Page 1 of 16 Agenda Item #5.6. Council Agenda Report SUBJECT: BLIGHTED PROPERTIES REPORT MEETING DATE: MAY 16, 2017 RECOMMENDATION It is recommended that the City Council receive and file the Report. DISCUSSION The City Council directed staff to start abatement proceedings on certain properties. The following is the status of enforcement action taken. The process started with a Notice of Violation giving property owners 30 days to respond. Notice and Order to Abate Nuisance were mailed to those who did not respond. If appealed within 30 days of the Notice and Order, the City will appoint a hearing officer (an attorney or a code enforcement official from another City, depending on the severity of the code violation) whose decision will be binding on the property owner/appellant. A lack of response to the Notice and Order allows the City to start abatement of the nuisance. Section 8.16.190 of the Municipal Code provides the following: A. If, after any notice of violation or any order of a hearing officer made pursuant to this chapter has become final, the person to whom such order is directed shall fail, neglect or refuse to obey such order, the department head is authorized and directed to cause the nuisance to be abated by city personnel or private contract. In furtherance of this section, the department head shall obtain a warrant, if required, and thereafter is expressly authorized to enter upon the premises for the purpose of abating the nuisance. B. Additionally, any person who fails to obey such order shall be guilty of a misdemeanor punishable as specified in Section 1.12.010 of the Rio Vista Municipal Code. (Ord. 625 1 Ex. A, 2007). Options for Abatement: (1) After obtaining a warrant to enter the property, the City can abate the nuisance by fixing-up the property or demolish the building(s) in question by hiring a demolition company. Fixing-up or demolishing a property will depend upon the costs involved and the ability to recoup the costs through the placement of a lien on the property. (2) Approach the Court to appoint a Receiver to rehabilitate or demolish the property. A health and safety receivership is a legal process through which title to a piece of real property is
Page 2 of 16 temporarily taken from the owner and placed with a court-appointed officer: the receiver. The court will decide at the hearing whether to repair or demolish the building. Recovery of Costs: Section 8.16.210 of the Municipal Code authorizes recovery of costs associated with the abatement action as follows: A. The department head shall keep an account of the costs and expenses of abating such nuisance, and shall render a statement of such costs to the person or persons receiving the notice to abate. B. Such person or persons receiving the notice of violation or decision of the hearing officer shall be liable to the city for any and all costs and expenses to the city involved in abating the nuisance. Such costs and expenses are due upon receipt of the statement required in subsection A of this section. C. Costs and expenses as referred to in this section shall include all costs allowed to be recovered by law, including attorneys fees as allowed by Government Code Section 38773.5 or its successor. (Ord. 625 1 Ex. A, 2007). FINANCIAL CONSIDERATIONS City-initiated rehabilitation, demolition, or a request for placing a property under receivership (through court action) will incur expenses. ALTERNATIVES 1. City-initiated Abatement (on smaller buildings that are easier to be demolished and that do not have asbestos contamination). 2. Request the Court to appoint a receiver (larger buildings, expensive to demolish, presence of asbestos, etc.). SUBMITTED BY Issac A. George, Community Development Director
Page 3 of 16 The following table provides a summary of actions taken and responses received on violations at the following addresses. Some owners responded and have been working with staff to address the problems. No. Property Address Action Taken Response by Property Owner 1. 600 S. 2 nd Street (Multiunit Residential). Violation: Abandoned Building 5/16/2017 A Notice and Order to Abate the building will be mailed prior to the Council meeting. 3/21/17 Reminded property owner manager to respond by March 9, 2017, the deadline per the Notice of Violation. Offered to enter into a binding agreement to abate nuisance, if the property owner opts to consider that option. 2/21/2017 A new Notice of Violation has been mailed to the new property owner on February 7, 2017, with a deadline to abate nuisance by March 9, 2017. 1/17/2017 New property owner was provided old plans and studies. Expecting revised plans. 12/20/16 11/15/16 10/18/16 The property was foreclosed and auctioned off. The new property owner s representative met with staff for rehabilitating the property and requested background information, including technical studies in file. Staff will send a courtesy notice outlining the violations and a request a rehabilitation plan. 8/16/16 A list of corrections needed have been provided to the Property owner. Response expected by the September 6, 2016 meeting. 6/21/16 There has been a delay in completing the revised list of requirements. Staff hopes to send it within a week. 5/17/16 Staff is preparing a revised list of requirements for plan check and expects to mail it by 5/17/2016. 3/15/16 Awaiting revised plans from the property owner. Notice of Violation, dated March 1, 2015, sent. Notice and Order to Abate Nuisance was mailed on May 11, 2015 with a 30-day deadline falling on June 10, 2015 No response. Notice and Order will be mailed meeting the next step in the abatement action. The Manager of the property contacted staff on 6/3/2015 and stated that they will appeal or respond with a plan by the deadline.
Page 4 of 16 2. 640 Highway 12 (The Royal Inn). Violation: Abandoned building On 6/16/2015, the property owner s agent submitted a letter outlining the steps taken to rehabilitate the building and requested additional time to conduct an engineering study and submit the building plans. On 6/23/2015, a request for a 30-day extension was submitted and approved with a deadline of 7/23/2015. An elevation plan of the proposed changes was also submitted. On 7/27/2015, property Manager Stan Wahl met with staff and informed that a demolition permit application will be submitted to remove the unstable front porch. Detailed plans are being prepared for plan check and building permit. Property has been secured from birds entering the attic. Since the property owner has started cleaning-up the property staff will wait until the Council meeting date of August 18, 2015. If no response is received abatement will be continued with the City Attorney. The property owner has picked-up a demolition permit application and is apparently working on receiving clearance from utility companies and the air district. The property owner s representative has not responded to multiple emails about the status of the project. Motion to authorize the City Attorney to proceed with legal action. A building plan has been submitted for review by staff. Pending review and discussion at DRC meeting. Awaiting to receive revised plans. A 10-day Notice was mailed to the owner on January 27, 2016 with a deadline ending on February 5, 2016. If a response is received staff could look at a summary abatement action. 5/16/2017 The City Manager and staff discussed the progress of the project. Concern was raised about the fence that continues to fall down. Attorney Finkle stated that interior demolition is continuing and a revised schedule of work will be submitted. 3/21/17 Robert Finkle, the Attorney representing the property owner, submitted the following rough schedule for completion of the rehabilitation: 1. Interior/Exterior Tear-out - 8-10 weeks or 3rd week in March
Page 5 of 16 (obviously this will depend greatly on how much more rain we get) 2. Roof Repairs/Plumbing and Electrical re-rough - 2-3 weeks or 2nd week in April 3. Sewer line repairs - 2-3 weeks (run simultaneously with reroof) 4. Windows and exterior sheathing repairs - 2 weeks first week in May 5. Stucco - 2 weeks or end of May for exterior completion 2/21/17 Robert Finkle, the Attorney representing the property owner, met with the city Manager and the Community Development Director on 2/2/17 at the subject site. Mr. Finkle stated that they have been doing interior demolitions and showed the work in progress. The City Manager requested that they submit a timeline for completion of the work focusing on exterior rehabilitation, first, to reduce the aesthetic impact. Such a timeline is expected prior to the Council meeting. 1/17/2017 Building permit has been issued for the rehabilitation. 12/20/16 11/15/16 Awaiting air district approval. 10/18/16 The plan check on the modifications by building staff has been completed. Met with contractor on 9/29/2016. Construction is expected to start November 1, 2016. 8/16/16 Updating Plans. 6/21/16 Staff met with property owner and informed of missing information for performing a plan check. 5/17/16 Revised Landscape Plans received. In Plan Check for Building Permit. Updating Plans.
Page 6 of 16 3/15/16 In Plan Check for Building Permit On 2/18/2015, the new property owner was required to submit plans within 30 days. Letter, dated 4/1/2015, was sent outlining specific application requirements. Property owner, attorney and consultants met with City Manager and staff on 4/30/2015 and shared preliminary concepts to refurbish the motel. On 3/16/2015, responded with some sketches which did not meet Application requirements. Sought 30 days to submit the application. The applicant s attorney has submitted a progress report on 6/3/2015 (attached). Stated that the applicant is currently cleaning-up the site and the plans are being prepared. Requested an additional 30 days to submit the application till July 3, 2015, which has been granted by staff. Awaiting submission of application and plans. Application and fees submitted for Planning Commission Review. Under processing. Staff will continue to report on the progress until a business license to operate the new motel would be obtained by the applicant. Planning Commission hearing scheduled for September 30, 2015, for the approval of Site and Architectural Review. Awaiting detailed plans for plan check. On 11/30/2015, an email was sent to the property owner s attorney to provide a status report within 10 days. Applicant s Attorney has emailed staff that the plan-check set will be submitted on or before February 3, 2016. 3. 93 S. 2 nd Street (Ram Hotel; Aka: Sidwell Hotel). Violation: Abandoned Building 5/16/17 The property owner met with City Manager and staff on 4/28/2017 and reported that the exterior rehabilitation is expected to be completed within three months. 3/12/17 The property owner started partial demolition preparing for the fullfledged exterior rehabilitation of the building in a manner approved by the Planning Commission. Staff has requested a likely date of completion. 2/21/17 Appeal hearing was conducted on 1/23/2017. The appeals officer
Page 7 of 16 has ordered to have the nuisance abated within 60 days (on or before March 24, 2017) of the hearing. At the hearing, the property owner reported that the property is in escrow for sale to Jack Hirsch. Recently, Mr. Hirsch stated that the escrow is expected to be closed within a few days, surely prior to the City Council meeting. 1/17/17 Appeal filed. Hearing set for January 23, 2017 at 10 A.M. 12/20/16 New Notice of Violation has been mailed on 10/28/2016. For lack of response, A Notice and Order to Abate Nuisance was mailed on December 1, 2016, which allows the applicant to rectify the violations within 30 days, or file a request for an Appeal Hearing within 10 days of December 1, 2016. As requested, an Appeals Hearing Form was mailed to the applicant s attorney. Received applicant s signed Affidavit accepting Conditions of Approval of Planning Commission Resolution Approving Site & Architectural Review. Received a timeline to complete façade rehabilitation within the timeline allotted by the Planning Commission. A Provisional Building Permit was issued on 11/14/2016. An encroachment permit for scaffolding was issued on 12/6/2016 by the Public Works Department. Air District has signed off on the asbestos abatement. 11/15/2016 New Notice of Violation has been mailed on 10/28/2016. Awaiting response from property owner. Awaiting Air District sign-off on asbestos removed from the site. 10/18/2016 As per Council direction staff is working with the City Attorney s Office to draft a new Notice of Violation. The City s consulting engineers have approved the structural plans for the façade rehabilitation. Building permit will be issued after extending the time line of the Site and Architectural Review Permit and asbestos abatement. Staff will provide a new time line to the property owner for pulling the building permit and completion of façade rehabilitation. 8/16/2016 The project is moving forward, expecting corrected set of plans.
Page 8 of 16 6/21/16 Plans have been submitted for plan check. Plan check comments were provided to the applicant. The applicant has six months from March 9, 2016, to complete the project. 5/17/16 The applicant is working on building plans to be submitted prior to 5/17/16 3/15/16 The matter has been scheduled for a hearing before the Planning Commission at its meeting on March 9, 2016. Has been working with the property owner/investors on several ideas to rehabilitate the building or re-build. On 2/2/2015, a letter was sent giving 60 days to file formal applications. On 2/4/2015, a 48- hour Notice was served to clear fire hazard violations by the Fire Chief. A meeting has been setup for April 13, 2015, by a New York investment group to discuss development of the site. Property owners and project applicants met with City Manager and other staff on April 30, 2015. Immediate fire violations were corrected and building secured. Clearance letter was mailed on February 11, 2015. A 90-day extension to the end of July, 2015 was provided to allow the parties to decide on sale/partnership structuring and submit plans. No updates were received since then.
Page 9 of 16 Apparently, no agreement was reached by the New York group. Exploring the possibility to convert some of the units to an assisted Living Facility and the possibility of conducting a market study. Notice of Violation has been mailed on August 13, 2015. 4. 140 Drouin Drive (Multiunit Residential). Units 34 through 37. Violation: Abandoned The applicant submitted foundation plans, but without any specific project applications. Property owner was advised to submit a proper response to the Notice of Violation within the 30-day time frame, which expires on September 12, 2015. An extension of time to October 21, 2015, was provided by the City in order to allow the property owner time to submit a demolition permit application. Discussion with Howard Kahn, representative, indicated that additional time may be requested to complete the asbestos survey and abatement and obtain the Air District sign-off. An extension of time till November 12, 2015 was approved by the Council. The latest status will be provided at the meeting. (1) Façade Rehabilitation: An extension of time of 60 days was proposed to submit plans and obtain building permits for the façade rehabilitation. (2) Development Project: An extension of time of 120 days was proposed to submit plans, obtain planning commission approval and obtain building permits if the property owner opts to develop the apartment project. A meeting has been scheduled for December 3, 2015 to discuss the project, process, and timelines with the property owner/representative. The applicant has hired an architect who has been in contact with staff on the design and development requirements. The application package for the façade rehabilitation is due on January 18, 2016. 5/16/2017 1 had been completed. Work on Unit 2 has started. The property owner met with staff on 4/26/2017 and stated that he finds it 3/21/17 2/21/17 difficult to hire local licensed workers to complete the job in time. The property owner met with the City Manager. Unit
Page 10 of 16 Building 1/17/17 12/20/16 11/15/16 10/18/16 6/21/16 Under remodeling. 5/17/16 Under remodeling. 3/15/16 In Plan Check Notice of Violation, dated March 4, 2015, sent. Notice and Order to Abate Nuisance was mailed on May 13, 2015. The deadline to respond will be on June 12, 2015. Under remodeling. No response. After 30 days, Notice and Order will be mailed. No response, yet. Working with the City Attorney on feasible options to remodel or abate the properties. The financial impact to the City will have to be studied prior to deciding on the method of abatement. Working with the City Attorney on feasible options to remodel or abate the properties. The financial impact to the City will have to be studied prior to deciding on the method of abatement. Council direction is sought on further action. Staff is trying to confirm status of any ownership changes since the property was heard to be in the market under an Auction. The County Assessor s Office has verified that there are no liens or mortgagee associated with the project. Therefore, the City can move forward with the abatement action. The new property owner has invited staff for a site visit on January 12, 2016, and submitted a list of items that will be improved. A follow-up visit will be scheduled to re-inspect the site. Expecting a DRC application and meeting.
Page 11 of 16 5. 409 Hwy 12 (Commercial Building).Violation: Abandoned Building. Non-compliance with Conditions of Approval. 5/16/2017 No project proposals were received from the applicant since May 2016. Abatement action was held in abeyance to allow the property owner to make use of the existing building and foundation in case a new prospect was found. In the absence of any progress, staff could require the property owner to complete missing improvements to property such as curb, gutter, sidewalk, parking etc., or demolish the building, which the applicant s representative agreed. 1/17/17 12/20/16 11/15/16 10/18/16 No further action recommended since the property owner is prospecting new tenants. 6/21/16 The building has been secured. 5/17/16 Property owner has not comeup with any new business ideas for the site. Expecting a response prior to 5/17/2016. 3/15/16 The 90-day extension provided will lapse on May 1, 2016. Notice of Violation dated March 9, 2015, sent. Of the 19 Certified R/R Notices mailed out, most came back Rejected, meaning they were not accepted. Notice and Order sent on May 7, 2015 with a deadline of June 6, 2015. Received letter dated March 18, 2015, saying the building will be secured and boarded-up; boarding-up will not solve the problem. Follow-up letter will be mailed to complete property improvements or demolish the building. Although staff was contacted, no follow-up was made. Working with the City Attorney on feasible options to remodel or abate the properties. The financial impact to the City will have to be studied prior to deciding on the method of abatement.
Page 12 of 16 Council direction is sought on further action. Motion to authorize City Attorney to proceed with legal action. The property owner s representatives Kadee Moskaluk and David Upham met with staff to discuss the matter. A letter dated November 3, 2015 (attached), requesting a six-month period from the date of the letter to resolve all outstanding issues including the possibility of finding a tenant for the building. Staff recommends a 3-Month period. A 3-Month (90-days) extension till February 1, 2015 was provided. The property owner s representative met with staff and requested another 90-day extension, which has been granted. 6. 27 Esperson Court Violation: Illegal grading, slope stability issues, unfinished carport, use of several metal storage containers, etc. 5/16/17 Remaining tasks are a call for final inspection of the work done to the hillside, submission of application for a lot line adjustment, and demolition of the illegal carport. The property owner has not been responsive and a new Notice of Violation will be mailed. 3/21/17 2/21/17 1/17/17 The demo permit application to be filed. 12/20/16 An inspection of the work performed to stabilize the slop was done. It has not been finaled as the applicant was informed of the need to demolish the illegal car port. 11/15/2016 A new Notice of Violation will be send with regards to lot line adjustment and of the need to demolish the illegal carport. 10/18/2016 Slope stabilization has been made. Applicant to apply for lot line adjustment and demolition of illegal carport. 6/21/16 The City Engineer has requested stamped, signed plans, by a certified engineer. Awaiting response. 5/17/16 The City Manager and the City Engineer met with the property owner and has agreed to meet certain requirements to stabilize the slope. A plan for the same was approved by the City Engineer. Staff is preparing a letter outlining all issues to be addressed in timely manner. The letter will be sent by
Page 13 of 16 5/17/2016. 3/15/16 On February 17, 2016, staff requested additional engineering studies as required by the City Engineer. The Attorney for the property owner has not responded to that request. Another email was sent to the Attorney on March 1, 2016. A Final Notice to submit the requested information has also been mailed to the property owner on March 1, 2016, with a deadline of March 30, 2016. Notice of Violation, dated March Scheduled to meet with Mr. McPherson on 5/7/2015 13, 2015, mailed. Carport without permit; Illegal Connex boxes; and unauthorized grading. Met with Mr. McPherson on 5/7/2015. Was supposed to submit an engineer s report within 30 days, verbally agreed to. Due to a lack of response, the Notice and Order to Abate Nuisance was mailed on 7/2/2015 with a deadline to respond by 8/1/2015. None received, yet. Since a month has passed without any response, Notice and Order to Abate is being prepared which will give the applicant 30 days to Appeal the matter or submit an engineer s report. Appeal against Abatement has been filed by property owner. Subsequently, the appellant has expressed an interest to resolve the issues, and keep the Appeal in abeyance for an initial period of 30 days. Staff provided 30 days to submit an engineering report. The Attorney representing the appellant has stated that a formal response will be submitted before the 30-day deadline which falls on September 6, 2015. An extension of time till November 5, 2015, to prepare an engineer s report was provided. Current deadline is: Nov. 5, 2015. No response was received as of November 4, the date this report was authored. A geo-technical study, dated November 6, 2015, was submitted for review by the engineer. Email sent to the property owner s
Page 14 of 16 7. 21 South 5 th Street Violation: Abandoned house attorney on 11/30/2015 to submit a timeline for compliance within 10 days ending on 12/10/2015. The property owner has met with staff and has been apprised of the need to respond to the revisions requested by the City Engineer. Attorney John Blegen stated that they will respond to the City Engineer providing the additional documentation by January 22, 2016. Staff sent an email reporting the inaction on January 28, 2016. Expecting a reply before the Council meeting. COMPLIANT. NO ACTION NEEDED. 8/16/2016 Derelict building has been demolished. Compliant. Applicant appears to have shelved the plans for a new building. 6/21/16 Staff met with property owner s designer to discuss changes to building plans submitted. Awaiting response. 5/17/16 A new building plan has been submitted by the property owner. To be scheduled for DRC review when the property owner selects a date to attend the meeting. 3/15/16 The building has been demolished in November 2015. The nuisance was abated. Case closed. 8. 40 South 5 th Street Violation: Storage in yards and lack of cleanup. Notice of Violation, was mailed on 3/24/2015. Notice and Order to Abate Nuisance was mailed on 7/2/2105 with a deadline to respond by 8/1/2015. Received letter. Plans to sell; if not, the building will be demolished. 2/21/17 The code enforcement file has been transferred to the City Attorney s office for review and opinion. 1/17/17 12/20/16 11/15/16 10/18/16 Pending Enforcement. Council directed staff to pursue enforcement after dealing with the Ram Hotel property on 2 nd Street.
Page 15 of 16 6/21/16 Pending enforcement. 5/17/16 Hearing Officer s Order came back unreceived. 3/15/16 Hearing Officer s Order to Abate was mailed to property owner on March 1, 2016. Notice of Violation, dated April 1, 2015, mailed. Due to a lack of response, the Notice and Order to Abate Nuisance was mailed on 7/2/2015 with a deadline to respond by 8/1/2015. Staff will be working with the City Attorney s office to get an inspection warrant for the home to assess the inside conditions to address health and safety and building code issues. None, yet. Deadline for response expired on May 31, 2015. Notice and Order to Abate Nuisance being prepared. Appeal against Abatement has been filed by property owner. City Manager to select an Appeals Officer and set hearing date. Hearing tentatively set for September 25 th or October 2 nd, depending on the availability of the Hearing Officer. Hearing was conducted on October 2, 2015. Awaiting hearing officer s report and recommendation. Awaiting the hearing officer s report. The Hearing Officer s Report was received on January 7, 2015. The Council will be updated on the findings at the meeting on January 19, 2016. The Final report with official findings is expected prior to the Council meeting date. 9. 245 Sacramento Street 5/16/17 Most of the clean has been done. The property owner has been given a 30-day extension to remove the tent or get a building permit.
Page 16 of 16 3/21/17 The property owner has executed an Agreement to abate the nuisance by April 27, 2017, especially to pull a permit for the storage shed in the rear yard. 2/21/17 Notice of Violation was mailed on December 12, 2016. A Notice and Order to Abate Nuisance was mailed on January 25, 2017 with a deadline to abate nuisance on or before February 24, 2017. The property owner has cleaned up the front porch and repaired the fence. On 2/6/2017, met with the City Manager and the Community Development Director and requested additional time to deal with a storage shed in the rear setback due their inability replace it due to inclement weather. Staff recommended that the property owner execute an Agreement to remove the shed or submit plans for a building permit to build a code-compliant shed within 60 days. The agreement is being drafted by staff.