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HomeMy WebLinkAboutItem 29 - Authorization to file and prosecute receivership petitions and nuisance abatement against owners of props. in SA Planning and Building Agency www.santa-ana.org/departments/planning-and-building/ Item # 29 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 20, 2022 TOPIC: Authorization to file and prosecute receivership petitions and nuisance abatement actions against owners of real properties located in the City of Santa Ana. AGENDA TITLE: The Planning and Building Agency/Code Enforcement and City Attorney’s Office are Seeking Authorization to File Receivership Petitions and Prosecute Nuisance Abatement Actions against Owners of Real Properties Located in the City of Santa Ana RECOMMENDED ACTION Authorize the filing and prosecution of receivership petitions against owners of the following properties based on nuisance conditions resulting from health and safety violations of the Santa Ana Municipal Code (SAMC): •2405 S Maple Street, Santa Ana, CA 92707 •1615 N Broadway, Santa Ana, CA 92706 •1001 Freeman Street, Santa Ana, CA 92703 •1502 N Flower Street, Santa Ana, CA 92706 •1516 N Flower Street, Santa Ana, CA 92706 •1522 N Flower Street, Santa Ana, CA 92706 •1114 W Berkeley Street, Santa Ana, CA 92707 •1027 N Logan Street, Santa Ana, CA 92701 •1655-1659 E First Street, Santa Ana, CA 92701 DISCUSSION The City of Santa Ana ("City") has successfully resolved numerous difficult code enforcement matters through the use of civil litigation. Specifically, the City has brought receivership actions pursuant to the California Health and Safety Code and nuisance abatement actions pursuant to the California Code of Civil Procedure and the California Civil Code. Authorization to File and Prosecute Receivership Actions Against Owners of Real Properties Located in the City of Santa Ana December 20, 2022 Page 2 3 1 3 6 Health and Safety Code Receiverships California Health and Safety Code section 17980.7 allows a city to seek the appointment of a receiver over a substandard property that has been previously cited for violations that go unabated that pose health and safety risks. Use of the Receivership process is one of the last code enforcement options used to mitigate substandard conditions of a property. Properties evaluated for the receivership process have nuisance conditions that are extensive and of such a nature, that the health and safety of the residents and the public are substantially endangered; and are maintained in violation of the SAMC and state Health and Safety codes. More importantly, the property owner/s have not complied and have ignored the City’s order to abate the substandard and dangerous conditions. The powers granted to a receiver are broad. The receiver may: (1) take full and complete control of the property; (2) manage the property and pay expenses of the operation of the property; (3) secure a cost estimate and construction plan from a licensed contractor for the repairs necessary to correct the substandard conditions; (4) enter into contracts and employ a licensed contractor as necessary to correct substandard conditions; (5) borrow funds to pay for repairs necessary to correct substandard conditions; and (6) secure debt, with Court approval, with a recorded first lien on the property, first in priority to all other liens. The use of the receivership option is a dramatic, immediate and comprehensive process that eliminates slum conditions or habitually substandard properties at no expense to the referring agency when it is the prevailing party. This process also communicates to the public that the City is actively protecting resident and tenants from dangerous conditions created by absentee and recalcitrant property owners. Civil Nuisance Abatement Lawsuit In order to protect its residents, the City may abate a public nuisance by filing a civil nuisance action for violations of the Santa Ana Municipal Code and/or conditions which are offensive or annoying to the senses, detrimental to property values and community appearance, or injurious to the health, safety or welfare of the general public in such ways as to be a nuisance, (California Code of Civil Procedure sections 731; California Civil Code sections 34 79 and 3480.). Civil Code section 3480 further explains, "A public nuisance is one which affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal." Through the civil nuisance abatement procedure, the City may seek temporary and permanent injunctions to prevent the property from continuing to operate or exist as a public nuisance. If the City prevails, it may seek recovery of attorney's fees and costs. Authorization to File and Prosecute Receivership Actions Against Owners of Real Properties Located in the City of Santa Ana December 20, 2022 Page 3 3 1 3 6 The Code Enforcement Division has identified the listed properties as candidates for receivership actions based on the severity of violations or length of non-compliance. Photos of the listed properties and enforcement history are attached in Exhibit 1. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action EXHIBIT(S) 1. Photos of listed properties and enforcement history Submitted By: Minh Thai, Executive Director – Planning and Building Agency Approved By: Kristine Ridge, City Manager PUBLIC NUISANCE ABATEMENT AND RECEIVERSHIP PROPERTIES FACT SHEET Planning and Building Agency/Code Enforcement Division City Attorney’s Office Date: December 20, 2022 Receivership Recommendation 2405 S. Maple St. (Residential) Owner:Carl A.Hallgren (Incarcerated)Trustee of the Trust of Carl A.Hallgren Statement of Conditions:Substandard and Hazardous Safety Conditions Violations:Vacant,unsecured and dangerous structure.The garage is fire damaged,severely dilapidated and deteriorated.The rear structures is plagued with graffiti which has created a public nuisance for nearby neighbors.An unpermitted room was built on the north side of the garage illegally without city approvals.Excessive accumulation of trash and debris,signs of illegal dumping has created severe rodent infestation. Note: The property is secured but abandoned. The property owner has not been responsive and/or is unavailable to address and correct violations. Receivership Recommendation 1615 N. Broadway (Commercial) Owner:Loan Rate Corporation Statement of Conditions:Substandard Hazardous and Safety Conditions Violations:Historic property with severe dilapidation to the roof,water intrusion to the interior of the building,damage to plaster and drywall of walls and ceilings.Electrical outlets throughout the home are damaged with exposed wires creating a dangerous and life safety condition.Broken and boarded-up windows limiting and preventing emergency egress.Santa Ana PD has received over 70 calls for service since 2019 ranging from battery,disturbing the peace,mentally disturbed subject,to assault with a deadly weapon. Note:On-going enforcement history for over 5 years with limited and/or minimal improvements.A total of $11,700.00 in fines have been issued to the property owner. Receivership Recommendation 1001 N. Freeman St. (Residential) Owner(s):Mary Alcala Mitchell &Michael N.Mitchell Statement of Conditions:Substandard Hazardous and Safety Conditions Violations:Severely deteriorated roof covering,overgrown trees and shrubs in the front and rear yard,peeling paint on exterior surfaces of the house and garage,inoperative vehicles parked on the driveway and accumulation of dead organic matter &debris in the rear yard causing rodent infestation.These conditions constitute fire,health and safety hazards creating a public nuisance. Note: Repeated calls for Code Enforcement action with property owner completing minimal and/or not action to address the property maintenance and substandard condition of the dwelling. Most recently $2,800 in fines have been issued to the property owner in an attempt to gain compliance. Receivership Recommendation 1502 N. Flower (Residential) Owner: Mary Alcala Mitchell and Michael Mitchell Statement of Conditions: Substandard Health and Safety Conditions. Violations:This Historic G.W.Ross house residential dwelling currently has several broken and boarded up windows,preventing fire escape egress,peeling paint throughout the exterior of the property,dilapidated perimeter fence,unpermitted porch storage and lack of landscape maintenance. Note:Repeated calls for Code Enforcement action with property owner completing minimal and/or not action to address the property maintenance and substandard condition of the dwelling. Receivership Recommendation 1516 N. Flower St. (Residential) Owner(s):Mary Alcala Mitchell &Michael N.Mitchell Statement of Conditions:Substandard Health and Safety Conditions Violations:Severely deteriorated roof,areas of roof covered with tarps,peeling paint on exterior wood surfaces,lack of landscaping and vehicles parked on the front yard. Note: Repeated calls for Code Enforcement action with property owner completing minimal and/or not action to address the property maintenance and substandard condition of the dwelling. Most recently $2,800 in fines have been issued to the property owner in an attempt to gain compliance. Receivership Recommendation 1522 N. Flower St. (Residential) Owner(s):Mary Alcala Mitchell &Michael N.Mitchell Statement of Conditions:Health and Safety Code Violations. Violations:Severely deteriorated roof with some areas covered with tarps,peeling paint on exterior wood surfaces,lack of landscaping and vehicles parked on the front yard. Note: Repeated calls for Code Enforcement action with property owner completing minimal and/or not action to address the property maintenance and substandard condition of the dwelling. Most recently $2,800 in fines have been issued to the property owner in an attempt to gain compliance. Receivership Recommendation 1114 W. Berkeley (Residential) Owner:Saul V.Amaro Mary L.Amaro Statement of Conditions:Substandard Health and Safety Conditions. Violations:Property owner/s noted on grant deeds are deceased and property is occupied by a relative living.The dwelling has excessive amount of junk,filth,cobwebs,stains,dust,trash,and debris throughout the interior and exterior of the dwelling.This includes all hallways,floors,ceilings,bedrooms,bathrooms,bedrooms and garage.There is illegal and unapproved construction on site without permits(Illegal patio). Notes:Tenant living in a hoarding type of environment unfit for human occupancy,lack of heat and is in lack of compliance.Orange County Adult Protective Services were contacted and have been at the property with Code Enforcement. Receivership Recommendation 1027 N. Logan (M2 District) Owner: Landware LLC (Agent of Service Judith Helaine Ware) Statement of Conditions: Land Use and Zoning Violations Violations:The property is adjacent to residential homes. The property is being used as a storage yard containing big rigs trailers, metal storage containers, off-site parking, stores automobiles and recycle roll-off containers. The property does not comply with current municipal code requirements associated with a lack of business license, unpermitted fence, land use operational parameters and landscape requirements. Note: On-going concern for Logan Neighborhood residents with property owner not responsive to comply with City municipal code. Property owner has been issued over $54,200.00 in fines which have not been paid and have been forwarded to outside collection agency by the Finance Agency. Receivership Recommendation 1655-1659 E. First St. (Commercial) •photos Owner(s):1661 First Street Inc. Statement of Conditions:Occupancy and Substandard Health and Safety,Land Use and Zoning Violations Violations:Two structures --severe dilapidation and compromised stairways, walkways, decks, walls and roof. Water damaged and dilapidated siding, trim, fascia boards, porches and balconies. Lack of permits for substandard repairs done to stairways and walkways. Prohibited use of a transient hotel. Lack of landscaping. Unsanitary conditions, trash and debris. Homeless loitering and drug use on the property. Notes:On-going Code Enforcement action and Police calls for service regarding lack of property maintenance,severely dilapidated stairs,unpermitted work and numerous police calls for narcotic activity,disturbance,transients and battery.