HomeMy WebLinkAbout09-05 - Declaring Conditions at 2258 Orange Ave, to be a Public Nuisance Subject to AbatementRESOLUTION NO. 09- 5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, DECLARING
CONDITIONS AT THE PROPERTY KNOWN AS 2258
ORANGE AVENUE, COSTA MESA, TO BE A PUBLIC
NUISANCE SUBJECT TO ABATEMENT.
THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS
FOLLOWS:
WHEREAS, the City Council has considered information submitted by City staff
concerning certain conditions extant at the property known as 2258 Orange Avenue
(APN 426-073-27), Costa Mesa; and
WHEREAS, the City Council has also afforded both the property owner and
nearby neighbors an opportunity to be heard concerning the conditions extant at this
property; and
WHEREAS, since 2005, the owner has negatively impacted the surrounding
residential neighborhood with excessive noise after 8 p.m. associated with on-site
construction -related activities and light and glare impacts from improperly placed
security lighting, despite numerous complaints to the owner and to City staff from
neighbors, and despite numerous violation notices and citations from Code
Enforcement; and
WHEREAS, the large basement is 9 -feet deep by 40 -feet wide by 40 -feet long,
and is an attractive nuisance and hazard even in dry conditions, but all the more so with
the recent onset of seasonal rains falling into a large hole in the ground which has no
natural or man-made drainage, thus allowing water to accumulate to potentially the
nine -foot depth of the basement; and, notwithstanding that it is temporarily secured by
fencing, the long-term remedy is to remove the basement walls and floor and fill in the
remaining hole with appropriately compacted soil; and,
WHEREAS, the owner has ignored staff's direction to restore this property to a
vacant lot, and it has been used as a storage yard since June 2008; and,
WHEREAS, in addition to building materials and equipment, household goods
and rubbish have also accumulated on the property, which contributes further to the
visual blight impacts to the surrounding neighborhood; and,
WHEREAS, the owner has indicated that he lacks the resources to complete the
construction of the house and that he has no intention of performing any more work;
including restoration of the site to a vacant lot; and,
WHEREAS, it is, pursuant to Chapter 1, Article 5 of the Costa Mesa Municipal
Code, both the duty and the right of the City of Costa Mesa, through its City Council, to
take action where appropriate to cause and authorize the abatement of nuisance
conditions which endanger the peace and safety of the citizens of Costa Mesa;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Costa
Mesa, does hereby declares as follows:
1. Conditions at the property known as 2258 Orange Avenue, Costa Mesa, and in
particular the open basement structure and the related storage and accumulation
of materials, implements and vehicles on this property, constitute a nuisance
within the meaning of §§ 20-3 and 20-4 of the City of Costa Mesa Municipal
Code.
2. City staff is hereby directed to take all steps lawful and necessary to abate said
nuisance conditions, and to restore this property to a safe, quiet and orderly
condition.
3. City staff is hereby further directed to report back to the City Council within thirty
(30) days of this resolution concerning the completion of such abatement or the
progress toward completion of abatement, and to continue such reports each
thirty (30) days thereafter until such time as the abatement of this nuisance has
been completed.
4. City staff is hereby furthermore directed to provide written notice of this
Resolution to the property owner, together with written notice of his/her/their right
under § 20-14(e) and Title 2, Chapter IX (Appeal, Rehearing and Review
Procedure) of the City of Costa Mesa Municipal Code to appeal this
determination.
PASSED AND ADOPTED this 6t" day of January, 2009.
ATTEST:
- (I"D4&Z
JuI9 Folcik, City Clerk
�--
ts
Allan R. Mansoor, Mayor
APPROVED AS TO FORM:
Ki berly Hall Barlow, City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, JULIE FOLCIK, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY
that the above and foregoing is the original of Resolution No. 09-5 and was duly passed
and adopted by the City Council of the City of Costa Mesa at a regular meeting held on
the 6th day of January, 2009, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS: MANSOOR, LEECE, BEVER, FOLEY, MONAHAN
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the
City of Costa Mesa this 7th day of January, 2009.
(SEAL)
J
JU FOLCIK, 6TY CLERK