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HomeMy WebLinkAboutD-1 Staff Report - 300 W. Bancroft - Continued HearingSCHEDULED ITEM D-1 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SERGIO GONZALEZ, CITY MANAGER FROM: JOSE D. JIMENEZ, DIRECTOR OF ECONOMIC & COMMUNITY DEVELOPMENT DEPARTMENT (“ECD”) DATE: MARCH 20, 2023 SUBJECT: FOLLOW UP DISCUSSION AND REQUEST FOR DIRECTION REGARDING PUBLIC NUISANCE AND COST APPEAL REQUEST OF COMMUNITY IMPROVEMENT CASE NUMBER 23-H-001-BH FOR THE PROPERTY LOCATED AT 300 WEST BANCROFT STREET, AZUSA CALIFORNIA BACKGROUND: During the February 6, 2023 City Council Meeting, Community Improvement Staff presented a resolution request to uphold the Hearing Officer’s decision regarding a Nuisance and Cost Appeal request associated with Community Improvement Case Number 23-H-001-BH for the property at 300 West Bancroft Street. Since December 2021, Community Improvement Staff has been working to address a variety of Code matters at the subject site. A list of these issues, along with a timeline was provided during the evening of February 6, 2023. The appellant, whom was at that meeting informed the Council that considerable efforts have been made to address the necessary work to rectify the outstanding code matters. As a result, the Council was willing to defer the matter in order to allow the appellant an opportunity to come into compliance with all code matters as outlined in Community Improvement Case Number 23-H-001-BH. To grant the request, staff was to review the work that was undertaken in order to determine an appropriate time extension to allow for all remaining work to be done and completed. This evening staff will provide an update. RECOMMENDATION: Staff recommends that the City Council take the following actions: Approved City Council March 20, 2023 Public Nuisance and Cost Appeal Hearing – 300 West Bancroft Street March 20, 2023 Page 2 of 5 1) Following an update by staff and supported by any additional information by the appellant, grant an extension of no later than May 6,2023, or to a date that is suitable to revisit this appeal: or 2) Adopt a Resolution No. 2023-C14 (Attachment A) in conformance with Article XIV and more specifically Section(s) 14-417, 14-422 (Attachment B) of the Azusa Municipal Code, and uphold the Community Improvement Division Hearing Officer’s decision regarding the Notice of Confirmed Cost, and Intent to Record Tax Lien against property at 300 West Bancroft Street, Azusa, California 91702. ANALYSIS/FACTUAL BACKGROUND: This case originated on December 23, 2021, when Community Improvement Division staff observed an individual of interest in the area of Sierra Madre Avenue and San Gabriel Avenue smoking what appeared to be a Schedule One controlled substance (illegal drugs.) The subject was observed heading to the property located at 300 W. Bancroft Street. In its investigation, staff discovered previous citations issued in 2016 for numerous violations that were not resolved (Attachment D.) As part of its research, staff determined that the Police Department had also received numerous calls for service regarding this property. Shortly after the December 2021 observation, Community Improvement Staff attempted to contact the property owner(s) of the subject site. Following a discussion with the daughter of the owner’s, staff was informed that the registered owners of said property were deceased and that another member of the family (son of the deceased) resided at the property. During the first quarter of 2022, Community Improvement Staff on several occasions attempted to communicate with the son in order to conduct a follow-up inspection at the subject site for the outstanding citations. Unfortunately, staff was unsuccessful in obtaining the necessary consent to inspect the property. As a result, additional citations (Attachment E) were issued for the outstanding violations on April 14, 2022. Additionally, staff started to work with the City Attorney’s office to obtain an inspection warrant for the property. On November 16, 2022, Code Enforcement, along with the Azusa Police Department and Los Angeles County Fire Department served an inspection warrant at the property. During the inspection, numerous violations of the Azusa Municipal Code, California Building Code, Health and Safety Code, and Los Angeles County Fire Code were observed at the property (Attachment F) and a complete list of the violations were provided. Due to the number and severity of the violations along with the failure to correct the previous violations, a public nuisance hearing was conducted (Attachment F.) During this investigation, the City also accrued substantial legal fees and the hearing also considered a cost recovery to recover these costs. Proper notification (Attachment G) of the hearing was provided informing the property tenant that a hearing was to be held on January 11, 2023. No one representing the subject property attended the hearings. Following a Staff Report and Presentation (Attachment H) the Hearing Officer declared the property a public nuisance and confirmed the costs associated with the investigation. In his findings (Attachment I,) the Hearing Officer determined that the administrative record present by City staff provided the necessary facts of record to declare the Public Nuisance and Cost Appeal Hearing – 300 West Bancroft Street March 20, 2023 Page 3 of 5 property a Public Nuisance as defined by Section(s) 14-415 and 14-416 of the Azusa Municipal Code, and ordered a series of repairs to be undertaken and completed by February 13, 2023. Following the decision by Hearing Officer and on January 24, 2023, the City Clerks Office received a Public Nuisance Appeal Request (Attachment J) and set the matter for consideration by the City Council during its scheduled February 21, 2023 meeting. Hearing Officer Appeal The Hearing Officer’s decisions should be upheld because the appeal is untimely. According to Section 14-418(b), the appeal shall be filed with the City Clerk within five working days following the decision of the hearing officer. The decision is dated January 11, 2023. Five working days thereafter is Wednesday, January 18, 2023. The appeal was filed outside the five-day window on January 24, 2023, so the appeal should be denied and the decision should be upheld. Furthermore, the Hearing Officer’s decision should be upheld because the appeal lacks the necessary reason for the appeal, and is not supported by any evidence or material. According to Section 14-418(b), the appeal shall be in writing and shall state the grounds for the appeal. The written appeal is one sentence and fails to state the grounds for the appeal. The purpose of this requirement is to in fairness allow the City to understand the reason for the appeal and competently prepare a response. The appeal should be denied and the decision should be upheld for failure to comply with the appeal requirements of Section 14-418(b). Finally, the Hearing Officer’s decisions should be upheld because the it is indisputable that numerous violations of the AMC exist on the subject site, and the City’s costs were reasonably incurred and in fact directly caused by the owner’s failure to timely correct the substandard conditions on his property. Update Following City Council Hearing of February 6, 2023 During the evening of the February 6, 2023 City Council Meeting, Community Improvement Staff presented a request for appeal of fees associated with a public nuisance matter. In its presentation, staff shared with the Council the challenges that have resulted in working towards obtaining compliance at the subject site. Among those challenges, is the inability to establish a proper line of communication with the appellant in order to determine if appropriate corrective measures that are included in Attachment C of this report have been undertaken. In his rebuttal, the appellant informed the Council that substantial efforts to address a considerable amount of the violations were already made. As a result, direction was received to work closely with the appellant to determine the extent of work that was undertaken to address all violations. Based off this assessment, staff was to return with an update on how much additional time may be granted to address all matters associated with Community Improvement Case Number 23-H-001-BH. Since the Council meeting, Community Improvement staff has attempted on various occasions to communicate with the appellant in order to conduct the necessary inspection and provide better direction on this matter. On Wednesday, March 8, 2023, a site visit was conducted along with LA County Fire, Azusa PD, and the Director of Economic and Community Development. Those present were greeted by a different tenant of the subject site, and whom informed the group that Public Nuisance and Cost Appeal Hearing – 300 West Bancroft Street March 20, 2023 Page 4 of 5 the appellant was unavailable, but was to return later in the day. Staff was unable to connect that day. That was followed up with a second site visit the following day that yielded the same result. On Wednesday, March 15, 2023, Community Improvement Staff along with LA County Fire, and with assistance from the Azusa Police Department successfully completed a follow up inspection with the presence of the appellant. From the original list of 24 violations (refer to Attachment C,) staff was able to sign off eight items (violation numbers 2, 7, 8, 15, 20, 21, 23 and 24.) Although eight violations were corrected, the vast majority, and most important health and safety related violations still exist. These consist of an illegal converted space, and a large accumulation of trash and debris within the residence, which prevented staff from being able to access a portion of the residence. Added to this, a separate room requiring inspection was locked and not made available for inspection. In its researched, staff checked the building permitting system which showed that the appellant has yet to obtain any of the required permits outlined in the public nuisance declaration. Based on observations, and supported by the Director of Economic and Community Development, it is Community Improvement Staff’s interpretation that the applicant still has not met the more critical milestones necessary to affirm the appellant’s statement that most of corrective measures have been undertaken and completed. As such, the Council may consider the granting of one additional review period in order for staff to provide a more detailed directive. Alternatively, the Council may also consider adopting the previously presented resolution which upholds the Hearing Officer’s decision. THE CITY COUNCIL’S ROLE: Section 14-419 of the Azusa Municipal Code describes the City Council’s role in public nuisance appeals. It provides, in part, that: (c) If the city council finds from the relevant evidence presented at the hearing that the action taken was in conformity with the provisions of this article, it shall require compliance with the order of abatement within 30 days after the mailing of a copy of its order to the affected property owner, unless a period of time in excess of 30 days is specifically authorized within which to abate the nuisance. (d) If the nuisance is not abated within the 30-day period or within such longer period as the council may provide, the director is expressly authorized and directed to enter upon the premises for the purpose of abating the nuisance.” As the administrative record presented herein shows, staff attempted on multiple occasions to rectify the situation at the subject site by using all available methods to obtain compliance. Therefore, the City Council should consider the evidence in this staff report, the Attachments and any information provided during this evening’s meeting and uphold the Hearing Officer’s determination that there was conformance with the provisions of the public nuisance provisions contained in Article XIV. To conclude, Staff recommends that the City Council find that the actions taken have been in conformance with Article XIV, that the appeal be denied for the property at 300 W. Bancroft Public Nuisance and Cost Appeal Hearing – 300 West Bancroft Street March 20, 2023 Page 5 of 5 Street, and that the City Council uphold the decision made by the hearing officer in the public nuisance and cost recovery action as provided in Section(s) 14-417, 14-422 Azusa Municipal Code. FISCAL IMPACT: If the confirmed costs are not upheld, the city would forfeit $11,006.70 which if approved will be used to pay the City’s attorney’s fees incurred in this case. Prepared by: Reviewed by: Brent Hale Jose D. Jimenez Senior Community Director of Economic and Improvement Inspector Community Development Fiscal Review by: Reviewed and Approved by: Talika M. Johnson Sergio Gonzalez Director of Administrative Services City Manager Attachments: ATTACHMENT A - Resolution No. 2023-C14 ATTACHMENT B - Article XIV ATTACHMENT C - Violations Requiring Remedy for 300 West Bancroft Street Community Improvement Division Case Number: 23-H-001-BH ATTACHMENT D – Previous Violations ATTACHMENT E – 2022 Citations ATTACHMENT F – PNH Letter ATTACHMENT G – Cost Recovery ATTACHMENT H – PNH Staff Report ATTACHMENT I - PNH Decision Letter ATTACHMENT J - Public Nuisance Appeal Application ATTACHMENT K – Site Photos RESOLUTION NO. 2023-C14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA UPHOLDING THE HEARING OFFICER’S DECISION REGARDING PUBLIC NUISANCE AND COST APPEAL REQUEST OF COMMUNITY IMPROVEMENT CASE NUMBER 23-H-001-BH FOR THE PROPERTY LOCATED AT 300 WEST BANCROFT STREET, AZUSA CALIFORNIA WHEREAS, the City of Azusa, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, the City of Azusa Community Improvement Division enforces City codes to promote a safe and blight-free community by addressing substandard housing, property maintenance, neighborhood preservation, zoning violations, dangerous buildings, unauthorized land and building uses, unpermitted work, and other Health and Safety code violations; and WHEREAS, the Community Improvement Division work increases neighborhood livability, improving property values and enhancing quality of life issues. Staff is responsible for ensuring compliance with City and State codes by performing inspections, providing relevant information and educating the public, as well as developing administrative remedies as needed; and WHEREAS, starting in December 2021, Community Improvement Staff observed illicit activity originating from the property located at 300 West Bancroft Street, in the City of Azusa, and follow-up investigations revealed the property had a series of unresolved code enforcement matters; and WHEREAS, during the first quarter of 2022, Community Improvement Staff attempted to obtain compliance on various code matters with no success, and which resulted in the issuance of additional citations; and WHEREAS, On November 16, 2022, Code Enforcement, along with the Azusa Police Department and Los Angeles County Fire Department served an inspection warrant at the property. During the inspection, numerous violations of the Azusa Municipal Code, California Building Code, Health and Safety Code, and Los Angeles County Fire Code were observed at the property; and WHEREAS, the number and severity of the violations along with the failure to correct the previous violations resulted in a public nuisance hearing where it was determined that the administrative record present by City staff provided the necessary facts of record to declare the property a Public Nuisance as defined by Section(s) 14-415 and 14-416 of the Azusa Municipal Code, and ordered a series of repairs to be undertaken and completed by February 13, 2023; and WHEREAS, following the City Council meeting of February 6, 2023, direction was given to the appellant to work with Community Improvement staff to conduct the necessary inspection to determine compliance; and Attachment A Resolution No. 2023-C14 for Appeal of Community Improvement Case No. 23-H-001-BH Page 2 of 3 WHEREAS, Community Improvement Staff has been diligently working to, but has been unable to establish communication with the appellant in order to carry out the directives given to staff to inspect the site to determine compliance; and WHEREAS, all costs incurred by the City to date in seeking abatement of the nuisances on the subject property were reasonably incurred and would not have been incurred but for the property owner allowing the code violations to exist and failing to timely abate them as directed by the City. NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Azusa, California, does find and declare that: SECTION 1: Recitals. The recitals above are true and correct and are hereby adopted as findings, as if fully set forth herein. SECTION 2: That the information presented herein is in conformance with Article XIV, decision by the Hearing Officer be upheld for the property at 300 W. Bancroft Street, in the public nuisance and cost recovery action as provided in Section(s) 14-417, 14-422 Azusa Municipal Code. SECTION 3: The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Resolution. SECTION 4: Staff is hereby authorized and directed to file a Notice of Exemption with the Los Angeles County Clerk within five (5) working days following the adoption of this Resolution. ADOPTED AND APPROVED the 21st day of February, 2023. _______________________________________________ Robert Gonzales Mayor ATTEST: _______________________________________________ Jeffrey Lawrence Cornejo, Jr. City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF AZUSA ) Resolution No. 2023-C14 for Appeal of Community Improvement Case No. 23-H-001-BH Page 3 of 3 I HEREBY CERTIFY that the foregoing is a true copy of a resolution adopted by the City Council of the City of Azusa at a regular meeting thereof held on the 20th day of March, 2023, by the following vote of the City Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: _______________________________________________ Jeffrey Lawrence Cornejo, Jr. City Clerk APPROVED AS TO FORM ___________________________________________ Best Best & Krieger, LLP City Attorney 2/1/23, 2:40 PM Azusa, CA Code of Ordinances about:blank 1/8 (1) (2) (3) (4) (5) (6) (7) a. b. c. ARTICLE XIV. - ABATEMENT OF REAL PROPERTY NUISANCES Sec. 14-411. - Denitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Director means the director of public works or the director of community development. Cross reference— Definitions and rules of construction generally, § 1-2. Sec. 14-412. - Nuisances designated. It is declared a public nuisance for any person owning, leasing, occupying or having charge or possession of any real property in this city to: Maintain any building on property which constitutes a fire hazard or a danger to human life; Maintain the property, the topography or configuration of which, whether a natural state or as a result of grading operations, causes or will cause erosion, subsidence or surface water runoff problems which will or may be injurious to the public health, safety and welfare or to adjacent or nearby properties; Maintain or fail to maintain the property so as to allow the overgrowth of vegetation or the accumulation of debris so as to constitute a fire hazard or likely habitat for vermin; Maintain or fail to maintain the property or any building or structure thereon in such condition so that it is defective, unsightly or in such condition of deterioration or disrepair that it causes or will cause an ascertainable diminution of the property values of surrounding properties or is otherwise materially detrimental to adjacent and nearby properties and improvements; Abandon or vacate any building or structure so that it becomes readily available to unauthorized persons, including but not limited to juveniles and vagrants; Cause or maintain any real property, structures thereon or uses and activities thereon to be in violation of any of the provisions of this chapter, chapter 66, articles IV and V of chapter 78, and chapter 86 of this Code; Store, discharge, hold, handle, maintain, use or otherwise deal with hazardous substances, as defined by applicable state or federal laws or regulations: In violation of federal, state or local laws or regulations; In such a manner to affect in any way air or water quality; or Attachment B 2/1/23, 2:40 PM Azusa, CA Code of Ordinances about:blank 2/8 (8) (9) (10) (11) (a) (b) In such a manner as to create an identifiable risk of accidental release of the substances, which release might adversely affect the health or safety of persons, damage property or adversely affect air or water quality; Keep any animal, reptile or insect in such a manner as to pose a threat, disturbance, danger or menace to persons or property of another or in a public right-of-way; Keep, operate or maintain any machinery which by reason of its dust, exhaust or fumes creates a health or safety hazard; Fail to remove underground or aboveground storage vessels or tanks within six months after the use of such tanks or vessels ceases; or Maintain any building, structure or property in violation of the State Housing Law set forth in Health and Safety Code § 17910 et seq. (Code 1971, § 15.08.010) Sec. 14-413. - Abatement. All or part of any real property or structure located thereon found, as provided in this article, to constitute a public nuisance shall be abated by the procedures set forth in this article. (Code 1971, § 15.08.020) Sec. 14-414. - Commencement of proceeding. Whenever the director of public works or the director of planning and community development reasonably believes a nuisance exists, he may commence abatement proceedings under this article. The director of community development is designated to enforce the provisions of the State Housing Law, set forth in Health and Safety Code § 17910 et seq. (Code 1971, § 15.08.030) Sec. 14-415. - Hearing—Notice. Where the director finds that a nuisance exists, as provided in this article, he shall give not less than seven days' written notice of the hearing to determine whether such nuisance exists to the owner of the affected property, as shown on the latest equalized tax assessment role, by mailing the notice to the owner's address as indicated thereon, and further, within the same time period, by conspicuously posting on the affected property, building or structure a copy of the notice. The notice shall indicate the nature of the alleged nuisance, the description of the property involved and the designation of the time and place of the hearing to determine whether such constitutes a nuisance and the manner of its proposed abatement if such is found to be a nuisance. 2/1/23, 2:40 PM Azusa, CA Code of Ordinances about:blank 3/8 (c) (a) (b) (a) (b) (c) (a) (b) (c) The notice and order of abatement shall be served on every party by regular mail; however, the failure of any person to receive a notice shall not affect the validity of any proceedings under this article. (Code 1971, § 15.08.040) Sec. 14-416. - Same—Conduct. The hearing to determine whether a nuisance exists shall be conducted by the city manager or designee, who shall act as the hearing officer. The hearing officer is authorized to take testimony and in the course of so doing is authorized to administer oaths or affirmations pursuant to Code of Civil Procedure § 2093. At the hearing, the hearing officer shall consider all relevant evidence, including but not limited to applicable staff reports. He shall give any interested person a reasonable opportunity to be heard in conjunction therewith. Based upon the evidence so presented, the hearing officer shall determine whether a nuisance within the meaning of this article exists. (Code 1971, § 15.08.050; Ord. No. 98-09, § 2, 6-15-98) Sec. 14-417. - Order of abatement. Under this article, the decision of the hearing officer shall be final and conclusive in the absence of an appeal as provided in this article. The hearing officer shall, within five working days, give a copy of the written notice of his decision by regular mail to the owner, as determined by section 14-415, and to any other person requesting the notice of his decision. The decision shall contain an order of abatement, if a nuisance is determined to exist, directed to the owner of the affected property or the person in control or charge of the property and shall set forth the nature of the nuisance, its location and the time and manner for its abatement. Where an appeal is filed as provided in this article, the order of abatement shall be suspended pending the review of the determination in the manner set forth in this article. (Code 1971, § 15.08.060) Sec. 14-418. - Appeal. Under this article, the owner or any person in possession of the property or claiming any legal or equitable interest therein shall have the right of appeal to the city council. The appeal shall be filed with the city clerk within five working days following the decision of the hearing officer. The appeal shall be in writing and shall state the grounds for the appeal. 2/1/23, 2:40 PM Azusa, CA Code of Ordinances about:blank 4/8 (d) (a) (b) (c) (d) (a) (1) The city clerk shall set the matter for a de novo hearing before the council at a date and time not less than ten nor more than 30 days following the filing of the appeal. The city clerk shall then notify the appellant, by mail, of the date and time of the hearing. The city council may continue the hearing date where necessary. The council may, by resolution, establish a fee for the processing of an appeal. (Code 1971, § 15.08.070) Sec. 14-419. - Council action on appeal. At the time and place set for the appeal hearing as provided in this article, the city council shall review the decision of the hearing officer and shall afford the appellant a reasonable opportunity to be heard in connection therewith. The council shall, by resolution, establish rules of procedure for the conduct of hearing appeals. If the city council finds from the relevant evidence presented at the hearing that the action taken was in conformity with the provisions of this article, it shall require compliance with the order of abatement within 30 days after the mailing of a copy of its order to the affected property owner, unless a period of time in excess of 30 days is specifically authorized within which to abate the nuisance. If the nuisance is not abated within the 30-day period or within such longer period as the council may provide, the director is expressly authorized and directed to enter upon the premises for the purpose of abating the nuisance. (Code 1971, § 15.08.080) Sec. 14-420. - Notice of council decision. Under this article, a copy of the council's order shall be mailed by regular mail to the owner, as determined in section 14-415, and to any other person requesting the order, by the city clerk within five working days after the adoption thereof. The council's decision shall be final and conclusive. Pursuant to Code of Civil Procedure § 1094.6, any action to review the decision of the council shall be commenced not later than the 90th day after the date the council's order is adopted. (Code 1971, § 15.08.090) Sec. 14-421. - Cost of abatement. Where the director or the city attorney is required to cause the abatement of the public nuisance pursuant to this article, he shall keep an accounting of the costs thereof, including incidental expenses for the abatement. The term "costs and incidental expenses" includes but is not limited to the following: 2/1/23, 2:40 PM Azusa, CA Code of Ordinances about:blank 5/8 (2) (3) (4) (5) (6) (b) (c) (d) The actual expenses and costs of the city in preparation of notices, specifications and contracts; Inspection of the work; The cost of printings and mailings required under this article; Any attorney's fees expended in the abatement of the nuisance, through civil action or otherwise; All costs and expenses for which the city may be liable under state law arising from or related to the nuisance abatement action; and All costs or expenses to which the city may be entitled pursuant to Health and Safety Code § 510 and other statutory entitlements. Costs or expenses for which the city may be reimbursed shall begin to accrue at the time the city first receives a complaint regarding a problem on the property. Costs and expenses may be recovered even if the nuisance is corrected prior to a nuisance abatement hearing or an appeal hearing. Costs shall be assessed at the conclusion of the abatement; provided, however, if an abatement by any method takes more than six months, costs may be assessed at any time after six months, but not more than two times a year. The director shall submit his itemized statement of costs to the city and shall set the statement for a hearing before the city manager (hearing officer). The director shall cause notice of the time and place of the hearing to be given to the owners of the property to which the costs relate and to any other interested person requesting the notice by United States mail, postage prepaid, addressed to the person at his last known address at least five days in advance of the hearing. (Code 1971, § 15.08.100; Ord. No. 98-09, § 2, 6-15-98) Sec. 14-422. - Hearing on report. At the time and place fixed for receiving and considering the report on the statement of costs of abatement of the nuisance as provided in this article, the hearing officer shall hear and pass upon the report of the director together with any objections or protests raised by any of the persons liable to be assessed for the cost of abating the nuisance. Thereupon, the hearing officer shall make such revision, correction and modification to the report as he may deem just, after which the report as submitted or as revised, corrected or modified shall be confirmed. The hearing may be continued from time to time. The decision of the hearing officer shall be subject to an appeal to the city council in the time and manner set forth in sections 14-418 and 14-419. (Code 1971, § 15.08.110) 2/1/23, 2:40 PM Azusa, CA Code of Ordinances about:blank 6/8 (a) (b) (c) (d) (e) (1) (2) (3) (4) (5) (f) Sec. 14-423. - Imposition of lien. The confirmed cost of a nuisance abatement as determined by section 14-422 may be imposed as a nuisance abatement lien against the property on which the nuisance was abated. Before the city may record the nuisance abatement lien against the property, the city shall provide notice of the recordation to the owner of record of the parcel or where the nuisance is maintained, based on the last equalized assessment roll or the supplemental roll. Notice of the nuisance abatement lien may be served by personal delivery of the notice to the owner of the property in question. In lieu of personal delivery, the notice may be served by leaving a copy of the notice during usual business hours in the property owner's office with the person who is apparently in charge there and thereafter mailing a copy of the notice to the person to be served at the place where a copy of the notice was left. Service of the notice is deemed completed on the tenth day after such mailing. If a copy of the notice cannot with reasonable diligence be personally delivered to the property owner, the notice can be served by leaving a copy of the notice at the property owner's house, usual place of abode or usual place of business with a person at least age 18 and thereafter mailing a copy of the notice to the person at the location where the notice was left. In the alternative, the city may mail a copy of the notice to the property owner's usual mailing address (other than a U.S. Postal Service post office box). Service is deemed completed on the tenth day after the mailing. If the owner of record cannot be found after a diligent search, the notice may be served by posting a copy thereof in a conspicuous place upon the property for a period of ten days and publication of the notice in a newspaper of general circulation published in the county. After notice is given to the property owner, a nuisance abatement lien shall be recorded in the county recorder's office. From the date of recording, the nuisance abatement lien shall have the force, effect and priority of a judgment lien. A nuisance abatement lien shall include the following information: The amount of the lien; The name of the agency imposing the lien; The date of the abatement order; The street address of the property against which the nuisance abatement lien is being placed; and The legal description and assessor's parcel number of the parcel on which the lien is imposed and the name and address of the recorded owner of the property. A nuisance abatement lien may be foreclosed by an action brought by the city for a money judgment. The city may recover any costs incurred regarding the processing and recording of the lien and providing notice to the property owner as part of its foreclosure action to enforce the 2/1/23, 2:40 PM Azusa, CA Code of Ordinances about:blank 7/8 (a) (b) lien. (Code 1971, § 15.08.115) Sec. 14-424. - Assessment of costs against property. As an alternative or in addition to the procedure authorized by section 14-423, the confirmed cost of abatement of a nuisance as determined by section 14-422 upon any lot or parcel of land shall constitute a special assessment against the respective lot or parcel of land to which it relates, and, after its recording, as thus made and confirmed, the costs shall constitute a lien on the property in the amount of the assessment. After the confirmation of the report, a copy thereof shall be transmitted to the city tax collector, whereupon it shall be the duty of the tax collector to add the amount of the assessment to the next regular bills of taxes levied against the respective lots and parcels of land for municipal purposes, and the amounts 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 for foreclosure and sale in case of delinquency as provided for ordinary municipal taxes. (Code 1971, § 15.08.120) Sec. 14-425. - Additional actions. Nothing in this article shall be deemed to prevent the city council from ordering the city attorney to commence any appropriate civil action to abate a nuisance in addition to, as an alternative to, or in conjunction with the proceedings set forth in this article; nor shall anything in this article be deemed to prevent the city from commencing a criminal or other action with respect to the nuisance in addition to, alternative to, or in conjunction with the proceedings set forth in this article. If the city council orders the city attorney to commence any appropriate action to abate a nuisance, the city may recover its costs and attorney's fees as part of the judgment which may be recorded as an assessment against the property and constitute a lien thereon. This section grants specific authority to any court of competent jurisdiction to grant an award of costs pursuant to law, and award attorneys' fees pursuant to section 1-35 of this Code. Failure of a court to award attorneys' fees as part of a judgment does not preclude the city from assessing costs against the property pursuant to procedures set forth in this article. (Code 1971, § 15.08.130; Ord. No. 09-O8, § 3, 12-7-09) Sec. 14-426. - Emergency abatement. Notwithstanding any other provision of this article with reference to the abatement of public nuisance, whenever the city manager determines that property, a building or structure is structurally unsafe or constitutes a fire hazard or is otherwise dangerous to human life and such condition constitutes an 2/1/23, 2:40 PM Azusa, CA Code of Ordinances about:blank 8/8 (a) (b) immediate hazard or danger, he shall, without observing the provisions of this article with reference to abatement procedures, immediately and forthwith abate the existing public nuisance. (Code 1971, § 15.08.140; Ord. No. 98-09, § 2, 6-15-98) Sec. 14-427. - Violation; penalty. The owner or other person having charge or control of any building or premises who maintains any public nuisance defined in this article, or who violates an order of abatement made pursuant to section 14-417, is guilty of a misdemeanor. No person shall obstruct, impede or interfere with any representative of the city council or with any representative of a city department or with any person who owns or holds any estate or interest in a building which has been ordered to be vacated, repaired, rehabilitated or demolished and removed or with any person to whom any such building has been unlawfully sold pursuant to the provisions of this Code whenever any such representative of the city council, representative of the city, purchaser or person having any interest or estate in the building is engaged in vacating, repairing, rehabilitating or demolishing and removing any such building pursuant to the provisions of this article or in performing any necessary act preliminary to or incidental to such work as authorized or directed pursuant to this article. (Code 1971, § 15.08.150) Secs. 14-428—14-445. - Reserved. ATTACHMENT C Violations Requiring Remedy for 300 West Bancroft Street Community Improvement Division Case Number: 23-H-001-BH The violations are as follows: 1.There is no business license on file for the rental of an unpermitted 2nd unit in violation of Section 18-5 Azusa Municipal Code. Property Interior 2.The kitchen is in a dilapidated condition (missing sections of cabinets, damaged / missing cabinet doors, unsanitary paint, unsanitary flooring and missing drawers) in violation of Sections 14-412(11) Azusa Municipal Code, 17920.3(a)(14) California Health and Safety Code. 3.There are missing electrical outlet and switch covers throughout the interior of the house in violation of Sections 14-412(11) Azusa Municipal Code, 17920.3(a)(14) California Health and Safety Code. 4.There is an accumulation of trash and debris throughout the interior of house which is creating a fire hazard and harborage for rodents in violation of Sections 14-412(1)(3)(11) Azusa Municipal Code, 17920.3(j) California Health and Safety Code, 315.3 Los Angeles County Fire Code. 5.There is a strong foul odor and unsanitary conditions throughout the interior of house in violation of Sections 14-412(11) Azusa Municipal Code, 17920.3(a)(14) California Health and Safety Code. 6.There is damaged paint on the walls throughout the interior of house in violation of Sections 34-235(c)(6) Azusa Municipal Code. 7.There is worn, damaged and unsanitary carpet throughout the house in violation of Sections 14-412(11) Azusa Municipal Code, 17920.3(a)(14) California Health and Safety Code. 8.The water heater is not installed to code (missing seismic straps, damaged venting, missing temperature and pressure relief drain pipe) in violation of Sections 14-412(6) Azusa Municipal Code, 507.2, 501.0, 505.4 California Plumbing Code as adopted in Section 14- 1 Azusa Municipal Code. 9.There are missing smoke and carbon monoxide detectors in the house in violation of Sections 14-412(6) Azusa Municipal Code, 907.2.10.1.2 California Building Code, R315 Attachment C California Residential Code as adopted in Section 14-1 Azusa Municipal Code, 907.2.11 Los Angeles County Fire Code. 10. There is exposed electrical wiring throughout the house (hanging from range hood, ceiling lamps, etc.) in violation of Sections 14-412(1)(11) Azusa Municipal Code, 17920.3(d) California Health and Safety Code, 605.1, 605.6 Los Angeles County Fire Code. 11. There are bedroom windows throughout the house that have required egress blocked by boards and security bars in violation of Sections 14-412(1)(11) Azusa Municipal Code, 17920.3(l) California Health and Safety Code, 1006, 1008, 1030 Los Angeles County Fire Code. 12. There are damaged walls and doorways throughout the interior of house in violation of Sections 14-412(11) Azusa Municipal Code, 17920.3(a)(14) California Health and Safety Code. 13. There are no permits on file for the construction throughout the house to convert it from a 3 bedroom, 2 bathroom house, to a 5 bedroom, 3 bathroom house in violation of Sections 14-412(6) Azusa Municipal Code, 105.1 California Building Code as adopted in Section 14-1 Azusa Municipal Code. 14. There are no permits on file to convert the family room on the northeast side of the property into a 2nd unit in violation of Sections 14-412(6) Azusa Municipal Code, 105.1 California Building Code as adopted in Section 14-1 Azusa Municipal Code. 15. There are no permits on file for the removal and framing over of windows on the house in violation of Sections 14-412(6) Azusa Municipal Code, 105.1 California Building Code as adopted in Section 14-1 Azusa Municipal Code. 16. There are violations of fire resistance rated construction requirements in violation of Section 703.1 LA County Fire Code (see attached Fire Inspector’s report). Property Exterior 17. There are several dilapidated sheds in the rear yard in violation of Sections 14-412(11) Azusa Municipal Code, 17920.3(a)(14) California Health and Safety Code. 18. There is trash and debris stored throughout the property which is unsightly, and creating a fire hazard and harborage for rodents in violation of Sections 34-235(c)(1), 14-412(3) Azusa Municipal Code. 19. There are inoperable vehicles stored on the property in violation of Sections 74-41 Azusa Municipal Code. 20. There is unpermitted metal wire fencing material on the front wrought iron fence 88.30.020(F) Azusa Municipal Code. 21. There is a damaged stucco access panel on the front of the house in violation of Sections 14-412(11) Azusa Municipal Code, 17920.3(a)(14) California Health and Safety Code. 22. There is chipping, peeling, damaged and missing paint, and damaged stucco throughout the exterior of the house and garage in violation of Section 34-235(c)(6), 14-412(11) Azusa Municipal Code, 17920.3(a)(14) California Health and Safety Code. 23. There are broken windows in violation of Sections 14-412(11) Azusa Municipal Code, 17920.3(g)(2) California Health and Safety Code. 24. The garage door is damaged in violation of Sections 14-412(11) Azusa Municipal Code, 17920.3(a)(14) California Health and Safety Code. Attachment D Attachment E Attachment F Attachment G Attachment H Attachment I Attachment J Updated Site Photos: March 15, 2023 Attachment K Updated Site Photos: March 15, 2023 Updated Site Photos: March 15, 2023