City Council Agenda Report
TO: Mayor McCord and Members of the City Council
FROM: Ken Irwin, City Manager
BY: Alysia Gomez,
MEETING DATE: May 17, 2022
ITEM NO: 7.1
SUBJECT: Authorize Staff to abate Public Nuisances at 830, 860 W. Las Palmas Ave. and 15611 S. 9th St. by demoing and/or securing the buildings, removing weeds, dirt, rubbish, and other rank growth as required pursuant to the provisions of Ordinance No. 243 and Ordinance No. 704, as defined in Chapter 6.16 of the Patterson Municipal Code-Property Maintenance; Authorize Staff to begin bid process (Resolution No. 2022-29) Clean-Up Process.
RECOMMENDATION
Motion to Authorize Staff to abate Public Nuisances at 830, 860 W. Las Palmas Ave. and 15611 S. 9th St. by demoing and/or securing the buildings, removing weeds, dirt, rubbish, and other rank growth as required pursuant to the provisions of Ordinance No. 243 and Ordinance No. 704, as defined in Chapter 6.16 of the Patterson Municipal Code-Property Maintenance; Authorize Staff to begin bid process (Resolution No. 2022-29) Clean-Up Process.
BACKGROUND
The abatement of Public Nuisances, including Unsafe, Unsecured Buildings, Weeds, Dirt, Rubbish and/or Rank Growth is a process the City of Patterson Fire Department and Code Enforcement conducts annually, per Ordinance, in an effort to reduce the aforementioned which may interfere with public health and safety, endanger or injure, or be detrimental to, or which cause substantial diminution in the value of neighboring property or endanger or injure the welfare of the residents in the vicinity of such property, or which may become a fire hazard.
This process is conducted year-round, with greater emphasis placed on abating such nuisances between May and October, where hotter, dryer conditions create a greater potential for ignition of combustible materials.
Recent unlawful residential property nuisance conditions and activity including structure fires, unauthorized entry, and lack of property maintenance from persons owning, leasing, renting, occupying or having charge or possession of residential properties has occurred with some properties. Therefore, Code Enforcement has caused notice to be given requiring the abatement of such nuisances and stating that unless such nuisances be abated without delay by the demoing and/or securing of buildings, destruction or removal of the weeds, rubbish, dirt and rank growth, the nuisances will be abated by city authorities and the expense thereof assessed upon the lot, parcel and land from or on which such nuisance was abated.
ANALYSIS
Notice has been issued to the addresses listed (see Exhibit “A” May 10, 2022) in accordance with the City of Patterson Municipal Code, Chapter 6.16 Property Maintenance, Sections:
6.16.030 and 6.16.050 (A), (B) which states:
6.16.030 Notice to abate nuisance.
Whenever the director, or such other official as may be designated by the city council, finds that weeds, rubbish, dirt or rank growth are growing, located or existing upon any property within the city in violation of the provisions of this chapter which may endanger or injure, or be detrimental to, or which cause substantial diminution in the value of neighboring property or endanger or injure the welfare of the residents in the vicinity of such property, or which may become a fire hazard, the director, or such other official as may be designated by the city council, shall give, or cause to be given, notice in the manner and in the forms specified in this chapter requiring the abatement of such nuisance and stating that unless such nuisance be abated without delay by the destruction or removal of the weeds, rubbish, dirt and rank growth, the nuisance will be abated by city authorities and the expense thereof assessed upon the lot, parcel and land from or on which such nuisance was abated. (Ord. 704 § 1 (part), 2008: Ord. 243 § 3, 1974.)
6.16.050 Service of notice.
Such notices shall be given in the manner set forth in this section:
A. The director, or such other official as may be designated by the city council, shall cause a notice or notices to be mailed by United States mail, to the owner of the subject property as shown upon any city record, or upon the last equalized assessment roll or at his last known address, whichever he shall determine to be the best means of serving notice upon the actual owner. Additionally, if the subject property address and the subject property owner’s address are different, the director or other designated official shall cause a notice or notices to be mailed by United States mail to the property address. The failure of the owner to receive such notice shall not affect the power of the city or of its officers or employees to proceed as provided in this chapter.
B. Such notice shall be mailed not less than ten days prior to the date set for a hearing upon objections as provided in Section 6.16.060
<http://www.codepublishing.com/CA/Patterson/html/Patterson06/Patterson0616.htm l> of this chapter. (Ord. 704 § 1 (part), 2008: Ord. 243 § 5, 1974).
A revised and updated list will be provided at the City Council Meeting.
The property owner has not responded to the aforementioned notice within the time prescribed, and therefore staff is requesting approval from the City Council to authorize staff to address the nuisance, per Patterson Municipal Code, Chapter 6.16 Property Maintenance Section 6.16.190.
FISCAL IMPACT
The recommended action would not directly result in an impact to the City’s funds, with the exception of staff time spent on surveying the properties. All costs incurred will be recouped by the City as per the Patterson Municipal Code, Chapter 6.16 Property Maintenance Section
6.16.190:
6.16.190 Assessment of costs against property-Lien.
The cost of abatement upon, or in front or rear, of each lot or parcel of land shall constitute a special assessment against that lot or parcel. After such assessment has been made and confirmed, it shall constitute a lien upon such lot or parcel for the amount of such assessment, until paid. (Ord. 704 § 1 (part), 2008: Ord. 243 § 16, 1974. Formerly
6.16.180).