HomeMy WebLinkAbout19E - RECEIVERSHIP - 1221 N HARBOR AND 335 E ADAMSREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
OCTOBER 7, 2014
TITLE:
AUTHORIZATION TO FILE RECEIVERSHIP
ACTIONS AGAINST OWNERS OF REAL
PROPERTIES LOCATED AT 1221 N.
HARBOR AND 335 E. ADAMS, SANTA ANA
{STRATEGIC PLAN NO. 3,3)
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CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
❑ As Recommended
❑ As Amended
❑ Ordinance on 1s` Reading
❑ Ordinance on 2ntl Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO 10/21/2014
Meeting not convened on 10/7/2014
FILE NUMBER due to unforeseen circumstances
Authorize the City Attorney to engage special legal counsel, Silver and Wright, to file receivership
actions against owners of the real properties located at 1221 N. Harbor and 335 E. Adams in the
City of Santa Ana.
DISCUSSION
The City has recently used the California Health and Safety Code Receivership option to
successfully resolve difficult code enforcement matters in both commercial and residential areas.
Receivership is a legal process through which control of a piece of real property is temporarily taken
from the owners and placed with a court- appointed officer: the Receiver. These receiverships are
used primarily for abandoned and substandard properties where the owner has a history of
noncompliance with a city's code enforcement efforts or in emergency situations where real
property presents an immediate threat to health and safety.
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 residents and tenants from dangerous conditions created by absentee or
recalcitrant property owners.
Attached are fact sheets concerning the real properties at 1221 N. Harbor and 335 E. Adams.
Community Preservation has identified both of these properties as candidates for receivership
actions.
19E -1
Authorization to File Receivership Actions
Against Owners of Real Properties Located at
1221 N. Harbor and 335 E. Adams
October 7, 2014
Page 2
STRATEGIC PLAN ALIGNMENT
Approval of this item allows the City to meet Goal #3, Economic Development, Objective 3.
Promote a solutions -based customer focus in all efforts to facilitate development and investment in
the community.
FISCAL IMPACT
The receiver laws provide for the full recovery of legal fees and the value of staff time. As a result
of the success of the initial receivership, the City created a Receivership Fund Account (account no.
09801001 24042). The idea is to use the funds in this account to fund additional actions and to
replenish that account through the recovery of legal and staff expenses in each action.
Attachments
APPROVED AS TO FUNDS AND
ACCOUNTS:
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Francisco Gutierrez
Executive Director
Finance & Management Services Agency
19E -2
Receivership Recommendation
ADDRESS: 1221 N. Harbor AP # 198- 101 -01
OWNER OF RECORD: Pauline Pham
Receivership Recommendation
Location: Riverview Corridor - Adjacent to commercial businesses in a heavy
commuter corridor, corner property on Harbor Street.
Zoning: SP2
Conditions: Substandard conditions- Vacant secured property. All electrical,
plumbing and metals have been removed from the interior (shell dwelling). Roof
and walls are collapsing in certain areas, weatherproofing issues on site, no
landscape.
Information: Property is currently secured. No activity has been recorded or
obtained for correction of violations. No future project pending. The dwelling has
been vacant for many years. Active squatter activity per the SAPD, Code
Enforcement Department has boarded up the property several times because of
squatter behavior.
Current: Notice and Order active
19E -3
Receivership Recommendation
ADDRESS: 335 E. Adams AP # 016 - 043 -19
OWNER OF RECORD: Thomas Gallegos
Receivership Recommendation
Location: Delhi Neighborhood - Adjacent to dense residential properties and
elementary school.
Zoning: R2
Conditions: Substandard conditions- Vacant secured property. Roof is
deteriorating, weatherproofing issues throughout dwelling. The dwelling has been
vacant for many years with no current project or corrections recorded for near
future.
Information: Dwelling has been vacant per records since 2007. Our department has
received over 17 complaints regarding an illegal auto repair business on site.
Current: Notice and Order active
19E -4