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HomeMy WebLinkAboutItem 28 - Code Enforcement Abatement Action Planning and Building Agency www.santa-ana.org/pb Item # 28 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report November 16, 2021 TOPIC: Code Enforcement Abatement Action AGENDA TITLE: Public Hearing - Recovery cost and Expenditures in an Amount of $39,604.19 Incurred by the City for Weed, Rubbish, and Garbage Abatement Within Private Property Located at 837 N. Ross Street Centro Cultural De Mexico en el Condado de Orange RECOMMENDED ACTION Adopt a resolution affirming the acceptance of the Weed, Rubbish, and Garbage Abatement report and confirm the Code Enforcement Division description for the recovery of the costs in an amount of $39,604.19, associated with the execution of the Inspection and Abatement Warrant on May 13, 2021, at 837 N. Ross Street, owned by Centro Cultural de Mexico en el Condado de Orange. DISCUSSION Santa Ana Municipal Code (SAMC) Section 16-48 prohibits the presence of weeds, rubbish, and garbage, among other items accumulated upon or in front of a property. Furthermore, SAMC 41-190 (a) prohibits any building or land to be used for any purpose other than that which is permitted in the district or modified district in which such building or land is located. Properties with these types of code violations create a negative impact and can be dangerous and injurious to neighboring properties and the health and welfare of residents in the community. In accordance with Santa Ana Municipal Code Section 16-49 and 16-50, when unsightly or unsafe conditions are identified, City staff provides notices requiring abatement of such conditions. As permitted by SAMC 16-49(b) and SAMC 1-8, a formal notice may also be mailed to provide similar notice that immediate action must be taken to abate the public nuisances. Ultimately, the property owner is responsible for ensuring the general property maintenance of the property and compliance with all the provisions of the Santa Ana Municipal Code. If the issue is not addressed by the prescribed date indicated in the notice(s), the City has the ability to take action to perform the abatement work through its own City staff and/or contractor. Between April 22, 2020 and April 20, 2021, the City of Santa Ana received 179 complaints regarding 837 N. Ross Street concerning the accumulation of trash, debris, and general Code Enforcement Abatement Action November 16, 2021 Page 2 2 2 3 8 lack of property maintenance along with the improper land use violation associated with the property owner consenting an unpermitted encampment on the premises. As part of the enforcement effort, the Code Enforcement Division issued a warning notice on May 7, 2020, to the property owner regarding violations of SAMC sections 16-48 (noxious growth, rubbish, garbage prohibited) and 41-190(a) (Use not permitted) relating to the unpermitted encampments on the premises parking lots and creating an increasingly negative and unsafe, unhealthy environment for the surrounding properties and residents. As part of the continuing enforcement efforts, the Code Enforcement Division issued additional Administrative Citation fines on December 2, 2020 ($100); December 7, 2020 ($200); December 14, 2020 ($500); and January 4, 2021 ($1000). Each time the Administrative Citation fines was mailed via certified and regular mailed as prescribed by the municipal code and ensuring due process. This method further ensures the property owner is aware of the violations and required corrections of the City codes. Notwithstanding the Code Enforcement Division’s enforcement actions and in an effort to assist the property owner obtain compliance, the City reached an agreement with the 837 N. Ross property owner to suspend additional issuance of fines and allow an extended period to comply. As part of the agreement, the City also provided additional services that included but were not limited to hosting two outreach events at the premises, provide mental health and shelter assistance as well as portable restrooms and wash stations to assist the encampment occupants. Unfortunately, despite the mutual agreement, the property owner was unable to abate the violations and bring the property into compliance in the prescribed and accorded dateline. As such, the Code Enforcement Division, through the City Attorney’s Office, requested and obtained an Inspection and Abatement Warrant to abate all outstanding violations from the Orange County Superior Court. The inspection abatement warrant allowed the abatement of the nuisance conditions at the exterior of the property by thoroughly cleaning the area, removing all garbage, trash, and debris in order to render the area safe. On May 13, 2021, in collaboration with the City’s Quality of Life Team and participation of the Public Works Agency, Santa Ana Police Department, Community Development Agency, Parks and Recreation Services; the Inspection and Abatement Warrant was executed at 837 N. Ross Street. Pursuant to the Santa Ana Municipal Code authority outlined in sections 16-55 and 16- 56, the Code Enforcement Division hereby provides a summary of the costs associated with the execution of the one Inspection and Abatement warrant totaling $39,604.19, which includes City staff time and City equipment. The adoption of the attached resolution will enable the city to invoice and pursue collection of costs and expenditures incurred by the city associated with the abatement efforts. Code Enforcement Abatement Action November 16, 2021 Page 3 2 2 3 8 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT All Administrative Staff recovered costs will be recorded in Miscellaneous Recoveries Account (No. 01116002-57010). Fiscal Year Accounting Unit – Account # Fund Description Account Unit, Account Description Amount FY 2021-22 01116002- 57010 General Fund Planning & Building Agency- Administration - Miscellaneous Recoveries $39,604.19 EXHIBIT(S) 1. Resolution 2. Inspection and Abatement Warrant Costs Submitted By: Minh Thai, Executive Director, Planning and Building Agency Approved By: Kristine Ridge, City Manager ` Resolution No. 2021-XXX Page 1 of 3 RESOLUTION NO. 2021-XXX 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 PRIVATE PROPERTY LOCATED AT 837 NORTH ROSS STREET, AND MAKING, CONFIRMING, AND LEVYING ASSESSMENTS FOR SUCH COSTS WHEREAS, in accordance with Santa Ana Municipal Code Sections 16-49 and 16-50, when unsightly or unsafe conditions of rubbish, garbage, or noxious growths are identified, the City provides notices to the respective property owners requiring abatement of such conditions; and WHEREAS, if the property is not cleaned by the prescribed date in the notices, the City may take action to perform abatement work through its own staff and/or a contractor and recover the costs of such abatement; and WHEREAS, between April 22, 2020 and April 20, 2021, the City received 179 complaints regarding 837 N. Ross Street concerning the accumulation of trash, debris, and general lack of property maintenance along with an improper land use violation associated with the property owner’s consent of unpermitted encampments on the premises; and WHEREAS, the property at 837 N. Ross Street is owned by Centro Cultural de Mexico en el Condado de Orange; and WHEREAS, the Code Enforcement Division issued a warning notice on May 7, 2020 to the property owner for violations of SAMC sections 16-48 (noxious growths, rubbish, garbage prohibited) and 41-190(a) (nonpermitted use of land and building); and WHEREAS, the Code Enforcement Division thereafter issued Administrative Citation fines on December 2, 2020, December 7, 2020, December 14, 2020, and January 4, 2021; and WHEREAS, despite an initial agreement to stay further enforcement actions and other City measures to assist the property owner with compliance, it became necessary for the City to obtain an inspection and abatement warrant from the Orange County Superior Court to permit the City to abate the nuisance conditions at the exterior of the property, specifically to clean the area and remove all garbage, trash, and debris in order to render the area safe; and WHEREAS, on May 13, 2021, in collaboration with the City’s Quality of Life Team and participation of the Public Works Agency, Santa Ana Police Department, Community Development Agency, and Parks and Recreation Services, the City executed the above warrant at 837 N. Ross Street; and EXHIBIT 1 ` Resolution No. 2021-XXX Page 2 of 3 WHEREAS, pursuant to the Santa Ana Municipal Code authority outlined in sections 16-55 and 16-56, the Code Enforcement Division has provided an itemized written report of costs associated with the execution of the Inspection and Abatement warrant totaling $39,604.19, a copy of which is attached as Exhibit A; and WHEREAS, notice was given that on November 16, 2021, at 5:45 p.m. or as soon as possible thereafter, in the Santa Ana City Council Chambers, 22 Civic Center Plaza, Santa Ana, California, a public hearing would be held by the City Council to consider the report, at which any and all persons interested in such report would be heard; and WHEREAS, the City Council, at the time and place set for hearing, received, heard, and considered the report and all objections thereto submitted by property owners liable to be assessed for the abatement, and directed any modification of the report as it deemed necessary; and WHEREAS, the adoption of this Resolution will enable the city to properly invoice and pursue collection of costs and expenditures incurred by the City associated with the above abatement efforts. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows: Section 1. The itemized written report of costs associated with the execution of the inspection and abatement warrant at 837 N. Ross Street, a copy of which is attached as Exhibit A, is hereby confirmed. Section 2. These costs shall be made and assessed against the property and shall be collected from the owner of the property. In accordance with Santa Ana Municipal Code sections 16-57 and 16-58, these costs shall constitute a lien on the property until paid, and a copy of the report shall be filed with the Orange County Auditor-Controller. Section 3. 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 _____ day of ____________, 2021. ________________________________ Vicente Sarmiento Mayor ` Resolution No. 2021-XXX Page 3 of 3 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: John M. Funk Sr. Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers _ CERTIFICATION OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2021-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on _______________. Date: ______________________ ________________________________ Clerk of the Council City of Santa Ana Date Department Employee Title Regular Wage Regular Hours Overtime Wage Overtime Hours Total Department Total 5/13/2021 PWA Luzanna Guillen Street Maintenance Supervisor 38.57$ 7 269.99$ 5/13/2021 PWA Octavio Montes Public Works Crew Leader 33.14$ 7 231.98$ 5/13/2021 PWA Juan Ixta Public Works Crew Leader 34.74$ 7 243.18$ 5/13/2021 PWA Keith Knudsen Maintenance Worker I 23.39$ 7 163.73$ 5/13/2021 PWA Mario Moreno Maintenance Worker I 23.39$ 7 163.73$ 5/13/2021 PWA Elizabeth Rubio PW Projects Specialist 44.69$ 7 312.83$ 5/13/2021 PWA Arturo Rodriguez Asst. PW Maintenance Mgr 58.11$ 7 406.77$ 5/13/2021 PWA Pedro Guillen Deputy PW Director/Maint Svcs 84.68$ 7 592.76$ 5/13/2021 PWA Landscape West Contractor (4 teams of 2 = Quantity 8 31.55$ 7 1,766.80$ 5/13/2021 PWA Truck Quantity 3 4.07$ 7 85.46$ 5/13/2021 PWA Dump Truck Quantity 1 5.03$ 7 35.22$ 5/13/2021 PWA Backhoe Quantity 1 4.76$ 7 33.32$ 5/13/2021 PWA Loader Quantity 1 3.28$ 7 22.98$ 4,328.75$ 5/7/2021 CMO Steven Mendoza Assistant City Manager 146.06$ 2 292.12$ 5/11/2021 CMO Steven Mendoza Assistant City Manager 146.06$ 2 292.12$ 5/13/2021 CMO Steven Mendoza Assistant City Manager 146.06$ 3 438.18$ 1,022.42$ 5/7/2021 CDA Terri Eggers Homeless Services Manager 71.79$ 2 143.58$ 5/11/2021 CDA Terri Eggers Homeless Services Manager 71.79$ 2 143.58$ 5/13/2021 CDA Terri Eggers Homeless Services Manager 71.79$ 6 430.74$ 717.90$ 5/13/2021 City Net BATES, MATTHEW 24.50$ 1 24.50$ 5/13/2021 City Net BEESON, NICHOLAS 24.50$ 8 36.75$ 0.08 198.94$ 5/13/2021 City Net BELTRAN, CONCEPCION 24.50$ 8 36.75$ 0.08 198.94$ 5/13/2021 City Net GRANT, ELIZABETH 24.50$ 8 196.00$ 5/13/2021 City Net GUTIERREZ VERDEJO, MINERVA 24.50$ 8 36.75$ 0.07 198.57$ 5/13/2021 City Net HURTADO, AIMEE 24.50$ 8 36.75$ 0.08 198.94$ 5/13/2021 City Net ILER, ALISANN 24.50$ 1 24.50$ 5/13/2021 City Net LITTLEJOHN, ROSALINDA 24.50$ 1.5 36.75$ 5/13/2021 City Net MENDEZ CLARA, GUILLERMO 24.50$ 8 196.00$ 5/13/2021 City Net MOFFA, DANIELLE 24.50$ 8 196.00$ 5/13/2021 City Net SANTIAGO, ADAM 24.50$ 8 196.00$ 1,665.14$ 5/13/2021 SAPD Sgt. Juan Montiel #2569 Seargent 127.06$ 6.5 825.89$ 5/13/2021 SAPD Cpl. Cassandra Hawkins Corporal 90.21$ 6.5 586.37$ 5/13/2021 SAPD Ofc. Amanda Brown #3423 Officer 86.41$ 6.5 561.67$ 5/13/2021 SAPD Ofc. Erick O’Rourke #3537 Officer 86.46$ 6.5 561.99$ 5/13/2021 SAPD Ofc. Jesse Smith #3658 Officer 69.90$ 6.5 454.35$ 5/13/2021 SAPD Ofc. Nickolas Cavendish #3664 Officer 76.57$ 6.5 497.71$ 5/13/2021 SAPD Ofc. Steven Stuczynski #3371 Officer 79.30$ 6.5 515.45$ 5/13/2021 SAPD Ofc. Joshua Coleman #3489 Officer 76.12$ 6.5 494.78$ 5/13/2021 SAPD Ofc. Ryan Bell #3517 Officer 83.15$ 6.5 540.48$ 5/13/2021 SAPD Ofc. Michael Smith #3456 Officer 86.55$ 6.5 562.58$ 5/13/2021 SAPD Ofc. James Babinski #3515 Officer 86.53$ 6.5 562.45$ 5/13/2021 SAPD Ofc. Axel Calles #3388 Officer 86.96$ 6.5 565.24$ 6,728.93$ 5/7/2020 PBA Jerry Navarro Code Enforcement Officer 44.69$ 2 89.38$ 5/18/2020 PBA Jerry Navarro Code Enforcement Officer 44.69$ 1.5 67.04$ 8/13/2020 PBA Jerry Navarro Code Enforcement Officer 44.69$ 2 89.38$ 12/2/2020 PBA Jerry Navarro Code Enforcement Officer 44.69$ 1 44.69$ 12/14/2020 PBA Jerry Navarro Code Enforcement Officer 44.69$ 2 89.38$ INSPECTION AND ABATEMENT WARRANT COSTS (837 N. Ross Street) EXHIBIT 2 12/29/2020 PBA Jerry Navarro Code Enforcement Officer 44.69$ 1.5 67.04$ 1/3/2021 PBA Jerry Navarro Code Enforcement Officer 44.69$ 0.5 22.35$ 1/4/2021 PBA Jerry Navarro Code Enforcement Officer 44.69$ 0.5 22.35$ 2/24/2021 PBA Jerry Navarro Code Enforcement Officer 44.69$ 1 44.69$ 3/1/2021 PBA Jerry Navarro Code Enforcement Officer 44.69$ 2 89.38$ 3/9/2021 PBA Jerry Navarro Code Enforcement Officer 44.69$ 3 134.07$ 3/18/2021 PBA Jerry Navarro Code Enforcement Officer 44.69$ 1 44.69$ 4/5/2021 PBA Jerry Navarro Code Enforcement Officer 44.69$ 4 178.76$ 4/23/2021 PBA Jerry Navarro Code Enforcement Officer 44.69$ 2 89.38$ 4/26/2021 PBA Jerry Navarro Code Enforcement Officer 44.69$ 1 44.69$ 5/3/2021 PBA Jerry Navarro Code Enforcement Officer 44.69$ 1 44.69$ 5/7/2021 PBA Jerry Navarro Code Enforcement Officer 44.69$ 1 44.69$ 5/13/2021 PBA Jerry Navarro Code Enforcement Officer 44.69$ 9 402.21$ 5/13/2021 PBA Cesar Jimenez Code Enforcement Officer 44.69$ 9 402.21$ 2,011.05$ 5/13/2021 CAO Jose Montoya Deputy City Attorney 225.00$ 102.8 23,130.00$ 23,130.00$ TOTAL 39,604.19$ PUBLIC HEARING –RECOVERY OF COSTS AND EXPENDITURES INCUMBERED BY THE CITY FOR WEED, RUBBISH, AND GARBAGE ABATEMENT ACTION WITHIN PRIVATE PROERTY LOCATED AT 837 N. ROSS STREET November 16, 2021 RECOMMENDED ACTION 2 Adopt a resolution affirming the acceptance of the Weed, Rubbish, and Garbage A batement R eport and confirm the Code Enforcement Division description for the recovery of costs associated with the execution of the Inspection and Abatement Warrant at 837 N. Ross Street in the amount of $39,604.19. 3 The City of Santa Ana operates a year-round program to maintain private properties free of weeds,rubbish,and garbage,pursuant to Chapter 16 ,Article III of the Santa Ana Municipal Code (SAMC). Accumulation of trash,debris and the general lack of property maintenance at 837 N.Ross Street has became increasingly noticeable to the community and was negatively impacting the health and welfare of the surrounding residents and community. The City of Santa Ana received 179 complaints between April 22,2020 and April 20,2021 regarding unpermitted encampments and concerns associated with health and safety,rubbish,garbage,and sanitation violations. The City of Santa Ana provided assistance to the property owner in an effort to gain SAMC compliance.This included but not limited to the hosting of two outreach events at the premises,provided portable restrooms and wash stations, as well as mental health and shelter assistance to the encampment occupants. JUSTIFICATION 4 Unfortunately,despite city assistance,the property owner was unable to abate the violations and bring the property into compliance. The lack of compliance required the Code Enforcement Division,through the City Attorney’s Office,seek and obtain Inspection and Abatement warrants from the Orange County Superior Court to abate private property maintenance issues within 837 N.Ross Street. On May 7th 2021 ,the Code Enforcement Division properly posted a copy of the Inspection and Abatement Warrant and advised the property owner,to clean their premises;ensuring proper notice and due process. On May 13,2021 ,in collaboration with the City’s Quality of Life Team and participation of the Public Works Agency,City Attorney’s Office,Santa Ana Police Department,Community Development Agency,the Parks and Recreation Services and City Net counseling services;the Code Enforcement Division executed the Inspection and Abatement Warrant at 837 N.Ross Street. JUSTIFICATION 5 WARRANT POSTING May 7 th 2021, posting of signed warrant permitting the Inspection and Abatement Action. Front Elevation/Door. May 7 th 2021, posting of signed warrant permitting the Inspection and Abatement Action. Front elevation, parking lot. 6 TRASH AND DEBRIS May 13 th 2021, execution of Inspection and Abatement Action 7 Trash and Debris May 13 th 2021, execution of Inspection and Abatement Action 8 CITY ASSISTANCE AND CLEAN-UP WORK May 13 th 2021, execution of Inspection and Abatement Action 9 COMPLETION OF CLEAN-UP EFFORT May 13 th 2021, execution of Inspection and Abatement Action 10 Summary of the costs associated with the execution of the Inspection and Abatement Warrant total is $39,604.19. This includes City staff time,city equipment and contractor services expenditures. The adoption of the resolution allows City of Santa Ana to properly invoice and pursue collection of costs and expenditures incurred by the city associated with the abatement efforts. Through the City Clerk’s Office,837 N.Ross property owners were advised of the public hearing on November 5th,2021 .In addition,through the City Attorney’s Office,the property owner’s legal counsel was advised of the public hearing and provided a link to the City’s website regarding the staff report and exhibits on November 10th ,2021 . SUMMARY 11 Since October 1st,2021 ,the City has received an additional 28 complaints regarding unpermitted encampments and concerns associated with health and safety,rubbish,garbage,and sanitation violations at 837 N.Ross Street. RECENT ACTIVITIES November 4th, 2021 November 9th, 2021 12 Since October 1st,2021 ,the City has received an additional 28 complaints regarding unpermitted encampments and concerns associated with health and safety,rubbish,garbage,and sanitation violations at 837 N.Ross Street. RECENT ACTIVITIES Photos taken this morning, November 16th, 2021 13 Since October 1st,2021 ,the City has received an additional 28 complaints regarding unpermitted encampments and concerns associated with health and safety,rubbish,garbage,and sanitation violations at 837 N.Ross Street. RECENT ACTIVITIES Photos taken this morning, November 16th, 2021 75A 14 Questions ?