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HomeMy WebLinkAbout04-21-2014 Minutes NAIF, ffk1 «-1 NUISANCE ABATEMENT HEARING CITY OF LAKE ELSINORE 183 N. MAIN STREET LAKE ELSINORE, CA 92530 MONDAY, APRIL 21, 2014 CALL TO ORDER Chairman Blake called the Nuisance Abatement Hearing to order at 5:00 p.m. PLEDGE OF ALLEGIANCE Board Member Thomas led The Pledge of Allegiance. ROLL CALL PRESENT: Chairman Blake Board Member Thomas Community Development Director Taylor City Attorney Mann Also present: Code Enforcement Supervisor Lopez and Community Development Tech Teyler. PUBLIC COMMENTS None. CONSENT CALENDAR 1. None PUBLIC HEARINGS 2. 32170 MISSION TR aka 32250 MISSION TR, APN 365 -040 -024, LAKE ELSINORE, CA Chairman Blake opened the Public Hearing at 5:03 p.m. Chairman Blake asked Code Enforcement Supervisor Lopez to give a brief overview of the case. PAGE 2 — NUISANCE ABATEMENT MINUTES — APRIL 21, 2014 Code Enforcement Supervisor Lopez stated the property brought before the Nuisance Abatement Board was Trevi Entertainment Center. He stated the City has had a longstanding ongoing case against the business owner Michel Knight, property owner Louis Depasquale and property manager Timothy O'Byrne. He gave his synopsis of the case. Code Enforcement Supervisor Lopez listed the violations as follows: Lack of landscaping, building maintenance, trash, debris, graffiti, unpermitted business, unpermitted events, unpermitted construction, and life safety hazards regarding fire and building codes. He read portions of the Mutual Settlement Agreement which was finalized by both the City & Trevi on June 8, 2010. He indicated that it was clear by the violations noted that the agreement had been breached. Code Enforcement Supervisor Lopez recommended the Board declare the property a public nuisance to allow the City to address these issues at a later date. Chairman Blake invited Tim O'Byrne to the microphone to speak on the behalf of Inland Pacific California. Property Manager O'Byrne explained that Inland Pacific California is the ground lessee and the fee owner of the building in question. He stated he was the CEO of that company. Chairman Blake asked if he was the owner of the building. Property Manager O'Byrne stated he was the owner of the building. He indicated he had not spoken with Mr. Knight in quite some time due to an adversary proceeding wherein Mr. Knight declared bankruptcy. Property Manager O'Byrne indicated most issues relate to inside of the building and he at this time is stayed by the Bankruptcy's court order until they obtain possession. He commented they have started addressing the issues of landscaping. He explained their non- involvement in most of the violations. Chairman Blake thanked Property Manager O'Byrne. Chairman Blake indicated there was one other person who would like to speak and that was Michel Knight. Business Owner Knight introduced himself and explained his position regarding the property in violation. He stated when property owner Depasquale passed away Property Manager O'Byrne took over. He indicated the operating lessee is ADJ. He explained the situation and problems he is facing with the building and the business. He discussed the issues he has had with Property Manager O'Byrne. PAGE 3 — NUISANCE ABATEMENT MINUTES — APRIL 21, 2014 He also discussed the fire safety issues confirming with Assistant Fire Marshall Bloom the violations were corrected. Chairman Blake thanked Business Owner Knight and asked the Nuisance Abatement Board if there were any questions for Mr. Knight. Board Member Thomas asked Business Owner Knight in his viewpoint if Property Owner O'Byrne was responsible for the landscaping efforts. Business Owner Knight concurred Board Member Thomas clarified Business Owner Knight was responsible for the building maintenance and Property Owner O'Byrne was responsible for the landscaping. Business Owner Knight concurred. He pointed out all the property around the building that was Property Owner O'Byrne's. Chairman Blake asked if there was any one else from the public that would like to address the issues. Property Owner O'Byrne stated he had provided Attorney Mann with an agreement that was in the last bankruptcy filing which clearly identifies who is responsible for the landscaping maintenance. He explained Business Owner Knight and him had reached an impasse. He indicated he hired Matt Liesemeyar to assist with the new landscaping plans submitted to the City. He recommended the Board defer their decision until after the bankruptcy proceedings are completed. He requested thirty to sixty days. Chairman Blake asked Property Owner O'Byrne to make himself available after the hearing for discussion on major safety issues existing on the exterior of the building. Community Director Taylor recommended City Staff who have gone out on the inspections to give an overview regarding their findings especially Assistant Fire Marshal Bloom and Building Official Belvin. Assistant Fire Marshall Bloom introduced himself. He gave his overview of the inspection, the corrections that have been made and the violations that still remain since their first inspection. Chairman Blake asked if the 99 Cent Store was open to the public causing a safety risk. PAGE 4 — NUISANCE ABATEMENT MINUTES — APRIL 21, 2014 Assistant Fire Marshal stated there were no items on the shelves but there were members of the public that went into the 99 Cent Store while they were conducting their inspection. Board Member Thomas inquired if the 99 Cent Store was cordoned off, would the sprinkler system still be an issue. Assistant Fire Marshall concurred. He stated the sprinklers were not evaluated due to no plans. He commented if it were cordoned off it would be less of an issue because people would not be occupying the space. He discussed more interior existing violations. Community Development Director stated he would like to hear from Building Official Belvin. Building Official Belvin gave his overview of the Building and Safety inspection, the electrical problems, the corrections that were made and the ones that remained. He confirmed that the roller rink and the 99 Cent Store were in plan check. Community Development Director Taylor corrected Building Official Belvin stating it was only the 99 Cent Store that was in plan check. Chairman Blake closed the public at hearing 5:35. Community Development Director discussed in length the history of the property, the existing violations and procedures to cure the problems. Chairman Thomas directed comments to the property owner and business owner. Chairman Blake discussed the history of the business and the property. Attorney Mann discussed the legal aspects of the bankruptcy and our legal rights regarding abatement aspects. The Nuisance Abatement Board discussed the time frame and decision. Community Development Director Taylor made a motion to declare the property a nuisance, encourage the property owner to start the landscape plans, encourage the tenant to play by the rules, continue the case to the June 3, 2014 and not forward to the Planning Commission or abate the nuisance until after the June 3, 2014 hearing. PAGE 5 — NUISANCE ABATEMENT MINurES — APRIL 21, 2014 Chairman Blake commented that the safety issues had to be addressed and the landscaping started. MOVED BY COMMUNITY DEVELOPMENT DIRECTOR TAYLOR, SECONDED BY BOARD MEMBER THOMAS AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO DECLARE THE PROPERTY LOCATED AT 32170 MISSION TR aka 32250 MISSION TR, APN 365- 040 -024, LAKE ELSINORE, CA, A PUBLIC NUISANCE, THAT THE CITY WILL NOT TAKE ANY ABATEMENT ACTIONS UNTIL AFTER THE HEARING ON JUNE 3, 2014, THE CITY WILL LOOK TO THE TENANT AND THE LANDLORD FOR IMPROVEMENTS TO THE LANDSCAPING, ANY OUTSTANDING VIOLATIONS BE CORRECTED AND THE CASE TO BE BROUGHT BACK TO THE NUSIANCE ABATEMENT HEARING ON JUNE 3, 2014. 2. Code Enforcement Comments: Code Enforcement Supervisor asked if Business Owner Knight owned any other bowling alleys. Business Owner Knight said no. 3. Nuisance Abatement Board Comments: None. ADJOURNMENT Chairman Blake adjourned the meeting at 5:57 p.m. to the next regularly scheduled meeting to be held on May 6, 2014 at 5:00 p.m. at Lake Elsinore Cultural Center, 183 N. Main Street, Lake Elsinore, California. PAGE 6 — NUISANCE ABATEMENT MINUTES — APRIL 21, 2014 Respectfully Submitted, /j Joyce M. Teyler i/ C�mmunity Development 1h r_11r11r *1n Grant Taylor, Com nity Development Director