City Council on the requirements of this Notice, pursuant to Arcadia Municipal Code Section 9406.2. Such appeal shall be in writing, shall state the objections of the person filing the same, shall be filed with the City Clerk, and shall be presented to the City Council by the City Clerk at its next available regular meeting. The City Council shall thereupon proceed to hear and pass upon the appeal, and its decision thereon shall be final and conclusive. The City Council shall thereupon, determine by resolution whether the Building Official shall proceed in accordance with the Notice as given or as modified by the City Council, or not at all, and its decision thereon shall be final and conclusive. If an appeal is filed, the time to complete the work as set forth in the Notice to Abate shall be tolled the number of days that elapse from the filing of the appeal to the hearing date. It is imperative that you contact Code Services Officer, Robert Swanson, at (626) 574- 5421, immediately to advise the City of your intentions to correct the violations indicated in this Notice. You may also contact Robert Swanson with any questions about this Notice. Dated and signed at Arcadia, California this 28th day of May, 2015. DEVELOPMENTS RVI S DEPARTMENT r Don Stockham, Building Official c: Stephen P. 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