1 TO: City Council
FROM: Ryan Smoot, City Manager
PREPARED BY: Brianna Rindge, Community & Economic Development Director MEETING DATE: October 17, 2023
SUBJECT: Discussion and Consideration of Authorization for Demolition and Site Clean-up of Declared Nuisance Property 2253-2257 Pacific Coast Highway (APN 7373-008-006)
RECOMMENDATION
Authorize the City Manager to authorize the work as described herein for $32,400.00, with 10% contingency, and return to City Council with a report to recover full abatement costs.
BACKGROUND
Current property owner Ronald Arbolida purchased the property located at 2253-2257 Pacific Coast Highway on 9/27/2005. The lot’s area is 16,870 ft2 with a single 2,394 ft2 building and a 625 ft2 carport. Per the City’s records, the building has been vacant and unmaintained since at least 2011. On 10/14/2021 the property caught fire due to unspecified reasons and the building was red-tagged (legally unoccupiable) by Los Angeles County Building and Safety on 10/21/2021. The City opened a code enforcement case regarding various property maintenance violations of Lomita Municipal Code (LMC):
• Property utilized as habitable dwelling by transients; • Severe dilapidation of building
• Trash & debris dumped on property;
• Unsecured property;
• Abandoned property causing blight;
• Harboring of graffiti; and
• Overgrown vegetation.
To date, despite repeated efforts over multiple years to obtain compliance, Code Enforcement has observed no voluntary compliance. Initial efforts to obtain compliance to-date include:
Item No. SCH 8a
CITY OF LOMITA
CITY COUNCIL REPORT
2 • 3 Notices of Violation issued;
• 4 Citations issued totaling $6,500;
• 2 Notices of Abatement;
• 13 Graffiti Removal Requests totaling $1,950;
• 1 Compliance Demand Letter;
• Two visits to the property owner’s other properties in Torrance in attempt to make contact; all of which displayed elements of dilapidation; and • Two visits to the property owner’s home in Torrance, one of which resulted in contact with an individual who stated that Mr. Arbolida was out of town and provided a cell phone number that matches the number staff has been using to pursue contact.
Declaration of nuisance.
With the exhaustion of the above, pursuant to the City’s municipal code, the Director deemed the site a public nuisance and requested a public hearing to ascertain whether the same does in fact constitute such public nuisance, the abatement of which is appropriate under the police power of the city, under LMC 3-16.05(A).
Form and notice of hearing.
Notice of the time and place of hearing before the City Manager's designee was provided in the form specified by LMC 3-16.05(B), which included the time, date, and location of the hearing, specification of the public nuisance, available abatement methods, and notice that the hearing officer’s finding that a public nuisance exists, and if the owner does not abate the nuisance, the City may direct the abatement and rehabilitation of the nuisance and costs will constitute a lien upon the land until paid.
Posting and serving notice of hearing.
The notice was posted on the property and timely served to the property owner by both regular and certified mail pursuant to LMC 3-16.05(C). Subsection (3) of this section specifically states that “[t]he failure of any person to receive the notice shall not affect the validity of any proceedings under this chapter.”
Hearing conduct.
Per LMC 3-16.05(D), the City Manager designated the Administrative Services Director as the hearing officer. On 5/4/2023, a duly noticed Nuisance Abatement Hearing was convened at City Hall where the officer considered all relevant evidence, including but not limited to, applicable staff reports and provided any interested person a reasonable opportunity to be heard in conjunction therewith. The property owner was not present for the hearing, and the City received no prior correspondence regarding the absence or requesting postponement. This absence was noted during the proceedings and no other public comment was received. On 5/9/2023, staff received a voice message from the property owner, explaining that he had been out of town during the scheduled hearing. He asserted that he had not received any prior notices at his residence, only recently becoming aware of the hearing through a letter that had reached him belatedly.
According to LMC 3-16.05(G), the property owner shall request a time extension and provide evidence of extenuating circumstances for time extension approved. 3 Order of abatement.
On 5/17/2023, the appointed Hearing Officer met the 10 working days deadline and officially designated the property in question as a public nuisance, which is final and conclusive per LMC 3-16.05(E), citing the following violations (see attached):
1. LMC 3-16-03(C): Any building or structure which is partially destroyed, damaged, abandoned, dilapidated, or permitted to remain in a state of partial construction.
2. LMC 3-16.03(0): The failure to secure and maintain against public access all doorways, windows, and other openings into vacant or abandoned buildings or structures.
3. LMC 3-16.03(H-2): Any overgrown, dead, decayed, diseased or hazardous tree, weeds, vegetation, or debris which is maintained so as to cause an obstruction to the vision of motorists or a hazardous condition to pedestrians or vehicle traffic.
4. LMC 3-16.03(H-4): Any overgrown, dead, decayed, diseased or hazardous tree, weeds, vegetation, or debris which detrimentally affects neighboring properties or property values.
5. LMC 3-16.03(1): Building exteriors, roofs, landscaping, grounds, walls, retaining and crib walls, fences, driveways, parking lots, planters, sidewalks, or walkways which are maintained in such condition so as to become defective, unsightly, cracked or no longer viable or in need of insect extermination.
6. LMC 3-16.03(J): The accumulation of dirt, litter, trash, junk, feces, or debris in doorways, adjoining sidewalks, walkways, courtyards, patios, parking lots, planters, landscaped or other areas.
The decision includes an order of abatement directed to the owner of the property, including the nature of the nuisance, its location, and the time and manner for its abatement per LMC 3-16.05(E). The order was delivered to the property owner by both regular and certified mail. The officer included details regarding the recommended method of abatement and its approximate cost, along with a recommendation that the City provide one more opportunity for the property owner to comply as described in LMC 3-16.05(F).
Additional opportunities provided.
City staff communicated with the property owner at City Hall, at the subject site, via phone call, via text messaging, and via email at least twelve times between 5/9/2023 and 9/21/23. This included a collaborative meeting on 5/24/2023, attended by City staff, the City’s attorney, and the property owner. The primary objective of this meeting was to chart a course toward ensuring compliance with the City's requirements. The participants unanimously resolved that the property owner and the City would create and sign a comprehensive Compliance Agreement (attached). This document was tailored to include specific deadlines by which the identified violations must be rectified to bring the property into alignment with the stipulated standards. In addition, on several occasions, City staff walked the property owner through options on what he could do with his property from a planning and zoning standpoint. 4 The City issued the final draft of the Compliance Agreement to the property owner on 6/5/2023, providing a deadline of 6/12/2023 for the property owner to respond. He signed the agreement on 6/9/2023, followed by signatures from the City Manager and City Attorney, thereby enacting the agreement. Staff ensured this signed, enacted agreement was shared with the property owner. The agreement underscores the commitment of all involved parties to address and rectify the noted infractions in a timely and responsible manner, providing a 7/20/2023 final deadline to remedy all violations and providing the property owner opportunity to request a time extension. The Agreement required remediation of all violations such as necessary permits, inspections, and Air Quality Management District requirements.
1. Abate or rehabilitate all substandard, hazardous, and unlawful conditions on the Property, regardless of whether said conditions are specified herein or in the hearing officer’s determination.
2. Remove and lawfully dispose of all accumulations of junk, trash, and debris from interior and exterior portions of the property.
3. Trim, remove, and lawfully dispose of all overgrown vegetation.
4. Submit all requisite applications, plans, supporting documents, and fees to the City's Community Development Department and Los Angeles County Building and Safety to demolish the building and carport. Such applications were due within ten days of the executed agreement date.
5. Obtain the City-issued permits and complete all corrective actions pursuant to the City-approved plans and City-issued permits to correct the unlawful condition by the compliance deadline.
6. Secure the property with a permitted fence. Such applications were due within ten days of the executed agreement date.
Of note, the agreement provides that the City could proceed with summary abatement of the violations without a warrant if the owner failed to correct the violations by the Compliance Deadline of 7/20/2023. The agreement also provided that the owner would be liable for all costs incurred in connection with the abatement as authorized by law. City staff inspected the site eight days after the agreed upon compliance date. On 7/28/2023, the fence remained vulnerable as a potential entry point for trespassers, and the owner did not secure the opening on the side of the structure, presenting the potential for security issues. The owner of the property neglected to submit any of the required applications.
The City acknowledges that the property owner visited the County’s public counter for permits but failed to submit as outlined within the signed Compliance Agreement. In addition to these safety issues, the City has not received the amount due for the administrative citations ($8,998.38).
On multiple occasions since, City staff sent repeated courtesy notices to the property owner regarding this item coming before City Council, including via phone call, text message, email, and physical postings on the property.
5 ANALYSIS
Since the 7/28/2023 inspection, the City has observed no voluntary compliance at the site and significant efforts toward compliance, such as application for a demolition permit or cleanup of the dilapidated building. Since the owner has failed to take action to abate the public nuisance, and pursuant to the signed Compliance Agreement, the City Manager, through City employees or an independent contractor, may now cause such public nuisance to be abated as directed in the hearing officer’s order (see attached).
Abatement cost recovery.
Staff will maintain an itemized record of the cost of work performed by staff and/or the independent contractor(s) to abate the nuisance. Per LMC 3-16.07(A), the cost of abating the public nuisance shall either be in the form of a lien on the property, a special assessment against the property, or the personal obligation of the owner and/or the person responsible for creating, causing, committing or maintaining the public nuisance.
The City Manager or his designee will prepare and file a report to City Council specifying the abatement measures undertaken, the itemized and total cost of the abatement, a description of the real property on which the abatement was done, and the names and addresses of the persons entitled to notice pursuant to LMC 3-16.05(E). The City is entitled to interest at the rate of 7% per annum from the date of confirmation of costs by the City Council. The report will be verified by the city official in charge of overseeing the abatement work as required by LMC 3-15.07(B).
Notice of abatement cost hearing.
City staff will provide notice of the abatement cost hearing in the same manner as the public nuisance hearing, per LMC 3-16.07(C), at least ten days prior to the City Council hearing date for the passage of the City manager’s Report. The notice will specify that the property may be sold by the tax collector or by the City for unpaid delinquent assessments.
Abatement cost hearing.
The City Council shall hear and pass upon the report, together with any objections or protests which may be raised by the property owner liable to be assessed for the abatement work, including written correspondence provided in advance of the hearing.
No protest shall be heard concerning the action of the City Manager or his designee in ordering the abatement of the nuisance, unless such abatement order was issued as a result of an emergency. After hearing and reviewing any oral and written protests, the City Council may make such revisions, corrections, or modifications to the report as it may deem just, after which, by resolution, the report shall be confirmed. The decisions of the city council on all protests and objections shall be final and conclusive per LMC 3-16.07(D).
Notice of lien recordation.
Such notice of proposed recordation and an itemized notice of the lien will be sent by certified mail at least ten days before recording the lien by certified mail to the property owner and served in the same manner as a summons in a civil action in accordance 6 article 3 (commencing with section 415.10) of chapter 4 of title 5 of part 2 of the Code of Civil Procedure.
Failure to pay lien.
If the cost of abatement is not paid within ten days after service of the notice of recordation is complete, the City may file in the office of the county recorder a certificate in the form “Notice of Lien” provided by LMC 3-16.07(E). If the lien is not paid from the date of recording the lien notice, the City may file and maintain an action to foreclose the lien or take any other action as provided by law.
Alternatively, failure to pay the lien within ten days pursuant to Government Code § 38773.5 may constitute a special assessment against that parcel of property which shall be recorded per LMC 3-16.07(G). The assessment liens shall be subordinate to all existing special assessment liens previously imposed upon the same property and paramount to all other liens except state, county and municipal taxes with which it shall be on parity. The lien shall continue until the assessment and all interest due and payable thereon has been paid.
City Council may alternatively order that the cost for the abatement be made a personal obligation of the property owner and/or the person responsible for causing, committing, or maintaining the public nuisance under LMC 3-16.07(H).
The City Council may institute a lawsuit to collect any amounts due by reason of the abatement of a nuisance by the city and to foreclose any existing liens for such amounts.
FISCAL IMPACT
Finding no compliance with the deadlines agreed to in the executed compliance agreement (attached), staff obtained three quotes for a company to demolish the structures and clean up the site to bring it into compliance. Staff recommends moving forward with Alexander Demolition & Hauling which quoted $32,400 with a 10% contingency as the quote does not include Air Quality Management District (AQMD) forms and fees, which the contractor is prepared to add. Additionally, the quote does not include demolition/grading/building permits, inspections, salvaging, temporary fencing, asbestos/lead testing, asbestos abatement, temporary power, shutting of utilities, (water, gas, electric) or any additional work requested by the contractor that is not stated in bid.
Of the inclusive quotes, Alexander’s yields the least expense.
OPTIONS:
1. Authorize the City Manager to authorize the work as described herein for $32,400, with 10% contingency, and return to City Council with a report to recover full abatement costs.
2. Provide staff with further direction.
7 Will Lawson
ATTACHMENTS
1. Designated Hearing Officer’s Findings and Decision
2. Executed Compliance Agreement
Reviewed by: Approved by:
Gary Y. Sugano Ryan Smoot
Assistant City Manager City Manager
Prepared by:
_________________________
Brianna Rindge, AICP Will Lawson
Community & Economic Development Director Senior Code Enforcement Officer
CITY COUNCIL
BARRY WAITE
BILL UPHOFF
JAMES GAZELEY
CINDY SEGAWA
MARK W ARONEK
May 17, 2023
ADMINISTRATION
RYAN SMOOT
CITY MANAGER
Subject: Determination of Existence of a Public Nuisance and Abatement of Such Nuisance at 2253-2257 Pacific Coast Highway
Findings: Based on the findings below, it is determined that a public nuisance does exist at 2253-2257 Pacific Coast Highway
Background
• The property at 2253-2257 Pacific Coast Highway was purchased by Ronald Arbolida on September 27, 2005. The property contains a 2,394 square foot building and a 625 square foot carport. The lot area is 16,870 square feet. • Based on the latest LA County Assessor's information, Mr. Arbolida is listed as the current property owner.
• The building has been vacant since 2011.
• On October 14, 2021, a fire occurred on the property damaging the main building and LA County Department of Public Works (Building and Safety) subsequently red tagged the building.
• In March 2022, the building was being used as a habitable dwelling and abated the use in March and July 2022 (at the City's expense).
• The City's Code Enforcement Division has issued 3 Notices of Violation, 2 Notices of Abatement, 4 citations and 13 separate graffiti removals totaling $6,500 in fines and $1,300 in graffiti removal costs. In addition, the City Attorney's office prepared a Compliance Demand Letter with a deadline of March 18, 2023 with no response from the property owner. The property continues to be occupied by transients. • The City has made numerous attempts to contact Mr. Arbolida without any response. • Over the past several years, over 20 calls for service have been received regarding the property.
• The various inspections concluded that:
o The building is dilapidated
o Trash and debris continue to be strewn on the property o The property is unsecured and is a target for occupancy by transients and prone to graffiti
o Overgrown vegetation that is not addressed
Per Section 3-16.03. (Public Nuisances) of the Lomita Municipal Code based on the City's record including information provided at the hearing held on May 4, 2023 such conditions do exist which constitute a public nuisance:
• LMC Sec. 3-16-03(C): Any building or structure which is partially destroyed, damaged, abandoned, dilapidated, or permitted to remain in a state of partial construction.
CITY HALL OFFICES • 24300 NARBONNE A VENUE, LOMITA • CALIFORNIA 90717 (310) 325-7110 • FAX (310) 325-4024 • www.lomitacity.com Attachment 1
Attachment 2