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HomeMy WebLinkAbout2019-076 - Confirming the Costs and Expenditures Incurred by the Citry for WeedROH — 8/20/19 RESOLUTION NO. 2019-076 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CONFIRMING THE COSTS AND EXPENDITURES INCURRED BY THE CITY FOR WEED, RUBBISH, AND GARBAGE ABATEMENT WITHIN UNION PACIFIC RAILROAD COMPANY RIGHT OF WAY WITHIN THE CITY; AND, MAKING, CONFIRMING, AND LEVYING ASSESSMENTS FOR SUCH COSTS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Accumulation of trash, debris and the general lack of property maintenance on railroad properties have become increasingly noticeable to the community and are negatively impacting the health and welfare of the community and residents of the city. To abate the issues, the Code Enforcement Division properly posted and advised the property owner, Union Pacific Railroad Company, to clean their premises at the following locations: • 1000-1100 E. Chestnut • 1200-1300 E. Edinger • 1716 S. Santa Fe • 1200-1300 E. Warner • 2500 S. Main/Goetz • 3200-3300 S. Susan Street • 3400 W. MacArthur • 2900 S. Flower • 3200 S. Bristol B. After the prescribed compliance time had elapsed and compliance had not been obtained, the Code Enforcement Division, through the City Attorney's Office, requested and obtained inspection and abatement warrants from the Orange County Superior Court enabling the City to take necessary abatement Resolution 2019-076 Page 1 of 4 measures to address private property maintenance issues within railroad right of way. C. On May 22nd and May 23rd, 2019, and on July 10th and July 11th, 2019, in collaboration with the City's Quality of Life Team, the inspection and abatement warrants were executed. D. Pursuant to Section 16-55 of the Santa Ana Municipal Code, the Code Enforcement Division has submitted itemized reports of the costs associated with the execution of the two (2) inspection and abatement warrants totaling $76,948.60, which includes City staff time, City equipment, and Code Enforcement Division contractor services expenditures. Copies of these reports are on file with the Clerk of the Council, attached as Exhibits 1 and 2, respectively, and incorporated by reference as though fully set forth herein. E. The City has given notice as required by law, that the 20th day of August, 2019, at the hour of 5:45 p.m., or as soon as possible thereafter, is fixed as the time, and 22 Civic Center Plaza, Santa Ana, as the place, where any and all persons interested in said report may be heard. F. The City Council of the City of Santa Ana, at said time and place, received, heard, and considered said report and all objections thereto submitted by property owners liable to be assessed for the abatement, and directed such modification of said report as it has deemed necessary. Section 2. Each and every objection to said work and the costs thereof is hereby overruled; Attachments 1 and 2 are hereby made and confirmed as an assessment against such lots or parcels, respectively. Said assessments are hereby levied, and shall constitute liens on the respective lots or parcels of real property as shown on said report until paid. Section 3. The City has provided the Union Pacific Railroad Company with invoices seeking payment of the costs associated with the abatement actions on July 16, 2019, and August 6, 2019, and hereby reserves the right to take any and all legal actions available to collect payment of any unpaid outstanding assessments, as necessary. Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 3rd day of September, 2019. Resolution 2019-076 Page 2 of 4 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney 0 Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 'Ward 4 Representative Vacant Iglesias, Pulido, Penaloza, Sarmiento, Solorio Villegas (6) None (0) None (0) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2019-077 to be the original resolution adopted by the City Council of the City of Santa Ana on September 3, 2019. Date: C/ 1a '-�v 1 Daisy— Gomez Clerk of the Council City of Santa Ana Resolution 2019-076 Page 3 of 4 Refer to Laserfiche for Exhibits 1 and 2 Resolution 2019-076 Page 4 of 4 EXHIBIT 1 City of Santa Ana: Inspection and Abatement Warrant Date of Invoice: 7-16-19 Railroad Locations: • 1000-1100 EAST CHESTNUT / SOUTH SANTA FE (RAILROAD X-ING #761244J), TRAIN TRACKS FACING NORTH AND SOUTH; • 1200-1300 EAST EDINGER (RAILROAD X-ING #761246X), TRAIN TRACKS FACING NORTH AND SOUTH; • 1716 SOUTH SANTA FE STREET, TRAIN TRACKS FACING NORTH AND SOUTH; • 1200-1300 EAST WARNER (RAILROAD X-ING #761248L), TRAIN TRACKS FACING NORTH AND SOUTH; • 2500 SOUTH MAIN STREET / 100 EAST GOETZ (RAILROAD X-ING # 761253H), TRAIN TRACKS FACING EAST AND WEST Inspection and Abatement Warrant, execution: • May 22, 2019 • May 23, 2019 City of Santa Ana, encumbered costs: City Staff and Equipment: $39,623.83 Acct:0111600257010 City Contractual Costs: $11,124.92 Acct: 1211600253507 Grand Total: $50,748.75 75B-5 CITY OF SANTA ANA Finance & Management Services Agency M-87 20 Civic Center Plaza P.O. Box 1964 Santa Ana, CA 92702 (714) 647-6543 Fax (714) 647-5414 LlU5LUMV9 . UNION PACIFIC RAILROAD LANCE M FRITZ, CHAIRMAN, PRESIDENT, AND CEO 1400 DOUGLAS ST 19TH FL OMAHA NE 68179 INVUICE Date: 07/16/2019 Customer No. 35516 Invoice No. DS217 Due Date: 08/1512019 Description: Balance Forward: CONTRACTUAL COST IN" 1729 405.08 REAL ESTATE CONSULTING & SVCS CONTRACTUAL COST INV_19-1830A 10,719.84 SLS PROPERTY SOLUTIONS INC Total Due: 1 $11,124.92 1 Please remit payment within 30 days to the address referenced below. Past due accounts are referred to a collection agency. CHECK POLICY., It is understood by all persons who wish to write checks to the City that acceptance of checks is conditional upon the satisfactory collection of the check. If a check is dishonored or returned for any reason, the customer will be responsible for paying the full amount of the check that was returned plus the state's maximum allowable processing fee. PLEASE DETACH AND RETURN THIS PORTION WITH REMITTANCE MAIL PAYMENT TO: CITY OF SANTA ANA M-13 20 CIVIC CENTER PLAZA PO BOX 1964 SANTA ANA CA 92702 Customer: 35516 UNION PACIFIC RAILROAD Invoice #: DS217 Due Date: 08/15/2019 Amount Due: $11,124.92 DS00000217000035516000011124926DSOD0002170000355160000111249265 75B-6 CITY OF SANTA ANA Finance & Management Services Agency M-87 20 Civic Center Plaza P.O. Box 1964 Santa Ana, CA 92702 (714) 647-6543 Fax (714) 647-5414 i Customer: UNION PACIFIC RAILROAD LANCE M FRITZ, CHAIRMAN, PRESIDENT, AND CEO 1400 DOUGLAS ST 19TH FL OMAHA NE 68179 i INVOICE Date: 07/16/2019 Customer No. 35516 Invoice No. MP7 Due Date: 08/15/2019 Description: I Balance Forward: CITY STAFF TIME AND EQUIPMENT 5122119 AND 5123119 UNITED RENTALS INV_169595037.001 EQUIPMENT RENTAL Total Due: 38,507.36 1,116.47 Please remit payment within 30 days to the address referenced below. Past due accounts are referred to a collection agency. CHECK POLICY: It is understood by all persons who wish to write checks to the City that acceptance of checks is conditional upon the satisfactory collection of the check. If a check is dishonored or returned for any reason, the customer will be responsible for paying the full amount of the check that was returned plus the state's maximum allowable processing fee. 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CO O N 4fl O /D Cb t0 p CD co O O O O o O a p P Q 0 P 0 0 O a O (D a) a) N a) s�.02�.c °mr~ �� �co M 2 Cl) `O N ums u' LOLO m m m m m m m m m Q O Q Q Q Q Q O Q N N N N M N N M N N M N N N N N N N M N N M N M N tO In tO M 1( CO Si)t e 5 CO r f 1 s r m o 0o 75B-12 o united ,Rentals II IIIIIIIIII�IIIIIIIIIIIIIIIIIIIIIIIIIIIII BRANCH 666 2720 SOUTH ORANGE AVR SANTA "A CA 92707•2727 139-LS6.0779 729-566-0894 FAX 4J rB CODE ENFORCEMENT Vi y 20 CIVIC CENTER PLZ SANTA ANA CA 92701-4058 h� Office: 714-647-5462 Cell: 714-667-2716 CITY OF SANTA ANA PO BOX 1988 PURCHASING SANTA ANA CA 92702-1988 RENTAL RETURN INVOICE Customer ip : 292671 :Invoice Date : tl5/24/19 Rental Out , OS/22/19 12 :40 PM Rental In : 05/24/19 1Ot34 AM UR Job UR Job # o : 34520 CIVIC CENTER PLZ, Customer Job ID: P.O. # : 0111-6550 Ordered By I SERGIO VERINO Written By I ALEX SERRAT'O Salesperson : HOUSE ACCOUNT Invoice Amount: $1,116.47 Trams: Due Upon Recept Paymentop0ous: Conlaclourttedk ollka 212.333.3300 EM.84885 REMIT TO: UNITED RENTALS(NORTH AMERICA),INC, FILE 51122 LOS ANGELES CA 90074-1122 OtY Equipment Description Minimum bay Wesk 4 47®ek Amnunt 1 10380017 TRUCK STAKE 221 WITH LIFT GATE 260.00 785.10 199D.94 520,00 Make: FREIGHTLNR Model: M2 106 STAKE Serial: 3ALACWDU2GDGX7684 Meter out: 67747.30 Meter in, 67781.30 RIGHT REAR FLAT WAS UNABLE TO REPAIR TIRE SINCE IT WAS CLOSE TO SIDEWALL TIRE HAD 95k LIFE SO PRORATED TIRE BILL Rental Subtotal; 520.00 BALES/MISCELLANEOUS ITEMS: City Item Prioe Unit of Measure Extended Amt. 5 REFURLING SERVICE CHARGE (DIESEL) [DSL/MCI] 0.400 EACH 42,00 1 TIRE REPAIR CHARGE [TIRE REPAIR/CLOUT) 457.730 EACH 457.73 Sales/Misc Subtotal: 499.73 Agreement Subtotal: 977.73 Fuel: 42.00 Tax: 96.74 Total: otal: 11116.47 CONTACT: SERGIO VERINO CELLO: 714-667.2716 0111-6550 62120 THIS INVOICE IS ISSUED SUBJECT TO THE TERMS AND CONDITIONS OP THE RENTAL AGREEMENT, WHICH ARE INCORPORATED HEREIN BY REFERENCE. A COPYOF THE RENTAL AGREEMENT IS AVAILABLE UPON REDDEST, You Can NowAecess Invoice Nlsrory and Uptlare Purchase OMere Online r,. a.,,....,, .....,.,, _..,_�,..._.._..�... ___ Page: 1 75 Invoice Date 1 Invoice # 5/24/2019 11729 18345 Pasadena Street Lake Elsinore, CA 92530 DL'11.1 A v't[) 1V 011.1✓, 1n/1 )x YAruir�' Bill To City of Santa Ana Parks Maintenance 20 Civic Center Plaza Santa Ana, CA 92701 P.O. No. Terms Project Sergio Verina Net 30 Quantity Description Rate Amount 3 Rail Road Track Abatement 75.00 225.00 1 Trip Charge 50.00 50.00 1 Dump Materials 130.08 I30.08 Total $405.08 75B-14 SLS Property Solutions, Inc. 919 E. Santa Ana Blvd. Santa Ana, CA 92701 US 714-231-2189 sarah@slspropertysolutions.com BILL TO City of Santa Ana P.O. NUMBER SITE ADDRESS On Call Railroad Debris Clean -Up ACTIVITY DATE QTY Board Up Revenue:Debris Removal 05/22/2019 9.85 Debris removal service: cost per ton. Includes clean-up debris by hand, disposal (no heavy equipment). Board Up Revenue:Debris Removal 05/23/2019 11.24 Debris removal service: cost per ton. Includes clean-up debris by hand, disposal (no heavy equipment). Work was ordered by Sergio Verino to clean homeless debris from along BALANCE DUE the tracks. Work took place over two days. INVOICE # 19-1830A DATE 06/03/2019 DUE DATE 07/03/2019 TERMS Net 30 RATE AMOUNT 508.29 5,006.66 508.29 5,713.18 $10,719.84 75B-15 MAYOR Miguel A Pultdo MAYOR PRO TEM Juan Villegas COUNCILMEMBERS Cecilia Iglesias David Penaloza Roman Reyna Vicente Sarmlento Jose Solorto April 15, 2019 CITY OF SANTA ANA PLANNING AND BUILDING AGENCY 20 Civic Center Plaza • P O Box 1988 Santa Ana, California 92702 wwN santa-ana oro VIA CERTIFIED U.S. MAIL Lance M. Fritz, Chairman, President and Chief Executive Officer Union Pacific Railroad 1400 Douglas Street, 19th Floor Omaha, NE 68179 Union Pacific Railroad c/o C. T. Corporation System, Agent for Service of Process Amanda Garcia Vivian Imperial Gladys Aguilera 818 W. Seventh Street, suite 930 Lus Angeles, CA 90001 ACTING CITY MANAGER Steven A Mendoza CITY ATTORNEY Sonia R Carvalho ACTING CLERK OF THE COUNCIL Norma Mrtre Subject: NOTICE TO CLEAN PREMISES within the City of Santa Ana, CA: - 1000-1100 East Chestnut i South Santa Fe (Railroad X-ing 9761244J), train tracks facing north and south; - 1200-1300 East Edinger (Railroad X-ing 4761246X), train tracks facing north and south; 1716 South Santa Fe Street, train tracks facing north and south; - 1200-1300 East Warner (Railroad X-ing #761248L), train tracks facing north and south; and, - 2500 South Main Street / 100 East Goetz (Railroad X-ing # 761253I3), train tracks facing east and west. As the property owner of record and responsible party, you are hereby notified that your above - listed properties are in violation of Article III of Chapter 16 of the Santa Ana Municipal Code SANTA ANA CITY COUNCIL iLaaii Pw�ac swan Vnayas .-a�¢a 3arn,an:c 0a"'-rawra losa io,.rn Ramw aerra Cr_:ea iaesres May, Mayor Pm Tam Ward 9 Wara VVard 2 WaM i Wam J WarC 3 la � 1uara �, o-Aieoas PJsar;a-ara ao rsa�^ierlc:r%sanaara vv ]c>�rac�a8= n�l�_ su¢neZsana-ara x�-e.�ai�sa,aara _ro yip eras®san a-ana av 75B-16 (SAMC). Specifically, violations of SAMC Section 16-48, as depicted on the attached photos, were noted on April 15, 2019. Section 16-48 prohibits the presence of rubbish and garbage, among other items accumulated upon or in front of the property which may be dangerous or injurious to neighboring properties and negatively impact the health and welfare of residents in the community. Your immediate attention to these conditions is required. In accordance with SAMC Sections 16-49 and 16-50, notice requiring abatement of such conditions within seven (7) days will be posted on your property. As permitted by SAMC Section 16-49(b), this letter shall also serve to provide similar notice that you must IMMEDIATELY take action to eliminate all rubbish and garbage from your property. As the property owner, you are responsible for ensuring the general property maintenance and compliance with all provisions of the Santa Ana Municipal Code. A copy of Article III of Chapter 16 of the Santa Ana Municipal Code is attached for your reference. An inspection of your property will be conducted on or after April 25, 20I9 to determine compliance with the Code. Failure to correct the indicated conditions will result in enforcement action against the property, which may include: (1) the City of Santa Ana may abate the conditions, and the cost thereof will be assessed against the land and become a lien thereon; (2) issuance of administrative fines in escalating amounts; (3) the filing of a civil lawsuit; (4) criminal citations; or (5) any combination thereof, in addition to any other remedies allowed by law. Any violation of Chapter 16 of the Santa Ana Municipal Code, constitutes a public nuisance pursuant to SAMC Section 16-60. Any person objecting to the abatement work specified in this notice may appeal by filing a written statement of such objection, specifying the address or description of the property concerned, the reasons for objection, and the name, address, phone number (if any) and status (owner, manager, tenant, lessee, or other) of the person making the objection. All such statements must be filed with the Clerk of the Council, City Hail, 20 Civic Center Plaza, P.O. Box 1988, Santa Ara, California, no later than the date for abatement set forth hereinabove. We look forward to your cooperation in this matter and hope that enforcement action is not necessary. Sincerely, lvaro Nunez, Manager Code Enforcement Division City of Santa Ana, CA (714) 667-2780 anunez'nsanta-ana.ora cc: Minh Thai, Executive Director/Planning & Building Agency Steven Mendoza, Acting City Manager SANTA ANA CITY COUNCIL Myu2i A P'.o,, '.a^ �",a, , 1±>a idrl 3" J ✓y!'31!':! JCSo S-o'o Ri r-'dr Roy -a C2GIIa 1". Mayor Mayor Pro Tom Wara 5 1V.'1 I Nara 2 Ward 3 VVyra J Ward d TCuliaPil'sd!'�d-dl`d a, villaomasarta-af3 Xa oo'., gs`f of a-d' `v( aS�a a,�a aednia.a �a�r aalesas�sanr. Lupe Valdez, Director Public Affairs Union Pacific Railroad — Southern California 13181 Crossroads Pkwy N., Unit 500 City of Industry, CA 91746 Attachments: Notice to Clean Premises (posted copies) Property Maps Photos of Properties and Violations Santa Ana Municipal Code, Chapter 16, Article III SANTA ANA CITY COUNCIL MLguWA P,o.. -ar. - i e a Sa.T•ani� 'a. - , w Rsnar Rdy^a feolm lg�e Mayor Mayo' Pm yam War] 5 Ml3'tl 1 01..2 Ylard 3 Wa'a J Wd'd 5 Tvu1.dC0 31 3Yd ]! [11da.d21l'aaM 75B-18 (Dromeslic Mail only; NO Insurance Covemge Provided) a— 1 ra ftm TA- c - Lr) N \ S O Cerglled Fee Cro Pe§tMark 41 O ReturnReceiptRequired) fee - 1 a (Endorsement Required) jiare e, i Restricted Delivery Fee O 2n1,Ii0 q I p (Endorsement Required) !17 q o $1. uT Total Postage 9 Fees ,$ CO I a--o pset.. Apr. MO.;- -•-••--• r• or Po Box No. I 1 1 9' I rAJ)) "A r0 S rA c rR c IJl O O O C3 0 0 Ill 0 ra O 17, ET IJ1 ry E-' r-9 E' ra Lr) O O O O O O IJl O 0 0 M1 •EF IV IA L� U • E Codified Fee �S_r 4F„`1, $il, Il[L Rehm Receipt Fee (Endorsement Required) Pos h� m p '�. � - - • >' Restricted Newry Fee (Endorsement Required) n A } m - j ' • Total Postage 8 Fee es ,$ ant TO i or POBox Ab. ........... ...��,...1—.......... t.w City, `fey21PMC b IIVV tr. Postal CERTIFIED MAILr, RECEIPT r. Only; /ycyrL&Lieus-FL POseego''d ...- Certified Fee Return Receipt Fea (Endorsement Requlretl) },�I,a_i: on Restricted Delivery Fee (Endorsement Required) +�, Total Postage B Fees$ ; Sent lb IL 'Brrea4 p. O.; Or POBox No. )40U Ok6LAI S-C, Ati ................._.............. ................ i 75B-19 c 1. NOTICE IS HEREBY GIVEN to the owner, manager, occupants, or persons having charge or control of the property located at 1000-1100 EAST CHESTNUT/ SOUTH SANTA FE (RAILROAD X-ING #761244J) that the condition(s) of. RUBBISH and GARBAGE exists/ exist upon the property which is/ are in violation of Article III, Chapter 16 of the Santa Ana Municipal Code, which provides for the elimination of rubbish, garbage, noxious or dangerous growths, growing upon or accumulated upon or in front of property, obstructing the use of sidewalks, parkways or streets or dangerous or injurious to neighboring property or the health and welfare of residents in the vicinity. The said condition(s) must abated on or before April 25. 2019. If not abated on or before said date, the City of Santa Ana may abate the condition(s) or cause it to be abated and the costs thereof will be assessed against the land and become a lien thereon. Any person objecting to the abatement work specified in this notice may appeal by filing a written statement of such objection, specifying the address or description of the property concerned, the reasons for objection, and the name, address, phone number (if any) and status (owner, manager, tenant, lessee, or other) of the person making the objection. All such statements must be filed with the Clerk of the Council, City Hall, 20 Civic Center Plaza, P.O. Box 1988, Santa Ana, California, not later than the date for abatement set forth hereinabove. Dated and Posted April 15, 2019 By Alvaro Nunez Code Enforcement Division PHONE: 714-667-2780 CODE ENFORCEMENT DIVISION I PLANNING & BUILDING AGENCY CITY OF SANTA ANA 120 CIVIC CENTER PLACE (M-19) POST OFFICE BOX 1988 1 SANTA ANA, CA. 92702 714-667-2780 1 www.santa-ana.orq/pba 75B-20 1000-1100 East Chestnut / South Santa Fe (RK X-ing # 761244J) train tracks facing north and south SarM n 404-02 � 404-01 E'^o T STREET U E -GRAND me n+n y- AVENUE y 402-�� o � 1 A 5,1 m ti 4 1000-1100 East C` sstnut / South Santa Fa (RR X-ing # 761244J) train tracks facing n rth and Sautffl-45 m t 99a-46 N a x a W T n � I v 6� ! A V N N W Y FOST STREET L •w x O O 9 O � 'n N - b s. WALNUT STREET :n n CHESTNUT � 30 75B-22 STREET =9ifoltair 1000-1100 East Chestnut / South Santa Fe (Railroad X-ing #761244.i), train tracks facing North A. Nunez, Code Enforcement Manager April 15, 2019; pg. 1 NOTICE TO CLEAN PREMISES NOTICE IS HEREBY GIVEN to the owner, manager, occupants, or persons having charge or control of the property located at 1200-1300 East Edinger (Railroad X-ing #761246X) that the condition(s) of: RUBBISH and GARBAGE exists/ exist upon the property which is/ are in violation of Article III, Chapter 16 of the Santa Ana Municipal Code, which provides for the elimination of rubbish, garbage, noxious or dangerous growths, growing upon or accumulated upon or in front of property, obstructing the use of sidewalks, parkways or streets or dangerous or injurious to neighboring property or the health and welfare of residents in the vicinity. The said condition(s) must abated on or before April 25, 2019. If not abated on or before said date, the City of Santa Ana may abate the condition(s) or cause it to be abated and the costs thereof will be assessed against the land and become a lien thereon. Any person objecting to the abatement work specified in this notice may appeal by filing a written statement of such objection, specifying the address or description of the property concerned, the reasons for objection, and the name, address, phone number (if any) and status (owner, manager, tenant, lessee, or other) of the person making the objection. All such statements must be filed with the Clerk of the Council, City Hall, 20 Civic Center Plaza, P.O. Box 1988, Santa Ana, California, not later than the date for abatement set forth hereinabove. Dated and Posted April 15, 2019 By Alvaro Nunez Code Enforcement Division PHONE: 714-667-2780 CODE ENFORCEMENT DIVISION i PLANNING & BUILDING AGENCY CITY OF SANTA ANA 120 CIVIC CENTER PLACE (M-19) POST OFFICE BOX 1988 1 SANTA ANA, CA. 92702 714-667-2780 1 www.santa-ana.org/pba 75B-25 1200-13C.. East Edinger (RR X-ing #. A246 ) train tracks facing north and south 32 1 1 25 a T— a m,.> s. iwrrz.n.ra�.ace R. R •. 2 I. n ____a_ _ r �ro 11 m• a n Ye` E Smerr S. ZI e G mmi ad O ~ O � A er.re' eaj G m fCC.IY A Q A O � N Im.n' A Ao n a °o O N a ; b lel.ee• ! 0 nui m 4 O O p � nisi �e a F�m O O Z c N z BAR P ; NN x m n a U O 3v O a nt $ z g. a GRAND L i Mcur sx AVENUE 0 n m e = A m > 402-23 17 75B-Z6 N °nn AR, 0 u 1200-l::,v0 East Edinger (RR X-ing irT63246X) train tracks facing north and south 14-Ai GRAND [W a<r Sr) — AVENUF X, X �. w 75B-27 q !q PHOTOLOG 1200-4300 East Edinger (Railroad X-ing 9751246X), train tracks facing North A. Nunez, Code Enforcement Manager April 15, 2019; pg. 3 - 10411512019 15'33 _ COPY �>,x NOTICE TO CLEAN PREMISES NOTICE IS HEREBY GIVEN to the owner, manager, occupants, or persons having charge or control of the property located at 1716 South Santa Fe Street train tracks facing north and south that the condition(s) of: RUBBISH and GARBAGE exists/ exist upon the property which is/ are in violation of Article 111, Chapter 16 of the Santa Ana Municipal Code, which provides for the elimination of rubbish, garbage, noxious or dangerous growths, growing upon or accumulated upon or in front of property, obstructing the use of sidewalks, parkways or streets or dangerous or injurious to neighboring property or the health and welfare of residents in the vicinity. The said condition(s) must abated on or before April 25, 2019. If not abated on or before said date, the City of Santa Ana may abate the condition(s) or cause it to be abated and the costs thereof will be assessed against the land and become a lien thereon. Any person objecting to the abatement work specified in this notice may appeal by filing a written statement of such objection, specifying the address or description of the property concerned, the reasons for objection, and the name, address, phone number (if any) and status (owner, manager, tenant, lessee, or other) of the person making the objection. All such statements must be filed with the Clerk of the Council, City Hall, 20 Civic Center Plaza, P.O. Box 1988, Santa Ana, California, not later than the date for abatement set forth hereinabove. Dated and Posted April 15, 2019 By Alvaro Nunez Code Enforcement Division PHONE: 714-667-2760 CODE ENFORCEMENT DIVISION I PLANNING & BUILDING AGENCY CITY OF SANTA ANA 120 CIVIC CENTER PLACE (M-19) POST OFFICE BOX 1988 1 SANTA ANA, CA. 92702 714-667-27801 www.santa-an2.org/pba 75B-30 1716 South Santa Fe Street, train traces facing north and south 14-13 14-32 MJEE pm .,_-,...:. � Ba.ef• _I_f_____e_t_i!_M_CN_t �d e a = { O 5 ROw R Q ti naw' eaoe,..ee'� By Ka. a, p SANM FE e.— $ S7REE7 -- a I e O p 1 m 3 ° a new' ■ O ° -I 1 1 A � a aax I 2 AOR4M 4N © o 1 Ip \ a apw T �_ b Y $ v L 11 ° a H QI N 0 T T O O 1 N rN I u n n _ m N A u O N 4 iM1 O $ O I IY 1 b � 0 a n Q s o .}- i� � 0 m near * ne.n A Zy >t N 00 S. L s N —GRAND INC cur rcl AVENUE §� N v z 0 m 20 09 a 0 � O 75B-31 e ----------- COO �vu �z NOTICE TO CLEAN PREMISES NOTICE IS HEREBY GIVEN to the owner, manager, occupants, or persons having charge or control of the property located at 1200-1300 East Warner (Railroad X-inq #761248L) that the condition(s) of; RUBBISH and GARBAGE exists/ exist upon the property which is/ are in violation of Article III, Chapter 16 of the Santa Ana Municipal Code, which provides for the elimination of rubbish, garbage, noxious or dangerous growths, growing upon or accumulated upon or in front of property, obstructing the use of sidewalks, parkways or streets or dangerous or injurious to neighboring property or the health and welfare of residents in the vicinity. The said condition(s) must abated on or before April 25, 2019. If not abated on or before said date, the City of Santa Ana may abate the condition(s) or cause it to be abated and the costs thereof will be assessed against the land and become a lien thereon. Any person objecting to the abatement work specified in this notice may appeal by filing a written statement of such objection, specifying the address or description of the property concerned, the reasons for objection, and the name, address, phone number (if any) and status (owner, manager, tenant, lessee, or other) of the person making the objection. All such statements must be filed with the Clerk of the Council, City Hall, 20 Civic Center Plaza, P.O. Box 1988, Santa Ana, California, not later than the date for abatement set forth hereinabove. Dated and Posted April 15, 2019 By Alvaro Nunez Code Enforcement Division PHONE: 714-667-2780 CODE ENFORCEMENT DIVISION I PLANNING & BUILDING AGENCY CITY OF SANTA ANA 120 CIVIC CENTER PLACE (M-19) POST OFFICE BOX 1988 I SANTA ANA, CA. 92702 714-667-2780 1 wvwv.santa-ana.org/pba 75B-33 1200-4 300 East Warner R X R` «761 8 »/ntarcks-facing north and south { ��: k ,w: \zq ] )� { !� b , ■ § { �_»«r ,_r ! � | G § - § i $ . . � — \ | AYM! •— 2 9 _ e 75B- 4 CO ��S z 1200-1300 Last Warner (RR X-into #'tul2-48L)'_�-� �tia.Nu train tracks facing north and soLFth N e^nub 2 Y m 13 oPv,X, n @ 'r e b 11 I i yy �p 6RANUm9 — 1 c- 22 ►W i N W 1 v — lO J� 75B-35 PHOTOLOG 1200-1300 East Warner (Ving 4761248L), train tracks facing North A. Nunez, Code Enforcement Manager April 15, 2019; pg.6 r 7" l a- ; S 0 115/20.19 15 51 �i CoVi a1 . NOTICE TO GLEAN PREMISES NOTICE IS HEREBY GIVEN to the owner, manager, occupants, or persons having charge or control of the property located at 2500 South Main Street / 100 East Goetz (Railroad X-ing # 761253H) that the condition(s) of: RUBBISH and GARBAGE exists/ exist upon the property which is/ are in violation of Artiole III, Chapter 16 of the Santa Ana Municipal Code, which provides for the elimination of rubbish, garbage, noxious or dangerous growths, growing upon or accumulated upon or in front of property, obstructing the use of sidewalks, parkways or streets or dangerous or injurious to neighboring property or the health and welfare of residents in the vicinity. The said condition(s) must abated on or before April 25, 2019. If not abated on or before said date, the City of Santa Ana may abate the condition(s) or cause it to be abated and the costs thereof will be assessed against the land and become a lien thereon. Any person objecting to the abatement work specified in this notice may appeal by filing a written statement of such objection, specifying the address or description of the property concerned, the reasons for objection, and the name, address, phone number (if any) and status (owner, manager, tenant, lessee, or other) of the person making the objection. All such statements must be filed with the Clerk of the Council, City Hall, 20 Civic Center Plaza, P.O. Box 1988, Santa Ana, California, not later than the date for abatement set forth hereinabove. Dated and Posted April 15, 2019 By Alvaro Nunez Code Enforcement Division PHONE: 714-667-2760 CODE ENFORCEMENT DIVISION I PLANNING & BUILDING AGENCY CITY OF SANTA ANA 120 CIVIC CENTER PLACE (M-19) POST OFFICE BOX 1988 1 SANTA ANA, CA. 92702 714-667-2780 1 www.santa-ana.org/pba 75B-38 2500 South Main otreet 1 100 East Goetz (Rh X-ing # '7S'i253H) train tracks facing east and vest 1m Fl 02 BIRCH srREEr C O _ MG/N rss,w.mw STREET r. ss, R.am 5 ? ie-05 75B-3§ +5' 2500 South Pain St A / 105 East (Goetz (RR kinc ' 761253 =i'-1 i train tracks facing east and west = VR , '8�� r/ €`1A o�o 04 L`ca ` I P N I S O O '♦ 4 I n 0 GOETP AVFAUr f NI cny y I I 9 � m ak0 •.InN w n' I IN N S e I I wr ♦ • © I I- O - y 4 m' � w' I a ALLEY w.n w zm� ENO N � � W R as zhm O<oH O of� u re a � TO xaf 116.0/' l' ROAD '� p o+ ILn ---"— --- 11 75B-40 lxlelfol tsld 2500 South Main Street / 100 East Goetz (X-ing # 76125311), train tracks facing East A. Nunez, Code Enforcement Manager April 15, 2019; pg 8 PHOTOLOG 2500 South Main Street / 100 East Goetz (X-ing # 761253H), train tracks facing West A. Nunez, Code Enforcement Manager April 15, 2019; pg. 9 SANTA ANA MUNICIPAL, ODE CHAPTER 16, ARTICLE III ARTICLE IIL -GARBAGE, RUBBISH AND WEED CONTROL Sec, 16.46, - Short title, This article shall be known and may be cited as the "Garbage, Rubbish and Weed Control Ordinance" of the city. (Code 1952, § 3840; Ord. No. NS-880, § 1, 6.5.67; Ord, No. NS-1085, § 2, 10-18-71) Sec. 16.47. - Definitions, For the purpose of this article, the following terms, phrases, words and their derivations shall have the meanings given herein, unless the context Indicates that a different meaning Is Intended: Brush. Branches of trees sheared therefrom, a thicket of shrubs, or bushes. City finance director, The executive director of the finance and management services of the city or his or her designated representative. City public works director. The executive director of the public works agency of the city or his or her designated representative. Garbage. Accumulations of animal, fruit or vegetable matter, liquid or otherwise, that attend the preparation, use, cooking, dealing in or storing of meat, fish, fowl, fruit or vegetable. Lot. Any lot, parcel, tract or piece of land, Improved or unimproved, Including the sidewalk area abutting or adjoining said lot, parcel, tract or piece of land; and the parkways, or areas lying between the curbline and the street line of said adjoining or abutting lot, bounded on the sides by the prolongations in straight lines of the side (Ines of the lot In front of which such parkway or area exists, Noxious growth. Weeds, vines or brush which bear seeds of a wingy or downy nature, or which attain a high growth as to become a fire menace when dry, or which contain poisonous oils that become dangerous to the life and health of the community. Private premises, Any dwelling, house, building or other structure, designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall Include any yard, grounds, walk, driveway, porch, steps or vestibule belonging or appurtenant to such dwelling, house, building or other structure. Public place. Any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public squares, spaces, grounds and buildings, Rubbish. Scrap metals, junk, disassembled parts of automobiles or machinery, construction or demolition materials, debris, litter, paper, cardboard, metal cans, glass, cut brush, dead trees, tree limbs and similar materials. Street line. The boundary line between a public street right-of-way and an abutting lot or parcel of land, or between a private street open to public use and an abutting lot or parcel of land. (Code 1952, § 3841; Ord. No. NS-880, § 1, 6.5-67; Ord, No. NS-1085, § 2,10-18.71; Ord. No, NS-2300, § 1, 9-3-96) Editor's note— The editors arranged the definitions alphabetically, to facilitate reference and use. Sec. 16-48.- Noxious growths, rubbish, garbage prohibited; prima facie evidence. 75B-43 SANTA ANA MLINICIPAL LODE CHAPTER 16, ARTICLE III No person owning, managing or having control or charge or occupancy of any lot or private premises, shall: (1) Allow noxious growths or growths otherwise dangerous to the life, health, comfort or convenience of the community, to grow or remain upon such lot or private premises; (2) Sow or disseminate, or allow or permit to mature, any noxious growth upon such lot or private premises; (3) Suffer or permit any weeds, grass, rank growth or brush to grow or exist in excess of six inches (6") above the grade In the area of growth; (4) Cause or permit rubbish or garbage to be placed or to exist upon such lot or private property. It Is the duty of every such person to prevent such growth or existence, To establish a prima facie violation of this section, it shall not be necessary to establish any facts except that the accused person owned, managed, or had charge, control or occupancy of a lot or private premises whereon such condition existed or occurred. (Code 1952, § 3842; Ord. No. NS-880, § 1, 6-5-67; Ord, No. NS-1085, § 2, 10-18-71) Sec. 16-49.-Order and notice requiring removal of noxious growths, rubbish, garbage —Time limit; posting, mailing, (a) If and when It shall appear that noxious growths, rubbish or garbage have been placed upon or in front of private property in violation of any of the provisions of this article or of any other provisions of this Code, the city public works director may, by appropriate written order, direct the removal thereof and shall cause notices to be posted upon or In front of such property to the effect that such weeds, vines, shrubs, brush, rubbish or garbage must be removed within seven (7) days from and after the date of such posting. Such notices shall be conspicuously posted on or in front of the property on or in front of which the condition exists, as follows: (1) One (1) notice shall be posted on or In front of each separately owned parcel; (2) Not more than two (2) notices shall be posted to any parcel of fifty (50) to one hundred (100) feet frontage; (3) Notices shall be placed at Intervals of not more than one hundred (100) feet, If the frontage of a parcel Is greater than one hundred (100) feet, with one (1) notice for each one hundred (100) feet of frontage. (b) In addition to posting such notices, the city public works director may send a similar notice to the owner of the subject property as shown upon any city record, or upon the last equalized tax roll, by depositing such notice In the United States mall; but the failure of the owner to receive such notice shall not affect the power of the city or Its officers or employees to proceed as provided in this article. Such notice shall be mailed not less than twenty (20) days prior to the date set for a hearing upon objections. (Code 1952, § 3842.1; Ord. No. NS-880, § 1, 6-5-67; Ord. No. NS-1085, § 2, 10-18-71; Ord, No. NS-1476, § 1, 3-12-79; Ord. No. NS-2300, § 2, 9-3-96) Sec. 16.50, - Same —Form of notice. The headings of the notices required by section 16.49 shall be in letters approximately one Inch in height. Said notices shall be in substantially the following form: "NOTICE TO CLEAN PREMISES 75B-44 SANTA ANA MUNICIPAL .ODE CHAPTER 16, ARTICLE II I "NOTICE IS HEREBY GIVEN to the owner, manager, occupant or persons having charge or control of the property located at (describe property, e.g., address, assessor's parcel number, physical description) that the conditlon(s) of (describe violation(s)) exists upon the property which is/are In violation of Article III, Chapter 16 of the Santa Ana Municipal Code, which provides for the elimination of rubbish, garbage, noxious or dangerous growths, growing upon or accumulated upon or in front of property, obstructing the use of sidewalks, parkways or streets or dangerous or injurious to neighboring property or the health and welfare of residents in the vicinity. 'The said condition(s) must be abated on or before I / 19 . If not abated on or before said date, the City of Santa Ana may abate the condition or cause it to be abated and the costs thereof will be assessed against the land end become a lien thereon, "Any person objecting to the abatement work specified In this notice may appeal by filing a written statement of such objection, specifying the address or description of the property concerned, the reasons for objection, and the name, address, phone number (if any) and status (owner, manager, tenant, lessee, or other) of the person making the objection, All such statements must be flied with the Clerk of the Council, City Hall, 20 Civic Center Plaza, Santa Ana, California, not later than the date for abatement set forth hereinabove," (Code 1952, § 3842.2; Ord. No. NS-880, § 1, 6-6-67; Ord. No. NS-1085, § 2, 10-18-71; Ord. No, NS-1235, § 40,12-9-74; Ord. No. NS-1476, § 2, 3-12-79) Sec.16-51, - Hearing. If the clerk of the council receives any appeals from the notice specified in section 16-50, the clerk shall set such appeals for public hearing by the city council and shall send written notices of such public hearing to all persons filing such appeals. At the time and place stated in the notices, the city council shall hear and consider all objections to the proposed abatement work. At the conclusion of the hearing, the council shall allow or overrule any objections. (Ord, No, NS-2300, § 3, 9-3.96) Editor's mote— Prior to the reenactment of § 16-51 by Ord. No. NS-2300, Ord, No. NS-1235, § 41, enacted Dec. 9,1974, had repealed § 16-51, which had pertained to hearings and had derived from Code 1952, § 3842.3 and Ord. No. NS-880, § 1, adopted June 5, 1967. Sec.16-52. - Abatement order —Prom council. At the conclusion of said hearing, the council may order the city public works director to abate said nuisance by entering upon private property to abate and remove the same. (Code 1952, § 3842.4; Ord. No. NS-880, § 1, 6-5-67, Ord. No. NS-1235, § 42,12-9-74; Ord, No. NS-2300, § 4, 9-3-96) Sec. 16-53, - Same --Service. The city public works director shall serve by registered or certified mall, return receipt requested, postage prepaid, a copy of said abatement order forthwith upon those persons who have filed written statements of objectlors. The abatement order shall specify that unless the nuisance is removed and abated within seven (7) days from the date of mailing, said officer will abate the same and will, if 75B-45 SANTA ANA MUNICIPAL %.r3DE CHAPTER 16, ARTICLE III necessary, enter upon or Into the private property of said person without further notice or liability therefor In order to abate said nuisance. (Code 1952, § 3842.4; Ord, No. NS-880, § 1, 6-5-67; Ord. No. NS-2300, § 5, 9-3-96) Sec. 16-54. - Abatement action by city. The city public works director may cause the city's nuisance abatement work force or contractor to enter upon any private property and abate any nuisance found thereon, or in front thereof, provided ten (10) days notice to abate such nuisance shall have been posted or mailed as required by this article, the time allowed by such notice shall have expired, and no person shall have filed a written statement of objections as herein provided within ten (10) days after posting or mailing; In the event objections shall have been duty filed, and overruled by the city council, the city public works director may cause the city's nuisance abatement work force or contractor to enter upon any such private property and, in accordance with the order of the city, abate the nuisance found thereon, or in front thereof. (Code 1952, § 3842.6; Ord. No. NS-880, § 1, 6-5-67; Ord. No. NS-1235, § 43, 12-9-74; Ord. No. NS-2300, § 6, 9-3-96) Sec. 16.55. - Cost of abatement. (a) The city public works director shall keep a separate account of the cost of abatement In front of or on each individual lot or parcel of land where abatement work is done. He shall submit to the city manager for confirmation an Itemized written report showing such cost. A copy of the report shall be posted for at least three (3) days prior to Its submission to the city council on or near the council chamber door with a notice of the time of submission. At the time fixed for receiving and considering the report, the city council may hear the matter or refer it to the hearing officer under the provisions of Chapter 3 of this Code. (b) The city council may, by resolution, establish a standard administrative fee for parcels requiring nuisance abatement work by the city's nuisance abatement work force or contractor. Such fee shall be in addition to the direct cost of the abatement work and shall be in an amount reasonably determined to cover such costs as posting, inspection, contractor supervision, and the like. (c) The city council may, by resolution, also establish a standard charge for additional administrative costs for parcels requiring more than one (1) notice of abatement in any twelve-month period. (Code 1952, § 3842.7; Ord. No. NS-880, § 1, 6-5-67; Ord. No, NS-1235, § 44, 12-9-74; Ord. No. NS-2300, § 7, 9-3-96) State Law reference— For authority to abate nuisances, see § 38773, Gov. Code. See.16.56. - Receiving, receipting and billing for cost to city. The city finance director shall receive the amount due on the abatement cost and shall Issue receipts at any time after the confirmation of the report. The city finance director may bill the owner of record directly at any time he shall desire. (Code 1952, § 3842.10; Ord. No. NS-880, § 1, 6-5-67; Ord. No. NS-2300, § 8, 9-3-96) Sec.16-57. - Special assessments —Lien. 75B-46 SANTA ANA MUNICIPAL BODE CHAPTER 16, ARTICLE III The cost of abatement in front of or upon each lot or parcel of land constitutes a special assessment against that lot or parcel. After the assessment is made and confirmed, it Is a Ilan on the lot or parcel. (Code 1952, § 3842.8; Ord. No. NS-880, § 1, 6-5-67) Sec, 16.58. - Same --Collection procedure. After confirmation of a report, a certified copy of the same shall be filed with the county auditor on or before August 10th of each year. The descriptions of the parcels reported shall be those used for the same parcels on the county assessor's map book for the current year. The county auditor shall enter each assessment on the county tax roll opposite the parcel of land. The amount of the assessment shall be collected at the time and in the manner of ordinary municipal taxes, if delinquent, the amount is subject to the same penalties and procedures of foreclosure and sale provided for ordinary municipal taxes. As an alternative method, the county tax collector, in his discretion, may collect the assessments without reference to the general taxes, by issuing separate bills and receipts for the assessments. Laws relating to the levy, collection, and enforcement of county taxes shall apply to such special assessment taxes. (Code 1952, § 3842.9; Gird. No. NS-880, § 1, 6-5-67) Sec.16.59. - Same —Correction of error. (a) Any assessment erroneously made may be cancelled or reduced so as to correct any error, and the tax paid on account thereof, not including any penalties or interest, may be refunded to the person who paid the same, In accordance with the following procedure: (1) A claim of error may be filed with the clerk of the council at any time before the expiration of one year following April 10th of the tax year In which such assessment appears or would first appear on the tax bill for the affected property. Such claim shall be in writing, in such form and detail as shall be required by the clerk of the council, and shall be verified; (2) Any claim filed shall be forwarded to the city public works director for review and report to the city finance director, If the city public works director shall determine that such assessment was erroneously made, In whole or in part, the city finance director shall request the county board of supervisors to direct the county auditor -controller to correct the tax rolls as to the affected property by removing or reducing the erroneous assessment, and the direction of the city finance director shall be authority for the auditor -controller so to correct the tax rolls. If such assessment shall have been paid, the part determined to be erroneously levied shalt be refunded to the person who paid the same, by the city finance director. In lieu of proof otherwise, the city finance director may presume that the persons to whom the abatement cost was assessed were the persons who paid the some; (3) Any claimant whose claim Is not favorably acted upon in whole or in part within sixty (60) days after the filing of the same, or whose claim is denied. In whole or in part in writing, by the city finance director, may, within ten (10) days after such denial or after the expiration of such period, appeal such denial or failure to act favorably to the city council pursuant to Chapter 3 of the Santa Ana Municipal Code; (4) If the city council shall find the disputed assessment to be erroneous in whole or in part it may direct the city finance director to correct the assessment accordingly, to cause the tax rolls to be corrected, and to make a refund of any portion of the assessment paid, all in the manner as hersinabove provided for such corrections and refunds; (5) Not later than thirty (30) days after the correction of any assessment or refund of any monies hereinunder, except by direction of the city council, the city finance director shall transmit to the CRY ootmcil a report of such action, together with the report of the city public works director. 75B-47 SANTA ANA MUNICIPAL .ODE CHAPTER 16, ARTICLE III (b) Whenever the tax rolls have been corrected or a refund has been made hereunder by reason of an erroneous assessment, a corrected written report of the type required by section 16-55, relating to the work for which such erroneous assessment was levied, may be prepared by the officer who prepared the original report. Such report shall show the cost of abatement in front of or on the parcel or lot where the work has been done and shall state that it Is proposed to assess such cost against such lot or parcel. A copy of such corrected report shall be mailed to the owner of said lot or parcel as shown upon the current assessment roll. In oil other respects, sections 16-56 through 16-58 shall apply to such corrected assessments, except that the time for doing all things herein specified shall relate from the date of confirmation of the corrected assessment. (Code 1952, § 3842.11; Ord. No. NS-880, § 1, 6-5-67; Ord, No. NS-1235, § 2, 12-9-74; Ord. No. NS-2300, § 9, 9.3-96) Sec. 16.60. - Violation a public nuisance; remedies. Violation of this article is declared to be a public nuisance which may be abated as provided in part 3 of division 4 of the civil code of the state and in chapter 2 of title X of part 2 of the code of civil procedure of the state, which remedy shall be in addition to any other remedy provided In this article or by stale law, Including section 372 of the penal code of the state. (Code 1952, § 3843; Ord. No. NS-880, § 1, 6-5.67; Ord. No. NS-2300, § 10, 9-3-96) Secs. 16-61-16-109. - Reserved. 75B-48 EXHIBIT 2 City of Santa Ana: Inspection and Abatement Warrant Date of Invoice: 8/6/2019 Railroad Locations: • 2900 South Flower Street (Railroad X-ing # 761682L), train tracks facing west; • 3200 South Bristol Street (Railroad X-ing # 761681E), train tracks facing east; • 3200-3300 S. Susan Street (Railroad X-ing # 761672F), train tracks facing west; • 3400 W. McArthur (Railroad X-ing # 761664N), train tracks facing northeast.1000-1100 EAST Inspection and Abatement Warrant, execution: • July 10, 2019 • July 11, 2019 City of Santa Ana encumbered costs: City Staff and Equipment: $26,199.85 Account:0111600257010 75B-49 CITY OF SANTA ANA Finance & Management Services Agency M-87 20 Civic Center Plaza P.O. Box 1964 Santa Ana, CA 92702 (714) 647-6543 Fax (714) 647-5414 Customer: UNION PACIFIC RAILROAD LANCE M FRITZ, CHAIRMAN, PRESIDENT, AND CEO 1400 DOUGLAS ST 19TH FL OMAHA NE 68179 INVOICE Date: 08/06/2019 Customer No. 35516 Invoice No. MP8 Due Date: 09/05/2019 Description: Balance Forward: CITY STAFF AND EQUIPMENT 26,199.85 JULY 10-JULY 11, 2019 Total Due: $26,199.85 Please remit payment within 30 days to the address referenced below. Past due accounts are referred to a collection agency. CHECK POLICY. It is understood by all persons who wish to write checks to the City that acceptance of checks is conditional upon the satisfactory collection of the check. !f a check is dishonored or returned for any reason, the customer will be responsible for paying the full amount of the check that was returned plus the state's maximum allowable processing fee. PLEASE DETACH AND RETURN THIS PORTION WITH REMITTANCE MAIL PAYMENT TO: CITY OF SANTA ANA M-13 20 CIVIC CENTER PLAZA PO BOX 1964 SANTA ANA CA 92702 Customer: 35516 UNION PACIFIC RAILROAD Invoice #: MP8 Due Date: 09/05/2019 Amount Due: $26,199.85 MP00000008D00035516000026199856MP000000080000355160000261998565 75B-50 ROAD INSPECTION AND ABATEMENT WARRANT COSTS Flower-Bristol/Susan MacAr B. - B- WMIN - 7/10/2019 Parks & Rec Bernie Rodriguez Maintenance Assistant - 8 $ 295-25 7/10/2019 Parks & Rec Eric Castelan Maintenance Assistant 8 $ 284.68 7/10/2019 Parks & Rec Kevin Eaton - Assistant Park/Lan. Planner 1. $ 54.68. 7/10/2019 Parks & Rec Juan lopez Park Services Insp. Supervisor 1 $ 58.03 7/11/2019 Parks &Rec Bernie Rodriguez Maintenance Assistant 8 $ 692.64 7/11/2019 Parks & Rec Eric Castelan Maintenance Assistant 8 $ 397,39 7/11/2019 Parks & Rec IJuan Garcia - Park Services Insp. II 8 $ 112.71 $ 1,895.38 7/10/2019 SAPD Cpl. R. Velasquez Corporal 9 $ 563,94 7/10/2019 SAPD Cpl. O. Garcia Corporal 9 $ 563.94 - 7/10/2019 SAPD Oft. L. Gonzalez Officer 9 $ 524.34 7/10/2019 SAPD Oft. J. Kien Officer 9 $491.49 - 7/10/2019 SAPD Ofc, T. Stanaland Officer 9 $ 42712 7/10/2019 SAPD Ofc. J, Collins - Officer 9 $448,6$ 7/10/2019 SAPD Ofc. G. Ayala Officer 9 $ 552,96 7/10/2019 SAPD - -- Ofc. &.Duarte - - Officer 9. $ 526.95 7/10/2019 SAPD Oft. M, Smith Officer 9 $ 491.49 7/10/2019 SAPD Ofc. A. Callas Officer 9. $ 493.56 7/10/2019 SAPD Ofc. M. Matherly Officer - $ 640.98 7/10/2019 SAPD Oft. J..Babinski .Officer - $ 717.03' - 7/10/2019 SAPD Ofe. M. Thomas Officer $ 717.03 7/10/2019 SAPD Dep. Chief Gominksy Deputy Chief 3 $ 27713 7/10/2019 SAPD Commander P. Craft Commander 9 $ 253.02 7/11/2019 SAPD Cpl, R, Velas q uez Corporal 4 $ 250.64 7/11/2019 SAPD 10fc. L. Gonzalez Officer 4 $ 233.04 7/11/2019 SAPD - - Oft. J. Klan '- - Officer 4 1 $.218.44 7/11/2019 SAPD Ofc. T. Stanaland Officer 4 $189,92 7/i1/2019 SAPD Oft. J. Collins-3 Officer 4 $ 199.40 7/11/2019 SAPD Oft. G. Ayala Officer 4 $ 245.76 7/11/2019 SAPD ,: Oft. M. Smith Officer - 4 $ 218.44 7/11/2019 SAPD Ofc. A. Callas Officer 4 $ 219.36 7/11/2019 SAPD Ofc. M. Mathedy Officer $ 640.98' 7/11/2019 SAPD Ofc. J. Babinski Officer - $ 717.03 7/11/2019 SAPD 10fc, M. Thomas Officer $ 717.03 $ 11,539.97 7/10/2019 PWA Salvador Salcido Maintenance Worker 1 9 $.196.47 7/10/2019. PWA ' Ruben Corne o Tree Trimmer: 9 $ 291,24 7/10/2019 PWA Luis Fematt Public Works Crew Leader 9 $ 312.75 7/10/2019 PWA Ryan Plato Maintenance Worker 1 9 $ 187.11 7/10/2019 PWA Luzanna Guillen Sanitation inspector II 9 $ 295,47 7/10/2019 PWA - Gregory Boettcher Maintenance Worker 11 9. $ 270.09 7/10/2019 PWA Juan Ixta Public Works Crew Leader 9 $ 266.31 7/10/2019 PWA Michael Magana Maintenance Worker 1 9 $ 196A7 7/10/2019 PWA Isiah Togia Sr. Maintenance Worker 9 $ 154.62 7/10/2019 PWA Joseph Brown Maintenance Worker 1 9 $ 196.47 7/10/2019 PWA Ronald Salcido Sr. Maintenance Worker 9 $ 187.83 7/10/2019 PWA Philip Ramirez Equipment Operator - Water Ser 9 $305.10 7/10/2019 PWA Jorge Navarro Water Services Worker 1 9 $ 233.28 7/10/2019 PWA Gabriel Avina Water Services Worker ll 9 $276.75 7/10/2019 PWA Jorge Navarro -Diaz Water Services Worker 1 9 $ 233.28 7/10/2019 PWA Loader EQUIPMENT 9 $ 77,13 7/10/2019 PWA ITen Wheeler EQUIPMENT 9 $ 87.39 7/10/2019 PWA Ten Wheeler EQUIPMENT 7/10/2019 PWA Backhoe EQUIPMENT 7/10/2019 PWA Stakebed EQUIPMENT 7/10/2019 PWA 15takebed JEQUIPMENT 75B-51 7/10/201 PPWA Stakebed EQUIPMENT 9 $ 51.93 7/10/2019 PWA Pick Up EQUIPMENT 9 $ 20.43 7/10/2019 PWA Pick Up EQUIPMENT 9 $ 27.90 7/10/2019 PWA Clamp Truck EQUIPMENT 9 $ 85.23 7/10/2019 PWA_ Backhoe EQUIPMENT 9 $. 69.84 7/20/2019 _ PWA Backhoe EQUIPMENT 9 $ 70.29 7/10/2019 PWA - 114SD Heavy Duty Truck EQUIPMENT 9 $138.69 7/10/2019 PWA LT 8513 Commercial Truck EQUIPMENT 9 $ 88.20 7/11/2019 PWA 15alvadorSaicido Maintenance Worker l 9 $.196.47 7/11/2019 PWA IRuben Cornejo Tree Trimmer 9 $291.24 7/11/2019 PWA Ryan Pilato Maintenance Worker 1 9 1$187.11 7/11/2019 PWA Luzanna Gulllen Sanitation Inspector II 9 $ 295,47 7/11/2019 PWA Gregory Boettcher Maintenance Worker II 9 $ 270.09 7/11/2019 PWA Michael Ma ana Maintenance Worker 1 9 $ 196.47 7/11/2019 PWA Isiah Togia Sr. Maintenance Worker 9 $154.62 7/11/2019 PWA Joseph Brown Maintenance Worker 1 9 $ 196.47 7/11/2019 PWA Ronald Salcido Sr. Maintenance Worker 9 $187.83 7/11/2019 PWA David Jr. Carbajal Sr. Maintenance Worker 9 $ 154.62 7/11/2019 PWA Raul Ruvalcaba Sr. Maintenance Worker 9 $ 154.62 7/11/2019 PWA li,oader EQUIPMENT 9 1$ 77.13 7/11/2019 PWA ITen Wheeler EQUIPMENT 9 1 $ 87.39 7/11/2019 PWA ITen Wheeler EQUIPMENT 9 1 $ 87.39 7/11/2019 PWA Backhoe EQUIPMENT 9 IS 70.29 7/11/2019 PWA Stakebed EQUIPMENT 9 $ 70.29 7/11/2019 PWA Stakebed EQUIPMENT 9 $ 66.15 7/11/2019 PWA Stakebed EQUIPMENT 9 $ 51,93 7/11/2019 PWA Pick Up EQUIPMENT 9 $ 20.43 7/11/2019 PWA Clamp Truck EQUIPMENT 9 $ 85.23 $ 7,515.63 7/10/2019 CDA Hafsa Kaka Homeless Services Manager 3 $ 218.40 $ 218.40 6/25/2019 CODE Alejandro Rodriguez Code Enforcement Officer 2 $ 90.86 6/26/2019 CODE Alejandro Rodriguez Code Enforcement Officer 6 $ 272,58 7/1/2019 CODE Alejandro Rodriguez Code Enforcement Officer 1 $ 45.43 7/2/2019 CODE Alejandro Rodriguez Cade Enforcement Officer 4 $ 181.72 7/2/2019 CODE Alvaro Nunez Code Enforcement Manager 4 $ 282.92 7/3/2019 CODE Alejandro Rodriguez Code Enforcement Officer 2 $ 90.86 7/3/2019 CODE Alvaro Nunez Code Enforcement Manager 2 $141.46 7/8/2019 CODE Alejandro Jimenez Code Enforcement Officer 3 $136.29 7/10/2019 ICODE Cesar Jimenez Code Enforcement Officer 9 $ 389.79 7/10/2019 CODE Alejandro Rodriguez Code Enforcement Officer 9 $ 408.87 7/10/2019 CODE Alvaro Nuflez Code Enforcement Manager 4 $ 282.92 7/11/2,019 CODE Cesar Jimenez Code Enforcement Officer 9 $ 389.79 7/11/2019 CODE Alejandro Rodriguez Code Enforcement Officer 9 $ 408.87 7/11/2019 CODE Alvaro Nuflez Code Enforcement Manager 4 $ 282.92 7/16/2019 CODE Alejandro Rodriguez Code Enforcement Officer 2 $ 90.86 7/17/2019 CODE Alejandro Rodriguez Code Enforcement Officer 3 $ 136.29 7/18/2019 CODE Alejandro Rodriguez Code Enforcement Officer 2 $ 90.86 7/18/2019 CODE Alvaro Nuflez Code Enforcement Manager 2 $ 141.46 7/22/2019 CODE JAlejandro Rodriguez Code Enforcement Officer 4 $ 181.72 $ 4,046,47 7/10/2019 1 CITY ATTORNEY I Ryan Hodge Assistant City Attorney 8 $ 984,00 $ 984,00 26,199,85 75B-52 MAYOR Miguel A. Pulido MAYOR PRO TE:vI Juan Villegas COUNCILMEMBERS Cecilia 16ies!as David Peralaza Vicanta Savniento Jose Solaria CITY OF SANTA ANA Planning and Building Agency 20 Civic Center Pla-za . P.O. Box i 9e$ Santa Ana, California 92702 wA Santa-ana orc June 10, 2019 VIA CERTIFIED U.S. MAIL Lance M. Fritz, Chairman, President and Chief Executive Officer Union Pacific Railroad 7008 0500 0000 5707 5255 1400 Douglas Street, 19th Floor Omaha, NE 68179 Union Pacific Railroad c/o C. T. Corporation System, Agent for Service of Process Amanda Garcia 7008 0500 00011 5707 5262 Vivian Imperial Gladys Aguilera 818 W. 7th St. Suite 930 Los Angeles, CA 90017 CITY MANAGER Krisvne Ridge CITY ATTORNEY Sonia R Carvalho ACTING CLERK OF THE COUNCIL Norma Brtltro-Ramirez Subject: NOTICE TO CLEAN PREMISES within the City of Santa Ana, CA: - 3200 South Bristol Street / 1200 W. Alton (Railroad X-ing # 761681E), train tracks facing east - 2900 South Flower Street (Railroad X-ing # 761682L), train tracks facing west; - 3200-3300 S. Susan Street (Railroad X-ing # 761672F); train tracks facing west; and, 3400 W. McArthur (Railroad X-ing # 761664N), train tracks facing northeast. As the property owner of record and responsible party, you are hereby notified that your above - listed properties are in violation of Article III of Chapter 16 of the Santa Ana Municipal Code (SAMC). Specifically, violations of SAMC Section 16-48, as depicted on the attached photos, were SANTA ANA CITY COUNCIL Ay,.z a P_, ac scar v a, v una Sar'•-�erm y7 y�A else Som.c w.-ar. Cam. i .yam, Alai=' W'a 'Pn Tar. Warm War:1 .. r Wag1 .aa+ weed _sdr93ra :'] '.I�Nds csarlga'a_r- v —'^ ^.: 1CSd"13-3^a:F' 2 ar soCrc Bsar'la-era J,] S^ems 5i3s('LSdn!9: a-a�i' noted on June7, 2019. Section 16-48 prohibits the presence of rubbish and garbage, among other items accumulated upon or in front of the property which may be dangerous or injurious to neighboring properties and negatively impact the health and welfare of residents in the community. Your immediate attention to these conditions is required. In accordance with SAMC Sections 16-49 and 16-50, notice requiring abatement of such conditions within seven (7) days will be posted on your property. As permitted by SAMC Section 16-49(b), this letter shall also serve to provide similar notice that you must IMMEDIATELY take action to eliminate all rubbish and garbage from your property. As the property owner, you are responsible for ensuring the general property maintenance and compliance with all provisions of the Santa Ana Municipal Code. A copy of Article III of Chapter 16 of the Santa Ana Municipal Code is attached for your reference. An inspection of your property will be conducted on or after June 21, 2019 to determine compliance with the Code. Failure to correct the indicated conditions will result in enforcement action against the property, which may include: (1) the City of Santa Ana may abate the conditions, and the cost thereof will be assessed against the land and become a lien thereon; (2) issuance of administrative fines in escalating amounts; (3) the filing of a civil lawsuit; (4) criminal citations; or (5) any combination thereof, in addition to any other remedies allowed by law. Any violation of Chapter 16 of the Santa Ana Municipal Code, constitutes a public nuisance pursuant to SAMC Section 16-60. Any person objecting to the abatement work specified in this notice may appeal by filing a written statement of such objection, specifying the address or description of the property concerned, the reasons for objection, and the name, address, phone number (if any) and status (owner, manager, tenant, lessee, or other) of the person making the objection. All such statements must be filed with the Clerk of the Council, City Hall, 20 Civic Center Plaza, P.O. Box 1988, Santa Ana, California, not later than the date for abatement set forth hereinabove. We look forward to your cooperation in this matter and hope that enforcement action is not necessary. Sincerely, •, :416�� Alvaro Nurriez, Manager Code Enforcement Division City of Santa Ana, CA (714)667-2780 anunezFt santa-ana.ora cc: Minh Thai, Executive Director/Planning & Building Agency John Funk, Assistant City Attorney Ryan Hodge, Assistant City Attorney SANTA ANA CITY COUNCIL V acar. Caoual A4 y.e a Pvs ar T.e vcacWSarT•arm Dare Praw_a /aW -3 S' Maya Mayal Pro Tan N/aU 5 Wa{] 2 Ww. J Ytv] Waz= — C�i5df1331'd JIC r.��2rd52"]dCl3dfd _T: YSd!'^IE" • df13- 3 � � Se'rld 3fd :ram CIOaSdr a-dfd :r] Lupe Valdez, Director Public Affairs 7008 0500 0000 5707 5279 Union Pacific Railroad — Southern California 13181 Crossroads Pkwy N., Unit 500 City of Industry, CA 91746 Attachments: Notice to Clean Premises (posted copies) Property Maps Photos of Properties and Violations Santa Ana Municipal Code, Chapter 16, Article III SANTA ANA CITY COUNCIL AI 4_t. > P-_oac J.ar V'I yas Vicerle ianiJ � JOcslasaSra:aaro Vawn MayeMayer Pro Ta War= 5 Waa 3 Ward a C • sViat. gr a I - v .2 as aiarla aa 6 i• ara ]r: : ciesA NOTICE TO CLEAN PREMISES NOTICE IS HEREBY GIVEN to the owner, manager, occupants, or persons having charge or control of the property located at 2900 South Flower Street (Railroad X-ing # 761682L) that the condition(s) of: RUBBISH and GARBAGE exists/ exist upon the property which is/ are in violation of Article III, Chapter 16 of the Santa Ana Municipal Code, which provides for the elimination of rubbish, garbage, noxious or dangerous growths, growing upon or accumulated upon or in front of property, obstructing the use of sidewalks, parkways or streets or dangerous or injurious to neighboring property or the health and welfare of residents in the vicinity. The said condition(s) must abated on or before June 7, 2019. If not abated on or before said date, the City of Santa Ana may abate the condition(s) or cause it to be abated and the costs thereof will be assessed against the land and become a lien thereon. Any person objecting to the abatement work specified in this notice may appeal by filing a written statement of such objection, specifying the address or description of the property concerned, the reasons for objection, and the name, address, phone number (if any) and status (owner, manager, tenant, lessee, or other) of the person making the objection. All such statements must be filed with the Clerk of the Council, City Hall, 20 Civic Center Plaza, P.O. Box 1988, Santa Ana, California, not later than the date for abatement set forth hereinabove. Dated and Posted June 7, 2019 By Alvaro Nunez Code Enforcement Division PHONE: 714-667-2780 CODE ENFORCEMENT DIVISION I PLANNING & BUILDING AGENCY CITY OF SANTA ANA 120 CIVIC CENTER PLACE (M-19) POST OFFICE BOX 1988 1 SANTA ANA, CA. 92702 714.667.27801 www.santa-ana.org/pba 75B-56 NOTICE TO CLEAN PREMISES NOTICE IS HEREBY GIVEN to the owner, manager, occupants, or persons having charge or control of the property located at 3200 South Bristol Street / 1200 W. Alton (Railroad X-ing # 761681 E) that the condition(s) of: RUBBISH and GARBAGE exists/ exist upon the property which is/ are in violation of Article III, Chapter 16 of the Santa Ana Municipal Code, which provides for the elimination of rubbish, garbage, noxious or dangerous growths, growing upon or accumulated upon or in front of property, obstructing the use of sidewalks, parkways or streets or dangerous or injurious to neighboring property or the health and welfare of residents in the vicinity. The said condition(s) must abated on or before June 7, 2019. If not abated on or before said date, the City of Santa Ana may abate the condition(s) or cause it to be abated and the costs thereof will be assessed against the land and become a lien thereon. Any person objecting to the abatement work specified in this notice may appeal by filing a written statement of such objection, specifying the address or description of the property concerned, the reasons for objection, and the name, address, phone number (if any) and status (owner, manager, tenant, lessee, or other) of the person making the objection. All such statements must be filed with the Clerk of the Council, City Hall, 20 Civic Center Plaza, P.O. Box 1988, Santa Ana, California, not later than the date for abatement set forth hereinabove. Dated and Posted June 7, 2019 By Alvaro Nunez Code Enforcement Division PHONE: 714-667-2780 CODE ENFORCEMENT DIVISION 1 PLANNING & BUILDING AGENCY CITY OF SANTA ANA 120 CIVIC CENTER PLACE (M-19) POST OFFICE BOX 1988 1 SANTA ANA, CA. 92702 714-667-2780 1 www.santa-ana.org/pba 75B-57 iC O V v 4 'u F ar C 75B-58 75B-59 PHOTOLOG 2900 South Flower Street (Railroad X-ing # 761682L), train tracks facing west; Z i y M r vvR . '4 �Y a'f Alvaro Nunez I Code Enforcement Manager June 7, 2019 Page 11 75B-60 PHOTOLOG 3200 South Bristol Street / 1200 W. Alton (Railroad X-ing 9 761681E), train tracks facing east Alvaro Nuhez I Code Enforcement Manager June 7, 2019 Page I 1 75B-61 NOTICE TO CLEAN PREMISES NOTICE IS HEREBY GIVEN to the owner, manager, occupants, or persons having charge or control of the property located at 3400 W. McArthur (Railroad X-ing # 761664N) that the condition(s) of: RUBBISH and GARBAGE exists/ exist upon the property which is/ are in violation of Article III, Chapter 16 of the Santa Ana Municipal Code, which provides for the elimination of rubbish, garbage, noxious or dangerous growths, growing upon or accumulated upon or in front of property, obstructing the use of sidewalks, parkways or streets or dangerous or injurious to neighboring property or the health and welfare of residents in the vicinity. The said condition(s) must abated on or before June 7, 2019. If not abated on or before said date, the City of Santa Ana may abate the condition(s) or cause it to be abated and the costs thereof will be assessed against the land and become a lien thereon. Any person objecting to the abatement work specified in this notice may appeal by filing a written statement of such objection, specifying the address or description of the property concerned, the reasons for objection, and the name, address, phone number (if any) and status (owner, manager, tenant, lessee, or other) of the person making the objection. All such statements must be filed with the Clerk of the Council, City Hall, 20 Civic Center Plaza, P.O. Box 1988, Santa Ana, California, not later than the date for abatement set forth hereinabove. Dated and Posted June 7, 2019 By Alvaro Nunez Code Enforcement Division PHONE: 714-667.2780 CODE ENFORCEMENT DIVISION I PLANNING & BUILDING AGENCY CITY OF SANTA ANA 120 CIVIC CENTER PLACE (M-19) POST OFFICE BOX 1988 1 SANTA ANA, CA. 92702 714-667-2780 1 www.santa-ana.orq/pba 75B-62 NOTICE TO CLEAN PREMISES NOTICE IS HEREBY GIVEN to the owner, manager, occupants, or persons having charge or control of the property located at 3200-3300 S. Susan Street (Railroad X-ing # 761672F) that the condition(s) of: RUBBISH and GARBAGE exists/ exist upon the property which is/ are in violation of Article III, Chapter 16 of the Santa Ana Municipal Code, which provides for the elimination of rubbish, garbage, noxious or dangerous growths, growing upon or accumulated upon or in front of property, obstructing the use of sidewalks, parkways or streets or dangerous or injurious to neighboring property or the health and welfare of residents in the vicinity. The said condition(s) must abated on or before June 7, 2019. If not abated on or before said date, the City of Santa Ana may abate the condition(s) or cause it to be abated and the costs thereof will be assessed against the land and become a lien thereon. Any person objecting to the abatement work specified in this notice may appeal by filing a written statement of such objection, specifying the address or description of the property concerned, the reasons for objection, and the name, address, phone number (if any) and status (owner, manager, tenant, lessee, or other) of the person making the objection. All such statements must be filed with the Clerk of the Council, City Hall, 20 Civic Center Plaza, P.O. Box 1988, Santa Ana, California, not later than the date for abatement set forth hereinabove. Dated and Posted June 7, 2019 By Alvaro Nunez Code Enforcement Division PHONE: 714-667-2780 CODE ENFORCEMENT DIVISION I PLANNING & BUILDING AGENCY CITY OF SANTA ANA 120 CIVIC CENTER PLACE (M-19) POST OFFICE BOX 1988 1 SANTA ANA, CA. 92702 714-667-27801 www.santa-ana.orgLaLa 75B-63 75B-64 el �� I �vI N N Y 75B-65 PHOTOLOG 3200-3300 S. Susan Street (Railroad X-ing # 761672F); train tracks facing west Alvaro Nunez I Code Enforcement Manager June 7, 2019 Page I 1 75B-66 PHOTOLOG 3200-3300 S. Susan Street (Railroad X-ing 9 761672F); train tracks facing west U.P.R.R. SJS.S Mir, MP 52287 PST 767i72FI n xuss a-+ I r 111715 ;rm�t 1Y 1� Alvaro Munez I Code Enforcement Manager June 7, 2019 Page 12 75B-67 PHOTOLOG 3400 W. McArthur (Railroad X-ing # 761664J), train tracks facing northeast • I _ L I i 1 t N0 , n27ianal 6amein TRESPASSING '� ' ' ;v�� �t 1iA11G �� '..-s.l Y�F a1uF'sN' v U.P.P.R.V.. Y:UP.IP:l�YO IMF 523166 067 761.664k- axx�aicicrc ,t-gae-Ne•6�is NIM91 Alvaro Nunez I Code Enforcement Manager June 7, 2019 Page 11 75B-68 SANTA ANA MUNICIPAL CODE ARTICLE III. - GARBAGE, RUBBISH AND WEED CONTROL Sec. 16.46. - Short title. This article shall be known and may be cited as the "Garbage, Rubbish and Weed Control Ordinance" of the city. (Code 1952, § 3840; Ord, No. NS-880, § 1, 6-5-67; Ord, No. NS-1085, § 2, 10.18-71) Sec. 16-47. - Definitions. For the purpose of this article, the following terms, phrases, words and their derivations shall have the meanings given herein, unless the context Indicates that a different meaning is intended: Brush. Branches of trees sheared therefrom, a thicket of shrubs, or bushes. City finance director. The executive director of the finance and management services of the city or his or her designated representative. City public works director. The executive director of the public works agency of the city or his or her designated representative. Garbage. Accumulations of animal, fruit or vegetable matter, liquid or otherwise, that attend the preparation, use, cooking, dealing in or storing of meat, fish, fowl, fruit or vegetable. Lot. Any lot, parcel, tract or piece of land, improved or unimproved, including the sidewalk area abutting or adjoining said lot, parcel, tract or piece of land; and the parkways, or areas lying between the curbline and the street line of said adjoining or abutting lot, bounded on the sides by the prolongations in straight lines of the side lines of the lot in front of which such parkway or area exists. Noxious growth. Weeds, vines or brush which bear seeds of a wingy or downy nature, or which attain a high growth as to become a fire menace when dry, or which contain poisonous oils that become dangerous to the life and health of the community. Private premises. Any dwelling, house, building or other structure, designed or used either wholly or In part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps or vestibule belonging or appurtenant to such dwelling, house, building or other structure. Public place. Any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public squares, spaces, grounds and buildings. Rubbish. Scrap metals, junk, disassembled parts of automobiles or machinery, construction or demolition materials, debris, litter, paper, cardboard, metal cans, glass, cut brush, dead trees, tree limbs and similar materials. Street line. The boundary line between a public street right-of-way and an abutting lot or parcel of land, or between a private street open to public use and an abutting lot or parcel of land. (Code 1952, § 3841; Ord. No, NS-880, § 1, 6-5-67; Ord. No. NS-1085, § 2, 10-18-71; Ord. No. NS-2300, § 1, 9-3-96) Editor's note— The editors arranged the definitions alphabetically, to facilitate reference and use. Sec. 16-48. - Noxious growths, rubbish, garbage prohibited; prima facie evidence. 75B-70 SANTA ANA MUNICIPAL CODE No person owning, managing or having control or charge or occupancy of any lot or private premises, shall: (1) Allow noxious growths or growths otherwise dangerous to the life, health, comfort or convenience of the community, to grow or remain upon such lot or private premises; (2) Sow or disseminate, or allow or permit to mature, any noxious growth upon such lot or private premises; (3) Suffer or permit any weeds, grass, rank growth or brush to grow or exist in excess of six inches (6") above the grade in the area of growth; (4) Cause or permit rubbish or garbage to be placed or to exist upon such lot or private property. It is the duty of every such person to prevent such growth or existence. To establish a prima facie violation of this section, it shall not be necessary to establish any facts except that the accused person owned, managed, or had charge, control or occupancy of a lot or private premises whereon such condition existed or occurred. (Code 1952, § 3842; Ord, No. NS-880, § 1, 6-5-67; Ord. No. NS-1085, § 2, 10-18-71) Sec.16-49. - Order and notice requiring removal of noxious growths, rubbish, garbage —Time limit; posting, mailing. (a) If and when it shall appear that noxious growths, rubbish or garbage have been placed upon or in front of private property in violation of any of the provisions of this article or of any other provisions of this Code, the city public works director may; by appropriate written order, direct the removal thereof and shall cause notices to be posted upon or in front of such property to the effect that such weeds, vines, shrubs, brush, rubbish or garbage must be removed within seven (7) days from and after the date of such posting. Such notices shall be conspicuously posted on or in front of the property on or in front of which the condition exists, as follows: (1) One (1) notice shall be posted on or in front of each separately owned parcel; (2) Not more than two (2) notices shall be posted to any parcel of fifty (50) to one hundred (100) feet frontage; (3) Notices shall be placed at intervals of not more than one hundred (100) feet, if the frontage of a parcel is greater than one hundred (100) feet, with one (1) notice for each one hundred (100) feet of frontage. (b) In addition to posting such notices, the city public works director may send a similar notice to the owner of the subject property as shown upon any city record, or upon the last equalized tax roll, by depositing such notice in the United States mail; but the failure of the owner to receive such notice shall not affect the power of the city or its officers or employees to proceed as provided in this article. Such notice shall be mailed not less than twenty (20) days prior to the date set for a hearing upon objections. (Code 1952, § 3842.1; Ord, No. NS-880, § 1, 6-5-67; Ord. No. NS-1085, § 2, 10-18-71; Ord. No. NS-1476, § 1, 3-12-79; Ord. No. NS-2300, § 2, 9-3-96) Sec. 16-50. - Same —Form of notice. The headings of the notices required by section 16-49 shall be in letters approximately one inch in height. Said notices shall be in substantially the following form: "NOTICE TO CLEAN PREMISES 75B-71 SANTA ANA MUNICIPAL COPE "NOTICE IS HEREBY GIVEN to the owner, manager, occupant or persons having charge or control of the property located at (describe property, e.g., address, assessor's parcel number, physical description) that the condition(s) of (describe violation(s)) exists upon the property which is/are in violation of Article III, Chapter 16 of the Santa Ana Municipal Code, which provides for the elimination of rubbish, garbage, noxious or dangerous growths, growing upon or accumulated upon or in front of property, obstructing the use of sidewalks, parkways or streets or dangerous or Injurious to neighboring property or the health and welfare of residents in the vicinity. 'The said condition(s) must be abated on or before 19 . If not abated on or before said date, the City of Santa Ana may abate the condition or cause it to be abated and the costs thereof will be assessed against the land and become a Ilen thereon. "Any person objecting to the abatement work specified in this notice may appeal by filing a written statement of such objection, specifying the address or description of the property concerned, the reasons for objection, and the name, address, phone number (if any) and status (owner, manager, tenant, lessee, or other) of the person making the objection. All such statements must be filed with the Clerk of the Council, City Hall, 20 Civic Center Plaza, Santa Ana, California, not later than the date for abatement set forth hereinabove." (Code 1952, § 3842.2; Ord. No. NS-880, § 1, 6-6-67; Ord. No. NS-1085, § 2, 10-18-71; Ord. No. NS-1235, § 40, 12-9-74; Ord. No. NS-1476, § 2, 3-12-79) Sec. 16-51. - Hearing. If the clerk of the council receives any appeals from the notice specified in section 16-50, the clerk shall set such appeals for public hearing by the city council and shall send written notices of such public hearing to all persons filing such appeals. At the time and place stated in the notices, the city council shall hear and consider all objections to the proposed abatement work. At the conclusion of the hearing, the council shall allow or overrule any objections. (Ord. No. NS-2300, § 3, 9-3-96) Editor's note-- Prior to the reenactment of § 16-51 by Ord. No. NS-2300, Ord. No. NS-1235, § 41, enacted Dec. 9, 1974, had repealed § 16-51, which had pertained to hearings and had derived from Code 1952, § 3842.3 and Ord. No. NS-880, § 1, adopted Jime 5, 1967. Sec.16-52, - Abatement order —From council. At the conclusion of said hearing, the council may order the city public works director to abate said nuisance by entering upon private property to abate and remove the same. (Code 1952, § 3842.4; Ord. No. NS-880, § 1, 6-5-67; Ord. No. NS-1235, § 42, 12-9-74; Ord. No. NS-2300, § 4, 9-3-96) Sec. 16-53. - Same —Service. The city public works director shall serve by registered or certified mail, return receipt requested, postage prepaid, a copy of said abatement order forthwith upon those persons who have filed written statements of objections. The abatement order shall specify that unless the nuisance is removed and abated within seven (7) days from the date of mailing, said officer will abate the same and will, if necessary, enter upon or into the private property of said person without further notice or liability therefor in order to abate said nuisance. 75B-72 5ANTA ANA MUNICIPAL CODE (Code 1952, § 3842.4; Ord. No. NS-880, § 1, 6-5-67; Ord. No. NS-2300, § 5, 9-3-96) Sec. 16-54. - Abatement action by city. The city public works director may cause the city's nuisance abatement work force or contractor to enter upon any private property and abate any nuisance found thereon, or in front thereof, provided ten (10) days notice to abate such nuisance shall have been posted or mailed as required by this article, the time allowed by such notice shall have expired, and no person shall have filed a written statement of objections as herein provided within ten (10) days after posting or mailing; in the event objections shall have been duly filed, and overruled by the city council, the city public works director may cause the city's nuisance abatement work force or contractor to enter upon any such private property and, in accordance with the order of the city, abate the nuisance found thereon, or in front thereof. 4 (Code 1952, § 3842.6; Ord. No, NS-880, § 1, 6-5-67; Ord. No. NS-1235, § 43, 12-9-74; Ord. No. NS-2300, § 6, 9-3-96) Sec. 16-55. - Cost of abatement. (a) The city public works director shall keep a separate account of the cost of abatement in front of or on each individual lot or parcel of land where abatement work is done. He shall submit to the city manager for confirmation an itemized written report showing such cost. A copy of the report shall be posted for at least three (3) days prior to its submission to the city council on or near the council chamber door with a notice of the time of submission. At the time fixed for receiving and considering the report, the city council may hear the matter or refer it to the hearing officer under the provisions of Chapter 3 of this Code. (b) The city council may, by resolution, establish a standard administrative fee for parcels requiring nuisance abatement work by the city's nuisance abatement work force or contractor. Such fee shall be in addition to the direct cost of the abatement work and shall be in an amount reasonably determined to cover such costs as posting, inspection, contractor supervision, and the like, (c) The city council may, by resolution, also establish a standard charge for additional administrative costs for parcels requiring more than one (1) notice of abatement in any twelve-month period. (Code 1952, § 3842.7; Ord. No. NS-880, § 1, 6-5-67; Ord. No. NS-1235, § 44,12-9-74; Ord. No. NS-2300, § 7, 9-3-96) State Law reference-- For authority to abate nuisances, see § 38773, Gov. Code. Sec. 16-56. - Receiving, receipting and billing for cost to city. The city finance director shall receive the amount due on the abatement cost and shall issue receipts at any time after the confirmation of the report. The city finance director may bill the owner of record directly at any time he shall desire. (Code 1952, § 3842.10; Ord. No. NS-880, § 1, 6-5-67; Ord. No. NS-2300, § 8, 9-3-96) Sec. 16-57. - Special assessments —Lien. The cost of abatement in front of or upon each lot or parcel of land constitutes a special assessment against that lot or parcel. After the assessment is made and confirmed, it Is a lien on the lot or parcel. 75B-73 SANTA ANA MUNICIPAL CODE (Code 1952, § 3842.8; Ord. No. NS-880, § 1, 6-5-67) Sec. 16.58. - Same —Collection procedure. After confirmation of a report, a certified copy of the same shall be filed with the county auditor on or before August 10th of each year. The descriptions of the parcels reported shall be those used for the same parcels on the county assessor's man book for the current year. The county auditor shall enter each assessment on the county tax roll opposite the parcel of land. The amount of the assessment shall be collected at the time and in the manner of ordinary municipal taxes. If delinquent, the amount is subject to the same penalties and procedures of foreclosure and sale provided for ordinary municipal taxes. As an alternative method, the county tax collector, in his discretion, may collect the assessments without reference to the general taxes, by issuing separate bills and receipts for the assessments. Laws relating to the levy, collection, and enforcement of county taxes shall apply to such special assessment taxes. (Code 1952, § 3842.9; Ord. No. NS-880, § 1, 6-5-67) Sec. 16-59. - Same —Correction of error. (a) Any assessment erroneously made may be cancelled or reduced so as to correct any error, and the tax paid on account thereof, not including any penalties or interest, may be refunded to the person who paid the same, in accordance with the following procedure: (1) A claim of error may be filed with the clerk of the council at any time before the expiration of one year following April 10th of the tax year in which such assessment appears or would first appear on the tax bill for the affected property. Such claim shall be in writing, in such form and detail as shall be required by the clerk of the council, and shall be verified; (2) Any claim filed shall be forwarded to the city public works director for review and report to the city finance director. If the city public works director shall determine that such assessment was erroneously made, in whole or in part, the city finance director shall request the county board of supervisors to direct the county auditor -controller to correct the tax rolls as to the affected property by removing or reducing the erroneous assessment, and the direction of the city finance director shall be authority for the auditor -controller so to correct the tax rolls. If such assessment shall have been paid, the part determined to be erroneously levied shall be refunded to the person who paid the same, by the city finance director. In lieu of proof otherwise, the city finance director may presume that the persons to whom the abatement cost was assessed were the persons who paid the same; (3) Any claimant whose claim is not favorably acted upon in whole or in part within sixty (60) days after the filing of the same, or whose claim is denied, in whole or in part in writing, by the city finance director, may, within ten (10) days after such denial or after the expiration of such period, appeal such denial or failure to act favorably to the city council pursuant to Chapter 3 of the Santa Ana Municipal Code; (4) If the city council shall find the disputed assessment to be erroneous in whole or in part it may direct the city finance director to correct the assessment accordingly, to cause the tax rolls to be corrected, and to make a refund of any portion of the assessment paid, all in the manner as hereinabove provided for such corrections and refunds; (5) Not later than thirty (30) days after the correction of any assessment or refund of any monies hereinunder, except by direction of the city council, the city finance director shall transmit to the city council a report of such action, together with the report of the city public works director. (b) Whenever the tax rolls have been corrected or a refund has been made hereunder by reason of an erroneous assessment, a corrected written report of the type required by section 16-55, relating to the work for which such erroneous assessment was levied, may be prepared by the officer who 75B-74 SANTA ANA MUNICIPAL CODE prepared the original report. Such report shall show the cost of abatement in front of or on the parcel or lot where the work has been done and shall state that It is proposed to assess such cost against such lot or parcel. A copy of such corrected report shall be mailed to the owner of said lot or parcel as shown upon the current assessment roll. In all other respects, sections 16-66 through 15-58 shall apply to such corrected assessments, except that the time for doing all things herein specified shall relate from the date of confirmation of the corrected assessment. (Code 1952, § 3842.11; Ord. No. NS-880, § 1, 6-5-67; Ord. No. NS-1235, § 2, 12-9-74; Ord. No. NS-2300, § 9, 9-3-96) Sec. 16-60. -Violation a public nuisance; remedies. Violation of this article is declared to be a public nuisance which may be abated as provided in part 3 of division 4 of the civil code of the state and in chapter 2 of title X of part 2 of the code of civil procedure of the state, which remedy shall be in addition to any other remedy provided in this article or by state taw, Including section 372 of the penal code of the state. (Code 1952, § 3843; Ord. No. NS-880, § 1, 6-5-67; Ord. No. NS-2300, § 10, 9-3-96) Secs. 16-61-16-109. - Reserved. 75B-75