TOWN OF SAN ANSELMO STAFF REPORT May 3, 2017

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1 TOWN OF SAN ANSELMO STAFF REPORT May 3, 2017 For the meeting of May 9, 2017 TO: FROM: SUBJECT: Town Council Sean Condry, Public Works Director Summary Abatement of a Public Nuisance to demolish the existing single-family residence at 280 Redwood Road, APN RECOMMENDATION: That the Town Council receive a report from Town staff regarding summary abatement of public nuisance at 280 Redwood Road. BACKGROUND & DISCUSSION Due to the heavy winter storms, there were over 30 landslides throughout Town this past winter. In January, the property at 280 Redwood Road began to move downhill due to the saturated subsurface soil shifting below it. On February 1, 2017, the Building Department red tagged the building declaring it unsafe to occupy. Over the next few months the property owners attempted to shore up and support the home by cabling it to the hillside and installing cribbing under the front end of the home. On May 1, 2017, a letter was received from Axial Engineering, Attachment 1, stating that the home had moved at least 5" more since an inspection performed by them on January 24, This was confirmed by Public Works staff on May 2, 2017 by comparing photos in Attachment 2 from February 2 to photos taken on May 2. Based on continuing downhill movement of the structure, Axial Engineering recommended that "the building be declared a hazard and demolished as soon as possible." 1 The site visit on May 2, 2017 by Sean Condry, Public Works Director, and other staff verified the instability of the hillside and the home. We observed that continued earth movement would further undermine the failed front foundation and that the front main posts and temporary shoring measures were failing. This failure could cause the structure to collapse completely, which would threaten the adjacent 2nd unit/garage structure and homes below. Therefore, I declared the structure a public nuisance that constituted an immediate hazard and threat to public safety and in paiiicular, to the homes below. I informed the property owners of these conclusions in writing and demanded that they begin emergency demolition immediately (See Attachment 2). 1 Following receipt of the Axial Engineering letter and the property owners' submission of an application for a conditional use permit for demolition of the structure, on May 1, 2017, the Planning Commission took up an urgency item to consider the application. The Planning Commission recommended that the Town Council issue the CUP for demolition as soon as possible. However, the summary abatement procedure makes this CUP application moot at this point. (Video available at php?view _id= 1 &clip_ id=225&meta _id=32772) Page 1 of 12

2 The San Anselmo Municipal Code provides for summary abatement of public nuisances where the condition "constitutes an immediate hazard or threat to the safety of person or property." (SAMC ; see also Cal Gov. Code 38773). In such an emergency situation, the Town can dispense with a due process hearing and demolish a building summarily. (Leppo v. City of Petaluma (1971) 20 Cal.App.3d 711, , citing 58 Am.Jur.2d, Nuisances, 204, pp ). The Town is entitled to recover its costs for summary abatement, if the Town carries out the work. (SAMC ). Summary abatement is seldom used. In my time as Public Works Director, this is the only property that has required use of this expedited procedure. Whenever possible, we follow the formal nuisance abatement procedures in the Municipal Code. However, I invoked summary abatement in this instance based on my professional judgment that immediate demolition was required to protect the health and safety of the public. The property owners have been very cooperative and recognize the immediate need for demolition. In my letter of May 2, 2017, I requested that the property owners sign an acknowledgement of the public nuisance on the property. They signed the acknowledgement on May 3, 2017; therefore, a public hearing to establish the existence of a nuisance was rendered moot and unnecessary (see Attachment 2). In addition, the owners finalized their demolition permit on the morning of May 3, 2017 and will commence demolition as soon as possible. Respectfully submitted, ~~ Sean Condry Public Works Director Attachments: 1. Letter from Axial Engineering 2. Letter from Sean Condry to Property Owner with signed Acknowledgement Page 2 of 12

3 Attachment 1 llllra VI A I llr~ \1'\. I I' L.. ENGINEERS STR U CTURAL ENG I NEER I NG SO LU T I ONS May I, 2017 Mr. Sean Condry, Public Works Director Town of San Anselmo 525 San Anselmo Ave San Anselmo, CA Via scondry@townofsananselmo.org Project: Subject: 280 Redwood Road, San Anselmo Demolition of Unsafe Building AEL Project No Dear Mr. Condry: This letter will express my high level of concern regarding the unsafe condition of the single-family residence at the above address and our recommendation that the building be demolished as soon as possible. Our office conducted a site visit to the project site during the recent winter storms. We concluded at that time of our site visit on January 24, 2017 that the building had moved laterally in the downhill direction approximately 8 inches in the few days prior to the site visit. It was our opinion at the time that the owners should vacate the building, which they did. After our site visit, we contacted Millsap/Degnan Construction, a general contractor, who, in collaboration with Miller Pacific Engineering Group, a geotechnical engineering firm attempted to temporarily stabilize the structure in hopes repairs could be made this spring. Emergency stabilization included helical tie backs drilled into the hillside, steel cables attached to the helical anchors and to the building and the erection of wood cribbing on the downhill side of the house to provide additional vertical support. The house continued to move since the installation of the stabilization efforts. The contractor informed me that some of the diagonal cables failed and additional movement on the order of 5 inches occurred in the week after stabilization was attempted. Today, I received photos from Ms. Gay Kagy, owner of the building, indicating that the building is currently continuing to move. The cribbing on the downhill side of the residence is now leaning at an extreme angle and the building is severely racked. I would characterize the current condition as precarious and unstable. I do not recommend that additional attempts to stabilize the residence be undertaken as this would be unsafe and not cost effective. I recommend the building be declared a hazard and demolished as soon as possible. Following are the two photos I received from Ms. Kagy today that will help you understand the cu rrent condition of the structure. 27 Oak Vi ew Court Novato, CA roy@axialengineers.com Page 3 of 12

4 May I, 2017 Project: 280 Redwood Road-Demolition of Unsafe Building Page 2 of 4 Project # If I can be of further help in this matter, please let me know. Sincerely, Roy Andrewson, SE Principal cc: Gay Kagy encl: 2 owner photos. /Redwood Dr 280 Slide-Kagy / LT R_Sa n Anselmo-haza rd.docx Page 4 of 12

5 May I, 2017 Project: 280 Redwood Road-Demolition of Unsafe Building Page 4 of 4 Project # Page 5 of 12

6 May I, 2017 Project: 280 Redwood Road-Demolition of Unsafe Building Page 3 of 4 Project # Page 6 of 12

7 Attachment 2 Kay Coleman Mayor Tom Mcinerney Vice Mayor Ford Greene Councilmember John Wright Co1111ci/111e111ber THE TOWN OF SAN ANSELMO Matt Brown Co1111ci/111e111ber 525 San Anselmo A venue, San Anselmo, CA (415) I Fax (415) May 2, 2017 Gay Kagy 280 Redwood Road San Anselmo, CA APN Dear Ms. Kagy: The Town of San Anselmo received the attached letter from your structural engineer, Roy Andrewson, on May 1, 2017, which states that your house at 280 Redwood Road is unsafe and should be demolished as soon as possible. I visited and inspected your property today and I agree with Mr. Andrewson's assessment. Given the condition of the property, as discussed below and reflected in the attached photos, I have found that the structure is a public nuisance that constitutes an immediate hazard and threat to person and property. Accordingly, the structure must be demolished immediately. If you do not initiate the demolition of the structure on your property within 24 hours of this letter, the Town will carry out the demolition and will require you to reimburse the Town for its costs. The San Anselmo Municipal Code provides for summary abatement of public nuisances where the condition "constitutes an immediate hazard or threat to the safety of person or property." (SAMC ; see also Cal Gov. Code 38773). In such an emergency situation, the Town can dispense with a due process hearing and demolish a building summarily. (Leppo v. City of Petaluma (1971) 20 Cal.App.3d 711, , citing 58 Am.Jur.2d, Nuisances, 204, pp ). The Town is entitled to recover its costs for summary abatement, if the Town carries out the work. (SAMC ). Based on a visual inspection on May 2, 2017 of your house, the Town has confirmed that the structure has moved a minimum of 5" as documented in Mr. Andrewson's letter. On February 2, 2017, the Building Department inspected and red tagged your property due to the damage caused by the slide. Photo 1 from February 2, attached, shows that the ends of the siding are nearly vertical but on Photos 2 and 3 taken today, May 2, 2017 show that the ends of the siding are out of plumb by at least 1-2" per horizontal siding board indicating that the home has moved at least 8" or more. In addition, on Photo 3 and 4, the entire front foundation supporting the main columns has been undermined and torsion caused by the slide is twisting the home down towards Page 7 of 12

8 the right as you face it from the street. The entire front foundation also appears to have been undermined and the entire right side, as you face the house, appears to have dropped by 1-2 ', see Photo 5. In the event of additional earth movement caused by saturated soil or an earthquake the structure will fail catastrophically. With rain in the forecast for this week, the threat of movement increases. In addition, ifthe building continues to shift as it has over the past couple of months it will fail structurally. If the building fails, there is a home immediately below that is in range of the debris field that the collapse of 280 Redwood Road could cause, threatening the safety of the occupants below. My observations and opinion are consistent with those of your structural engineer. Based on my review and that of your structural engineer, if you agree that the structure on your property is a public nuisance requiring immediate demolition, please sign the attached acknowledgment form. You will also need to come in and finalize the demolition permit tomorrow. I will schedule a public hearing before the Town Council at its May 9, 2017, meeting to consider evidence and testimony establishing that the building on your property is an immediate hazard and danger to the public, which demands immediate demolition. By the time the meeting takes place, demolition will have already commenced; however, the hearing will provide you with an opportunity to be heard by the Town Council if you wish to provide testimony or evidence at that time. Thank you for your cooperation with this demand for immediate demolition of the structure on your property. If you have questions, please contact me at or scondry@townofsananselmo.org. Yours truly, Sean Condry Director of Public Works Town of San Anselmo cc: Dave Donery, Town Manager Rob Epstein, Town Attorney Attachment: Letter from Axial Engineers dated May 1, 2017 Page 8 of 12

9 PROPERTY OWNER ACKNOWLEDGEMENT OF PUBLIC NUISANCE I, Gay Kagy, own the property located at 280 Redwood Road in San Anselmo, California (APN ). I have reviewed the May 1, 2017, letter from Roy Andrewson of Axial Engineering and the May 2, 2017, letter from Sean Condry of the Town of San Anselmo. Both letters explain the current condition of the structure on my property. The structure is unstable, as it continues to move, despite efforts at stabilization. Based on the letters, photos and my own observations, I believe that the structure is unsafe and poses an imminent risk of harm. I hereby agree with the Town of San Anselmo's conclusion that the structure is a public nuisance that constitutes an immediate hazard and threat to person and property. Page 9 of 12

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