CITY OF MARYSVILLE
POLICE DEPARTMENT
Christian S. Sachs
316 6th Street • Marysville, CA 95901 Chief of Police
RPORATED FEB: Phone: (530) 749-3900 • Fax: (530) 749-3990 June 23, 2023
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
David Sperbeck
204 Fifth Street
Marysville, CA 95901
Re: Nuisance Abatement at 424 B Street, Marysville CA (the "Property") Dear Mr. Sperbeck:
You have received seven notices to correct the nuisance conditions which exist at the above- Correct. If this notice is ignored, we will proceed with a notice and order of abatement under the City of Marysville's Nuisance Abatement Code. Please be advised that you have already incurred $600 in administrative penalties. Additionally, if you fail to abate the notice within the fifteen days specified you will incur an additional $1,500 in administrative penalties (beginning with the service of the Notice to Correct) and these administrative penalties will continue thereafter at $100 per day until the nuisance is abated. The city is willing to waive the current $600 of administrative penalties if you abate the nuisance. It is the city's position that demolition of the structures at the Property is the only practical way to affect the abatement as it appears that renovations would be far more expensive than demolition and rebuilding from a "fresh start".
That said, it would be your choice as the property owner whether you should abate the nuisance by demolition or by renovation. If, within the fifteen days specified in the Notice to Correct served herewith, you pull a demolition permit and demolish the building at the property before the permit expires, the city will waive administrative penalties. Likewise, if you submit renovation plans which correct all the problems noted and complete reconstruction within the life of the permit, the city will likewise waive the administrative penalties. On the other hand, if you fail to act, the city will seek imposition of all its administrative penalties, costs of demolition/abatement and staff time incurred to bring the property into compliance. We hope this is not necessary and look forward to your prompt action to satisfy the Notice to Correct.
Sincerely,
aricia Rodney
Community Service Officer
CITY OF MARYSVILLE
POLICE DEPARTMENT
Christian S. Sachs
316 6th Street • Marysville, CA 95901 Chief of Police
RATED FEB- Phone: (530) 749-3900 • Fax: (530) 749-3990
MAILED VIA CERTIFIED AND REGULAR MAIL
NOTICE TO CORRECT
PROPERTY ADDRESS OWNER NAME & ADDRESS
424 B Street David Sperbeck
Marysville, CA 95901 204 5th Street, Marysville, CA 95901 PARCEL NUMBER: 010-243-004-000
TO: DAVID SPERBECK, OWNER OF THE PROPERTY AT 424 B STREET, MARYSVILLE, CA 95901 (THE "PROPERTY")
AND TO ANY AND ALL TENANTS, OCCUPANTS, OR OTHER PERSONS WITH AN INTEREST IN THE PROPERTY:
This notice constitutes a "Notice to Correct" and abate a nuisance existing at the property pursuant to Marysville Municipal Code Section 9.50.150. This notice is given to David Sperbeck, the owner of the property and to all tenants, occupants and other persons who might claim an interest in the property who are hereby placed on notice of the following:
1. Factual Background. Seven Notices to Correct Nuisance Conditions which exist at the property have been previously sent dated July 18, 2022, September 9, 2022, October 18, 2022, January 4, 2023, February 6, 2023, April 19, 2023 and March 10, 2023, copies of which are attached hereto respectively as Exhibits 1-7. There has been no response to these prior Notices to Correct. To date, $600 in administrative penalties have been incurred.
2. The Name and Address of the Property Owner: David Sperbeck, 204 5' Street, Marysville, CA 95901. The identity of tenants, occupants and/or persons who might claim an interest in the property, if any, are unknown.
3. Conditions Which Constitute a Nuisance at the Property. The conditions which constitute a nuisance are set forth with specificity in the prior Notices to Correct (Exhibits 1-7 attached hereto inclusive). In summary, the property consists of vacant, unoccupied, and abandoned structures in blighted conditions that is a detriment to values in the neighborhood and local business. There are overgrown bushes and trees, graffiti on the fence and residents with furniture located outside of the building at the property.
Additionally, there are mattresses and garbage outside of the building at the property. The building at the property has broken windows, doors, and similar conditions.
4. Code Sections Which Have Been Violated. Specific sections of the Marysville Municipal Code are set forth with particularity in Exhibits 1-7 inclusive attached hereto. Violations include Marysville Municipal Code Section 9.50.100(b)(10), 9.50.100(b)(12),
9.50.100(b)(12)(G), 9.50.100(b)((7), 9.50.100(b)(12)(A), and 9.50.100(b)(12)(B).
5. Range of Administrative Monetary Penalties Which May be Imposed for Uncorrected Violations. Pursuant to Section 9.50.170 of the Marysville Municipal Code, administrative penalties may be imposed in the amount of $100 for a first violation; $200 for a second violation of the same nature within one year and $300 for each additional violation of the same nature within one year of the second violation. Each day any violation continues constitutes a separate violation. Six hundred dollars of administrative penalties have already accrued prior to service of this Notice to Correct. If there is a failure to comply with this Notice to Correct an additional $1,500 ($100 per day) will accrue from the date of service of this Notice to Correct through the 15th day (the deadline to correct). Thereafter, penalties will continue to accrue at the rate of $100 per day until there has been abatement of the nuisance at the property.
6. Order to Correct. A failure to comply with this notice will result in the issuance of an Order to Correct ("Notice and Order") pursuant to Section 9.50.160 of the Marysville Municipal Code. It is the position of the City of Marysville that demolition of the structures at the property is the only practical way to affect the abatement of the nuisance as it appears that renovations would be far more expensive than demolition and rebuilding from a "fresh start". To abate the nuisance, it will be necessary to seek a demolition permit from the City of Marysville's Building Department and thereafter to demolish the structures located at the property under the terms of the demolition permit. Alternatively, should the property owner choose to abate the nuisance by renovation, it will be necessary to submit appropriate renovation plans which will correct all the violations, and complete reconstruction within the life of the building permit. In the event of a failure to comply with this Notice to Correct and any subsequent Notice and Order of Abatement, the city will proceed with demolition if the owner fails to do so (and does not submit building plans and complete renovation of the structures at the property).
7. Contact Information for Enforcement Officer. The name of the enforcement officer is Paricia Rodney, Community Service Officer, telephone (530) 749-3900. The recipients of this notice are advised that they may contact the enforcement officer to explain why they believe the premises should not be declared to be a public nuisance and abated (demolished); why penalties should not be assessed; and/or that the cost of such abatement and administrative penalties should not become a charge and lien against the premises. The enforcement officer may rescind or modify this Notice to Correct based upon substantive evidence which may be presented.
Thank you for your anticipated compliance with this notice.