HomeMy WebLinkAbout5560_CCv0001.pdf RESOLUTION NO. 556
A RE OJ,UTIC N OF THE CITY COUNCIL OF THE CITE' OF REDLANDS FINDING
THAT THE CONDITIONS ON THE PROPERTYKNOWN:l` OWN A 1017 E AN.BERNARDINC
AVENUE C ON TITuTE A P JI LIC NUISANCE
E
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF REDLANDS AS
FOLLOWS:
Section I. On October Ci 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 107 E. San Bernardino 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 Haat in the
event the property ovaler does not abate all nuisance conditions by December 5, 1998, the City staff'
is directed to abate all nuisances by means of contract fevrces. The hearing was held on October h;
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 R.edlaiads
City Council adopted the recommendation of the Community Development Department that tile
conditionson the property known as 107 E. San Bernardino Avenue constitute a public nuisance,
The City Council further declared its intention to order the property order to abate all nuisance
conditions no later than sixty( 0)days Rona October 6, 1998. Abatement of tile nuisance conditions
would involve the fol lowing- 1: Cut down and remove all Nveeds and tall grass (RMC 8.04.0 30 , 2
Remove all trash, debris,junk construction material, and old furniture(RMC .04.040); 3. Clean
out and pump out standing water in the swimming pool (RMC .t .0 50); 4. secure all doors,
windows, and gates (RMC 8.04.160); and 5. Remove all graffiti (R-MC &04.220'
.). Based on the
foregoing, 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 described
immediately above,on or before January 19, 1998, The findings of the City Council concerning the
conditions on the property of 107 E. San Bernardino Avenue are as follows:
I, The property located at 1,07 E. San Bernardino Avenue is subject to the zoning
authority of the City of Redlands.
2. The property located at 107 E. San Bernardino Avenue was identified by the
Redlands Police Department Neighborhood Improvement Team as being out of conformance with
the neighborhood and constituted a nuisance to the community because of the following factors:
(a) Fires have occurred in the house;
(b) Graffiti had been sprayed on the structure's walls-, said
(c) A swimming pool in the bacyardis open to the public in violation of City
codes and represents a hazard to the public health and safety.
1 On.June 2. 1998 Code Enforcement,Redlands Police Department and Redlands Fire
Department personnel inspected the property and found the following problems to exist on the
property
(a The alleyway fence gate is broken and openallowing access to all areas of the
property, including the poo I
(b) The house has been broken into and has been used by suspected gang
members and transients;
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(c) At least two fires have occurred inside the house during the past three years
and there are indications that fires are still being set inside the house;
(d) There are numerous piles of trash,broken furniture, debris, and construction
material throughout the entire back yard,
(e) The sNvinirning pool, which is unfenced and unsecured, has trash and debris
in it and has been partially filled with rainwater.
4. On June 10, 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 June 26, 1998 the letter was returned as "unclaimed."
5On August 10, 1998 photographs were taken of the property and structures on the
property.
6: On September I 1, 1998 a Report of Findings was prepared from a site inspection on
June 2, 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, anewspaper of general circulation published in the City.
M On October 5. 1998 Code Entbreement Officer Grant reinspected the pro,perty
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verifying that the conditions outlined in the staff report and recommendations presented to the City
Council are still accurate.
1 I, On October 6, 1998, a hearing was conducted before the Redlands City Council
concerning whether the conditions on the property known as 107 E, San Bernardino Avenue;
constitute a public nuisance.
121: At the hearing, the Redlands City Council received verbal and"vritten testimony which
included staff reports and photographs from Redlands Crede 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 I ep ent that the conditions on the
property located at 107 E. San Bernardino.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,hazardous 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 the
property in such a manner that is detrimental and injurious to the health, safety and general welfare
of the Citi as a whole.
Section 3. By service of copy of this Resolution upon the property owner or his attorney
of record,the property owner is hereby order°ed to abate the nuisance conditions on the propertf, at
107 E. San Bernardino Avenue, in the City- of Redlands, Such abatement shall consist of the
following: I. Cut down and remove all greeds and tall grass(RMC :04,03 . Remove ali trash,
debris,junk, construction material, and old furniture (RMC &04.040); ,. Clean out.Gond pump out
standing water in the swimming pool (RMC 8.04.050); 4. Secure all doors, windows, and gates
(RMC 8.04.160); and 5. Remove all graffiti tRMC 8.04.220). That abatement shall be co feted
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 the property until paid.
ADOPTED, SIGNED AND APPROVED this 6th day of October, 1998.
�A
Mayor J the City of lied ands
Attest:
city let,-.
1,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 City day of October, 1998 by
the following vote:
AYES: Councilmembers Banda, Gilbreath, George, Freedman; Mayor Cunningham
NOES: None
ABSTAIN. None
A B S I,NNT: None
Cit 'Ierk
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Boarded yap window;
gang graffiti on the
walls, exposed wiring, '
and partially burned
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Bearded up front clear
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construction material, N
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^igarettes, snatches and
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Trash, debris, and
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swimming peel.
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Graffiti on side walls.
of pool, trash and
debris in pool bottom
with dark water in
deep end of the pool. NG
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the lawn is brawn; I'txx JJ
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The gate is unlocked
and open, the bushes
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NEXT DOOR
This is the house
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the subject property,
and the front of the
subject property: . .
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NEIGHBOR
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This is the front yard
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RESOLUTION NO. 5561
A I ESOLuTiON OF THE CITY COUNCIL OF THE Cify OF RE Lr Ni S FINDING
THAT THE CONDITIONS ON THE PROPERTY TY i NO N AS 707 E. C:.OLTON AVENUE
CONSTITUTE E A PUBLIC NtJISANCI
BE IT F ESOWLFA BY THE CITY COUNCIL OF THE CITY OF i EDLANDS 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 latter than December 5. 1998; and that in the event the. property
o,mier dues not abate A nuisance conditions by December 5, 1998, the City staff is directed to abate
all nuisances by means of contract farces, 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 kate all nuisance conditions
no latter than sixty (60) days frokn October 6, 1998. Abatement of the nuisance conditions would
involve the following: I Cut down and remove all %veeds and tall grass(1 C> 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 entre RMC 8.04.160 . Fused on the foregoing:
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 describedd immediately above, on or before
December 5, 1998 the City's staff is directed to abate all nuisances irnmediately above, on or before
January 19, 1998. The lindings of the City Council concerning the conditions on the property of 707
E. Colton Avenue are as follows:
I. 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) Overgrown dead and dying trees and bushes.
(c) Trash and debris in the back-yard of the property to include: old tires, PVC
pipes. metal drums, cinder blocks, broken ffirniture. wash basins, an ice chest, a bedfraine,
numerouse old ncvvspapers,and many palin fronds. Backyard is viewable from neighborhood and
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public areas.
4On June 17, 1998 a certified letter was mailed to the last kno-wri 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 Il, 1998 a Report of Findings was prepared from a site inspection on
June 3, 1998.
T On September 22, 1998 a Notice of hearing to Abate Nuisance was posted on the
frorit 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.
M 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.
It. On October Cr, 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.
flsp,007ca -1
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 propetty. 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 Cit�y Council
hereby finds that the property owner has continued to maintain a property which is unsafe,
dangerous,hazardous 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
insuch a manner that is detrimental and injurious to the health, safety and general welfiare 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 (RX4C 8.04.1600. 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 xvill he assessed upon the subject premises and said cost will
constitute a lien upon said land until paid.
Aspn707ca 4
ADOPTED, SIGNED AND APPROVED this 6th day of October, 1998,
Mayor the City of zeds
Attest:
L
Cily�,(Jerk Z
1, Lorrie Poyzer, City Clerk of the City of Redlands,hereby certify that the foregoing resolution eras
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
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PARKWAY BACKYARD BACKYARD
Brown grass littered Palm fronds, a sink, a desk
with trash; A sink, a desk, ars ice chest,
and an open garage, doors, and debris,
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Overgrown trees and
bushes, peeling paint, �� � F
and roof shingles are
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Dead bush and trashes f
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`rash on the porch and
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in the yard, ivy over-
grown
ver grown onto sidewalk
and porch, and side
yard gate is open,
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