Item #02
Date: September 19, 2023
To: Mayor and City Council
From: Christian S. Sachs, Chief of Police
Jim Schaad, City Manager
Subject: Initiate Code Enforcement Legal Proceedings
Recommendation:
Pass a Motion to authorize City Attorney to initiate code enforcement legal proceedings as it relates to real property located at 424 B Street, Marysville, CA.
Rationale for Recommendation:
Code Enforcement personnel have attempted to gain compliance through the administrative abatement process for the past 14 months without success. Legal action for formal abatement is the next step in the process to mitigate this hazard.
Background:
Code enforcement personnel initiated a Code Enforcement action on 424 B Street, Marysville CA, on July 18, 2022. The action was in reference to several violations of the Marysville Municipal Code. Specifically, vacant, unoccupied, and abandoned structures in blighted conditions that are 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. The building at the property has broken windows, doors, and similar conditions. The Fire Department has deemed this location a Fire Safety hazard and the Building Department has red tagged this location.
Code Enforcement has issued 9 notices of violation from July 18, 2022, through July 17, 2023. Total fines are currently in the amount of $8,760. This does not include the personnel time committed to all inspections and noticing of said property.
A final Notice to Correct was sent certified mail on June 23, 2023, outlining the need to mitigate and penalties outlined. A Notice of Penalty and Violation Order was then sent on July 17, 2023, since there was no action from the previous notice to correct.
The fine amount of $8,760 is as of September 12, 2023, and will continue to accrue at $100 per day until the abatement process is mitigated.
Discussion & Analysis:
The Code Enforcement team has followed the administrative abatement process by noticing this property owner 9 times in the last 14 months. Code Enforcement personnel had specifically spoken with the resident who is also the property owner, and he is non- compliant. The property owner now avoids all Item #02
contact with Code Enforcement, Law Enforcement personnel, and does not sign for certified mail upon attempts to contact.
The administrative abatement process has been exhausted and the next step in the abatement process is to file formal abatement sanctions through the courts in an effort to gain compliance.
Legal Review:
This abatement case has been reviewed by and discussed with the City Attorney.
Fiscal Impact:
No fiscal impact at this time to begin the process.
Attachments:
1) Notice to Correct
2) Notice & Order with New Penalties
3) Notice and Order