HomeMy WebLinkAbout5561RESOLUTION NO 5561
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS FINDING
THAT THE CONDITIONS ON THE PROPERTY KNOWN AS 707 E. COLTON AVENUE
CONSTITUTE A PUBLIC NUISANCE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF REDLANDS AS
FOLLOWS:
Section 1. On October 6, 1998, a hearing was held before the City Council of the City
of Redlands concerning the recommendation of the City's Community Development Department
that existing conditions on the property known as 707 E. Colton Avenue constitute a public nuisance
under Chapter 8.04 of the Redlands Municipal Code. This City Council directs the property owner
to abate all nuisance conditions no later than December 5, 1998, and that in the event the property
owner does not abate all nuisance conditions by December 5, 1998, the City staff is directed to abate
all nuisances by means of contract forces. The hearing was held on October 6, 1998, and after
considering the documentary evidence and oral testimony presented by staff of the City's
Community Development Department and that presented by the property owner, the Redlands City
Council adopted the recommendation of the Community Development Department that the
conditions on the property known as 707 E. Colton Avenue constitute a public nuisance. The City
Council further declared its intention to order the property owner to abate all nuisance conditions
no later than sixty (60) days from October 6, 1998. Abatement of the nuisance conditions would
involve the following: 1 Cut down and remove all weeds and tall grass (RMC 8.04.030); 2. Remove
all trash, debris, junk, construction material, and old furniture (RMC 8.04.040); and 3 Secure all
doors, windows, and gates to prevent unauthorized entry (RMC 8.04 160). Based on the foregoing,
Jlspn7o7ca
1
and on the findings contained herein below the City Council hereby orders that, in the event the
property owner does not abate all nuisance conditions, as described immediately above, on or before
December 5, 1998 the City's staff is directed to abate all nuisances immediately above, on or before
January 19 1998. The findings of the City Council concerning the conditions on the property of 707
E. Colton Avenue are as follows:
1 The property located at 707 E. Colton Avenue is subject to the zoning authority of the
City of Redlands.
2. The property located at 707 E. Colton Avenue has been the subject of numerous
complaints and enforcement actions that date back to at least August 9 1995 The City has
attempted to obtain compliance by the owner of the property by contacting the property owner by
certified letter. Certified letters were mailed to the property owner in 1995 and 1997 and the letters
have been returned as `unclaimed.
3 In April 1998 the Redlands Fire Department cut down and removed all tall weeds and
grass to abate a potential fire hazard.
4 On June 3 1998 and July 27 1998 Code Enforcement completed site inspections of
the property and found the following conditions to exist:
(a) Unlocked and open gates that allow access to the front and rear areas of the
property
(b)
(e)
pipes, metal drums,
Overgrown dead and dying trees and bushes.
Trash and debris in the backyard of the property to include: old tires, PVC
cinder blocks, broken furniture, wash basins, an ice chest, a bedframe,
numerouse old newspapers, and many palm fronds. Backyard is viewable from neighborhood and
JIspn707ca
2
public areas.
4 On June 17 1998 a certified letter was mailed to the last known registered address
of the owner describing the conditions of the property outlined above and requesting that the items
be corrected. On July 29 1998 the letter was returned as `unclaimed.
5 On August 19 1998 photographs were taken of the property and structures on the
property
6. On September 11, 1998 a Report of Findings was prepared from a site inspection on
June 3, 1998.
7 On September 22, 1998 a Notice of hearing to Abate Nuisance was posted on the
front of the property
8. On September 24, 1998 two copies of the Notice of Hearing to Abate Nuisance were
mailed to the last known address of the registered owner of the property One copy of the letter was
mailed Certified Mail -Return Receipt Requested and the other copy was mailed via regular first class
mail
9 On September 25, 1998 a Notice of Hearing to Abate Nuisance was published in the
Redlands Daily Facts.
10 On October 5, 1998 Code Enforcement Officer Grant reinspected the property
verifying that the conditions as outlined in the staff report and recommendations as presented to the
City Council are still accurate.
11 On October 6, 1998, a hearing was conducted before the Redlands City Council
concerning whether the conditions on the property known as 707 E. Colton Avenue constitute a
public nuisance.
Jlspn707ca 3
12. At the hearing, the Redlands City Council received evidence which included a staff
report and photographs from Redlands Code Enforcement Officer Grant as well as his testimony
concerning his numerous inspections of the property According to Officer Grant, the Property
Owner could not be reached for resolution of these issues.
Section 2. Based on the foregoing, the Redlands City Council voted to declare its intention
to adopt the recommendation of the Community Development Department that the conditions on the
property located at 707 E. Colton Avenue, constitute a public nuisance. The Redlands City Council
hereby finds that the property owner has continued to maintain a property which is unsafe,
dangerous, ha7•ardous and has obnoxious conditions existing on said property so as to create a public
nuisance. Further, the Redlands City Council finds that the property owner has maintained property
in such a manner that is detrimental and injurious to the health, safety and general welfare of the City
as a whole.
Section 3. By service of a copy of this Resolution upon the property owner or his attorney
of record, the property owner is hereby ordered to abate the nuisance conditions on the property at
707 E. Colton Avenue, in the City of Redlands. Such abatement shall consist of the following: 1
Cut down and remove all weeds and tall grass (RMC 8.04.030); 2. Remove all trash, debris, junk,
construction material, and old furniture (RMC 8.04 040); and 3. Secure all doors, windows, and
gates to prevent unauthorized entry (RMC 8.04 160). That abatement will be completed on or
before December 5, 1998. If said nuisance conditions have not been abated on or before the
aforementioned date, such nuisances may be abated by City authorities and rehabilitation, repair,
demolition or other abatement action will be assessed upon the subject premises and said cost will
constitute a lien upon said land until paid.
J1spn707ca 4
ADOPTED SIGNED AND APPROVED this 6th day of October, 1998.
'
)
Mayor the City of ds
Attest:
I, Lorrie Poyzer, City Clerk of the City of Redlands, hereby certify that the foregoing resolution was
adopted by the City Council, at a regular meeting thereof, held on the 6th day of October, 1998 by
the following vote:
AYES: Councilmembers Banda Gilbreath George Freedman Mayor Cunningham
NOES: None
ABSTAIN None
ABSENT None
]Ispn707ca 5
BACKYARD
Tall weeds, old tire,
old chair, plastic
pails, metal barrels,
trash and debris
BACKYARD
Open gate, office
desk, PVC pipes,
ice chest, wash basin,
trash and debris
BACKYARD
Tall weeds, old tire,
cinder blocks,
kitchen chair, plastic
pail, metal barrels,
and debris
PARKWAY
Brown grass littered
with trash
BACKYARD
Palm fronds, a sink, a desk,
and an open garage
BACKYARD
A sink a desk an ice chest
doors, and debris
FRONTYARD
Overgrown trees and
bushes, peeling paint,
and roof shingles are
falling off
FRONTYARD
Dead bush and trash
In the yard
FRONTYARD
Trash on the porch and
in the yard, ivy over-
grown onto sidewalk
and porch, and side
yard gate is open