PowerPoint Presentation — Manhattan Beach City Council, September 6, 2023

“Note: This PowerPoint presentation is intended solely as a visual aid to an oral staff presentation of an agenda report topic. In the event of any differences between the presentation and th e agenda report, the information in the agenda report prevails.” 116 9th STREET PUBLIC NUISANCE

ABATEMENT HEARING
City Council Hearing, September 6, 2023

2CITY OF

VICINITY MAP
SEPTEMBER 6, 2023
116 9TH STREET
3-Unit
multi-
family
structure
3CITY OF

MANHATTAN BEACH
“Note: This PowerPoint presentation is intended solely as a visual aid to an oral staff presentation of an agenda report topic. In the event of any differences between the presentation and th e agenda report, the information in the agenda report prevails.” • July 29, 2022 – Residential
structural fire on top floor
• August 2, 2022 – property was
Red Tagged
• August 15, 2022 – structural
assessment completed by a
licensed engineer
º City replaced red tag with yellow tag

BACKGROUND
SEPTEMBER 6, 2023
116 9TH STREET
4CITY OF

MANHATTAN BEACH
“Note: This PowerPoint presentation is intended solely as a visual aid to an oral staff presentation of an agenda report topic. In the event of any differences between the presentation and th e agenda report, the information in the agenda report prevails.” • December 30, 2022 – submittal of
plans for fire damage repair
• January 30, 2023 – staff
completed review; “required
resubmittal”
º To date, a resubmittal has not been
received
BACKGROUND CONT.

SEPTEMBER 6, 2023
116 9TH STREET
5CITY OF

MANHATTAN BEACH
“Note: This PowerPoint presentation is intended solely as a visual aid to an oral staff presentation of an agenda report topic. In the event of any differences between the presentation and th e agenda report, the information in the agenda report prevails.” • April 26, 2023 – Code Enforcement
requested a Statement of Intent
from the property owner
º The Statement of Intent has not been
received
º Notice of Violation mailed May 16,
2023
BACKGROUND CONT.

SEPTEMBER 6, 2023
116 9TH STREET
6CITY OF

MANHATTAN BEACH
“Note: This PowerPoint presentation is intended solely as a visual aid to an oral staff presentation of an agenda report topic. In the event of any differences between the presentation and th e agenda report, the information in the agenda report prevails.” • May 11, 2023 –Fire Marshall, Code
Enforcement Supervisor, and Building
Official re-inspected the exterior of the
property
º Red Tag issued and posted
• May 22, 2023 - “Unsafe Structure” letters
were issued to the property owner
• June 8th 2023 - Meeting to discuss
compliance was held, but the property
owner declined to attend
BACKGROUND CONT.
116 9TH STREET
SEPTEMBER 6, 2023
7CITY OF

MANHATTAN BEACH
“Note: This PowerPoint presentation is intended solely as a visual aid to an oral staff presentation of an agenda report topic. In the event of any differences between the presentation and th e agenda report, the information in the agenda report prevails.” • The City has fielded multiple complaints
and concerns regarding the status of the
property & structure
• Trespassers have been photographed
in the structure
• To date, the applicant or property
owner on the building permit
application have taken no further action
BACKGROUND CONT.
116 9TH STREET
SEPTEMBER 6, 2023
8CITY OF

MANHATTAN BEACH
“Note: This PowerPoint presentation is intended solely as a visual aid to an oral staff presentation of an agenda report topic. In the event of any differences between the presentation and th e agenda report, the information in the agenda report prevails.” • Per “Unsafe Structure” letters, current
condition of the structure is cause for
concern over public safety
º Fire hazard & danger to surrounding
residents, general public, & responding
emergency personnel
º Major structural damage
º No action to take down/remove or
make the structure safe by the owner

DISCUSSION
116 9TH STREET
SEPTEMBER 6, 2023
9CITY OF

DISCUSSION
116 9TH STREET
SEPTEMBER 6, 2023
10CITY OF

MANHATTAN BEACH
“Note: This PowerPoint presentation is intended solely as a visual aid to an oral staff presentation of an agenda report topic. In the event of any differences between the presentation and th e agenda report, the information in the agenda report prevails.” • MBMC Section 9.68.020 identifies
22 specific conditions that are
unlawful and constitute a nuisance.
º Current state of the structure & property
qualify as a nuisance based on the
conditions defined in provision A, C, D,

E, I, U, & V

PUBLIC NUISANCE
SEPTEMBER 6, 2023
116 9TH STREET
11CITY OF

UNAUTHORIZED ACCESS
SEPTEMBER 6, 2023
116 9TH STREET
29CITY OF

MANHATTAN BEACH
“Note: This PowerPoint presentation is intended solely as a visual aid to an oral staff presentation of an agenda report topic. In the event of any differences between the presentation and th e agenda report, the information in the agenda report prevails.” • Council shall determine whether the
property, or any part of the property,
constitutes a public nuisance…
º Adopt a resolution declaring that a
public nuisance exists & order
abatement.
 Recommended abatement is demolition of
the private structure.

PUBLIC NUISANCE CONT.

SEPTEMBER 6, 2023
116 9TH STREET
32CITY OF

MANHATTAN BEACH
“Note: This PowerPoint presentation is intended solely as a visual aid to an oral staff presentation of an agenda report topic. In the event of any differences between the presentation and th e agenda report, the information in the agenda report prevails.” • The property owner may abate the
nuisance prior to the expiration of the
compliance dates.
º If voluntarily abated, City will provide a
notice of compliance.
º If not voluntarily abated, the City can
pursue abatement.

PUBLIC NUISANCE CONT.

SEPTEMBER 6, 2023
116 9TH STREET
33CITY OF

MANHATTAN BEACH
“Note: This PowerPoint presentation is intended solely as a visual aid to an oral staff presentation of an agenda report topic. In the event of any differences between the presentation and th e agenda report, the information in the agenda report prevails.” • Written notice of hearing sent by
certified mail to owner 10 days prior to
the City Council hearing date.
• Notice was posted on the property.
• A courtesy notice was mailed to all
property owners & occupants of
property within 100 feet of the property.

NOTICING
SEPTEMBER 6, 2023
116 9TH STREET
34CITY OF

NOTICE POSTED ON PROPERTY
116 9TH STREET
SEPTEMBER 6, 2023
35CITY OF

MANHATTAN BEACH
“Note: This PowerPoint presentation is intended solely as a visual aid to an oral staff presentation of an agenda report topic. In the event of any differences between the presentation and th e agenda report, the information in the agenda report prevails.” • Section 15301(l) (Existing Facilities) of
the State CEQA Guidelines exempts
the demolition of a multi-family
residence with no more than 6
dwelling units in an urbanized area
º No exceptions to the exemptions apply
º No further review is necessary

ENVIRONMENTAL REVIEW
116 9TH STREET
SEPTEMBER 6, 2023
36CITY OF

MANHATTAN BEACH
“Note: This PowerPoint presentation is intended solely as a visual aid to an oral staff presentation of an agenda report topic. In the event of any differences between the presentation and th e agenda report, the information in the agenda report prevails.” • Conduct a hearing
• Adopt a resolution declaring the fire
damaged structure at 116 9th Street a
public nuisance & ordering abatement
via demolition & security fence
installation, unless voluntary abatement
is attained by the property owner within
30 days of adoption of the resolution.

CONCLUSION AND RECOMMENDATION
SEPTEMBER 6, 2023
116 9TH STREET
“Note: This PowerPoint presentation is intended solely as a visual aid to an oral staff presentation of an agenda report topic. In the event of any differences between the presentation and th e agenda report, the information in the agenda report prevails.” 116 9th STREET PUBLIC NUISANCE

ABATEMENT HEARING
City Council Hearing, September 6, 2023

Manhattan Beach City CouncilSeptember 6, 2023

Manhattan Beach City Council
September 6, 2023