HomeMy WebLinkAbout6.4 Property Maintenance Abatement ZIL l v 50V
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: August 28, 1989
SUBJECT: PUBLIC HEARING: Report the Costs of Abatement Performed
Under the Property Maintenance Ordinance
at 7360 San Ramon Road
Report by: Victor Taugher
EXHIBITS ATTACHED: 1. Agenda Statement for City Manager
Hearing and Order January 18, 1989
2 . Letter dated March 22 , 1989
3 . Itemized Costs
4 . Invoice dated May 24, 1989
5. Notice of City Council Hearing
6. Draft Resolution Confirming Costs of
Abatement
RECOMMENDATION: 1) Open Public Hearing.
2) Receive Staff Presentation.
3) Receive Public Testimony.
4) Close Public Hearing.
5) Deliberate.
6) Adopt Draft Resolution.
FINANCIAL STATEMENT: Recommended action is to recover costs
of $2, 088:48 incurred by City to abate
the condition.
DESCRIPTION: On January 18, 1989 the City Manager
conducted a hearing to determine whether conditions on the
property constituted a public nuisance and should be abated.
An abatement order was issued. The owner partially complied, but
was unable to complete the work in the time specified. On March
28 , 1989 the MCE crews accomplished the abatement on behalf of
the City, pursuant to the Property Maintenance Ordinance.
On May 24, 1989 an invoice for the expenses incurred by the City
was sent to the property owner (Exhibit 3) . There has been no
response. It is now necessary, after the public hearing to
confirm the costs of the abatment and then to place a special
assessment on the property tax bill.
The abatement involved 3 separate parcels. It is proposed to
apportion the costs as follows:
Parcel # Owner Distribution Total
941-40-2-7 John & Leona Nichandros 20% administrative 42 . 00
941-40-2-3 John & Leona Nichandros 30% administrative
plus 20% clean up 439. 00
941-40-3-2 John, Leona, Alexis & 50% administrative
Fred Nichandros plus 80% clean up 1, 607.48
$2, 088. 48
This apportionment is based on the estimate of the time required
to remove the material plus an apportionment of the
administrative costs. As part of the hearing the owners of the
property should be specifically requested to comment on the
apportionment of the cost.
The Building Official recommends that the cost of $2, 088.48 be
confirmed and the apportionment of costs be confirmed based on
any testimony from the owners. If there is no testimony the
Building Official recommends the above apportionment.
Finally, it is recommended that the costs be made a special
assessment on the next regular tax bill by adopting the draft
resolution (Exhibit 5) .
-----------------------------------------------------------------
ITEM NO. !p. COPIES TO: John, Leona, Alexis
& Fred Nichandros
CITY OF DUBLIN
AGENDA STATEMENT
CI'PY MANAGER'S FEARING DATE: January 1%, 1989
SUBJECT Weeds, Refuse and Vehicles at 7360 San Ramon
. 1
Road
i
E)[HIBITS ATTACHED Exhibit 1: Copy of Letter to Owners with
Attachments
Exhibit 2: Copy of Notice to Abate
Exhibit 3: Copy of Notice of Administrative
Hearing on December 20, 1988
Exhibit 4: Copy of Notice of Administrative
Hearing on January 18, 1989
Exhibit $: Photographs of Property
Exhibit 6: Draft Finding of Fact and Order
=1
i
RECOMMENDATION 1. Conduct Hearing
2. Find that property is in violation of
Property Maintenance Ordinance (13-88).
3. Adopt findings of fact and order for
abatement by removal of all debris, wood,
paper, plastic, sign poles, vehicles and
parts of vehicles, metal air conditioning
equipment, plastic and cement pipe, cut down
and remove from property all dead trees and
weeds.
DESCRIPTION
1. May 24, 1988, received complaint about weeds.
'1 2. May 24, 1988, photographed property.
i
3. June 8, 1988, Ordinance 13-SS became effective.
4. June 15, 1988, received second complaint about weeds and abandoned cars.
S• June 27, 1988, contacted weed abatement. Property was on their list for
d weed abatement.
.:f
6. August 8, 1988, inspection made of property. Some change to weeds at
rear. Front of property along fence cleaned of weeds and debris.
.•ii
a 7. August 29, 31, 19SS, third and fourth complaints about weeds and
vehicles. One of complaints was from weed abatement.
S. September 2, 19SS, photographs taken of weeds, litter, debris, piles of
broken cement, paper, wood, street sign poles, cement pipe, sheet metal
air conditioning equipment., black plastic pipe, two partially dismantled
vehicles and parts, weeds in foiiiier nursery area, along cul-de-sac, along
wire fence to rear, weeds arowid clump of trees inhere abandoned vehicles
are located, and five dead trees to rear of building
s.
9. October 3, 198S, photogn%-'Plus taken of property; no change to property.
10. October 1.7, 1988, letter sent to comply with Property naintenance
: I Ordinance by November S, 19SS.
------------------------------------------------------------------------------
COl'TL'S 7U: ,
NQ OR
11. Nr,vranhrr 9, 1988, phot04—aphs taken of prop(;r•ty; no corttpl.iance.
12. Novr mhr:r• 1.4, .1988, 10,tr;r• sr;nt to comply by sr:vr;n days upon r•ccc.ipt of
Ir;ttr,r. D<;l..i.vr:r•y evi.dnncr; sign(;d Nov(;mbar• 15i 19N%;.
13. Novr;mbcr 28, .19k,S, photographs taken of property; no change.
14• Novr>•mber 29, 1988, Zrm.ing Investigator telephoned Mr. Nichandros. Mr.
Nichandros to call. Nk,nday, or Tuesday, November 28, or November 29 to set
up an appointment time to discuss matter. Mr. Nichandros did not call.
15. December 7, 1988, photographs taken of property; no change.
16. December 12, 1988, Notice of Hearing on Abatement of Nuisance to be held
at 9:00 a.m. December 20, 19x8, at 6500 Dublin Blvd. Suite 205, Dublin,
CA. sent to Mr. Nichandros.
17. December 19, 1988, Mr. Nichandros telephoned Zoning Investigator saying
that he could not make the meeting because it was his "busy" season and
that he could not make a meeting until after the first of the year.
Zoning Investigator left message with "Barbara" of Mr. Nichandros' office
that a letter requesting a continuance was needed. The City did not
receive a letter asking for continuance.
18. January 3, 1989, inspection made of property; no change.
19. January 4, 1989, Notice of Hearing on Abatement of Nuisance to be held at
9:00 a.m. January 18, 199, at 6500 Dublin Boulevard, Suite 205, Dublin,
Ca, sent to Mr. Nichandros both by regular mail and by certified mail as
well as hand delivered to business at 7360 San Ramon Road.
20. January 17, 1989; photographs taken of property; no change.
The conditions existing on the three lots which are in violation of the
Property- Maintenance Ordinance are as follows:
1) Piles of broken cement; see pictures dated 10-3-85 and 11-9-SS, page 3.
2) Cement pipe, two dismantled cars; streets sign poles: debris under trees
(possible sleeping area) see picture (5) 9-2-Se, and page 4, 10-3-88.
3) Air conditioning equipment; see picture (5) dated 9-2-SS.
4) Black plastic pipe and dead trees; see picture (4) dated 9-2-SS.
5) Deeds around trees where dismantled vehicles are located; see picture (5)
dated 9-2-88, and page 3. dated
6) Weeds at front along cul-de-sac. in former plant nursery area, along wire
fence to rear of buildings; see picture (2) 9-2-8S & page 1, 10-3-S8.
7) Paper and litter; see page 2. 11-9-SS. and page 1. 11-28-38.
Further, recently, two sofas and a table have been dumped on the rear
propert. .
CITY OF DUBLIN
'`r • ` *� P.O. BOX 2344 DUBLIN,CALIFORNIA 94568
8-2
(�lit,O4``�.
CITY OFFICES March 22, 1989
6500 DUBLIN BLVD.
ADMINISTRATION John, Leona, Alexis and Fred Nichandros
(415)829-4600 7360 San Ramon Road
Dublin, CA 94568
BUILDING INSPECTION
I (415) 829-0822 Attention: John Nichandros
CITY COUNCIL Dear Mr. Nichandros:
(415) 829-4600
At the Administrative Hearing held on January 18, 1989, you agreed to
comply with the "Findings of Fact and Order" by March 6, 1989.
i CODE ENFORCEMENT
(4t 5)829-0822 We know that the clean-up was started and that you may have been
delayed by rain; but if the work is not completed by 5:00 p.m.,
ENGINEERING Monday, March 27, 1989, we will have our contractor at the property
(415) 829-4927 on Tuesday morning, March 28, 1989
FINANCE Your cooperation is appreciated. If I can be of assistance or you
(415) 829-6226 have any questions, please call me at 829-0822.
Sincerely,
PLANNING
(415) 829-4916 r
POLICE uanita Stagner
(415) 829-0566 Zoning Investigator
JS/cf
PUBLIC WORKS
(415)829-4927 cc: Property Maintenance File
RECREATION
(415) 629-4932 - ------ -
EXm m1B10
CITY COSTS FOR NICHANDROS WEED ABATEMENT
Building Inspection Secretary - one hour $ 15.73
Zoning Enforcement Officer - one hour 40.50
Chief Building Inspector - one hour 76.50
Assistant City Clerk - one-half hour 9.21
City Manager - one-half hour 21. 08
Miscellaneous 47. 00
TOTAL $210. 02
EX H I I
;bliA2i4:�
'i
wcen.Pr►t
Ifl
'III
1 ................ ___..__... ._...__._......_... ................___. _._.............................__._-..._. _ _-_ ,.._..
i'
__!���t�o►2. .._....3._ .._-56.E.2� _._..._-------------__._ .------- ._. .___._---- --- - --- ___-------------
,
0
i�
_ ---u ---------.-_s.,_T�.�i�-►�._/_S"G x,.38----__.___----.-- ---- -------=----------------- ---._._..__.._ - - _____ .
a
-- -- - - __'! No.tf_ SEF,_A'rTb_-F�2--1ic. up-- ---------------
.........-------
_
!
_._._. IL
/8--_
it Z
i.
iltga Z�S .5R... -- --
---- — ;!5 u 19 ----------
U--�-UoA.pmcV—Va.,e!6 3��. 0
�I
"(DID
------------- --- ----
____ _._.__....._._._--------
i
Ij
II
I'
j�
Lf 6Y, 00
Ijl siAr t. VC1.17 .
II
i
............
CITY OF DUBLIN
P.O. BOX 2340
DUBLIN, CA. 94568
phone ( 445 ) -829-6226 n
INVOICE
INVOICE
BILL TO:
JOHN C. & LEONA K. NICHANDROS Invoice #
7360 SAN RAMON ROAD
DUBLIN, CA 94568 Finance # 1000-332-009
DATE: 5 / 24 / 89
TERMS ARE:payment due
within 15 days of
receipt.
DATE DESCRIPTION OF SERVICES RENDERED CHARGE CREDIT BALANCE
CLEANUP COSTS FOR PARCELS #941-40-27,
#941-40-23, AND #941-40-32(NICHANDROS PROP) .
3/89 CLEANUP SERVICES PERFORMED BY M.C.E. CORP. 1,878.46 1,878.46
CITY STAFF TIME PROVIDED TO INVESTIGATE,
REVIEW AND CONDUCT A HEARING ON THIS MATTER. 210.02 2,088.48
TOTAL AMOUNT DUE: $2,088.48
•SENDER. Complete Items 1 and 2 when additional services are desired, and complete Items 3
and 4.
' Put your address In the "RETURN TO" Space on the reverse side. Failure to do this will prevent this
card from being returned to you. �je return recelot fee will nrovlde y4u the name of the person ;
delivered to end the�ata of delivery.. For additional fees the following sery ices are available.Consult
postmaster for fees and check boxes)for additional services) requested.
❑ Show to whom delivered,date,and addressee's address. 2• Ot Extra chargeelivery
t(Extra charge)t
3. Article Addressed to: , f
!4. Article Number
.Toh n C' . t �e on A K N i c-ka4ras `-110 I I In 5 0 /
O Type of Service:
I' San�P amO r���• ❑ Registered ❑ Insured
u1 I I n, �1 /1 P 4540 G2
C3 certified ❑ COD
CA Ip r'I `7 U ❑ Express Mail
}.t Always obtain signature of addressee ,
'or agent and DATE DELIVERED.
46. ' et e—Addressee 8. Addressee's Address(ONLY if
requested and fee paid)
;
,
ature—Agent
' X
7. Date of Delivery
PS Form 3811, Afar.1987 * U.S.O.P.O.1987-178.268 DOMESTIC RETURN RECEIPT
ALL PAYMENT MUST BE ACCOMPANIED WITH A COPY OF TH: u ;a
A REFERENCE TO THIS INVOICE NUMBEI
NOTICE OF HEARING
The City Council of the City of Dublin will conduct a Public
Hearing to consider the report of the costs of the abatement of
the nuisance on the property located at 7360 San Ramon Road
designated by the County Assessor as:
Book 941, Block 40, Parcel 2-3
Book 941, Block 40, Parcel 2-7
Book 941, Block 40, Parcel 3-1
The Hearing will be held on August 28, 1989 at 7:30 p.m. at 7606
Amador Valley Boulevard, Dublin.
Attached is a copy of a detailed cost break down and the report to
be considered.
me
EX0 ,018ig
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
------------------------------------------------------------------
DIRECTING THAT A NOTICE OF LIEN BE RECORDED FOR
COSTS OF ABATEMENT PERFORMED UNDER THE PROPERTY MAINTENANCE
ORDINANCE AT 7360 SAN RAMON ROAD
WHEREAS, On August 28, 1989 the City Council of the City
of Dublin did conduct a public hearing in connection with the
assessment of costs incurred by the City for the abatement of a
nuisance at 7360 San Ramon Road, Dublin, designated by the County
Assessor Book 941, Block 40, Parcels 3-2, 2-3 and 2-7 -under the
provision of the City of Dublin Property Maintenance Ordinance
(Ordinance 13-88) .
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Dublin does hereby confirm the report of the costs of
abatement to be $2 , 088 . 48, to be apportioned as follows:
Parcel 941-40-3-2 $1,607.48
Parcel 941-40-2-3 439. 00
Parcel 941-40-2-7 42 .00
$2,088.48
BE IT FURTHER RESOLVED that the City Council of the City of
Dublin does hereby direct that a notice of lien be recorded with
the County Recorder and that a certified copy of this resolution
shall be filed with the Alameda County Auditor-Controller.
BE IT FURTHER RESOLVED that said Auditor-Controller shall
add a special assessment to the next regular tax bill as follows:
Parcel 941-40-3-2 $1, 607.48
Parcel 941-40-2-3 439. 00
Parcel 941-40-2-7 42. 00
$2,088.48
Said amount shall be collected at the same time and in the same
manner as ordinary municipal taxes are collected and shall be
subject to the same penalties and the same procedure and sale in
case of delinquency as provided for ordinary municipal taxes.
BE IT FURTHER RESOLVED that all laws applicable to the lien
collection and enforcement of municipal taxes shall be applicable
to such special assessment
PASSED, APPROVED AND ADOPTED this 28th day of August, 1989 .
AYES:
NOES:
ABSENT:
Mayor
ATTEST: -
City Clerk